B-74071, APRIL 14, 1948, 27 COMP. GEN. 630

B-74071, APRIL 14, 1948, 27 COMP. GEN. 630

TRAVELING EXPENSES - COMMISSIONS, COUNCILS, ETC. - NATIONAL MINERALS ADVISORY COUNCIL SECTION 5 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, AUTHORIZING THE ALLOWANCE OF TRAVELING EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE TO PERSONS SERVING WITHOUT OR AT NOMINAL COMPENSATION, IS TO BE REGARDED AS PROVIDING FOR THE PAYMENT OF SUCH EXPENSES FOR PERSONS ATTENDING MEETINGS OF COMMISSIONS, COUNCILS, ETC., ONLY WHERE AUTHORITY OTHERWISE EXISTS FOR THE ESTABLISHMENT OF SUCH BODIES, AND MAY NOT BE CONSTRUED AS AFFECTING OR MODIFYING THE PROVISIONS OF SECTION 3681, REVISED STATUTES, OR SECTION 9 OF THE ACT OF MARCH 4, 1909, GENERALLY PROHIBITING THE PAYMENT FROM PUBLIC FUNDS OF THE EXPENSES OF ANY COMMISSION, COUNCIL, BOARD, ETC., UNLESS THE CREATION THEREOF HAS BEEN AUTHORIZED BY LAW. IN THE ABSENCE OF STATUTORY AUTHORITY FOR THE CREATION OF THE NATIONAL MINERALS ADVISORY COUNCIL BY THE SECRETARY OF THE INTERIOR, THE TRAVELING EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE PROVIDED IN SECTION 5 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, FOR PERSONS SERVING WITHOUT OR AT NOMINAL COMPENSATION MAY NOT BE PAID IN VIEW OF THE PROVISIONS OF SECTION 3681, REVISED STATUTES, AND SECTION 9 OF THE ACT OF MARCH 4, 1909, GENERALLY PROHIBITING THE USE OF PUBLIC MONEYS FOR THE EXPENSES OF ANY COUNCIL UNLESS THE CREATION THEREOF HAS BEEN AUTHORIZED BY LAW. WHERE TRAVEL REQUESTS ISSUED TO PERSONS SERVING WITHOUT OR AT NOMINAL COMPENSATION DO NOT SPECIFICALLY STATE THAT TRAVELING EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE WILL BE ALLOWED UNDER SECTION 5 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE CIRCUMSTANCES SURROUNDING A RETROACTIVE MODIFICATION OR CORRECTION OF THE TRAVEL REQUESTS TO AUTHORIZE SUCH PAYMENT OF ALLOWANCE ARE SO EXCEPTIONAL THAT CLAIMS BASED THEREON SHOULD BE SUBMITTED TO THIS OFFICE FOR DIRECT SETTLEMENT, ACCOMPANIED BY A COMPLETE STATEMENT OF THE PARTICULAR FACTS AND CIRCUMSTANCES IN EACH CASE, INSTEAD OF BEING PAID ADMINISTRATIVELY.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, APRIL 14, 1948:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF FEBRUARY 27, 1948, AS FOLLOWS:

THE SECRETARY OF THE INTERIOR IS CHARGED WITH RESPONSIBILITY FOR THE NATION'S ECONOMY AND WELFARE WITH RESPECT TO MINERALS IN A VERY BROAD FIELD ( ACT OF FEB. 25, 1913, 37 STAT. 681, AS AMENDED, 30 U.S.C., SEC. 3; STRATEGIC WAR MATERIALS ACT OF JULY 23, 1946, 60 STAT. 599, 50 .S.C., 1947 SUPP., SEC. 98F). THE SECRETARY HAS FOUND IT NECESSARY AND IT HAS BEEN HIS PRACTICE FROM TIME TO TIME TO SEEK THE ADVICE AND COUNSEL OF PRODUCERS AND SPECIALISTS IN THE MINERALS INDUSTRIES WITH RESPECT TO CARRYING OUT HIS FUNCTIONS. TO THIS END THE SECRETARY, UNDER DATE OF NOVEMBER 26, 1947, SENT TO CERTAIN PRODUCERS OF MINERALS AND SPECIALISTS THE FOLLOWING LETTER:

"DEAR MR. ----------:

"AS YOU KNOW, SECRETARY KRUG HAS BEEN PLANNING TO ORGANIZE AN INDUSTRY ADVISORY COMMITTEE TO ASSIST HIM ON THE MINERAL PROBLEMS WHICH FACE THE INTERIOR DEPARTMENT AND THE NATION. THE PROBLEMS IN THIS FIELD HAVE BECOME PRESSING, AND HE DESIRES TO BE COMPETENTLY ADVISED IN HIS ACTIONS IN THIS REGARD. FURTHERMORE, THE DEPARTMENT HAS EXTENSIVE PROGRAMS IN THE MINERAL FIELD WHICH SHOULD, PERHAPS, BE EXTENDED, BUT CERTAINLY IMPROVED. HE IS PARTICULARLY DESIROUS TO SEE THAT THE PROGRAMS TO BE DEVELOPED BY THE BUREAUS IN THE DEPARTMENT CONCERNED WITH THE PROBLEM BE PROPERLY LAID OUT IN SUCH FORM AS TO BE OF GREATEST ASSISTANCE IN THE ESTABLISHMENT OF A HEALTHY MINERAL ECONOMY.

" I SHOULD BE MOST HAPPY IF YOU WOULD CONSENT TO SERVE ON THIS COMMITTEE, WHICH WE PLAN TO CALL THE NATIONAL MINERALS COUNCIL, AND ATTEND THE FIRST MEETING, TO BE HELD IN THE SECRETARY'S CONFERENCE ROOM IN THE INTERIOR BUILDING, WASHINGTON, D.C., ON MONDAY, DECEMBER THE EIGHTH, AT 0:00 A.M.

"UNFORTUNATELY, THE APPROPRIATIONS OF THE DEPARTMENT DO NOT PERMIT US TO MEET YOUR EXPENSES. I FULLY REALIZE THAT I AM ASKING A GREAT DEAL OF YOU TO DO THIS AT YOUR OWN EXPENSE, BUT I FEEL THAT IT IS A MATTER OF SUCH NATIONAL IMPORTANCE THAT YOU MAY FEEL FREE TO ACCEPT IT ON THIS BASIS.

"SINCERELY YOURS,

" WILLIAM E. WARNE,

" ACTING SECRETARY OF THE INTERIOR.'

PURSUANT TO THIS INVITATION, THE PROJECTED MEETING WAS HELD IN WASHINGTON ON DECEMBER 12, 1947, AND THE NATIONAL MINERALS ADVISORY COUNCIL WAS FORMED. OF THE PERSONS ATTENDING THE MEETING, I WISH TO REIMBURSE TWO, J. W. VANDERWILT AND CHARLES WILLIS, FOR THEIR TRANSPORTATION AND SUBSISTENCE, UPON SUITABLE VOUCHERS FOR THIS PURPOSE. THESE TWO ARE NOT PRODUCERS, THEIR INTEREST IN THE SUBJECT OF THE CONFERENCE IS INDIRECT AND PROFESSIONAL, THEIR ATTENDANCE AT THE MEETING WAS IN THE INTEREST OF THE GOVERNMENT, AND THIS DEPARTMENT, AFTER THE MEETING, UNDERTOOK TO REIMBURSE THEM.

SECTION 5 OF THE ACT OF AUGUST 2, 1946 (60 STAT. 806) PROVIDES: "* * * PERSONS SERVING WITHOUT COMPENSATION OR AT $1.00 PER ANNUM MAY BE ALLOWED, WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, TRANSPORTATION * * * AND NOT TO EXCEED $10.00 PER DIEM IN LIEU OF SUBSISTENCE EN ROUTE AND AT PLACE OF SUCH SERVICE OR EMPLOYMENT * * *.'

YOUR DECISION OF OCTOBER 2, 1947, B-69808, (27 COMP. GEN. 183) MAKES IT PLAIN THAT PERSONS ATTENDING THE MEETING MAY BE VIEWED AS "PERSONS SERVING WITHOUT COMPENSATION," WITHIN THE MEANING OF SECTION 5 OF THE ACT OF AUGUST 2, 1946, SUPRA. THAT DECISION, HOWEVER, SEEMS TO LEAVE TWO OBSTACLES IN THE WAY OF MAKING THE PAYMENTS HERE IN QUESTION:

1. THE DECISION RECITES THAT: "* * * IT IS ASSUMED FOR PURPOSE OF THIS DECISIONS--- BUT WITHOUT DECIDING--- THAT THE CREATION OF THE PRESIDENT'S AIR POLICY COMMISSION WAS NOT IN VIOLATION OF THE PROVISIONS OF SECTION 3681, R.S. 31 U.S.C. 672, AND SECTION 9 OF THE ACT OF MARCH 4, 1909, 35 STAT. 1027, 31 U.S.C. 673.'

2. THAT DECISION RECITES THAT THE EXPENSES THERE IN QUESTION "* * * MAY BE ALLOWED PROVIDING, OF COURSE, THAT THE REQUEST (TO TRAVEL) SPECIFICALLY STATES THAT TRAVEL EXPENSES WILL BE ALLOWED AND PRESCRIBES THE AMOUNT OF PER DIEM.'

I FIND NO EXPRESS STATUTORY AUTHORITY FOR THE FORMATION OF THE NATIONAL MINERALS ADVISORY COUNCIL, ATTENDANCE AT WHICH WAS THE PURPOSE OF THE SUBJECT TRAVEL. MOREOVER, THE LETTER INVITING THE TRAVEL DID NOT SPECIFICALLY STATE THAT TRAVEL EXPENSES WOULD BE ALLOWED NOR PRESCRIBE THE AMOUNT OF PER DIEM.

ALTHOUGH THERE SEEM TO BE NO EXPRESS STATUTORY AUTHORITY FOR THE FORMATION OF THE NATIONAL MINERALS COUNCIL, YET IT SEEMS PLAIN THAT CONGRESS HAS CONTEMPLATED THE FORMATION OF JUST SUCH COMMITTEES. THE ACT OF AUGUST 2, 1946, SUPRA, PROVIDES FOR THE PAYMENT OF TRANSPORTATION AND PER DIEM OF THOSE IN ATTENDANCE; AND SENATE CONCURRENT RESOLUTION 14, 80TH CONGRESS, REFERS TO REPRESENTATION OF SMALL BUSINESSMEN ON SUCH COMMITTEES. THE PRESIDENT, BY MEMORANDUM TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS DATED DECEMBER 12, 1947, PROMULGATED RULES TO BE FOLLOWED IN COMPLYING WITH THE PROVISIONS OF THE SENATE CONCURRENT RESOLUTION. IF SMALL BUSINESSMEN ARE TO BE REPRESENTED, AS PROVIDED IN THE ACT, THE RESOLUTION, AND THE PRESIDENT'S MEMORANDUM, THERE ARE SURE TO BE CASES WHERE REIMBURSEMENT OF TRAVEL EXPENSES SHOULD BE MADE.

NO IMPLICATION CAN BE FOUND IN SECTION 5 OF THE ACT OF AUGUST 2, 1946, SUPRA, THAT EXPRESS STATUTORY AUTHORITY IS NECESSARY TO JUSTIFY REQUESTS BY EXECUTIVE OFFICERS FOR ADVICE AND COUNSEL OR FOR THE ORGANIZATION OF A COMMITTEE TO GIVE IT. THE ACT MERELY PROVIDES THAT REIMBURSEMENT MAY BE MADE TO "PERSONS SERVING WITHOUT COMPENSATION.' MOREOVER, THERE IS NO IMPLICATION FROM THE LANGUAGE USED IN THE ACT THAT THE AUTHORITY TO PAY IS BASED UPON CONTRACT, EXPRESSED OR IMPLIED, OR THAT IT WOULD MAKE ANY DIFFERENCE WHETHER THE PERSON "SERVING WITHOUT COMPENSATION" THOUGHT THAT HIS TRAVEL EXPENSES WERE TO BE REIMBURSED.

PLEASE ADVISE IF, UNDER THE CIRCUMSTANCES HEREIN STATED, YOU WOULD DEEM THE PAYMENT OF TRANSPORTATION AND SUBSISTENCE TO BE AUTHORIZED.

WHILE NEITHER THE ACT OF FEBRUARY 25, 1913, 37 STAT. 681, AS AMENDED, 30 U.S.C. 3, NOR THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT, APPROVED JULY 23, 1946, 60 STAT. 596, WHICH AMENDS THE ACT OF JUNE 7, 1939, 53 STAT. 811, 30 U.S.C. 98, ET SEQ., EXPRESSLY PROVIDES FOR THE CREATION OF THE NATIONAL MINERALS ADVISORY COUNCIL, SECTION 2 (B) OF THE ACT APPROVED JULY 23, 1946, 60 STAT. 597, DOES SPECIFICALLY PROVIDE FOR THE CREATION OF INDUSTRY ADVISORY COMMITTEES AND THE PAYMENT OF A PER DIEM FOR NECESSARY TRAVELING AND OTHER EXPENSES WHILE ENGAGED IN CONFERENCES. THAT SECTION IS AS FOLLOWS:

TO THE FULLEST EXTENT PRACTICABLE THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE INTERIOR, ACTING JOINTLY, SHALL APPOINT INDUSTRY ADVISORY COMMITTEES SELECTED FROM THE INDUSTRIES CONCERNED WITH THE MATERIALS TO BE STOCK PILED. IT SHALL BE THE GENERAL FUNCTION OF THE INDUSTRY ADVISORY COMMITTEES TO ADVISE WITH THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE INTERIOR AND WITH ANY AGENCIES THROUGH WHICH THEY MAY EXERCISE ANY OF THEIR FUNCTIONS UNDER THIS ACT WITH RESPECT TO THE PURCHASE, SALE, CARE, AND HANDLING OF SUCH MATERIALS. MEMBERS OF THE INDUSTRY ADVISORY COMMITTEES SHALL RECEIVE A PER DIEM ALLOWANCE OF NOT TO EXCEED $10 FOR EACH DAY SPENT AT CONFERENCES HELD UPON THE CALL OF THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE INTERIOR, PLUS NECESSARY TRAVELING AND OTHER EXPENSES WHILE SO ENGAGED.

HOWEVER, IT DOES NOT APPEAR THAT THE MEMBERS OF THE NATIONAL MINERALS ADVISORY COUNCIL WERE APPOINTED JOINTLY BY THE SECRETARY OF WAR (NOW THE SECRETARY OF THE ARMY), THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE INTERIOR, AS AUTHORIZED BY THAT SECTION, BUT, APPARENTLY SUCH MEMBERS WERE SELECTED AND DESIGNATED SOLELY BY THE SECRETARY OF THE INTERIOR. THEREFORE, THE NATIONAL MINERALS ADVISORY COUNCIL IS NOT ONE OF THE COMMITTEES EXPRESSLY AUTHORIZED TO BE CREATED BY THAT SECTION AND ITS MEMBERS MAY NOT BE REIMBURSED FOR TRAVELING EXPENSES OR RECEIVE A PER DIEM IN ACCORDANCE WITH THAT SECTION. OTHER THAN AS PROVIDED IN SECTION 2 (B) OF THE ACT OF JULY 23, 1946, SUPRA, I FIND NO REASON FOR CONCLUDING THAT CONGRESS HAS CONTEMPLATED THE FORMATION OF JUST SUCH COMMITTEES AS THE NATIONAL MINERALS ADVISORY COUNCIL.

SECTION 3681, REVISED STATUTES, 31 U.S.C. 672, AND SECTION 9 OF THE ACT OF MARCH 4, 1909, 35 STAT. 1027, 31 U.S.C. 673, PROVIDE:

672. EXPENSES OF COMMISSIONS AND INQUIRIES.

NO ACCOUNTING OF DISBURSING OFFICER OF THE GOVERNMENT SHALL ALLOW OR PAY ANY ACCOUNT OR CHARGE WHATEVER, GROWING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY COMMISSION OR INQUIRY, EXCEPT COURTS-MARTIAL OR COURTS OF INQUIRY IN THE MILITARY OR NAVAL SERVICE OF THE UNITED STATES, UNTIL SPECIAL APPROPRIATIONS SHALL HAVE BEEN MADE BY LAW TO PAY SUCH ACCOUNTS AND CHARGES. THIS SECTION, HOWEVER, SHALL NOT EXTEND TO THE CONTINGENT FUND CONNECTED WITH THE FOREIGN INTERCOURSE OF THE GOVERNMENT, PLACED AT THE DISPOSAL OF THE PRESIDENT.

673. USE OF PUBLIC MONEYS OR APPROPRIATIONS FOR COMPENSATION OR EXPENSES OF ANY COMMISSION, COUNCIL, BOARD, OR OTHER SIMILAR BODY, OR ANY MEMBERS THEREOF, OR FOR EXPENSES IN CONNECTION WITH ANY WORK OR THE RESULTS OF ANY WORK OR ACTION OF ANY COMMISSION, COUNCIL, BOARD, OR OTHER SIMILAR BODY, UNLESS THE CREATION OF THE SAME SHALL BE OR SHALL HAVE BEEN AUTHORIZED BY LAW; NOR SHALL THERE BE EMPLOYED BY DETAIL, HEREAFTER OR HERETOFORE MADE, OR OTHERWISE PERSONAL SERVICES FROM ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT IN CONNECTION WITH ANY SUCH COMMISSION, COUNCIL, BOARD, OR OTHER SIMILAR BODY.

SECTION 5 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, 60 STAT. 808, PROVIDES:

PERSONS IN THE GOVERNMENT SERVICE EMPLOYED INTERMITTENTLY AS CONSULTANTS OR EXPERTS AND RECEIVING COMPENSATION ON A PER DIEM WHEN ACTUALLY EMPLOYED BASIS MAY BE ALLOWED TRAVEL EXPENSES WHILE AWAY FROM THIER HOMES OR REGULAR PLACES OF BUSINESS, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE WHILE AT PLACE OF SUCH EMPLOYMENT, IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED (5 U.S.C. 821-833), AND THE ACT OF FEBRUARY 14, 1931, AS AMENDED BY THIS ACT, AND PERSONS SERVING WITHOUT COMPENSATION OR AT &1 PER ANNUM MAY BE ALLOWED, WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, TRANSPORTATION IN ACCORDANCE WITH SAID REGULATIONS AND SAID ACT OF FEBRUARY 14, 1931, AS SO AMENDED, AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE EN ROUTE AND AT PLACE OF SUCH SERVICE OR EMPLOYMENT UNLESS A HIGHER RATE IS SPECIFICALLY PROVIDED IN AN APPROPRIATION OR OTHER ACT.

I FIND NOTHING IN SAID SECTION 5 WHICH REASONABLY COULD BE CONSTRUED AS AFFECTING OR MODIFYING IN ANY WAY EITHER SECTION 3681, REVISED STATUTES, OR SECTION 9 OF THE ACT OF MARCH 4, 1909, SUPRA. THAT SECTION (OF THE 1946 STATUTE) PROPERLY IS FOR REGARDING AS PROVIDING FOR THE PAYMENT OF TRANSPORTATION OF THOSE PERSONS ATTENDING MEETINGS OF COMMISSIONS, COUNCILS, ETC., ONLY WHERE AUTHORITY OTHERWISE EXISTS FOR THE CREATION OF SUCH COMMISSIONS, COUNCILS, ETC.

SENATE CONCURRENT RESOLUTION NO. 14, 80TH CONGRESS, REFERRED TO IN YOUR LETTER, PROVIDES:

THAT THE CONGRESS RECOGNIZE THE VALID CLAIM OF THE SMALL BUSINESSMEN OF AMERICA TO EQUAL REPRESENTATION AS AN ENTITY, WITH LABOR, AGRICULTURE, AND OTHER GROUPS, ON THOSE GOVERNMENT COMMISSIONS, BOARDS, COMMITTEES, OR OTHER AGENCIES IN WHICH THE INTERESTS OF THE AMERICAN ECONOMY MAY BE AFFECTED; AND THAT THE PRESIDENT OF THE UNITED STATES, THE MEMBERS OF THE CABINET, AND OTHER OFFICERS OF THE GOVERNMENT BE, AND HEREBY ARE, RESPECTFULLY URGED TO ACCORD THE SMALL BUSINESSMEN OF AMERICA REPRESENTATION ON SUCH GOVERNMENT AGENCIES INCLUDING PARTICULARLY POLICY- MAKING BODIES CREATED BY EXECUTIVE APPOINTMENT.

THAT RESOLUTION AND THE MEMORANDUM TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS, ISSUED BY THE PRESIDENT ON DECEMBER 12, 1947, REFERRING TO THAT RESOLUTION, EVEN BY IMPLICATION DO NOT PURPORT TO AFFECT IN ANY WAY THE LAW SPECIFICALLY RELATING TO COMMISSIONS, COUNCILS, BOARDS, ETC.

IN THE LIGHT OF THE FOREGOING CONSIDERATIONS THERE IS REQUIRED THE CONCLUSION THAT THE ACTS REFERRED TO IN YOUR LETTER DO NOT AUTHORIZE, EVEN IN A GENERAL WAY, THE SECRETARY OF THE INTERIOR TO CREATE A COUNCIL SUCH AS THE NATIONAL MINERALS ADVISORY COUNCIL. THEREFORE, IN THE ABSENCE OF SOME SUCH AUTHORITY OF LAW, NO PART OF THE PUBLIC MONIES OR OF ANY APPROPRIATION MADE BY CONGRESS MAY BE SUED FOR ANY EXPENSES CONNECTED WITH THE NATIONAL MINERALS ADVISORY COUNCIL. COMPARE 22 COMP. GEN. 140, AND DECISIONS THEREIN CITED.

AS TO THE QUESTION OF WHETHER PERSONS SERVING WITHOUT COMPENSATION, OR AT $1 PER ANNUM, MAY BE ALLOWED A PER DIEM AND REIMBURSED FOR TRAVELING EXPENSES IN ACCORDANCE WITH SECTION 5 OF THE ACT OF AUGUST 2, 1946, SUPRA, WHERE THE REQUEST TO TRAVEL DOES NOT SPECIFICALLY STATE THAT TRAVELING EXPENSES WILL BE ALLOWED OR PRESCRIBE THE AMOUNT OF PER DIEM, THERE IS FOR NOTING THAT UNDER THAT SECTION ANY SUCH EXPENSES ARE FOR ALLOWANCE IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. COMPARE 8 COMP. GEN. 465. THOSE REGULATIONS CONTEMPLATE THAT THE REQUEST OR AUTHORITY FOR TRAVEL SPECIFY, IN DETAIL, THE NATURE OF THE EXPENSES FOR WHICH REIMBURSEMENT WILL BE MADE. AND IT HAS BEEN HELD THAT THE CIRCUMSTANCES IN WHICH AN ATTEMPTED RETROACTIVE MODIFICATION OR CORRECTION OF A TRAVEL ORDER MAY BE RECOGNIZED AS AUTHORIZING THE PAYMENT IN AN AMOUNT, OR FOR AN EXPENSE, NOT AUTHORIZED PRIOR TO THE PERFORMANCE OF THE TRAVEL ARE SO EXCEPTIONAL THAT CLAIMS BASED THEREON SHOULD BE SUBMITTED TO THIS OFFICE FOR SETTLEMENT ACCOMPANIED BY A COMPLETE STATEMENT OF THE PARTICULAR FACTS AND CIRCUMSTANCES IN EACH CASE INSTEAD OF BEING PAID ADMINISTRATIVELY. 24 COMP. GEN. 439. NO REASON APPEARS AS TO WHY THAT PROCEDURE SHOULD NOT BE FOLLOWED WHERE A PERSON SERVING WITHOUT COMPENSATION, OR AT $1 PER ANNUM, IS NOT ADVISED, PRIOR TO THE TRAVEL, AS TO THE EXTENT OF HIS REIMBURSEMENT.