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B-197495 1 (1980-03-18)

handle is hein.gao/gaobadicc0001 and id is 1 raw text is: H DECISION FILE: B-197495 MATTER OF: DIGEST: THE COMPTROLLER GENERAL . OF THE UNITED STATES VWASHINGTON, 0.C. 20548 DATE: March 18, 1980 Stephen E. Goldberg - relocation expenses - waiver authority - Federal Reserve Bank (1) Employee of Federal Reserve Bank of Boston transferred to position with Federal Election Commission in Washington, D.C., and was authorized and reimbursed relocation expenses under 5 U.S.C. H 5724 and 5724a. Amount reimbursed represents. erroneous payment of relocation expenses. Employee is not entitled to relocation expenses under 5 U.S.C. §§ 5724 and 5724a'since those sections restrict reim- bursement to an employee of an agency and Federal Reserve Bank of Boston is not an agency as defined in 5 U.S.C. § 5721(1) and 5 U.S.C. § 105. Thus employee who transfers from the Federal Reserve Bank of Boston is not eligible for relocation expenses under 5 U.S.C. §9 5724 and 5724a. (2) Employee of Federal Reserve Bank of Boston was erroneously authorized and reimbursed for relocation expenses in connection with his transfer to the Federal Election Commission. Amount erroneously paid represents valid debt due the account of the United States which must be repaid since overpayment of relocation expenses may not be waived under 5 U.S.C. § 5584; there is no basis for compromise or termination of collection action under Federal Claims Col- lection Act; and Government cannot be bound beyond actual authority conferred upon its agents by statutes or regulations. See cases cited. This decision is rendered in response to a submission by Mr. Robert N. Baker, an authorized certifying officer of the Federal Election Commission (FEC), concerning thepropriety of reimburswoi't for relocation expenses in connection with his appointment with the FEC on May 7, 1979. For te reasons stated below We conclude that the total amount reimbursed to Mr. Goldberg for travel, transportation, and relocation expenses is an erroneous overpayment that constitutes a debt which Mr. Goldberg owes to the account of the United States. g aoaw- Z / _11J_ `7 7

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