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B-192522 (RLR) 1 (1980-03-04)

handle is hein.gao/gaobabjrr0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 IN REPLY REFERTO: B192522 (RLR) March 4, 1980 The Honorable Donald W. Riegle, Jr. United States Senator 101 Hollister Building 106 West Allegan Lansing, Michigan 48933 Dear Senator Riegle: This replies to your letter of January 23, 1980, requesting reconsideration of our decision of January 30, 1979, B-192522, pertaining to one of yo constituents, Mr. Robert A. Young. That decision holds that the use of appropriated funds to pa the costs of U-.Yg round trip travel by foreign air carrier between Chicago, Illinois, and Frankfurt, Germany in November 76 is pro- hibited by section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 1517) - more commonly known as the Fly America Act. We have reviewed this decision and we can find no legal basis for reversing our prior holding. As we stated therein, the Fly America Act (a) makes mandatory the use of certified U.S. air carriers for international air travel paid for from appropriated funds if service by such cairiers is available, and (b) imposes a nondiscretionary duty upon the Comptroller General to disallow expenditures from appropriated funds for such travel by foreign air carriers in the absence of satisfactory proof of the necessity therefore. We have for some time recognized that this law produces some harsh results and imposes a heavy burden on travelers. They are charged with knowledge of its requirements and are personally liable for any costs incurred because of their failure to comply even though others may have advised them erroneously or improperly arranged their travel. Nevertheless, until this law is changed by the Congress, this Office has no alternative but to apply it as presently enacted. We have recommended to the Congress on several occasions that the Fly America Act be amended to relieve travelers of personal liability. See the enclosed copies of our letter of January 27, 1978, 00 40

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