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B-210132 1 (1983-06-24)

handle is hein.gao/gaobadldu0001 and id is 1 raw text is: 









B-210132


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0.C. 20548




      DATE:   June 24, 1983


MATTER


DIGEST:


OF: Fly America Act Penalty for Involuntary
    Re-routing

En route home from temporary duty overseas
an employee indirectly routed his travel to
take annual leave in Dublin and scheduled his
return flight from Shannon to the United
States on a U.S. air carrier. Upon arrival in
Shannon the employee was informed that his
scheduled flight had been discontinued and the
carrier scheduled the employee's transoceanic
travel on a foreign air carrier. Since there
were no alternative schedules at that point
under which the employee could have traveled
on U.S. air carriers available under the Comp-
troller General's Guidelines for Implementa-
tion of the Fly America Act for the trans-
oceanic portion of his travel, there need be
no penalty for the use of a foreign air
carrier.


     The General Counsel of the Central Intelligence
Agency has asked whether an employee must be assessed
a penalty under the Fly America Act, 49 U.S.C. S 1517,
when the U.S. air carrier flight on which he had sched-
uled his return to the United States from a point along
an indirect route was discontinued and the U.S. air car-
rier rescheduled the employee's transoceanic travel on a
foreign air carrier. The penalty is not applied where
the employee originally planned his indirect or delayed
travel by U.S. air carriers, but at the time he was to
use that planned travel the U.S. air carrier was not
available and no alternative schedule was available for
travel on U.S. air carriers under the Comptroller Gen-
eral's Guidelines for Implementation of the Fly America
Act, B-138942, revised March 31, 1981.

     The employee     was returning from temporary duty
overseas arranged to recurn to the United States through
Dublin, Ireland, with a period of leave, rather than re-
turning directly. The emploiee had confirmed reserva-
tions from Shannon, ire!,an, to Boston to Washington on
U.S. air carriers, hut when he arrived in Shannon on the
Wednesday his fliqlt was scheduled to depart, he was


ORCISlON


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FILE:

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