A-43523, JULY 28, 1932, 12 COMP. GEN. 131

A-43523: Jul 28, 1932

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WILL BE ALLOWED FOR EACH SIX HOURS' ABSENCE. EXCEPT THAT NO PER DIEM WILL BE ALLOWED FOR ABSENCES WHOLLY BETWEEN THE HOURS OF 8 A.M. ATTENTION IS ALSO INVITED TO THE EXECUTIVE ORDER OF JUNE 30. IT IS OUR UNDERSTANDING THAT THE SPECIAL COMMITTEE ON UNIFORM TRAVEL REGULATIONS. WHICH IS COMPOSED OF ONE REPRESENTATIVE FROM EACH DEPARTMENT OF THE GOVERNMENT. PROVIDED THAT NOT MORE THAN ONE FULL PER DIEM WILL BE ALLOWED WHERE THE ABSENCE IS LESS THAN TWENTY-FOUR HOURS. FURTHER THAT NO PER DIEM WILL BE ALLOWED WHEN THE DEPARTURE IS AFTER 8 A.M. THE RETURN ON THE SAME DAY IS PRIOR TO 6 P.M. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER. IT IS THE ONLY PROVISION NOW IN THE REGULATIONS FOR MEASURING THE AMOUNT OF PER DIEM TO BE ALLOWED FOR FRACTIONAL DAYS AND WILL.

A-43523, JULY 28, 1932, 12 COMP. GEN. 131

ECONOMY ACT - SUBSISTENCE, PER DIEM - FRACTIONAL DAYS PENDING REVISION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ONE- FOURTH OF THE PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE PRESCRIBED IN ACCORDANCE WITH SECTION 207 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, WILL BE ALLOWED FOR EACH SIX HOURS' ABSENCE, OR FRACTION THEREOF, BEGINNING WITH THE HOUR OF DEPARTURE, EXCEPT THAT NO PER DIEM WILL BE ALLOWED FOR ABSENCES WHOLLY BETWEEN THE HOURS OF 8 A.M. AND 6 P.M.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JULY 28, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 20, 1932, AS FOLLOWS:

PRIOR TO JUNE 30, 1932, THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDED THAT THE PER DIEM IN LIEU OF SUBSISTENCE WOULD BE PAYABLE AT THE RATE OF ONE-FOURTH OF THE AUTHORIZED RATE FOR EACH PERIOD OF SIX HOURS OR FRACTION THEREON (PARAGRAPH 66). HOWEVER, PARAGRAPH 45-A OF THE REGULATIONS RESTRICTED SUCH ALLOWANCE TO ABSENCES OF MORE THAN ONE DAY.

SECTION 207 OF THE ECONOMY ACT REDUCES THE PER DIEM ALLOWANCES TO $5.00 AND ELIMINATES ALL PAYMENTS ON AN ACTUAL EXPENSE BASIS. IN THIS CONNECTION, ATTENTION IS ALSO INVITED TO THE EXECUTIVE ORDER OF JUNE 30, 1932.

WITH A VIEW TO AMENDING THE REGULATIONS IN ORDER TO COMPLY WITH SECTION 207, SUPRA, IT IS OUR UNDERSTANDING THAT THE SPECIAL COMMITTEE ON UNIFORM TRAVEL REGULATIONS, WHICH IS COMPOSED OF ONE REPRESENTATIVE FROM EACH DEPARTMENT OF THE GOVERNMENT, HAS ALREADY RECOMMENDED TO THE BUREAU OF THE BUDGET, THROUGH THE FEDERAL TRAFFIC BOARD, THAT THE RESTRICTION CONTAINED IN PARAGRAPH 45-A OF THE REGULATIONS BE REMOVED BY ELIMINATING THE ENTIRE PARAGRAPH AND THAT PARAGRAPH 66 BE AMENDED TO PROVIDE FOR FRACTIONAL PER DIEMS FOR EACH PERIOD COVERING ABSENCES OF SIX HOURS OR FRACTIONAL PARTS THEREOF, PROVIDED THAT NOT MORE THAN ONE FULL PER DIEM WILL BE ALLOWED WHERE THE ABSENCE IS LESS THAN TWENTY-FOUR HOURS, AND FURTHER THAT NO PER DIEM WILL BE ALLOWED WHEN THE DEPARTURE IS AFTER 8 A.M. AND THE RETURN ON THE SAME DAY IS PRIOR TO 6 P.M.

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER, AS AN EMERGENCY MEASURE PENDING THE PROMULGATION OF THE NEW REGULATIONS, FRACTIONAL PER DIEMS MAY BE ALLOWED FOR PERIODS OF ABSENCE OF LESS THAN TWENTY-FOUR HOURS, IN CONNECTION WITH NECESSARY TRAVEL ON OFFICIAL BUSINESS, SUBJECT, OF COURSE, TO THE CONDITIONS ABOVE REFERRED TO.

WHILE PARAGRAPH 66 OF THE PRESENT EDITION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS CONTEMPLATED FRACTIONAL DAYS AT THE BEGINNING AND ENDING OF LONGER PERIODS OF TRAVEL, IT IS THE ONLY PROVISION NOW IN THE REGULATIONS FOR MEASURING THE AMOUNT OF PER DIEM TO BE ALLOWED FOR FRACTIONAL DAYS AND WILL, THEREFORE, PENDING REVISION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, BE APPLIED TO ALL FRACTIONAL DAY'S ABSENCES SUFFICIENT TO CONSTITUTE A TRAVEL STATUS ON AND AFTER JULY 1, 1932. HOWEVER, WHERE THE ABSENCE IS LESS THAN 24 HOURS THE DAY WILL BE REGARDED AS BEGINNING WITH HOUR OF DEPARTURE. SEE A-43469, JULY 23, 1932, 12 COMP. GEN. 107, TO THE SECRETARY OF THE TREASURY. ABSENCES CONFINED BETWEEN THE HOURS OF 8 A.M. AND 6 P.M. DO NOT CONSTITUTE A TRAVEL STATUS. 5 COMP. GEN. 100, 128, 449.