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 the provisions of existing laws which would be amended by the various provisions of the bill as reported: EXISTING LAW Title 10, United States Code THE BILL AS REPORTED That section 703 of title 10, United States Code, is amended as follows: (1) by inserting the designation "(a)" before "Leave" (2) and by adding the following new subsection: §703. Reenlistment leave. Leave for not more than 90 days may be authorized, in the discretion of the Secretary concerned, or his designated representative, "(b) Under regulations preto a member of an armed force scribed by the Secretary of Dewho reenlists. Leave authorized fense, and notwithstanding subunder this section shall be de- section (a), a member who is on ducted from leave accrued during active duty in an area described in active service before reenlistment or charged against leave that may accrue during future active service, or both. о section 310(a) (2) of title 37 and who, by reenlistment, extension of enlistment, or other voluntary action, extends his required tour of duty in that area for at least six months may be "(1) authorized not more than thirty days of leave, exclusive of travel time, at an authorized place selected by the member; and "(2) transported at the expense of the United States to and from that place. Leave under this subsection may not be charged or credited to leave that accrued or that may accrue under section 701 of this title. The provisions of this subsection shall be effective only in the case of members who extend their required tours of duty on or before June 30, 1968." 89TH CONGRESS 2d Session SENATE { REPORT No. 1692 TRAVEL AND TRANSPORTATION ALLOWANCES OF CERTAIN MEMBERS OF THE UNIFORMED SERVICES RELEASED FROM ACTIVE DUTY OCTOBER 6, 1966.-Ordered to be printed Mr. BYRD of Virginia, from the Committee on Armed Services, submitted the following REPORT [To accompany H.R. 266] The Committee on Armed Services, to which was referred the bill (H.R. 266) to amend sections 404 and 406 of title 37, United States Code, relating to travel and transportation allowances of certain members of the uniformed services who are retired, discharged, or released from active duty, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE This bill would (1) authorize members of the uniformed services who are retired, discharged, or released to inactive duty to wait longer than 1 year before selecting the home to which they are entitled to transportation for themselves and their dependents and the shipment of their baggage and household effects, and (2) authorize the storage of the baggage and household effects of such members for longer than 1 year, but the members would be required to pay the cost of storage for the period that exceeds 1 year. EXPLANATION Upon retirement members of the uniformed services are entitled to travel and transportation allowances for themselves and their dependents and to shipment of baggage and household effects to homes selected by them. The law prescribes no time limit within which this selection must be made, but the Comptroller General of the United States considers that 1 year is a reasonable time within which to make the decision unless the travel is prevented by circumstances beyond the control of the member. Many members of the uniformed services are retiring at ages when they desire to undertake another career or to supplement their income. To do so they frequently need additional education or further training to qualify for civilian employment. Many former members of the uniformed services are well qualified as teachers except for the required periods of formal schooling. When such schooling requires more than 1 year, retiring members of the uniformed services are at a disadvantage if they must select their home and travel to it within 1 year following their retirement. The objective of this bill is to authorize the Secretary of the service concerned to make reasonable extensions of the 1-year period for those persons who undergo schooling or training before selecting their retirement home. Complementary to this provision is a provision permitting an extension of the 1-year period in which the baggage and household effects of a person retiring may be stored at Government expense. Under current law, this 1-year period is extended for a person who is hospitalized or undergoing medical treatment at the time of his discharge. This bill would exclude from the 1-year period any time. within that year that a member is hospitalized or undergoing outpatient medical treatment. It also would permit the Secretary concerned to store for longer than 1 year the baggage and household effects of a retiring member who is to undergo schooling or training before selecting his retirement home, but the member would be required to pay the cost of storage for the period that exceeds 1 year. COST The only additional cost that should result from enactment of this bill is that attributable to the time during which a retiring person is hospitalized or undergoing outpatient treatment within the 1 year following his retirement. This cost is impractical to predict, for obvious reasons, but the Department of Defense considers that it is not significant. DEPARTMENTAL RECOMMENDATION The letter from the then Acting Secretary of the Air Force, dated July 3, 1965, that is printed below and made a part of this report shows that the Department of Defense supports this bill and that the Bureau of the Budget has no objection to it. The amendments mentioned in this letter were adopted in the other body and are retained in the version of the bill recommended by the committee. DEPARTMENT OF THE AIR FORCE, Hon. L. MENDEL RIVERS, DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to H.R. 266, 89th Congress. The Department of the Air Force has been designated to express the views of the Department of Defense. H.R. 266 provides that a member of the uniformed services retired, discharged, or released to inactive duty may select his home for the purposes of travel and transportation allowances and become entitled to transportation of his dependents, baggage, and household effects to the home selected within 1 year from the date he is retired, discharged, or released to inactive duty or within such longer period as may be authorized by the Secretary concerned. It also provides that nontemporary storage of baggage and household effects shall not be authorized for a period longer than 1 year from the date members are separated from the service, retired, placed upon the temporary disability retired list, discharged, or released from active duty, except that a longer period may be authorized by regulations promulgated by the respective Secretaries where a member is confined in a hospital or in its vicinity undergoing medical treatment on that date; or in the case of a member who (1) is retired for physical disability or placed on the temporary disability retired list; or (2) is retired with pay for any other reason, or, immediately following at least 8 years of continuous active duty (no single break therein of more than 90 days), is discharged with severance pay or involuntarily released to inactive duty with readjustment pay. In addition, H.R. 266 provides that the cost of such storage, for that period in excess of 1 year, shall except in the case of a member confined in a hospital or its vicinity undergoing medical treatment on date of separation, discharge, or release, be paid by that member. The law does not presently require that the cited travel be performed within 1 year. However, the Comptroller General has recognized the longstanding administrative view that 1 year is a resonable time for performing travel to a home in compliance with a military retirement order, unless such travel is prevented by circumstances beyond the control of the member. Comptroller General decision B-144302, December 19, 1960, ruled that any extension of this time. period could not be accomplished under the current law. The Department of Defense supports H.R. 266. At the present time many members are retiring, or must be retired, discharged, or released to inactive duty at an age when they desire to, or must, supplement their income. Often, however, it is necessary for the individual to acquire additional education or training in order to qualify for acceptable civilian employment. By virtue of their military experience and training, many such former members are extremely well qualified for the teaching profession, except for the required periods of formal schooling. Frequently, when the schooling, training, or other readjustment period requires more than 1 year, these former members are unable to select a home and travel thereto within the 1 year after retirement, discharge, or release to inactive duty. The Department of Defense believes that such individuals, who are undergoing additional academic training, will be of substantial assistance in alleviating the shortage of qualified personnel in the teaching profession and that the Secretary of the service involved should have the authority to extend the time period authorized for the selection of a home and travel thereto in these and other deserving cases. |