B-166943, AUG 5, 1974, 54 COMP GEN 87

B-166943, AUG 5, 1974, 54 COMP GEN 87

PRESIDENT'S EXECUTIVE INTERCHANGE PROGRAM - INTERCHANGE EXECUTIVES - TRANSPORTATION AND TRAVEL EXPENSES EMPLOYEES OF THE FEDERAL GOVERNMENT SELECTED TO ENTER THE BUSINESS SECTOR UNDER THE EXECUTIVE INTERCHANGE PROGRAM ESTABLISHED PURSUANT TO EXECUTIVE ORDER 11451, JANUARY 19, 1969, ARE ENTITLED TO TRAVEL AND RELOCATION EXPENSES TO THE LOCATION WHERE THEY ARE TO ENTER PRIVATE EMPLOYMENT UNDER THE PROGRAM ON THE SAME BASIS AND IN THE SAME AMOUNT AS ANY EMPLOYEE TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER IN THE INTERESTS OF THE GOVERNMENT.

IN THE MATTER OF TRAVEL ALLOWANCES UNDER EXECUTIVE INTERCHANGE PROGRAM, AUGUST 5, 1974:

A DECISION HAS BEEN REQUESTED AS TO THE TRAVEL ALLOWANCES THAT MAY PROPERLY BE PAID TO A GOVERNMENT EMPLOYEE ENTERING THE BUSINESS SECTOR FROM A POSITION IN THE FEDERAL GOVERNMENT UNDER THE EXECUTIVE INTERCHANGE PROGRAM ESTABLISHED PURSUANT TO EXECUTIVE ORDER 11451, DATED JANUARY 19, 1969.

IN THE REQUEST FOR DECISION IT IS POINTED OUT THAT ALTHOUGH EXECUTIVE ORDER 11451 MAKES NO PROVISION FOR THE TRAVEL ALLOWANCES AVAILABLE TO FEDERAL SELECTEES UNDER THE PROGRAM, THE OPERATING MANUAL OF THE EXECUTIVE INTERCHANGE PROGRAM PROVIDES THAT THE TRAVEL AND RELOCATION EXPENSES PAYABLE TO AN EMPLOYEE SELECTED FROM THE FEDERAL SECTOR "ARE PAYABLE ON THE SAME BASIS AND IN THE SAME AMOUNT AS IN THE CASE OF ANY GOVERNMENT EMPLOYEE TRANSFERRED IN THE INTEREST OF THE GOVERNMENT FROM ONE OFFICIAL STATION TO ANOTHER." HOWEVER, THE REQUEST ALSO NOTES THAT IN OUR DECISION OF FEBRUARY 16, 1971, B-166943, WE STATED THAT A TRANSFER UNDER THE PROGRAM IS A PART OF AN EMPLOYEE'S GOVERNMENT CAREER AND AIDS HIS CAREER DEVELOPMENT, THUS CONVEYING THE IMPRESSION THAT THE PROGRAM SHOULD BE SUBJECT TO THE PROVISIONS OF CHAPTER 41 OF TITLE 5, U.S. CODE, PERTAINING TO TRAINING PROGRAMS. TRAVEL ALLOWANCES PAYABLE TO EMPLOYEES IN TRAINING PROGRAMS ARE LIMITED TO THOSE SPECIFIED IN 5 U.S.C. 4109. THEREFORE, OUR DECISION HAS BEEN REQUESTED AS TO WHICH OF THE FOLLOWING TRAVEL AND RELOCATION ALLOWANCES ARE APPROPRIATE FOR EMPLOYEES ASSIGNED UNDER THAT PROGRAM:

THOSE PROVIDED BY 5 U.S.C. 4109 WHICH ARE TRAVEL AND PER DIEM AS IF ON TEMPORARY DUTY, OR TRANSPORTATION OF IMMEDIATE FAMILY, HOUSEHOLD GOODS AND PERSONAL EFFECTS, PACKING, TEMPORARILY STORING, DRAYING AND UNPACKING WHEN THE ESTIMATED COSTS OF TRANSPORTATION AND RELATED SERVICES ARE LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING.

THOSE PROVIDED BY THE FEDERAL TRAVEL REGULATIONS, FPMR 101-7, CHAPTER 2, RELOCATION ALLOWANCES AS THEY APPLY TO TRANSFEREES, WHICH ARE HOUSE HUNTING TRIPS AND/OR ACTUAL SUBSISTENCE FOR TEMPORARY QUARTERS, PER DIEM FOR SELF AND IMMEDIATE FAMILY DURING TRAVEL, MILEAGE OR TRANSPORTATION FOR SELF AND IMMEDIATE FAMILY, RESIDENCE TRANSACTIONS, MISCELLANEOUS EXPENSES AND TRANSPORTATION AND STORAGE OF HOUSEHOLD GOODS.

UNDER EXECUTIVE ORDER 11451 THE PRESIDENT'S COMMISSION ON PERSONNEL INTERCHANGE WAS CREATED FOR THE PURPOSE OF DEVELOPING AN EXECUTIVE INTERCHANGE PROGRAM AND GIVEN THE RESPONSIBILITY FOR ESTABLISHING THE OPERATING PROCEDURES FOR THE PROGRAM. THE OPERATING MANUAL OF THE EXECUTIVE INTERCHANGE PROGRAM ISSUED BY THAT COMMISSION SETS FORTH THE METHODS AND PROCEDURES BY WHICH INTERCHANGES ARE TO BE EFFECTED BETWEEN THE PUBLIC AND PRIVATE SECTORS. REGARDING CONDITIONS OF EMPLOYMENT FOR GOVERNMENT PARTICIPANTS ENTERING THE BUSINESS SECTOR, THE MANUAL PROVIDES AS TO RELOCATION EXPENSES:

2. RELOCATION EXPENSES - RELOCATION EXPENSES FOR ACTUAL PARTICIPATION IN THE PROGRAM WILL BE PROVIDED IN SUCH A MANNER THAT THE GOVERNMENT-SECTOR SELECTEE WILL BE TRANSFERRED FROM THE LOCATION WHERE HE IS CURRENTLY EMPLOYED TO THE LOCATION WHERE HE WILL GO ON LEAVE WITHOUT PAY FROM HIS GOVERNMENT POSITION AND ENTER THE PRIVATE EMPLOYMENT UNDER THE PROGRAM. AS THE PURPOSE OF THE TRANSFER IS A VALID GOVERNMENTAL ONE (TO FURTHER THE PRESIDENT'S INTERCHANGE PROGRAM AND TO DEVELOP THE EXECUTIVE POTENTIAL OF GOVERNMENT-SECTOR SELECTEES), THE GOVERNMENT AGENCY CONCERNED WILL BE JUSTIFIED UNDER THE LAW IN PAYING THE TRAVEL AND RELOCATION EXPENSES. THE TRAVEL AND RELOCATION EXPENSES ARE PAYABLE ON THE SAME BASIS AND IN THE SAME AMOUNT AS IN THE CAST OF ANY GOVERNMENT EMPLOYEE TRANSFERRED IN THE INTEREST OF THE GOVERNMENT FROM ONE OFFICIAL STATION TO ANOTHER. WHEN THE GOVERNMENT SECTOR PARTICIPANT'S PERIOD OF PRIVATE EMPLOYMENT IS ENDED, HE RESUMES ACTIVE DUTY STATUS AS A GOVERNMENT EMPLOYEE AT THE LOCATION WHERE HE HELD PRIVATE EMPLOYMENT AND THE GOVERNMENT AGENCY WILL THEN TRANSFER HIM FROM THAT LOCATION TO THE LOCATION WHERE HIS FUTURE GOVERNMENT SERVICES ARE NEEDED. THE GOVERNMENT AGENCY IN WHICH HE IS EMPLOYED WILL PAY THE COST OF THAT TRANSFER.

PARTICIPANTS WHO HAVE NOT PREVIOUSLY CHANGED DUTY STATION UNDER GOVERNMENT ORDERS SHOULD BECOME THOROUGHLY FAMILIAR WITH THE REGULATIONS WHICH APPLY IN THIS SITUATION. IT SHOULD BE NOTED THAT IN GENERAL, GOVERNMENT TRAVEL AND RELOCATION EXPENSE ALLOWANCES ARE QUITE LIBERAL, BUT THERE ARE SOME EXPENSES WHICH MAY BE INCURRED AND WHICH WILL NOT BE PAID BY THE GOVERNMENT (E.G., THE BROKER'S FEE FOR LEASING A HOME). SUCH EXPENSES SHOULD BE CONSIDERED BY THE PARTICIPANT PRIOR TO ACCEPTANCE OF A TEMPORARY POSITION IN PRIVATE INDUSTRY.

THE CITED SECTION STATES THAT AN EMPLOYEE RELOCATED IN CONNECTION WITH AN EXECUTIVE INTERCHANGE ASSIGNMENT IS ENTITLED TO TRAVEL AND RELOCATION EXPENSES "ON THE SAME BASIS AND IN THE SAME AMOUNT" AS ANY GOVERNMENT EMPLOYEE TRANSFERRED IN THE INTEREST OF THE GOVERNMENT. ALSO, THE NON- ALLOWABLE EXPENSE CITED (THE BROKER'S FEE FOR LEASING A HOME) IS NOT PAYABLE BECAUSE IT IS NOT AUTHORIZED BY THE STATUTORY REGULATIONS COVERING EMPLOYEES' RELOCATION ALLOWANCES UPON TRANSFER. SEE 46 COMP. GEN. 705 (1967); B-179079, NOVEMBER 13, 1973. THE SECTION DOES NOT PURPORT TO LIMIT ALLOWABLE EXPENSES TO THOSE AUTHORIZED BY 5 U.S.C. 4109. MOREOVER, WHILE TRANSFERS UNDER THE PROGRAM AID EMPLOYEES' CAREER DEVELOPMENT, THE PRIMARY PURPOSE OF THE INTERCHANGES IS TO PROVIDE OUTSTANDING CAREER PEOPLE IN BUSINESS AND GOVERNMENT WITH MANAGEMENT OPERATING EXPOSURE TO THE PHILOSOPHIES, PRACTICES, DISCIPLINES, PROBLEMS, AND OBJECTIVES OF THE OTHER ARENAS. THE APPOINTMENTS ARE EXPECTED NOT ONLY TO IMPROVE EXECUTIVE PERFORMANCE, BUT ALSO TO FOSTER COOPERATIVE ACTION BETWEEN GOVERNMENT AND INDUSTRY, OPEN BOTH SECTORS TO FRESH THINKING ON PROBLEMS AND PROGRAMS, ETC. IN VIEW OF THESE FACTORS WE BELIEVE THE INTERCHANGES RESULT PRIMARILY IN WORK ASSIGNMENTS RATHER THAN TRAINING ASSIGNMENTS.

THEREFORE, IT IS OUR OPINION THAT EMPLOYEES RELOCATED UNDER THE EXECUTIVE INTERCHANGE PROGRAM ARE ENTITLED TO THOSE TRAVEL AND RELOCATION ALLOWANCES AUTHORIZED GENERALLY TO EMPLOYEES TRANSFERRED IN THE INTEREST OF THE GOVERNMENT AS SET FORTH IN CHAPTER 2 OF THE FEDERAL TRAVEL REGULATIONS.