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B-205402 1 (1982-04-27)

handle is hein.gao/gaobadkgk0001 and id is 1 raw text is: 1ECIS,IN B-205402 THE; carIvTROLLER G ENERAL OF THE UNITED STATE8 WASHINGTON. 0. C. 20548 DATE: April 27, 1982 MATTER OF: William B. Johnston Employee on authorized official travel from Washington, D.C., to Oslo, Norway, and return undertook indirect travel as a matter of personal convenience and traveled by foreign air carrier from London, England, to Oslo. In accordance with the penalty formula set forth at 56 Comp. Gen. 209 (1977), employee is liable for the amount by which his personal travel diverted revenue from United States air carriers to foreign air carriers. The Nuclear Regulatory Commission requests our deci- sion on whether an employee may be reimbursed for a penalty assessed for the use of a foreign air carrier in violation of the International Air Transportation Fair Competitive Practice Act, the so-called Fly America Act, 49 U.S.C. § 1517. Payment is not authorized since travel as originally scheduled, using United States air carriers to the maximum extent possible, was changed by the authorizing official at the employee's request after he had been informed that he would be assessed a penalty for using a foreign air carrier as a personal convenience. Mr. William B. Johnston was authorized to perform travel from Washington, D.C., on official business as chairman of a group meeting in Hanko, Norway, from June 15 through June 18, 1981. The meeting dates were established in December 1980. Mr. Johnston later discovered that his daughter's high school graduation ceremony was scheduled for 3 p.m., June 14, 1981, the day that he was expected to begin travel. The authorizing official planned Mr. Johnston's flights using American air carriers to the maximum extent possible, in accordance with the Fly America Act. The flight selected was Northwest Airlines flight #36 departing JFK International Airport for Oslo, Norway, at 7:10 p.m., June 14, 1981. Due to the conflict presented by his daughter's graduation, Mr. Johnston did not use the direct flight selected by the authorizing official. He used Pan American flight #102 to London, England, departing JFK International Airport at 8:45 p.m., June 14, 1981. A foreign air carrier was used from London to Oslo. When Mr. Johnston asked for this FILE: DIGEST:

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