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B-202402 1 (1981-11-05)

handle is hein.gao/gaobadjwc0001 and id is 1 raw text is: DECISION FILE: B-202402 THE COMPTROLLER OENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: November 5, 1981 MATTER OF: C. Curtis Johnson - Reimbursement for Real Estate Expenses DIGEST: Initial 1-year period allowed by Federal Travel Regulations (FTR) for completion of sale of employee's former residence was ex- tended for additional period of 1 year as provided by FTR. Even in-presence of exten- uating circumstances, no further extension of time for completion of sale may be granted since FTR issued by Administrator, General Services Administration have force and effect of law, and may not be waived by any department of Government in individual case. This decision is in response to a request for an advance decision by Mr. Kevin E. McNiff, Director, Financial Division, Department of Energy (DOE), Strategic Petroleum Reserve Project Management Office, New Orleans, Louisiana. The issue presented is whether the time limitation contained in paragraph 2-6.1e of the Federal Travel Regulations (FTR) (FPMR 101-7, May 1973) for the completion of the sale of an employee's former residence may be extended for a second time. For-the following reasons, we hold that it may not be so extended. Mr. C. Curtis Johnson was hired by DOE on February 12, 1979, to work in the office mentioned above. Prior to his employment by DOE, Mr. Johnson had been em- ployed by the National Aeronautics and Space Administra- tion. When his residence had not been sold by February 1980, he sought and obtained a 1-year extension of the initial time limit of 1-year prescribed in his agency's travel regulations. He has made several attempts to sell his former residence, but without success. On February 3, 1981, he applied for a second 1-year extension of the time limit for the completion of the sale of his former residence, and presented several reasons why, despite his efforts, his former residence remains unsold. In addition, the Director, Financial Division has stated that the responsibilities of Mr. Johnson's work at DOE placed severe constraints on the time which he could have used for selling his former residence.

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