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B-202691 1 (1981-12-23)

handle is hein.gao/gaobadjys0001 and id is 1 raw text is: I-         I


DECIS.IONk


42 )3  r


TH|f COMPTROLLER GENERAL
OF THEUNITED STATifl
WAUIHINGTON, Do,. R20B4S


FILE; B-202691

MATTER OF;


D1GES 0 11


DATE;


December 23, 1981


D, Thomas Longo, Jr, - Fly America Act --
Travelers' LiabiLity


Employees and dependents who travel overseas on
foreign air carrier3 when service by US. air
carriers is available in violation of Fly America
Act are personally liable for costs even though
they may have been ignorant of the Act and relied
upon erroneous statements of a Government offtcial
in charge of travel, Government is not estopped
from enforcing valid Congressional requirements
for charging the public treasury.


     Hr. D, Thomas Longo, Jr., Hungarian Affairs Officer, Departmeit of
 State, appeals our Claims Division's denial of reimbursement for over-
 seas travel on foreign air carriers, The issue in this case is whwther
 Hr. Longo and his dependents may be reimbursed for travel on foretgn
 air carriers in violation of the Fly America Act because they relied on
 erroneo'js advice by the Government official in charge of travel. A
 Government traveler is not relieved of the responsibility for correctly
 arranging his and his dependents' travel on U.S. air carriers when such
 service is available by relying on advice given by others. Reimbursement
 may not be allowed.

     Hr. Longo and his dependents were transferred from Budapest, Hungary,
 to Washington, D.C., 1 1978, For personal reasons, Hr. Longo actually
 traveled front Budapest throigh Rome and several other Italian cities to
 Paris by foreign ai.r carriers. i completed his travel on a U.S. air
 carrier from Paris tL Washington. lis depetdents' travel was essentially
 the save, except that they went through Zurich on the way to Rome.
 Mr. Longo states that these itineraries were cleared with agency and
 airline officiala in Budapest who advised him that the routings were
 consistent with the requirements of 49 U.S.C. 1517, as amended, commonly
 called the Fly America Act, When Mr. Longo submitted his travel voucher
 the State Department, and later our Claims Division, determined that he
 and his dependents Ehould have traveled by a routing making proportiun-
 ally greater use of U.S. air carriers. Under the formula set forth in
Foreign Affairs Manual (FAN) Circular No. 730, September 14, 1977,
Mr. Longo's liability for travel by foreign air carrier was determined
to be $494.54.

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