If the maximum allowance should be increased to $20, change "not more than $9" to "not more than $15." While we do not question the rate of $16 per day, should the allowance for Government travelers, generally, be raised above $20, we do object to the proposed change in conditions of paying the allowance as advanced by the United Federation of Postal Clerks. The Department estimates that for each $1 travel allowance increase for mobile unit employees the annual additional cost to the Department would be $300,000. The Bureau of the Budget has advised that there is no objection to the submission of this report to the committee from the standpoint of the administration's program. Sincerely yours, LAWRENCE F. O'BRIEN. CORRESPONDENCE RELATING TO U.S. COURT OF MILITARY APPEALS U.S. COURT OF MILITARY APPEALS, Hon. JOHN A. BLATNIK, DEAR CONGRESSMAN BLATNIK: I have recently been informed that your subcommittee has under its consideration pending bills to increase the maximum rate of per diem allowances for employees of the Government traveling on official business. In this regard, I would like to invite your attention to the inadequacy of the per diem allowance which now obtains for the three judges of the U.S. Court of Military Appeals. The present amount of $15 was set by Congress when it enacted Public Law 9, approved March 2, 1955 (Enclosure 1), to adjust the salaries of judges of U.S. courts, U.S. attorneys, and Members of Congress. By this enactment, Congress included an amendment to article 67 of the Uniform Code of Military Justice to provide a per diem allowance for the three judges of this court at the rate applicable to all justices and judges of the U.S. courts (Congressional Record, February 28, 1955 at p. 1895) (Enclosure 2). From 1955 to date, no change has been made in the $15 per diem allowance. Meanwhile, the allowance of the justices and judges of the U.S. courts during this same period has risen to $16 per diem or, in the alternative, an actual expense itemization with a $30 limitation within the continental limits of the United States. For overseas travel, it is my understanding that the maximum allowance varies from locality to locality, plus $10 per day if actual expenses are itemized. While the travel for the three judges of this court over the years has not been extensive, it would be appreciated, in order to rectify an inequity, if your subcommittee would consider the inclusion of an amendment which reads as follows: Section 867 (a)(1) of title 10, United States Code, relating to judges of the Court of Military Appeals, is amended by striking out the last sentence and substituting therefor: "Upon his certificate, each Judge, while attending Court or transacting official business outside of the District of Columbia, shall be paid all necessary traveling expenses and allowances in the same manner as provided for each Justice or Judge of the United States under section 456 of Title 28, United States Code. In not fixing the amount, the use of the above language would obviate the necessity of specific legislative relief to keep abreast of the prevailing rate. The members of the court will be grateful to you and the members of your subcommittee for assistance in this matter. A descriptive pamphlet is also enclosed for background material on the court and its members. Respectfully, ROBERT E. QUINN. (The enclosures referred to are retained in the subcommittee files.) DEPARTMENT OF THE AIR FORCE, Hon. JOHN A. BLATNIK, The purpose of the proposed amendment to subject bill is to provide for payment of travel expenses and allowances of each judge of the Court of Military Appeals while attending court or transacting official business outside of the District of Columbia in the same manner as provided for each justice or judge of the United States under section 456 of title 28, United States Code. That section provides that a justice or a judge of the United States may be paid, upon his certificate, by the Director of the Administrative Office of the U.S. Courts for all necessary traveling expenses, and also a per diem allowance in lieu of actual subsistence expenses; or to be reimbursed for , subsistence expenses not in excess of the maximum amount in section 5703 of title 5, United States Code. Existing law (10 U.S.C. 867 (a)(1)), provides for travel entitlements of judges of the Court of Military Appeals to be paid by the Secretary of Defense for (1) all necessary traveling expenses, and (2) reasonable maintenance expenses, not to exceed $15 a day. The Department of Defense has no objection to the substance of the proposed amendment. However, it is recommended that it be redrafted to conform to the style and format of title 10, United States Code. Accordingly, attached is a proposed section 3 to H.R. 7113 to reflect the amendment. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. 90-760 O-74-37 The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report for the consideration of the committee. Sincerely, TOWNSEND HOOPES, Under Secretary of the Air Force. PROPOSED AMENDMENT TO H.R. 7113 (90) TO REFLECT Court of MILITARY APPEALS RECOMMENDATION FOR TRAVELING EXPENSES FOR JUDGES OF THAT COURT SEC. 3. The last sentence of section 867(a) (1) (article 67(a)(1)) of title 10, United States Code, is amended to read as follows: "Upon his certificate, each judge, while attending court or transacting official business outside the District of Columbia, is entitled to be paid all necessary traveling expenses and allowances as provided for each Justice or judge of the United States under section 456 of title 28." U.S. HOUSE OF REPRESENTATIVES, Hon. JOHN A. BLATNIK, COMMITTEE ON ARMED SERVICES, Chairman, Executive and Legislative Reorganization Subcommittee, Committee on Government Operations, House of Representatives. DEAR JOHN: I appreciate very much your letter of September 19, 1967, advising me of Judge Quinn's request that H. R. 7113 be amended to provide that judges of the Court of Military Appeals be given the same travel expenses and allowances as judges of U.S. courts under section 456 of title 28, U.S.C. It was thoughtful of you to bring this to my attention. I am confident that I can speak for the committee when I say that we would interpose no objection to your taking action on Judge Quinn's request even though it does involve an amendment to title 10, U.S.C. and the Uniform Code of Military Justice. It is an administrative matter and it does not involve substantive features of the code and, personally, I think the judges of the Court of Military Appeals are very definitely entitled to be treated in the same manner as Federal judges. Sincerely, L. MENDEL RIVERS, Chairman. CHANGES IN EXISTING LAW MADE BY THE BILL AS REPORTED In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): SECTIONS 5702 AND 5703 OF TITLE 5, UNITED STATES CODE § 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 prescribed by the agency concerned. For travel inside the continental United States, the per diem allow ance may not exceed the rate of [$16] $20. 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) [$30] $35 for each day in a travel status inside the continental United States; or (2) the maximum per diem allowance plus [$10] $15 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 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-actuallyemployed 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 [$16] $20 for travel inside the continental United States; and (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) [$30] $35 for each day in a travel status inside the continental United States; or (2) the maximum per diem allowance plus [$10] $15 for each day in a travel status outside the continental United States. SECTION 3581(d) OF TITLE 39, UNITED STATES CODE § 3581. Road duty employees (d) In addition to compensation provided under this title, the Postmaster General, under regulations prescribed by him, may pay not more than [$9] $15 per day as travel allowances in lieu of actual expenses, at fixed rates per annum or by such other method as he deems equitable to regular and substitute employees in the Postal Transportation Service and the Motor Vehicle Service who are assigned to road duty, after the expiration of ten hours from the time the initial run begins. SECTION 867(a) (1) OF TITLE 10, UNITED STATES CODE § 867. Art. 67. Review by the Court of Military Appeals. (a) (1) There is a Court of Military Appeals, located for administrative purposes in the Department of Defense. The Court of Military Appeals consists of three judges appointed from civil life by the President, by and with the advice and consent of the Senate, for a term of fifteen years. Not more than two of the judges of that court may be appointed from the same political party, nor is any person eligible for appointment to the court who is not a member of the bar of a Federal court or of the highest court of a State. Each judge is entitled to a salary of $33,000 a year and is eligible for reappointment. The President shall designate from time to time one of the judges to act as Chief Judge. The Court of Military Appeals may prescribe its own rules of procedure and determine the number of judges required to constitute a quorum. A vacancy in the court does not impair the right of the remaining judges to exercise the powers of the court. [Upon his certificate, each judge is entitled to be paid by the Secretary of Defense (1) all necessary traveling expenses, and (2) his reasonable maintenance expenses, but not more than $15 a day, incurred while attending court or transacting official business outside the District of Columbia.] Upon his certificate, each judge, while attending court, or transacting official business outside the District of Columbia, is entitled to be paid all necessary traveling expenses and allowances as provided for each Justice or judge of the United States under section 456 of title 28. |