Presented by Denise Storm UMass Amherst Controllers Office 92718 Agenda Today we will talk about the Fly America Act This presentation will discuss Who is governed by the Fly America Act ID: 737784
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Slide1
Fly America –Regulating the use of Foreign Air Carriers on Federally Funded Awards
Presented by:Denise StormUMass Amherst Controller’s Office9/27/18Slide2
Agenda
Today we will talk about the Fly America Act This presentation will discuss:Who is governed by the Fly America Act?
Who
should know about this Federal regulation and related University requirements?
What is the Fly America Act?Use UMass preferred travel agentsWhat is code share?Using foreign carriers and permitted exceptions to the Fly America Act. Open SkiesOther Exceptions (strictly limited)The UMass Fly America Travel Reimbursement Exception FormImportant TakeawaysWhat resources are available to help with compliance?Who can be contacted at UMass with Fly America questions?Slide3
Who is Governed by Fly America
This regulation must be followed by all UMass Amherst (UMA) personnel, students, trainees, consultants and collaborators who are reimbursed for air travel from a Federal sponsored award, or Federal pass through funds (inbound subawards). Slide4
Who Should Know About This?
Anyone traveling Internationally with Federal funds Any PI who is approving international travel on Federal funds Administrative staff with significant travel responsibility on Federal funds Research Accountants, Compliance Teams, and Auditors advising/approving international travel on Federal fundsSlide5
What is the Fly America Act
Federal travelers are required by 49 U.S.C. 40118, commonly referred to as the "Fly America Act," to use U.S. air carrier service for all air travel funded by the U.S. government. At (UMA), Federal travel is indicated by fund numbers (53104-6, 53114-6,53214-6, 53314-6, 53414-6). **Some non-Federal sponsors may also require us to follow the Fly America Act, review the terms of the award.
Travelers must use a U.S. flag carrier (an airline owned by an American company).
Compliance with Fly America is met when we can present proof of a U.S. flag air carrier’s designator code (IATA code) for all legs of a trip being reimbursed with Federal funds.
IATA airline designators, sometimes called IATA reservation codes, are two-character codes assigned by the International Air Transport Association (IATA) to the world's airlines. IATA airline designators are used to identify an airline. Slide6
U.S. Flag Air Carriers and IATA codes
Alaska Airlines (AS) Allegiant Air (G4)American Airlines (AA)Delta Airlines (DL)Frontier Airlines (F9)Hawaiian Airlines (HA)
JetBlue Airways (B6)
Southwest Airlines (WN)
Spirit Airlines (NK)Sun Country Airlines (SY)United Airlines (UA)Slide7
Example of Documentation Showing Proof of U.S Carrier Used:Slide8
Travelers Can Use UMass Preferred Travel Agencies
When traveling on University business, the University of Massachusetts encourages travelers to book through one of the University's preferred travel agencies, and to use our contracted airlines whenever possible. Use live agent booking through the travel collaborative agency for international travel and specify Fly America requirements. https://
www.umassp.edu/travel/booking/live-agent
Slide9
Code Share
Code Sharing occurs when an airline codes a flight as if it were their own.Code sharing agreements with foreign air carriers comply with the Fly America Act regulations. **No Exception Form or Certification is Required.
Ticket or documentation for an electronic ticket must identify the U.S. carrier’s designator code and flight number.
Generally stated as “U.S. Air Carrier flight XXXX operated by Foreign Air Carrier XXXX.” For example:
Allowable: American Airlines AA1234 operated by Quantas Airways QF4321Unallowable: QF4321 operated by AA1234Slide10
Example of Code Share:Slide11
Using a Foreign Air Carrier and Allowable Exceptions that Can be Claimed
In some instances, a non U.S. Flag air carrier may be used if one or more of the exception criteria in FTR 301-10.135-138 are met.
The UMass Fly America Travel Reimbursement Exception Form must be filed whenever a foreign carrier is used for any leg of a trip. FTR 301-10.142 explains the certification requirements when foreign carriers are used. The exception form was developed to meet those requirements and to help UMA travelers and administrators to understand exception criteria.
In some instances, additional supporting documentation along with the exception form are required. For example: when claiming an exception based on matter of necessity 301-10.138, agency’s written approval is required. Slide12
The Fly America Travel Reimbursement Exception Form
Form must be submitted with the travel reimbursement whenever we use a foreign carrier and Fly America applies (Federal funds and/or required by sponsor)Required information Traveler’s name, Report ID, PI Name, Sponsor Name
All flights being reimbursed must be listed on the form
At least one allowable exception must be claimed
Certification by Employee /Traveler and PI (if not the traveler)Slide13
Open Skies
The most well known exception to Fly America is when travel meets GSA’s Open Skies agreement. Travelers supported by Federal funds may travel on EU airlines as well as U.S. flag air carriers. There are also open skies agreements with non-EU members Australia, Switzerland, and Japan.
Please
Note: Travelers using Department of Defense funding are not permitted to take advantage of Open Sky Agreements.
There are 4 open skies agreements in effect:US-EU 6/21/11 (Most recent agreement/amendment)US-Australia 10/1/08US-Switzerland 10/1/08US-Japan 10/1/11**Please Note: We do not have an open sky agreement with CanadaSlide14
US-EU Open Skies Agreement 6/21/11-29 Countries
Austria BelgiumBulgariaCyprusCzech RepublicDenmark
Estonia
Finland
FranceGermanyGreeceHungaryIrelandIcelandItalyLatviaLithuaniaLuxembourgMaltaNetherlandsNorwayPoland PortugalRomaniaSlovakiaSloveniaSpain Sweden
United
KingdomSlide15
Claiming Open Skies Exception US-EU
Air travel is between a point in the US and a member country in the EU, Norway or Iceland and;The flight originated, arrived, or stopped in the EU (flights to only EU destinations is not required) and;The airline carrier is from a member county in the EU open skies agreement with the USTravel is not supported by DOD funds Slide16
Common EU Carriers
Austrian (Austria) (OS) Brussels Airlines (Belgium) (SN)
Cyprus Airways (Cyprus
) (CY)
Czech Airlines (Czech Republic) (OK) Finnair (Finland) (AY) Air France (France) (AF) Air Berlin (Germany) (H3) Lufthansa (Germany) (LH) British Airways (Great Britain) (BA) Virgin Atlantic (Great Britain) (VS)
Aegean Airlines (Greece
) (A3)
Olympic Air (Greece
) (OA)
Icelandair
(Iceland
) (FL)
Alitalia
(Italy
) (AZ)
AirBaltic
(Latvia
) (BT)
Luxair (Luxembourg
) (LG)
Air Malta (Malta
) (KM)
KLM (The Netherlands
) (KL)
LOT Polish Airlines (Poland
) (LO)
TAP Portugal (Portugal
) (TP)
TAROM (Romania
) (RO)
Adria Airways (
Slovinia
) (JP)
Iberia (Spain
) (IB)
SAS (Sweden
) (SK)Slide17
Claiming Open Skies (US-Non EU Members Australia, Switzerland, and Japan)
Air travel is between the US and Australia; US and Switzerland, US and Japan and;No City Pair contract exists (provide supporting documentation)The traveler used an air flag carrier of the respective Country Travel is not supported by DOD fundsSlide18
Common Carriers of Australia, Switzerland, and Japan
Major Airline of Australia: Quantas (QF) and Virgin Blue (DJ)Major Airline of Switzerland: Swiss International Airlines (LX) and Edelweiss Air (8R)Major Airline of Japan: Japan Airlines (JL) and All Nippon Airways (NH)Slide19
City Pair
Federal (civilian and military) employees on official travel at the governments expense are required to use the City Pair Program. Only Government travelers can use City Pair.The City Pair P
rogram offers fares which are considerably lower than comparable commercial fares as well as all of the flexibility possible in planning travel. These fares save the Federal government billions of dollars annually. These fares are not available to contractors.
While UMass employees do not have access to the city pair program, a city pair check is required when traveling between any point in the U.S. to a non-EU open sky member states (Australia, Switzerland, and Japan.) This is because the city pair requirement is a part of the open skies agreement with these Countries.
No City Pair check is required when traveling Internationally between two points outside the U.S.Use the City Pair Search Tool. If search results produce a contracted rate, a U.S. air carrier is required. If a search does not produce a contracted rate, use of an open skies member states’ carrier is allowed. Search at http://cpsearch.fas.gsa.gov/ Slide20
Example of and Airline City Pair
Origin Airport
Destination Airport
Airline
Click for Awarded Service Details, then down-arrow.
Awarded
Service
Click for Government YCA Fare Details, then down-arrow.
Govt
YCA
Fare
Click for Government _CA Fare Details, then down-arrow.
Govt
_CA
Fare
Click for Government _CB Fare Details, then down-arrow.
Govt
_CB
Fare
Contract
Effective
Date
Contract
Expiration
Date
LOS ANGELES INT'L AIRPORT
ZURICH
American
C
700.00
0.00
4,784.00
10/01/2018
09/30/2019
DENVER
ZURICH
Delta
C
673.00
618.00
3,728.00
10/01/2018
09/30/2019
CHECK DCA, BWI OR IAD
ZURICH
AmericanC413.000.004,686.0010/01/201809/30/2019ATLANTAZURICHAmericanC532.000.004,253.0010/01/201809/30/2019CHECK LGA, JFK OR EWRZURICHDeltaN480.00414.002,968.0010/01/201809/30/2019
Award List
Origin:
Any City
Destination:
ZRH
Click the Fare link for Fuel Surcharge and Baggage Fees
Hover over or click the "
i
" image for additional information. Screen
reader users should tab to the image, press enter, then down-arrow.
Slide21
Allowable Exceptions (Other than Open Skies)
Strictly limited circumstancesA U.S. flag carrier does not provide service on a particular leg of a tripA U.S. flag air carrier will unreasonably delay travel timeA U.S flag air carrier involuntarily reroutes travel
Medical/safety reasons
See the UMass Fly America Travel Reimbursement Form-allowable exceptions are listed.Slide22
Non-Employee Travel
We are responsible to ensure that all personnel, students, trainees, consultants and collaborators who are reimbursed for air travel from a Federal sponsored award are compliant.
For those who are not being reimbursed in the Expense Module, we must still document an exception if foreign air carriers are used when Fly America applies. FTR 301-10.142 provides guidance as to the certification requirements.
Include the certification with source documents which are available for audit.
We can use the travel reimbursement exception form or provide other documentation which meets this criteria below:301-10.142 What must the certification include?The certification must include:(a) Your name;(b) The dates that you traveled;(c) The origin and the destination of your travel;(d) A detailed itinerary of your travel, name of the air carrier and flight number for each leg of the trip; and
(e) A statement explaining why you met one of the exceptions in §301-10.135, §301-10.136, or §301-10.137 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
.
**Have the PI sign off on the certification**Slide23
Important Takeaways For Travel on Federal Grants or Grants Requiring Fly America:
We must use U.S. flag carriers or claim an allowable exception (such as “Open Skies”). The UMass Travel Reimbursement Exception Form must be included with employee travel reimbursements when foreign carriers are used.
For Non-employee travel reimbursements, we must document an allowable exception per the certification requirements of the FTR.
We must be aware when we are making travel arrangements, what flights/carriers are being booked and keep all documentation showing detailed itinerary.
Travelers should utilize UMass travel agencies and specify Fly America when booking.Lower cost is not an acceptable criteria for justifying the non-availability of a U.S. carrier.If foreign carrier(s) are used and an allowable exception can’t be claimed, the airfare portion of the trip must be reimbursed from a non-federal source.Documentation must support all flights being reimbursed, regardless of whether a U.S. carrier or foreign carrier were used. A detailed itinerary is required. Designator codes and flight numbers must be provided to support the allowability of the flight(s).Missing Receipt Affidavits cannot be used in place of detailed itinerary.Slide24
What Resources Are Available to Help With Compliance-Fly America Act?
UMass Fly America Policy https://
www.umass.edu/controller/sites/default/files/Fly_America_Act_and_Open_Skies_Agreements.pdf
UMass Fly America Travel Reimbursement Exception Form https://www.umass.edu/controller/sites/default/files/Fly_America_Act_Exception_Form.pdf UMass Fly America Decision Tree https://www.umass.edu/controller/sites/default/files/FLY_AMERICA_DECISION_TREE.pdf Fly America Act and Open Skies-GSA https://
www.gsa.gov/policy-regulations/policy/travel-management-policy/fly-america-act
Electronic Code of Federal Travel Regulation Part 300-10.135-142
https://www.ecfr.gov/cgi-bin/text-idx?SID=52160a32df177d5bae1f8c3725606d84&node=pt41.4.301_610&rgn=div5%23sg41.4.301_610_1125.sg2%20-%
20sg41.4.301_610_1125.sg2
Airline and Airport Code Search
https://
www.iata.org/publications/Pages/code-search.aspx
City Pair Lookup
https://
cpsearch.fas.gsa.gov/cpsearch/search.do
Slide25
Who Can I contact at UMass if I have a Question RE: Fly America?
The Controller’s Office Compliance Department or Research Accounting DepartmentDenise Storm dstorm@admin.umass.edu
413-545-7011
Ray Rex
rrex@admin.umass.edu 413-545-1414https://www.umass.edu/controller/accountants