University of North Dakota Faculty/Staff Newsletter

Grants and Contracts would like to remind all individuals traveling on grant and contract funds of the Fly America Act.

Grants and Contracts would like to remind all individuals traveling on grant and contract funds of the Fly America Act.

The Fly America Act (49 U.S.C. § 40118) requires foreign air travel funded with federal funds be provided by U.S. flag air carriers. The Fly America Act is applicable to all federal and federal flow through grants, cooperative agreements and contracts, for either domestic or international travel.

Non-U.S. flag air carriers may be used when a waiver from the federal requirement is available (e.g., service by a U.S. flag air carrier(s) is not available or it is necessary to use a foreign air carrier) or as allowed by the Open Skies Agreements exception to the Fly America Act: http://www.gsa.gov/portal/content/103191.

If you are planning on foreign air travel or are making arrangements for someone to travel on a grant, cooperative agreement or contract, evaluate if the Fly America Act is applicable to the arrangements or if a waiver or exception might apply. It is important to note this will have a direct effect on international travel, but may also create problems for domestic travel.

Please note:

• Lower cost and personal convenience are not acceptable criteria for justifying the non‐availability of a U.S. flag air carrier.

• Open Sky Agreements exceptions are not permitted for Department of Defense (DOD) travel. Travelers using DOD funds must use an American carrier, unless they qualify for an exemption as noted in Federal Travel Regulation § 301‐10.135.

• Funds may be withheld if the Fly America Act is not followed.

Please contact the Grants & Contracts Administration (GCA) office at 777.4151 for assistance with the Fly America Act: http://und.edu/research/grants-and-funding/index.cfm.