B-154081, JUN. 24, 1964

B-154081: Jun 24, 1964

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THAT AMENDMENT IS WORDED AS FOLLOWS: "CHANGES PER DIEM ALLOWANCE (AS SHOWN UNDER ITEM 11) IN ACCORDANCE WITH REGION 2 REGIONAL LETTER NO. 190. THE EFFECT OF SUCH AMENDMENT IS TO INCREASE THE PER DIEM FROM "$13.00 FIRST 30 DAYS. 1964: "TRAVEL AUTHORIZATIONS WHICH MAY HAVE BEEN ISSUED AT OTHER THAN THE ABOVE RATES FOR TRAVEL BEGINNING ON OR AFTER FEBRUARY 23 ARE HEREBY RAISED TO THESE REVISED RATES BY ORDER OF THIS LETTER. PAYTON'S TRAVEL AUTHORIZATION WAS AMENDED TO CONFORM THERETO. PAYTON'S OFFICIAL STATION IS AT GUERNSEY. HIS TRAVEL NORMALLY IS SUBJECT TO THE AUTHORITY OF REGION 7 OFFICIALS. EACH REGIONAL DIRECTOR IS TO ESTABLISH SPECIFIC PER DIEM RATES FOR POINTS WITHIN HIS REGION FOR EMPLOYEES OF HIS REGION.

B-154081, JUN. 24, 1964

TO MR. T. R. ALLEN, AUTHORIZED CERTIFYING OFFICER, BUREAU OF RECLAMATION, REGION 7:

ON APRIL 29, 1964, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHER FOR $58.45 IN FAVOR OF JOHN F. PAYTON.

THAT AMOUNT REPRESENTS THE ADDITIONAL PER DIEM MR. PAYTON CLAIMS FOR THE PERIOD FEBRUARY 23 THROUGH APRIL 4, 1964 (3 P.M.), WHILE ON DETAIL TO THE TRINITY RIVER, CVP, CONSTRUCTION OFFICE, NEAR REDDING, CALIFORNIA, UNDER SPECIFIC TRAVEL AUTHORIZATION NO. C-64-351 DATED DECEMBER 23, 1963, AS AMENDED MARCH 30, 1964 (NO. C-64-352), AMENDMENT NO. 1. THAT AMENDMENT IS WORDED AS FOLLOWS: "CHANGES PER DIEM ALLOWANCE (AS SHOWN UNDER ITEM 11) IN ACCORDANCE WITH REGION 2 REGIONAL LETTER NO. 190, DATED 2/25/64, EFFECTIVE 2/23/64. COPY OF LETTER ATTACHED.' THE EFFECT OF SUCH AMENDMENT IS TO INCREASE THE PER DIEM FROM "$13.00 FIRST 30 DAYS, $8.60 THEREAFTER," TO ,$15.00 FIRST 30 DAYS, $10,00 THEREAFTER.'

THE SAID REGIONAL LETTER NO. 190 AS ISSUED BY THE REGION 2 OFFICE IN CALIFORNIA READS IN SUBSTANTIVE PART, AS FOLLOWS:

"PENDING INCORPORATION IN THE RECLAMATION INSTRUCTIONS, THE FOLLOWING PER DIEM RATES FOR OFFICIAL TRAVEL BY REGION 2 EMPLOYEES SHALL BE EFFECTIVE BEGINNING FEBRUARY 23, 1964:

"TRAVEL AUTHORIZATIONS WHICH MAY HAVE BEEN ISSUED AT OTHER THAN THE ABOVE RATES FOR TRAVEL BEGINNING ON OR AFTER FEBRUARY 23 ARE HEREBY RAISED TO THESE REVISED RATES BY ORDER OF THIS LETTER, AND THEREFORE NEED NOT BE AMENDED.

"ALL OTHER TRAVEL REGULATIONS AS PROVIDED IN PART 359, RECLAMATION INSTRUCTIONS AND REGION 2 SUPPLEMENTS THERETO, AND STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REMAIN IN EFFECT.'

YOU SAY THAT UPON THE RECEIPT, MARCH 30, 1964, OF REGIONAL LETTER NO. 190, MR. PAYTON'S TRAVEL AUTHORIZATION WAS AMENDED TO CONFORM THERETO, AS QUOTED ABOVE. HOWEVER, WE POINT OUT THAT MR. PAYTON'S OFFICIAL STATION IS AT GUERNSEY, WYOMING, IN REGION 7, AND HIS TRAVEL NORMALLY IS SUBJECT TO THE AUTHORITY OF REGION 7 OFFICIALS. UNDER BUREAU OF RECLAMATION GENERAL INSTRUCTIONS, PART 359.2.3A, EACH REGIONAL DIRECTOR IS TO ESTABLISH SPECIFIC PER DIEM RATES FOR POINTS WITHIN HIS REGION FOR EMPLOYEES OF HIS REGION, AND TO PRESCRIBE THEIR USE BY AUTHORIZING OFFICIALS OF THAT REGION IN APPROVING PER DIEM RATES FOR TRAVEL WITHIN THE REGION. THEREFORE, WE MAY NOT REGARD THE REGION 2 LETTER AS INCREASING AN EMPLOYEE'S PER DIEM IN LIEU OF SUBSISTENCE WHO IS NOT SUBJECT TO REGION 2 JURISDICTION SUCH AS HERE.

AS TO THE EFFECT OF THE AMENDMENT OF MARCH 30, 1964, TO THE TRAVEL ORDERS, IT MAY BE STATED THAT GENERALLY A RATE OF PER DIEM LAWFULLY FIXED ADMINISTRATIVELY BY TRAVEL ORDERS MAY NOT BE INCREASED RETROACTIVELY BY AMENDING SUCH ORDERS. SEE 28 COMP. GEN. 732, AND DECISIONS CITED THEREIN; ALSO, 35 COMP. GEN. 148. COMPARE 23 COMP. GEN. 713, 24 ID. 439. THUS, SUCH AMENDATORY ORDER MAY NOT BE VIEWED AS HAVING ANY RETROACTIVE EFFECT.

BECAUSE OF THE FOREGOING, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.