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B-138942 1 (1981-03-31)

handle is hein.gao/gaobabjzv0001 and id is 1 raw text is: COMPTROLLER GENERAL OFTHE UNITED STATES s WASHINGTON D.C. 20548 B-138942 March 31, 1981 HEADS OF DEPARTMENTS, AGENCIES, AND OTHERS CONCERNED SUBJECT: [REVISED GUIDELINE FOR IMPLEMENTATION OF THE C/ FLY AMERICA ACTLF The attached is~a revision which supersedes the guidelines issued March 12, 1976, in implementation of the so-called Fly America Act, as enacted by section 5 of the International Air Tranffportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. S 1517. ;'he primary reason for this revision is to implement the amendments made by section 21 of the International Air Transportation Competition Act of 1979, Pub. L. 96-192, February 15, 1980, 94 Stat. 43. Those amendments relax the standards under which U.S. air carrier service may be considered unavailable for travel between two places, both of which are outside the United States. A new standard of reasonable availability, as opposed to strict availability, is to be applied to this category of travel. In addition, the amendments permit the use of foreign air carrier service without regard to the availability of the U.S. air carrier service under the reciprocal terms of an appropriate bilateral or multilateral agreement. Since 49 U.S.C. § 1517 was enacted, we have issued numerous decisions interpreting the Fly America Act. -The basic concepts in the guidelines as revised have not changed. Thus, most existing decisions will continue to be applicable. One exception is the 2-day per diem con- cept discussed in 56 Comp. Gen. 216 (1977), which is no longer to be followed in view of the new availability criteria in the revised guidelines. Acting Comptro ler General of the United States Attachments 62/1)c

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