B-201704, B-202015, NOV 4, 1981
B-201704,B-202015: Nov 4, 1981
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WHICHEVER IS DETERMINED MORE APPROPRIATE BY THE EMPLOYING FEDERAL AGENCY. EXECUTIVE EXCHANGE PROGRAM - TRAVEL OR RELOCATION EXPENSES: THE ISSUE IN THIS DECISION IS THE ENTITLEMENT OF A FEDERAL EMPLOYEE TO EXPENSES INCIDENT TO A TEMPORARY DUTY ASSIGNMENT IN CONNECTION WITH HIS PARTICIPATION IN THE EXECUTIVE EXCHANGE PROGRAM. THIS DECISION IS IN RESPONSE TO TWO SEPARATE REQUESTS FROM THE DEPARTMENT OF EDUCATION AND FROM THE PER DIEM. THE REQUESTS HAVE BEEN COMBINED INTO ONE DECISION SINCE THE QUESTIONS PRESENTED ARE IDENTICAL. HE IS UNWILLING TO RELOCATE HIS FAMILY. SEEKS REIMBURSEMENT FOR MILEAGE AND PER DIEM AS IF THIS WERE A TEMPORARY DUTY ASSIGNMENT. WHICHEVER IS DETERMINED MORE APPROPRIATE BY THE EMPLOYING FEDERAL AGENCY.
B-201704, B-202015, NOV 4, 1981
DIGEST: FEDERAL EMPLOYEES ASSIGNED TO EXECUTIVE EXCHANGE PROGRAM MAY BE AUTHORIZED RELOCATION EXPENSES OR TRAVEL EXPENSES NOT TO EXCEED SUCH RELOCATION EXPENSES, WHICHEVER IS DETERMINED MORE APPROPRIATE BY THE EMPLOYING FEDERAL AGENCY. B-166943, JULY 14, 1981 (60 COMP.GEN. ). SINCE PRIOR DECISION CLARIFIES EXISTING AUTHORITY, IT MAY BE GIVEN RETROACTIVE EFFECT.
EXECUTIVE EXCHANGE PROGRAM - TRAVEL OR RELOCATION EXPENSES:
THE ISSUE IN THIS DECISION IS THE ENTITLEMENT OF A FEDERAL EMPLOYEE TO EXPENSES INCIDENT TO A TEMPORARY DUTY ASSIGNMENT IN CONNECTION WITH HIS PARTICIPATION IN THE EXECUTIVE EXCHANGE PROGRAM. WE HOLD THAT THE EMPLOYEE MAY BE REIMBURSED THESE EXPENSES IN LIEU OF REIMBURSEMENT FOR RELOCATION EXPENSES SO LONG AS REIMBURSEMENT FOR MILEAGE AND/OR PER DIEM DOES NOT EXCEED THE COST OF RELOCATION EXPENSES.
THIS DECISION IS IN RESPONSE TO TWO SEPARATE REQUESTS FROM THE DEPARTMENT OF EDUCATION AND FROM THE PER DIEM, TRAVEL, AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 81-1). THE REQUESTS HAVE BEEN COMBINED INTO ONE DECISION SINCE THE QUESTIONS PRESENTED ARE IDENTICAL.
THE REQUEST FROM EDUCATION STATES THAT MR. RONALD S. PUGSLEY HAS BEEN ASSIGNED TO THE GENERAL ELECTRIC CORPORATION IN FAIRFIELD, CONNECTICUT, FOR A PERIOD OF 11 MONTHS. FOR PERSONAL REASONS, HE IS UNWILLING TO RELOCATE HIS FAMILY, AND HE WISHES TO MAINTAIN TWO RESIDENCES (CONNECTICUT AND WASHINGTON, D. C.) DURING THIS ASSIGNMENT. HE, THEREFORE, SEEKS REIMBURSEMENT FOR MILEAGE AND PER DIEM AS IF THIS WERE A TEMPORARY DUTY ASSIGNMENT.
THE REQUEST FROM THE PER DIEM COMMITTEE STATES THAT A NAVY EMPLOYEE HAS BEEN ASSIGNED TO AN EMPLOYER LOCATED 69 MILES FROM HIS RESIDENCE. IN VIEW OF THE HIGH INTEREST RATES AND THE DIFFICULTIES IN SELLING AND BUYING A HOME, THE EMPLOYEE HAS CHOSEN TO COMMUTE DAILY TO THE ASSIGNMENT. THE REQUEST STATES THAT THE ESTIMATED MILEAGE EXPENSE WOULD BE LESS THAN ONE- HALF THE ESTIMATED EXPENSES FOR TWO PERMANENT CHANGE OF DUTY STATIONS.
RECENTLY, WE HELD THAT PARTICIPANTS IN THE EXECUTIVE EXCHANGE PROGRAM ESTABLISHED UNDER EXECUTIVE ORDER NO. 11451, JANUARY 19, 1969, AS AMENDED BY EXECUTIVE ORDER NO. 12136, MAY 15, 1979, MAY BE AUTHORIZED RELOCATION EXPENSES OR TRAVEL EXPENSES NOT TO EXCEED SUCH RELOCATION EXPENSES, WHICHEVER IS DETERMINED MORE APPROPRIATE BY THE EMPLOYING FEDERAL AGENCY. B-166943, JULY 14, 1981 (60 COMP.GEN. ). OUR DECISION CONSTITUTED A CLARIFICATION OF A PRIOR DECISION IN 54 COMP.GEN. 87 (1974) HOLDING THAT PARTICIPANTS IN THIS PROGRAM WERE ENTITLED TO RELOCATION EXPENSES.
THE FACTUAL CIRCUMSTANCES OF THE TWO EMPLOYEES FROM NAVY AND EDUCATION WERE SET FORTH IN OUR RECENT DECISION. SINCE OUR RECENT DECISION IS AN INTERPRETATION OF EXISTING AUTHORITY CONCERNING THE ENTITLEMENTS OF EMPLOYEES PARTICIPATING IN THIS PROGRAM, WE BELIEVE IT MAY BE GIVEN RETROACTIVE EFFECT. B-166943, JULY 14, 1981, CLARIFIED. ACCORDINGLY, WE CONCLUDE THAT THESE TWO EMPLOYEES FROM THE NAVY AND EDUCATION MAY BE REIMBURSED FOR MILEAGE AND/OR PER DIEM CONSISTENT WITH OUR RECENT DECISION.
Oct 17, 2018
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BTAS, Inc.; Innovative Technologies, Inc.
We deny the protests.
B-415810.4,B-415810.5,B-415810.6,B-415810.7,B-415810.8
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