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B-205638 1 (1982-07-30)

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                         CECIILWJT&1Li COPTROLEROUNEPJAL
              DECISIONa F                   H   UNITH     BTATWO
                                      W A 8 1HINUGTO N, o0, R054



               FIL I: B-205638              IATE: July 30, 1982

              MATTER OF: Dennis L. Kemp    T !'iporary Quarters
                  -        Subsistenc-. Expense

              DIG3ESTs
                       A transferred enplcyee rec1aims arrc nt of
                       subsistence oxpense&' disallowed by his
                       agency as unreasonable in u a'cordance with
                       the.Federal Travel Regulationo and Depart-
                       menat of Agriculture statiticqs for grocery
                       *xpenses for th  u ize of the employee's
                       gamily. fcHever, tlhe employee ('Ld not incul,
                       grocery expenses as his family's meals were
                       purchased in restaurants, Therefore, the
                       st\tlistical basis for reduclion rolied upcn
                       by the agency 4cos not appear to be germane.
                       The employing agency hs tni41,al' reaponsi-
                       bllty to determine reas6nableness of
                       expenditures foc subsstenqe while oPtcupying
                       temporary quarters. The agenqy should ma);e
                       a new determination of re-asonAbleness based
                       upon valid statistical reference and the
                       agency experience of other employees undew
                       sgmilar circimstances that miqht be relevant.


                This decision rosults fron the suiassion by an
            authorized certifying officer of the Department of
            Health and Human Services (HIIS) of the roclaim voucher
            of Dennis Le Kmp, an employee of the Office of Hearings
            and Appeals, for an additional amount of zubsistence
            while occupying' temporary quarters which was deducted
            from his original vouchar on the basis that his meal
            expenses were unreascnably high. Under the analysis
            which follows we determine that the agency reduction
            was not based upon relevint statistical data, and the
            agency is instructed to review the reasonableness of
            the meal expense in accordancewith this decision.

                Mr. Kemp was transferted fran Dea Moines.&1 Iowa
            to Wihita, Kansas. For a 30-day period during.
            February and March 1981, the employee, his wife and
            three children (ages 11, 9, and 9-months) were author-
            ized temporarylodging and vubsietence because of his
            transfor. When Mr. Kemp sought reimbursement of his
            expenses for the 30-day period, the agency disa2..iwed



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