Sponsored Travel Policy
Overview
Effective Date: July 1, 2017
Revised: November 2018
The official version of this information will only be maintained in an online format. Any and all printed copies of this material are dated as of the print date. Please make certain to review the material online prior to placing reliance on a dated printed version.
Policy Statement
The Fly America Act is a federal regulation that states that any foreign air travel that is financed by federal funds must be booked on U.S. flag air carriers or "codeshare" carriers, regardless of cost or convenience.
Purpose of Policy
This policy is an extension of the University Travel Policy. The policy provides guidance to ensure the University and the traveler are in compliance with the Fly America Act. It also assures that travel and business expenses charged to sponsored projects conform to the regulations and restrictions placed on the use of the funds by the sponsor and the Fly America Act.
For additional information about sponsored travel, including questions about allowable expenses, meals and lodging, complying with the Fly America Act and related topics, see the Sponsored Travel Guidance page.
Brown University Travel Policy
Who Is Governed by This Policy
The Sponsored Travel Policy must be followed by all Brown University faculty, staff, students, trainees, consultants and collaborators who are reimbursed for air travel with federal prime or federal pass-through funds. It is the responsibility of the principal investigator (PI) or their to ensure that all air travel charged to federal prime or federal pass-through awards is in compliance with this regulation.
Fly America and Open Skies Decision Tree
The Fly America Act and Open Skies Agreement Decision Tree can help inform decisions when traveling.
Code Sharing
Code-sharing agreements with foreign air carriers, whereby American carriers purchase or have the right to sell a block of tickets on a foreign carrier, comply with the Fly America Act regulations. The ticket, or documentation for an electronic ticket, must identify the U.S. carrier's designator code and flight number. This indicates that the flier is in a U.S. flag carrier seat, regardless of the air carrier that owns the aircraft. The key to meeting the requirements is that the ticket is purchased through the U.S. air carrier.
Exceptions to the Fly America Act
Travel To and From the U.S.
If a U.S. flag carrier offers nonstop or direct service (no aircraft change) from your origin to your destination, you must use a U.S. flag air carrier service unless such use would extend travel time (including delay at origin) by 24 hours or more.
If a U.S. flag carrier does not offer nonstop or direct service (no aircraft change) from your point of origin to your destination, you must use a U.S. flag air carrier service on every portion of the route that it provides service, unless such use would:
- increase the number of aircraft changes outside of the U.S. by two or more;
- extend travel time by at least six hours or more; or
- require a connecting time of four hours or more at an overseas interchange point.
Travel Between Two Points Outside the U.S.
You must always use a U.S. flag air carrier for travel between two points outside the U.S., if available, unless when compared to using a foreign air carrier, such use would:
- increase the number of aircraft changes you must make enroute by two or more;
- require a connecting time of four hours or more at an overseas interchange point; or
- extend travel time by six hours or more.
Involuntary Rerouting
Travel on a foreign flag carrier is permitted if a U.S. flag air carrier involuntarily reroutes the traveler via a foreign flag air carrier, notwithstanding the availability of alternative U.S. flag air carrier service.
Short Distance Travel
For all short distance travel, regardless of origin and destination, use of a foreign flag air carrier is permissible if the elapsed travel time on a scheduled flight from origin to destination by a foreign air carrier is three hours or less and the use of a U.S. flag air carrier doubles time en route.
Note that all exceptions should be documented at the time of purchase. Exceptions to Fly America must meet one of the exception criteria and be justified and documented to be allowable on a federal award.
Open Skies Agreement
The biggest exception to the Fly America Act is the Open Skies Agreement, which is a bilateral or multilateral transport agreement between the U.S. government and the government of a foreign country. Currently there are four Open Skies agreements with the U.S.: the European Union (EU), excluding the United Kingdom; Australia; Switzerland; and Japan. These agreements allow for travel sponsored on federal awards to use foreign air carriers under certain circumstances. The U.S. Department of Transportation has determined that Open Skies agreements meet the requirements of the Fly America Act.
Where an open skies agreement exists a traveler may use the foreign airline except when a General Services Administration (GSA) City Pair agreement exists or the travel is funded by the U.S. Department of Defense (DOD).
Air Transportation Agreements [PDF]
City Pair Program
The GSA City Pair Program offers significantly discounted rates to federal employees traveling abroad. If a City Pair agreement exists for a foreign carrier, then the traveler using funds from a federal sponsored project must fly on a U.S. flag carrier. Travelers cannot purchase the discounted City Pair contract rate; this is only for federal employees.
Prior to booking a flight, travelers should look up their travel route on the City Pair website. If a published airfare rate exists, the traveler must fly on a U.S. flag carrier.
Australia Agreement
Travelers using federal dollars can use an Australian airline only if a point of origin or destination is either the U.S. or Australia and there is no City Pair contract flight between the two points (origin and destination) .If there is a City Pair contract flight, a U.S. airline must be used.
EU Agreement
When traveling to a destination serviced by an EU airline, travelers flying on a federal grant can fly on either a U.S. carrier or EU carrier as long as they touch down in an EU country. On June 21, 2011, the U.S.-EU Air Transport Agreement was amended to include Norway and Iceland as though they were member states of the EU. The traveler may use a Norwegian airline or an Icelandic airline.
Japan Agreement
Travelers using federal dollars can use a Japanese airline only if a point of origin or destination is either the U.S. or Japan and there is no City Pair contract flight between the two points (origin and destination). If there is a City Pair contract flight, a U.S. airline must be use
Switzerland Agreement
Travelers using federal dollars can use a Swiss airline only if a point of origin or destination is either the U.S. or Switzerland and there is no City Pair contract flight between the two points (origin and destination). If there is a City Pair contract flight, a U.S. airline must be used.
Department of Defense-Funded Travel
Travelers using funding from the U.S. Department of Defense (DOD) are not permitted to take advantage of the Open Skies agreements. Travelers using DOD funds must use a U.S. carrier, unless they qualify for an exemption as noted in FTR 301-10.135, sections (a), (d), (e), (f), and (g):
(a) Use of a foreign air carrier is determined to be a matter of necessity in accordance with § 301–10.138; or
(d) No U.S. flag air carrier provides service on a particular leg of the route, in which case foreign air carrier service may be used, but only to or from the nearest interchange point on a usually traveled route to connect with U.S. flag air carrier service; or
(e) A U.S. flag air carrier involuntarily reroutes your travel on a foreign air carrier; or
(f) Service on a foreign air carrier would be three hours or less, and use of the U.S. flag air carrier would at least double your en route travel time; or
(g) When the costs of transportation are reimbursed in full by a third party, such as a foreign government, international agency, or other organization.
Exceptions should be documented at the time of purchase. Exceptions to the Fly America Act must meet one of the exception criterias and be justified and documented to be allowable on a federal award (see 41 CFR 301.10-141). If supporting documentation is not provided, the cost of foreign air carrier travel is deemed unallowable and must be covered by nonsponsored (personal or departmental) funds.