60110500

Office of the General Counsel

OPM Ref. # 1996-01105

Dear Mr. [xxx]:

We have considered your March 21, 1996 letter appealing the General Accounting Offices (GAO) settlement letter, Z-2869920, March 7, 1996, which denied your claim for $35,000 for services provided to the [agency]. For the reasons stated below, we may not review the settlement letter.

Pursuant to Pub. L. 104-53, 109 Stat. 535, the GAOs authority to settle claims was transferred to the Director of the Office of Management and Budget. In two subsequent determination orders, dated June 28, 1996 and December 17, 1996, the Director delegated this authority to different federal entities based on subject matter. Claims involving federal employees compensation and leave were delegated to the Office of Personnel Management, claims involving travel and relocation were delegated to the General Services Administration, and claims involving uniformed military members were delegated to the Department of Defense. The authority to settle any residual claims outside of these categories was delegated to the head of the agency out of whose activity the claim arose.

Although you were summoned to testify regarding events that took place during your tenure as a federal employee, you are not claiming compensation as a federal employee, but rather as a former employee who provided services to the government after separating from the federal service. Therefore, your claim does not fall within the subject area delegated to this Office, nor does it appear to fall within either of the other two categories of claims described above. Therefore, under the determination orders cited above, the decision of the head of the agency out of whose activity the claim arose--in this case, the [agency]--is final and conclusive.

Accordingly, your appeal is dismissed.

Very Truly Yours,

Paul Britner
Attorney-Advisor