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B-192522 1 (1981-04-22)

handle is hein.gao/gaobadjie0001 and id is 1 raw text is: U - (? ~ ~THE COMPTROLLER GENERAL DECISION , OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-192522 DATE: April 22, 1981 MATTER OF: Robert A. Young - Fly America Act DIGEST: Employee who travels overseas on foreign air carrier where there is no showing that certificated U.S. air carriers were not available to-transport him is in violation of Fly American Act and is personally liable for the cost. This ction is in response to arequest for recon- sideration of our decision Robert A. Young, B-192522, January 3 1979, which was submitted through the Per Diem, Travel and Transportation Allowance Committee, and was assigned PDTATAC Control No. 80-29. That deci- sion held that Mr. Robert A. Young, Comptroller, Defense Property Disposal Service (DPDS), was personally liable for the cost of international travel on a foreign air carrier for round trip travel between Chicago and Frankfurt during November 1976, under the provisions of the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 1517 (1976), more commonly known as the Fly America.Act. During a GAO audit of certain accounts, it was discovered that Mr. Young also had made a trip on a foreign air carrier in September 1976. On the basis of our prior decision, his agency determined that Mr. Young owed an additional $691.40 for that trip. Mr. Young has requested that we reconsider our prior decision and that we relieve him of liability for both trips. In the alternative, Mr. Young has requested that we waive payment of the debt if we cannot reverse our prior decision. We will examine his liability for each flight on a foreign airline separately. Reconsideration of the January 30, 1979, Decision The facts are set out at length in that decision and will be repeated only where necessary for clarity.

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