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B-188968 1 (1978-10-17)

handle is hein.gao/gaobadgni0001 and id is 1 raw text is: 





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OATE: October   17, 1978


OF:  Catherine Benton - ReconrIderation - Relief from
     liability for use of foreign air carrier

Where use or appropriated funds for Paace Corps
volunteer's transportation by foreign air carrier
is prohibited by Fly America At,  cost may not be
paid by ACTION under section 15(a) of Peace Corps
Act authorizing use of funds outside U.S. without
reard  to restrictions on obliisations and expendi-
tures.  This 2s special authority for coping with
unusual situations peculiar to foreign assistance
organizations, not for solving problems which are
common to all agencies.  The har whip imposed by
the sanction of personal liability under the Fly
America Act is imposed Government-wide and is by
no means peculiar to carrying out the functions
of ACTION or other foreign assistance organizations.


     By letter dated December 6, 1977, Mr. James E. Allen, Authorized
Certifying Officer, ACTION Agency, reauests futher consideratton of
the Matter of Catherine Benton, B-188968, August 8, 1977.

     That decision imposes  personal liability on a Peace Corps
volunteer who eichanget a ticket on Par American Airways for one on
Swiss Air and flew from Delhi, India, to Nev., York on that foreign
air carrier when transportation by certificated U.S. air carrier
was available.  We held that Ms. Benton was liable for the cost,
even thot'gh she may not have bean counseled that the use of appro-
priated funds for such transportation is'prohibited by the Fly
America Act, section 5 of the International Air Transportation
Fair Competitive Practices Act of 1974, Pub. L. No. 93-623, January 2.
1975, 88 Stat. (Part 2) 2104 (49 U.S.C. 1517).

     The certifying officer now asks whether, notwithstanding the
foregoing decision, ACTION can pay the cost of this transportation,
$1,115, under the authority granted by section 15(a) of the Peace
Corpz Act, Pub. L. No. 87-293, September 22, 1961, 75 Stat. 621
(22 U.S.C. 25141a) (1976)). Section 15(a) provides in pertinent
part as follows:

     Funds made available for the purposes of this Act may be
     used  for * * * expenditures outside the United States for


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                                                             FL

                    W   84   THE  COMPTROLLR UENERAL
DCISION .                    OF   THE UNITED ETArS
                             WASHINGTON, D.C. ROS4U
                    Mil(W1


FILE:  8-188968

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