B-81021, MARCH 4, 1949, 28 COMP. GEN. 500

B-81021, MARCH 4, 1949, 28 COMP. GEN. 500

TRAVELING EXPENSES - SUPERIOR ACCOMMODATIONS - OFFICER PERSONNEL DETAILED TO SELECTIVE SERVICE SYSTEM THE DIRECTOR OF SELECTIVE SERVICE, AS THE "HEAD OF THE AGENCY CONCERNED," MAY AUTHORIZE, PURSUANT TO SECTION 10 OF THE ACT OF MARCH 3, 1933, AS AMENDED, THE USE OF SUPERIOR ACCOMMODATIONS OR EXTRA-FARE PLANES AND TRAINS IN CONNECTION WITH OFFICIAL TRAVEL PERFORMED BY OFFICERS OF THE ARMED FORCES DETAILED TO THE SELECTIVE SERVICE SYSTEM, WHEN THE EXIGENCIES OF THE SERVICE REQUIRE THE USE OF SUCH ACCOMMODATIONS OR WHEN LOWEST FIRST -CLASS ACCOMMODATIONS ARE NOT AVAILABLE, TO THE SAME EXTENT AS THE HEADS OF THE MILITARY DEPARTMENTS FROM WHICH THE OFFICERS ARE DETAILED HAVE SUCH AUTHORITY UNDER SAID ACT.

ASSISTANT COMPTROLLER GENERAL YATES TO THE DIRECTOR OF SELECTIVE SERVICE, MARCH 4, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 21, 1948, CONCERNING TRAVEL PERFORMED BY COMMISSIONED PERSONNEL OF THE ARMED FORCES ASSIGNED TO NATIONAL HEADQUARTERS OF THE SELECTIVE SERVICE SYSTEM AND PAID FROM APPROPRIATIONS OF THAT AGENCY IN CONNECTION WITH THE ADMINISTRATION OF THE SELECTIVE SERVICE ACT OF 1948. YOU STATE THAT WHEN THE EXIGENCIES OF THE SERVICE REQUIRE OR WHEN LOWEST FIRST CLASS ACCOMMODATIONS ARE NOT AVAILABLE, IT IS DESIRED TO AUTHORIZE THE USE BY SUCH PERSONNEL OF SUPERIOR ACCOMMODATIONS OR EXTRA-FARE PLANES AND EXTRA-FARE TRAINS IN THE PERFORMANCE OF OFFICIAL TRAVEL, AND YOU REQUEST DECISION WHETHER AUTHORITY EXISTS FOR THE DIRECTOR OF SELECTIVE SERVICE TO DIRECT TRAVEL ON THAT BASIS.

SECTION 10 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516, AS AMENDED BY SECTION 6 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 808, PROVIDES 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, THE LOWEST FIRST-CLASS ACCOMMODATIONS ARE NOT AVAILABLE OR THAT USE OF A COMPARTMENT OF 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.

THE THIRD PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, PROVIDES AS FOLLOWS WITH REFERENCE TO PERSONNEL OF THE VARIOUS ARMED FORCES:

TRAVEL BY PERSONNEL OF THE SERVICE MENTIONED IN THE TITLE OF THIS ACT, INCLUDING THE RESERVE COMPONENTS THEREOF AND THE NATIONAL GUARD WHILE ON ACTIVE DUTY IN THE FEDERAL SERVICE, ON COMMERCIAL AIRCRAFT, DOMESTIC OR FOREIGN, INCLUDING TRAVEL BETWEEN AIRPORTS AND CENTERS OF POPULATION OR POSTS OF DUTY WHEN INCIDENTAL TO TRAVEL ON COMMERCIAL AIRCRAFT, SHALL BE ALLOWED AT PUBLIC EXPENSE WHEN AUTHORIZED OR APPROVED BY COMPETENT AUTHORITY, AND TRANSPORTATION REQUESTS FOR SUCH TRAVEL MAY BE ISSUED UPON SUCH AUTHORIZATIONS. SUCH EXPENSE SHALL BE ALLOWED WITHOUT REGARD TO COMPARATIVE COSTS OF TRANSPORTATION BY AIRCRAFT WITH OTHER MODES OF TRANSPORTATION.

THE QUOTED PROVISIONS OF THE ACT OF MARCH 3, 1933, AS AMENDED, REQUIRE THAT TRANSPORTATION EXPENSES TO BE ALLOWED PERSONNEL PERFORMING TRAVEL ON PUBLIC BUSINESS SHALL NOT EXCEED THE LOWEST FIRST-CLASS RATE BY THE TRANSPORTATION FACILITY USED, EXCEPT AS OTHERWISE SPECIFIED THEREIN. WHEN RAIL TRANSPORTATION IS USED, A LOWER BERTH HAS BEEN HELD TO BE THE CLASS OF ACCOMMODATION CONSTITUTING THE "LOWEST FIRST-CLASS RATE" AS APPLIED TO SLEEPING CAR ACCOMMODATIONS. 26 COMP. GEN. 360. HOWEVER, UNDER CERTAIN CIRCUMSTANCES SPECIFIED IN THE STATUTE THE USE OF ACCOMMODATIONS OTHER THAN SUCH LOWEST FIRST-CLASS ACCOMMODATIONS MAY BE AUTHORIZED, SUBJECT, OF COURSE, TO THE LIMITATIONS OF THE STATUTE AND THE REGULATIONS ISSUED THEREUNDER. SEE DECISION OF DECEMBER 31, 1948, B-81693, 28 COMP. GEN. 392, COPY HEREWITH. THE SELECTIVE SERVICE SYSTEM IS ESTABLISHED AS AN AGENCY IN THE EXECUTIVE BRANCH OF THE GOVERNMENT WITH A DIRECTOR OF SELECTIVE SERVICE AS THE HEAD THEREOF UNDER THE PROVISIONS OF SECTION 10 OF THE SELECTIVE SERVICE ACT OF 1948, 62 STAT. 618, AND THERE APPEARS NO REASON TO DOUBT THAT THE DIRECTOR OF SELECTIVE SERVICE IS "THE HEAD OF THE AGENCY CONCERNED" HAVING AUTHORITY WITH RESPECT TO OFFICER PERSONNEL OF THE ARMED FORCES ASSIGNED TO DUTY WITH THE SELECTIVE SERVICE SYSTEM TO AUTHORIZE THE USE OF ACCOMMODATIONS OTHER THAN THE LOWEST FIRST-CLASS ACCOMMODATIONS TO THE SAME EXTENT AS THE HEADS OF THE MILITARY DEPARTMENTS FROM WHICH SUCH OFFICERS ARE DETAILED HAVE AUTHORITY UNDER THE SAID ACT OF MARCH 3, 1933, AS AMENDED, TO AUTHORIZE THE USE OF SUCH SUPERIOR ACCOMMODATIONS. SEE 24 COMP. GEN. 200.