B-171411, FEB 9, 1971

B-171411: Feb 9, 1971

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WIENER WERE INCURRED IN SEPTEMBER AND OCTOBER 1970 IN EXCESS OF THE APPLICABLE 2 YEAR TIME LIMIT FOR TRAVEL AND TRANSPORTATION AND THE 1-YEAR (PLUS 1 YEAR EXTENSION) TIME LIMIT FOR REIMBURSEMENT OF REAL ESTATE EXPENSES AS SPECIFIED IN BUREAU OF THE BUDGET CIRCULAR NO. THE CIRCULAR CONTAINS STATUTORY REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW AND. THIS IS SO REGARDLESS OF THE FACT THAT MR. THE VOUCHER IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.

B-171411, FEB 9, 1971

REIMBURSEMENT OF EXPENSES - APPLICABLE TIME LIMIT DECISION DENYING REIMBURSEMENT TO PAUL T. WIENER, AN EMPLOYEE OF THE FOOD AND DRUG ADMINISTRATION, HEW, FOR TRAVEL AND TRANSPORTATION EXPENSES AND REAL ESTATE EXPENSES INCIDENT TO A CHANGE OF OFFICIAL STATION. NOTWITHSTANDING CLAIMANT'S GOOD-FAITH EFFORT TO REDUCE HIS MOVING EXPENSES, THE EXPENSES, INCURRED IN SEPTEMBER AND OCTOBER 1970 INCIDENT TO A CHANGE OF OFFICIAL STATION EFFECTIVE JUNE 4, 1967, DO NOT FALL WITHIN THE APPLICABLE 2-YEAR LIMIT FOR TRAVEL AND TRANSPORTATION AND THE 1-YEAR LIMIT (PLUS 1-YEAR EXTENSION) FOR REAL ESTATE EXPENSES AS SPECIFIED IN BOB CIR. NO. A-56, WHICH CONTAINS STATUTORY REGULATIONS HAVING THE FORCE AND EFFECT OF LAW WHICH CANNOT BE WAIVED. THE EXPENSES, THEREFORE MAY NOT BE REIMBURSED.

TO MR. HAROLD R. HEISER:

WE REFER TO YOUR LETTER OF OCTOBER 21, 1970, AND ENCLOSURES, REQUESTING OUR DECISION AS TO WHETHER CERTAIN ITEMS ON A VOUCHER IN FAVOR OF MR. PAUL T. WIENER, AN EMPLOYEE OF THE FOOD AND DRUG ADMINISTRATION (FDA), DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (HEW), MAY BE CERTIFIED FOR PAYMENT. THE ITEMS IN QUESTION REPRESENT TRAVEL AND TRANSPORTATION EXPENSES AND REAL ESTATE EXPENSES INCURRED BY MR. WIENER IN CONNECTION WITH HIS CHANGE OF OFFICIAL STATION FROM BROOKLYN, NEW YORK, TO NEWARK, NEW JERSEY, EFFECTIVE JUNE 4, 1967.

THE FILE DISCLOSES THAT THE CLAIMED EXPENSES OF MR. WIENER WERE INCURRED IN SEPTEMBER AND OCTOBER 1970 IN EXCESS OF THE APPLICABLE 2 YEAR TIME LIMIT FOR TRAVEL AND TRANSPORTATION AND THE 1-YEAR (PLUS 1 YEAR EXTENSION) TIME LIMIT FOR REIMBURSEMENT OF REAL ESTATE EXPENSES AS SPECIFIED IN BUREAU OF THE BUDGET CIRCULAR NO. A-56. THE CIRCULAR CONTAINS STATUTORY REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW AND, THEREFORE, THE TIME LIMITATIONS SET FORTH THEREIN MAY NOT BE WAIVED, MODIFIED, OR EXTENDED BY THIS OFFICE. SEE OUR DECISIONS B 167385, PUBLISHED AT 49 COMP. GEN. 145 (1969); B-166608, APRIL 22, 1969; B-168914, JULY 31, 1970; B-168901, FEBRUARY 27, 1970; AND B 164201, MAY 27, 1968, COPIES ENCLOSED. THIS IS SO REGARDLESS OF THE FACT THAT MR. WIENER ACTED IN GOOD FAITH IN HIS EFFORTS TO REDUCE HIS MOVING EXPENSES.

THE VOUCHER IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.