A-98902, NOVEMBER 5, 1938, 18 COMP. GEN. 423

A-98902: Nov 5, 1938

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SUBSISTENCE - TRAVEL STATUS - DETERMINATION OF HEADQUARTERS - TIME VERSUS NATURE OF DUTIES AND FACTS AS TO DUTY STATUS THERE IS NO HARD AND FAST RULE AS TO THE LENGTH OF TIME DURING WHICH EMPLOYEES MAY BE ENTITLED TO SUBSISTENCE AT A PARTICULAR PLACE AS FOR "TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY" UNDER ACT OF JUNE 3. IS ESSENTIALLY OF A TEMPORARY NATURE WITH NO INTENTION THAT THE EMPLOYEE SHALL REMAIN THERE PERMANENTLY AND HE RETURNS TO HIS FORMER STATION UPON THE COMPLETION OF SUCH DUTIES. IS AS FOLLOWS: WE SHOULD APPRECIATE AN EXPRESSION OF OPINION FROM YOU AS TO CONTINUED PAYMENT OF PER DIEM UNDER THE FOLLOWING STATEMENT OF FACT. WAS ON JULY 30TH ORDERED TO CHICAGO FOR THE PURPOSES OF ESTABLISHING A BRANCH OFFICE AND TRAINING NEW PERSONNEL FOR THAT OFFICE.

A-98902, NOVEMBER 5, 1938, 18 COMP. GEN. 423

SUBSISTENCE - TRAVEL STATUS - DETERMINATION OF HEADQUARTERS - TIME VERSUS NATURE OF DUTIES AND FACTS AS TO DUTY STATUS THERE IS NO HARD AND FAST RULE AS TO THE LENGTH OF TIME DURING WHICH EMPLOYEES MAY BE ENTITLED TO SUBSISTENCE AT A PARTICULAR PLACE AS FOR "TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY" UNDER ACT OF JUNE 3, 1926, AS AMENDED, 47 STAT. 405, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, IT BEING DEPENDENT NOT SO MUCH ON THE LENGTH OF TIME AS UPON THE NATURE OF THE DUTIES AND WHETHER, AS A MATTER OF FACT, THAT PLACE CONSTITUTES THE PERMANENT DUTY STATION OR A TEMPORARY ASSIGNMENT. IF THE DUTY OF AN ELECTRIC HOME AND FARM AUTHORITY EMPLOYEE IN THE ESTABLISHING OF A BRANCH OFFICE AND THE TRAINING OF OFFICE PERSONNEL, ETC., IS ESSENTIALLY OF A TEMPORARY NATURE WITH NO INTENTION THAT THE EMPLOYEE SHALL REMAIN THERE PERMANENTLY AND HE RETURNS TO HIS FORMER STATION UPON THE COMPLETION OF SUCH DUTIES, HE MAY BE PAID PER DIEM IN LIEU OF SUBSISTENCE UNDER THE ACT OF JUNE 3, 1926, AS AMENDED, 47 STAT. 405, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS DURING HIS TEMPORARY DUTY AT THAT PLACE AT SUCH RATES AND UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED ADMINISTRATIVELY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY, ELECTRIC HOME AND FARM AUTHORITY, NOVEMBER 5, 1938:

YOUR LETTER OF OCTOBER 27, 1938, IS AS FOLLOWS:

WE SHOULD APPRECIATE AN EXPRESSION OF OPINION FROM YOU AS TO CONTINUED PAYMENT OF PER DIEM UNDER THE FOLLOWING STATEMENT OF FACT.

ON AUGUST 3, 1938, ELECTRIC HOME AND FARM AUTHORITY ENTERED INTO AN AGREEMENT WITH COMMONWEALTH EDISON COMPANY, CHICAGO, ILLINOIS, FOR THE BILLING, BOOKING, AND COLLECTING OF EVIDENCES OF INDEBTEDNESS TO BE PURCHASED BY AUTHORITY IN ITS FINANCING OF INSTALLMENT PURCHASES. CONSEQUENCE, MR. ERNEST F. FLEMING, JR., ASSISTANT TREASURER AND DISTRICT MANAGER OF AUTHORITY'S LOS ANGELES BRANCH OFFICE, WAS ON JULY 30TH ORDERED TO CHICAGO FOR THE PURPOSES OF ESTABLISHING A BRANCH OFFICE AND TRAINING NEW PERSONNEL FOR THAT OFFICE; TRAINING THE UTILITY'S EMPLOYEES IN THEIR DUTIES UNDER THE ABOVE-MENTIONED AGREEMENT; AND EFFECTING CONTRACTS WITH RETAIL DEALERS IN ELECTRIC APPLIANCES AND INSTRUCTING AND TRAINING THEM IN THEIR DUTIES UNDER SUCH CONTRACTS. MR. FLEMING WAS ORDERED TO REMAIN IN CHICAGO FOR ONLY SUCH LENGTH OF TIME AS MIGHT BE NECESSARY FOR THE COMPLETION OF THE WORK ABOVE OUTLINED, WHEN HE SHOULD RESUME HIS DUTIES IN LOS ANGELES.

UNDER THESE CIRCUMSTANCES, IT HAS SEEMED PROPER TO PAY TO MR. FLEMING HIS SUBSISTENCE DURING HIS TEMPORARY STAY IN CHICAGO. PER DIEM HAS ACCORDINGLY BEEN PAID HIM FROM AUGUST 3RD UP TO AND INCLUDING THE PRESENT TIME.

THE APPROPRIATION FOR THE ELECTRIC HOME AND FARM AUTHORITY, 1939, ACT OF MAY 23, 1938, PUBLIC 534, 52 STAT. 431, PROVIDES SPECIFICALLY FOR "TRAVEL EXPENSES IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE ACT OF JUNE 3, 1926, AS AMENDED.' THE ACT OF JUNE 3, 1926, AS AMENDED, 47 STAT. 405, AUTHORIZES EMPLOYEES TO RECEIVE PER DIEM IN LIEU OF SUBSISTENCE "WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' THERE IS NO HARD AND FAST RULE AS TO THE LENGTH OF TIME WHICH AN EMPLOYEE MAY BE ENTITLED TO SUBSISTENCE AT A PARTICULAR PLACE, IT BEING DEPENDENT NOT SO MUCH ON THE LENGTH OF TIME AS UPON THE NATURE OF THE DUTIES AND WHETHER, AS A MATTER OF FACT, THAT PLACE CONSTITUTES HIS PERMANENT DUTY STATION OR A TEMPORARY ASSIGNMENT. SEE PARAGRAPHS 44-48, INCLUSIVE, OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. IF THE DUTY IN THIS CASE AT CHICAGO, ILL., IS ESSENTIALLY OF A TEMPORARY NATURE WITH NO INTENTION THAT THE EMPLOYEE SHALL REMAIN THERE PERMANENTLY AND HE RETURNS TO HIS FORMER STATION UPON THE COMPLETION OF SUCH DUTIES, THERE APPEARS NO REASON WHY HE SHOULD NOT BE PAID PER DIEM IN LIEU OF SUBSISTENCE DURING HIS TEMPORARY DUTY AT THAT PLACE, AT SUCH RATES AND UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED ADMINISTRATIVELY.