B-147581, MAR 25, 1965

B-147581, MAR 25, 1965

PRECIS-UNAVAILABLE

KERMIT GORDON, BUREAU OF THE BUDGET:

REFERENCE IS MADE TO LEGISLATIVE REFERRAL MEMORANDUM DATED FEBRUARY 25, 1965, RECEIVED FROM THE ASSISTANT DIRECTOR FOR LEGISLATIVE REFERENCE, TOGETHER WITH COPY OF A DRAFT BILL SUBMITTED BY THE DEPARTMENT OF DEFENSE (1965 LEGISLATIVE PROGRAM, ITEM DOD 89-57) AND COPY OF A PROPOSED LETTER OF TRANSMITTAL ADDRESSED TO THE HONORABLE JOHN W. MCCORMACK, SPEAKER OF THE HOUSE OF REPRESENTATIVES. OUR VIEWS IN THE MATTER ARE REQUESTED.

THE DRAFT BILL IS ENTITLED:

"A BILL TO AMEND TITLE 37, U.S.C. TO PROVIDE REIMBURSEMENT FOR USE OF A PRIVATELY OWNED CONVEYANCE, TRAIN, BUS, STREETCAR, TAXICAB, OR OTHER COMMERCIAL VEHICLE, AND FOR OTHER INCIDENTAL EXPENSES TO A MEMBER OF A UNIFORMED SERVICE IN CONNECTION WITH TRANSPORTATION NECESSARY FOR CONDUCTING OFFICIAL BUSINESS OF THE UNITED STATES."

UNDER THE BILL TITLE 37, U.S.C. WOULD BE AMENDED AS FOLLOWS:

"(1) SECTION 408 IS AMENDED TO READ AS FOLLOWS:

"SEC. 408. TRAVEL AND TRANSPORTATION ALLOWANCES: PRIVATELY OWNED CONVEYANCES, TRAINS, BUSES, STREETCARS, TAXICABS, OR OTHER COMMERCIAL VEHICLES

"'NOTWITHSTANDING SECTION 404(D) OF THIS TITLE, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, AND WHENEVER IT IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE UNITED STATES, A MEMBER OF THE UNIFORMED SERVICES SHALL BE PAID IN PLACE OF ACTUAL EXPENSES OF TRANSPORTATION AN ALLOWANCE OF NOT MORE THAN 12 CENTS A MILE FOR THE USE OF A PRIVATELY OWNED CONVEYANCE WHEN ENGAGED ON OFFICIAL BUSINESS WITHIN OR OUTSIDE HIS DESIGNATED POST OF DUTY OR PLACE OF SERVICE.

HE MAY ALSO BE REIMBURSED FOR THE ACTUAL COST OF TRANSPORTATION BY TRAIN, BUS, STREETCAR, TAXICAB, OR OTHER COMMERCIAL VEHICLE, WITHIN OR OUTSIDE HIS DESIGNATED POST OF DUTY OR PLACE OF SERVICE. IN ADDITION, HE MAY BE REIMBURSED FOR THE ACTUAL COST OF PARKING FEES, FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS. HOWEVER, A DETERMINATION OF ADVANTAGE IS NOT REQUIRED WHERE PAYMENT IS LIMITED TO THE COST OF TRAVEL BY COMMON CARRIER, INCLUDING PER DIEM.'

"(2) SECTION 411 IS AMENDED -

(A) BY INSERTING '408,' AFTER '407,' IN SUBSECTION (A);

(B) BY STRIKING OUT 'AND' AT THE END OF SUBSECTION (B)(2);

(C) BY STRIKING OUT THE PERIOD AT THE END OF SUBSECTION (B)(3) AND INSERTING 'AND' IN PLACE THEREOF; AND

(D) BY ADDING A NEW SUBSECTION (B)(4) AS FOLLOWS:

'(4) CONSIDER COSTS OF OPERATION, MAINTENANCE, AND OWNERSHIP, WHEN PRESCRIBING AN ALLOWANCE FOR THE USE OF PRIVATELY OWNED CONVEYANCES.'

"(3) THE ANALYSIS OF CHAPTER 7 IS AMENDED BY STRIKING OUT THE FOLLOWING ITEM:

"408. TRAVEL AND TRANSPORTATION ALLOWANCES: TRAVEL WITHIN LIMITS OF DUTY STATION.'

AND INSERTING THE FOLLOWING IN PLACE THEREOF:

"408. TRAVEL AND TRANSPORTATION ALLOWANCES: PRIVATELY OWNED CONVEYANCES, TRAINS, BUSES, STREETCARS, TAXICABS, OR OTHER COMMERCIAL VEHICLES."

IN EXPLAINING THE PURPOSE OF THE SUGGESTED AMENDMENTS THE PROPOSED LETTER TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES STRESSES THE FACT THAT IT IS DESIRED TO EQUALIZE TREATMENT OF MEMBERS OF THE UNIFORMED SERVICES AND CIVILIAN EMPLOYEES OF THE GOVERNMENT WITH RESPECT TO PAYMENT FOR USE OF PRIVATELY OWNED CONVEYANCES AND OTHER INCIDENTAL EXPENSES CONNECTED WITH TRANSPORTATION NECESSARY FOR CONDUCTING OFFICIAL BUSINESS "WITHIN OR OUTSIDE THEIR DESIGNATED POSTS OF DUTY." REFERENCE IS MADE TO SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, CH. 185, JUNE 9, 1949, 63 STAT. 166, AS AMENDED, 5 U.S.C. 837 (1958 ED., SUPP V), WHICH PROVIDES THAT CIVILIAN OFFICERS OR EMPLOYEES RENDERING SERVICE TO THE GOVERNMENT SHALL, UNDER REGULATIONS PRESCRIBED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET, AND WHENEVER SUCH MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT (DETERMINATION OF ADVANTAGE NOT REQUIRED UNDER CERTAIN SPECIFIED CONDITIONS) BE PAID IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION NOT TO EXCEED 8 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED MOTORCYCLES, OR 12 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES OR AIRPLANES "WHEN ENGAGED ON OFFICIAL BUSINESS WITHIN OR OUTSIDE THEIR DESIGNATED POSTS OF DUTY OR PLACES OF SERVICE." IN ADDITION TO THE MILEAGE ALLOWANCES SECTION 4 AUTHORIZES REIMBURSEMENT FOR THE ACTUAL COST OF PARKING FEES, FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS.

ALSO, REFERENCE IS MADE IN THE DRAFT LETTER TO THE LOWER PER MILE RATES NOW CURRENTLY IN EFFECT FOR CERTAIN TRAVEL PERFORMED IN PRIVATELY OWNED CONVEYANCES BY MEMBERS OF THE UNIFORMED SERVICES "OUTSIDE" THE LIMITS OF THEIR DUTY STATION AND TO THE FACT THAT UNDER THE PROVISIONS OF SECTION 408, TITLE 37, U.S.C. GOVERNING TRAVEL PERFORMED BY PRIVATELY OWNED CONVEYANCE "WITHIN" THE LIMITS OF A DUTY STATION, THERE IS NO PROVISION FOR REIMBURSEMENT OF THE ACTUAL COST OF PARKING FEES. IT IS STATED, HOWEVER, THAT, "IT IS INTENDED THAT THIS LEGISLATION APPLY ONLY TO TRAVEL PERFORMED ON OTHER THAN A PERMANENT CHANGE OF DUTY STATION AND THAT THE PROVISIONS OF 37 U.S.C. 404 CONTINUE TO APPLY TO TRAVEL ON A PERMANENT CHANGE OF DUTY STATION."

AS INDICATED BY THE DEPARTMENT OF DEFENSE, S. 2823, 88TH CONGRESS, WAS INTRODUCED TO AMEND SECTION 408, TITLE 37, U.S.C. TO PROVIDE FOR REIMBURSEMENT FOR THE EXPENSES OF PARKING FEES INCURRED BY A MEMBER OF A UNIFORMED SERVICE IN CONNECTION WITH TRANSPORTATION NECESSARY FOR CONDUCTING OFFICIAL BUSINESS OF THE UNITED STATES "WITHIN" THE LIMITS OF HIS DUTY STATION. IN OUR REPORT ON THAT BILL B-147581, JUNE 8, 1964, TO THE CHAIRMAN, COMMITTEE ON GOVERNMENT OPERATIONS, UNITED STATES SENATE, WE SUGGESTED THAT THE LANGUAGE OF SECTION 408 BE LEFT UNDISTURBED EXCEPT THAT A SENTENCE BE ADDED AT THE END THEREOF (CORRESPONDING AS NEARLY AS CIRCUMSTANCES PERMIT TO THE PROVISIONS CONTAINED IN 5 U.S.C. 837 RELATING TO CIVILIAN EMPLOYEES OF THE GOVERNMENT) SO THAT SECTION 408 WOULD, IN ITS ENTIRETY, THEN READ AS FOLLOWS:

"A MEMBER OF A UNIFORMED SERVICE MAY BE DIRECTED BY REGULATIONS OF THE HEAD OF THE DEPARTMENT OR AGENCY IN WHICH HE IS SERVING, TO PROCURE TRANSPORTATION NECESSARY FOR CONDUCTING OFFICIAL BUSINESS OF THE UNITED STATES WITHIN THE LIMITS OF HIS STATION. EXPENSES SO INCURRED BY THE MEMBER FOR TRAIN, BUS, STREETCAR, TAXICAB, FERRY, BRIDGE, AND SIMILAR FARES AND TOLLS, OR FOR THE USE OF PRIVATELY-OWNED VEHICLES AT A FIXED RATE A MILE, SHALL BE DEFRAYED BY THE DEPARTMENT OR AGENCY UNDER WHICH HE IS SERVING, OR THE MEMBER IS ENTITLED TO BE REIMBURSED FOR THE EXPENSE. IN ADDITION TO THE FIXED RATE A MILE AUTHORIZED IN THIS SECTION FOR THE USE OF PRIVATELY-OWNED VEHICLES, THERE MAY BE ALLOWED REIMBURSEMENT FOR THE ACTUAL COST OF PARKING FEES, FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS."

THE PRESENT DRAFT BILL, HOWEVER, IS QUITE DIFFERENT FROM WHAT WAS ORIGINALLY PROPOSED IN S. 2823, 88TH CONGRESS. ALSO THIS PROPOSAL GOES BEYOND THE SUGGESTIONS MADE IN OUR REPORT ON S. 2823, 88TH CONGRESS, BY EXTENDING THE OPERATION OF THE PROPOSED NEW SECTION 408 TO TRAVEL PERFORMED BY PRIVATELY OWNED CONVEYANCE "OUTSIDE" AS WELL AS "WITHIN" THE LIMITS OF THE MEMBER'S DUTY STATION. AS PROPOSED IT WOULD AUTHORIZE FOR MILITARY TRAVELERS THE SAME MILEAGE TRAVEL ALLOWANCES AUTHORIZED FOR CIVILIAN TRAVELERS IN ALL CASES.

SINCE CLAUSES (1) AND (2) OF SECTION 404(D) OF TITLE 37 OF THE U.S.C. SET A STATUTORY LIMITATION OF 7 CENTS A MILE AS A MONETARY ALLOWANCE IN PLACE OF COST OF TRANSPORTATION AND CLAUSE (3) AUTHORIZES A MILEAGE ALLOWANCE OF NOT MORE THAN 10 CENTS A MILE, THIS PROPOSAL WOULD NECESSARILY CONFLICT WITH THE PROVISIONS OF SECTION 404 AND RECOGNIZING THIS, THE PROPOSED AMENDMENT TO SECTION 408 BEGINS WITH THE WORDS "NOTWITHSTANDING SECTION 404(D) OF THIS TITLE." IN THIS REGARD THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS ESTABLISHING THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES ACCRUE PRESCRIBE A MILEAGE ALLOWANCE OF 6 CENTS PER MILE FOR A MEMBER OF THE UNIFORMED SERVICES ON "PERMANENT CHANGE OF STATION."

ALTHOUGH IT IS STATED THAT THE PROVISIONS OF PROPOSED NEW SECTION 408 ARE NOT INTENDED TO APPLY TO TRAVEL PERFORMED ON A "PERMANENT CHANGE OF STATION" THE LANGUAGE EMPLOYED THEREIN EMBRACES ALL OFFICIAL GOVERNMENT TRAVEL, "WITHIN" AS WELL AS "WITHOUT" THE LIMITS OF THE MEMBER'S DUTY STATION AND UNLESS A SPECIFIC PROVISION BE INSERTED EXPRESSLY EXCLUDING TRAVEL PERFORMED INCIDENT TO A PERMANENT CHANGE OF STATION, SUCH TRAVEL NECESSARILY WOULD BE WITHIN THE SCOPE OF PROPOSED SECTION 408.

IN ADDITION TO MILEAGE ALLOWANCES FOR THEIR OWN TRAVEL ON PERMANENT CHANGE OF STATION, MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED UNDER THE PROVISIONS OF SECTION 406, TITLE 37, UNITED STATES CODE, TO A MILEAGE ALLOWANCE FOR TRAVEL OF THEIR DEPENDENTS. IN PARAGRAPH 7003 OF THE JOINT TRAVEL REGULATIONS IT IS PROVIDED THAT:

"1. GENERAL. A MEMBER ENTITLED TO TRANSPORTATION OF DEPENDENTS IN ACCORDANCE WITH PAR. 7000 IS AUTHORIZED MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AS PROVIDED IN THIS PARAGRAPH FOR TRAVEL (EXCLUSIVE OF TRANSOCEANIC TRAVEL) PERFORMED BY DEPENDENTS AT PERSONAL EXPENSE.

"2. RATES PAYABLE. THE MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND FOR DEPENDENTS WILL BE AS FOLLOWS:

"1. $0.06 PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OVER, NOT TO EXCEED TWO SUCH DEPENDENTS; AND $0.03 PER MILE FOR EACH ADDITIONAL DEPENDENT 12 YEARS OF AGE OR OVER;

"2. $0.03 PER MILE FOR EACH DEPENDENT 5 YEARS OF AGE OR OVER, BUT UNDER 12 YEARS OF AGE; PROVIDED, THAT IN NO INSTANCE WILL THE AMOUNT PAYABLE FOR ALL DEPENDENTS EXCEED $0.18 PER MILE."

THUS, ON A PERMANENT CHANGE OF STATION A MEMBER OF THE UNIFORMED SERVICES MAY RECEIVE A MILEAGE ALLOWANCE OF 6 CENTS PER MILE FOR HIMSELF PLUS AN ADDITIONAL 6 CENTS PER MILE FOR EACH DEPENDENT 12 YEARS OF AGE OR OLDER, NOT TO EXCEED TWO SUCH DEPENDENTS, PLUS 3 CENTS PER MILE FOR EACH ADDITIONAL DEPENDENT 12 YEARS OF AGE OR OLDER AND FOR EACH DEPENDENT 5 YEARS OF AGE OR OLDER BUT UNDER 12 YEARS OF AGE, WITH A MAXIMUM OF 18 CENTS PER MILE PAYABLE FOR ALL DEPENDENTS. CONSEQUENTLY, IT IS POSSIBLE FOR A MEMBER OF THE UNIFORMED SERVICES WITH DEPENDENTS TO RECEIVE AS MUCH AS 24 CENTS A MILE UPON A PERMANENT CHANGE OF STATION.

FOR TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES ON OTHER THAN A PERMANENT CHANGE OF STATION, PART E OF THE JOINT TRAVEL REGULATIONS GOVERNING TEMPORARY DUTY ALLOWANCES IN THE UNITED STATES, STATES IN CLAUSE (1) OF PARAGRAPH 4203B THAT IT IS THE POLICY OF THE UNIFORMED SERVICES TO "'AUTHORIZE' (AS DISTINGUISHED FROM 'PERMIT')" MEMBERS TO TRAVEL BY PRIVATELY OWNED CONVEYANCE WHENEVER SUCH MODE OF TRANSPORTATION IS ACCEPTABLE TO THE MEMBER AND IS DETERMINED TO BE MORE ADVANTAGEOUS TO THE GOVERNMENT. CLAUSE (2) OF PARAGRAPH 4203B, GOVERNING REIMBURSEMENT FOR SUCH TRAVEL, PROVIDES AS FOLLOWS:

"REIMBURSEMENT. FOR TRAVEL ACTUALLY PERFORMED BY PRIVATELY OWNED CONVEYANCE UNDER ORDERS AUTHORIZING SUCH MODE OF TRANSPORTATION AS MORE ADVANTAGEOUS TO THE GOVERNMENT, THE MEMBER WILL BE PAID A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.07 PER MILE FOR THE OFFICIAL DISTANCE; PROVIDED, THAT PAYMENT FOR SUCH TRAVEL IN EXCESS OF $0.05 PER MILE WILL NOT BE MADE, IRRESPECTIVE OF THE TERMS OF THE ORDERS, IN THE ABSENCE OF A SIGNED STATEMENT FROM THE MEMBER TO THE EFFECT THAT HE WAS IN FACT THE OWNER OR OPERATOR OF THE PRIVATELY OWNED CONVEYANCE UTILIZED AND THAT HE WAS PRIMARILY RESPONSIBLE FOR THE PAYMENT OF THE OPERATING EXPENSES THEREOF."

UNDER THOSE PROVISIONS A MEMBER OF THE UNIFORMED SERVICES WHO IS THE OWNER OR OPERATOR OF A PRIVATELY OWNED VEHICLE RECEIVES 7 CENTS A MILE AND ANY OTHER MEMBER OF THE UNIFORMED SERVICES TRAVELING IN THE SAME VEHICLE UNDER ORDERS IS ENTITLED TO RECEIVE 5 CENTS A MILE.

IN CONTRAST, A CIVILIAN EMPLOYEE OF THE GOVERNMENT IS ENTITLED TO A MILEAGE ALLOWANCE OF 8 CENTS PER MILE FOR THE USE OF A PRIVATELY OWNED MOTORCYCLE AND 12 CENTS A MILE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE OR AIRPLANE, PLUS ACTUAL COST OF AUTOMOBILE PARKING FEES, ETC. IN CLAUSE (3), SECTION 3.5B, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (BUREAU OF THE BUDGET CIRCULAR NO. A-7, REVISED, JANUARY 28, 1965, AND EFFECTIVE AS OF MARCH 1, 1965), IT IS EXPRESSLY PROVIDED:

"MILEAGE WILL BE PAYABLE TO ONLY ONE OF TWO OR MORE EMPLOYEES TRAVELING TOGETHER ON THE SAME TRIP AND IN THE SAME VEHICLE, BUT NO DEDUCTION WILL BE MADE FROM THE MILEAGE OTHERWISE PAYABLE TO THE EMPLOYEE ENTITLED THERETO BY REASON OF THE FACT THAT OTHER PASSENGERS (WHETHER OR NOT GOVERNMENT EMPLOYEES) MAY TRAVEL WITH HIM AND CONTRIBUTE IN DEFRAYING THE OPERATING EXPENSES. THE NAMES OF EMPLOYEES AND THE EMPLOYING AGENCY SHOULD BE STATED."

SECTION 73B-1(A), TITLE 5, U.S.C. PROVIDES THAT UPON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE "BE ALLOWED AND PAID" FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY OR A COMMUTATION THEREOF. A MILEAGE ALLOWANCE FOR DEPENDENTS IS NOT AUTHORIZED. THUS, UNDER THE LAWS AND REGULATIONS MENTIONED ABOVE, A CIVILIAN EMPLOYEE OF THE GOVERNMENT WOULD RECEIVE A MILEAGE ALLOWANCE OF NOT TO EXCEED 12 CENTS PER MILE FOR TRAVEL PERFORMED BY PRIVATELY OWNED AUTOMOBILE OR AIRPLANE AND OTHER CIVILIAN EMPLOYEES TRAVELING IN THE SAME VEHICLE WOULD NOT BE ENTITLED TO ANY MILEAGE ALLOWANCE. A MEMBER OF THE UNIFORMED SERVICES, HOWEVER, AS THE OWNER OR OPERATOR OF THE PRIVATELY OWNED CONVEYANCE, WOULD RECEIVE 7 CENTS A MILE AND EACH OTHER MEMBER OF THE UNIFORMED SERVICES RIDING IN THE SAME VEHICLE UNDER ORDERS WOULD RECEIVE 5 CENTS A MILE. ALSO, ON A PERMANENT CHANGE OF STATION A MEMBER OF THE UNIFORMED SERVICES IS AUTHORIZED A MILEAGE ALLOWANCE OF 6 CENTS A MILE FOR HIMSELF AND AN ADDITIONAL MILEAGE ALLOWANCE OF NOT TO EXCEED 18 CENTS A MILE FOR HIS DEPENDENTS, WHEREAS A CIVILIAN OFFICER OR EMPLOYEE TRAVELING BY PRIVATELY OWNED AUTOMOBILE WITH HIS DEPENDENTS ON A PERMANENT CHANGE OF STATION IS AUTHORIZED A SINGLE MILEAGE ALLOWANCE NOT IN EXCESS OF 12 CENTS PER MILE WHICH COVERS BOTH HIS OWN TRANSPORTATION AND THAT OF HIS DEPENDENTS.

IT IS STATED THAT THE PURPOSE OF THIS PROPOSED LEGISLATION IS TO "EQUALIZE TREATMENT" OF MEMBERS OF THE UNIFORMED SERVICES AND CIVILIAN EMPLOYEES WITH RESPECT TO PAYMENT FOR THE USE OF A PRIVATELY OWNED CONVEYANCE AND OTHER INCIDENTAL EXPENSES CONNECTED WITH TRANSPORTATION NECESSARY FOR CONDUCTING OFFICIAL BUSINESS "WITHIN" OR "OUTSIDE" THEIR DESIGNATED POSTS OF DUTY. HOWEVER, AS INDICATED ABOVE, IT WILL GRANT MEMBERS OF THE UNIFORMED SERVICES THE SAME PRIVATELY OWNED CONVEYANCE MILEAGE AND OTHER BENEFITS PRESCRIBED FOR CIVILIANS WHILE RETAINING FOR THEM ALL THE PRESENT MILEAGE BENEFITS OF SECTIONS 404 AND 406, TITLE 37, UNITED STATES CODE. IN OUR OPINION THIS WOULD RESULT IN AN UNWARRANTED DISCRIMINATION IN FAVOR OF MILITARY PERSONNEL.

IN OUR VIEW, A TRUE AND MORE EQUITABLE EQUALIZATION OF TREATMENT BETWEEN MEMBERS OF THE UNIFORMED SERVICES AND CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT WOULD BE TO INCREASE THE MILEAGE RATE FOR USE OF PRIVATELY OWNED VEHICLES TO 12 CENTS A MILE FOR MEMBERS OF THE UNIFORMED SERVICES (BUT NOT TO EXCEED 8 CENTS A MILE FOR USE OF A PRIVATELY OWNED MOTORCYCLE AS NOW PRESCRIBED IN THE CASE OF CIVILIANS) WITH AUTHORITY FOR PAYMENT OF AUTOMOBILE PARKING FEES, ETC., COUPLED, HOWEVER, WITH THE NECESSARY MODIFICATIONS OR OUTRIGHT REPEAL OF ANY INCONSISTENT PROVISION CONTAINED IN SECTIONS 404 AND 406, TITLE 37, U.S.C. SO AS TO BRING INTO CONFORMITY, INSOFAR AS "EQUALIZATION TREATMENT" PERMITS, THE LAWS AND REGULATIONS APPLICABLE TO MILITARY PERSONNEL AND THE PROVISIONS OF 5 U.S.C. 836 (SUBSISTENCE EXPENSES) AND 837 (MILEAGE ALLOWANCE) GOVERNING IN THE CASE OF CIVILIAN TRAVEL.

THE SECOND SENTENCE IN PROPOSED NEW SECTION 408 PROVIDES FOR REIMBURSEMENT "FOR THE ACTUAL COST OF TRANSPORTATION BY TRAIN, BUS, STREETCAR, TAXICAB, OR OTHER COMMERCIAL VEHICLES, WITHIN OR OUTSIDE HIS DESIGNATED POST OF DUTY OR PLACE OF SERVICE." THIS DOES NOT APPEAR TO INTRODUCE ANY BENEFIT NOT ALREADY AUTHORIZED BY SECTIONS 404 AND 408.

THE THIRD SENTENCE PROVIDES THAT "IN ADDITION, HE MAY BE REIMBURSED FOR THE ACTUAL COST OF PARKING FEES, FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS." THIS WOULD CONSTITUTE A NEW BENEFIT FOR MEMBERS OF THE UNIFORMED SERVICES IN CONNECTION WITH THE USE OF PRIVATELY OWNED CONVEYANCES AND IF THAT IS THE TRUE PURPOSE OF THIS PROPOSAL WE BELIEVE THAT ALL THAT IS NECESSARY TO ACCOMPLISH SUCH OBJECTIVE IS THE ADDITION OF A SENTENCE, SIMILAR TO THAT SUGGESTED IN CONNECTION WITH S. 2823, 88TH CONGRESS, TO SECTION 408 AND A SIMILAR SENTENCE AS A NEW CLAUSE (4) TO SECTION 404(D).

THE AMENDMENTS PROPOSED TO SECTION 411 OF TITLE 37, U.S.C. ARE DEEMED CONSTRUCTIVE IN NATURE AND WE RECOMMEND FAVORABLE CONSIDERATION THEREOF.