95-17221. Payment of Claims Under the Military Personnel and Civilian Employees' Claims Act to HUD Oklahoma City Office Employees and their Survivors for Damage to, or loss of, Motor Vehicles as a Result of the Bombing of the Alfred P. Murrah ...

[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Notices]
[Page 36154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17221]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary
[Docket No. FR-3923-N01]


Payment of Claims Under the Military Personnel and Civilian 
Employees' Claims Act to HUD Oklahoma City Office Employees and their 
Survivors for Damage to, or loss of, Motor Vehicles as a Result of the 
Bombing of the Alfred P. Murrah Federal Building

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of waiver.

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SUMMARY: This Notice announces a waiver, granted by the Secretary, of 
HUD's regulation at 24 CFR 17.44(d)(1). This section precludes payment 
by HUD of claims under the Military Personnel and Civilian Employees' 
Claims Act of 1964, 31 U.S.C. 3721 et seq. (``the Act'') for damages to 
an employee-owned automobile used for travel to and from his/her duty 
station unless there had been prior specific authorization from the 
employee's supervisor that use of the automobile was advantageous to 
the Government. This waiver is for the purpose of facilitating payment 
to HUD employees and their survivors whose automobiles were damaged as 
a result of the bombing of the Alfred P. Murrah Federal Building in 
Oklahoma City.
    The Act authorizes Executive Branch agencies to pay up to $40,000 
to settle claims of agency employees for service related damages or 
destruction of personal property. The statute provides agency heads 
with discretion to make such payments and requires a determination that 
the possession of the property was reasonable or useful under the 
circumstances. HUD's regulation implementing the Act at 24 CFR 
17.44(d)(1) prohibits payment of claims for damage to, or loss of, 
automobiles and motor vehicles used to travel from quarters to the 
office unless there has been specific prior authorization from the 
employee's supervisor that use of the vehicle was advantageous to the 
Government. The regulatory restriction is intended to preclude the 
payment of claims for damages incurred while commuting. However, under 
the circumstances surrounding the tragic bombing of the Alfred P. 
Murrah Federal Building in Oklahoma City, the regulation acts 
inadvertently and unreasonably to preclude the payment of claims to 
employees, and their survivors, for damage to, or loss of, their 
automobiles caused by the explosion.
    Accordingly, the Secretary has determined that HUD's regulation 
presents an impediment to effectuating the remedial purpose of the Act 
and hereby waives the prior authorization provisions of 24 CFR 
17.44(d)(1).

    Dated: June 30, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-17221 Filed 7-12-95; 8:45 am]
BILLING CODE 4210-32-M