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B-184344 1 (1975-08-28)

handle is hein.gao/gaobadcne0001 and id is 1 raw text is: ,JAERr . j THE COMPTROLLER GENERAL DECISION ~ . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-184344 DATE: AUG 281975 MATTER OF: Norris C. Ellertson - Effective date of increased per diem and mileage rates authorized under Travel Expense Amendments Act of 1975 DIGEST: Blanket travel order issued on July 1, 1974, authorized per diem rate of-$25 per day and mileage rate of 12 cents for use of privately owned automobile, as prescribed by Commerce Department's regulations. On May 19, 1975, Temporary Regulation A-11 (GSA), implementing the Travel Expense Amendments Act of 1975, amended the Federal Travel Regulations (FTR) to increase the maximum per diem and mileage rates for official travel. Under blanket travel order, employee who traveled May 15 to 20, 1975, is entitled to higher per diem and mileage rates of amended FTR for travel on May 19 and 20 since such rates were mandatory. 49 Comp. Gen. 493 (1970) followed. 35 Comp. Gen. 148 (1955) distinguished. This action concerns a request for an advance decision from Richard P. Noyes, a certifying officer of the Department of Commrce, as to the per diem and mileage rates which should be used for tem- porary duty travel authorized before the enactment of the Travel Expense Amendments Act of 1975, Pub. L. No. 94-22, approved May 19, 1975, 89 Stat. 84 (the Act), and performed on and after the date of enactment. The Act increased the maximum per diem allowance from $25 to $35 and increased the maximum mileage allowance for privately owned automobiles from 12 cents to 20 cents. The particular case submitted is that of Norris C. Ellertson, an employee of the Four Corners Regional Commission, who performed temporary duty travel during the period May 15 through May 20, 1975, pursuant to a blanket travel order issued July 1, 1974, for neces- sary travel during fiscal year 1975. The blanket travel order authorized a per diem rate of $25 per day and a rate of 12 cents per mile for the use of a privately owned automobile in accordance with Commerce Department Administrative Order (DAO) 204-1. Under DAO 204-1 and the travel order, Mr. Ellertson was entitled to the maximum per diem rate of $25, computed on the basis of his average cost of lodgings of $18 per day, plus $10 for meals and miscellaneous expenses. However, for the period of his travel performed on May 19 and 20, 1975, Mr. Ellertson has submitted a PUBLISHED DECISION 55 Comp. Gen,

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