Fly America Act

The is a federal regulation that governs air travel reimbursed from federal grants and contracts. Key requirements include:

  • Use of U.S. carriers:ΜύTravel must be on U.S. carriers, regardless of cost or convenience.
  • Code-sharing agreements: U.S. carriers can partner with foreign carriers under a β€œcode-sharing agreement,” but tickets must display the U.S. carrier's designator code and flight number..
  • U.S. carrier preference: Requires travel on a U.S. carrier as far as possible if there is no U.S. carrier to the destination.

U.S. Flag Air Carrier

A U.S. flag air carrier holds a certificate under 49 U.S.C. 41102 but does not include a foreign air carrier operating under a permit. A full list is available on the .

Code-Sharing Agreement

For Fly America Act compliance, the ticket must:

  • Be purchased through the U.S. carrier.
  • Display the U.S. carrier’s code (e.g. American Airlines [AA] 1234).

Examples:

  • Compliant: American Airlines (AA) 1234 operated by Qantas Airways (QF) 4321
  • Not Compliant: Qantas Airways (QF) 4321 operated by American Airlines (AA) 1234

Exceptions to the Fly America Act

Exceptions to the Fly America Act must be documented by the Department or Institute and attached to the travel records. The is available for use, but not required.Μύ Common exceptions include:

Open Skies Agreements

Under Open Skies Agreements, federal funds can be used for air travel on a foreign carrier, except when the travel is funded by the Department of Defense (DOD) or U.S. Military. Specific rules apply to:.

  • European Union, Norway, Iceland (excludes United Kingdom):ΜύAn EU airline may be used if travel touches down in these regions.
  • Australia, Japan, Switzerland:ΜύAllowed if no City-Pair Agreement exists for the route. Use the to determine if an agreement applies.

The GSA's City Pair Program offers government negotiated fares for flights between certain cities. City-Pair Agreement discounted fares are only available to Federal Government employees; however, if a city-pair agreement is in effect, you may not claim an Open Skies exception and must fly on a U.S. flag carrier or U.S. code share carrier. After entering your departure and arrival cities, the search tool will either display the city pair agreement fares or will report "There are no awards for the requested city-pair," in which case the Open Skies Exemption can be used.

  • Canada, Mexico:ΜύAirline travel to must comply with the Fly America Act. Air Canada and Westjet are operated by Canadian based airlines, and Aeromexico is operated by a Mexican based airline; therefore, do not qualify as allowable under the Fly America Act.Μύ

Other Exceptions

  • You are involuntarily rerouted
  • Medical or safety reasons
  • Use of a U.S. carrier will unreasonably delay your travel time, by more than 24 hours
  • A U.S. flag air carrier does not offer service on a particular leg of your trip; however, a U.S. carrier must be used on every portion of the route where it provides service unless, when compared to using a foreign air carrier it would:
    • Increase the number of aircraft changes outside the U.S. by two or more
    • Extend travel time by six hours or more
    • Require a connecting time of four hours or more outside of the U.S.
    • For short distance travel, when the flight time from origin to destination is less than 3 hours and the use of a U.S. flag carrier doubles the time enroute.

Reference Resources

University of Colorado Resources

U.S. Government Resources

  • U.S. Department of Transportation
  • U.S.GSA
  • U.S. Department of

For questions, contact the OCG Compliance Team or theΜύFinancial Reporting Supervisor in CCO.