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B-138942 1 (1979-10-30)

handle is hein.gao/gaobadhrx0001 and id is 1 raw text is: I I C,, *~7 FAA o ' THE COMPTROLLER GENERAL OECISION * OF THE UNITED STATES VVASHINGTON. D. C. 20548 FILE: BI)8942 DATE: October 30, 1979 MATTER CF: Department of Treasury -,Fly America Act - Agency discretion in scheduling travel DIGEST: In the case of an employee of the Jewish faith, where the agency finds that the individual's determination not to travel on his Sabbath is not a matter of his preference or con- venience, but the dictate of his religious convictions, it may properly determine that U.S. air carrier service to the furthest practicable interchange point, requiring departure before dark on Saturday, cannot provide the trans- portation needed and, thus, is unavail- able under the Fly America Act and the implementing guidelines. The Acting Assistant Secretary (Administration), Department of the Treasury, has asked whether the failure to use certificated U.S. air carrier service to the furthest practicable interchange point violates the Fly America Act, 49 U.S.C. § 1517, where such scheduling would require a person of the Jewish faith to travel on his Sabbath. The problem is a recurring one. As an example, the Acting Assistant Secretary has refer.red to the difficulty experienced in connection with Mr. Mordecai S. Feinberg's participation in certain treaty negotiations in Malta. His attendance was regarded as essential to the negotiations, which initially were scheduled to begin on Monday. Because Mr. Fein-be-r-g is an observant Jew whose religion requires him to abstain from all travel from sundown Friday until dark on Saturday, his travel could not be scheduled by U.S. air carrier from Washington, D.C., to Rome, the furthest practicable interchange point, since service to Rome, with foreign air carrier connec- tions to Malta required departure before dark on Saturday. 7

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