International travel
The Research Foundation offers medical, safety
and travel services to employees who are traveling
abroad on official Research Foundation business*
through the Assistance Abroad portal, managed
by International SOS.
International SOS is a medical and security assistance
company for both emergency and non-emergency situations
when you are away from home.
The Assistance Abroad portal is is available
24 hours a day, seven days a week and provides:
Country Specific Information
Security and Medical Alerts
Vaccinations and Diseases
Medical Referrals
Food and Water Safety
Business and Cultural Etiquette
Personal and Driving Safety
Public Holidays
Phone, Electrical, and Financial Data
Demographics
Worldwide Emergency Contact Information
Worldwide SOS Alarm Centers Directory
Worldwide SOS Clinics Directory
Country Medical Referrals
Country Emergency Phone Numbers (Ambulance, Fire,
Polic)
Embassy Contact Information
International Phone Codes
Information About Your SOS Membership
Printable Card
Frequently Asked Questions
List of Your Membership Benefits
*Services offered through the Assistance Abroad
portal are available only to Research Foundation
employees traveling abroad on official Research
Foundation business. Services are not provided
to employees traveling abroad for personal reasons.
US Carrier
FLY
AMERICA ACT
Guidelines
for International Travel Paid for by the US
Government
In
order to help clarify the basic rules and
regulations of the Fly America Act, Travel-On has
prepared this brochure to assist those people
traveling on international trips being paid for by
the U.S. Government. Most of this information is
taken directly from Section 301-3.6 of the Federal
Travel Regulations as amended on February 23, 1990
and effective on March 23, 1990.
USE
OF UNITED STATES AIR FLAG CARRIERS
I.
Definitions
-
The
Fly America Act. The "Fly America
Act" refers to the provisions enacted
by section 5 of the International Air
Transportation Fair Competitive Practices Act
of 1974 (pub. L. 93-624, Jan. 3, 1975), 49
U.S.C. App. 1517, as amended by section 21 of
the International Air Transportation
Competition Act of 1979 (Pub. L. 96-192, Feb.
15, 1980). 94 Stat. 43.
-
U.S.
Flag Air Carrier. The term "U.S.
flag air carrier" means an air
carrier holding a certificate under section
401 of the Federal Aviation Act of 1958 (49
U.S.C. App. 1371). Foreign air carriers
operating under permits are excluded.
-
United
States. For purposes of the Fly America
Act, "United States" means
the 50 states, the District of Columbia, and
the territories and possessions of the United
States (49 U.S.C. App. 1301(38)).
-
Gateway
Airport in the United States. A "gateway
airport in the United States" means
the last airport in the United States from
which the traveler's flight departs, or the
first airport in the United States at which
the traveler's flight arrives.
-
Gateway
Airport Abroad. "A gateway airport
abroad" means the airport abroad from
which the traveler last embarks enroute to the
United States or at which the traveler first
debarks incident to travel from the United
States.
II.
General Requirements of the Fly America Act
The
Fly America Act, 49 U.S.C. App. 1517, as
implemented in the Comptroller General's
guidelines, Decision B-138942, March 31, 1981,
requires Federal employees and their dependents,
consultants, contractors, grantees, and others
performing United States Government financed
foreign air travel to travel by U.S. flag air
carriers:
-
Unless
travel by foreign air carrier is a matter of
necessity as defined in paragraph (b)(3) of
this section, or
-
When
U.S. flag air carrier service is available
within the guidelines in paragraphs (b)(4)(5)
of this section.
III.
Necessity for Use of Foreign Air Carrier Service
Use
of foreign air carrier service may be deemed
necessary if a U.S. flag air carrier otherwise
available cannot provide the air transportation
needed, or use of U.S. flag air carrier service
will not accomplish the agency's mission.
IV.
Availability of U.S. Flag Carrier Services
1.
General. U.S. flag air carrier service is
available even though:
-
Comparable
or a different kind of service can be provided
at less cost by a foreign air carrier;
-
Foreign
air carrier service is preferred by or is more
convenient for the agency or traveler; or,
-
Service
by a foreign air carrier can be paid for in
excess foreign currency, unless U.S. flag air
carriers decline to accept excess foreign
currencies for transportation payable only out
of these monies. (See also paragraph
(b)(5)(iv) of this section.)
2.
Scheduling Principals. In determining
availability of U.S. flag air carrier service, the
following scheduling principals should be followed
unless their application results in the last or
first leg of travel to and from the United States
being performed by foreign air carrier:
-
U.S.
flag air carrier service available at point of
origin should be used to destination or, in
the absence of direct or through service, to
the furthest interchange point on a usually
traveled route;
-
Where
an origin or interchange point is not served
by U.S. flag air carrier, foreign air carrier
service should be used only to the nearest
interchange point on a usually traveled route
to connect with U.S. flag carrier service; or,
-
Where
a U.S. flag air carrier involuntarily
re-routes the traveler via a foreign air
carrier, the foreign air carrier may be used
notwithstanding the availability of
alternative U.S. flag air carrier service.
V.
Guidelines for Determining Unavailability of U.S.
Flag Air Carrier Service
1.
Travel to and from the United States: Passenger
service by a U.S. flag air carrier will not be
considered available when the travel is between a
gateway airport in the United States and a gateway
airport abroad and the gateway airport abroad is:
-
The
traveler's origin or destination airport, and
the use of U.S. flag air carrier service would
extend the time in a travel status, including
delay at origin and accelerated arrival at
destination, by at least 24 hours more than
travel by foreign air carrier.
2.
Travel Between Two Points Outside the United
States: For travel between two points outside
the United States, U.S. flag air carrier service
will not be considered to be reasonably available:
-
If
travel by foreign air carrier would eliminate
two or more aircraft changes enroute;
-
Where
one of the two points abroad is the gateway
airport en route to or from the United States,
if the use of the U.S. flag air carrier would
extend the time in travel status by at least 6
hours more than travel by a foreign air
carrier, including accelerated arrival at the
overseas destination or delayed departure from
the overseas origin, as well as the gateway
airport or other interchange point abroad; or,
-
Where
the travel is not part of a trip to or from
the United States, if the use of a U.S. flag
air carrier would extend the time in travel
status by at least 6 hours more than traveled
by foreign air carrier including delay at
origin, delay en route and accelerated arrival
at destination.
3.
Short Distance Travel: For all short distance
travel, regardless of origin and destination, U.S.
flag air carrier service will not be considered
available when the elapsed travel time on a
scheduled flight from origin to destination
airport by foreign air carrier is 3 hours or less
and service by U.S. flag air carrier would involve
twice the travel time.
4.
Travel Finances Solely with Excess Foreign
Currencies: U.S. flag air carriers render
themselves unavailable by declining to accept
payment in foreign currencies for transportation
services required by certain programs or
activities of the Government which, under
legislative authority, are financed solely with
excess foreign currencies which may not be
converted to U.S. dollars. In these instances, and
notwithstanding the provisions of paragraph
(b)(4)(I)(C) of this section, foreign flag air
carriers that will accept the required foreign
currency may be used to the extent necessary to
accomplish the mission of the particular program
or activity. The statement of justification
required under paragraph (c)(3) of this section
must indicate that the transportation service
needed can be paid for only in excess foreign
currencies and that otherwise available U.S. flag
air carriers declined to accept payment in the
foreign currencies.
USE
OF FOREIGN FLAG AIR CARRIERS
I.
Authorization or Approval: Expenditures for
commercial foreign air transportation on foreign
air carrier(s) will be disallowed unless there is
attached to the appropriate voucher a certificate
or memorandum adequately explaining why service by
U.S. flag air carrier(s) is not available, or why
it was necessary to use a foreign air carrier. Use
of foreign flag air carriers may be authorized or
approved only when U.S. flag air carrier service
is not available as determined under the
guidelines in paragraph (b) of this section, or
when foreign air carriers are used under the
reciprocal terms of an appropriate bilateral or
multilateral agreement as described in paragraph
(c)(2) of this section.
II.
Air Transport Agreements: Nothing in the
guidelines in paragraph(b) of this section shall
preclude and no penalty shall attend the use of a
foreign air carrier which provides transportation
under an air transport agreement between the
United States and a foreign government, the terms
of which are consistent with the international
aviation goals set forth at 49 U.S.C. App. 1502(b)
and provide reciprocal rights and benefits.
III.
Justification Statement: A statement executed
by the traveler or agency justifying the use of a
foreign flag air carrier for any part of foreign
travel must be entered on or attached to the
travel voucher, transportation request, or any
other payment document. Each request for a change
in route or schedule which involves the use of a
foreign flag air carrier must be accompanied by a
statement justifying such use. The following is a
guide for preparing the justification statement:
IV.
Employee Liability for Disallowed Expenditures: Where
the travel is by indirect route or the traveler
otherwise fails to use available U.S. flag air
carrier service, the amount to be disallowed
against the traveler is based on the loss of
revenues suffered by U.S. flag air carriers as
determined under the following formula set forth
and more fully explained in 56 Comp. Gen. 209
(1977):
Sum
of certificated carrier segment mileage authorized
(¸) Sum of all segment mileage authorized (x)
Fare payable by Gov't Minus (-) Sum or
certificated carrier segment mileage, traveled (¸)
Sum of all segment mileage, traveled (x) Through
fare paid
CODE
SHARING
On
September 25, 1991 the Comptroller General
released a decision regarding the Code Sharing of
flights by U.S. and foreign flag carriers
utilizing the equipment of the foreign flag
carrier. This is announced in Comp. Gen. File
B-240956. The decision is as follows:
The
question in this case, presented by the Department
of State, is whether a U.S. flag air carrier's
arrangement to provide passenger service in
international air transportation on the aircraft
of a foreign air carrier under a "code-share"
arrangement with the foreign air carrier would
meet the requirements of the Fly America Act, 49
U.S.C. App. 1517 (1988). Since it appears that
such service generally would be considered to be
service by a U.S. air carrier in international air
transportation rather than by a foreign air
carrier, that service should also be considered
transportation provided by a U.S. air carrier for
purposes of the Fly America Act.
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