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B-177491 1 (1973-06-21)

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                     COMPTROLEIRGENERAL OF THK VUNI TATKS
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                              W-IN7TOue              210 1973             -



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          We rafer to your letter of Aprls1,a19739requesting re        and

      rem  idaration of a settlimt by our Tranportation sad Clatm     Division
      dated April 3, a973, that disallowed your ,laim for aditional par diamn
      saianice for the period tust 29, 1972, hrough Jaucy 16, 1973.

          You are a substation conastruction inpcotor employed by the
      RomaviUe Power Administration (EPA), United States Dspartment of the
      Interlor, That agency assigned you to tepr.ary duty at Clarketon,
      WashinSton affective July 19, 1971, and you wved your family there on
.     Aupat 16, 1971, and established a reAldence in a mobile hm  where you
      presently 'ive.  You continued to woit vithlu oamuting distance of your
      rezidanco except for short tmporary asuipaentu away from your home and
      family,.                                                 -

          After you had resided in Clarkston for &'7ar IPA disallowd yotr
      claimfor additional per dim expenses on the basis that Clarkaton,
      Washington, had become your permanent realdemc, and in any avant agency
      policy as met forth in pargaph 233.6f of tba EPA Manual (EPAH), pre-
      eludes par diem payzantu for a period longer ti an one 7ear of continuons
      taqorry duty at one place vithout agency apprtrval, which ws not granted
      In your case.

          You contend that the aforementioned EPA policy serves to discriminate
      aaimt employees like yourself who choose to live wth their families
      t nobilm homes near their worksites and favors mpAoyees who leave their
      families at distant locations and ive in smafl travel trailers or cou-
      mercial lodging facilities near their work. This latter class of .uploymes,
      you maintain, receives continuous par dim allowances by virtue of short
      asignnts away Cron their primaty worksites that interrupt the ce-year
      tin 1altatiou, while the former class receives per dies allownces for
      only the Initial one-year period.  In this connection you hre requsted
      tis Office to rule on the legality of this agency policy.

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