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B-192721 1 (1979-01-22)

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UNITED STATES GENERAL  ACCOUNTING  OFFICE
         WASHINGTON,   D.C. 20548


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I REPLY
REFEII To; B-192721


OFpFICCOF GENERALCOUN5EL


   Mr.  ola E, Childers
   2007 Bay Street
-7Morehead  City, North Carolina  28557


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JIll 2 2 1979


Dear Mr. Childers:


     This is in  furtherjreference to your letter  of August 8, 1978,
requestifghinformation  regarding the time limit  on residence .
Vr-
     Reimbursement  to Federal employees of certain  expenses incurred
in connection with  residence transactions incident  to a transfer
of duty station  is governed by section 5724(a)(4)  of title 5, United
States Code.

     By Executive  Order No. 11609, July 221  1971, the presidential
authority  to issue regulations under 5 U.S.C.  5724(a) was delegated
to the General  Services Administration  (GSA),  Pursuant to this
authority,  the GSA promulgated paragraph 2-6,le  of the Federal
Travel Regulations  (FTR) (FPHR 101-7, May  1973) which governs time
limitations  for reimbursement of expenses  incurred in connection
with real estate  transactions.  That section  provides, in pertinent
part, that  the Government may reimburse employees  for expenses
incurred in  connection with the Sale of a  residence at the old
oftIcial station  and the purchase of a residence  at the new official
station, provided  the settlement date for  the sale and purchase
are nut later  than 1 year after the date  the employee reports for
duty at  the new official station.  The agency  head is also author-
ized  to extend this time limit for an additional  period not to
exceed 1 year.   Thus, there is-no authority  to reimburse employees
for expenses  incurred after the 2-year  time limit, regardless of
when .the employee's request for an extension  was received by the
agency.   57 Comp. Gen. 28, 30 (1977).


     This regulation  was promulgated pursuant  to the statutory
authority of 5 U.S.C.  5724(a) '(1976) and has the force arid effect
of law.  It may  not be waived  or modified in any  individual case,
regardless of  extentuating circumstances.  B-191203,  May 11, 1978,
and B-189043,  July 1, 1977.


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