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B-206329 1 (1982-04-09)

handle is hein.gao/gaobadkfj0001 and id is 1 raw text is: 



DISION


FILE:


B-206329


THU COMPTRO LR GENERAL
OF THU UNITED STATUS
WASHINGTON, o.C, 201548



      DATEr April 9, 1982


MATTER OF;


DIGIFCVT:


Panamanian Members of the Panama Canal
Commission's Supervisory Board


Where refusal of Panama Canal Commission to
pay official travel expenses of Panamanian
members of its Supervisory Board who use a
Panamanian airline would be detrimental to
its overall objectives, the Commission may
determine that use of available service by
U.S. air carriers would not accomplish
agency's mission, rmaking use of foreign air
carrier necessary. The Comptroller General
would nnt question agency's determination
of necessity in these circumstances, and
would allow payment of travel expenses.


     The Panama Canal Commission asked us to decide
whether the Fly America Act prohibits the Commission
from paying the travel expenses of the Panamanian
member' of its Supervisory Board who fly to Board
meeting3 on Air Panama. We conclude that payment of
thase v.;nenses would be allowed if the Commission were
to detotline that the use of available service by U.S.
carriecu hould not accomplish the agency's mission.
     The Panama Canal Commission is an executive branch
agency of the United States Government created by the
Panama Canal Act of 1979, Pub. L. No. 96-70, 22 U.S.C.
S J601 et seg. It is responsible for the maintenance
and operation of the Panama Canal.  The Commission is
supervised by a Board composed of nine members, as many
as four of whom may be nationals of the Republic of
Panama.  22 U.S.C. 5 3612(a).  Mumbers of the Board
serve without compensation but are allowed travel or
transportation expenses while on official business in
the same manner as persons employed intermittently in
Government service are allowed expense under 5 U.S.C.
S 5703.  22 U.S.C. S 3617.  The Board ',olds regular
meetings four times during the yearl the next meeting
is scheduled for October 1982. At present, the Pana-
manian members of the Board plan to fly to the meeting
on Air Panama evon though two U.S. air carriers have
daily service between Panama and the United States.
Those plans present an ostensible conflict with the
so-called Fly America Act.


* A?


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