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B-194197 1 (1980-12-24)

handle is hein.gao/gaobaditk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL D1ECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-194197 DATE: Decemby.r 24, 1980 MATTER OF: Nicholas M. Veneziano - Reconsideration, Actual Subsistence Expensg Status DIGEST: Although Administrator of General Services (GSA) is authorized to promulgate Federal Travel Regulations (FTR), the General Accounting Office (GAO) must interpret the laws and regulations in settling claims. Guidance issued by Assistant Administrator of General Services interpreting FTR do not bind agencies as do the FTR but GAO will accord great deference to such guidance. Since GSA employee relied on GSA guidance interpreting FTR as precluding application of 10 hour rule in case of actual subsis- tence reimbursement, and since decision B-184489, April 16, 1976, was similarly interpreted by a number of agencies, the 10 hour rule shall not be applied to em- ployee or in cases of actual subsistence reimbursement prior to issuance of 58 Comp. Gen. 810. but the rule shall apply after September 27, 1979, the date of issu- ance of our decision. Mr. Nicholas M. Veneziano, an employee of the General Services Administration (GSA), has requested reconsideration of our decision Nicholas M. Veneziano 58 Comp. Gen. 810. (1979) in which we denied his claim for actual subsistence expenses incurred incident to duty he performed in Newark, New Jersey on July 20, 1977. BACKGROUND Mr. Veneziano, whose official duty station is New York, New York, and whose residence is in Brooklyn, New York, was ordered to perform official business in Newark, New Jersey, where he incurred the expense of $2.75 for lunch. Citing decision B-184489, April 16, 1976, and paragraph 1-8.6 of the Federal Travel Regula- tions (FTR) (FPMP Temporary Regulation A-11, Supp. 4, L MON-

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