GENERAL COUNSEL'S OPINION NUMBER 55-24, DATED 13 JULY 1955

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05844A000100070054-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: December 5, 2001
• Sequence Number: 54
• Publication Date: July 13, 1955
• Content Type: MISC

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GENERAL COUNSEL'S OPINION NUMBER 55-24, DATED 13 JULY 1955
Per diem may be paid to dependents who are in a travel status
incident to the transfer of an employee to or from an overseas
station but not when accompanying him on a transfer between two
stations, both of which are in the continental United States,
its territories or possessions.
TO THE DEPUEY CHIEF, SR/ADMTN
1. In a recent telephone conversation you inquired as to the entitle-
ment of dependents to draw per diem in lieu of subsistence when in a travel
status incident to the movement of an employee of this Agency. Specifically,
you wished to know the extent of this entitlement when the employee is
transferred between two duty stations (a) both of which are within the
continental United States, its territories or possessions, or (b) when STATOTHR
one or both are in foreign areas.
3. Where the employee is transferred between two stations, both of
which are within the United States, its territories or possessions, the
entitlement of the dependent to reimbursement for travel and/or transporta-
tion expenses is to be sought in the complementary Administrative Expense
Act of 1946 (P.L. 600, 79th Congress), as amended, and regulatory issuances
thereunder. Of these!`-."the most recent is Executive Order 10196, 22 Decem-
ber 1950, which provides, in Section 3: "The transportation of the im-
mediate family of an employee shall be subject to those provisions of the
Standardized Government Travel Regulations which relate to transportation
;o* .?" Although other regulatory provisions have been changed from time
time, the above-quoted phrasing has been unvarying for a considerable
period, and it was construed in 25 Comp. Gen. 268, 7 September 1945, as
not authorizing the payment of per diem to dependents accompanying an
employee upon transfer. In reaching his decision that such was the
purport of the regulatory language, the Comptroller General cited an
earlier opinion of his office, 21 Comp. Gen. 333, 14 October 1941, which
states: "The term 'travel expenses' ordinarily consists of two classes
of expense. The first embraces expenses for transportation and the other
embraces expenses of subsistence."
REV C:.L S` i .f V 70-
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5. It is, therefore, the opinion of this Office that when dependents
are in a travel status incident to the travel of an employee assigned to
a permanent-duty station outside the continental United States, its ter-
ritories or possessions (including transfer to or from such station),
per diem in lieu of subsistence may properly be paid to dependents, but
that when the employee is transferred between two stations within such
area, dependents are not entitled to per diem.
LAWRENCE R. HOUSTON
General Counsel
n N`N H DEN IAL1
25X1A
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