Consideration of Fly America Act Violation

A Department of the Treasury official asked whether failure to use certified U.S. air carrier service to the furthest practicable interchange point would violate the Fly America Act if such scheduling would cause a person of the Jewish faith to travel on his Sabbath. The official referred to a case of a Jewish employee who would have had to violate his religious convictions by travelling on his Sabbath in order to fulfill the requirements of the Act. The employee's attendance at treaty negotiations was considered to be essential by the Department. It has been held that a Government traveller must use U.S. carrier service available at point of origin to the furthest practicable interchange point on a usually travelled route. However, an agency may decide that certified service cannot provide the foreign air travel it needs or will not accomplish the agency's mission. Personal preference or convenience does not justify the use of foreign carriers. The official suggested that preference or convenience should not apply to a situation in which an employee's religious convictions require him to abstain from travel. In the case referred to, it was held that the Department properly could have determined that the U.S. air carrier service available could not meet its mission concerning the employee's attendance at the negotiations.