[Request for Reconsideration of Claim for Cost of Travel on Foreign Carrier]

A Federal employee requested reconsideration of a GAO decision which held him liable for the cost of international travel by foreign air carrier. In support of his claim, the employee submitted a letter from the leader of his delegation which explained that members of the delegation followed his advice in booking transportation aboard the foreign air carrier which he had determined was the only flight available. He felt that it was important for the delegation to be welcomed as a group and pointed out that these travel arrangements allowed members of the delegation to discuss and finalize its position while traveling. Fly America Act guidelines provide that use of a foreign air carrier may be deemed necessary if a U.S. air carrier could not provide the foreign air transportation needed, or if such use would not accomplish the agency's mission. It is within an agency's authority to determine whether available U.S. air carrier service will accomplish the agency's mission, and diplomatic or political considerations may provide the basis for an agency's determination that the use of a foreign air carrier is necessary. Such a determination will not be questioned by GAO unless it is arbitrary or capricious. GAO found that the additional information which the employee submitted indicated that the foreign air carrier transportation served an official purpose beyond convenience to the individual members of the delegation. If the agency determines that the purpose rises to the level of actual mission necessity, the employee's liability, as determined by the previous GAO decision, may be excused on the basis that his travel by foreign air carrier was a matter of official necessity.