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B-212967 1 (1984-05-23)

handle is hein.gao/gaobadlsl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION oP THE UNITED STATUE WASHINGTON. 0.C. 20548 FILE: B-212967 DATE: May 23, 1984 MATTER OF: Stephen A. Bartholomew DIGEST: Based on language in the 1982 amendment to Federal Travel Regulations, paragraph 2-5.4c referring to maximum per diem rate prescribed for the locality the employee argues that temporary quarters subsistence expense reimbursement should be based on the high cost geographic area rate used when reimbursement of actual costs while on temporary duty is authorized rather than the statutory per diem rate of $50. Although the regulation could be misinter- preted, the statute authorizing temporary quarters sets a ceiling on the amount pay- able by reference to the maximum per diem rate, not the actual subsistence rate. Therefore, reimbursement of temporary quarters subsistence expense is limited to $50 within the continental United States. Paragraph 2-5.4c has since been changed to make this clear. The sole issue for resolution is whether the $50 statu- tory limitation on per diem is applicable to claims for temporary quarters subsistence expenses when the employee occupies temporary quarters in a high rate geographic area.1 The employee argues that the limitation should be the $75 authorized under 5 U.S.C. S 5702(c)(2) for the high rate geographic area where the temporary quarters are located. The agency maintains that the allowance must be limited to the $50 maximum per diem rate set by 5 U.S.C. S 5702(a). We hold that the $50 maximum per diem rate must be applied to reimbursement for subsistence while occupying temporary quarters. 1Jutta Partyka, an authorized certifying officer of the Office of Surface Mining, United States Department of the Interior, has submitted a voucher on behalf of Mr. Stephen A. Bartholomew for an advance decision on this issue.

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