B-98755, APRIL 17, 1951, 30 COMP. GEN. 402

B-98755, APRIL 17, 1951, 30 COMP. GEN. 402

TRAVELING EXPENSES - MEMBERS OF VETERANS' EDUCATION APPEAL BOARD - APPLICABILITY OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS MEMBERS OF THE VETERANS' EDUCATION APPEAL BOARD CREATED BY THE ACT OF JULY 13, 1950, ARE SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO THE EXTENT THAT THOSE REGULATIONS ARE NOT INCONSISTENT WITH SECTION 2 OF THE ACT AUTHORIZING PAYMENT OF THEIR NECESSARY TRAVEL AND SUBSISTENCE EXPENSES, AND THEREFORE THE LOWEST AVAILABLE FIRST CLASS TRANSPORTATION PROVISION OF THE TRAVEL REGULATIONS, WHICH IS CONSISTENT WITH THE TRAVEL AUTHORIZATION IN SECTION 2 OF THE ACT, IS FOR APPLICATION TO TRAVEL PERFORMED BY MEMBERS OF THE BOARD.

ACTING COMPTROLLER GENERAL YATES TO THE ADMINISTRATOR OF VETERANS AFFAIRS, APRIL 17, 1951:

REFERENCE IS MADE TO LETTER OF MARCH 12, 1951, FROM THE DEPUTY ADMINISTRATOR OF VETERANS AFFAIRS, RELATING TO THE APPLICABILITY OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO THE VETERANS' EDUCATION APPEALS BOARD THE CREATION OF WHICH WAS AUTHORIZED BY THE ACT OF JULY 13, 1950, PUBLIC LAW 610, 64 STAT. 336, 338, 339.

YOU STATE THAT, IN THE PERFORMANCE OF TRAVEL INCIDENT TO ATTENDING A MEETING OF THE BOARD, THE CHAIRMAN THEREOF OBTAINED ROOMETTES; THAT HIS REASON FOR THE USE OF SUPERIOR PULLMAN ACCOMMODATIONS DID NOT MEET THE REQUIREMENTS OF PARAGRAPH 13 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS RELATING TO THE USE OF LOWEST AVAILABLE FIRST-CLASS ACCOMMODATIONS; AND THAT, WHEN HIS TRAVEL VOUCHER WAS PROCESSED FOR PAYMENT, THE EXCESS COST ABOVE THAT WHICH WOULD HAVE BEEN INCURRED FOR TWO LOWER BERTHS WAS DEDUCTED. FURTHER, YOU STATE THAT, SINCE THE VETERANS' EDUCATION APPEALS BOARD--- WHILE CREATED AS AN INDEPENDENT BOARD--- ACTS AS A FEDERAL ACTIVITY, IT APPEARS THAT TRAVELING EXPENSES OF ITS MEMBERS ARE GOVERNED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. HOWEVER, IN VIEW OF DECISION DATED NOVEMBER 9, 1950, B 98755, 30 COMP. GEN. 183, TO YOU, IN WHICH IT WAS HELD THAT SUCH BOARD MEMBERS ARE TO BE PAID ACTUAL EXPENSES OF SUBSISTENCE RATHER THAN A PER DIEM ALLOWANCE, YOU ARE IN DOUBT AS TO WHETHER THE PROVISION "NECESSARY TRAVEL * * * EXPENSES," AS CONTAINED IN PUBLIC LAW 610, SUPRA, IS TO BE CONSTRUED AS PERMITTING THE PAYMENT OF ACTUAL EXPENSES OF OFFICIAL TRAVEL OR WHETHER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE FOR APPLICATION.

AS POINTED OUT IN DECISION OF NOVEMBER 9, 1950, SUPRA, AND AS STATED IN YOUR LETTER, THE VETERANS' EDUCATION APPEALS BOARD IS "AN INDEPENDENT BOARD.' THE PREAMBLE TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT SAID REGULATIONS ARE ISSUED FOR THE GUIDANCE OF ,CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS AS DEFINED IN THE TRAVEL EXPENSE ACT OF 1949.' AS DEFINED IN SECTION 2 OF THAT ACT, 63 STAT. 166, THE TERM "DEPARTMENTS AND ESTABLISHMENTS" INCLUDES INDEPENDENT BOARDS. HENCE, THE BOARD MEMBERS HERE IN QUESTION ARE SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO THE EXTENT THAT THOSE REGULATIONS ARE NOT INCONSISTENT WITH THAT PART OF SECTION 2, OF PUBLIC LAW 610, SUPRA, AUTHORIZING PAYMENT OF THEIR ,NECESSARY TRAVEL AND SUBSISTENCE EXPENSES.' SPECIFICALLY, WITH RESPECT TO THE LOWEST AVAILABLE FIRST CLASS TRANSPORTATION PROVISION OF PARAGRAPH 13 (A) OF THE TRAVEL REGULATIONS, IT IS CONCLUDED THAT SAID PROVISION IS NOT INCONSISTENT WITH THE STATUTORY AUTHORIZATION OF "NECESSARY TRAVEL * * * EXPENSES" AND IS FOR APPLICATION TO TRAVEL PERFORMED BY THE BOARD MEMBERS. SEE 21 COMP. GEN. 377 AND 23 ID. 290.