B-21014, OCTOBER 27, 1941, 21 COMP. GEN. 377

B-21014, OCTOBER 27, 1941, 21 COMP. GEN. 377

TRAVELING EXPENSES - MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD UNDER THE TERMS OF THE SECOND DEFICIENCY APPROPRIATION ACT OF JULY 3, 1941, NONSALARIED MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD ARE ENTITLED TO ACTUAL TRANSPORTATION EXPENSES AND TO A COMMUTATION PAYMENT OF $25 PER DAY--- UNLESS A SMALLER PER DIEM BE ADMINISTRATIVELY FIXED--- IN LIEU OF PAYMENT FOR ALL OTHER EXPENSES, WHETHER SUBSISTENCE OR OTHERWISE, INCURRED WHILE ON OFFICIAL BUSINESS AWAY FROM THEIR HOMES, AND NOT NECESSARILY ONLY WHILE AWAY FROM THEIR OFFICIAL STATION, IF THEIR OFFICIAL STATION IS AT A PLACE OTHER THAN THEIR HOME. A NONSALARIED MEMBER OF THE NATIONAL DEFENSE MEDIATION BOARD WHO PROCEEDS TO WASHINGTON UPON OFFICIAL NOTIFICATION AND AFTER COMPLETION OF HIS OFFICIAL BUSINESS TRAVELS TO A POINT OTHER THAN HIS OFFICIAL STATION (PRESUMED TO BE HIS HOME) IS ENTITLED TO THE ACTUAL TRANSPORTATION EXPENSES AND PER DIEM IN LIEU OF OTHER EXPENSES, INCLUDING SUBSISTENCE, PROVIDED BY THE SECOND DEFICIENCY APPROPRIATION ACT OF JULY 3, 1941, NOT IN EXCESS OF WHAT WOULD HAVE BEEN INCURRED HAD HE RETURNED DIRECT TO HIS OFFICIAL STATION. WHERE A NONSALARIED MEMBER OF THE NATIONAL DEFENSE MEDIATION BOARD MAINTAINS TWO HOMES IN DIFFERENT CITIES, HIS OFFICIAL STATION BEING IN ONE, AND HE BEING CALLED TO WASHINGTON ON OFFICIAL BUSINESS WHILE IN THE OTHER, HE IS ENTITLED UNDER THE TERMS OF THE SECOND DEFICIENCY APPROPRIATION ACT OF JULY 3, 1941, TO THE EXPENSE OF TRAVEL FROM AND TO THAT CITY. WHERE A NONSALARIED MEMBER OF THE NATIONAL DEFENSE MEDIATION BOARD IS ON PERSONAL BUSINESS IN A CITY OTHER THAN THE ONE IN WHICH HIS OFFICIAL STATION, AND PRESUMABLY HIS HOME, IS LOCATED AND IS CALLED TO WASHINGTON ON OFFICIAL BUSINESS, HE MAY BE REIMBURSED UNDER THE TERMS OF THE SECOND DEFICIENCY APPROPRIATION ACT OF JULY 3, 1941, FOR SUCH TRAVEL ACTUAL TRANSPORTATION EXPENSES AND A PER DIEM FOR ACTUAL TRAVEL TIME NOT TO EXCEED WHAT WOULD HAVE BEEN INCURRED HAD HE TRAVELED TO WASHINGTON FROM HIS HOME. A GOVERNMENT TRAVELER WHO IS SUBJECT TO THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND WHO LEAVES HIS OFFICIAL STATION AT 8 A.M., PURSUANT TO OFFICIAL ORDERS, ARRIVES AT HIS PLACE OF DUTY AT 9:30 A.M., AND AFTER CONCLUDING HIS OFFICIAL BUSINESS LEAVES SUCH POINT AT 5 P.M., ARRIVING BACK AT HIS STATION AT 6:30 P.M., IS ENTITLED, UNDER PARAGRAPH 51 OF THE SAID STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, TO ONE-HALF OF A PER DIEM, THE RESTRICTION AGAINST PAYING ANY PER DIEM FOR ABSENCE BETWEEN 8 A.M. AND 6 P.M. CONTAINED THEREIN NOT BEING FOR APPLICATION SINCE THE ABSENCE WAS NOT ENTIRELY BETWEEN 8 A.M. AND 6 P.M. A NONSALARIED NATIONAL DEFENSE MEDIATION BOARD MEMBER IS NOT ENTITLED TO ENGAGE SUPERIOR RAIL ACCOMMODATIONS, SUCH AS A BED ROOM, THE PROHIBITION IN SECTION 10 OF THE ACT OF MARCH 3, 1933, AGAINST PAYING OFFICERS AND EMPLOYEES OF THE UNITED STATES ACTUAL EXPENSES OF TRAVEL IN EXCESS OF THE LOWEST FIRST-CLASS RATE FOR THE TRANSPORTATION FACILITY USED BEING FOR APPLICATION TO SUCH MEMBERS. MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD SERVING WITHOUT COMPENSATION ARE "CIVILIAN OFFICIALS" WITHIN THE MEANING OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND SUBJECT TO ITS PROVISIONS TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSISTENT WITH THOSE PROVISIONS OF THE SECOND DEFICIENCY APPROPRIATION ACT OF JULY 3, 1941, DEALING WITH TRAVELING EXPENSES OF SUCH PERSONNEL.

COMPTROLLER GENERAL WARREN TO THE LIAISON OFFICER FOR EMERGENCY MANAGEMENT, OCTOBER 27, 1941:

I HAVE YOUR LETTER OF OCTOBER 2, 1941, AS FOLLOWS:

ON MARCH 19, 1941, BY VIRTUE OF AN EXECUTIVE ORDER SIGNED BY THE PRESIDENT, THERE WAS CREATED IN THE OFFICE FOR EMERGENCY MANAGEMENT, A BOARD TO BE KNOWN AS THE NATIONAL DEFENSE MEDIATION BOARD. SECTION 1 (B) OF THIS ORDER PROVIDES IN PART AS FOLLOWS:

"EACH MEMBER OF THE BOARD SHALL RECEIVE NECESSARY TRAVELING EXPENSES, AND EACH MEMBER, WHO DURING THE PERIOD OF HIS SERVICE ON SAID BOARD, IS NOT AN OFFICER OR EMPLOYEE OF THE UNITED STATES SHALL RECEIVE IN ADDITION THERETO $25.00 PER DIEM FOR SUBSISTENCE EXPENSE ON SUCH DAYS AS HE IS PERFORMING BOARD DUTIES * * *" ( ITALICS SUPPLIED.)

IN THE SECOND DEFICIENCY APPROPRIATION ACT, APPROVED JULY 3, 1941, THE LANGUAGE IS AS FOLLOWS:

"* * * ACTUAL TRANSPORTATION EXPENSES AND NOT TO EXCEED $25.00 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES, OF MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD SERVING WHILE AWAY FROM THEIR HOMES WITHOUT OTHER COMPENSATION FROM THE UNITED STATES * * *" ( ITALICS SUPPLIED.)

WE WOULD APPRECIATE YOUR ADVISING US OF THE EFFECT OF THIS CHANGE IN LANGUAGE UPON TRAVELING EXPENSES WHICH ARE PROPERLY PAYABLE TO MEMBERS AND ALTERNATE MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD.

IN ADDITION, WE ARE SUBMITTING FOR YOUR CONSIDERATION CERTAIN QUESTIONS WHICH HAVE BEEN RAISED IN CONNECTION WITH TRAVEL PERFORMED BY MEMBERS AND ALTERNATE MEMBERS OF THE BOARD ON OFFICIAL BUSINESS.

1.THE TRAVELER'S OFFICIAL STATION IS X CITY. UPON RECEIPT OF AN OFFICIAL MESSAGE FROM HEADQUARTERS, THE TRAVELER PROCEEDS TO WASHINGTON AND PERFORMS HIS OFFICIAL DUTIES, AT THE CONCLUSION OF WHICH HE PROCEEDS TO A CITY OTHER THAN HIS OFFICIAL STATION.

QUESTION. IS THE TRAVELER ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED IN CONNECTION WITH HIS TRAVEL TO A POINT OTHER THAN HIS OFFICIAL STATION?

2. THE TRAVELER MAINTAINS A HOME IN A CITY AND A HOME IN B CITY. HIS OFFICIAL STATION HAS BEEN DESIGNATED AS A CITY. AT THE TIME HE IS CALLED TO WASHINGTON, THE TRAVELER IS AT HIS HOME IN B CITY. HE PROCEEDS TO WASHINGTON AND PERFORMS HIS OFFICIAL DUTIES, AT THE CONCLUSION OF WHICH HE RETURNS TO B CITY.

QUESTION. IS THE TRAVELER ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED IN CONNECTION WITH HIS TRAVEL FROM B CITY TO WASHINGTON AND RETURN TO B CITY?

3. THE TRAVELER'S OFFICIAL STATION IS X CITY. AT THE TIME HE IS CALLED TO WASHINGTON, THE TRAVELER IS IN Y CITY ON PERSONAL BUSINESS. TRAVEL TO Y CITY WAS MADE AT NO EXPENSE TO THE GOVERNMENT. HE PROCEEDS TO WASHINGTON AND PERFORMS HIS OFFICIAL DUTIES, AT THE CONCLUSION OF WHICH HE RETURNS TO X CITY, HIS OFFICIAL STATION.

QUESTION. IS THE TRAVELER ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED IN CONNECTION WITH HIS TRAVEL FROM Y CITY TO WASHINGTON AND RETURN TO X CITY?

4. THE TRAVELER DEPARTS FROM HIS OFFICIAL STATION AT 8:00 A.M., PURSUANT TO OFFICIAL ORDERS AND PROCEEDS TO WASHINGTON, ARRIVING THERE AT 9:30 A.M. AT THE CONCLUSION OF HIS OFFICIAL DUTIES, THE TRAVELER LEAVES WASHINGTON AT 5:00 P.M., AND RETURNS TO HIS OFFICIAL STATION, ARRIVING THERE AT 6:30 P.M.

QUESTION. TO WHAT PER DIEM ALLOWANCE IS THE TRAVELER ENTITLED?

5. THE TRAVELER IN TRAVELING BY RAIL ISSUES A GOVERNMENT TRANSPORTATION REQUEST TO THE PULLMAN COMPANY FOR A BEDROOM.

QUESTION. IS THE TRAVELER ENTITLED TO ENGAGE SUPERIOR ACCOMMODATIONS?

6. ARE THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR APPLICATION IN RESPECT TO TRAVEL PERFORMED ON OFFICIAL BUSINESS BY MEMBERS AND ALTERNATE MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD SERVING WITHOUT COMPENSATION?

YOUR EARLY RULING ON THE QUESTIONS PROPOUNDED IN THIS LETTER WOULD BE APPRECIATED SO THAT THIS OFFICE MAY BE GOVERNED ACCORDINGLY.

REFERRING TO THE QUESTION STATED IN THE THIRD PARAGRAPH OF YOUR LETTER, THE WORDS "NOT TO EXCEED $25 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES" MEAN THAT THE COMMUTATION PAYMENT OF $25 PER DAY--- UNLESS A SMALLER PER DIEM BE ADMINISTRATIVELY FIXED--- IS AUTHORIZED TO BE PAID TO MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD IN LIEU OF ANY EXPENSES THEY MAY INCUR WHILE ON OFFICIAL BUSINESS AWAY FROM THEIR HOMES, EXCEPT ACTUAL TRANSPORTATION EXPENSES, WHETHER THE EXPENSES IN ADDITION TO ACTUAL TRANSPORTATION BE FOR SUBSISTENCE OR FOR ANY OTHER PURPOSE. THE SAME WORDS HAVE BEEN USED IN RECENT APPROPRIATION ACTS AUTHORIZING A PER DIEM FOR PERSONS WHO SERVE THE GOVERNMENT WITHOUT COMPENSATION. SEE, FOR INSTANCE, THE ACT OF JUNE 13, 1940, 54 STAT. 350, PROVIDING FOR PAYMENT OF "NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES" OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES, WITHOUT OTHER COMPENSATION, IN AN ADVISORY CAPACITY TO THE SECRETARY OF WAR; THE APPROPRIATION ITEM FOR THE SELECTIVE SERVICE SYSTEM, ACT APPROVED OCTOBER 8, 1940, 54 STAT. 970, PROVIDING FOR PAYMENT OF "NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES," ETC.; AND THE ACT OF OCTOBER 9, 1940, 54 STAT. 1032, UNDER THE HEADING, COUNCIL OF NATIONAL DEFENSE, PROVIDING FOR PAYMENT OF "NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES," ETC. IT IS UNNECESSARY TO DECIDE TO WHAT PARTICULAR CLASSES OF EXPENSES IN ADDITION TO SUBSISTENCE THE WORDS "AND OTHER EXPENSES" MAY REFER FOR THE REASON THAT NO ACCOUNTING OF SUCH ITEMS IS REQUIRED, THE STATUTE AUTHORIZING (1) ACTUAL TRANSPORTATION EXPENSES FOR WHICH AN ACCOUNTING IS REQUIRED, AND (2) A COMMUTATION PAYMENT OF NOT TO EXCEED $25 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES FOR WHICH NO ACCOUNTING IS REQUIRED.

THE ITEMS FOR ACTUAL TRANSPORTATION AND PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES AUTHORIZED BY THE APPROPRIATION ACT APPROVED JULY 3, 1941, PUBLIC LAW 150, 55 STAT. 543, RELATE TO ABSENCE ON OFFICIAL BUSINESS AWAY FROM THE HOMES OF THE MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD, NOT NECESSARILY ONLY WHILE AWAY FROM THEIR OFFICIAL STATION, IF THE HOME AND THE OFFICIAL STATION ARE AT DIFFERENT PLACES.

THE QUESTIONS WILL BE ANSWERED IN THE ORDER PRESENTED IN YOUR LETTER UPON THE ASSUMPTION THAT THE MEMBERS AND ALTERNATE MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD ARE NOT OTHERWISE SALARIED EMPLOYEES OF THE GOVERNMENT.

1. THIS TRAVELER IS ENTITLED TO REIMBURSEMENT FOR ACTUAL TRANSPORTATION EXPENSES AND A PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES IN CONNECTION WITH TRAVEL AFTER COMPLETION OF HIS OFFICIAL DUTY AT WASHINGTON TO A PLACE OTHER THAN X CITY (PRESUMED TO BE THE HOME OF THE TRAVELER), NOT TO EXCEED WHAT WOULD HAVE BEEN INCURRED IN CONNECTION WITH SUCH TRAVEL HAD HE RETURNED DIRECT TO X CITY.

2. THERE IS NOTHING IN THE APPROPRIATION ACT LIMITING THE REIMBURSEMENT FOR TRANSPORTATION AND SUBSISTENCE AND OTHER EXPENSES WHILE AWAY FROM A PARTICULAR HOME OF A MEMBER IF THE MEMBER MAINTAINS MORE THAN ONE HOME. THE EVIDENT PURPOSE OF THE STATUTE IS TO REIMBURSE A MEMBER IN CONNECTION WITH OFFICIAL TRAVEL WHILE AWAY FROM THE HOME FROM WHICH THE TRIP STARTED. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

3. IT IS ASSUMED THAT THE MEMBER IN THIS QUESTION MAINTAINS HIS HOME IN X CITY DESIGNATED AS HIS OFFICIAL STATION. FOR THE TRAVEL FROM Y CITY TO WASHINGTON, THIS TRAVELER IS ENTITLED TO BE REIMBURSED FOR TRANSPORTATION EXPENSES ACTUALLY INCURRED AND FOR PER DIEM FOR ACTUAL TRAVEL TIME NOT TO EXCEED WHAT WOULD HAVE BEEN INCURRED HAD HE TRAVELED TO WASHINGTON FROM HIS HOME, THAT IS, FROM X CITY IF THE MEMBER MAINTAINS HIS HOME AT THAT PLACE.

4. REFERENCE IS MADE TO THE ANSWER TO QUESTION 6, INFRA, REGARDING THE APPLICABILITY OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PARAGRAPH 51 OF WHICH REGULATIONS PROVIDES, IN PERTINENT PART, AS FOLLOWS:

* * * FOR CONTINUOUS TRAVEL OF LESS THAN 24 HOURS, CONSTITUTING A TRAVEL PERIOD, SUCH PERIOD WILL BE REGARDED AS COMMENCING WITH THE BEGINNING OF THE TRAVEL AND ENDING WITH THE COMPLETION THEREOF, AND FOR EACH SIX-HOUR PORTION OF THE PERIOD OR FRACTION THEREOF ONE-FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED: PROVIDED, THAT NO PER DIEM WILL BE ALLOWED WHEN THE DEPARTURE IS AFTER 8 A.M., AND THE RETURN ON THE SAME DAY IS PRIOR TO 6 P.M., OR FOR ANY ABSENCE NOT EXCEEDING THREE HOURS.

AS THE ABSENCE ON OFFICIAL BUSINESS AWAY FROM HIS OFFICIAL STATION OR HOME WAS FOR A PERIOD OF 10 1/2 HOURS, FROM 8 A.M. TO 6:30 P.M., THIS TRAVELER WOULD BE ENTITLED TO ONE-HALF OF A PER DIEM. THE 8 A.M. TO 6 P.M. RULE STATED IN THE CONCLUDING SENTENCE OF THE QUOTED REGULATION WOULD HAVE NO APPLICATION IN THIS CASE FOR THE REASON THAT THE ABSENCE WAS NOT ENTIRELY BETWEEN 8 A.M. AND 6 P.M.

5. SECTION 10 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516, PROVIDES:

WHENEVER BY OR UNDER AUTHORITY OF LAW ACTUAL EXPENSES FOR TRAVEL MAY BE ALLOWED TO OFFICERS OR EMPLOYEES OF THE UNITED STATES, SUCH ALLOWANCES, IN THE CASE OF TRAVEL ORDERED AFTER THE DATE OF ENACTMENT OF THIS ACT, SHALL NOT EXCEED THE LOWEST FIRST-CLASS RATE BY THE TRANSPORTATION FACILITY USED IN SUCH TRAVEL.

UNDER THE PLAIN PROVISIONS OF THIS STATUTE AND AS MEMBERS OF THE NATIONAL DEFENSE MEDIATION BOARD ARE "OFFICERS OR EMPLOYEES OF THE UNITED STATES" (SEE ANSWER TO QUESTION 6), THIS QUESTION IS REQUIRED TO BE ANSWERED IN THE NEGATIVE. SEE 13 COMP. GEN. 10; 14 ID. 460; ID. 629.

6. THE PREAMBLE TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS READS AS FOLLOWS:

THE FOLLOWING REGULATIONS ARE ISSUED FOR THE GUIDANCE OF CIVILIAN OFFICIALS AND EMPLOYEES OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS, INCLUDING THEIR FIELD SERVICES, EXCEPT THE POSTAL SERVICE, WHILE TRAVELING ON OFFICIAL BUSINESS FOR THE GOVERNMENT, EXCEPT WHERE SPECIFIC LAWS PROVIDE OTHERWISE. * * *( ITALICS SUPPLIED.)

IN DECISION OF JANUARY 6, 1917, 23 COMP. DEC. 372, 374, WHEREIN WAS CONSIDERED THE QUESTION WHETHER MEMBERS OF THE ADVISORY COMMISSION TO THE COUNCIL OF NATIONAL DEFENSE AUTHORIZED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 649, WERE OFFICERS OF THE UNITED STATES WITHIN THE MEANING OF THE ACT OF APRIL 6, 1914, FIXING A MAXIMUM ALLOWANCE OF $5 FOR ACTUAL SUBSISTENCE EXPENSES, A FORMER COMPTROLLER OF THE TREASURY STATED:

YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE. THE POSITION OF A MEMBER OF SAID ADVISORY COMMISSION IS EXPRESSLY CREATED BY STATUTE AND IS AN OFFICE OF HONOR OR TRUST, TO WHICH NO COMPENSATION IS ATTACHED. INCUMBENT OF SAID OFFICE, I THINK, IS CLEARLY AN OFFICER OF THE UNITED STATES WITHIN THE MEANING OF THE TERM "OFFICER" OF THE " UNITED STATES" AS USED IN THE LEGISLATION LIMITING THE ACTUAL TRAVEL EXPENSE OF THE SUBSISTENCE OF SUCH OFFICERS IN THE ACT OF APRIL 6, 1914 (38 STAT., 318). (SEE KINNEY V. UNITED STATES, 60 FED. REP., 883, 885; WHITE V. LEVANT, 78 ME., 568; BECKWITH V. FARMINGTON, 77 CONN., 318; MOBILE CO. V. WILLIAMS, JUDGE, 180 A., 657, 658.) A FORMER COMPTROLLER GENERAL OF THE UNITED STATES HELD TO THE SAME EFFECT (A) IN DECISION OF OCTOBER 3, 1922, 2 COMP. GEN. 256, WITH RESPECT TO MEMBERS OF THE TAX SIMPLIFICATION BOARD CREATED BY THE ACT OF NOVEMBER 23, 1921, 42 STAT. 317, TO SERVE WITHOUT COMPENSATION; (B) IN DECISION OF OCTOBER 6, 1923, 3 COMP. GEN. 186, WITH RESPECT TO MEMBERS OF THE BOARD ON DISCIPLINE AND MORALE, VETERANS' BUREAU, AUTHORIZED BY SECTION 11 OF THE ACT OF AUGUST 9, 1921, 42 STAT. 151, TO SERVE WITHOUT COMPENSATION; AND (C) IN DECISION OF MAY 24, 1924, 3 COMP. GEN. 891, WITH RESPECT TO MEMBERS OF THE AMERICAN BATTLE MONUMENTS COMMISSION CREATED BY THE ACT OF MARCH 4, 1923, 42 STAT. 1502, TO SERVE WITHOUT COMPENSATION. COMPARE THE DECISION OF FEBRUARY 26, 1929, 8 COMP. GEN. 465, AND THE DECISIONS THEREIN CITED, WHEREIN WAS CONSIDERED THE STATUS, FOR TRAVELING EXPENSE PURPOSES, OF PRIVATE PARTIES NOT OFFICERS OR EMPLOYEES OF THE UNITED STATES, CALLED TO WASHINGTON FOR CONSULTATION OR CONFERENCE UPON OFFICIAL MATTERS. AS THE NATIONAL DEFENSE MEDIATION BOARD WAS CREATED BY EXECUTIVE ORDER ISSUED PURSUANT TO AUTHORITY OF LAW, AND AS THE BOARD IS EXPRESSLY RECOGNIZED IN THE APPROPRIATION ACT AS AN AGENCY OF THE GOVERNMENT, IT MUST BE HELD THAT EACH MEMBER OF THE BOARD HOLDS AN OFFICE OF HONOR OR TRUST AND, ACCORDINGLY, THAT SUCH MEMBERS ARE ,CIVILIAN OFFICIALS" WITHIN THE MEANING OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND ,OFFICERS OF THE UNITED STATES" WITHIN THE MEANING OF LAWS CONTROLLING THE PAYMENT OF TRANSPORTATION AND TRAVELING EXPENSES TO OFFICERS AND EMPLOYEES OF THE UNITED STATES, EXCEPT SO FAR AS OTHERWISE PROVIDED IN THE APPROPRIATION ACT. ACCORDINGLY, TO THE EXTENT THAT THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE NOT INCONSISTENT WITH THE PROVISIONS OF THE APPROPRIATION ACT REFERRED TO IN YOUR LETTER, THIS QUESTION (6) IS ANSWERED IN THE AFFIRMATIVE.