B-4238, JUNE 24, 1939, 18 COMP. GEN. 975

B-4238, JUNE 24, 1939, 18 COMP. GEN. 975

TEMPORARY DUTY PROLONGED BEYOND ORIGINAL ANTICIPATION - AMENDMENT OF TRAVEL ORDERS TO PROVIDE FOR PER DIEM IN LIEU OF SUBSISTENCE WHERE THE TEMPORARY DETAIL OF FOREIGN AND DOMESTIC COMMERCE BUREAU EMPLOYEES TO THE TEMPORARY NATIONAL ECONOMIC COMMITTEE, THE STATUTORY LIFE OF WHICH IS LIMITED TO THE EXPIRATION OF THE SEVENTY-SIXTH CONGRESS, IS PROLONGED BEYOND THE PERIOD ORIGINALLY CONTEMPLATED, THERE IS NO OBJECTION TO THE AMENDMENT OF THE TRAVEL ORDERS PROSPECTIVELY EFFECTIVE TO PROVIDE FOR A PER DIEM IN LIEU OF SUBSISTENCE TO THE EXTENT CONSISTENT WITH EXISTING ADMINISTRATIVE REGULATIONS. SEE 18 COMP. GEN. 423.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF COMMERCE, JUNE 24, 1939:

I HAVE YOUR LETTER OF JUNE 5, 1939, AS FOLLOWS:

ON OCTOBER 4, 1938, MESSRS. ISADORE BADY, BENJAMIN KRAMER, AND IRVING WEISS, EMPLOYEES OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE IN THE DIVISION OF CUSTOM STATISTICS, NEW YORK, WERE ORDERED TO WASHINGTON FOR TEMPORARY DUTY WITH THE TEMPORARY NATIONAL ECONOMIC COMMITTEE.

AT THE TIME OF THEIR TEMPORARY DETAIL TI WAS THOUGHT THAT THE WORK ON WHICH THEY WERE ENGAGED WOULD BE COMPLETED AND THAT THEY WOULD BE RETURNED TO THEIR PERMANENT DUTIES IN NEW YORK PRIOR TO THIS TIME. HOWEVER, THE WORK OF THE COMMITTEE HAS NOT YET BEEN COMPLETED AND CONGRESS HAS PROVIDED ADDITIONAL FUNDS FOR ITS CONTINUATION. IT NOW APPEARS THAT THERE WILL BE A NEED TO RETAIN THESE MEN IN WASHINGTON FOR A FURTHER PERIOD OF FROM THREE TO SIX MONTHS. THUS FAR THEY HAVE NOT BEEN PAID A PER DIEM ON THEIR TEMPORARY ASSIGNMENT TO WASHINGTON, BUT IT IS BELIEVED THAT IT WOULD NOW BE EQUITABLE AND JUST THAT THEY BE PAID A REASONABLE PER DIEM FOR THE REMAINDER OF THEIR ASSIGNMENT IN VIEW OF THE FACT THAT THEY ARE NECESSARILY AT MORE EXPENSE TO LIVE IN WASHINGTON THAN IN THEIR REGULAR DOMICILES IN NEW YORK.

IT IS RESPECTFULLY REQUESTED THAT THE DEPARTMENT BE ADVISED IF THEIR TRAVEL ORDERS MAY BE AMENDED TO PROVIDE FOR THE PAYMENT OF A PER DIEM OF $1.50 FROM JUNE 16TH.

THE STATUTORY LIFE OF THE TEMPORARY NATIONAL ECONOMIC COMMITTEE IS LIMITED TO THE EXPIRATION OF THE SEVENTY-SIXTH CONGRESS. SECTION 4 (C) OF THE JOINT RESOLUTION APPROVED JUNE 16, 1938, 52 STAT. 706. THE APPROPRIATIONS FOR TRAVELING EXPENSES NECESSARY IN CARRYING ON THIS WORK OF THE COMMITTEE WOULD BE LIKEWISE LIMITED. ACTS OF JUNE 25, 1938, 52 STAT. 1118, AND MAY 2, 1939, PUBLIC, NO. 61, PAGE 4.

IT IS UNDERSTOOD THAT THE EMPLOYEES NAMED IN YOUR LETTER ARE NOT EMPLOYED BY THE COMMITTEE BUT ARE EMPLOYEES OF THE DEPARTMENT OF COMMERCE ASSIGNED TO TEMPORARY DUTY WITH THE COMMITTEE UNDER AUTHORITY OF SECTION 3 OF THE JOINT RESOLUTION APPROVED JUNE 16, 1938, AND THE APPROPRIATION ACTS, SUPRA.

IF THE UNDERSTANDING OF THE FACTS AS ABOVE STATED BE CORRECT, AND IF THE EMPLOYEES WERE NOT, IN FACT, TRANSFERRED TO WASHINGTON FROM NEW YORK BY THEIR ORIGINAL TRAVEL ORDERS, BUT WERE TEMPORARILY ASSIGNED TO DUTY IN WASHINGTON AND WERE THEN, OR BY AMENDED TRAVEL ORDERS ARE, DIRECTED TO RETURN TO THEIR HEADQUARTERS IN NEW YORK UPON EXPIRATION OF THE TEMPORARY DUTY, AND IF NOT INCONSISTENT WITH EXISTING ADMINISTRATIVE REGULATIONS, THEIR TRAVEL ORDERS MAY BE AMENDED TO PROVIDE FOR THE PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE OF $1.50 PROSPECTIVELY EFFECTIVE. SEE PARAGRAPH 48 (A) OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS; ALSO, 18 COMP. GEN. 423.