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B-203750 1 (1981-08-07)

handle is hein.gao/gaobabkdq0001 and id is 1 raw text is: ' OMPROLLER GENERAL OF THE UNITD STES WASHINGTON D.C. 20548 In reply refer to: B-203750 August 7, 1981 The Honorable David A. Stockman, Director Office of Management and Budget 1700 Pennsylvania Avenue N.W. Washington D.C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Stockman: This action is in response to your legislative referral memorandum of July 8, 1981, in which you request our views on the Department of Labor's private relief bills for the relief of Messrs. Jack C. Kean, Roy H. Redmond, Gregory B. Dymond, Samuel K. Gibbons, and James L. Nichols. This legislation would relieve these individuals from debts owed the United States representing overpayments of travel and relocation expenses arising from their transfers from the United States Postal Service to the Department of-Labor. These individuals incurred relocation expenses on the basis of assurances that they would be paid by the Department of Labor. However, after payment was made, the Department determined that authority for payment of such expenses did not exist and notified those individuals that they were indebted to the United States for the amounts erroneously paid. We concur with the Department's determination of indebtedness, and in light of the fact that the debts are not subject to waiver, compromise or termination, we have no objection to the proposed private relief bills. As the Department has noted, this Office has held that an employee who transfers from the Postal Service to an Executive agency is not eligible for reimbursement of relocation expenses. Matter of James A. Schultz, 59 Comp. Gen. 28 (1979); Matter of Postal Service Employees, 58 Comp. Gen. 132 (1978). That rule is predicated upon our construction of 5 U.S.C. 104, as amended, which excludes the Postal Service from the definition of Executive agency. As a result, the status of employees transferring from the Postal Service to Executive agencies is analogous to that of new appointees who are not eligible for reimbursement of travel, transportation, and relocation expenses under 5 U.S.C. 5724 and 5724a. - s- efe' / 4 r l i: t, Os' z //L.. /

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