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B-193879 1 (1979-10-18)

handle is hein.gao/gaobadhrm0001 and id is 1 raw text is: II70- ¾~'9J~.THE COMPTROLLER GENERAL DECISiDN `4IJ OF THE UNITE-D STATES VVASHINGTON, 0.C. 20548 FILE: B-193879 DATE: October 18, 1979 MATTER OF: Junior enlisted service members' travel allowances DIGEST: Although the Department of Defense Appropriation Act, 1979, appropriated funds which could be used for extension of travel and transportation entitle- ments to junior enlisted service members, the regulations authorizing the entitlements were issued under the existing authority of 37 U. S. C. chapter 7 (1976) and 10 U.S. C. 5 2634 (1976). Therefore, the effective date.of the junior enlisted travel entitle- ments is the effective date of the regulations, which may not be amended retroactively, and not the earlier effective date of the Appropriation Act. The issue in this case is what is the appropriate effective date of junior enlisted service members' increased travel and transportation allowances--the effective date of authorizing regulations, the effec- tive date of the act appropriating the money for the allowances, or the first day of the fiscal year. We hold that it is the effective date of the authorizing regulations. The question was presented by letter from the Principal Deputy Assistant Secretary of the Air Force (Manpower, Reserve Affairs ?/- and Installations),- and has been assigned control number 78-45 by the Per Diem, Travel and Transportation Allowance Committee. The Department of Defense Appropriation Act, 1979, Public Law 95-457, 92 Stat. 1231, contains funds appropriated by Congress for extension of certain travel and transportation entitlements to junior enlisted members, i. e., members in grade E-4 who have 2 years' service or less and members in lower grades. Although the services had the statutory authority under 37 U.S. C. chapter 7 (1976), and 10 U.S. C. 5 2634 (1976) to authorize the travel and transportation allowances for junior enlisted members, they were effectively precluded from doing so until the entitlements had been funded by Congress. Because of uncertainties as to whether such funding would be provided and the extent of the additional funding, regulations could not be amended until the appropriation had been finally approved even though the 'appropriation once approved would provide funds for the increased allowances adequate for the whole fiscal year. The appropriation was approved by the President on October 13, 1978, and the new regulations were approved Octo- ber 17, 1978. 0JS _1 M dOLV WAJ6- /E&t$l /47/(# J /-fEc /i1i1j6 L Lo 10- 4/0C 6- J L9J{V~ 6 L4 r-tr- L Wu e s4

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