B-167562, SEP 9, 1969

B-167562: Sep 9, 1969

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DETERMINATIONS REGARDING PAYMENTS ARE FINAL AND CONCLUSIVE GAO WILL NOT COMMENT ON METHOD USED TO DETERMINED VALUE OF EMPLOYEE'S RESIDENCE. FURTHER ELIGIBILITY IS QUESTIONED SINCE PARTIAL CLOSING OF INSTALLATION WAS ANNOUNCED IN MAY 1964 AND PAYMENTS UNDER PROGRAM WERE TO BE MADE ONLY IF ANNOUNCEMENT WERE MADE AFTER NOVEMBER 1. AS A RESULT OF A LOSS YOU INCURRED IN THE SALE OF YOUR RESIDENCE AT YOUR FORMER OFFICIAL STATION INCIDENT TO THE CLOSING OF THE DEPARTMENT OF DEFENSE INSTALLATION AT WHICH YOU WERE EMPLOYED. WE HAVE ALSO RECEIVED A REQUEST FROM CONGRESSMAN RICHARD H ICHORD FOR A REPORT WITH REGARD TO YOUR CLAIM. ALL THE DETERMINATIONS AND DECISIONS MADE PURSUANT TO SUCH REGULATIONS BY THE SECRETARY OF DEFENSE REGARDING SUCH PAYMENTS AND CONVEYANCES AND THE TERMS AND CONDITIONS UNDER WHICH THEY ARE APPROVED OR DISAPPROVED.

B-167562, SEP 9, 1969

CIVIL PAY - HOME SALE LOSS PAYMENTS DECISION TO DEFENSE DEPARTMENT EMPLOYEE CONCERNING CLAIM FOR PAYMENTS UNDER THE HOMEOWNERS ASSISTANCE PROGRAM AS A RESULT OF A LOSS INCIDENT TO SALE OF RESIDENCE AT FORMER STATION AS RESULT OF CLOSING OF INSTALLATION. SINCE UNDER PUBLIC LAW 89-754, DETERMINATIONS REGARDING PAYMENTS ARE FINAL AND CONCLUSIVE GAO WILL NOT COMMENT ON METHOD USED TO DETERMINED VALUE OF EMPLOYEE'S RESIDENCE. FURTHER ELIGIBILITY IS QUESTIONED SINCE PARTIAL CLOSING OF INSTALLATION WAS ANNOUNCED IN MAY 1964 AND PAYMENTS UNDER PROGRAM WERE TO BE MADE ONLY IF ANNOUNCEMENT WERE MADE AFTER NOVEMBER 1, 1964.

TO MR. DONALD H. WARD:

WE REFER TO YOUR LETTER OF JUNE 10, 1969, CONCERNING YOUR CLAIM FOR REIMBURSEMENT UNDER SECTION 1013 OF THE DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966, APPROVED NOVEMBER 3, 1966, PUBLIC LAW 89-754, 80 STAT. 1290, 42 U.S.C. 3374(A) (1964 ED., SUPP. IV), AS A RESULT OF A LOSS YOU INCURRED IN THE SALE OF YOUR RESIDENCE AT YOUR FORMER OFFICIAL STATION INCIDENT TO THE CLOSING OF THE DEPARTMENT OF DEFENSE INSTALLATION AT WHICH YOU WERE EMPLOYED.

WE HAVE ALSO RECEIVED A REQUEST FROM CONGRESSMAN RICHARD H ICHORD FOR A REPORT WITH REGARD TO YOUR CLAIM.

WE NOTE THAT THE SECRETARY OF DEFENSE HAS THE RESPONSIBILITY FOR THE ADMINISTRATION OF THE HOMEOWNERS ASSISTANCE PROGRAM UNDER SECTION 1013(F) OF PUBLIC LAW 89-754 WHICH PROVIDES:

"THE TITLE TO ANY PROPERTY ACQUIRED UNDER THIS SECTION, THE ELIGIBILITY FOR, AND THE AMOUNTS OF, CASH PAYABLE, AND THE ADMINISTRATION OF THE PRECEDING PROVISIONS OF THIS SECTION, SHALL CONFORM TO SUCH REQUIREMENTS, AND SHALL BE ADMINISTERED UNDER SUCH CONDITIONS AND REGULATIONS, AS THE SECRETARY OF DEFENSE MAY PRESCRIBE. SUCH REGULATIONS SHALL ALSO PRESCRIBE THE TERMS AND CONDITIONS UNDER WHICH PAYMENTS MAY BE MADE AND INSTRUMENTS ACCEPTED UNDER THIS SECTION, AND ALL THE DETERMINATIONS AND DECISIONS MADE PURSUANT TO SUCH REGULATIONS BY THE SECRETARY OF DEFENSE REGARDING SUCH PAYMENTS AND CONVEYANCES AND THE TERMS AND CONDITIONS UNDER WHICH THEY ARE APPROVED OR DISAPPROVED, SHALL BE FINAL AND CONCLUSIVE AND SHALL NOT BE SUBJECT TO JUDICIAL REVIEW."

UNDER THE PROVISIONS OF THAT SUBSECTION THE TERMS AND CONDITIONS FOR PAYMENTS ARE TO BE PRESCRIBED IN REGULATIONS OF THE SECRETARY OF DEFENSE AND ALL DECISIONS AND DETERMINATIONS THEREUNDER BY THE SECRETARY WITH REGARD TO THE PAYMENT OF CLAIMS MADE PURSUANT TO SECTION 1013 ARE FINAL AND CONCLUSIVE. ACCORDINGLY, OUR OFFICE IS NOT IN A POSITION TO COMMENT ON THE METHOD USED IN YOUR CASE BY THE DEPARTMENT OF DEFENSE TO DETERMINE THE VALUE OF YOUR FORMER RESIDENCE.

THE REAL ESTATE DIVISION, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, REPORTED TO US THAT YOU HAD NOT APPEALED THE ORIGINAL DETERMINATION DISALLOWING YOUR CLAIM UNDER THE PROVISIONS OF APPLICABLE REGULATIONS. SINCE YOU HAVE INDICATED YOUR INTENTION TO APPEAL, THE REAL ESTATE DIVISION DID NOT DISCUSS THE MERITS OF YOUR CASE IN ITS REPORT. IT WAS INDICATED, HOWEVER, THAT THERE WAS A QUESTION OF YOUR ELIGIBILITY FOR PAYMENTS UNDER THE PROGRAM BECAUSE IT APPEARED THAT THE ANNOUNCEMENT OF THE PARTIAL CLOSING OF THE INSTALLATION AT WHICH YOU WERE EMPLOYED OCCURRED IN MAY 1964 WHEREAS PAYMENTS UNDER THE PROGRAM MAY BE MADE ONLY IF SUCH AN ANNOUNCEMENT WAS MADE AFTER NOVEMBER 1, 1964. THAT MATTER WOULD BE FOR CONSIDERATION IN CONNECTION WITH ANY APPEAL YOU MAKE.

THE ENCLOSURES TO YOUR LETTER ARE RETURNED.