B-178670, MAY 29, 1973

B-178670: May 29, 1973

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HAMPTON: REFERENCE IS MADE TO YOUR LETTER OF MAY 14. WE HAVE EXAMINED THE REGULATIONS AND RECOMMEND THAT CONSIDERATION BE GIVEN TO CLARIFYING THE REGULATIONS AS INDICATED BELOW. SINCE SUCH REGULATIONS HAVE ALREADY BEEN APPROVED. WE SEE NO REASON WHY THIS COULD NOT BE ACCOMPLISHED AT SOME LATER DATE WHEN OTHER AMENDMENTS ARE PROPOSED. IT IS SUGGESTED THAT SUBSECTIONS (A)(1) AND (B) BE COMBINED SO THAT THE TERM "SUITABLE PLACE OF RESIDENCE" COULD MORE READILY BE ASCERTAINED AS MEANING A RESIDENCE IN THE VICINITY OF COMMUNITY FACILITIES SUCH AS SHOPPING CENTERS. IT WOULD ALSO APPEAR TO BE DESIRABLE TO EXPAND SUBSECTION (A)(2) TO INDICATE MORE CLEARLY THAT DAILY COMMUTING WAS PRIMARILY PRECLUDED BECAUSE OF SUCH FACTORS AS LOCATION.

B-178670, MAY 29, 1973

RECOMMENDATIONS CONCERNING REGULATIONS RECENTLY APPROVED BY U.S.C.S.C. TO IMPLEMENT SECTION 5942, TITLE 5, U.S.C.

TO MR. ROBERT E. HAMPTON:

REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1973, REQUESTING OUR VIEWS CONCERNING THE REGULATIONS RECENTLY APPROVED BY THE CIVIL SERVICE COMMISSION TO IMPLEMENT SECTION 5942, TITLE 5, UNITED STATES CODE, AUTHORIZING THE PRESIDENT TO ESTABLISH AN ALLOWANCE, NOT TO EXCEED $10 A DAY, FOR EMPLOYEES WHO MUST COMMUTE LONG DISTANCES TO REMOTE WORK SITES.

WE HAVE EXAMINED THE REGULATIONS AND RECOMMEND THAT CONSIDERATION BE GIVEN TO CLARIFYING THE REGULATIONS AS INDICATED BELOW. HOWEVER, SINCE SUCH REGULATIONS HAVE ALREADY BEEN APPROVED, WE SEE NO REASON WHY THIS COULD NOT BE ACCOMPLISHED AT SOME LATER DATE WHEN OTHER AMENDMENTS ARE PROPOSED.

SECTION 591.302(B). WE SUGGEST THAT A REFERENCE TO SECTION 591.306(C) BE INSERTED AFTER "TEMPORARY RESIDENT" IN ORDER TO CLARIFY THE TERM "PERMANENT OR TEMPORARY RESIDENT."

SECTION 591.304. IT IS SUGGESTED THAT SUBSECTIONS (A)(1) AND (B) BE COMBINED SO THAT THE TERM "SUITABLE PLACE OF RESIDENCE" COULD MORE READILY BE ASCERTAINED AS MEANING A RESIDENCE IN THE VICINITY OF COMMUNITY FACILITIES SUCH AS SHOPPING CENTERS, ETC. IT WOULD ALSO APPEAR TO BE DESIRABLE TO EXPAND SUBSECTION (A)(2) TO INDICATE MORE CLEARLY THAT DAILY COMMUTING WAS PRIMARILY PRECLUDED BECAUSE OF SUCH FACTORS AS LOCATION, TERRAIN, WEATHER, ETC.

SECTION 591.309. THIS SECTION COULD BE INTERPRETED AS PERMITTING THE LOCATION TO BE DESIGNATED AS REMOTE SEVERAL YEARS FROM NOW WITH RETROACTIVE PAYMENTS TO JANUARY 8, 1971. WE UNDERSTAND, HOWEVER, FROM THE PROPOSED INSTRUCTIONS TO BE ISSUED TO ACCOMPANY THE REGULATIONS THAT THE COMMISSION INTENDS TO LIMIT RETROACTIVE DESIGNATION OF A REMOTE WORKSITE TO A CASE WHERE A REQUEST FOR SUCH DESIGNATION IS RECEIVED WITHIN 6 MONTHS OF THE DATE OF THE ISSUANCE OF THE REGULATIONS. ON THAT BASIS WE FIND NO OBJECTION TO THE RETROACTIVE PROVISION.