TRAVEL EXPENSE AMENDMENTS ACT OF 1974

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700030003-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 9, 2016
• Document Release Date: September 2, 2001
• Sequence Number: 3
• Publication Date: September 11, 1974
• Content Type: REPORT

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93o CoNGBESS
2d session
REPORT
No. 93-1142
TRAVEL EXPENSE AMENDMENTS
ACT OF 1974 -
REPORT
OF THE
COMMITTEE ON GOVERNMENT OPERATIONS
UNITED STATES SENATE
S. 3341
TO REVISE CERTAIN PROVISIONS OF TITLE 5, UNITED
STATES CODE, RELATING TO PER DIEM AND MILEAGE
EXPENSES OF EMPLOYEES AND OTHER INDIVIDUALS
TRAVELING ON OFFICIAL BUSINESS, AND FOR OTHER
PURPOSES
SEPTE B R 11, 1974.-Ordered to be printed
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OOMMITTEH ON GOVERNMENT OPERATION'S
SAM J. ERVIN, JR., North Carolina, Chairman
JOHN L. McCLELLAN, Arkansas CHARLES H. PERCY, Illinois
HENRY M. JACKSON, Washington JACOB K. JAVITS, New York
EDMUND S. MUSKIE, Maine EDWARD J. GURNEY, Florida
ABRAHAM RIBICOFF, Connecticut WILLIAM V. ROTH, JR., Delawere
LEE METCALF, Montana BILL BROCK, Tennessee
JAMES B. ALLEN, Alabama
LAWTON CHILES, Florida
SAM NUNN, Georgia
WALTER D. HUDDLESTON, Kentucky
ROBERT BLAND SMITH, Jr., Chief Counsel and Staff Director
JANET GAY HOLLIDAY, Chief Clerk
ELI E. NOBLEMAN, Counsel
W. P. GOODWIN, JR., Counsel
1. ROBERT VASTINE, Minority Counsel
BRIAN CoNBOY, Special Counsel for the Minority
W. THOMAS FoXWELL, Staff Editor
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Calendar No. 1091
93D CONGRESS I SENATE I R$roa~r
2d Session No. 1142
Mr. Metcalf, from the Committee on Government Operations,
submitted the following
REPORT
The Committee on Government Operations, to which was referred
the bill (S. 3341) to revise certain provisions of title 5, United States
Code, relating to per diem and mileage expenses of employees and
other individuals traveling on official business, and for other purposes,
having considered the same, reports favorably thereon, with an
amendment in the nature of a substitute, and recommends that the
bill as amended do pass.
Purpose
The purpose of this bill is to increase the amounts which may be
paid to regular employees of the Federal Government and to experts
and consultants employed intermittently, who are traveling on
official business, with respect to per diem in lieu of subsistence, and
reimbursement when payment of actual expenses is authorized. The
bill would also increase the mileage rates for the use of privately
owned vehicles used while on official business. These objectives would
be accomplished by amending existing travel expenses legislation
so as to more closely reflect the increased cost of official travel at the
present time.
The bill also establishes a procedure to adjust on a periodic basis
the mileage .reimbursement figures for employees who use privately
owned vehicles.
Explanation of Committee Action
As amended by the committee, the bill would amend section 5702
and 5703 of title 5, United States Code, formerly embodied in the
Travel Expense Act of 1949, as amended, by,
(1)
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(1) Increasing the per diem allowance for travel in the continen-
tal United States from the present rate of not to exceed $25 to a
minimum of $35;
(2) Increasing the maximum reimbursement for employees
authorized to travel on an actual expense basis within the con-
tinental United States from $40 to $50 per day; and
(3) Increasing from $18 to $23 per day the maximum actual
expense reimbursement for foreign travel authorized to be paid
in addition to the per diem established for that area.
The bill would also amend the Legislative Branch Appropriation
Act, 1957 (2 USC 68b) by increasing from $25 to $35 per day the
maximum amount which Senate Members and committee staffs
may receive for official travel within the continental United States,
and increases from $40 to $50 the reimbursements made on an actual
expense basis to such Senate employees.
In approving these increases, the committee took into consideration
the fact that (1) there has been no general increase in travel allowances
~inc'e 1969; (2) hotel and motel rates, the cost of food away from home,
and miscellaneous expenses related to official travel have increased
appreciably since that time; and (3) Federal employees engaged on
official travel on behalf of the U.S. Government should not have to
suffer financial losses.
As previously noted, the committee amended the statute which gov-
erns the travel allowances for Members and committee employees of
the Senate. The increase in the per diem and actual expense provisions
will simply provide Senators and committee employees with the same
travel allowances provided for other Federal employees on official
travel. It should be noted that this action is fully supported by
Chairman Cannon of the Committee on Rules and Administration,
in a letter to Chairman Metcalf of the Budgeting, Management, and
Expenditures Subcommittee (see p. 10).
The increase in actual expenses is believed.. necessary to cover those
instances in which Senate Members and employees are required to
travel on official business where travel costs are so. high that the per
diem is insufficient to reimburse their actual expenses. In this con-
nection, it should be noted that existing law permits payment of actual
expenses only if approved in advance by the Committee on Rules and
Administration, in accordance with its prescribed rules and regula-
tions.
The committee action alters the current Senate practice of not pro-
viding per diem or mileage allowances for Senators' personal staffs.
With certain limitations, the rates payable to employees of committee
staffs would also a pply to Senators' personal staffs traveling on official
Senate business. The travel would be paid from each Senator's Con-
solidated Allowance fund.
In addition, the legislation would increase the mileage. allowances to
be paid to Federal employees and other individuals who use privately-
owned vehicles on official Government business. The bill would
increase the mileage rate for the use of a privately-owned motorcycle 1
cent, from 8 cents to 9 cents; for a privately-owned automobile 4 cents,
from 12 cents to 16 cents; and for a privately-owned airplane, 8 cents,
from 12 cents to 20 cents. The bill also adds landing and tie-down fees
as a reimbursable expense for operating privately-owned aircraft.
The automatic mileage adjustment provision requires the Adminis-
trator of General Services to conduct a continuing investigation of
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and more frequently if he deems necessary, the Administrator shall
determine the average, actual cost of operating privately-owned
vehicles, based upon certain enumerated factors identified in the
legislation. The Administrator's determination shall be reported to
Congress within five days, and shall be printed in the Federal Register.
However, in no case may the adjusted figures be less than the base
figures established in this bill. The General Accounting Office is
given oversight authority over the conduct of, the General Services
Administration investigation which is to begin on that January 1 or
July 1 which first occurs after the enactment of this legislation.
Summary of Hearings
On June 6, 1974, the Subcommittee on Budgeting, Management, and
Expenditures held a hearing on S. 3341. Witnesses from the General
Accounting Office and the General Services Administration testified.
Public witnesses included :
Mr. Vincent L. Connery, president, National Treasury Employees
Union; Mr. Clyde Webber, national president, American Federation of
Government Employees; Mr. John McCart, operations director,
Government Employes Council, AFL-CIO; and Mr. Irving Geller,
on behalf of Nathan T. Wolkomir, president, National Federation of
Federal Employees.
Every witness agreed that the current per diem and mileage rates
for Federal employees are inadequate for expenses incurred while
traveling on official Government business. Witnesses disagreed, how-
ever, on the extent of the needed increases. Testimony also suggested
establishing procedures to provide for automatic adjustments to the
mileage rates, based on a continuing review and analysis of actual
operating expenses for privately owned vehicles.
S. 3341, as amended, was unanimously approved by the full Senate
Government Operations Committee on August 20, 1974, a quorum
being present.
Legislative History
By act of June 3, 1926, the Congress enacted the Subsistence Ex-
pense Act of 1926 (44 Stitt. 688) which established a maximum per
diem allowance in lieu of subsistence of $6 within the continental
limits of the United States and $7 beyond those limits (44 Stat. 689).
The Economy Act of June 30, 1932 (47 Stat. 405), reduced these
amounts to $5 and $6, respectively, reflecting a decrease in living costs.
By act of January 30, 1942 (56 Stat. 39), the original amounts were
restored, due in large part to the greatly increased living costs resulting
from the war and defense activities.
The Travel Expense Act of 1949 (63 Stat. 166) repealed the Sub-
sistence Expense Act of 1926, increased the per diem to an amount
not to exceed $9 in the continental United States and authorized
payments for travel outside the continental United States at rates
not in excess of those established by the Director of the Bureau of the
Budget. Members of Congress and employees of Senate and House
committees were excluded from coverage in this act, but were provided
for in other legislation.
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By act of July 28, 1955 (62 Stat. 393), the maximum per diem was
increased to $12, and a provision was added authorizing department
and agency heads to pay actual expenses, not to exceed $25 per day,
where the maximum per diem would be much less than the amount
required to cover actual and necessary expenses. The amount was to
be fixed in accordance with regulations promulgated by the Director
of the Bureau of the Budget. TRis act also increased the maximum per
diem in lieu of subsistence for Government consultants serving without
compensation from $10 to $15 per day and not to exceed $25 per day
if actual expenses were authorized.
Public Law 87-139 (August 14, 1961, 75 Stat. 339) :
(1) Increased the per diem for travel inside the continental
United States from $12 to $16 for regular and intermittent
Government employees;
(2) Increased from $25 to $30 the maximum which could be
reimbursed on an actual expense basis for travel within the
continental United States under unusual circumstances where it
was found that the regular $16 per day would be much less than
actual expenses;
(3) Authorized actual expense reimbursement up to $10 per
day for foreign travel, in addition to the maximums per diem
established for that area;
(4) Provided that the per diem allowance for travel outside
the continental United States could not exceed the rates estab-
lished by the President of the United States, or his designee,
for the locality where the travel is performed; and
(5) Made the increases for per diem and reimbursement for
actual expenses applicable to Members and employees l"of the
Senate committees by amending the legislation which provides
for their travel allowances.
Executive Order No. 10970 (26 F.R. 10149, October 27, 1961),
among other things, delegated to the Secretary of State the authority
to establish maximum rates of per diem allowances for travel in
foreign countries. Executive Order 11230 (30 F.R. 8447, July 2, 1965)
amended Executive Order 10970, and provided that the Director of
the Bureau of the Budget should prescribe regulations relating to
the allowance and payment of travel and other expenses for certain
Government employees. It did not transfer the authority of the
Secretary of State to establish rates for travel in foreign countries.
The House of Representatives has long followed the practice of
authorizing travel allowances in accordance with regulations pro-
mulgated by the Committee on House Administration. The Senate,
however, in its portion of the annual legislative branch appropriation
acts, has provided for travel allowances not to exceed those provided
for other Federal employees. Thus, prior to the enactment of the
Travel Expense Act of 1949, Members and employees of the Senate
were reimbursed at rates not in excess of those provided for by the
Subsistence Expense Act of 1926, as amended. This practice was
continued until 1956, when permanent legislation was enacted in
the Legislative Branch Appropriation Act, 1957 (70 Stat. 360, June 27,
1956).
In 1969, title 5 of the United States Code was further amended
to increase the per diem rates. Public Law 91-114 (83 Stat. 190,
November 10, 1969) increased the per diem allowance for travel
inside the continental United States from not to exceed the rate of
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$16 to not to exceed the rate of $25. It also increased the amount
authorized to be named in the travel authorization for each day
in a travel status inside the continental United States from not to
exceed $30 to not to exceed $40. Further, the law increased the amount
authorized to be named in the travel authorizations for each day in
a travel status outside the continental United States from not to
exceed the maximum per diem allowance plus $10 to not to exceed
the maximum per diem allowance plus $18. The same increases were
provided for experts and consultants and other individuals serving
without pay while traveling on official Government business.
Additionally, the 1969 amendments increased the maximum allow-
able per diem rate for employees of the Senate traveling on official
business from the existing $16 and $30 to the new $25 and $40 level,
respectively.
Presently, Senate Members and committee staff employees are
authorized allowances for travel in official business in continental
United States at the maximum rate of $25 per day; and, if authorized
actual expenses by the Senate Committee on Rules and Administration
and pursuant to its regulations, not more than $40 _per day on an
actual basis. Members and employees of the House of Representatives
have been authorized a travel allowance of $25 per day since
July 1, 1967.
On July 24, 1971, President Nixon issued Executive Order 11609
(36 F.R. 13747) which, among'other things, delegated certain func-
tions of the President provided for under the 1969 amendments to the
Administrator of General Services. This delegation included the
authority to establish maximum*rates of per diem and to prescribe
regulations relating to travel, subsistence expenses and mileage allow-
ances. Executive Order 11609 has been amended by Executive Order
11713 and Executive Order 11779. However, neither of these Execu-
tive Orders affects the authority of the Administrator to prescribe per
diem and mileage regulations.
Section-by-Section Analysis
The short title of this bill is the "Travel Expense Amendments
Act of 1974".
Subsection (a) of section 2 amends the "Definitions" section of
title 5, United States Code, by adding a new item 7, which defines
a "high cost locality" as any geographic location within the con-
tinental United States designated by regulation prescribed in section
5707 of title 5. The committee emphasizes that this designation is not
limited to cities or metropolitan areas, but may encompass any geo-
graphic location, including rural areas where Federal employees are
required to travel on official business.
Subsection (b) amends section 5702 of title 5 to provide that pur-
suant to. the regulations prescribed under section 5707 of this title,
an agency head may prescribe conditions under which an employee
may be reimbursed for the actual and necessary expenses of travel
when the per diem allowance would be less than the actual expenses
incurred due to :
(1) The circumstances of the travel, in which case the amount
for travel inside the continental United States may not exceed
$50; or the per diem allowance plus the $23 supplement for
travel outside the continental United States; or
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(2) The travel assignment to a "high cost locality", in which
case the amount named in the travel authorization may not
exceed the amount provided for in the regulations for that
"high cost locality."
The committee does not alter the current practice of authorizing
each agency head to establish conditions under which an employee
may be reimbursed for the actual and necessary expenses of the
travel when the per diem allowance is not sufficient to meet the
expenses of the travel required.
However, the committee has deleted the modifier "much" from
current law. The committee felt that this term was not needed. If
an employee could not meet the necessary expenses of the required
travel with the per diem allowance provided, travel under unusual
circumstances, or under the rate for a "high cost locality" would
seem justified.
Subsection (c) authorizes the Administrator of General Services to
specify, by regulation, any geographic location he deems to fall within
the definition of "high cost locality." For each such specified locality,
the Administrator shall also determine, by regulation, the daily amount
(not to exceed $50 per day) that may be paid for travel to that
locality.
Subsection (a) of section 3 establishes the per diem allowance for
employees traveling on official business within the continental United
States at $35. For travel outside the continental United States, the
per diem rate may not exceed the rate established by the President or
his designee for that locality where the travel is performed.
In subsection (b), the per diem allowance for an individual serving
without pay or at $1 per year is set at $35.
In subsection (c), the reimbursement for individuals serving without
pay, or at $1 a year for travel under unusual circumstances, is set at not
to exceed the maximum of $50 for travel within the United States, and
not to exceed the per diem plus $23 for foreign travel.
The reimbursement for Senate members and employees of Senate
committees pursuant to the Senate Legislative Branch Appropriation
Act, 1957, is set at a rate not to exceed $35 for per diem, and not to
exceed $50 for travel under unusual circumstances when authorized
by the Senate Committee on Rules and Administration.
Section 4 of S. 3341 amends section 5704 of title 5 to state that
except to the extent otherwise provided for under this section, and
under regulations prescribed under section 5707 of title 5, an employee
or other individual who is engaged on official business inside or
outside his designated post of duty or place of service is entitled to-
(1) 9 cents a mile for the use of a privately-owned motorcycle;
(2) 16 cents a mile for the use of a privately-owned automobile;
and
(3) 20 cents a mile for the use of a privately-owned airplane.
In addition to the mileage allowances provided for above, and in
accordance with other provisions of this section, an employee may be
reimbursed for parking fees; ferry fees; bridge, road and tunnel tolls;
and airplane landing and tiedown fees.
Subsection (c) of amended section 5704 requires the Administrator
of General Services to conduct a continuing investigation of the
average, actual cost a mile for the use of a privately-owned motor-
cycle, automobile, or airplane to the employee or other individual per-
forming service to the Government who is engaged on official business
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inside or outside the designated post of duty or place of service. In
conducting the investigation, the Administrator shall review and
analyze the following:
(1) depreciation of original vehicle cost;
(2) gasoline and oil (excluding taxes) ;
(3) maintenance, accessories, parts and tires;
(4) insurance; and
(5) State and Federal taxes.
These enumerated factors are to be considered the minimum that
the Administrator of General Services must take into consideration
in conducting the continuing investigation. Additionally, the Admin-
istrator shall meet at least once every 3 months with representatives
of the General Accounting Office, the Department of Transportation,
the Department of Defense, and organizations of employees of the
Government of the United States, and allow them the opportunity to
make their views personally known to him with respect to the
cost, the investigation, and the factors to be included in such
investigation (in addition to those mentioned in subsection (c)(1)).
Not later than January 10 and July 10 of each year, the Adminis-
trator shall determine, based on the results of his continuing investi-
gation with respect to the 6 full calendar months preceding the month
in which the determination is made, specific figures, rounded to the
nearest one-half cent, of the average, actual cost a mile during that
six-month period, for the use of a privately-owned motorcycle, auto-
mobile, and airplane. Within 5 days of such determination, the
Administrator shall report such figures to Congress. Each such report
shall also include a detailed description of the factors utilized in
conducting the investigation, and shall be printed in the Federal
Register.
The cent figures contained in paragraphs (1), (2), and (3) of sub-
section (a) of section 5704, or any adjustments previously made to.
those figures and in effect, shall be adjusted, as of the first day of the
first month following submission of that report, to the figures deter-
mined and reported by the Administrator. Those figures shall not be
less than the figures in effect in subsection (a) of section 570-1 im-
mediately after enactment of this legislation. The figures reported by
the Administrator shall also be included as of the first day of the first
month following the determination and report in the regulations pre-
scribed under section 5707 of this title.
The committee stresses that the requirement for a semiannual
determination by the Administrator of the average, actual cost of
operating privately-owned vehicles does not preclude the Admin-
istrator from more frequently than semiannually adjusting the figures
provided for in paragraphs (1), (2), and (3) of subsection (a) of section
5704, if, based on, the results of his continuing investigation., such
an adjustment is warranted. The committee does point out, however,
that a determination of the cost of operating privately-owned vehicles
must be made at least by January 10 and July 10 of each year.
Subsection (d) of amended section 5704 provides that the Comp-
troller General of the United States shall, from time to time, review
the continuing investigation of the Administrator and. make such
reports to Congress with respect to his review as he considers
appropriate.
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Section 4(b) of S. 3341 provides that the continuing investigation
referred to in subsection (a) of this section shall begin on that Jan-
uary 1 or July 1 which first occurs after the date of enactment of this
Act.
Section 5 makes several amendments to section 506 of the Supple-
mental Appropriations Act, 1973, which would permit a Senator's per-
sonal staffs to be reimbursed for official travel on the same basis that
committee staff are now reimbursed for official travel. The amend-
ments would thus allow Senate personal staff to receive per diem ex-
penses for official travel to the hone State of the Senator for whom
they work. The per diem reimbursement would be in addition to the
reimbursement for transportation expenses, which are already reim-
bursed by the. Senate.
In order to help ensure that there is no inappropriate use of the per
diem expense reimbursement, the amendments provide that there shall
be no such reimbursement within 120 days. of any primary or general
election in which the Senator is a candidate.
In addition, any claim for per diem expenses would have to be
signed by the Senator whose staff claims the reimbursement. This is
a standard Senate form which must now be signed by Committee and
Subcommittee Chairmen. It certifies that. the expenditure is correct
and that the services being reimbursed were rendered for the use of
the Senate. Thus, each time a- Senator authorizes per diem reimburs;e-
rnent for his staff, he would have to vouch personally that the travel
was for the purposes of Senate business.
Section 6 provides that the expenses incurred as a result of the in-
cre,ases in the per diem and mileage allowances made by this Act. must
be absorbed by the existinm funds of the department, agency, or
branch of the Government. Further, no amount shall be appropriated
for fiscal year 1975 to pay for such increases.
Conclusions
The committee has been advised by the General Services Admin-
istration that official government travel by Federal employees totals
an estimated 9.4 million man-days each year. Although official travel
is necessary to the conduct of Government business, it is exceedingly
costly, both to the traveler and the Government. In view of strong
pressures for economy and the reduction of Government expenditures,
the committee urges that a determined effort be made by all depart-
ments and agencies to limit official travel to the minimum consistent
with the effective and efficient conduct of Government business. The
committee desires to make clear, however, that when Federal
employees travel on official Government business, they should not be
expected, or required, to suffer financial losses.
We are in a period of high prices and rising costs. Thus, although
necessary steps have been taken to enable Government employees
to meet their personal, ever-increasing costs of living, nothing has
been done since 1969 to enable the Government to meet its obligations
to those employees who are required to travel in the course of their
work assignment.
Following an analysis of available statistics relative to travel costs,
the committee has concluded that a per diem of $35 and the mileage
figures established in this bill are fair and equitable under current
economic conditions in the United States.
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Estimated Cost of Legislation
The General Services Administration estimates the additional
annual per diem cost as proposed in S. 3341, as amended, will be
approximately $94 million. The GSA estimates that the additional
annual costs of privately owned vehicle operation as proposed in
S. 3341, as amended, will be approximately $15.2 million.
The committee expects the per diem cost to be approximately the
same for the next 5 fiscal years, provided the estimated man-days of
travel remains relatively constant. Due to the legislative provisions for
periodic and automatic adjustments for mileage based on a continuing
investigation and determination by the Administrator of General
Services, it is impractical for the committee to estimate mileage costs
for the next 5 fiscal years.
Correspondence With Rules Committee
U.S. SENATE,
COMMITTEE ON GOVERNMENT OPERATIONS,
SUBCOMMITTEE ON BUDGETING,
MANAGEMENT, AND EXPENDITURES,
Washington, D.C., July 16, 1974.
Hon. HOWARD W. CANNON,
Chairman, Committee on Rules and Administration, 305 Russell Senate
Office Building, Washington, D.C.
DEAR CHAIRMAN CANNON: The Subcommittee on Budgeting, Man-
agement, and Expenditures is currently considering S. 3341, a bill to
revise certain provisions of title 5, United States Code, relating to per
diem and mileage expenses for employees and other individuals travel-
ing on official business,. and for other purposes. A hearing was held on
June 6. Based on that hearing, S. 3341 was revised to reflect both
witnesses' and staff proposals.
As part of the revised S. 3341, a provision has been added to increase
the maximum per diem allowances paid to Senators and Senate com-
mittee staffs traveling on official business from the current $25 to
$35, and to increase travel under unusual circumstances from $40 to
$50. This provision would only apply to staffs of Senate committees.
Additionally, S. 3341 would amend section 5704 of title 5 to establish
minimum rates for reimbursement for mileage expenses for the use of
privately owned vehicles. Specifically, the bill would set the rates at:
(a) 9 cents a mile for privately owned motorcycles;
(b) 16 cents a mile for privately owned automobiles; and
(c) 20 cents a mile for privately owned aircraft.
As drafted, the bill would establish these rates as absolute minimums,
with a provision for periodic readjustments by the Administrator of
General Services. While these higher rates would alter the current
mileage figures provided for by law, the proposal would not amend
the current Senate practice of permitting committee chairmen to
establish appropriate mileage reimbursement for their committee
members and staffs.
I would appreciate your views as to the suitability of including these
provisions in. this legislation. I would hope that including these
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10
sections would not delay the passage of this needed legislation. I
appreciate your assistance in this regard.
Very truly yours,
(Signed) LEE METCALF,
Chairman.
U.S. SENATE,
COMMITTEE ON RULES AND ADMINISTRATION,
Washington, D.C., July 17, 1974.
Hon. LEE METCALF,
Chairman, Subcommittee on Budgeting, Management, and Expenditures,
Committee on Government Operations, U.S. Senate, Washington, D.C.
DEAR LEE: Thank you for your letter of July 16 advising me con-
cerning your proposed amendments to the sections in title 5 of the
United States Code pertaining to per diem and mileage expenses
for Senators and Senate staff members traveling on official committee
business.
At its meeting on June 4, 1974, the Committee on Rules and
Administration approved changes in the U.S. Senate Travel Regula-
tions which would allow for adjustment of the mileage rates upon
enactment of your bill amending the statute increasing mileage
rates from 12 to 16 cents for privately owned automobiles; from
12 to 20 cents for privately owned planes; and from 8 to 9 cents for
privately owned motorcycles.
The per diem maximums in the revised travel regulations were
left at a rate of not to exceed $25 for normal per diem and not to
exceed $40 for per diem during travel to areas of unusually high ex-
penses, but these figures would be automatically increased to $35
and $50 upon enactment of your bill.
?II behalf of the Committee on Rules and Administration, and
with the understanding that your proposed amendments would not
change the current Senate practice of permitting committee chairmen
to establish appropriate maximum mileage reimbursement for their
committee and staff members, I would support the proposals set
forth in your letter.
With all best wishes,'
Sincerely,
(Signed) HOWARD W. CANNON,
Chairman.
Changes in Existing Law
111 compliance with subsection 4 of rule XXIX of the Standing Rules
of the Senate, changes in existing law made by the bill as reported are
shown as follows (existing law proposed to be changed enclosed in
black brackets, new matter in italic, existing law in which no change
is proposed to be made in roman) :
TITLE 2 UNITED STATES CODE
SEC. 58. MAIL, TELEGRAPH, TELEPHONE, STATIONERY, OFFICE SUPPLIES,
AND 110311: STATE OFFICE RENTAL AND TRAVEL EXPENSES FOR
SENATORS.
(a) Authorization for payments from contingent fund.
(1)
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(8) reimbursement of [actual transportation expenses] travel
expenses incurred by the Senator in traveling on official business
by the nearest usual route between Washington, District of
Columbia, and the State he represents and within such State, and
actual transportation expenses incurred by employees in that
Senator's office subject to the provisions of subsection (e) of this
section.
Reimbursement to a Senator and his employees under this section
shall be made only upon presentation of itemized vouchers for ex-
pensesincurred.
[(e) Transportation expenses.
[Actual transportation expenses incurred by an employee, in a
Senator's office --,hall be paid under this section only for such expenses
incurred in making round trips on official business by the nearest usual
route between Washington, District of Columbia, and the home State
of the Senator involved, and in traveling within that State (other
than transportation expenses incurred by an employee assigned to a
Senator's office within that State (1) while traveling in the general
vicinity of such office, (2) pursuant, to a change of assignment within
such State, or (3) in commuting between home and office). No pay-
ment shall be made under this section to or on behalf of a newly ap-
pointed employee to travel to his place of employment.]
(e) Travel expenses.
In accordance with regulations prescribed by the Committee on
Rules and Administration, an employee in a Senator's office shall be
reimbursed under this section for per diem and actual transportation
expenses incurred, or actual travel expenses incurred. only for round
trips made by the employee on offs ial business by the nearest usual
route between Washington, District of Columbia, and the home State
of the Senator involved, and in traveling within that State (other
than transportation expenses incurred by an, employee assigned to a
Senator's office within that State (1) while traveling in the general
vicinity of such ofice, (2) pursuant to a change of assignment
within such State, or (3) in commuting between, home and office).
However, an employee shall not be reimbursed for any per diem. ex-
penes or actual travel expenses (other than actual transportation
expenses) for any travel occurring during the 120 days immediately
before the date of any primary or general election (whether regular,
special, or runoff) in whic t, the Senator, in whose office the employee
is employed, is a candidate for public ofzce. Peimbursement of per
diem, and actual travel expenses shall not exceed the rates established
in accordance with the seventh paragraph under the h.eadina "Admen-
istrative Provisions" in the Senate appropriation in the Legislative
Branch Appropriation, Act, 1957 (2 U.S.C. G8b). No payment shall
be made under this section to or on behalf of a newly appointed em-
ployee to travel to his place of employment.
SEC. 68b. SAME; PER DIEM AND SUBSISTENCE EXPENSES.
No part of the appropriations made under the heading "Contingent
Expenses of the Senate" on and after June 27, 1956 may be expended
for per diem and subsistence expenses (as defined in the Travel Ex-
pense Act of 1949, as amended) at rates in excess of [$251 $35 per,
day; except that (1) higher rates may be established by the Committee
on Rules and Administration for travel beyond the limits of the
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continental United States, and (2) in accordance with regulations
prescribed by the Committee on Rules and Administration of the
Senate, reimbursement for such expenses may be made on an actual
expense basis of not to exceed [$40~] ,8'50 per day in the case of travel
within the continental limits of the United States.
SEC. 5701. DEFINITIONS.
For the purpose of this subchapter-
(1) "agency" means-;
(A) an Executive agency;
(B) a military department;
(C) an office, agency, or other establishment in the
legislative branch;
(D) an office, agency, or other establishment in the
judicial branch; and
(E) the government of the District of Columbia;
but does not include-
(i) a Government controlled corporation;
(ii) a Member of Congress; or
(iii) an office or committee of either House of Congress
or of the two Houses;
(2) "employee" means an individual employed in or under
an agency;
(3) "subsistence" means lodging, meals, and other necessary
expenses for the personal sustenance and comfort of the traveler;
? (4) "per diem allowance" means a daily flat rate payment
instead of actual expenses for subsistence and fees or tips to
porters and stewards;
(5) "Government" means the Government of the United
States and the government of the District of Columbia; [and]
(6) "continental United States" means the several States and
the District of Columbia, but does not include Alaska or Hawaii
[.] ; and
(7) "high cost locality" means any geographic location within the
continental United States designated by regulations prescribed under
section 5707 of this title.
SEC. 5702. PER DIEM; EMPLOYEES TRAVELING ON OFFICIAL BUSINESS-
[(a) An employee, while traveling on official business away from
his designated post of duty, is entitled to a per diem allowance pre-
scribed by the agency concerned. For travel inside the continental
United States, the per diem allowance may not exceed the rate of
$25. For travel outside the continental United States, the per diem
allowance may not exceed the rate established by the President or
his designee, who may be the Director of the Bureau of the Budget
or another officer of the Government of the United States, for the
locality where the travel is performed.]
(a) An employee, while traveling on official business away ,from his
designated post of duty, is entitled to a per diem allowance. For travel
inside the continental United States, the per diem allowance shall be
$35. For travel outside the continental United States, the per diem al-
lowance may not exceed the rate established by the President or his designee
for the locality were the travel is performed.
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(b) Under regulations prescribed under section 5707 of this title,
an employee who, while traveling on official business away from his
designated post of duty, becomes incapacitated by illness or injury
not due to his own misconduct is entitled to the per diem allowances,
and transportation expenses to his designated post of duty.
[(c) Under regulations prescribed under section 5707 of this title,
the head of the agency concerned may prescribe conditions under
which an employee may be reimbursed for the actual and necessary
expenses of the trip, not to exceed an amount named in the travel
authorization, when the maximum per diem allowance would be
much less than these expenses due to the unusual circumstances of
the travel assignment. The amount named in the travel authorization
may not exceed-
[(1) $40 for each day in a travel status inside the continental
United States; or
[(2) the maximum per diem allowance plus $18 for each day in
a travel status outside the continental United States.]
(c) Under regulations prescribed under section 5707 of this title,
the head of the agency concerned may prescribe conditions under which an
employee may be reimbursed for the actual and necessary expenses of the
trip, not to exceed an amount named in the travel authorization, when
the per diem allowance would be less than those expenses due to-
(1) the unusual circumstances of the travel assignment, in which
case the amount named in the travel authorization may not exceed-
(A) $50 f or each day in a travel status inside the continental
United States; or
(B) the per diem allowance established under subsection (a)
of this section plus $23 for each day in a travel status outside the
continental United States; or
(2) a travel assignment to a high cost locality, in which case the
amount named in the travel authorization may not exceed the daily
amount provided in those regulations for that locality.
(d) This section does not apply.to a justice or judge except to the
extent provided by section 456 of title 28.
SEC. 5703. PER DIEM, TRAVEL, AND TRANSPORTATION EXPENSES;
EXPERTS AND CONSULTANTS; INDIVIDUALS SERVING WITH-
OUT PAY.
(a) For the purpose of this section, "appropriation" includes funds
made available by statute under section 849 of title 31.
(b) An individual employed intermittently in the Government
service as an expert or consultant and paid on a daily when-actually-
employed basis may be allowed travel expenses under this subchapter
while away from his home or regular place of business, including a
per diem allowance under this subchapter while at his place of
employment.
(c) An individual serving without pay or at $1 a year may be
allowed transportation expenses under this subchapter and a per diem
allowance under this section while en route and at his place of service
or employment away from his home or regular place of business. Un-
less a higher rate is named in an appropriation or other statute, [the
per diem allowance may not exceed--] the per diem allowance shall be-
(1) [the rate of $25] x$35 for travel inside the continental
United States; and
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(2) the rates established under section 5702(a) of this title for
travel outside the continental United States.
(d) Under regulations prescribed under section 5707 of this title,
the head of the agency concerned may prescribe conditions under
which an individual to whom this section applies may be reimbursed
for the actual and necessary expenses of the trip, not to exceed an
amount named in the travel authorization, when the maximum per
diem allowance would be [much] less than these expenses due to the
unusual circumstances of the travel assignment. The amount named
in the travel authorization may not exceed-
(1) [$40] $50 for each day in a travel status inside the con-
tinental United States; or
(2) the maximum per diem allowance plus [$18] $23 for each
day in a travel status outside the continental United States.
SEC. 5704. MILEAGE AND RELATED ALLOWANCES.
[(a) Under regulations prescribed under section 5707 of this title,
an employee or other individual performing service for the Govern-
ment, who is engaged on official business inside or outside his desig-
nated post of duty or place of service, is entitled to not in excess of-
[(1) 8 cents a mile for the use of privately owned motorcycle; or
[(2) 12 cents a mile for the use of a privately owned auto-
mobile or airplane;
instead of the actual expenses of transportation when that mode of
transportation is authorized or approved as more advantageous to
the Government. A determination of advantage is not required when
payment on a mileage basis is limited to the cost of travel by common
carrier including per diem.
[(b) In addition to the mileage allowance under subsection (a) of
this section, the employee or other individual performing service for
the Government may be reimbursed for-
[(1) parking fees;
[(2) ferry fares; and
[(3) bridge, road, and tunnel tolls.]
(a) Except to the extent otherwise provided under this section, and under
regulations prescribed under section 5707 of this title, an employee or
other individual performing service for the Government, who is engaged on
official business inside or outside his designated post of duty or place of
service, is entitled to-
(1) 9 cents a mile for the use of a privately owned motorcycle;
(2) 16 cents a mile for the use of a privately owned automobile; or
(3) 20 cents a mile for the use of a privately owned airplane;
instead of the actual expenses of transportation when that mode of trans-
portation is authorized or approved as more advantageous to the Govern-
ment. A determination of advantage is not required when payment on a
mileage basis is limited to the cost of travel by common carrier including
per diem.
(b) In addition to the mileage allowance provided in accordance with
the other provisions of this section, the employee or other individual per-
forming service for the Government may be reimbursed for-
(1) parking fees;
(2) ferry fares;
(3) bridge, road, and tunnel tolls; and
(4) airplane landing and tiedown fees.
(c) (1) The Administrator of General Services shall conduct a continuing
investigation of the average, actual cost a mile, to the employee or other
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individual performing service for the Government who is engaged on
official business inside or outside the designated post of duty or place of
service, for the use of a privately owned motorcycle, automobile, and air-
plane. In conducting the investigation, the Administrator shall review and
analyze the following:
(A) depreciation of original vehicle cost;
(B) gasoline and oil (excluding taxes);
(C) maintenance, accessories, parts, and tires;
(D) insurance; and
(E) State and Federal taxes.
The Administrator, in conducting such investigation, shall meet at
least once every 3 months with representatives of the General Account-
ing Office, the Department of Transportation, the Department o De-
f ense, and organizations of employees of the Government of the United
States, and allow them to make their views personally known to him with
respect to such average, actual cost.
(2) Not later than January 10 and July 10 of each year, the Adminis-
trator shall determine, based upon the results of his continuing investiga-
tion with respect to the 6 full calendar months preceding the month in
which the determination is made, specific figures, each rounded to the
nearest one-half cent, of the average, actual cost a mile during that period
for the use of a privately owned motorcycle, automobile, and airplane.
The Administrator shall report such figures to Congress not later than 5
days after he makes his determination. Each such report shall also include
a detailed description of the factors utilized in conducting the investiga-
tion during such 6-month period. Each such report shall be printed in the
Federal Register. The cent figures contained in paragraphs (1), (2), and
(3) of subsection (a) of this section, or any adjustments previously made
thereto and in effect under this subseirtion, shall be adjusted, as of the
first day of the first month following the submission of that report, to
the figures so determined and reported by the Administrator. Those
figures shall not be less than the figures in effect under subsection (a) of
this section immediately of ter enactment of the Travel Expense
Amendments Act of 19711. Those reported figures shall also be included
as of such day in the regulations prescribed under section 5707 Of this
title.
(d) The Comptroller General shall from time to time review the continu-?
ing study of the Administrator and make reports to Congress with respect
to his review as he considers appropriate.
SEC. 5707. REGULATIONS.
(a) The Director of the Bureau of the Budget shall prescribe regula-
tions necessary for the administration of this subchapter. The fixing,
payment, advancement, and recovery of travel allowances, and the
reimbursement of travel expenses, under this subchapter shall be in
accordance with the regulations. This section does not apply to the
fixing or payment of a per diem allowance under section 5703(c) of
this title.
(b) The regulations prescribed by the Administrator shall include the
designation of any high cost locality with respect to which the Adminis-
trator determines that the per diem allowance established under section
5702(a) of this title would be less than the actual and necessary expenses
incurred in traveling to that locality. The Administrator shall establish
for each high cost locality, the daily amount (not to exceed $50 for each
day) that ma be paid under section 5702(c) (2) of this title in traveling
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