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B-202410 1 (1981-09-29)

handle is hein.gao/gaobadjtv0001 and id is 1 raw text is: B-202410 DECISION MATTER OF DIGEST: Fly America Act - Repatriation Loans The Fly America Act, 49 U.S.C. S 1517, does not require the use of United States air carriers in repatriation cases where the individuals are loaned funds by the Department of State for their subsistence and repatriation. Transportation procured by the individual with funds borrowed from an executive department is not Government- financed transportation to which the Fly America Act applies. This action is in response to a letter dated March 3, 1981, from the Comptroller, Department of State, request- ing an advance decision concerning the legality of a pro- posed change in Department of State regulations dealing with the repatriation of destitute Americans. Section 2671 of title 22 of the United States Code (1976), authorizes the Secretary of State to make emer- gency expenditures and to delegate authority pertaining to the certification of those expenditures. Historically, Congress has appropriated monies to the Secretary's Con- fidential Fund, established for this emergency purpose, with the understanding that the fund would be used to provide loans to Americans needing financial assistance in returning to the United States. To ensure the proper use of these funds, the Department of State has promul- gated regulations which define the circumstances in which financial assistance is to be provided and the procedures which must be followed. See 7 Foreign Affairs Manual (FAM) 370 and 375. Generally, the individual is responsible for resolving his personal financial difficulties. However, when a United States national is seeking to return to the United States after a relatively brief period of absence, is destitute, and is without relatives and friends who are able and willing to help, the Department of State will provide temporary financial assistance. See 7 FAM 375.1-1. In these circumstances, the Department of State will provide a 60-day, interest-free loan to be used for subsistence and repatriation. The individual will not be furnished a passport for travel abroad until the obligation has been fully discharged. T i i / t? v_.4 T-14 / 1 o / THE COPTROLLER GENERAL OF THE UNITED STATES WAS HINGTO N. D. C. 20546 DATE: September 29, 1981 FILE: F:

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