Transcript Travel Guidelines - Cornell University

The Fly America Act
Regulating the use of Foreign Air
Carriers on Federally Funded
Awards
Link for complete set of slides
http://www.osp.cornell.edu /
AGENDA
1.
What is foreign travel?
2.
What is the Fly America Act?
3.
What are the exceptions to the Fly
America Act?
4.
What is Code Sharing?
5.
What is the Fly America Act exemption
certification?
6.
How do we deal with disallowed travel?
7.
Quick reference
8.
Related links
9.
Questions
Definition of Foreign Travel
• Travel other than within the 50 states,
the District of Columbia, and the
territories and possessions of the
United States.
Marshall Islands
Guam
Federated States of Micronesia
Northern Mariana Islands
American Samoa
Palau
Puerto Rico
Virgin Islands
Some agencies will consider Canada and Mexico
as domestic. Check your sponsor’s regulations.
What is the purpose of
the Fly America Act ?
First enacted in 1974, and
subsequently amended in 1979,
1996 and 1998, the “Fly America
Act”
originally
intended
to
encourage travel to and from the
U.S. on U.S. carriers.
It ultimately requires that any
foreign air travel funded with
federal dollars be performed on
U.S. flag air carriers when service
provided by a U.S. carrier is
available unless “acceptable
reasons”
determine
the
unavailability of a U.S. air carrier.
What constitutes availability ?
U.S. air carrier service is
considered available even if :
• comparable, or different, air
travel service can be provided
at less cost by a foreign air
carrier;
• the foreign carrier is preferred,
or more convenient;
• the foreign carrier can be paid
in excess foreign currency.
CFR Title 41: Public Contracts
and Property Management
PART 301–10—TRANSPORTATION
EXPENSES
Subpart B—Common Carrier
Transportation
Use of United States Flag Air Carriers
§ 301-10.136 What exceptions to
the Fly America Act requirements
apply when I travel between the
United States and another country?
The exceptions are:
(a) If a U.S. flag air carrier offers
nonstop or direct service (no aircraft
change) from your origin to
your
destination, you must use the U.S. flag
air carrier service unless such use
would extend your travel time,
including delay at origin, by 24 hours
or more.
§ 301-10.136
(b) If a U.S. flag air carrier does not offer
nonstop or direct service (no aircraft
change) between your origin and your
destination, you must use a U.S. flag
air carrier on every portion of the route
where it provides service unless, when
compared to using a foreign air carrier,
such use would:
Increase the number of aircraft changes you must
make outside of the U.S. by 2 or more;
or
Extend your travel time by at least 6 hours or more;
or
Require a connecting time of 4 hours or more at an
overseas interchange point.
§ 301-10.137 What exceptions to the Fly
America Act requirements apply when
I travel solely outside the United
States, and a U.S. flag air carrier
provides service between my origin
and my destination?
You must always use a U.S. flag carrier
for such travel, unless, when compared
to using a foreign air carrier, such use
would:
(a) Increase the number of aircraft
changes you must make en route by
2 or more;
or
(b) Extend your travel time by 6 hours or
more;
or
(c) Require a connecting time of 4 hours
or more at an overseas interchange
point.
§ 301-10.138 In what circumstances
is foreign air carrier service deemed
a matter of necessity?
(a) Foreign air carrier service is deemed a
necessity when service by a U.S. flag air
carrier is available, but
(1) Cannot provide the air transportation
needed;
or
(2) Will not accomplish the agency's
mission.
§ 301-10.138
(b) Necessity includes, but is not limited
to, the following circumstances:
(1)
When the agency determines that
use of a foreign air carrier is
necessary for medical reasons,
including use of foreign air carrier
service to reduce the number of
connections and possible delays
in the transportation of persons in
need of medical treatment; or
Please note that the CFR does not require
sponsor prior approval of this exception. It is
Cornell’s position that unless it is an emergency
Cornell will require sponsor prior approval.
§ 301-10.138
2) When use of a foreign air carrier is
required to avoid an unreasonable risk
to your safety and is approved by your
agency (e.g., terrorist threats). Written
approval of the use of foreign air carrier
service based on an unreasonable risk to
your safety must be approved by your
agency on a case by case basis. An
agency determination and approval of use
of a foreign air carrier based on a threat
against a U.S. flag air carrier must be
supported by a travel advisory notice
issued by the Federal Aviation
Administration and the Department of
State. An agency determination and
approval of use of a foreign air carrier
based on a threat against Government
employees or other travelers must be
supported by evidence of the threat(s) that
form the basis of the determination and
approval;
or
§ 301-10.138
(3) When you cannot purchase a ticket
in your authorized class of service on a
U.S. flag air carrier, and a seat is
available in your authorized class of
service on a foreign air carrier.
Short Distance Travel
• If use of a foreign carrier is 3
hours or less and the use of a
U.S. carrier would double the en
route travel time a foreign carrier
may be used
§ 301-10.134 What is U.S. flag air
carrier service?
U.S. flag air carrier service is service provided on
an air carrier which holds a certificate under 49
U.S.C. 41102 and which service is authorized
either by the carrier's certificate or by exemption
or regulation. U.S. flag air carrier service also
includes service provided under a code share
agreement with a foreign air carrier in
accordance with Title 14, Code of Federal
Regulations when the ticket, or documentation
for an electronic ticket, identifies the U.S. flag
air carrier's designator code and flight number.
The Fly America Act
CODE SHARE
The code designation is underlined in red.
In this case a traveler booked the flight
through Air France.
Air France put the
traveler on a U.S. Air flight through a code
share program. The U.S. Air legs of the trip
would be reimbursable but the legs on Air
France would require The Fly America Act
certification.
The Fly America Act
CODE SHARE
This is an example where a traveler booked the
flight through a U.S. flag air carrier and the carrier
placed the traveler on Air France through its code
share program. This entire flight would be
covered by federal funding.
§ 301-10.141 Must I provide any special
Documents if I use a foreign air carrier?
Yes, you must provide a certification, as
Required by your agency. Your agency cannot
pay for foreign air carrier fare if you do not
provide the required certification.
§ 301-10.142 What must the Certification
include?
a.
b.
c.
d.
Your name
The dates that you traveled
The origin and the destination of your travel
A detailed itinerary of your travel, name of
the air carrier and flight number for each leg
of the trip
e. A statement explaining why you met one of
the exceptions or a copy of your agency's
written approval that foreign air carrier
service was deemed a matter of necessity
in accordance with §301–10.138.
The Fly America Act
In order to accept any of the permissible
reasons to use a foreign flag air carrier a
signed certification must be received,
containing the following:
• Traveler’s name and dates of travel;
• The origin and destination of the trip;
• Detailed itinerary of the trip, including the
name of the air carrier and flight number for
each leg of the trip;
• Statement explaining why the travel
performed met one of the exceptions to the
requirements of the Fly America Act.
§ 301-10.143
What is my liability if I improperly use a foreign
air carrier?
You will not be reimbursed for any transportation
cost for which you improperly use foreign air
carrier service. If you are authorized by your
agency to use U.S. flag air carrier service for your
entire trip, and you improperly use a foreign air
carrier for any part of or the entire trip (i.e., when not
permitted under this regulation), your transportation
cost on the foreign air carrier will not be payable by
your agency. If your agency authorizes you to use
U.S. flag air carrier service for part of your trip and
foreign air carrier service for another part of your trip,
and you improperly use a foreign air carrier (i.e.,
when neither authorized to do so nor otherwise
permitted under this regulation), your agency will pay
the transportation cost on the foreign air carrier for
only the portion(s) of the trip for which you were
authorized to use foreign air carrier service. The
agency must establish internal procedures for
denying reimbursement to travelers when use of a
foreign air carrier was neither authorized nor
otherwise permitted under this regulation.
CALCULATION OF ALLOWABLE COST
WHEN ONE OR MORE LEGS DO NOT MEET
THE FLY AMERICA ACT EXCEPTIONS
COST OF FLIGHT
=
TOTAL AIR MILES
TOTAL ALLOWABLE MILES
*
COST PER AIR
MILE
COST PER AIR
MILE
TOTAL ALLOWABLE REIMBURSEMENT
=
For the sake of this example the Madrid to JFK leg has been disallowed.
2050.28
4280+836+1588
= 0.3058
COST / AIR MILE
5116
*
0.3058
=
TOTAL ALLOWABLE MILES
1564.62
TOTAL REIMBURSABLE AMOUNT
FLY AMERICA EXCEPTION
QUICK REFERENCE
TRAVEL BETWEEN US & FOREIGN COUNTRY
Non-stop or direct service on US
carrier would
extend travel time by more than 24hours
increase aircraft changes by 2 or more
Non-direct service on US carrier
would
extend travel time by 6 hours or more
require lay over of 4 hours or more at an
overseas interchange point
TRAVEL BETWEEN 2 POINTS OUTSIDE THE US
increase aircraft changes by 2 or more
Use of a US carrier between 2
points outside the US would
extend travel time by 6 hours or more
require lay over of 4 hours or more
GENERAL RULES
US carrier cannot provide air transportation
US carrier will not accomplish agencies
mission
Use of a foreign air carrier is
necessary when
for medical reasons it is necessary to
reduce the number of changes and
possible delays.
the FAA has issued a travel advisory for
the destination. The sponsor must approve
this exception
a coach class seat is not available on a US
carrier
Short distance travel on foreign
carrier is allowed when
time en route is less than 3 hours and use
of a US carrier would double the en route
travel time
Related Links
It’s The Law
Office of the Assistant General Counsel for Finance and Litigation
Federal Assistance Law Division
Vol. 14 Feb 13, 2002
“Fly America - More Than Just A Name”
by Mike Cannon
http://www.ogc.doc.gov/ogc/fl/fald/itl/itlv14.pdf
____
41 CFR Parts 301–3 and 301–10
http://osr.unc.edu/documents/federal_travel.pdf
____
FAR
Subpart 47.4—Air Transportation by U.S.-Flag Carriers
http://www.arnet.gov/far/current/html/Subpart%2047_4.html#wp1082011
___
Current Travel Warnings
http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html
____
US Air Carrier Codes
http://www.airlinedata.com/uscar.htm#MAJORS
_____
Foreign Flag Carrier Approval
Exemption Certification Form
http://www.payments.cornell.edu/cm_images/uploads/forms/cu_sps_foreig
ncarrier.pdf
QUESTIONS?
ROUND TABLE SURVEY
http://www.osp.cornell.edu/Survey/RoundTableDiscussion.cfm