Applicability of Fly America Act to Government Invitees

An American member of the International Atomic Energy Agency in Austria was invited to confer in Washington by the Nuclear Regulatory Commission (NRC) at the agency's expense. He made his own travel arrangements, but was unaware of the requirement to use U.S. air carriers. Since the member was not an employee of NRC, the agency felt that he should not be penalized for the fact that the agency failed to give appropriate instructions and to make proper arrangements for the travel. An advance decision was requested by the agency. GAO determined that there is no statutory provision to relieve a guest traveler of the penalty for using a foreign flag carrier because of the agency's failure to make appropriate travel plans. Since transportation by certified U.S. air carriers was available between Vienna and Washington, the member may not be allowed the amount of money improperly diverted from U.S. air carriers. It was noted, however, that the price of the air ticket would have been higher if purchased in Vienna, and this difference was allowed to be deducted from the penalty.