EXPENSE ALLOWANCE OF SERVICE PERSONNEL FOR AIR TRAVEL ON DUTY WITHOUT TROOPS

FEBRUARY 18, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DOUGLAS of Arizona, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 17]

The Committee on Military Affairs, to whom was referred the bill (S. 17) to amend section 12 of the act entitled "An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," approved June 10, 1922, as amended, having considered the same, report thereon with the recommendation that it do pass with the following amendment:

Page 2, line 18, change the period to a comma and add the following language "and in formulating regulations the heads of departments shall take into consideration the actual time consumed in travel, the distance covered in travel, and the obstacles and interruptions encountered in travel."

Section 12 of the pay readjustment to which this language is to be added reads as follows:

SEC. 12. That officers of any of the services mentioned in the title of this act, when traveling under competent orders without troops, shall receive a mileage allowance at the rate of 8 cents per mile, distance to be computed by the shortest usually traveled route and existing laws providing for the issue of transportation requests to officers of the Army traveling under competent orders, and for reduction to be made from mileage accounts when transportation is furnished by the United States, are hereby made applicable to all the services mentioned in the title of this act, but in cases when orders are given for travel to be performed repeatedly between two or more places in the same vicinity as determined by the head of the executive department concerned, he may, in his discretion, direct that actual and necessary expenses only be allowed. Actual expenses only shall be paid for travel under orders in Alaska and outside the limits of the United States in North America. Unless otherwise expressly provided by law, no officer of the services mentioned in the title of this act shall be allowed or paid any sum in excess of expenses actually incurred for subsistence while traveling on duty away from his designated post of duty, nor any sum for such expenses actually incurred

in excess of $7 per day. The heads of the executive departments concerned are authorized to prescribe per diem rates of allowance, not exceeding $6, in lieu of subsistence to officers traveling on official business and away from their designated posts of duty.

Individuals belonging to any of the services mentioned in the title of this act, including the National Guard and the reserves of such services, traveling under competent orders which entitle them to transportation or transportation and subsistence as distinguished from mileage, who, under regulations prescribed by the head of the department concerned, travel by privately owned conveyance shall be entitled, in lieu of transportation by the shortest usually traveled route now authorized by law to be furnished in kind, to a money allowance at the rate of 3 cents per mile for the same distance: Provided, That this provision shall not apply to any person entitled to traveling expenses under the "Subsistence expense act of 1926."

In lieu of the transportation in kind authorized by section 12 of an act entitled "An act to increase the efficiency of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," approved May 18, 1920, to be funished by the United States for dependents, the President may authorize the payment in money of amounts equal to such commercial transportation costs when such travel shall have been completed. Dependent children shall be such as are defined in section 4 of this act. (As amended by act of June 1, 1926 (44 Stat. 680), as amended by act of May 29, 1928 (45 Stat. 975).)

That hereafter when any commissioned officer, noncommissioned officer of the grade of color sergeant and above, including any commissioned officer of the Marine Corps of corresponding grade, warrant officer, chief petty officer, or petty officer (first class), having a wife or dependent child or children, is ordered to make a permanent change of station, the United States shall furnish transportation in kind from funds appropriated for the transportation of the Army, the Navy, the Marine Corps, the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service to his new station for the wife and dependent child or children: Provided, That for persons in the naval service the term "permanent station,' as used in this section, shall be interpreted to mean a shore station or the home yard of the vessel to which the person concerned may be ordered; and a duly authorized change in home yard or home port of such vessel shall be deemed a change of station: Provided further, That if the cost of such transportation exceeds that for transportation from the old to the new station the excess cost shall be paid to the United States by the officer concerned: Provided further, That transportation supplied the wife or dependent child or children of such officer, to or from stations beyond the continental limits of the United States, shall not be other than by Government transport, if such transportation is available: And provided further, That the personnel of the Navy shall have the benefit of all existing laws applying to the Army and Marine Corps for the transportation of household effects. (Sec. 12, act of May 18, 1920 (41 Stat. 604).)

Hereafter officers and other members of the military establishment named in this paragraph [commissioned officers, warrant officers, contract surgeons, expert accountant, Inspector General's Department, Army field clerks and field clerks of the Quartermaster Corps] performing travel on Government-owned vessels for which no transportation fare is charged shall be entitled only to reimbursement of actual and necessary expenses incurred. War Department appropriation act of April 15, 1926. (44 Stat. 259.)

Any officer or employee of the United States traveling on official business overseas to foreign countries, or to any of the possessions of the United States, shall travel and transport his personal effects on ships registered under the laws of the United States when such ships are available, unless the necessity of his mission requires the use of a ship under a foreign flag: Provided, That the Comptroller General of the United States shall not credit any allowance for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor. (Sec. 601, act of May 22, 1928 (45 Stat. 697).)

The present law provides for reimbursement of actual travel expenses at not to exceed $8 a day for travel by air under competent orders on duty without troops. The purpose of the bill is to extend the law so as to permit per diem allowances at rates not to exceed $6 per day, in lieu of reimbursement of actual travel expenses at not to

exceed $8 a day. In every case, except travel by air and travel on Government transports, where reimbursement of traveling expenses is authorized for personnel of the Army, there is a provision that a per diem may be paid in lieu of reimbursement. All civilian officers and employees of the Government are given the alternative of reimbursement of expenses or a per diem.

Under the present law travel allowances of flying cadets are the same as for enlisted men of the Army. Where long flights are involved this amount is inadequate for flying cadets. In the air maneuvers, planned for this spring, considerable cross-country fly ng will be required for flying cadets. The act of July 11, 1919, authorizes payment of actual and necessary expenses only to officers of the Army and contract surgeons when traveling by air on duty without troops. This amendment authorizes payment to members of the services concerned including officers, warrant officers, contract surgeons, enlisted men, flying cadets, and members of the Nurse Corps.

The report of the Senate committee carrying an explanation of the measure as well as the letter from the Secretary of War is as follows:

[Senate Report No. 1412, Seventy-first Congress, third session]

The Committee on Military Affairs, to which was referred the bill (S. 17) to amend further section 12 of "An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," approved June 10, 1922, as amended, so as to authorize the allowance of actual necessary expenses of per diem in lieu thereof to service personnel for air travel on duty without troops, having considered the same reports favorably thereon with the recommendation that it do pass.

This legislation is suggested by the Secretary of War, and his letter to the chairman of the Senate Committee on Military Affairs, dated March 30, 1929, is attached hereto and made a part of this report as follows:

Hon. DAVID A. REED,

Chairman Committee on Military Affairs,

WAR DEPARTMENT,

Washington, March 30, 1929.

United States Senate.

DEAR SENATOR REED: The following draft of a bill is submitted with the request that it be introduced in the Senate and enacted into law:

"A BILL To amend further section 12 of an act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," approved June 10, 1922, as amended, so as to authorize the allowance of actual necessary expenses or per diem in lieu thereof to service personnel for air travel on duty without troops

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first paragraph of section 12 of 'An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service,' approved June 10, 1922, as amended by the act of June 1, 1926 (44 Stat. L., p. 680; title 37, U. S. C., p. 2069, sec. 20), be and the same is hereby further amended by adding thereto the following proviso, to wit: Provided, That for travel by air under competent orders on duty without troops, under regulations to be prescribed respectively by the heads of the departments concerned, members (including officers, warrant officers, contract surgeons, enlisted men, flying cadets, and members of the Nurse Corps) of the services mentioned in the title of this act, and of the legally constituted reserves of said services while on active duty, and of the National Guard while in Federal service or while participating in exercises or performing duties under sections 92, 94, 97 or 99 of the national defense act, shall, in lieu of mileage or other travel allowances, be allowed and paid their actual and necessary traveling expenses not to exceed $8 per day, or, in lieu thereof, per diem allowances at rates not to exceed $6 per day.

"SEC. 2. That the proviso in 'An act making appropriations for the support of the Army for the fiscal year ending June 30, 1920, and for other purposes', approved July 11, 1919, authorizing payment of actual and necessary expenses only to officers of the Army and contract surgeons when traveling by air on duty without troops (41 Stat. L., p. 109; title 10, U. S. C., p. 197, sec. 750), and all other laws and parts of laws in so far as the same are in conflict with this act, are hereby repealed, but nothing herein shall be construed to repeal or modify the provisions of section 5 of 'An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes,' approved March 3, 1925 (43 Stat. L., p. 1190; title 34, U. S. C., p. 1141, sec. 895)."

The present law provides for reimbursement of actual travel expenses at not to exceed $8 a day for travel by air under competent orders on duty without troops. The purpose of the bill is to extend the law so as to permit per diem allowances at rates not to exceed $6 per day, in lieu of reimbursement of actual travel expenses at not to exceed $8 a day.

In every case, with two exceptions, where reimbursement of traveling expenses is authorized for personnel of the Army there is a provision that a per diem may be paid in lieu of reimbursement. The exceptions are those of travel by air, and travel on Government transports. All civilian officers and employees of the Government are given the alternative of reimbursement of expenses or a per diem. Officers of the Army repeatedly claim that for one reason or another they are unable to obtain reimbursement of legitimate and necessary expenses incurred by them. The enactment of the proposed bill would afford considerable relief. A draft of the proposed bill has been submitted to the several services mentioned in the joint pay act who state that they are in accord with the object of the proposed bill.

The annual cost to the War Department is estimated at $30,000.

If any additional information from the War Department is desired, I shall be pleased to furnish it.

If the Committee on Military Affairs wishes to have hearings upon the proposed legislation, the following-named officer is designated to appear before your committee: Maj. Gen. James E. Fechet, Chief of the Air Corps.

The proposed legislation has been submitted to the Director of the Bureau of the Budget, who advises that it is not in conflict with the financial program of the President.

A similar letter has been addressed to the chairman of the Committee on Military Affairs, House of Representatives.

Sincerely yours,

JAMES W. GOOD, Secretary of War.

One point not brought out in the foregoing letter from the War Department is that the travel allowances of flying cadets under existing laws are the same as for enlisted men of the Army, which are inadequate to cover expenses while engaged in long flights.

War Department plans for training of flying cadets at the Air Corps Primary Flying School next spring involve air maneuvers which will require considerable cross-country flying by the cadets. Existing travel allowances for flying cadets are entirely inadequate to cover their expenses under conditions incident to long flights, and the War Department is especially desirous of having this measure enacted in time to provide for the expenses of the flying cadets during the coming O

maneuvers.

AWARD OF GOOD-CONDUCT MEDAL TO ENLISTED MEN OF THE ARMY

February 18, 1931.—Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. COCHRAN of Pennsylvania, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 95]

The Committee on Military Affairs, to whom was referred the bill (H. R. 95) authorizing good-conduct medal award to enlisted men of the Army, introduced by Mr. James, having considered the same report thereon with the recommendation that it do pass.

This is a measure to authorize the award of a good-conduct medal to all enlisted men of the Army who, upon completing three years of service, are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity. It also authorizes a suitable bar or device to denote each subsequent period of three years' honorable service.

Such an award would have a beneficial effect on the morale of the enlisted men, who would regard with pride the possession of the medal. The medal would be an inducement to good conduct and would be a visible mark of distinction to the recipient.

The letter of the War Department recommending that this measure be enacted is as follows:

Hon. W. FRANK James,

Acting Chairman Committee on Military Affairs,

House of Representatives.

APRIL 9, 1929.

DEAR MR. JAMES: I submit the following draft of legislation which I request be introduced in the House of Representatives and enacted into law:

"A BILL Authorizing good-conduct medal award to enlisted men of the Army "Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the Secretary of War, under such regulations as he may prescribe, be, and he is hereby, authorized to award, but not in the name of Congress, a good-conduct medal, of appropriate design, with accompanying ribbon, to all enlisted men of the Army who, upon completing three