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B-201321 1 (1981-06-10)

handle is hein.gao/gaobadjle0001 and id is 1 raw text is: DECISION K FILE: B-201321 THE COMPTROLL 16AENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548 DATE: June 10, 1981 MATTER OF: Department of Agriculture - Effective date of increase in rates for temporary quarters expenses DIGEST: s Agency questions whetherrate for temporary quarters reimbursemen9. increased when statute raised maxi- mum per diem rates or when regula- tions raised per diem rates for temporary duty travel. Since rates for temporary quarters reimbursement are pegged on statutory maximum per diem rates, the increase is effective on date statute is amended. The question presented in this case is the effec- tive date of an increase in reimbursement for temporary quarters subsistence expenses. We hold that it is governed by the effective date of the statute raising the maximum per diem rates rather than by the effective date of the regulations raising the per diem rates for temporary duty travel. This decision is in response to a request from Mr. Larry Wilson, Deputy Director, Finance, Qffice of Operations and Finance, U.S. Department of Agriculture, requesting our interpretation of the effective date for an increase in reimbursement for temporary quarters subsistence expenses. With the enactment of Public Law 9 -346, 94 Stat. 1148, signed September 10, 1980, 5 U.S.C. § 5702 was amended to increase the maximum per diem allowance rate for travel inside the continental United States from $35 to $50. The implementing regulations con- tained in the Federal Travel Regulations (FTR) (FPMR 101-7), were amended effective October 5, 1980, to increase the maximum allowable per diem for tempo- rary duty travel within the conterminous United States from $35 to $50. 45 Fed. Reg. 65146-49, October 1, 1980. The applicable provisions of the FTR governing temporary quarters reimbursement were not similarly amended since those provisions in

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