AMENDING SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949 August 25, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. DAWSON, from the Committee on Expenditures in the Executive Departments, submitted the following REPORT [To accompany H. R. 5951] The Committee on Expenditures in the Executive Departments, to whom was referred the bill (H. R. 5951) to amend section 3 of the Travel Expense Act of 1949, having considered the same, report favorably thereon with amendments and recommend that the bill do pass. The amendments are as follows: Page 1: Line 4, after the word "adding", insert "at the end thereof". Line 6, after the word "illness", strike the "," and insert "or injury,”. Line 7, strike the words "in travel status" and insert "traveling on official business and". Line 8, after the word "duty", insert "". Line 8, after the word "allowed", insert "such". Line 8, strike the word "allowance" and insert "allowances,". Line 9, after the word "expenses", insert "to their designated posts of duty,". PURPOSE This amendment to the Travel Expense Act of 1949 (63 Stat. 166) modifies section 3 to permit such civilian officers and employees who become ill or injured not due to their own misconduct, while in travel status, on official business, to continue to receive per diem allowance. GENERAL STATEMENT For many years there has existed a condition of employment which has resulted in inequities and in some instances extreme hardship for H. Repts., 81-1, vol. 6-57 Government officers and employees. During the original drafting and passage of the Travel Act of 1949 there was not sufficient development of this special circumstance. This proposed legislation is aimed at easing a real financial hardship which has often occurred where a civilian officer or employee has the misfortune to become ill while in travel status and is compelled to abandon his official duties. Section 3 of the Travel Expense Act of 1949 (63 Stat. 166) provides. as follows: Civilian officers and employees of the departments and establishments (except justices and judges covered by sec. 456 of title 28 of the United States Code). while traveling on official business and away from their designated posts of duty. shall be allowed, in lieu of their actual expenses for subsistence diem allowance * * * * a per The Standardized Government Travel Regulations, pursuant to the Travel Expense Act of 1949. provide in paragraph 45a that: If leave of absence of any kind begins or terminates within the traveler's prescribed hours of duty, the subsistence allowance will terminate or begin at the same time. The language of the statute, "while traveling on official business," coupled with the provisions of paragraph 45a of the Standardized Government Travel Regulations, has been construed by the Comptroller General as prohibiting the allowance of per diem in lieu of subsistence to an employee who becomes incapacitated for the performance of official duty by reason of illness (27 Comp. Gen. 222, and 23 Comp. Gen. 864). Consequently, when an employee becomes ill while in travel status, his per diem allowance automatically ceases and he must either remain at his temporary station at his own expense until he recovers sufficiently to complete his assignment, or return to his official headquarters at his own expense. It is not contemplated that civilian officers and employees should be deprived of per diem allowances and transportation expenses because they have had the misfortune to become ill or injured, not due to their own misconduct, while traveling on official business and away from their designated posts of duty. This is emphasized even more where there is a possibility that such illness or injury may have been incurred through the performance of official duties. Under existing regulations such a person receives his salary while ill or injured with no per diem allowances and transportation expenses in addition thereto. In field service, especially, if such an illness or injury occurs, his salary is perforce required to absorb the increased cost for hospital or hotel bills, meal service, and possible medical and nursing care expense. Since in these instances, this circumstance takes place in a city, away from official residence, a severe strain is placed on such salary of the average Federal employee. Thus, an inequitable loss is placed on a Federal employee in this situation. The proposed amendment to section 3 of the Travel Expense Act of 1949 assures an employee his salary while ill or injured, not resulting from his own misconduct, and in addition thereto his per diem allowances and transportation expenses, which in most instances will be more than absorbed in combating his illness. The committee feel that the regulations of the President issued pursuant to this proposed legislation will contain reasonable limitations as to the duration of such allowances and the circumstances under which they may be allowed. However, the committee, after evaluating and analyzing, indicated during the hearing that such period of illness or injury, shall be chargeable against the sick leave of such civilian officers and employees, so far as available, or other leave under existing laws and regulations. Bureau of the Budget sources advised that this amendment will not result in any undue increase in cost. The amount to be expended is cited as nominal with no additional appropriation necessary to carry out its purpose. Since the proposed amendment deals in the unusual circumstance, rather than the routine case, costs at this point, while speculative, are judged in the light of past experience. In view of the foregoing, your committee recommend passage of H. R. 5951. Attached hereto, and made a part of this report are the reports from the Bureau of the Budget, the Comptroller General, and the Secretary of the Department of Agriculture. Hon. WILLIAM L. DAWSON, EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington 25, D. C., August 24, 1949. Chairman, Committee on Expenditures in the Executive Departments, House of Representatives, Washington, D. C. MY DEAR MR. DAWSON: This is in reply to your letter of August 12, 1949, requesting the views of this office with respect to a bill (H. R. 5951) to amend section 3 of the Travel Expense Act of 1949. In reply you are advised that the Bureau of the Budget is in sympathy with the objectives of this proposal but would prefer that the language be revised in accordance with S. 2422, a bill which seeks the same objective. A copy of S. 2422 is attached. Sincerely yours, FRANK PACE, Jr., Director. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. WILLIAM L. DAWSON, House of Representatives. MY DEAR MR. CHAIRMAN: Reference is made to your letter of August 12, 1949, enclosing for my comment a copy of H. R. 5951, Eighty-first Congress, entitled "A bill to amend section 3 of the Travel Expense Act of 1949." The bill would amend that section by adding at the end thereof the following: "Provided, That civilian officers and employees who become incapacitated due to illness, not due to misconduct, while in travel status away from their designated posts of duty shall be allowed per diem allowance and transportation expenses in accordance with regulations promulgated and approved under this Act. The Subsistence Expense Act of 1926, as amended (56 Stat. 39), provided for the payment of per diem in lieu of subsistence to civilian officers and employees "while traveling on official business." This has been construed for years as prohibiting any payment of per diem in lieu of subsistence when the employee is unable to attend to official business because of illness, and it has been considered, also, that the cost of returning to his official headquarters before completing the official business to which assigned when due to illness, constitutes a personal expense not payable from appropriated funds under the present laws. It is recognized that in many cases of unavoidable illness this rule works a hardship, as the employee may not have sufficient personal funds to meet the unexpected expenditures in furnishing his own subsistence and returning home at his own expense. Accordingly. I have no objection to offer to remedial legislation if adequate safeguards are provided, and the Director, Bureau of the Budget, was so advised in a report of this office dated June 30, 1949, on a bill which had been proposed by the Department of Agriculture relating to the matter. However, it was suggested in seid report that the benefits of the proposed legislation should not be applicable to cases of illness resulting from misconduct by an employee. Thereafter, at the request of a staff member of the Senate Committee on Expenditures in the Executive Departments, representatives of the General That bill Accounting Office and of the Bureau of the Budget assisted in the drafting of language now contained in S. 2422, introduced on August 11, 1949. provides, in pertinent part, as follows: "Provided, That such civilian officers and employees who become incapacitated due to illness or injury, not due to their own willful misconduct, while traveling on official business and away from their designated posts of duty, shall be allowed such per diem allowance, and transportation expenses to their designated posts of duty, in accordance with regulations promulgated under this Act." It is understood that your committee has voted to report favorably on a bill identical to S. 2422 with the exception that the word "willful" in the phrase, "not due to their own willful misconduct," will be deleted. Since, as indicated above, the legislation is designed to relieve Government employees of hardships incident to illness incurred or injury sustained while traveling on official business, favorable action thereon is recommended. Sincerely yours, LINDSAY C. WARREN, DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY, The honorable the SPEAKER OF THE HOUSE OF REPRESENTATIVES. DEAR MR. SPEAKER: For many years there has existed a condition which has resulted in inequities and in some instances extreme hardship for Government offices and employees. I refer to situations where an officer or employee has the misfortune to become ill while in travel status and is compelled to abandon his official duties. In such cases the employee must personally assume all expenses including subsistence and transportation costs which may, and in many cases do, create a real financial hardship. Section 3 of the Travel Expense Act of 1949 (63 Stat. 166) provides as follows: "Civilian officers and employees of the departments and establishments (except justices and judges covered by sec. 456 of title 28 of the United States Code), a per while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence diem allowance * * * "" (Italics supplied.) * The Standardized Government Travel Regulations, pursuant to the Travel Expense Act of 1949, provide in paragraph 45a that: "If leave of absence of any The language kind begins or terminates within the traveler's prescribed hours of duty, the subsistence allowance will terminate or begin at the same time." of the statute, "while traveling on official business," coupled with the provisions of paragraph 45a of the Standardized Government Travel Regulations, has been construed by the Comptroller General as prohibiting the allowance of per diem in lieu of subsistence to an employee who becomes incapacitated for the performance of official duty by reason of illness (27 Comp. Gen. 222, and 23 Comp. Gen. 864). Consequently, when an employee becomes ill while in travel status, his per diem allowance automatically ceases and he must either remain at his temporary station at his own expense until he recovers sufficiently to complete his assignment, or return to his official headquarters at his own expense. It is the feeling of this Department that civilian officers and employees should not be deprived of travel allowances because they have had the misfortune to become ill while in travel status, especially when there is a possibility that the illness may have been incurred through the performance of their official duties. At such a time, his salary is required to absorb the increased cost for hospital or hotel bills, meal service, and possibly nursing care, and the salary of the average Federal employee is insufficient to meet such expenses away from home without proving a serious financial strain. In view of the foregoing and as relief from these inequities can be accomplished only by a change in the law, there is presented herewith a draft of proposed legislation designed to permit the payment of travel expenses to employees who become ill while in travel status. If this proposal is enacted into law, it is assumed that the regulations of the President issued pursuant thereto will contain reasonable limitations as to duration of such allowances and circumstances under which they may be allowed. The Bureau of the Budget advises that, from the standpoint of the program of the President, there is no objection to the submission of this proposed legislation to the Congress for its consideration. A similar letter has been sent to the President of the Senate. Sincerely yours, CHARLES F. BRANNAN, Secretary. In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): TRAVEL EXPENSE ACT OF 1949 SEC. 2. When used in this Act (1) The term "departments and establishments" means (A) any executive department, independent commission, board, bureau, office, agency, or other establishment in the executive branch of the Government, including wholly owned Government corporations and the municipal government of the District of Columbia, and (B) any office, agency, or other establishment in the legislative branch of the Government (except Members of Congress and offices and committees of the Senate and the House of Representatives), and (C) any office, agency, or other establishment in the judicial branch of the Government. (2) The term "subsistence" means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler. (3) The term "per diem allowance" means a daily flat rate of payment in lieu of actual expenses. (4) The term "Members of Congress" means Senators, Representatives, Delegates, and Resident Commissioners. SEC. 3. Civilian officers and employees of the departments and establishments (except justices and judges covered by section 456 of title 28 of the United States Code), while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards, a per diem allowance to be prescribed by the department or establishment concerned, not to exceed the rate of $9 within the limits of the continental United States and in case of travel beyond the limits of the continental United States not to exceed rates established by the Director of the Bureau of the Budget for the locality in which the travel is performed [.]: Provided, That such civilian officers and employees who become incapacitated due to illness or injury, not due to their own misconduct, while traveling on official business and away from their designated posts of duty, shall be allowed such per diem allowances, and transportation expenses to their designated posts of duty, in accordance with regulations promulgated and approved under this Act. SEC. 4. Civilian officers or employees of departments and establishments or others rendering service to the Government shall, under regulations prescribed by the Director of the Bureau of the Budget, and whenever such mode of transportation is authorized or approved as more advantageous to the Government (except that no determination of advantage is required where payment on a mileage basis is limited to the cost of travel by common carrier, including per diem), be paid in lieu of actual expenses of transportation not to exceed 4 cents per mile for the use of privately owned motorcycles, or 7 cents per mile for the use of privately owned automobiles or airplanes, when engaged on official business within or outside their designated posts of duty or places of service. In addition to the mileage allowances provided for in this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. SEC. 5. The departments and establishments may advance, through the proper disbursing officers, to any person entitled to per diem or mileage allowances under this Act, such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced and not used for allowable travel expense shall be recoverable by set-off of salary due, retirement credit, or otherwise, from the person to whom advanced, or his estate, by deduction from any amount due from the United States, or by such other legal method of recovery as may be necessary. |