Skip to Highlights
Highlights

APPOINTMENTS - PRESIDENTIAL - CONFIRMATION - TRAVEL EXPENSES A NATIONAL CREDIT UNION BOARD PRESIDENTIAL APPOINTEE WHOSE APPOINTMENT IS SUBJECT TO SENATE CONFIRMATION MAY NOT BE REIMBURSED THE EXPENSES INCURRED TO TRAVEL TO WASHINGTON TO APPEAR BEFORE THE SENATE BANKING COMMITTEE IN CONNECTION WITH HIS CONFIRMATION UNLESS THE ADMINISTRATOR OF THE NATIONAL CREDIT UNION ADMINISTRATION DETERMINES THE APPOINTEE PERFORMED OFFICIAL BUSINESS SUCH AS CONFERENCES WITH OFFICIALS OF THE ADMINISTRATION THAT WERE OF SUBSTANTIAL BENEFIT TO THE ADMINISTRATION AND THE ADMINISTRATOR APPROVES THE TRAVEL PERFORMED BY THE NOMINEE. PROVIDES THAT THE PRESIDENT WILL APPOINT. THE APPOINTEE IS REQUIRED TO APPEAR BEFORE THE SENATE BANKING COMMITTEE.

View Decision

B-139458, DEC 18, 1973, 53 COMP GEN 424

APPOINTMENTS - PRESIDENTIAL - CONFIRMATION - TRAVEL EXPENSES A NATIONAL CREDIT UNION BOARD PRESIDENTIAL APPOINTEE WHOSE APPOINTMENT IS SUBJECT TO SENATE CONFIRMATION MAY NOT BE REIMBURSED THE EXPENSES INCURRED TO TRAVEL TO WASHINGTON TO APPEAR BEFORE THE SENATE BANKING COMMITTEE IN CONNECTION WITH HIS CONFIRMATION UNLESS THE ADMINISTRATOR OF THE NATIONAL CREDIT UNION ADMINISTRATION DETERMINES THE APPOINTEE PERFORMED OFFICIAL BUSINESS SUCH AS CONFERENCES WITH OFFICIALS OF THE ADMINISTRATION THAT WERE OF SUBSTANTIAL BENEFIT TO THE ADMINISTRATION AND THE ADMINISTRATOR APPROVES THE TRAVEL PERFORMED BY THE NOMINEE.

TO THE ADMINISTRATOR, NATIONAL CREDIT UNION ADMINISTRATION, DECEMBER 18, 1973:

THIS REFERS TO YOUR LETTER DATED AUGUST 29, 1973, REFERENCED OA/LA:VC, REQUESTING OUR DECISION CONCERNING THE PROPRIETY OF PAYING EXPENSES INCURRED BY A PERSON PRIOR TO HIS CONFIRMATION AS A FEDERAL EMPLOYEE.

THE FEDERAL CREDIT UNION ACT, 12 U.S.C. 1752A, PROVIDES THAT THE PRESIDENT WILL APPOINT, SUBJECT TO SENATE CONFIRMATION, PERSONS TO SERVE AS MEMBERS OF THE NATIONAL CREDIT UNION BOARD TO ADVISE THE ADMINISTRATOR OF THE NATIONAL CREDIT UNION ADMINISTRATION ON MATTERS PERTAINING TO ITS PROGRAM. WHEN THE PRESIDENT MAKES AN APPOINTMENT, THE APPOINTEE IS REQUIRED TO APPEAR BEFORE THE SENATE BANKING COMMITTEE. ACCORDINGLY, EXPENSES IN TRAVELING TO WASHINGTON ARE INCURRED BY THE APPOINTEE BEFORE HE IS A FEDERAL EMPLOYEE. YOUR QUESTION IS WHETHER THE NATIONAL CREDIT UNION ADMINISTRATION MAY ADMINISTRATIVELY DETERMINE THAT SUCH EXPENSES INCURRED PRIOR TO CONFIRMATION ARE PROPER AND PAYABLE AFTER CONFIRMATION BY THE SENATE.

IN OUR DECISION B-150010, NOVEMBER 16, 1962, REGARDING THE PROPRIETY OF PAYING SIMILAR TRAVEL EXPENSES CLAIMED BY A JUDICIAL APPOINTEE, WE CONCLUDED THAT:

REGARDING A CASE IN WHICH A NOMINEE TRAVELS TO WASHINGTON SOLELY TO TESTIFY BEFORE A COMMITTEE OF THE SENATE IN BEHALF OF HIS CONFIRMATION BY THE SENATE AND WHO, WHILE IN WASHINGTON, PERFORMS NO OFFICAL BUSINESS OF THE JUDICIARY, WE ARE OF THE OPINION THAT SO FAR AS THE USE OF JUDICIAL BRANCH APPROPRIATIONS IS CONCERNED SUCH TRAVEL IS PERSONAL TO THE NOMINEE AND THAT THE EXPENSE THEREOF SHOULD BE BORNE BY HIM.

ACCORDINGLY, SINCE WE CANNOT DISTINGUISH THE ABOVE SITUATION FROM THE FACTS IN THIS CASE AS YOU PRESENT THEM, WE MUST ADVISE YOU THAT THE NATIONAL CREDIT UNION ADMINISTRATION MAY NOT PAY A NOMINEE'S TRAVEL EXPENSES INCURRED WHILE GOING BEFORE A CONFIRMATION COMMITTEE. HOWEVER, IT ALSO APPEARS FROM THE ABOVE-CITED DECISION THAT IF OFFICIAL BUSINESS, SUCH AS CONFERENCES WITH OFFICIALS OF YOUR OFFICE, IS ALSO CONDUCTED BY THE NOMINEE AT THE TIME HE IS IN WASHINGTON, D.C., FOR HIS CONFIRMATION HEARINGS, AND SUCH BUSINESS IS DETERMINED TO BE OF "SUBSTANTIAL BENEFIT" TO THE NATIONAL CREDIT UNION ADMINISTRATION, THEN THERE WOULD BE NO OBJECTION TO OTHERWISE PROPER PAYMENTS IF THERE IS ADMINISTRATIVE APPROVAL OF THE TRAVEL.

GAO Contacts