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B-197366 1 (1980-04-28)

handle is hein.gao/gaobadifm0001 and id is 1 raw text is: t. /35711k ' - jk c~ ~ -~ ~) THE COMPTROLLER OENERAL OF TH~E UNITED STATES WASH iNGTO N, 0. C. 205483 -197366 DATE: April 28, 1980 Charles W. Miller al Estate Expenses Loan Origination FeeJ Employee may not be reimbursed loan origination fee incurred incident to purchasing a house since fee is finance charge within the meaning of Regulation Z, 12 C. F. R. § 226. 4(a)(2) (1979); therefore, it is not a reimbursable item under paragraph 2-6. 2d of the Federal Travel Regulations. This action is in response to a request dated January 3, 1980, from an authorized certifying officer of the Federal Mediation po and Conciliation Service, regarding the propriety of certifying 1for payment a reclaim voucher in the amount of $567. 20 in favor of Mr. Charles W. -Miller, an employee of the Service. The reclaim voucher represents a loan origination fee incurred for the purchase of a residence in Perrysburg, Ohio, pursuant to a permanent change of station from Columbus, Ohio. Mr. Miller's claim was denied by the Federal Mediation and Conciliation Service on the basis of Comptroller General decision B-178235, May 7, 1973, which held that a loan origination charge was no longer a reimbursable item under authority of the Federal Travel Regulations. Authority to reimburse a Government employee to the extent considered 'necessary and appropriate'' for all or a part of the expenses incurred in connection with the purchase of a residence upon official transfer of station is found in section 5724a(a)(4) of title 5, United States Code (1976). Power to prescribe regulations implementing the above statute is given to the President. The President delegated his function under the statute to the Adminis- trator of the General Services Administration (GSA) by Executive Order No. 11609, July 22, 1971. The governing regulations pro- mulgated by the GSA are contained in hater 2, art 6, of the Federal T s (F MR 101-7) (May 1973). Paragraph 2-6. 2d of the FTR, which defines which miscellaneous expenses are reimbursable in connection with the purchase and sale of residences provides in pertinent part that: FILE: B MATTER OF DIGEST: I . , _ 10 DEC I Fj_ to N

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