Open Skies RE: [RESADM-L] Fly America Act Carol Blum 15 Jan 2009 09:48 EST

Just to complicate things, there are conditions under which a foreign
carrier can be used for federally funded research - if there is a
bilateral or multilateral "open skies" agreement.  NSF recently revised
its General Grant Conditions to permit travel on Open Skies agreement
community carriers.  This option should be available under other federal
awards but it would be wise to check with the funding agency before
purchasing a ticket.  I've copied the NSF section (GC1, Section 10.d.1
for your information.  It has a link to the GSA Office of Travel website
that explains the Open Skies agreement.

There are limitations to the use of foreign air carriers and you should
review the General Services Administration's (GSA) Travel website to
determine if an Airline Agreement exists and to check the city-pairs
agreements before booking a flight.  The Airfare City-Pair Program is a
key limitation on federally funded travelers using foreign carriers
under the Open Skies Agreements.  If the federal government has a
city-pair agreement for airfares, travelers can not use a foreign
carriers under Open Skies.  Unfortunately, non-federal employees can not
make use of the city-pair agreement to book travel either; it simply
serves to limit when a foreign carrier can be used by non-federal
employees.   Thus, before booking a flight with a non-US carrier under
the European Union, Australia or Switzerland Open Skies Agreement,
travelers must check the city-pair program (search access is available
from the GSA homepage, under Travel Resources).  If a city-pair
agreement exists, the existing Fly America regulations prevail.  If a
city-pair agreement does not exist, travelers can book flights with
foreign carriers covered by Open Skies.    For example, there is no
city-pair agreement between Washington, DC and Paris, France.  A
traveler from Washington DC could consider flights on Air France.

Good luck.
Carol

NSF General Grant Conditions:
d. Use of Foreign-Flag Air Carriers
There are limited circumstances under which use of a foreign-flag air
carrier is permissible.
These circumstances are outlined below:
1. Airline "Open Skies" Agreements: A foreign flag air carrier may be
used if the transportation is provided under an air transportation
agreement between the United States and a foreign government, which the
Department of Transportation has determined meets the requirements of
the Fly America Act. For example, in 2008, the U.S. entered into an
"Open Skies" Agreement with the European Union. This Agreement gives
European Community airlines (airlines of Member States) the right to
transport passengers and cargo on flights funded by the U.S. government,
when the transportation is between a point in the United States and any
point in a Member State or between any two points outside the United
States. In accordance with the Agreement, however, a U.S.-flag air
carrier must be used if: (a) transportation is between points for which
there is a city-pair contract fare in effect for air passenger
transportation services; or (b) transportation is obtained or funded by
the Secretary of Defense or the Secretary of a Military Department. The
conditions for use of a Member State airline apply to non-Federal
employees as well (e.g., grantees). So, even though grantees are
ineligible for city-pair contract fares, they must still use a U.S.-flag
air carrier if a city-pair contract fare exists. For information on
other "open skies" agreements in which the United States has entered,
please refer to GSA's website:
http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&co
ntentId=24833&noc=T

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@hrinet.org] On
Behalf Of Lori Hulak
Sent: Wednesday, January 14, 2009 5:28 PM
To: xxxxxx@hrinet.org
Subject: [RESADM-L] Fly America Act

Good afternoon fellow RA's -

Is there a federal regulation called the Fly America Act that requires
travel charged to federal grants be done on an american carrier?

I have received this email from a faculty member at my institution:

"Our current program manager's assistant said that she'd never heard of
such a requirement, and checked with someone else there who hadn't
either.  She gave us the name of a third person who should be the
definitive word on the subject.  This person is currently travelling on
the West Coast so I am emailing her now."

I would appreciate any and all feedback as soon as possible :)

Lori

Lori B. Hulak, BA, CRA
Specialist, Grant Writer
Jefferson College of Health Sciences
920 S. Jefferson Street
Roanoke, VA 24031-3186
Phone (540) 985-8206
xxxxxx@jchs.edu

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