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B-199123(RCP) 1 (1980-09-22)

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United States General Accounting Office
Washington, DC 20548


Office of
General Counsel


In Reply
Rerer to:


22 1980


Mr. William  E. Fo.ley, Di
Administrative  Office of
   United  States Courts
Washington,  D.C.   20544


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Dear Mr.  Foley:


     We  refer to your  letter dated June 5,  1980,
in which  you request our  opinion as to whether
Mr. Philip  L. Swihart, who  is presently  chief
deputy  clerk to the United  States District  Court
for the  Eastern District  of Missouri, may  be
reimbursed  for travel, transportation  and  relo-
cation  expenses in connection  with his transfer  of
official  itation in April  1978.

     You  indicate that Mr.  Swibart was employed
from  1970 until 1978 as  deputy clerk in chargo  of
the Fort. Wayne divisional  office of the United
States  IJiotrict Court for the Northern District
of Indiana.   in April 1978,  he assumed the  duties
of chief  deputy clerk in  the Eastern District  of
Illinois.   In connection with  this transfer
Mr. Swihart  was authorized  reimbursement of his
expensen  for travel and  transportation of house-
hold goods  and personul effects.   You further
state  that this authorization  was made pursuant  to
5 U.S.C.  § 5724(a) on the  basis that Mr. Swihart
was being  transferred *in the interest of the  Gov-
ernment  from one officiztl station to another  for
permanent  duty.  An requIred  by section 5724(i),
he subsequently  executed  a written agreement  to
remain  in the Govornment  service for 12  ionths
following  the date of his  transfer, unless  separated
for  reasons beyond his control  and that arn  accept-
able  to the agency concerned.   No claim for  the
actual  prtytncmt of trnvel or transportation expenses


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