B-119767, SEP. 13, 1955

B-119767: Sep 13, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INC.: REFERENCE IS MADE TO YOUR LETTER OF MARCH 1. IN THAT DECISION REFERENCE WAS MADE TO SECTION 10 OF THE ACT OF MARCH 3. THE STATUTORY PROVISION IS SPECIFIC IN ITS REQUIREMENT AND THERE IS NO AUTHORITY FOR DEVIATING FROM THAT REQUIREMENT. YOU HAVE NOT FURNISHED ANYTHING ADDITIONAL TO THAT CONSIDERED BEFORE. IS SIMILAR TO THAT PRESENT IN THE FOUR INSTANCES CONSIDERED IN OUR DECISION OF FEBRUARY 25TH. NO REASON IS APPARENT WHY THE PRINCIPLE OF THAT DECISION SHOULD NOT BE EQUALLY APPLICABLE TO THIS ITEM. WAS AMENDED BY SECTION 6 OF THE ACT OF AUGUST 2. SUCH ALLOWANCES SHALL NOT EXCEED THE LOWEST FIRST-CLASS RATE BY THE TRANSPORTATION FACILITY USED IN SUCH TRANSPORTATION UNLESS IT IS CERTIFIED.

B-119767, SEP. 13, 1955

TO MR. JOHN W. KNUDSEN, PASSENGER TRAFFIC MANAGER, NORWEGIAN AMERICA LINE AGENCY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 1, 1955, REQUESTING RECONSIDERATION OF OUR DECISION OF FEBRUARY 25, 1955, B-119767, WHICH SUSTAINED THE SETTLEMENT CERTIFICATES IN CLAIMS TK 415461, TK 415170, TK 415167, AND TK 415173, BEARING DATES IN JUNE AND JULY 1953, DISALLOWING YOUR CLAIMS FOR CHARGES IN EXCESS OF THE "LOWEST RATE," AS CALLED FOR ON THE TRANSPORTATION REQUESTS FOR TRANSPORTATION FURNISHED PERSONNEL OF THE DEPARTMENT OF STATE IN NOVEMBER 1945, AND JUNE AND JULY 1946.

IN THAT DECISION REFERENCE WAS MADE TO SECTION 10 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516, IN EFFECT ON THE DATES OF SUBJECT SERVICES WHICH SPECIFICALLY PROVIDED THAT ACTUAL EXPENSES FOR TRAVEL "SHALL NOT EXCEED THE LOWEST FIRST-CLASS RATE BY THE TRANSPORTATION FACILITY USED IN SUCH TRAVEL.' AS PREVIOUSLY NOTED, THE STATUTORY PROVISION IS SPECIFIC IN ITS REQUIREMENT AND THERE IS NO AUTHORITY FOR DEVIATING FROM THAT REQUIREMENT. YOU HAVE NOT FURNISHED ANYTHING ADDITIONAL TO THAT CONSIDERED BEFORE, AND WE WOULD NOT BE JUSTIFIED IN MODIFYING OUR EARLIER DECISION.

THE SITUATION CONCERNING THE ITEM OF 550 UNDER OUR CLAIM TK 415169, IS SIMILAR TO THAT PRESENT IN THE FOUR INSTANCES CONSIDERED IN OUR DECISION OF FEBRUARY 25TH, AND NO REASON IS APPARENT WHY THE PRINCIPLE OF THAT DECISION SHOULD NOT BE EQUALLY APPLICABLE TO THIS ITEM.

CONCERNING YOUR UNDERSTANDING AS TO PAYMENT FOR "HIGHER RATED ACCOMMODATIONS ABOVE MINIMUM, FIRST CLASS," IT MAY BE NOTED THAT SECTION 10 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516, WAS AMENDED BY SECTION 6 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, 808, TO READ AS FOLLOWS:

"WHENEVER BY OR UNDER AUTHORITY OF LAW ACTUAL EXPENSES FOR TRANSPORTATION MAY BE ALLOWED, SUCH ALLOWANCES SHALL NOT EXCEED THE LOWEST FIRST-CLASS RATE BY THE TRANSPORTATION FACILITY USED IN SUCH TRANSPORTATION UNLESS IT IS CERTIFIED, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, THAT LOWEST FIRST-CLASS ACCOMMODATIONS ARE NOT AVAILABLE OR THAT USE OF A COMPARTMENT OR SUCH OTHER ACCOMMODATIONS AS MAY BE AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY CONCERNED OR SUCH SUBORDINATES AS HE MAY DESIGNATE, IS REQUIRED FOR PURPOSES OF SECURITY.'

THUS THE AUTHORITY FOR THE ALLOWANCE OF COSTS FOR SUPERIOR ACCOMMODATIONS NOW OBTAINED WOULD BE SUBJECT TO COMPLIANCE WITH THE ABOVE PROVISION.