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B-204185 1 (1982-04-27)

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B.204185


THS VOMIPTFlL.4UPROUNIFAL
OF rie UNITlD 3TATF.S
WAGHINUsTOUN,   ,.C, 20540


April 27, 1982


DATE:


MATTER OF:


DIGEST:


Michael Yana% - Temporary Quarters
Subsistence Expenses - RHelonsideration


The Department of Labor asks whjether,
under our decision Michael Yanak,
B-204185, Deqember 15, 1981, Mr. Yanak
is entitled to be reimbursed for
temporary quarters subsbstence ex-
penses ir, an amount not to exce'd
$75 per day. Even though his tem-
porary quarters were located in a
high rate geographical area, the
payment of  75 per day would con-
travene the computational provi-
sicns of paragraph 2-5.4c of the
Federal Travel Regulations which
provide that the amount which may
be reimbursed for temporary quar.-
ters subsistence expenses shall be
the lesser of either (1) the actual
amount of allowable expenses incur.-
red for each 10-day period, or (2)
the amount computed for each 10-day
period as a percentage of the maxi-
mum statutory per diem rate for the
locality. Thus, the employee's en-
titlement to temporary quarters
subsistence expenses is the lesser
of the amount he actually incurred
or the amount computed as a percent-
age of the  50 maximum statutory per
diem rate under paragraph 2-5.4c of
the FTR. B-204185, December 15,
1981, modified accordingly.


     The Department of Labor has asted this Office for a
more prec.ise explanation of the computation of temporary
quarters subsistence expenses reimbursable undor our
decision Michael Yanak, B-204185, December 15, 1981.
Specifically, the agency asks whether Ir. Yanak is en-
titled to be reimbursed for temporary quarters subsistence
expenses in an amount not to exceed $75 per day. We hold

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