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B-184789 1 (1975-10-30)

handle is hein.gao/gaobadcqb0001 and id is 1 raw text is: DECISI B-18' FILE: MATTER DIGEST: ON 478 THE COMPTROLLER GENERAL OF THE UNITED STATES V WASHINGTON, D. C. 20548 N I T6 , 9 911 DATE: OCT 30 1975 - David Martin - Effective date of increased per OF: diem rate authorized under Travel Expenses Amendment Act of 1975. Travel order issued May 14, 1975, authorized per diem on lodgings-plus basis using $12 allowance for meals, not to exceed $25. Employee is entitled to higher per diem rate for travel performed on May 19 and 20, 1975, since the order is inconsistent with Temporary Regulation A-11 which implemented Travel Lxpenses Amendments Act of 1975, effective May 19, 1975, and requires agencies to compute per diem under the lodgings-plus system using a $14 allowance for meals, not to exceed $33. This action involves a request for an advance decision from the Comptroller for the Department of Labor concerning the rate of per diem to which Mr. David Martin is entitled for temporary duty travel authorized before the enactment of the Travel Exense Amendments Act of 1975, Pub. L. No. 94-22, approved May 19, 1975, 89 Stat. 84, but performed by him on and after the date of enactment. That Act increased the maximum per diem allowance from $25 to $35. The temporary duty travel performed by Mr. Martin on May 19 and 20, 1975, was authorized by a travel order dated May 14, 1975. The travel order specified a per diem rate not to exceed the applicable depart- mental rate. We have been informally advised that at the time the travel order was issued and the travel was performed the applicable departmental rate would have entitled Mr. Martin to a per diem rate, not to exceed $25, computed on the lodgings-plus basis using an allow- ance of $12 per day for meals and mischltaneous expenses. However, Mr. Martin has claimed per diem at the rate of $33, computed on the lodgings-plus basis using an allowance of $14 per day for meals and miscellaneous'expenses. The Department of Labor questions the propriety of Mr. Martin's claim because his travel order was issued prior to the increase of the maximum allowable per diem rate authorized by Pub. L. No. 94-22. They state that they are not aware of any authority for retroactively increasing per dien rates specified in travel orders. The issue presented by the Department of Labor was recently considered by our Office in B-184344, August 28, 1975. In that decision we held that under the regulations implementing Pub. L. No. 94-22 an employee who had been authorized per diem computed on ( /

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