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B-205206 1 (1983-04-15)

handle is hein.gao/gaobadlac0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON. 0. C. 20548 FILE: B-205206 DATE: April 15, 1983 MATTER OF: Daniel Bienstock DIGEST: Employee assessed a Fly America Act pen- alty for foreign air carrier travel to and from China as a member of a delegation offers explanation that foreign air car- rier travel enabled delegation to arrive as a group and that individual arrivals would have interfered with diplomatic pro- cess. If agency determines that diplo- matic considerations warrant finding that use of U.S. air carrier would not accom- plish agency's mission, traveler's liability may be excused on basis that travel by foreign air carrier was a matter of official necessity. Dr. Daniel Bienstock requests reconsideration of our decision Matter of Bienstock, B-205206, June 28, 1982, in which we held him liable for the cost of his travel by foreign air carrier between New York and China in the absence of an agency determination that the purpose of his travel could not have been accomplished without the use of the foreign carrier. Based on the information Dr. Bienstock has presented in support of his request for reconsideration we would not object to the agency's determination that his travel by foreign air carrier was a matter of official necessity. However, that determination is for the agency rather than this Office. The facts are set out at length in our June 28, 1982 decision and will be repeated only where necessary for clarity. Dr. Bienstock, an employee of the Department of Energy, traveled to China as a member of a delegation of United States energy experts. Travel arrangements, including a Japan Air Lines flight from New York to China and return, were made for the entire group by one of its members who was not a Government employee. Because air carrier service was available between New York and China we held that Dr. Bienstock was liable under the Fly America Act, 49 U.S.C. 1517, for the cost of his transportation in the absence of a determination by his agency that his mission would not have been accomplished without use of the foreign carrier.

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