Claim for Temporary Quarters Subsistence Expenses

The Chief of the Finance Branch of the Bureau of Mines requested a decision as to whether a voucher submitted by an employee for additional reimbursement of temporary quarters subsistence expenses could be certified for payment. The employee transferred to a new duty station, occupied temporary quarters for 10 days alone, and then was joined by his family for an additional 10 days. The employee requested payment at the higher rate for the full 20 days. Under applicable regulations, employees who are transferred may be reimbursed for the subsistence expenses of the employee and his immediate family for a period of 30 days while occupying temporary quarters. This statute clearly states that reimbursement for subsistence expenses actually incurred may not exceed the maximum per diem rates for the first 10 days of the period, two-thirds of the rates for the second 10 days, and one-half of rates for the third 10 days. GAO has held that this regulation requires reimbursement computed on the basis of three 10-day periods irrespective of whether the employee claims reimbursement for members of his immediate family during those periods. If, as in this case, the employee does not claim temporary quarters reimbursement for his spouse or children until the second 10-day period, the rate of reimbursement must be limited to that provided for in the second 10-day period in the applicable statute. Since this was the method used in determining the original amount of reimbursement due the employee, no further reimbursement could be certified for payment. Accordingly, the claim for additional reimbursement for temporary quarters subsistence expenses was denied.