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B-194057 1 (1979-07-11)

handle is hein.gao/gaobadhjz0001 and id is 1 raw text is: rftcO t51 , THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES SWASHINGTON. 0.C. 2054 £NIT E0 FILE: B-194057 MATTER DIGEST: DATE: July 11, 1979 OF: Kenneth M. Curtis -Indirect Travel by Foreign Air Carrier and Railroad Where U.S. air carriers were available from last point of official business, but where traveler combined personal business with his return travel and used a train and a foreign air carrier for segments of the journey, the traveler may not be reimbursed travel expenses representing revenues diverted from U.S. air carriers to foreign air carriers. Using the fare proration method set forth in 56 Comp. Gen. 209 (1977), the Fly America Act penalty is determined by subtracting the rail fare from the amount of revenues lost by U.S. air carriers determined under that formula. This decision is in response to a request by the Chairman, [> 9 United States Section, International Joint Commission (IJC), C/ 2P 511 United States and Canada, to consider the disallowance of part of a travel voucher submitted by and paid to Governor Kenneth M. Curtis, one of the IJC's Commissioners. The disallowance was based on a determination by the Department of State that the Commissioner should be assessed a penalty for violating the statutory requirement to use U.S. air carrier service whenever available. That statute, commonly referred to as the Fly America Act, is Section 5 of the International Air Transporta- tion Fair Competitive Practices Act of 1975, 49 U.S. C. § 1517 (1976). The Commissioner was authorized to travel by air from Portland, Maine, to Penticton and Vancouver, British Columbia, and to return to Portland.tWhen the Commissioner completed his official duties in Vancouver, he traveled by rail at a cost of $46. 84 to Calgary, Alberta, for personal business. He then returned to Portland by air, using a foreign air carrier between Calgary and Chicago, Illinois, because he believed that only foreign air carriers provided service froni Calgary The air- fare from Calgary to Portland was $221. 42. On his travel voucher, the Commissioner claimed the constructive airfare I(0 q 071_1

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