B-161050, MAY 8, 1967

B-161050, MAY 8, 1967

TO AUTHORIZED CERTIFYING OFFICER:

YOUR LETTER OF MARCH 10, 1967, REFERENCE 4-360, SUBMITS RECLAIM VOUCHERS FOR MR. ALBERT S. D-ALESSANDRO AND MR. JOHN TELISAK, COVERING EXPENSES INCURRED BY THEM UPON PERMANENT CHANGES OF STATION WHICH THEY FEEL ARE REIMBURSABLE UNDER THE PROVISIONS OF PUB.L. 89-516, APPROVED JULY 21, 1966, 80 STAT. 323.

THE FACTS, CIRCUMSTANCES AND CLAIMS INVOLVED ARE SET OUT IN YOUR LETTER AS FOLLOWS:

"MR. ALBERT S. D-ALESSANDRO TRANSFERRED FROM SALT LAKE CITY, UTAH, TO DUCHESNE, UTAH, JANUARY 14, 1966. HOWEVER, HE COULD NOT SELL HIS HOUSE AND MOVE HIS FAMILY AND HOUSEHOLD GOODS UNTIL AFTER JULY 21, 1966.

"DUCHESNE, UTAH, IS A TOWN OF APPROXIMATELY 800 POPULATION, AND WAS SELECTED AS THE CONSTRUCTION HEADQUARTERS AREA FOR THE BONNEVILLE UNIT OF THE CENTRAL UTAH PROJECT. SINCE THERE WAS NO HOUSING AVAILABLE FOR BUREAU PERSONNEL IN THE DUCHESNE AREA, SEVERAL CONSTRUCTION CONTRACTS WERE LET IN THE LATE SPRING AND EARLY SUMMER OF 1966 FOR UP TO 100 FAMILY LIVING UNITS IN DUCHESNE. THE FIRST GROUP OF UNITS WERE NOT READY FOR OCCUPANCY UNTIL OCTOBER 1966.

"BECAUSE OF THE LACK OF LIVING QUARTERS HE WAS UNABLE TO MOVE HIS FAMILY TO DUCHESNE AND HAD TO DELAY SELLING HIS RESIDENCE LOCATED IN BOUNTIFUL, UTAH. THE SALE WAS CONSUMMATED (SIC) IN SEPTEMBER AFTER HE WAS ASSURED LIVING QUARTERS IN DUCHESNE.

"THE DELAY OF THE SALE OF HIS RESIDENCE CAUSED HIM TO PAY AN EXTRA $728.00 IN DISCOUNT TO FINANCE THE NEW LOAN OF THE BUYER. THE SELLERS' DISCOUNT RATE HAD INCREASED FROM 3 PERCENT IN THE SPRING TO 6 1/2 PERCENT IN SEPTEMBER. MR. D-ALESSANDRO HAS PRESENTED A CLAIM AS FOLLOWS:

"1. REIMBURSEMENT OF $728.00 DUE TO INCREASED COST THROUGH NO FAULT OF HIS OWN.

"2. REIMBURSEMENT OF $1,115.00 IN REAL ESTATE COMMISSIONS UNDER PUBLIC LAW 89-516 SINCE THE SALE COULD NOT BE CONSUMMATED UNTIL AFTER JULY 21.

"3. REIMBURSEMENT FOR MOVING 7,590 POUNDS OF HOUSEHOLD GOODS UNDER PUBLIC LAW 89-516 INSTEAD OF 7,000 POUNDS ALLOWED.

"MR. JOHN TELISAK TRANSFERRED FROM PRICE, UTAH, TO DUCHESNE, UTAH, FEBRUARY 13, 1966. HE EXPERIENCED THE SAME SITUATION AS MR. D ALESSANDRO AND WAS UNABLE TO MOVE HIS FAMILY AND HOUSEHOLD GOODS UNTIL PERMANENT QUARTERS WERE COMPLETED. IT WAS NECESSARY FOR MR. TELISAK'S FAMILY TO RESIDE IN A RENTED RESIDENCE IN PRICE PENDING HOUSING AVAILABILITY WHICH WAS AN ADDED EXPENSE THROUGH NO FAULT OF HIS OWN.

"MR. TELISAK IS CLAIMING THE DIFFERENCE BETWEEN 7,000 POUNDS OF HOUSEHOLD GOODS AND 11,000 POUNDS ALLOWED UNDER HIS ORIGINAL CLAIM.'

SECTION 1 (A) (2) OF PUB.L. 89-516 AMENDED THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 73B-1 (A), BY STRIKING THE WORD "SEVEN" APPEARING IN THE SECOND PARENTHESES CONTAINED THEREIN, AND INSERTING IN LIEU THEREOF THE WORD "ELEVEN" THUS INCREASING THE NET WEIGHT OF HOUSEHOLD GOODS AND EFFECTS TRANSPORTABLE AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF DUTY STATION FROM 7,000 POUNDS TO 11,000 POUNDS.

SECTION 2 OF THE FOREGOING PUBLIC LAW FURTHER AMENDED THE ADMINISTRATIVE EXPENSES ACT OF 1946 BY ADDING CERTAIN NEW SECTIONS WHICH READ IN PERTINENT PART AS FOLLOWS, AND CONCERN THE MATTERS HERE INVOLVED:

"SEC. 23. UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND TO THE EXTENT DEEMED NECESSARY AND APPROPRIATE, AS PROVIDED THEREIN, APPROPRIATIONS OR OTHER FUNDS AVAILABLE TO THE DEPARTMENTS FOR ADMINISTRATIVE EXPENSES SHALL BE AVAILABLE FOR THE REIMBURSEMENT OF ALL OR PART OF THE FOLLOWING EXPENSES OF OFFICERS OR EMPLOYEES FOR WHOM THE GOVERNMENT PAYS EXPENSES OF TRAVEL AND TRANSPORATION * * *

"/4) THE EXPENSES OF THE SALE OF THE RESIDENCE * * * OF THE OFFICER OR EMPLOYEE AT THE OLD OFFICIAL STATION AND PURCHASE OF A HOME AT THE NEW OFFICIAL STATION REQUIRED TO BE PAID BY HIM WHEN THE OLD AND NEW OFFICIAL STATIONS ARE LOCATED WITHIN THE UNITED STATES * * * BUT REIMBURSEMENT FOR BROKERAGE FEES ON THE SALE OF THE RESIDENCE AND OTHER EXPENSES UNDER THIS SUBSECTION SHALL NOT EXCEED THOSE CUSTOMARILY CHARGED IN THE LOCALITY WHERE THE RESIDENCE IS LOCATED AND NO REIMBURSEMENT SHALL BE MADE FOR LOSSES OF THE SALE OF THE RESIDENCE. * * *

"SEC. 28. NOTWITHSTANDING THE PROVISIONS OF * * * SECTIONS 23 * * * OF THIS ACT, THE TRAVEL AND TRANSPORTATION EXPENSES * * * AND OTHER RELOCATION ALLOWANCES SHALL NOT BE ALLOWED THEREUNDER WHEN A CIVILIAN OFFICER OR EMPLOYEE IS TRANSFERRED WITHIN THE CONTINENTAL UNITED STATES * * * UNLESS AND UNTIL SUCH OFFICER OR EMPLOYEE SHALL AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR TWELVE MONTHS FOLLOWING HIS TRANSFER UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL AND ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED. IN CASE OF VIOLATION OF SUCH AGREEMENT, ANY MONEYS EXPENDED BY THE UNITED STATES UNDER SAID SECTIONS OF THIS ACT ON ACCOUNT OF SUCH OFFICER OR EMPLOYEE SHALL BE RECOVERABLE FROM HIM AS A DEBT DUE THE UNITED STATES.'

THE PRESIDENT BY EXECUTIVE ORDER NO. 11230 OF JUNE 28, 1965, AS AMENDED BY EXECUTIVE ORDER NO. 11290, DATED JULY 21, 1966, DELEGATED THE AUTHORITY OF PRESCRIBING REGULATIONS AS AUTHORIZED BY PUB.L. 89 516, TO THE DIRECTOR OF THE BUREAU OF THE BUDGET. THE DIRECTOR, IN HIS LETTER OF OCTOBER 12, 1966, TRANSMITTING TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS, CIRCULAR NO. A 56, REVISED REGULATIONS GOVERNING PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES, SPECIFICALLY POINTED OUT THAT THE BENEFITS PROVIDED BY PUB.L. 89-516 ARE CONDITIONED UPON (1) THE CIVILIAN OFFICER OR EMPLOYEE HAVING SIGNED THE AGREEMENT REQUIRED BY PUB.L. 89-516, (2) AN EMPLOYEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER) ON OR AFTER JULY 21, 1966, AND (3) THE EXPENSES THAT ARE REIMBURSABLE UNDER THE PROVISIONS OF THE STATUTE AND IMPLEMENTING REGULATIONS BEING INCURRED ON OR AFTER JULY 21, 1966. THIS CONNECTION WE POINT OUT THERE IS NO SPECIFIC INDICATION IN THE HISTORY OF THE FOREGOING PUBLIC LAW THAT THE REGULATORY AUTHORITY GRANTED TO THE PRESIDENT WAS LIMITED TO THE EXTENT THAT HE WAS REQUIRED TO ALLOW PAYMENT OF ALL EXPENSES AUTHORIZED THEREBY ON THE BASIS OF THE DATE REIMBURSABLE EXPENSES WERE INCURRED WITHOUT REGARD TO THE DATE THE EMPLOYEE WAS TRANSFERRED TO HIS NEW STATION. IN THIS REGARD WE NOTE THAT IF THE BUREAU OF THE BUDGET HAD NOT RESTRICTED AUTHORIZED REIMBURSEMENT ON THE BASIS OF THE DATE THE EMPLOYEE REPORTED TO HIS NEW DUTY STATION EMPLOYEES WHO WERE TRANSFERRED AS MUCH AS TWO YEARS BEFORE JULY 21, 1966, COULD HAVE BEEN CONSIDERED AS ELIGIBLE FOR REIMBURSEMENT OF OTHERWISE ALLOWABLE EXPENSES WHICH WERE INCURRED AFTER THE DATE OF APPROVAL. THIS IS SO BECAUSE APPLICABLE REGULATIONS PERMITTED ALLOWABLE TRAVEL AND TRANSPORTATION TO BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF AN EMPLOYEE'S TRANSFER. SEE B-153515, JANUARY 4, 1967, 46 COMP. GEN. --. IN ADDITION, NOTHING IN PUB.L. 89 516 HAS ANY RETROACTIVE EFFECT SO AS TO AUTHORIZE PAYMENT OF ADDITIONAL BENEFITS WITH RESPECT TO THE CLAIMS PRESENTED BY MESSRS. D ALESSANDRO AND TELISAK.

THEREFORE, SINCE THE EMPLOYEES HERE INVOLVED TRANSFERRED TO THEIR NEW DUTY STATIONS ON JANUARY 14 AND FEBRUARY 13, 1966, RESPECTIVELY, ALTHOUGH THEY WERE UNABLE TO MOVE THEIR FAMILIES AND HOUSEHOLD GOODS AND PERSONAL EFFECTS UNTIL PERMANENT QUARTERS WERE CONSTRUCTED AND AVAILABLE AFTER JULY 21, 1966, THEIR CLAIMS DO NOT MEET THE CONDITIONS SET OUT ABOVE AND ACCORDINGLY SUCH CLAIMS CANNOT BE PAID UNDER THE PROVISIONS OF PUB.L. 89- 516.

THE RECLAIM VOUCHERS ARE RETURNED HEREWITH AND IN VIEW OF THE FOREGOING MAY NOT BE CERTIFIED FOR PAYMENT.