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B-138942 1 (1977-01-03)

handle is hein.gao/gaobadeba0001 and id is 1 raw text is: t m Iail0 V.!loox t44 C THE COMPTNOLLER WENENAL DHCINION*. OP THE UNITED STATUE WAHINSTON. 0.C. m ccm5 Ly B-138042 DATE: Jaaary 3s 1 MATTER OF, Arthur R. Thompson - Fly America Act: liability formula; rest and recuperation DIGEST: 1. Einployee's liability under 49 U. S. C. 5 1517 and the4-ly Amerira guidelines should be deterined on the basis of- a of revenues . by certificated U. S. air Carrie's as a result of the employee's improper use of or indirect travel by noncertificated air carriers, To the extent that State Depart- ment!, formulas at 6 FAM 134.5 impose liability based on~gain in revenues by unatithorized carriers where traveler's actliin Mherely shift Government revenues between rioncertificated air carriers, those formulas unnecessarily penal! ..e Government travelers. 2. In the absence of agency Instructions adopting a fare pioration` formula'or determining traveler's liability for scheduling of travel in'violation of the Fly America guidelines. this Office will apply a mileage proration formula o6l6ulating the trprelerrs liability based on clertificated U.S. air carriers' loss of revenues. 3. Under State Department instru3tions, alternate rest and recuperation (R&R) point is to be regarded as thei'employee's primary RrR point for urposea of 49 U. S. C. ; 1517., Sine certificated U. S. air carrier service is unavailable between the eiployee's duty station, Kinahtaa, /and his alternate R&R point, Amhsterdan, emiloyee's action in extending his ticket-to include persorial rouind-i.-tp travel ab8ard a foreign air carrier to Los Angeles at a reduced thrighfare was not improper since his additional travel did not diminish receipt of Govern- ment revenues.by certificated U. S. air carriers. 00 0 I 'I, C L.. - FILE: II

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