B-197355, JAN 29, 1980

B-197355: Jan 29, 1980

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HESTIR'S CLAIM WAS DENIED BECAUSE HIS OLD AND NEW OFFICIAL STATIONS WERE NOT LOCATED WITHIN THE UNITED STATES.

B-197355, JAN 29, 1980

PRECIS-UNAVAILABLE

PETER W. RODINO, JR., HOUSE OF REPRESENTATIVES:

BY LETTER OF DECEMBER 28, 1979, YOU REQUESTED OUR VIEWS ON H.R. 6156, 96TH CONGRESS, 1ST SESSION, A BILL FOR THE RELIEF OF MR. WILLIS A. HESTIR.

THE BILL WOULD RELIEVE MR. HESTIR OF $2,489.60, REPRESENTING THE AMOUNT HE RECEIVED AS A GOVERNMENT EMPLOYEE FOR REAL ESTATE EXPENSES PURSUANT TO A PERMANENT CHANGE OF STATION.

WE CONSIDERED MR. HESTIR'S REQUEST FOR RELIEF FROM LIABILITY FOR REAL ESTATE EXPENSES IN OUR DECISION B-191121, AUGUST 29, 1978, COPY ENCLOSED. MR. HESTIR TRANSFERRED FROM NEW MEXICO TO SAIPAN, A DUTY STATION OUTSIDE THE UNITED STATES. THEREFORE, MR. HESTIR'S CLAIM WAS DENIED BECAUSE HIS OLD AND NEW OFFICIAL STATIONS WERE NOT LOCATED WITHIN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE, AS REQUIRED BY STATUTE. 5 U.S.C. SEC. 5724AA)(4) (1976).

WE RECOMMEND AGAINST ENACTMENT OF THIS LEGISLATION BECAUSE IT WOULD RESULT IN PREFERENTIAL TREATMENT OF THE INDIVIDUAL OVER OTHERS SIMILARLY SITUATED.

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