Application of Fly America Act to Claim Involving Involuntary Re-routing

An advance decision was requested as to whether a Government employee who was involuntarily rerouted to a British Airlines flight should be penalized under the provisions of the Fly America Act. The Act requires disallowance of any expenditure from appropriated funds for transportation on a foreign air carrier in the absence of proof that such service was necessary. In a previous decision, GAO placed a high degree of responsibility on the Government traveler to schedule his travel for the benefit of U.S. air carriers. However, where the employee has properly scheduled his travel and relied upon that scheduling and where his efforts are frustrated through no fault of his own, there is adequate justification to consider that he has discharged that responsibility. Since it was apparent that the claimant made such an effort, no reason was found to impose a penalty under the Fly America Act.