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B-190575 1 (1978-05-01)

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DECISION


     THE  COMPTROLLER GENERAL
.  .IF THE UNITE= STATES
1    WASHINGTON. D.C. 2l548


FILE:  B-190575


DATE:     tfray 1, 1973


MATTER OF: Relationship of Fly Amc-ica Act
                to Vessel Travel


DIGEST:


Where vessel transportation is authorized and
where vessel of U.S. registry cannot provide
transportation services required, Government-
financed transportation may be obtained
aboard vessel of foreign registry although
certificated U.S. air carrier may be available.
The purpose of 49 U.S.C. 5 1517 is to counter-
balance unfair practices and bring about fairer
distribution of revenues within international
air transportation market more favorable to
U.S. air carriers. It does not limit selection
of mode of travel or transportation to air
travel.


     By letter dated September 22, 1977, the Per Diem, Travel
and Transportation Allowance Committee requests clarification
of the talationship between the requirement for use of vessels
of U.S. registry imposed by 46 U.S.C. I 1241(a) (1970) .and the
requirement of 49 U.S.C. 5 1517 (Supp. V, 1975), for use of
certificated U.S. air carriers in connection with Government-
financed commercial foreign air transportation. Specifically,
ie are asked whether there is a relationship between the two
provisions that would preclude reimbursing an employee for use
of a foreign vessel where transportation by vessel of U.S.
registry is unavailable, but where the transportation services
could have been furnished by a curtificated U.S. air carrier.

     The requirement for use of vessels of U.S. registry in
connection with the travel and transportatin. requirements of
Government officers and employees is sot forth at 46 U.S.C.
I 1241(a) as follows:

          (a) Any officer or employee of the United
     States traveling on official business overseas
     or to or from any of the possessions of the Ui~ted
     States shall travel and transport his personal
     effects on ships registered under the laws of
     the United States where such ships are available
     unless th necessity of his mission requires the


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