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B-193805 1 (1979-06-15)

handle is hein.gao/gaobadhhw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VAASHINGTON. D.C. 20548 FILE: B-1938 / [DATE: June 15, 1979 MATTER F:4 .- Ot-wa Fly America Act,-applieati-a to Govern- ment invitee DIGEST: Requirement to use U.S. Flag air carriers unless those carriers are unavailable applies to Government invitees even though traveler is unaware of statutory provisions and inviting agency fails to make proper travel arrangements. 49 U.S.C. 1517. This is in response to a request from the Director, Division of Accounting, Office of the Controller, Nuclear Regulatory Com- mission (NRC), for an advance decision concerning a travel voucher submitted by H. J. Otway, an invitational traveler for the NRC. The Division Director, who is an authorized certifying officer, forwarded to this Office a copy of the voucher in question. Ordi- narily the General Accounting Office will not render an advance decision unless the request is accompanied by an original voucher, properly certified and approved. 22 Comp. Gen. 588 (1943). Where the record shows, however, that the certifying or disbursing officer does have a voucher before him, the question presented may be decided in order to expedite matters. B-193434, November 30, 1978; B-178441, June 18, 1973. Mr. Otway, an American member of the International Atomic Energy Agency in Austria was invited to confer in Washington by the NRC at the agency's expense for the period March 25-30, 1978. He was not instructed as to how he should arrange air transportation, nor were the administrative facilities of the NRC, which were available, used to arrange travel for Mr. Otway. He made his own travel arrangements and used a foreign air carrier for the segment of his trip from Vienna through Amsterdam to New York. A U.S. air carrier was available for the trip to New York. Upon his arrival in Washington, he was informed of the requirement to use U.S. air carriers, and changed his return trip which included a personal side trip to Albuquerque, New Mexico, so that he returned to Vienna by a route making the greatest practical use of U.S. air carriers. Mr. Otway was unaware of the requirement to use U.S. air carriers. Because Mr. Otway is not an employee of NRC, the agency feels that he should not be penalized for its failure to give appropriate in- structions and to make proper arrangements for the travel.

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