Fly America Act Airlines Requirements and Exceptions

The Fly America Act requires that US government-funded travel be performed on US flag carriers, with some exceptions. This law aims to promote the US airline industry by directing government-funded travel to US-based airlines.

To comply with the Fly America Act, travelers must book their flights on US flag carriers, such as American Airlines, Delta Air Lines, and United Airlines. These airlines are designated as US flag carriers due to their US ownership and operation.

Exceptions to the Fly America Act include travel to or from a US territory, travel on a US carrier that does not operate on the route, and certain types of charter flights.

Federal regulations play a crucial role in determining when to use a foreign air carrier.

The Fly America Act does not apply when the use of a foreign air carrier is necessary to meet federal regulations.

In such cases, the decision is determined by the U.S. General Services Administration (GSA) Federal Management Regulations 301-10.138.

If you need to book a foreign air carrier due to federal regulations, you might see a warning message on your Spend Authorization if you select the spend category Foreign Air Transportation and include one of the federal fund worktags.

If you're traveling on federal funds, you'll need to use a U.S. flag carrier or a foreign air carrier that's code shared with a U.S. flag carrier, unless an exception applies.

The Fly America Waiver Checklist can help you document an exception to the Fly America Act. This checklist is available as a PDF.

An Open Skies agreement between the U.S. government and a foreign country can allow the use of a foreign carrier under certain restrictions. These restrictions include using a member state carrier or traveling between two points outside the U.S.

Travelers funded by federal grants and contracts should review GSA publication Federal Travel Regulations Section 301-10.106 for City-Pair requirements and Section 301-10.135 for Open Skies requirements.

A list of countries the U.S. has Open Skies agreements with is available at the U.S. State Department website.

You're required to use U.S. carriers for travel reimbursed from federal grants and contracts, unless a foreign air carrier has a code-sharing agreement with a U.S. flag carrier.

Additional cost for U.S. carrier flights is not a valid reason to fly on foreign carriers. If there's no U.S. carrier to your destination, you must travel on a U.S. carrier as far as possible.

Code-sharing agreements with foreign air carriers can comply with Fly America Act regulations if the ticket or documentation identifies the U.S. carrier's designator code and flight number.

Open Skies Agreements provide an exception to the Fly America Act, allowing the use of foreign air carriers for federally-funded air transportation services.

To qualify, funding must not be provided by the U.S. Department of Defense (DOD) or a U.S. military department. The GSA’s City-Pair Program offers government negotiated fares for flights between certain cities, but if a city-pair agreement is in effect, the traveler may not claim an Open Skies exception.

The GSA City Pair Program (CPP) search tool can be used to check for applicable agreements.

The Open Skies agreement between the U.S. and Japan allows the use of Japan Airlines and All Nippon Airways when both conditions are met.

The Open Skies agreement between the U.S. and Switzerland allows travel on the air carrier Swiss International when both conditions are met.

Requirements for air travel supported by federal funds are straightforward. You must use a U.S. flag carrier or a foreign air carrier that is code-shared with a U.S. flag carrier.

Even if a foreign air carrier service is less expensive or more convenient, it's not an acceptable alternative. The Fly America Act requires the use of U.S. carriers for travel reimbursed from federal grants and contracts.

To comply with the Fly America Act, you'll need to identify the U.S. carrier's designator code and flight number on your ticket or documentation for an electronic ticket. This is especially important if you're code-sharing with a foreign air carrier.

Some funding sources may have more restrictive policies than the university's travel policy, so it's essential to check with your funding source before booking your flight. If their policy is more restrictive, you'll need to follow their guidelines.

Here's a list of major U.S. flag air carriers and their International Air Transport Association (IATA) airline codes:

Remember, Air Canada is not a U.S. flag air carrier, so you'll need to choose another option if you're traveling on federal funds.

Domestic U.S. and Canada destinations are served by numerous airlines. Here are some of the major carriers:

Airtran Airways (FL) and Alaska Airlines (AS) offer flights to various domestic destinations. Alaska Airlines (AS) is known for its extensive route network in the Pacific Northwest.

American Airlines (AA) and American Trans Air (TZ) operate flights to numerous domestic cities. American Airlines (AA) is one of the largest airlines in the world.

Delta Airlines (DL) and Frontier Airlines (F9) also serve domestic destinations. Delta Airlines (DL) is a major carrier with a large route network.

Hawaiian Airlines (HA) specializes in flights to Hawaii, a popular tourist destination. Jet Blue (B6) offers low-cost flights to various domestic cities.

Midwest Express (YX) operates flights to the Midwest region. Southwest Airlines (WN) is known for its unique business model and low fares.

Spirit Airlines (NK) offers low-cost flights to various domestic destinations. United Airlines (UA) is a major carrier with a large route network.

For more insights, see: Holland America Cruises from Seattle

US Airways (US) operates flights to numerous domestic cities. Virgin America (VX) is a low-cost carrier with a focus on customer service.

Here are some of the airlines serving domestic U.S. and Canada destinations:

A noncompliant ticket can be a real hassle, especially if you're not aware of the Fly American Act requirements. The Fly American Act requires that tickets be purchased from a U.S. carrier, or at least from a carrier that has a right to sell tickets on a U.S. carrier.

Figure 2 shows an example of a noncompliant ticket from a foreign air carrier. The flight is an Air France flight, but is operated by Delta Air Lines.

This means that even though the flight is operated by a U.S. carrier, the ticket was purchased from a foreign carrier. The traveler checks in at the Air France ticket counter, which is a noncompliant practice.

The boarding pass will include the Air France two-letter identification code, which is another indication that the ticket is noncompliant.

If no U.S. air carrier provides service to your destination, you may be able to use foreign air carrier service, but only to or from the nearest interchange point on a usually-traveled route that connects with a U.S. air carrier service.

In this scenario, a U.S. air carrier may involuntarily reroute your travel on a foreign air carrier.

Code-sharing agreements with foreign air carriers allow U.S. air carriers to purchase or have the right to sell a block of tickets on a foreign carrier.

The paper or electronic ticket for a code-share flight must identify the U.S. air carrier's designator code and flight number.

Code-sharing agreements comply with the Fly America Act regulations, but some funding sources may have more restrictive policies.

If a funding source policy is more restrictive than the Fly America Act, you must follow the more restrictive policy.

The Fly America Act has several exceptions to its rules, which can be a relief for travelers who need to book flights on foreign airlines. One notable exception is the Open Skies Agreement, which allows the use of foreign carriers under certain conditions.

The Open Skies Agreement is in place between the US government and the government of a foreign country, and it permits the use of a foreign carrier when that airline is a member state carrier or between two points outside the US, subject to restrictions.

Travelers funded by federal grants and contracts should review the Federal Travel Regulations Section 301-10.106 for City-Pair requirements and Section 301-10.135 for Open Skies requirements.

To use an exception, you must complete a Certification of Exception to Fly America form, which requires signatures from both the traveler and the applicable PI for the award.