AMENDING TITLE 28, UNITED STATES CODE, SECTION 456, SO AS TO INCREASE THE LIMIT ON SUBSISTENCE EXPENSES ALLOWED TO JUSTICES AND JUDGES WHILE ATTENDING COURT OR TRANSACTING OFFICIAL BUSINESS AT PLACES OTHER THAN THEIR OFFICIAL STATION AUGUST 10, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. GORSKI of Illinois, from the Committee on the Judiciary, submitted the following REPORT (To accompany H. R. 2166 The Committee on the Judiciary, to whom was referred the bill (H. R. 2166) to amend title 28, United States Code, section 456, so as to increase to $15 per day the limit on subsistence expenses allowed to justices and judges while attending court or transacting official business at places other than their official station, and to authorize reimbursement for such travel by privately owned automobiles at the rate of 7 cents per mile, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: 1. Page 2, line 6. strike out "the" and insert in lieu thereof "a". 2. Page 2, line 6, following the word "of" insert "not exceeding”. 3. Amend the title of the bill to read as follows: A bill to amend title 28, United States Code, section 456, so as to increase to $15 per day the limit on subsistence expenses allowed to justices and judges while attending court or transacting official business at places other than their officia! station, and to authorize reimbursement for such travel by privately owned automobiles at a rate of not exceeding 7 cents per mile PURPOSE OF THE AMENDMENTS The purpose of these amendments is to insure the payment to judges for travel by privately owned automobiles at a rate not to exceed 7 cents per mile in lieu of actual expenses. PURPOSE The purpose of this bill is to increase from $10 to $15 a day the maximum allowance to Federal justices and judges for subsistence and maintenance while engaged in official travel and also to authorize their reimbursement for such travel by privately owned automobiles at a maximum rate of 7 cents per mile. Accordingly, it amends section 456, title 28, United States Code. GENERAL STATEMENT The Judicial Conference of the United States, at its regular annual meeting in September 1948, recommended the enactment of legisla tion such as this bill in order to correct the inadequacy in the present law for reimbursement for maintenance and travel while engaged in official business away from a justice's or judge's official station. The increase in the cost of living since 1940 is notorious and Nationwide. According to the statistics of the Labor Department, the cost of living generally has arisen 70.9 percent since 1940. It is common knowledge that there has been an increase in the cost of hotel accommodations and meals, and such increases are most common in large cities, where most of the assignments of Federal judges away from their official stations are made. Under the present allowance of $10 a day, a Federal judge has been forced to pay part of his daily maintenance and subsistence from his own funds. Under the proposed law, only the maximum for subsistence expenses is raised. As in the present law, the actual expenses incurred will still be the measure. The effect of this legislation is merely to place a ceiling on the expenses actually incurred for subsistence from $10 to $15. The imposition of such a maximum amount affords a degree of flexibility so as to meet the variations in costs for accommodations and meals in various sections throughout the country. The second part of this legislation permits justices and judges to be reimbursed for the use of a privately owned automobile on official business at a maximum rate of 7 cents per mile. Under both the present law and the proposed legislation, the justices and judges are entitled to all necessary traveling expenses. The legislation dealing with travel by privately owned automobiles is new in this section. However, under Public Law 92 of the Eighty-first Congress, approved June 9, 1949, judges would be entitled to reimbursement in exactly the same manner as the provision of this bill. That law permits the fixing of the rate for reimbursement for privately owned automobiles by Government personnel, including judges, while engaged in official business at a rate of not more than 7 cents per mile. This was an increase over the former rate of 5 cents per mile. Attached hereto and made a part of this report is a letter of June 14, 1949, from the Honorable Henry P. Chandler, Director, Administrative Office of the United States Courts, to Representative Emanuel Celler. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, Hon. EMANUel Celler, House of Representatives, Washington, D. C. DEAR CONGRESSMAN CELLER: In response to your request for a report on a bill pending before your committee (H. R. 2166) to increase to $15 a day the limit on subsistence expenses of Federal justices and judges while engaged in official travel, and to authorize reimbursement for such travel by privately owned automobiles at the rate of 7 cents per mile, I would say that this is a measure recommended by the Judicial Conference of the United States in order to correct the inadequacy in the present provisions for reimbursement. The Judicial Conference took this action at its regular annual meeting held last September. The second part of the recommendation covered in the last sentence of the bill has been met by the law recently enacted, Public Law 92 of the Eighty-first Congress, approved June 9, 1949, which permits the fixing of the rate for reimbursement for the use of privately owned automobiles by Government personnel, including judges, while engaged in official business at not more than 7 cents per mile. This sentence of the pending bill, appearing on page 2, lines 5-7, has therefore become unnecessary. The prior part of the bill in relation to subsistence is urgently needed on account of the rise in the cost of living, and particularly in transient accommodations in recent years. Section 456 of title 28 of the United States Code, revised, provides that every justice or judge of the United States, including retired judges while assigned to active duty, shall be paid their necessary traveling expenses and also their "reasonable maintenance expenses actually incurred, not exceeding $10 per day, while attending court or transacting official business" away from their official stations. This provision continued the maximum limit of $10 per day upon expenses of subsistence which had been established by a law approved April 22, 1940 (54 Stat 149) It is a matter of common knowledge that there has been a drastic increase in the cost of lodging and meals, the principal items of subsistence, since 1940. The cost of living generally in that interval, according to the statistics of the Labor Department, has risen 70.9 percent. The increase in the cost of hotel accommodations and meals tends to be especially marked in large cities, where many of the assignments of Federal judges away from their headquarters are served. The cost in less populous communities and rural districts is less, although everywhere it has risen greatly since 1940. Ten dollars a day no longer covers the subsistence expenses of judges in many places to which their duty calls them. Consequently, it operates as a reduction of their salary, which in many instances is substantial The pending bill, it enacted, will merely raise the maximum for subsistence expenses from $10 to $15 a day. The actual expenses within the maximum will still be the measure, and if they are less than $15 a day, as in many instances they will be, the actual expenses are all that will be paid. For the reasons stated, the increase in the maximum allowance for subsistence is necessary in order to make the Federal judges whole for their expenses of travel incurred in the performance of their official duties. The present limitation is unjust, and the pending bill will do no more than correct it. Accordingly, I trust that it may receive the favorable consideration of your committee and in due course be enacted. Sincerely yours. HENRY P. CHANDLER, Director. CHANGES IN EXISTING LAW In compliance with clause 2a of rule XIII of the House of Representatives, there is printed below in roman existing law in which no change is proposed, with matter proposed to be stricken out enclosed in black brackets, and new matter proposed to be added shown in italic: SECTION 456, TITLE 28, UNITED STATES CODE TRAVELING EXPENSES OF JUSTICES AND JUDGES Each justice or judge of the United States and each retired justice or judge recalled or designated and assigned to active duty, shall, upon his certificate, be paid by the Director of the Administrative Office of the United States Courts all necessary traveling expenses, and also his reasonable maintenance expenses actually incurred, not exceeding $[10] 15 per day, while attending court or transacting official business at a place other than his official station. Justices and judges may be reimbursed for such travel by privately owned automobiles upon their certificate at the rate of 7 cents per mile in lieu of actual expenses. AUTHORIZING THE LEASE OF THE FEDERAL CORRECTIONAL INSTITUTION AT SANDSTONE, MINN., TO THE STATE OF MINNESOTA AUGUST 10, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. KEATING, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 1949] The Committee on the Judiciary, to whom was referred the bill (S. 1949) to authorize the lease of the Federal correctional institution at Sandstone, Minn., to the State of Minnesota, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of the proposed legislation is to authorize the Attorney General to lease to the State of Minnesota, upon such terms and conditions as he may see fit, all lands, buildings, equipment, and other facilities of the Federal correctional institution at Sandstone, Minn., not required for use by the Department of Justice. STATEMENT The Federal correctional institution located at Sandstone, Minn., was established in April 1939, to house a large number of immigration- and liquor-law offenders in that area. It has a capacity of approximately 600, includes a farm of some 1,000 acres, and is an up-todate well-equipped institution. The Department of Justice estimated its replacement cost at approximately $3,000,000. This institution was deactivated on June 30, 1949, except for the stand-by provisions for maintenance and upkeep. Because of the decline in Federal prison population in that area, it was no longer economical to operate the institution, and the Department of Justice |