For individuals whose travel is funded by the U.S. federal government, understanding and adhering to the Fly America Act is crucial. This regulation mandates the use of U.S. flag air carrier services for all air travel and cargo transportation funded by the federal government. Whether you are a federal employee, a consultant, a contractor, or a grantee, compliance with this act is essential to ensure your travel expenses are reimbursed.
The Fly America Act, rooted in 49 U.S.C. 40118, dictates that any air transportation service funded by the U.S. federal government must utilize a certified U.S. flag air carrier. A comprehensive list of certified U.S. flag air carriers is readily available for reference on transportation.gov, ensuring travelers can easily identify compliant airlines for their journeys within and to America.
This requirement extends to a broad spectrum of travelers, including:
- Federal government employees and their dependents
- Consultants, contractors, and grantees working on federal projects
- Any other travelers whose trip is being paid for by the U.S. federal government
Attempting to circumvent the Fly America Act by crossing the U.S. border to utilize a foreign airline is not permissible. Non-compliance will result in the government’s refusal to reimburse the cost of your airline ticket. Therefore, understanding the nuances of the Act, including codesharing agreements and exceptions, is paramount for anyone undertaking government-funded travel to America or elsewhere.
Understanding Codesharing and Fly America Compliance
Codesharing, a common practice in the airline industry, involves multiple airlines marketing and publishing the same flight under their respective designators and flight numbers. While offering travelers more booking options, codesharing necessitates careful attention to Fly America regulations. In situations where a flight is codeshared between a U.S. and a foreign airline, adherence to the Fly America Act requires purchasing the flight under the U.S. airline’s designator and flight number to ensure compliance. This distinction is vital to guarantee that government-funded travel remains within the bounds of the Act, even when utilizing codeshared flights for travel to America or any destination.
Legitimate Exceptions to the Fly America Act
While the Fly America Act is stringent, it acknowledges certain circumstances where utilizing a U.S. flag air carrier may not be reasonable or feasible. In such cases, exceptions are permitted. These exceptions are narrowly defined and must be carefully considered and documented. It’s important to note that factors such as ticket cost and convenience are explicitly not considered valid exceptions.
The legitimate exceptions to the Fly America Act include:
- Non-availability of a U.S. Air Carrier: When no U.S. air carrier is available to serve the intended route.
- Significant Travel Time Extension: If using a U.S. carrier service would extend the total travel time by 24 hours or more.
- Inconvenient Routing with U.S. Carriers: When a U.S. carrier does not offer a nonstop or direct flight between the origin and destination, and opting for a U.S. carrier would result in:
- An increase of two or more aircraft changes outside the United States;
- An extension of travel time by six hours or more; or
- A connecting time of four hours or more at an overseas interchange point.
- Disproportionate Flight Time Increase on Short Routes: For flights with a total flight time of less than three hours, if using a U.S. flag carrier doubles the flight time.
- Applicable Open Skies Agreements: When a valid Open Skies Agreement is in effect and applicable to the travel in question.
It is crucial to remember that these exceptions must be properly documented and justified. For travel funded by the Department of Defense, the exceptions provided by Open Skies Agreements are not applicable.
Leveraging Open Skies Agreements for Compliant Travel
Open Skies Agreements are bilateral or multilateral agreements between the U.S. Government and foreign governments. These agreements can, under specific conditions, allow for the use of foreign air carriers for government-funded international travel, providing a pathway to compliant travel to America from various international locations and vice versa. However, not all Open Skies Agreements satisfy the Fly America Act requirements. Only those agreements explicitly stating “U.S. Government Procured Transportation” in their Article or Annex are considered compliant.
Currently, four Open Skies Agreements meet the Fly America Act requirements:
- European Union (EU): This agreement covers 28 EU countries (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden) as well as Iceland and Norway. Notably, this agreement uniquely permits the use of an EU air carrier even when the origin and destination are outside the U.S., provided the flight includes a stop within the EU. It is important to note that as of January 1, 2021, the United Kingdom is no longer part of the EU, and thus the EU Open Skies Agreement does not extend to travel solely between the U.S. and the U.K.
- Australia
- Switzerland
- Japan
The agreements with Australia, Switzerland, and Japan allow the use of air carriers from these nations for international travel between the U.S. and these specific countries, contingent on the unavailability of a “City Pair” fare for the intended route.
Detailed information regarding these Open Skies Agreements and other country-specific agreements can be found on the Department of State’s website. Further general information is available in Federal Travel Regulation Bulletins 11-02 [PDF – 111 KB] and 12-04 [PDF – 81 KB].
Documenting Fly America Exceptions for Reimbursement
Proper documentation is essential when claiming an exception to the Fly America Act, including those under Open Skies Agreements. To ensure successful travel reimbursement, the following documentation must be included with your travel claim:
- Agency Fly America Exception Form: A completed and signed internal agency-specific Fly America exception form.
- Detailed Travel Itinerary: A comprehensive travel itinerary obtained from a travel agent or an online travel service such as Sanditz, Travelocity, Orbitz, or Expedia.
- Flight Search Results: Search results captured at the time of booking from an online travel service. These results should clearly document all available flights and substantiate the basis for the Fly America exception claimed on the exception form, if applicable.
For further inquiries regarding the Fly America Act or Open Skies Agreements, travelers can reach out to [email protected] for guidance. Adhering to these regulations ensures compliance and facilitates smooth reimbursement for government-funded travel to America and worldwide.
