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B-195167 1 (1981-03-05)

handle is hein.gao/gaobabjzc0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES : WASHINGTON D.C. 20548 B-195167 March 5, 1981 The Honorable William F. Bolger Postmaster General United States Postal Service Dear Mr. Bolger: Further reference is made to your letter dated May 23, 1980, requesting that we reconsider our decisions'in Matter of Postal Service Employees, 58 Comp. Gen7132 (1978), and Matter of James A. Schultz, 59 Comp. Gen. 28 (1979). LIn~those decisions, we held that an employee of the Postal Service who accepts an appointment to a new position with an executive agency is not eligible for reimbursement of relocation expenses-under 5 U.S.C. 5724 and 5724a. Essen- tially, we noted that 5 U.S.C. 104 and 2105, as amended by the Postal Reorganization Act of 1970 (Act), Pub. L. 91-375, 6(c)(2) and (4), 84 Stat. 775,,exclude the Postal Service from the definition of executive agency and direct that an employee of the Postal Service is not to be deemed an employee for purposes of title 5 of the United States Code except as otherwise expressly provided by law. We also noted that 5 U.S.C. 5721specifically precludes Postal Ser- vice employees from being-regarded as agency employees. for purposes of 5 U.S.C. 5724 and 5724a, which govern the reim- bursement of the relocation expenses of transferred agency employees. We therefore had no alternative but to conclude that 5 U.S.C. 5724 and 5724a have no application to employees of the Postal Service. As you suggested, we have reconsidered our previous decisions in light of the arguments contained in the memo- randum enclosed with your letter of May 23, 1980. However, the fact remains that,!the Act specifically precludes the Postal Service from being considered an executive agency for the purposes of title 5, United States Code., Moreover, neither 39 U.S.C. 1006 nor any other provision of law expressly extends the coverage of 5 U.S.C. 5724 and 5724a to Postal Service employees; on the contrary, coverage is specifically a~nd plainly precluded by 5 U.S.C. 5721. There- fore, in light of the clear statutory language of the Act, we have no basis, in the absence of an amendment to the Act, to reverse or modify our previous decisions. ,,>#, ,,01,6 3 L

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