90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session REPORT {No. 1868 ALLOWANCE FOR EMPLOYEES ASSIGNED TO DUTY AT REMOTE WORKSITES SEPTEMBER 5, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. UDALL, from the Committee on Post Office and Civil Service, submitted the following REPORT [To accompany H.R. 12881] The Committee on Post Office and Civil Service, to whom was referred the bill (H.R. 12881) to authorize the payment of allowances to defray commuting expenses of civilian employees of executive agencies assigned to duty at remote worksites, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: That (a) section 5942 of title 5, United States Code, is amended to read as follows: "§ 5942. Allowance based on duty at remote worksites "Notwithstanding section 5536 of this title, an employee of an Executive agency who is assigned to duty, except temporary duty, at a site so remote from the nearest established communities or suitable places of residence as to require an appreciable amount of expense, hardship, and inconvenience on the part of the employee in commuting to and from his residence and such worksite is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. However, the allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid and defining and designating those sites, areas, and groups of positions to which the rates apply." (b) The table of contents of subchapter IV of chapter 59 of title 5, United States Code, is amended by striking out "5942. Allowance based on duty on California offshore islands or at Nevada Test Site." and inserting in lieu thereof "5942. Allowance based on duty at remote worksites.". SEC. 2. Notwithstanding section 5536 of title 5, United States Code, and the amendments made by the first section of this Act, and until the effective date of regulations prescribed by the President under such amendments (1) allowances may be paid to employees under section 5942 of title 5, United States Code, and the regulations prescribed by the President under such section, as in effect immediately prior to the date of enactment of this Act; and (2) such regulations may be amended or revoked in accordance with such section 5942 as in effect immediately prior to such date of enactment. EXPLANATION OF THE AMENDMENT The purpose of the amendment and a detailed explanation are set forth hereafter in this report under the headings "Purpose" and "Explanation of the Bill." PURPOSE It is the purpose of this legislation to provide general authorization for the payment of an allowance, not to exceed $10 a day, to defray the commuting expenses of civilian employees of executive agencies assigned to duty at remote worksites. STATEMENT This legislation is patterned after existing law (5 U.S. Code 5942) which authorizes an allowance, not to exceed $10 a day, for employees assigned to duty "on one of the California offshore islands or at the United States Atomic Energy Commission Nevada Test Site, including the Nuclear Rocket Development Station". The committee amendment rewrites the provisions of existing law to remove references to particular worksites, such as the California offshore islands, and to provide general legislative authorization for the allowance to be provided for all employees of executive agencies, except employees on temporary duty, where valid circumstances justify the payment of an allowance. The validity of the circumstances and the rates at which the allowance is to be paid, not to exceed $10 a day, will be determined under regulations to be prescribed by the President. The committee believes that it is most inappropriate and most inequitable to specify particular remote worksites, as in 5 U.S. Code 5942, at which an allowance will be paid, when there are other remote worksites having similar conditions at which employees receive no commuting allowance. The committee believes that authority should be given to the executive branch to determine remote worksites at which conditions justify the payment of a commuting allowance. The committee amendment will grant the authority to the executive branch to provide a daily commuting allowance to those remote worksites where circumstances justify the payment of a commuting allowance, and contains sufficient flexibility for all employees to be treated on an equitable and equal basis. The regulations controlling the payment of the allowance under existing law are set forth below: [Circular No. A-77] EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., June 9, 1966. To: The Heads of Executive departments and establishments. Subject: Regulations governing payment of allowances to civilian employees of the United States assigned to duty at the Nevada Test Site, including the Nuclear Rocket Development Station, of the United States Atomic Energy Commission. 1. Purpose. This circular prescribes regulations under which an allowance may be paid to civilian employees of the United States. assigned to duty, other than temporary duty, at the Nevada Test Site (NTS) including the Nuclear Rocket Development Station (NRDS), of the U.S. Atomic Energy Commission. Such allowances, within a statutory maximum of $10 per day, are authorized by the act of March 31, 1966, Public Law 89-383. That act provides that the allowances shall be paid in accordance with regulations prescribed by the President which shall establish the rates at which the allowances will be paid and which will define the areas and groups of positions to which such rates shall apply. The authority vested in the President by this act was delegated to the Director of the Bureau of the Budget by Executive Order 11275, dated March 31, 1966, which amended Executive Order 11230, dated June 28, 1965. 2. Area to which the allowance applies.-The allowance applies to the area designated as the U.S. Atomic Energy Commission Nevada Test Site, including the Nuclear Rocket Development Station. 3. Employees eligible to receive the allowance. (a) Payment of the allowance is authorized to civilian employees of any Federal agency presently or hereafter assigned to a permanent duty station within the area specified in paragraph 2 above. (An employee's permanent duty station is generally considered to be the place at which the employee ordinarily would be required to spend the greater part of his time. Under decisions of the Comptroller General authority does not exist to designate a location as an employee's permanent duty station without regard to such factor. (36 Comp. Gen. 161; 32 id. 87; 31 id. 289.) (b) Civilian employees of any Federal agency whose permanent duty stations are located elsewhere, but who are assigned to temporary duty in official travel status at NTS, are not eligible to receive the allowance. Entitlement to transportation and per diem allowances payable in such instances is governed by the provisions of the Standardized Government Travel Regulations. (c) Payment of an allowance authorized by this circular will preclude the payment of a per diem allowance under other authority while on duty at NTS. Use of a Government-owned motor vehicle for the purpose of transporting an employee between his residence and duty station is not authorized. (See 5 U.S.C. 78(c) (2)). Payment of mileage for use of a privately owned conveyance for such purpose is also unauthorized. 4. Conditions under which the allowance applies.- (1) have a local residence in Las Vegas, Nev., or its suburbs, or reside at another locality which is 65 road miles or more from his duty station at NTS, and normally commute; that is, travel back and forth on a daily basis between his residence and duty station; (an employee will not be disqualified from receiving the prescribed allowance by reason of failure to return to his residence during any 24-hour period if officially required to remain at the site or if the scheduling of operations or nature of the assigned work would make it impractical to leave the site); or (2) be required to reside at NTS for the benefit of the Government. Each agency will prescribe its own internal procedures and the extent of documentation for application to those situations where an official requirement for remaining at the Site exists. (b) The allowance is payable to employees described in paragraph 4(a) for each calendar day, or part thereof (if absence is officially approved prior to or after reporting for duty), worked at NTS. Certification as to days worked at NTS will be made on the time and attendance report. (c) The allowance is not payable on days the employee is not on duty at NTS as, for example, days when the employee is in: (1) annual, sick or other leave, or approved absence, status; (2) travel status; or (3) nonwork status because of a legal holiday or a "closed day" required by Executive or administrative order. 5. Prescribed rates. The following rates of allowance are hereby established to be paid for each full or part calendar day during which the employee is on duty, other than temporary duty, at the specified duty stations within NTS, subject to all other conditions of this circular: (a) Mercury, Nev., $5. (b) "Other Duty Stations" at NTS, including NRDS, $7.50. 6. Object Classification. For purposes of Bureau of the Budget Circular No. A-12, these allowances will be classified under Object Class 12, Personnel Benefits. 7. Adjustment in rates of payment.-If after careful deliberation an agency determines that modification of an allowance to an amount other than is prescribed in paragraph 5 merits consideration, the agency will transmit to the Bureau of the Budget an appropriate recommendation for adjustment of the allowance, supported by cost data and an explanation of the need for the suggested change. The allowance may not be adjusted without prior approval by the Bureau of the Budget. 8. Periodic review.-Agencies making payments under this circular will report to the Bureau of the Budget not later than April 1 of each year concerning the continuing need for the allowance, the number of employees currently affected and any developments regarding suitable communities closer to the employees' official duty stations. If, in the interim, adequate communities nearer NTS are developed, this fact will be reported to the Bureau of the Budget as soon as practicable. 9. Limitation. No provision is made for any retroactive reimbursement under section 3 of the act of March 31, 1966, Public Law 89-383. 10. Effective date. The regulations prescribed by this circular are effective as of March 31, 1966. CHARLES L. SCHULTZE, Director. JUSTIFICATION AND NEED The need for this legislation was brought to the attention of the committee upon introduction of bills by several members of the California delegation (H.R. 10342 by Mr. Pettis, H.R. 12881 by Mr. Charles H. Wilson, and H.R. 18400 by Mr. Reinecke), who were aware of the serious conditions, hardship, injustice, and inequity imposed on employees at certain remote worksites in California. Fort Irwin, Calif., is one such worksite where the average daily commuting distance is 108 miles. The problem at Fort Irwin arises exclusively from the remoteness of the installation from any habitable civilian community, and because quarters are not provided at Fort Irwin for the vast majority of civilian employees or their dependents. The employees are commuting from the communities of Barstow, 76 miles; Lenwood, 82 miles; Daggett, 92 miles; Hinkley, 92 miles; Yermo, 94 miles; Newberry, 130 miles; Helendale, 112 miles; Hesperia, 146 miles; and Victorville, 132 miles. These employees have no alternative but to spend up to 2%1⁄2 hours average per day in traveling to and from work. The access road from Barstow to Fort Irwin is a narrow, two-lane, blacktop pavement across isolated desert terrain where temperatures range from 18° to 122° Fahrenheit. Driving is hazardous in view of the sharp curves around passes and the presence of soft shoulders on the entire length of the roadbed. Winds have been reported as high as 135 miles per hour; resultant sandstorms contribute to the hazardous commuting conditions and result in abnormal wear on the vehicles. The highway, at many times, is considered to be unsafe. However, it is the only means of travel between Barstow and Fort Irwin. The long hours spent away from home each day because of the lengthy commuting time required for employees at Fort Irwin, and the expenses associated with travel to and from their homes, have taken its toll of professional, technical, and clerical employees. The conditions have generated a feeling of dissatisfaction among the employees and officials who are constantly faced with an extremely high turnover rate of approximately 35 percent, greatly in excess of the normal turnover for Federal employees. The nature of the hardship, inequity, and injustice imposed on commuting Federal employees at Fort Irwin, and the consequent impact on their morale, is highlighted by the fact that employees of private contractors, working on Government contracts at Fort Irwin, are compensated for working at this "hardship post." Also, the Federal Government recognizes the Fort Irwin-Goldstone Tracking Station vicinity as being a remote worksite for certain additional benefits. The NASA-Goldstone Tracking Station recognizes this situation through extra pay to all employees and the furnishing of expense-paid air-conditioned automobiles to and from their homes in Barstow and vicinities. Postal employees of the Barstow, |