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B-193443 1 (1979-06-07)

handle is hein.gao/gaobadhhf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20546 # FILE: B-193443 DATE: June 7, 1979 MATTER OF: Burnell F. Peters - Relocation Expenses J[11/i0/k1a Settlement of Unexpired Lease DIGEST: Employee of HEW assigned to state education agency under Intergovernmental Personnel Act (IPA) may not be reimbursed for unexpired lease expense because 5 U.S. C. § 3375, enumerating authorized relocation expenses incident to IPA assignments, does not include such an expense. Since such authority is limited by statute, fact that agency terminated Assignment Agreement 1 year earlier than stated has no effect on employee's entitlement. The Department of Health, Education, and Welfare (HEW) requests a decision as to whether Mr. Burnell F. Peters, an employee of the Department, may be reimbursed $555 for settlement of a lease in connection with the termination of an Intergovernmental Personnel Act (IPA) assignment. The record shows that Mr. Peters was assigned to a detail with the Texas Education Agency, Austin, Texas, from his permanent station with HEW, in Dallas, Texas, under the pro- visions of the IPA of 1970, as amended, 5 U.S. C. §§ 3371-3376 (1976). In accordance with the IPA, HEW and Mr. Peters executed an Assignment Agreement covering a 2-year period from July 1, 1975, to July 1, 1977. The assignment was later extended by HEW for an additional 2 years under the provisions of 5 U. S. C. § 3372(a) (1976). However, the assignment was terminated by HEW on June 30, 1978, 1 year earlier than agreed upon, so that Mr. Peters could be returned to his Dallas office for reassignment. The agency states that it denied Mr. Peters' claim for $555 incurred in settling an unexpired lease because there is no authority under the IPA agreement for such payment. Mr. Peters states that HEW caused the unexpired lease expense by its early termination of the Assignment Agreement. He states that HEW Instruction 334-1 does not clearly provide for housing-related expenses in an IPA change of station but he says that:

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