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1974/12/26 HR16006 Government Shipment of Motor Vehicles and Certain Travel and Transportation Allowances
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1974/12/26 HR16006 Government Shipment of Motor Vehicles and Certain Travel and Transportation Allowances
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The original documents are located in Box 16, folder "1974/12/26 HR16006 Government
Shipment of Motor Vehicles and Certain Travel and Transportation Allowances" of the
White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential
Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 16 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: December 27
Poster Colorado
December 23, 1974
12/26
MEMORANDUM FOR:
THE PRESIDENT
Joarchines
FROM:
KEN COLE
12/30
SUBJECT:
Enrolled Bill H.R. 16006 - Government
Shipment of Motor Vehicles and Certain
Travel and Transportation Allowances
Attached for your consideration is H.R. 16006, sponsored by
Representative Fisher and 12 others, which grants additional
authority relating to the shipment at Government expense of
motor vehicles owned by members of the Armed Forces. This
bill would also authorize certain travel and transportation
allowances to members of the uniformed services incapacitated
by illness.
OMB recommends approval and provides you with additional
background information in its enrolled bill report (Tab A).
NSC, Max Friedersdorf and Phil Areeda recommend approval.
RECOMMENDATION
That you sign H.R. 16006 (Tab B).
& FORD
APPROVED DEC 26 26 STATES UNITED
RESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 2 0 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 16006 - Government shipment
of motor vehicles and certain travel and
transportation allowances
Sponsor - Rep. Fisher (D) Texas and 12 others
Last Day for Action
December 27, 1974 - Friday
Purpose
Provides authority for the Government to utilize a
combination of land and water transportation when shipping
vehicles owned by members of the armed forces under certain
circumstances; authorizes reshipment or transshipment, at
Government expense, of an armed force member's privately
owned vehicle in certain cases; authorizes certain travel
and transportation allowances for members of the uniformed
services incapacitated by illness.
Agency Recommendations
Office of Management and Budget
Approval
Department of Defense
Approval
Discussion
Under existing statutory authority, a member of an armed
force who is ordered to make a change of permanent station
is entitled to shipment of his privately owned vehicle, at
Government expense, to his new duty station. Such shipment,
however, may only be on a vessel owned, leased or chartered
by the U.S., a privately owned American-flag ship, or in
the event that neither of those two shipping services is
available, by foreign-flag shipping. The enrolled bill
2
would amend the current law to permit a member's vehicle
to be transported, at Government expense, by a combination
of land and water transportation between customary ports
of embarkation and debarkation provided the major portion
of the distance covered is in U.S. flag ships and provided
the cost of such shipment does not exceed the cost to the
U.S. of direct water transportation.
Enactment of H.R. 16006 would enable the Government to
effectively utilize recent innovations in shipping known as
containerization. Cargo may now be transported more efficiently
and safely in containers designed to be carried in special
containerships and transferred easily between water and surface
transportation systems. Enactment of the bill could also
result in some savings and added convenience to both the
Government and members of the armed forces whose vehicles are
shipped and could result in more business for American-flag
vessels. For example, there is currently American-flag service
between Europe and California ports but not between Europe and
ports in Oregon and Washington. There is also no coastal
service between California and Oregon and Washington. Because
land shipment of members' vehicles, at Government expense,
is not authorized under existing law, the armed forces must
use foreign-flag shipping when transporting members' vehicles
from Europe to ports in Oregon and Washington. The enrolled
bill would permit shipment of members' vehicles on American-
flag vessels between Europe and California and overland
transportation of those vehicles between California and Oregon
and Washington.
H.R. 16006 would also authorize the reshipment or transship-
ment, at Government expense, of vehicles owned by members of
the armed forces whenever such transportation is necessitated
by a shipping error or whenever a member's orders have been
changed after shipment of his vehicle. Since authorities
under existing law do not cover these situations, an affected
member must pay the cost of any additional transportation
himself, even though the shipping error or change in orders
did not arise from any action on his part. The enrolled bill
would correct this inequity.
LIBRARY
3
Finally, the enrolled bill would provide authority for
members of the uniformed services who are ill and whose
illness is expected to require prolonged hospitalization
or treatment to receive travel and transportation allowances
for their dependents and household effects. The Comptroller
General has ruled that existing statutory authority, which
provides travel and transportation allowances to members
who are officially reported as dead, injured or in a missing
status for more than 29 days, does not apply to members who
become ill, even though such illness may be as incapacitating
as, an injury. The authorization of travel and transportation
benefits under the bill, which is retroactive to January 1,
1974, would remove this anomaly.
Wieloud H. Ronemal
Assistant Director for
Legislative Reference
Enclosures
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 2 0 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 16006 - Government shipment
of motor vehicles and certain travel and
transportation allowances
Sponsor - Rep. Fisher (D) Texas and 12 others
Last Day for Action
December 27, 1974 - Friday
Purpose
Provides authority for the Government to utilize a
combination of land and water transportation when shipping
vehicles owned by members of the armed forces under certain
circumstances; authorizes reshipment or transshipment, at
Government expense, of an armed force member's privately
owned vehicle in certain cases; authorizes certain travel
and transportation allowances for members of the uniformed
services incapacitated by illness.
Agency Recommendations
Office of Management and Budget
Approval
Department of Defense
Approval
Discussion
Under existing statutory authority, a member of an armed
force who is ordered to make a change of permanent station
is entitled to shipment of his privately owned vehicle, at
Government expense, to his new duty station. Such shipment,
however, may only be on a vessel owned, leased or chartered
by the U.S., a privately owned American-flag ship, or in
the event that neither of those two shipping services is
available, by foreign-flag shipping. The enrolled bill
FORD LIGRARY 03
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 802
Date: FOR ACTION: December NSC/S 20, 1974 Mr Bovery oh ok Time: 4:00 p.m.
CC (for information) : Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda ok
FROM THE STAFF SECRETARY
DUE: Date: Monday, December 23
Time: noon
SUBJECT:
Enrolled Bill H.R. 16006 - Government Shipment of Motor
Vehicles and Certain Travel and Transportation Allowances
ACTION REQUESTED:
For Necessary Action
x For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor, West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
SEAL R. FORD LIBRARY
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
DEPART OF
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20350
UNITED AMERICA
December 17, 1974
Dear Mr. Ash:
Your transmittal sheet dated December 16, 1974, enclosing a facsimile of
an enrolled bill of Congress, H.R. 16006, "To amend section 2634 of title 10,
United States Code, relating to the shipment at Government expense of motor
vehicles owned by members of the armed forces, and to amend chapter 10 of
title 37, United States Code, to authorize certain travel and transportation
allowances to members of the uniformed services incapacitated by illness,"
and requesting the comments of the Department of Defense, has been received.
The Department of the Navy has been assigned the responsibility for the pre-
paration of a report expressing the views of the Department of Defense.
The purpose of H.R. 16006 is to amend section 2634 of title 10, United States
Code, relating to the shipment at government expense of motor vehicles owned
by members of the armed forces, and section 554 of title 37, United States
Code, relating to certain travel and transportation allowances.
Section 2634 of title 10 currently authorizes the shipment at government
expense of a privately owned vehicle of a member of the armed forces
executing change of permanent station orders, but such shipment must be
(1) on a vessel owned, leased, or chartered by the United States; (2) by
privately owned American shipping services; or (3) by foreign-flag shipping
services if American-flag services are not reasonably available. Section 1
of H.R. 16006 would authorize the shipment of a privately owned vehicle by a
combination of land and water transportation if (1) the cost of shipment by
that combination does not exceed the cost of shipping the vehicle from the
customary port of embarkation to the customary port of debarkation by water
transportation and (2) the major portion of the distance which the vehicle
is shipped by a combination of land and water transportation is on American-
flag vessels.
Section 2 of 16006 would authorize the reshipment or transshipment of
a privately owned vehicle at government expense if such reshipment or trans-
shipment is necessitated by a shipping error or because orders directing a
change of permanent station are cancelled, revoked, or modified after their
receipt by the member.
Sections 3 and 4 of H.R. 16006 would authorize transportation for the de-
pendents and household and personal effects of a member of a uniformed
service on active duty who is officially reported as ill and whose illness
is expected to require prolonged hospitalization or treatment. The house-
hold and personal effects shipped pursuant to this authority could include,
in addition to other authorized weight allowances, one privately owned motor
BECEIVED
vehicle. Section 554 of title 37, United States Code, presently provides
the same entitlement for transportation of the dependents and household
and personal effects of a member of a uniformed service on active duty
who is reported as dead, injured, or absent for a period of more than
29 days in a missing status.
The approval of this legislation would result in no increase in the
budgetary requirements of the Department of Defense.
The Department of the Navy, on behalf of the Department of Defense, re-
commends the approval of H.R. 16006.
Sincerely yours,
D S Botter
D. S. Potter
Honorable Roy L. Ash
Under Secretary of the Navy
Director, Office of Management
and Budget
Washington, D.C. 20503
2
THE WHITE HOUSE
WASHINGTON
December 21, 1974
MEMORANDUM FOR:
WARREN HENDRIKS
FROM:
MAX L. FRIEDERSDORF
SUBJECT:
Action Memorandum - Log No. 802
Enrolled Bill H.R. 16006 - Government Shipment of
Motor Vehicles and Certain Travel and Transportation
Allowances
The Office of Legislative Affairs concurs in the attached proposal
and has no additional recommendations.
Attachment
720
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 802
Date: December 20, 1974
Time: 4:00 p.m.
FOR ACTION: NSC/S
cc (for information) Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
FROM THE STAFF SECRETARY
DUE: Date: Monday, December 23
Time: noon
SUBJECT:
Enrolled Bill H.R. 16006 - Government Shipment of Motor
Vehicles and Certain Travel and Transportation Allowances
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor, West Wing
but
12/23
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Nondribe
telephone the Staff Secretary immediately.
For the Presentint
Calendar No. 1266
93D CONGRESS
}
SENATE
REPORT
2d Session
No. 93-1339
PAY ADJUSTMENTS FOR CERTAIN INDIVIDUALS AD-
VERSELY AFFECTED BY 1972 FEDERAL PAY COM-
PARABILITY ADJUSTMENT
DECEMBER 12, 1974.-Ordered to be printed
Mr. McGEE, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
[To accompany H.R. 15067]
The Committee on Post Office and Civil Service, to which was re-
ferred the bill (H.R. 15067) to prevent reductions in pay for any
officer or employee who would be adversely affected as a result of im-
plementing Executive Order 11777, having considered the same, re-
ports favorably thereon without amendment and recommends that
the bill do pass.
The purpose of H.R. 15067 is to correct an unfair situation appli-
cable to some Federal employees whose rates of pay have been reduced
because of unusual circumstances involving implementation of Execu-
tive Order 11777 of April 12, 1974.
STATEMENT
This bill stems from the August 31, 1972 message to the Congress
from President Nixon in which he announced his decision to delay for
three months the October, 1972, pay adjustment due under the Federal
Pay Comparability Act of 1970.
Rates of pay under the statutory pay systems were thereby adjusted
in January, 1973, but the delay was successfully challenged in the
Federal Courts. Following a January 25, 1974, decision by the United
States Court of Appeals for the District of Columbia which held the
delay to be erroneous, the President issued Executive Order 11777 on
April 12, 1974, fixing the effective date of the pay adjustment at
October 1, 1972, and providing for payment of salaries due for the
three month period to employees and former employees.
38-010
2
3
In a few instances, where an employee transferred from one pay
effective date of the pay adjustment. (Examples of such cases are
system to another during the period between October 1, 1972, and
shown in Attachment No. 2 of Civil Service Commission Bulletin No.
January 1, 1973, the reconstruction of pay pursuant to the Executive
531-66, May 9, 1974, a copy of which is-enclosed.) H.R. 15067 would
Order has resulted in a net loss rather than an increase in pay.
remedy these situations.
The Committee believes, as does the Administration, that no em-
The Civil Service Commission is in complete agreement with H.R.
ployee should suffer a reduction in salary as a result of these unusual
15067, as we believe, given the circumstances of this extremely com-
circumstances. The bill would rectify such instances. Its effect would
plex situation, that it would be unfair to require any employee to
be to have an employee's pay adjusted to the step and grade at which
suffer a loss of pay as a result of this change in effective date. There-
his pay was fixed when the transfer from one pay system to another
fore, we urge that your committee give this bill favorable considera-
was made, retroactive to the date of the personnel action. This adjusted
tion.
rate of pay would also be the base for any subsequent pay actions
The Office of Management and Budget advises that, from the stand-
affecting him.
point of the Administration's program, there is no objection to the
submission of this report.
COMMITTEE ACTION
By direction of the Commission.
No hearings were held on the bill, which was considered by the Full
Sincerely yours,
L. J. ANDOLSEK,
Committee and ordered reported on December 12, 1974.
Acting Chairman.
COST
COMPTROLLER GENERAL OF THE UNITED STATES,
While time has not permitted the thorough review of personnel
Washington, D.C., November 14, 1974.
actions necessary to provide a reliable estimate of the total cost in-
Hon. GALE McGEE,
volved in implementing H.R. 15067, the Civil Service Commission
Chairman, Committee on Post Office and Civil Service,
has estimated that only a few hundred employees would be covered by
U.S. Senate
the bill. The cost, therefore, would be small.
DEAR MR. CHAIRMAN: Your letter of October 21, 1974, requested
our report on H.R. 15067, 93d Congress, 2d Session, an act to prevent
AGENCY REPORTS
reductions in pay for any officer or employee who would be adversely
The reports of the Civil Service Commission and Comptroller Gen-
affected as a result of implementing Executive Order 11777, April 12,
1974.
eral follow (the examples of cases covered by the bill referred to in
The purpose of H.R. 15067 is the same as that of S. 3892, 93d Con-
the Commission's views appear in House Report No. 93-1384)
:
gress, 2d Session, which was the subject of our report to you dated
U.S. CIVIL SERVICE COMMISSION,
October 18, 1974, B-167266. However, H.R. 15067 would prevent a
Washington, D.C., November 4, 1974.
reduction in pay resulting from Executive Order 11777 for any officer
Hon. GALE W. McGEE,
or employee of the United States, whereas S. 3892 would prevent such
Chairman, Committee on Post Office and Civil Service, U.S. Senate,
reductions only for those officers and employees who became subject
Washington, D.C.
to the General Schedule during the retroactive period. In our report
DEAR MR. CHAIRMAN: This letter is in further response to your
of October 18, 1974, we stated that we had no objection to the purpose
request for the Commission's views on H.R. 15067, a bill "To prevent
of S. 3892, but we believed that it would be inequitable to not prevent
reductions in pay for any officer or employee who would be adversely
reductions for all employees who would have their pay reduced as a
affected as a result of implementing Executive Order 11777."
result of Executive Order 11777. Accordingly, we recommended that
Executive Order 11777 retroactively changed the effective date of the
S. 3892 be revised along the lines suggested by the Civil Service Com-
January 1973 pay adjustment for the General Schedule and the other
mission in its report to you on that bill.
statutory pay systems to October 1972. This change in effective date
Since the provisions of H.R. 15067 are similar to those suggested by
was ordered by President Nixon in accordance with a decision by the
the Commission, we have no objection to favorable consideration of
United States Court of Appeals for the District of Columbia Circuit,
that act.
which held that the delay of the pay adjustment from October 1972 to
Sincerely yours,
January 1973 was erroneous.
R. F. KELLER,
As a result of Executive Order 11777, almost every employee who
Deputy Comptroller General of the United States.
occupied a position under one of the statutory pay systems between
October 1972 and January 1973 is entitled to a retroactive payment. In
a few cases, however, because of the workings of various pay laws and
regulations, employees will lose money as a result of this change in
S.R. 1339
S.R. 1339
93D CONGRESS
}
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1224
GRANTING ADDITIONAL AUTHORITY RELATING TO THE SHIPMENT
AT GOVERNMENT EXPENSE OF MOTOR VEHICLES OWNED BY
MEMBERS OF THE ARMED FORCES
JULY 25, 1974.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. FISHER, from the Committee on Armed Services,
submitted the following
REPORT
[To accompany H.R. 16006]
The Committee on Armed Services, to whom was referred the bill
(H.R. 16006) to amend section 2634 of title 10, United States Code,
relating to the shipment at Government expense of motor vehicles
owned by members of the armed forces, and to amend chapter 10 of
title 37, United States Code, to authorize certain travel and transpor-
tation allowances to members of the uniformed services incapacitated
by illness, having considered the same, report favorably thereon with-
out amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
At present, the authorization contained in section 2634 of title 10,
United States Code, provides that the shipment of private vehicles
owned by members of the armed services executing a permanent
change of station, can be accomplished at government expense only
(1) on a vessel owned, leased or chartered by the United States, (2)
by privately-owned American shipping services; or (3) by foreign-
flag shipping services if American-flag services are not reasonably
available. This legislative proposal would authorize the services to
utilize surface transportation in combination with water transporta-
tion for moving these vehicles if the cost of this combination would
not exceed the cost of direct water transportation between customary
ports of embarkation and debarkation, and if the major portion of
the distance in such combined transportation is on American-flag
vessels.
For the purposes of this legislation, a "customary port" is considered
to be one which is closest or most convenient to the member's duty
38-006
2
3
station from or to which ocean transportation, either breakbulk or
Section 3 and Section 4 of the bill incorporate the provisions of H.R.
container, is available.
15521 which was initially referred to the Committee. This legislative
Additionally, authority for the reshipment or transshipment of these
proposal provides the transportation and travel entitlements spelled
vehicles is provided when an error in shipping has occurred, or when
out in section 554 of title 37, United States Code, to those military per-
orders involving the permanent change of station have been canceled,
sonnel who are ill. At present; these entitlements are available only to
revoked, or modified after receipt by the serviceman.
military personnel who are dead, injured, or absent for a period of
Section 554 of title 37, United States Code, provides certain trans-
more than 29 days in a missing status.
portation and travel entitlements for military personnel who are dead,
A recent Comptroller General opinion (Decision B-145471, 49
injured, or absent for more than 29 days in a missing status. This
Comp. Gen. 101 (1969)) ruled that the present language would not
legislation would also extend those covered to include those military
encompass those military personnel who have contracted an illness,
personnel who are ill, when prolonged hospitalization or treatment
even though it requires prolonged hospitalization and results in a sim-
is anticipated in conjunction with this illness.
ilar degree of incapacitation as for those who are injured. This legisla-
tion, which is retroactive to January 1, 1974, rectifies this anomaly.
BACKGROUND
CLEAN BILL
Section 1 of the legislation incorporates a proposal introduced and
referred to the Committee initially as H.R. 5787, and in identical
The legislation was originally referred to House Armed Services
form as H.R. 7757. The authorization provided in that section will
Committee legislative Subcommittee No. 2 as H.R. 5787, H.R. 7757
allow the services to recognize and benefit by recent innovations in
(identical bills) and H.R. 15521. The clean bill incorporates the pro-
maritime shipment techniques known as containerization. This process,
visions of each of these bills in toto, and also adopts section (d) of the
which is used widely, provides for the cargo to be loaded into pro-
Department of Defense's proposed substitute bill on this same subject.
tective containers at the point of origin, then moved by any one of
Subsequent to hearings and a full consideration of the appropriate
several different modes of transportation in combination with the sea
form for the legislation under consideration, a clean bill was intro-
portion of the journey. Presently, the military services may not con-
duced as H.R. 16006.
tract with the carriers who utilize this process as it involves a degree
FISCAL DATA
of non-maritime movement, which cannot be paid for by the govern-
ment under current law. It is intended that this additional authority
No additional funds are required by the Department of Defense for
will allow the services to benefit through increased competition and
this year or ensuing years. Financing would be absorbed within exist-
the resulting lowered rates, improved services and increased incentive
ing available resources. Section 1 of the bill will not result in any in-
for efficient service. This benefit will accrue without causing any addi-
creased costs. It is estimated that the annual cost of the provision in
tional cost in the movement of these vehicles, as well as avoiding any
Section 2 will be approximately $50,000 annually. As to the fiscal im-
adverse impact on the U.S. maritime industry from this use of alter-
pact of Sections 3 and 4 of the bill, the Department of Defense was
native modes of transportation by restricting the use of this authority
unable to provide precise cost figures. However, these provisions will
to combinations of transportation involving American-flag services.
provide no change in the Department's budgetary requirements.
Section 2 of the bill is meant to terminate a highly inequitable
situation which occasionally arises in the movement of these private
DEPARTMENTAL POSITION
vehicles owned by servicemen and women upon their permanent change
of station. In the movement of these vehicles, situations occur in which
The Department of Defense supports this legislation and the Office
the vehicle is simply shipped to an incorrect destination, or else shipped
of Management and Budget interposes no objection, as indicated in the
to a destination in accord with a serviceman's initial orders, which
correspondence below:
are thereafter canceled, reyoked, or modified. When such an occasion
DEPARTMENT OF THE NAVY,
arises, the Comptroller General (in Decision B-156892; March 4,
OFFICE OF LEGISLATIVE AFFAIRS,
1966; 45 Comp. Gen. 544, 547) has determined that the present
Washington, D.C., November 14, 1973.
Hon. F. EDWARD HÉBERT,
authority contained in section 2634 of title 10 does not allow this
stranded vehicle to be reshipped or transshipped at government
Chairman, Committee on Armed Services, House of Representatives,
expense. Therefore, the serviceman himself must pay the cost of this
Washington, D.C.
reshipment or transshipment, although the problem was not of his
DEAR MR. CHAIRMAN: Your request for comment on H.R. 5787 a
own making. The frequency of such circumstances is just under 60
bill "To amend section 2634 of title 10, United States Code, relating
a year on the average. Section 2 of the bill specifically authorizes the
to the shipment at Government expense of motor vehicles owned by
reshipment and transshipment of these vehicles on such occasions.
members of the armed forces," has been assigned to this Department
4
5
by the Secretary of Defense for the preparation of a report expressing
the views of the Department of Defense.
land transportation at their own expense. Either choice can result in
The purpose of this bill is to provide the military departments the
considerable hardship to the members involved. Nevertheless, the gov-
authority to use land transportation in combination with water trans-
ernment may not arrange for the shipment of such vehicles by land
portation for movement of privately owned vehicles if the cost of such
transportation at its expense because the Comptroller General of the
combined transportation would not exceed the cost of direct water
United States has ruled-in his decision B-158097 of March 12, 1971
transportation between customary ports of embarkation and debarka-
(50 Comp. Gen. 615)-that 10 U.S.C. 2634 does not authorize the
tion and if the major portion of such combined transportation is on
movement of privately owned vehicles between ports by land trans-
American-flag vessels. Section 2634 of title 10, United States Code,
portation at government expense in such situations. The enclosed sub-
currently authorizes the shipment at government expense of privately
stitute draft bill would authorize such movement at government
owned vehicles of members of the armed services executing change of
expense.
permanent station orders, but such shipment must be (1) on a vessel
In those instances in which several ports are grouped closely in one
owned, leased, OF chartered by the United States; (2) by privately
geographic area, the ships of any one carrier usually call at only one or
owned American shipping services; or (3) by foreign-flag shipping
a few of those ports rather than at each one. As a result, adequate serv-
services if American-flag services are not reasonably available.
ice is available only if the military services can use all of the ports in
As a matter of general policy, the military departments are required
the area. An example of this situation is the location of the German
to evaluate all modes of transportation in order to select the most
ports of Hamburg, Bremen, and Bremerhaven within approximately
economical mode available. Although passage of H.R. 5787 would per-
80 miles of each other. The ships of any particular U.S.-flag carrier
mit greater flexibility in logistical planning and might result in some
serving Germany usually call at only one of those three ports. At the
cost-savings, the Department of the Navy, on behalf of the Depart-
present time, members of the armed services deliver or pick up their
ment of Defense, recommends the enactment of the enclosed substitute
vehicles only at Bremerhaven, where there are extensive processing
draft bill.
facilities. Since the military services do not know in advance how many
The substitute draft bill would authorize shipment of privately
members will be delivering their vehicles for shipment at any partic-
owned vehicles by land transportation or by any combination of water
ular time or which ship will be available to transport any particular
and land transportation if the cost of such transportation is the same
vehicle, the services are unable to direct the member to take his vehicle
as or less than the cost of direct water transportation from the cus-
to Bremen or Hamburg rather than to Bremerhaven. To obtain con-
tomary port of embarkation to the customary port of debarkation, if
sistently cheap and adequate service, however, it is sometimes necessary
the use of such transportation is required to permit the utilization of
to move a privately owned vehicle overland from the collection point
American-flag shipping, or if there is no direct water transportation
in Bremerhaven to the ports of Bremen or Hamburg for shipment.
reasonably available from the customary port of embarkation to the
Such movement is possible at present only because the carriers make
customary port of debarkation. This expanded authority is desirable
no charge for this overland shipment in addition to their charge for
because of the advent of the containership system and its replacement
the subsequent water transportation. Should a carrier calling only at:
of the traditional breakbulk ship. The development of the intermodal
Bremen or Hamburg decide to levy an additional charge for the over-
container and the containership specially designed to earry it has
land shipment, the aforementioned Comptroller General's opinion
made feasible the substitution of land transportation for direct water
would require the military services to stop moving vehicles from Brem-
transportation since both land and containership tranportation sys-
erhaven to Bremen or Hamburg and instead to use on occasion a more
tems are designed to carry the container efficiently and to enable trans-
expensive American-flag carrier calling at Bremerhaven or even a for-
fer between them without risk to the safety of the cargo.
eign-flag carrier calling at Bremerhaven if no American-flag carrier
Because the containership system has brought an increased reliance
were reasonably available at Bremerhaven. Enactment of the enclosed
on feeder systems, implemented either by water or land transporta-
substitute draft bill, therefore, would not only promote cost reduction
tion, to collect and distribute cargo at major ports of call, the number
but also would improve this country's international balance of pay-
of port calls by transoceanic ships has decreased. Although the mili-
ments by promoting the continued use of American-flag shipping.
tary services have recognized the reduction in port calls by changing
The services of U.S. flag-carriers could be utilized in an additional
the location at which service members pick up and deliver privately
situation if the enclosed substitute draft bill were enacted. For exam-
owned vehicles, on occasion vehicles are delivered by their owners for
ple, there is a U.S. flag service between Europe and California ports
shipment at a port to which service suddenly ends, either permanently
but there is no American-flag service from Europe to ports in Washing-
or for an extended period of time, because of an unannounced change
ton and Oregon. Since there is also no coastal service between Cali-
in schedule, a strike, port congestion, or a catastrophe. When vehicles
fornia and Washington or Oregon and since the aforementioned
are frustrated at a particular port on such an occasion, their owners
Comptroller General's opinion precludes the overland shipment of pri-
must either leave their vehicles at that port until service is resumed
vately owned vehicles at government expense between ports in Cali-
or arrange for the shipment of their vehicles to a substitute port by
fornia and Washington or Oregon, the military services must utilize
6
7
foreign-flag carriers between Europe and Washington or Oregon. The
orders, it appears that it would have done SO in clear and unmistak-
substitute draft bill would permit the shipment of privately owned
able language." (Decision B-156892; March 4, 1966; 45 Comp. Gen.
vehicles on American flag-vessels from Europe to California and the
544, 547)
overland shipment of those vehicles from California to Washington
Enactment of H.R. 5787 or of the substitute draft bill will result in
and Oregon.
no increase in the Department of Defense budgetary requirements.
The shipment of privately owned vehicles by a combination of land
This report has been coordinated within the Department of Defense
and water transportation as authorized by the substitute draft bill
in accordance with procedures prescribed by the Secretary of Defense.
would have other cost-saving effects. In some cases it would be less
The Office of Management and Budget advises that, from the stand-
expensive to ship vehicles from Europe to New Orleans by water trans-
point of the Administration's program, there is no objection to the
portation and then from New Orleans to the West Coast of the con-
presentation of this report on H.R. 5787 for the consideration of the
tinental United States by land transportation rather than to ship those
Committee.
vehicles solely by water transportation from Europe to West Coast
For the Secretary of the Navy.
ports. In addition, it may be less expensive to ship vehicles from Alaska
Sincerely yours,
to the continental United States overland or by a combination land
E. K. SNYDER,
and water route rather than by an all-water route.
Rear Admiral, USN, Chief of Legislative fairs.
The substitute draft bill would also authorize the use of air transpor-
Enclosure: Substitute draft bill.
tation or land transportation or a combination of air, land, or water
transportation if either the customary port of embarkation or the
A BILL To amend section 2634 of title 10, United States Code, relating to the shipment at
Government expense of motor vehicles owned by members of the armed forces
customary port of debarkation is not accessible by water. Such author-
ization is needed because during part of each year ships cannot pick up
Be it enacted by the Senate and House of Representatives of the
or deliver privately owned vehicles at ports which, like those in Lab-
United States of America in Congress assembled, That section 2634 of
rador, are icebound.
title 10, United States Code, is amended by adding the following new
Furthermore, the substitute draft bill would permit the shipment
subsections:
of privately owned vehicles by air or by a combination of air, land, or
(c) When the transportation of a motor vehicle is authorized by
water transportation if such means of shipment is the least expensive
subsection (a), such motor vehicle may be shipped between two ports—
method available. Authorization of movement by air transportation
'(1) by land transportation or by any combination of water
when such movement is less costly than movement by surface trans-
and land transportation if-
portation is in accord with the Department of Defense directive re-
'(a) there is no water transportation reasonably available
quiring utilization of that means of transportation which meets De-
from the customary port of embarkation,
partment of Defense requirements satisfactorily at the lowest over-all
(b) such transportation is required to utilize United States
cost from origin to destination.
flag shipping, or
Finally, the substitute draft bill would authorize the reshipment or
(c) the cost of such transportation is the same as or less
transshipment of a privately owned vehicle at government expense if
than the cost of direct water transportation from the cus-
such reshipment or transshipment is necessitated by a shipping error
tomary port of embarkation to the customary port of
or because orders directing a change of permanent station are can-
debarkation;
celled, revoked, or modified after their receipt by the member.
(2) by air or land transportation or by any combination of
Members proceeding under change of station orders occasionally re-
air, water, or land transportation if either the customary port of
ceive revisions in those orders directing the members to proceed to
embarkation or the customary port of debarkation is not accessible
duty stations other than those originally specified. In some instances,
by water;
members proceeding under orders between the United States and over-
(3) by air transportation or by any combination of air, water,
seas areas have already shipped a privately owned vehicle or turned
or land transportation if the cost of such transportation is less
it in to a terminal for shipment when those members receive amended
than the cost of direct water transportation or a combination of
or cancelled orders. However, 10 U.S.C. 2634 does not explicitly au-
water and land transportation from the customary port of em-
thorize an additional movement of a vehicle at government expense
barkation to the customary port of debarkation."
incident to such a change in orders. Moreover, the Acting Comptroller
(d) When there has been a shipping error, or when orders directing
General of the United States has ruled that present regulations may
a change of permanent station have been cancelled, revoked, or modi-
not be revised to permit this additional movement because "[h]ad
fied after receipt by the member, a motor vehicle transported pursuant
Congress intended to authorize the reshipment or transshipment of a
to this section may also be reshipped or transhipped in accordance with
privately owned vehicle because of the cancellation or revocation of
this section."
8
9
DEPARTMENT OF THE NAVY,
OFFICE OF LEGISLATIVE AFFAIRS,
Washington, D.C., July 18, 1974.
Hon. F. EDWARD HÉBERT,
Chairman, Committee on Armed Services, House of Representatives,
Washington, D.C.
DEAR MR. CHAIRMAN: Your request for comment on H.R. 15521, a
bill "To amend chapter 10 of title 37, United States Code, to authorize
certain travel and transportation allowances to members of the uni-
formed services incapacitated by illness," has been assigned to this
Department by the Secretary of Defense for the preparation of a
report expressing the views of the Department of Defense.
The purpose of H.R. 15521 is to amend section 554 of title 37, United
States Code, to authorize transportation for the dependents and house-
hold and personal effects of a member of a uniformed service on active
duty who is officially reported as ill and whose illness is expected to
addition to other authorized weight allowances, one privately owned
motor vehicle. Section 554 presently provides the same entitlement for
transportation of the dependents and household and personal effects
of a member of a uniformed service on active duty who is reported as
dead, injured, or absent for a period of more than 29 days in a missing
status.
troller General, in his decision B-145471 [49 Comp. 101 (1969) has
CHANGES IN EXISTING LAW
In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, there is printed below in
parallel columns the text of provisions of existing law which would be repealed or amended by the various provisions
THE BILL AS REPORTED
require prolonged hospitalization or treatment. The household and
personnel effects shipped pursuant to this authority could include, in
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, That section of title 10, United States Code,
(1) striking out the word "or" at the end of clause
(2) striking out the period at the end of clause (3)
and inserting in lieu thereof a semicolon and the word
(3) adding at the end thereof a new clause as
(4) in the case of movement, the major portion
of which is by shipping services described in clause
(1) or (2), by other surface transportation between
customary ports of embarkation and debarkation if
such means of transport does not exceed the cost to
the United States of other authorized means.".
is amended by-
(2)
"or"; and
follows:
Although an illness may be as incapacitating as an injury, the Comp-
held that a member of a uniformed service who becomes ill or contracts
a disease which does not result in his death while in an active duty
status is not entitled to the benefits of 37 U.S.C. 554 because that section
does not specifically refer to disease or illness.
The Department of the Navy, on behalf of the Department of
Defense, supports enactment of H.R. 15521.
In accordance with section 554 (c), it is anticipated that the entitle-
ment in cases of "illness" would be administered in the same way as
is the present entitlement in cases of "injury."
The limited time available for review of H.R. 15521 precludes the
presentation of any precise cost data. However, readily available in-
formation indicates that enactment of the bill would result in no
increase in the budgetary requirements of the Department of Defense.
This report has been coordinated within the Department of Defense
in accordance with procedures prescribed by the Secretary of Defense.
The Office of Management and Budget advises that, from the stand-
EXISTING LAW
point of the Administration's program, there is no objection to the
presentation of this report on H.R. 15521 for the consideration of the
Committee.
For the Secretary of the Navy.
Deputy Chief.
of the bill as reported.
Section 2634 of title 10, United States Code
Sincerely yours,
§ 2634. Motor vehicles; for members on change of
permanent station
(a) When a member of an armed force is ordered to
E. H. WILLETT,
make a change of permanent station, one motor vehicle
owned by him and for his personal use or the use of his
dependents may, unless a motor vehicle owned by him was
transported in advance of that change of permanent sta-
tion under section 406(h) of title 37, be transported, at
the expense of the United States, to his new station or such
other place as the Secretary concerned may authorize-
(1) on a vessel owned, leased, or chartered by the
(2) by privately owned American shipping services;
(3) by foreign-flag shipping services if shipping
United States;
services described in clauses (1) and (2) are not rea-
Captain, U.S. Navy,
sonably available.
COMMITTEE POSITION
or
The Committee on Armed Services on July 25, 1974, a quorum being
present, unanimously endorsed enactment of the bill.
H.R. 1224
H. Rept. 93-1224-2
EXISTING LAW
THE BILL AS REPORTED
When the Secretary concerned, or his designee, determines
that a replacement for that motor vehicle is necessary for
reasons beyond the control of the member and is in the in-
terest of the United States, and he approves the transpor-
tation in advance, one additional motor vheicle of the
member may be SO transported.
(b) In this section, "change of permanent station"
means the transfer or assignment of a member of the armed
forces from one permanent station to another. It includes
the change from home or from the place from which or-
10
dered to active duty to first station upon appointment, call
to active duty, enlistment, or induction, and from last duty
station to home or to the place from which ordered to ac-
tive duty upon separation from the service, placement upon
the temporary disability retired list, release from active
duty or retirement. It also includes an authorized change
in home yard or home port of a vessel. Added Pub.L. 87-
651, Title I, § 111 (b), Sept. 7, 1962, 76 Stat. 510, amended
Pub.L. 88-431, § 1(b), Aug. 14, 1964, 78 Stat. 439; Pub.L.
89-101, § 1(1), July 30, 1965, 79 Stat. 425.
SEC. 2. Section 2634 of title 10, United States Code, is
further amended by adding at the end thereof the follow-
ing new subsection:
(c) When there has been a shipping error, or when
orders directing a change of permanent station have been
canceled, revoked, or modified after receipt by the member,
a motor vehicle transported pursuant to this section may
also be reshipped or transshipped in accordance with this
section."
Section 554 of title 37, United States Code
§ 554. Travel and transportation; dependents; house-
hold and personal effects; trailers; additional movements;
motor vehicles; sale of bulky items; claims for proceeds;
appropriation chargeable
(a) In this section, "household and personal effects" and
"household effects" may include, in addition to other au-
11
thorized weight allowances, one privately owned motor
vehicle which may be shipped at United States expense.
Under regulations prescribed by the Secretaries concerned,
and in place of the transportation of household and per-
sonal effects, a dependent, who would otherwise be entitled
to transportation of household and personal effects under
this section, may transport a house trailer or mobile dwell-
ing within and between the areas specified in section 409
of this title for use as a residence by one of the following
means—
EXISTING LAW
THE BILL AS REPORTED
(1) transport it and be reimbursed by the United
States;
(2) deliver it to an agent of the United States for
transportation by the United States or by commercial
means; or
(3) have it transported by commercial means and
be reimbursed by the United States.
If a trailer or dwelling is transported under clause (2) or
(3) of this subsection, that transportation may include one
12
privately owned motor vehicle which may be shipped at
United States expense. Transportation, and incidental
costs, authorized by this section shall be at United States
expense without any cost limitation, and any payment au-
thorized may be made in advance of the transportation
concerned.
(b) Transportation (including packing, crating, dray-
SEC. 3. (1) Subsection (b) of section 554, title 37,
age, temporary storage, and unpacking of household and
United States Code, is amended by-
personal effects) may be provided for the dependents and
(A) inserting "ill," before "or absent for a period
household and personal effects of a member of a uni-
of more than 29 days in a missing status"; and
formed service on active duty (without- regard to pay
(B) striking out " (if injured) in paragraph (3)
grade) who is officially reported as dead, injured, or
and inserting in lieu thereof (if injured or ill)".
absent for a period of more than 29 days in a missing
(2) Subsection (c) of section 554, title 37, United
status-
States Code, is amended by inserting "or ill" before
(1) to the member's official residence of record; "status,",
(2) to the residence of his dependent, next of kin,
or other person entitled to custody of the effects,
under regulations prescribed by the Secretary con-
cerned; or
(3) on request of the member (if injured), or his
dependent, next of kin, or other person described in
clause (2), to another location determined in ad-
vance or later approved by the Secretary concerned,
or his designee.
When he considers it necessary, the Secretary concerned
may, with respect to the household and personal effects of
a member who is officially reported as absent for a period
of more than 29 days in a missing status, authorize the
nontemporary storage of those effects for a period of one
year, or longer when justified. In addition, he may author-
ize additional movements of, and prescribe transporta-
13
tion, for, the dependents and household and personal
effects, or the dependents and house trailer or mobile
dwelling, of a member who is officially reported as absent
for a period of more than one year in a missing status.
(c) When a member described in subsection (b) of this
SEC. 4. The amendments made by section 3 of this Act
section is in an injured status, transportation of depend-
shall apply with respect to members of the uniformed
ents and household and personal effects authorized by
services incapacitated by illness on or after January 1,
this section may be provided only when prolonged hos-
1974.
pitalization or treatment is anticipated.
14
SUMMARY
PURPOSE OF THE BILL
To provide the Department of Defense with authority to utilize
surface transportation in the shipment of vehicles owned by military
personnel executing a permanent change of station, as long as the cost
of the transportation using a combination of sea and surface trans-
portation does not exceed the cost of direct water transport, and if the
major portion of this combination transportation is on American-flag
vessels.
To provide the Department of Defense authority to reship or trans-
ship vehicles owned by military personnel when an error in shipping
has occurred, or when orders involving the permanent change of sta-
tion have been cancelled, revoked or modified after receipt by the
serviceman.
To provide certain travel and transportation entitlements to those
military personnel who are ill, when prolonged hospitalization or
treatment is anticipated in conjunction with the illness, in the same
manner that these entitlements are presently allowed to personnel
dead, injured or absent for a period of more than 29 days in a missing
status.
FISCAL DATA
The enactment of this legislation will result in no increase in the
budgetary requirements of the Department of Defense.
DEPARTMENTAL POSITION
The Department of Defense supports this legislation and the Office
of Management and Budget interposes no objection.
COMMITTEE POSITION
The Committee on Armed Services on July 25, 1974, a quorum being
present, unanimously endorsed enactment of the bill.
LIBRARY
REALTH
H. R. 16006
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To amend section 2634 of title 10, United States Code, relating to the shipment at
Government expense of motor vehicles owned by members of the armed forces,
and to amend chapter 10 of title 37, United States Code, to authorize certain
travel and transportation allowances to members of the uniformed services
incapacitated by illness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2634(a)
of title 10, United States Code, is amended by-
(1) striking out the word "or" at the end of clause (2) ;
(2) striking out the period at the end of clause (3) and insert-
ing in lieu thereof a semicolon and the word "or"; and
(3) adding at the end thereof a new clause as follows:
(4) in the case of movement, the major portion of which is
by shipping services described in clause (1) or (2), by other
surface transportation between customary ports of embarkation
and debarkation if such means of transport does not exceed the
cost to the United States of other authorized means.".
SEC. 2. Section 2634 of title 10, United States Code, is further
amended by adding at the end thereof the following new sub-
section:
"(c) When there has been a shipping error, or when orders direct-
ing a change of permanent station have been canceled, revoked,
or modified after receipt by the member, a motor vehicle transported
pursuant to this section may also be reshipped or transshipped in
accordance with this section.
SEC. 3. (1) Subsection (b) of section 554, title 37, United States
Code, is amended by
(A) inserting "ill," before "or absent for a period of more
than 29 days in a missing status-"; and
(B) striking out "(if injured)" in paragraph (3) and insert-
ing in lieu thereof (if injured or ill)".
(2) Subsection (c) of section 554, title 37, United States Code, is
amended by inserting "or ill" before "status,".
SEC. 4. The amendments made by section 3 of this Act shall apply
with respect to members of the uniformed services incapacitated by
illness on or after January 1, 1974.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 16, 1974
Dear Mr. Director:
The following bills were received at the White
House on December 16ths
S.J. Res. 263
VII.R. 14349
H.R. 1355
VE.R. 15067
H.R. 5056
P.R. 158186
H.R. 7072
H.R. 16006
M.R. 7077
H.R. 16424
H.R. 11013
Please let the President have reports and
recommendations as to the approval. of these
bills as soon as pessible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.
BERALD 7020