B-235179, Sep 25, 1989

B-235179: Sep 25, 1989

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CIVILIAN PERSONNEL - Relocation - Residence transaction expenses - Leases - Termination costs - Reimbursement DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. Henrietta Whiteman: The question in this case is whether Ms. May be reimbursed expenses for settlement of an unexpired lease where her IPA assignment was terminated early. We have consistently held that IPA participants are not entitled to reimbursement for such expenses. Whiteman's travel authorization was amended to permit reimbursement for the expenses in question. The amendment was unauthorized by the statute. It is a well-settled rule that the government is not bound by the acts of its agents which go beyond the actual authority conferred upon them by statute.

B-235179, Sep 25, 1989

CIVILIAN PERSONNEL - Relocation - Residence transaction expenses - Leases - Termination costs - Reimbursement DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.

Henrietta Whiteman:

The question in this case is whether Ms. Whiteman, a non-federal employee assigned to a federal agency under the Intergovernmental Personnel Act (IPA), may be reimbursed expenses for settlement of an unexpired lease where her IPA assignment was terminated early. The expenses may not be reimbursed.

The statutory provisions that govern IPA assignments authorize IPA participants reimbursement for certain specific travel and relocation expenses, but do not include within the specified entitlements reimbursement for lease termination expenses. See 5 U.S.C. Sec. 3375. Accordingly, we have consistently held that IPA participants are not entitled to reimbursement for such expenses. Burnell F. Peters, B-193443, June 7, 1979; James D. Broman, B-185810, Nov. 16, 1976; Alan O. Mann, B-183042, Apr. 24, 1975.

Although Ms. Whiteman's travel authorization was amended to permit reimbursement for the expenses in question, the amendment was unauthorized by the statute. It is a well-settled rule that the government is not bound by the acts of its agents which go beyond the actual authority conferred upon them by statute. See, e.g., Dr. Frank A. Peak, 60 Comp.Gen. 71, 74 (1980), and decisions cited.