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B-189221 1 (1978-02-14)

handle is hein.gao/gaobadfrw0001 and id is 1 raw text is: I L I DECISION THE COIPTROLLEA GENERAL 0C= THE .JNrTEO GTATES WASHING TON. D.C. 20540 . . . FILE: B-18922 MATTER OF: DIGEST: DATE: February 14, 1978 Larry Burstein et al. - Per Diem - bLatutory Increase in Maximum Rat-. DEA employee; on TDY September - December 1969 under travel authorizations prescribing $16 per diem, maximum at time of i9suance, rchim 525 per diem from November 10, 1969, date maxinur was increased by Public Law 91-114 and oCTR. Claims are disallowed under 31 U.S.C. 71a since not filed with the CAD wichin 6 years after the date they accrued. Morecver, aw; anc regulation meraly established new higher ltmit and did not make increase mandatory or automatic. Agency tol: no administrative action to authorize higher rats. Therefore, there is no hiwful basih for paying more than $16. 49 Thmp. Gen. 493, 51 id. 179 distinguished, By letter dated May 27, 1977, and received in the Cenural Ac- counting Office on May 31, 1977, Mr. Edwin J. Fost, Chief, Accounting Section, Drug Enforcement Administrrtion (DEA), Departn cat of Justice, requests a decirion as to whether the 6-year statute of limitations, 31 U.S.C. '!a, bars the claims of Messrs. Larry Burstein, Thomas H. Chown, Jerel P. Ferguson, and Patrick J. Shea for additional per diem incident to temporary duty for training in November and December 1969. Documents were also submitted relatin, to a similar ciaim of Mr. Arthur C. Wilson and it is Indicated that additional claims are anticipated. These employees, whose permanent duty stations were located in various partsof the United States, were sent to the Washington, D.C., area for 12 weeks of training, beginntng in September and ending in December 1969. Their travel authorizations specified a per diem rate of $16 per day, which a: the time of issuance was the maximum allowable under the governing statute, 5 U.S.C. 5702(a) and section 6.2b(l) of the implementing Standardized Government Travel Regulations (SGTR), Bureau of the Budget Circular No. A-7, as revised January 28, 1965, effective March 1, 1965. Effective November 10, 1969, section 5702(a) was amended by Public Law 91-114, 83 Stat. 190, which increased the maximum rate allowable to $25 per day, and section 6.2b(l) of the SGTR was V I I I I -J .1 j AIi i 1I

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