A-79164, SEPTEMBER 9, 1936, 16 COMP. GEN. 221

A-79164, SEPTEMBER 9, 1936, 16 COMP. GEN. 221

TRANSPORTATION - SUPERIOR ACCOMMODATIONS - CARRIER PAYMENTS RESTRICTED TO LOWEST FIRST-CLASS FARES THE ACT OF MARCH 3, 1933, 47 STAT. 1516, HAVING ELIMINATED THE POSSIBILITY OF THE USE BY FEDERAL OFFICERS AND EMPLOYEES IN A TRAVEL STATUS OF SUPERIOR TRANSPORTATION ACCOMMODATIONS AT GOVERNMENT EXPENSE, PAYMENTS TO CARRIERS FOR TRANSPORTATION FURNISHED UPON GOVERNMENT TRANSPORTATION REQUESTS WILL BE RESTRICTED TO THE LOWEST FIRST-CLASS FARE FOR TRANSPORTATION FURNISHED SUBSEQUENT TO OCTOBER 1, 1936, NOTWITHSTANDING THE TRANSPORTATION REQUEST IS FOR HIGHER PRICED ACCOMMODATIONS.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, SEPTEMBER 9, 1936:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF THE NORFOLK AND WASHINGTON STEAMBOAT CO. FOR $113 IN PAYMENT FOR TRANSPORTATION FURNISHED UPON GOVERNMENT TRANSPORTATION REQUESTS. INCLUDED THEREIN ARE SOME 15 ITEMS FOR STATEROOMS AT $2.25, NOTWITHSTANDING THE LOWEST FIRST-CLASS STATEROOMS ARE $1.75, THE HIGHER RATE HAVING BEEN PLACED UPON THE TRANSPORTATION REQUESTS PRIOR TO THEIR PRESENTATION TO THE CARRIER.

IT HAS LONG BEEN THE RULE THAT WHERE TRANSPORTATION REQUESTS, WHICH UPON THEIR FACE CALL FOR ACCOMMODATIONS IN EXCESS OF THE LOWEST FIRST CLASS RATE, ARE HONORED BY THE CARRIER, THE CARRIER MAY BILL THE GOVERNMENT AND RECEIVE PAYMENT FOR THE SUPERIOR ACCOMMODATIONS SO FURNISHED, THE EXCESS BEING COLLECTED FROM THE TRAVELER IF HE IS NOT ENTITLED TO SUCH SUPERIOR ACCOMMODATIONS. THIS RULE AROSE FROM THE FACT THAT PRIOR TO MARCH 3, 1933, A TRAVELER WAS SOMETIMES PERMITTED TO MAKE USE OF SUPERIOR ACCOMMODATIONS WHEN THE NEED THEREFOR FROM THE GOVERNMENT'S STANDPOINT WAS SHOWN. SECTION 10 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516, HOWEVER, 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.

WHILE THIS STATUTORY PROVISION IS DIRECTED PRIMARILY TO THE "ALLOWANCES" TO OFFICERS AND EMPLOYEES IT ELIMINATES ANY POSSIBILITY OF THE OFFICER OR EMPLOYEE BEING PERMITTED TO MAKE USE OF SUPERIOR ACCOMMODATIONS AT THE EXPENSE OF THE GOVERNMENT AND THEREFOR THE REASON NO LONGER EXISTS FOR THE PRIOR RULE PERMITTING THE CARRIER TO BE PAID IN EXCESS OF THE LOWEST FIRST -CLASS FARES WHEN CALLED FOR UPON THE TRANSPORTATION REQUEST. AS THE REQUESTS INVOLVED IN THE PRESENT CLAIM WERE HONORED IN RELIANCE UPON THE PREVIOUS RULE, THIS OFFICE WILL NOT OBJECT TO PAYMENT TO THE CARRIERS UNDER THAT RULE FOR TRANSPORTATION FURNISHED PRIOR TO OCTOBER 1, 1936, NOT IN EXCESS OF THAT REQUESTED UPON THE FACE OF THE TRANSPORTATION REQUESTS. ON AND AFTER OCTOBER 1, 1936, HOWEVER, PAYMENTS TO CARRIERS FOR TRANSPORTATION FURNISHED UPON GOVERNMENT TRANSPORTATION REQUESTS WILL BE RESTRICTED TO THE LOWEST FIRST-CLASS FARE, NOTWITHSTANDING THE TRANSPORTATION REQUEST IS FOR HIGHER PRICED ACCOMMODATIONS.