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B-206723 1 (1982-10-21)

handle is hein.gao/gaobadkrf0001 and id is 1 raw text is: DECISION FILE: B-206723 THE COMPTROLLERGENERAL OF THE UNITE[ STATES WASHINGTON. D.C. 2O48 DATE: October 21, 1982 MATTER OF: General William Coleman, USAF, et al. 1. Employees whose international travel was routed by a transportation official of the agency on non-certificated carriers in violation of the Fly America Act are liable for the expenses incurred by such travel, even though agency regulations require transportation officers to make travel arrangements. Transportation ex- penses incurred in violation of the Fly America Act may not be paid from appropriated funds and transportation officers acting in their official capacity are not subject to the imposition of liability for errors of judgment. 2. In the absence of a substantiated declaration by an appropriate agency official that certificated carrier service is unavailable, an agency's standard procedure of scheduling travel by non- certificated carriers only when certificated carrier service is unavailable, as required by the regulations, is not a sufficient basis to support a determination that the Fly America Act was not violated in a particular case. This action responds to the request of Mr. J. D. Graham, Accounting and Finance Officer for the Defense Property Disposal Service, Defense Logistics Agency, for a decision concerning the liability of several employees and military officers under the Fly America Act for the cost of portions of international travel they performed by non-certificated carriers. The request was assigned Control Number 82-7 by the Per Diem, Travel and Transportation Allowance Committee. The employees are not entitled to reimbursement since it is the traveler's responsibility to comply with the Fly America AcE, even though travel arrangements are prepared by agency transporta- tion officers. Certification of the unavailability of certificated carrier service may be issued only by appropriate agency officials in accordance with regulatory provisions. During an audit of the Defense Property Disposal Service by this Office potential violations of the Fly America Act were dis- covered. As a result, a case was submitted here for a decision of DIGEST:

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