REPORT OF THE COMMITTEE ON GOVERNMENT OPERATIONS UNITED STATES SENATE TO ACCOMPANY S. 172 TRAVEL EXPENSES AMENDMENTS ACT OF 1976

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800080003-6
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• Document Creation Date: December 12, 2016
• Document Release Date: December 17, 2001
• Sequence Number: 3
• Publication Date: March 12, 1976
• Content Type: REPORT

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94TH CONGRESS
1st Session
REPORT
No. 94-42
TRAVEL EXPENSES AMENDMENTS ACT
OF 1975
REPORT
OF THE
COMMITTEE ON GOVERNMENT OPERATIONS
UNITED STATES SENATE
TO ACCOMPANY
S. 172
TRAVEL EXPENSES AMENDMENTS ACT OF 1975
U.S. GOVERNMENT PRINTING OFFICE
38-010 WASHINGTON : 1975
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COMMITTEE ON GOVERNMENT OPERATIONS
ABRAHAM RIBICOFF, Connecticut, Chafrman
JOHN L. MCCLELLAN, Arkansas CHARLES H. PERCY, Illinois
HENRY M. JACKSON, Washington JACOB K. JAVITS, New York
EDMUND S. MUSKIE, Maine WILLIAM V. ROTH, JR., Delaware
LEE METCALF, Montana BILL BROCK, Tennessee
TAMES B. ALLEN, Alabama LOWELL P. WEICKER, JR., Connecticut
LAWTON CHILES, Florida
SAM NUNN, Georgia
JOHN GLENN, Ohio
RiCasRD A. WEGsIAN, Chief Counsel and Staff Director
PAUL HOFF, Counsel
CLIFTON LEONHARDT, Counsel
PAUL L. LEVENTHAL, Counsel
ELI E. NOBLEMAN, Counsel
MATTHEW SCHNEIDER, Counsel
d. ROBERT VASTINE, Chief Counsel to the Minority
BRIAN ConeoY, Special Counsel to the Minority
MARILYN A. HARRIS, Chief Clerk
ELIZABETH A. PREAST, Assistant Chief Clerk
HAROLD C. ANDERSON, Editor
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Calendar No. 44
94TH CONGRESS SENATE REPORT
1st Session s No. 94-42
TRAVEL EXPENSES AMENDMENTS ACT OF 1975
MARCH 18 (legislative day, MARCH 12); 1975.-Ordered to be printed
Mr. METCALF, from the Committee on Government Operations,
submitted the following
REPORT
The Committee on Government Operations, to which was referred
the bill (S. 172) a bill to revise certain provisions of title 5, United
States Code, relating to per diem and mileage expenses of Government
employees, and for other purposes (Travel Expenses Amendments Act
of 1975), having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
The amendments are as follows:
On page 8, strike out lines 1, 2, and 3 and insert the following:
(1) by striking our "actual transportation expenses incurred
by employees" in subsection (a) (8) and inserting in lieu thereof
"travel expenses incurred by employees"; and
Amend the title so as to read:
A bill to revise certain provisions of title 5, United States
Code, relating to per diem and mileage expenses of Govern-
ment employees, and for other purposes.
PURPOSE
The purpose of S. 172 is to (1) increase the maximum amounts which
may be paid to regular employees of the Federal Government, and to
consultants and experts 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; (2)
increase the mileage rates for the use of privately-owned vehicles used
while traveling on official business; and (3) require the Administrator
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of General Services to make a determination with respect to the cost
of travel and the operation of privately-owned vehicles and adjust the
rates, at least once each year, subject to stated limitations. It would
accomplish these objectives by amending existing travel expense
legislation so as to reflect more closely the greatly increased cost, of
travel at the present time.
S. 172 would:
(1) Under regulations prescribed by the Administrator of
General Services (a) increase the per diem for employees author-
ized to travel in the continental United States from the present
maximum rate of $25 to not to exceed $35, and (b) increase the
maximum reimbursement for employees authorized to travel on an
actual expense basis in continental United States from a maximum
of $40 per day to not to exceed $50;
(2) Authorize the President, or his designee, to establish the
per diem allowance for travel outside the continental United
States, and authorize the Administrator of General Services, by
regulation, to prescribe conditions under which an employee may
be reimbursed for actual and necessary expenses, not to exceed $21
for each day in travel status, in addition to the maximum per diem
established for that locality; and
(3) Under regulations established by the Senate Committee
on Rules and Administration, (a) increase the per diem for
Senators and Senate employees traveling on official business from
a maximum of $25 to a maximum of $35 in the continental
United States, and from a maximum of $40 to not to exceed $50
when authorized to travel on an actual expense basis, (b) reim-
burse a Senator's personal staff on the same basis as committee
staffs by allowing per diem for official travel to the home State
of the Senator by whom he is employed, in addition to actual
transportation expenses presently paid by the Senate, but not in
excess of the rates established in existing law, as amended, and not
to a newly-appointed employee to travel to his place of employ-
ment, and (c) prohibit reimbursement for per diem for travel to
and from the home State within 120 days of any primary or gen-
eral election in which the Senator is a candidate.
The bill provides further for the following mileage reimbursement,
under regulations prescribed by the Administrator. of General Services:
(1) For privately-owned automobiles, an increase from 12 to
15 cents a mile, subject to an adjustment, at least once each
year, not to exceed 20 cents a mile;
(2) For privately-owned airplanes, an increase from 12 to 18
cents per mile, subject to an adjustment at least once each year,
not to exceed 24 cents a mile; and
(3) For privately-owned motorcycles, the present amount of 8
cents a mile is retained, subject to an adjustment not to exceed
11 cents a mile.
In addition, airplane landing and tie-down fees iave been added to
parking, ferry, bridge, road and tunnel costs, provided by existing law.
The bill further requires the Administrator of General Services, in
consultation with the Comptroller General of the United States, the
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Secretaries of Defense and Transportation and representatives of
Government employees' organizations (a) to conduct periodic in-
vestigations of the cost of travel and the operation of privately owned
vehicles to employees engaged in official travel, based upon specifically
enumerated factors, and report the results to the Congress at least
once each year; (b) to determine, at least once each year, based upon
the results of his investigation, specific figures of the cost of travel
and the operation of privately owned vehicles, and report these
figures to the Congress not later than five working days after ina.kin
such determination and to print each such report in the Federal
Register, and (c) to adjust the figures so determined, within 30 days
following the submission of that report, which shall be not less than
the figures in effect immediately after enactment of this bill, but not
greater than the amounts sot forth therein.
The adjusted mileage figures must be included in regulations which
the Administrator is required to prescribe for the administration of
the subchapter.
Finally, it is provided that the expenses incurred during fiscal year
1975 as a result of the increases in the per diem and mileage alloWances
must be absorbed by the existing funds of the agencies or branch of
government concerned.
LEGISLATIVE HISTORY
By act of June 3, 1926, the Congress enacted the Subsistence
Expense Act of 1926 (44 Stat. 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.
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. This 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:
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(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 maximum 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 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
$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 t raveling on official
business from the existing $16 and $30 to the new $25 and $40 level,
respectively.
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Presently, Senate Members and committee staff employees are
authorized allowances for travel on 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.
On December 31, 1974, the President pocket vetoed S. 3341, a bill
virtually identical to S. 172, because of a provision which made the
increased per diem and mileage rates applicable to travel by disabled
veterans with service connected disabilities to treatment facilities.
S. 172 omits this provision which will be treated separately in legis-
lation now pending in the Senate Committee on Veterans' Affairs.
Although the Committee held no hearings on S. 172, hearings on
S. 3341, an earlier version of the measure, were held on June 6, 1974.
Witnesses included representatives from the General Accounting
Office, the General Services Administration, the National Treasury
Employees Union, the American Federation of Government Em-
ployees, the Government Employees Council and the National Fed-
eration of Federal Employees.
All witnesses agreed that the current per diem and mileage rates
for Federal employees are inadequate to cover expenses incurred
while traveling on Government business. There was disagreement
with respect to the extent of the increases and suggestions were offered
with respect to the establishment of procedures which would provide
for automatic adjustments to mileage rates, based upon a continuing
review and analysis of actual operating expenses for privately owned
vehicles.
EXPLANATION OF COMMITTEE ACTION
In approving increases in per diem and mileage allowances, the
Committee considered the following factors: (1) there has been no
general increase in travel allowances since 1969, and no statutory
increase in mileage allowances since 1961; (2) hotel and motel rates,
the cost of food away from home, sales taxes on hotel and motel bills
and restaurant meals, and miscellaneous expenses related to official
travel have increased appreciably since that time; (3) the increased
per diem rates represent maximum amounts which may be paid and
are not amounts which must or should be paid for all travel; and (4)
Federal employees who are required to travel on behalf of the United
States Government should not have to suffer financial losses.
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Testimony received at hearings held on S. 3341, in June 1974,
revealed that the cost of living index has increased approximately 28
percent since 1969 and 60 percent since 1961.
A fairly recent study was initiated by the General Services Adminis-
tration to evaluate the adequacy of present travel allowances for Fed-
eral employees. It involved approximately 13,000 actual employee
travel experiences representing 63,000 man-days of travel taken over a
period of 3 months in 1973, and included 22 executive branch. agencies,
or seven-tenths of 1 percent of the total man-days of, government travel
each year. This study revealed that the present $25 per diem was
inadequate for over 30 percent of the reported travel, and that actual
subsistence expense allowances of up to $40 per day were authorized
in only 3 percent of the travel reported.
Additional studies by the General Services Administration, par-
ticipated in by the General Accounting Office, revealed that per diem
in excess of the $25 maximum for travel in the continental United
States is clearly justified, and a Department of Defense study indi-
cated that even $35 might not be adequate in larger metropolitan
areas such as New York City, Washington, D.C., Boston, San.
Francisco, etc., where a night's lodging may-
ay exceed $35 a day.
With respect to mileage, as previously noted, there has been no,
statutory increase since 1961, despite the phenomenal rise in transpor-
tation costs since that time. Two recent studies by Government agen-
cies reveal that the present cost of operating a standard size automo-
bile in the United States is well in excess of the 12 cents a mile maxi-
mum reimbursement rate provided for in existing law. A Department
of Transportation study, completed in April, 1974, found that the
present cost of operating an automobile was 15.9 cents per mile, and a
June, 1974 study by the General Services Administration concluded
that this cost was 14.4 cents per mile. This difference was due to the
fact that the General Services Administration figure did not include the
2 cents per mile cost for garage, parking and tolls which were included
in the Department of Transportation study. It may be noted that these
costs are reimbursed separately under the provisions of the 1969 per
diem statutes and are appropriately excluded from a reimbursement
allowance study. However, both studies included the original vehicle
cost depreciation, maintenance, accessories, parts, tires, gas and oil
(excluding taxes), insurance and State and Federal taxes. Although
the Department of Transportation based its figures on a 5-year
depreciated car life and the General Services Administration used a
10-year period to calculate depreciation expense, both studies demon-
strated clearly the need for upward adjustments in the present
reimbursement rates.
The Committee also made several additional changes in existing
law which are designed to protect the interests of both the Govern-
ment and its employees who must travel on official business. Thus,
section 3 of the bill amends section 5702(a) of title 5, U.S. Code, to
provide that for travel consuming less than a full day, per diem rates
may be allocated proportionally, pursuant to regulations prescribed
by the Administrator of General Services. Section 3 also amends
section 5702(b) to provide that if an employee becomes ill, not due to
his own misconduct, while traveling on official business, he will con-
tinue to be entitled to the applicable per diem allowance and travel
expenses during the time such illness prevents him from returning to
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his designated post of duty. Existing law entitles him only to per diem
and travel expenses for the return trip.
An amendment to section 5701(2) of title 5, United States Code,
contained in section 2 of S. 172, establishes uniform treatment for all
persons engaged in official Government travel, by redefining the term
"employee" to include consultants, experts, and other intermittent
employees.
An amendment to existing law by the Committee would provide for
flexibility in mileage rates for official travel by setting minimum reim-
bursement rates and authorizing the Administrator of General Serv-
ices to adjust these rates up to a maximum figure for the use of
privately-owned vehicles. Such figure would be established by the
Administrator at least once each year, following an investigation of
the cost of travel and the operation of privately-owned vehicles to
such employees, reported to the Congress and set forth in regulations
published in the Federal Register.
COMMITTEE AMENDMENTS
The Committee adopted two amendments which are designed to
correct an error and a technical defect in the bill, as introduced.
With respect to the error, when the earlier version of the measure,
S. 3341, was reported by the Committee in the 93rd Congress, it con-
tained a provision authorizing the payment of per diem, as well as
actual transportation expenses to a Senator's personal staff for official
travel to the home State. Existing law provides only for actual trans-
portation expenses and makes no provision for hotel,.meals and other
necessary expenses. The provision contained in that bill was designed
to reimburse members of a Senator's personal staff on the same basis as
Senate committee staffs and. all other Government employees traveling
on official business. When S. 172 was introduced in the 94th Congress,
due to a drafting error, it applied to both Senators and their personal
staffs.
The Committee corrected this error so as to restore the language
which carried out its original intent. Previous limitations, which
required certification by the Senator and prohibited per diem payments
for periods within 120 days of primary or general elections of the
Senator by whom the staff member is employed, were retained.
The second amendment corrects a technical defect by providing a
proper title for the bill.
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 em-
ployees travel on official Government business, they should not be
expected, or required, to suffer financial losses.
S.R. 42-2
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Our Nation is 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 to enable the Government to meet its obliga-
tions to those employees who are required to travel in the course of
their work assignments since 1969, with respect to per diem in lieu of
subsistence, and since 1961, with respect to reimbursement for mileage
when privately owned vehicles are authorized.
Following an analysis of available statistics, the Committee has con-
cluded that the per diem rates and the flexible reimbursement for
mileage provided in this legislation are fair and equitable in the light of
current economic conditions in the United States.
ESTIMATED COST OF LEGISLATION
The General Services Administration estimates that enactment of
this legislation will result in an increased expenditure of approximately
$34 million a year for per diem allowances for each of 5 fiscal years, and
expenditures could rise by as much as $57 million a year if the per diem
allowances were set at their maximum allowable rates. However, it is
not anticipated that this will be the case at this time.
Expenditures for mileage allowances are expected to increase by
approximately $11.5 million a year; and increasing the reimbursement
rate to the maximum allowable under this legislation would increase
the figure to approximately $23 million per year. As in the case of per
diem, it is not anticipated that the rates would be set at the maximum
allowable at the present time.
Section 1 provides a short title-the "Travel Expenses Amendments
Act of 1975".
Subsection (a) of section 2 amends the definitions section of section
5701 of title 5, United States Code, by redefining the word "employee"
to include individuals employed intermittently in the Government
service as an expert or consultant and paid on a daily when-actually-
employed basis, or individuals serving without pay or at one dollar a
year.
Subsection (b) of section 2 amends section 5705 of title 5, United
States Code, by striking "an individual" wherever it appears, so as to
conform the section with the amended definition of "employee" in
section 5701..
Section 3 amends section 5702 of title 5, United States Code, so as to
provide (1) that under regulations prescribed by the Administrator of
General Services, Federal employees, traveling on official business
inside the continental United States, are entitled to a per diem allow-
ance at a rate not to exceed $35; (2) that the President, or his designee,
shall establish the per diem allowance for travel outside the continental
United States for each locality where travel is performed; and (3) that
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for travel consuming less than a full day, per diem rates may be
allocated proportionately pursuant to regulations proscribed tinder
section 5707 of this title.
Section 3 would further amend section 5707, title 5, United States
Code, to provide (1) that when an employee traveling on official busi-
ness away from his designated post becomes incapacitated by illness
or injury not due to his own misconduct, he is entitled to both per
diem allowance and transportation expenses until such time as he can
travel again and to the per diem and transportation expenses during
the return travel; (2) that the Administrator of General Services, or
his designee, may prescribe conditions under which an employee may
be reimbursed for actual and necessary expenses of official travel
when the per diem allowance would be less than these expenses, but
such reimbursement may not exceed (a) $50 per day for travel within
the continental United States, and the per diem allowance otherwise
allowable is inadequate due to the unusual circumstances of the travel
assignment, or travel involves high-rate geographic areas designated
as such in regulations prescribed under section 5707 of this title, or (b)
$21 per day outside the continental United States, plus the locality
rate prescribed for such locality; and (3) that section 5707 shall not
apply to Federal judges, except as provided by section 456 of title 28.
Section 4 repeals section 5703 of title 5, United States Code, which
provides for a per diem allowance for experts and consultants and is
no longer necessary, since they are included in the definition of
"employees" provided for in section 2(a).
Section 5 amends section 5704 of title 5, United States Code, which
deals with mileage and other allowances payable to employees travel-
ing on official Government business.
It provides (1) tinder regulations prescribed by the Administrator
of General Services, for the following reimbursements for official
travel by privately-owned vehicles instead of actual expenses when
that mode of travel is authorized or approved as more advantageous to
the Government: 8 cents a mile for motorcycles, 1.5 cents a mile for
automobiles and 18 cents a mile for airplanes; (2) that no determina-
tion of such advantage is required when payment on a mileage basis is
limited to the cost of travel by common carrier, including per diem;
(3) that, in any case in which an employee chooses to use a privately-
owned vehicle when a Government vehicle is readily available, pay-
ment on a mileage basis is limited to the cost of travel by such ve-
hicle; and (4) that, in addition to mileage allowances, employees may
be reimbursed for ferry, bridge, road and tunnel and airplane landing
and tie-down fees.
Section 6, which amends section 5705 of title 5, requires (1) the
Administrator of General Services to prescribe regulations necessary
for the administration of this subchapter, and the Director of the
Administrative Office of the United States Courts to prescribe such
regulations for official travel by employees of the judicial branch;
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(2) that all such regulations shall state the specific rate of per diem
within the dollar limitations prescribed in section 5702(a) and the
specific dollar limitations relative to highrate geographic areas under
section 5702(c) (1) to which employees are entitled; (3) the Adminis-
trator of General Services, in consultation with the Comptroller
General of the United States, the Secretary of Transportation, the
Secretary of Defense, and representatives of Government employee
organizations, conduct periodic investigations of both the cost of
travel and the operation of privately-owned. vehicles to employees
engaged in official business, taking into consideration depreciation of
original vehicle cost, gasoline and oil, excluding taxes, maintenance,
accessories, parts and tires, insurance, and State and Federal taxes;
(4) the Administrator, at least once each year, to determine, based
upon the results of his investigation, specific figures of the cost of
travel (per diem) and actual cost per mile during the period for the
operation of privately-owned vehicles and report these figures to the
Congress, not later than 5 working days after making such determina-
tion, and that each such report shall be printed in the Federal Register;
and (5) that within 30 days following the submission of the report,
the cent figures provided for in section 5704(a) of title 5 shall be ad-
justed by the Administrator to the figures so determined and reported,
but that such figures shall in no case be administratively adjusted
below those provided for in section 5704(a) or higher than 11 cents
a mile for privately-owned motorcycles, 20 cents a mile for privately-
owned automobiles, or 24 cents a mile for privately-owned airplanes.
Section 7 amends the subchapter analysis of chapter 57, title 5,
United States Code, to conform to changes made therein.
Section 8 amends certain provisions of the Senate appropriation
in the Legislative Branch Appropriation Act, 1975, as amended (2
U.S.C. 68(b)), by increasing the madmum authorized per diem rate
for Members and employees of the Senate from $25 to $35 for travel
in continental United States, and from $40 to $50 when travel on an
actual expense basis is authorized by the Senate Committee on Rules
and Administration.
Section 9 amends section 506 of the Supplemental Appropriation
Act, 1973 (2 U.S.C. 58) to provide that a Senator's personal staff is
to be reimbursed for official travel on the same basis as committee
staffs. It provides (1) that Senate personal staff shall be reimbursed
for per diem expenses for official travel to the home Mate of the Senator
for whom they work, in addition to the transportation expenses al-
ready paid by the Senate, but not in excess of the rates established in
existing law as amended, or to a newly appointed employee to travel
to his place of employment; and (2) that no reimbursement is to be
made within 120 days of any primary or general election in which the
Senator is a candidate, and the Senator is personally responsible for
certifying claims for reimbursement.
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Section 10 provides that the expenses incurred during fiscal year
1975 as a result of the increases in the per diem and mileage allowances
made by this Act must be absorbed by the existing funds of depart-
ments, agencies and other entities in all three branches of Govern-
ment, including the District of Columbia, and prohibits the appropria-
tion of funds in fiscal year 1975 to pay for such increases.
CHANGES IN EXISTING LAw
In 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
? 58. Mail, telegraph, telephone, stationery, office supplies, and
home State office rental and travel expenses for Senators
(a) Authorization for payments from contingent fund.
(1) * *
(8) reimbursement of actual transportation 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 trans-
portation expenses] travel 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-
penses incurred..
[(e) Transportation expenses.
[Actual transportation expenses incurred by an employee in a
Senator's office shall 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
appointed 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 official business by the nearest usual route between
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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). However, an employee shall not be reimbursed
for any per diem expenses or actual travel expenses (other than actual
transportation expenses) for any travel occurring (luring the 120 days
immediately before the date of any primary or general election (whether
regular, special, or runoff) in which the Senator, in whose office the
employee is employed, is a candidate for public o fFee. Reimbursement of
per diem and actual travel expenses shall not exceed the rates established
in accordance with the seventh paragraph under the heading "Admin-
istrative Provisions" in the Senate appropriation in the Legislative
Branch Appropriation Act, 1957 (2 U.S.C. 68b). No payment shall be
made under this section to or on behalf of a newly appointed employee
to travel to his place of employment.
? 68. Payments from contingent fund of Senate
(a) ***
(b) 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 [$25] $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 con-
tinental United States, and (2) in accordance with regulations pre-
scribed 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] $50 per day in the case of travel within the
continental limits of the United States.
TITLE 5 UNITED STATES CODE
? 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 legisla-
tive branch;
(D) an office, agency, or other establishment in the judicial
branch; and
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;]
(E) the government of the District of Columbia;
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(2) "employee" means an individual employed in or under an
agency, including an individual employed intermittently in the
Government service as an expert or consultant and paid on a daily
when-actually-employed basis and an individual serving without pay
or at one dollar a year;
(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.
[? 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.
[(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.
[(d) This section does not apply to a justice or judge except to the
extent provided by section 456 of the title 28.]
? 5702. Per diem; employee traveling on official business
(a) Under regulations prescribed under section 5707 of this title,
an employee while traveling on ofiieal business away from his desig-
nated post of duty or, in the case of an intermittent employee, his home
or regular place of business, is entitled to a per diem allowance for
travel inside the continental United States at a rate not to exceed $35.
For travel outside the continental United States, the per diem allowance
shall be established by the President, or his designee, for each locality
where travel is to be performed. For travel consuming less than a full day,
such rates may be allocated proportionately.
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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 incapacited by illness or injury not due to
his own misconduct, is entitled to the per diem allowance and appropriate
transportation expenses until such time as he can again travel, and to the
per diem allowance and transportation expenses during return travel to his
designated post of ditty.
(c) Under regulations prescribed under section 5707 of this title,
the Administrator of General Services, or his designee, may prescribe
conditions under which an employee may be reimbursed for the actual
and necessary expenses of official travel when the per diem allowance
would be less than these expenses, except that such reimbursement shall
not exceed-
(1) $50 for each day in a travel status within the continental
United States when the per diem otherwise allowable is determined
to be inadequate (A) due to the unusual circumstances of the travel
assignment, or (B) for travel to high rate geographical areas designated
as such in regulations prescribed under section 5707 of this title; or
(2) $21 for each day in a travel status outside the continental
United States plus the locality per diem rate prescribed for such
travel.
(d) This section does not not apply to a justice or judge, except to the
extent provided by section 456 of title 28.
[? 5703. Per diem, travel, and transportation expenses; experts
and consultants; individuals serving without 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. Unless
a higher rate is named in an appropriation or other statute, the per
diem allowance may not exceed-
[(1) the rate of $25 for travel inside the continental United
States; and
[(2) the rates established tinder section 5702(a) of this title
for travel outside the continental United States.
[(d) Under regulations prescribed under section 5707 of this title,
e head of the agency concerned may prescribe conditions under
thhich an individual to whom this section applies may be reimbursed
wor the actual and necessary expenses of the trip, not to exceed an
famount 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
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[(2) the maximum per diem allowance plus $18 for each day
in a travel status outside the continental United States.]
[? 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 a privately owned motor-
cycle; or
[(2) 12 cents a mile for the use of a privately owned automobile
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 maybe reimbursed for-
[(1) parking fees;
[(2) ferry fares; and
[(3) bridge, road, and tunnel tolls.]
5704. Mileage and related allowances
(a) Under regulations prescribed under section 5707 of this title,
an employee who is engaged on official business for the Government is
entitled to-
(1) 8 cents a mile for the use of a privately owned motorcycle;
(2) 15 cents a mile for the use of a privately owned automobile; or
(3) 18 cents a mile for the use of a privately owned airplane.
instead of actual expenses of transportation when that mode of trans-
portation is authorized or approved as more advantageous to the Govern-
ment. A determination of such advantage is not required when payment
on a mileage basis is limited to the cost of travel by common carrier in-
eluding per diem. Notwithstanding the preceding provisions of this sub-
section, in any case in which an employee who is engaged on official
business for the Government chooses to use a privately owned vehicle
when a Government vehicle is readily available, payment on a mileage
basis is limited to the cost of travel by such Government vehicle.
(b) In addition to the mileage allowance authorized under subsection
(a) of this section, the employee may be reimbursed for-
(1) parking fees;
(2) ferry fees;
(8) bridge, road, and tunnel costs; and
(4) airplane landing and tie-down fees.
? 5705.. Advancements and deductions
An agency may advance, through the proper disbursing official, to
an employee [or individual] entitled to per diem or mileage allow-
ances under this subchapter, a sum considered advisable with regard
to the character and probable duration of the travel to be performed.
A sum advanced and not used for allowable travel expenses is recover-
able from the employee [or individual] or his estate by-
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(1) setoff against accrued pay, retirement credit, or other
amount due the employee [or individual];
(2) deduction from an amount due from the United States;
and
(3) such other method as is~provided ~by law.
[? 5707. Regulations
[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 ayment of a per diem allowance under section 5703(c) of
this title.i
? 5707. Regulations and reports
(a) The Administrator of General Services shall prescribe regula-
tions necessary for the administration of this subchapter, except that
the Director of the Administrative Office of the United States Courts
shall prescribe such, regulations with respect to official travel by em-
ployees of the judicial branch of the Government. Such regulations
shall state the specific rate of the per diem allowance, within the dollar
limitations prescribed in the first sentence of section 5702(a) of this
title, and a specific rate of reimbursement for actual and necessary
expenses of official travel to each high rate geographical area under
section 5702(c) (1) of this title, to which an employee is entitled.
(b) (1) The Administrator of General Services, in consultation
with the Comptroller General of the United States, the Secretary of
Transportation, the Secretary of Defense, and representatives of orga-
nizations of employees of the Government, shall conduct periodic in-
vestigations of the cost of travel and the o eration of privately owned
vehicles to employees while engaged on official business, and shall re-
port the results of such investigations to Congress at least once a year.
In conducting the investigations, the Administrator shall review and
analyze among other factors-
(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.
(2) At least once each year, the Administrator shall determine, based
upon the results of his investigations, specific figures each rounded
to the nearest one-half cent, of the average, actual cost a mile during
the period for the use of a privately owned motorcycle, automobile, and
airplane. The Administrator shall report such figures to Congress not
later than five working days after he makes his determination. Each
such report shall be printed in the Federal Register. The cent figures
contained in paragraphs (1), (2), and (8) of section 5704(a) of this
section, or any adjustments previously made thereto and in effect under
that section, shall be adjusted by the Administrator within thirty days
following the submission of that report to the figures so determined and
reported by him. Those figures shall not be less than. the figures in effect
under that section immediately after the enactment of the Travel Expense
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Amendments Act of 1975, nor shall those figures ever be adjusted to figures
greater than-
(A) 11 cents a mile for the use of a privately owned motorcycle;
(B) 20 cents a mile for the use of a privately owned automibile;
and
(C) 24 cents a mile for the use of a privately owned airplane.
Those adjusted figures shall also be included in the regulations pre-
scribed under this section.
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