41 CFR 301-10.131 through 301-10.143
Anyone whose air travel is financed by U.S. Government funds, except as provided in §§ 301-10.135, 301-10.136, and 301-10.137 must comply with the requirements of the Fly America Act.
The Principal Investigator (PI) or PI’s designee is responsible for complying with the Act and the specific terms of the federal grant award when booking international flights. (NOTE: some sponsors may have more restrictive requirements, e.g. NSA or USED). The cost of travel subject to the Act that does not adhere to regulations or the terms of the award will be borne by the PI or his/her department or unit if approved the chair or dean.
Given the complexity of complying with the Act and the documentation required, OSP recommends working with a reliable travel agent whose staff is knowledgeable about international travel and the Act e.g., BTI travel.
What does compliance with the Act look like?
Flights that comply with the Act will have the US flag air carrier’s designator code and flight number on tickets or associated documentation e.g., boarding pass, e-Ticket itinerary for all legs of a trip for which the US carrier flights are available.
A detailed list of U.S. flag air carriers and their associated designator codes is below:
| Airline | Code |
| Airtran Airways | FL |
| Alaska Airlines | AS |
| American Airlines | AA |
| Delta Airlines | DL |
| Frontier Airlines | F9 |
| Hawaiian Airlines | HA |
| Jet Blue | B6 |
| Southwest Airlines | WN |
| Spirit Airlines | NK |
| United Airlines | UA |
| USAirways | US |
| Virgin America | VX |
Exceptions to the Act
If you travel on a foreign carrier under an exception to the Fly America Act, the Fly America Act Exception form or comparable information should be submitted to OSP to confirm the allowability of proposed travel expenses to be paid by federal funds. NOTE: All defense and some other sponsors require we obtain their prior approval even if travel was included in awarded budget). Federal awards may not be charged for international travel costs if the required exception certification is not approved by OSP.
§§ 301-10.135 The “Fly America Act,” requires use of U.S. flag air carrier service for all air travel funded by the U.S. Government, except as provided in §§301-10.136 and 301-10.137 or when one of the following exceptions applies:
(a) Use of a foreign air carrier is determined to be a matter of necessity in accordance with §301-10.138;
(b) The transportation is provided under a bilateral or multilateral air transportation agreement to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act, e.g., “Open Skies Agreements” (NOTE: Not applicable to Department of Defense-supported travel);
Current “open-skies” agreements include:
- European Union (EU): the 2007 Air Transport Agreement with the European Union (plus Norway and Iceland) as amended, effective Jun 24, 2010, and further amended, effective June 21, 2011. A list of current member countries of the European Union is available at the Europa web site.
- for transportation between any point in the United States and any point outside the United States that an EU airline carrier is authorized to serve under the U.S.- EU Open Skies Agreement. Allowable airlines are members of the Association of European Airlines.
- for transportation between any point in the United States and any point outside the United States that an EU airline carrier is authorized to serve under the U.S.- EU Open Skies Agreement. Allowable airlines are members of the Association of European Airlines.
- Australia: the 2008 Air Transport Agreement between the U.S. and Australia
- for transportation using airlines of Australia between any point in the U.S. and any point in Australia and any two points outside the U.S. on an Australian carrier, except for points between which there is a GSA City‐Pair contract fare in effect (check: http://cpsearch.fas.gsa.gov/cpsearch/search.do?method=enter).
- Switzerland: the 2008 Air Transport Agreement between the U.S. and Switzerland
- for transportation using airlines of Switzerland between any point in the U.S. and any point in Switzerland and any two points outside the US on a Swiss carrier, except for points between which there is a GSA City‐Pair contract fare in effect (check: http://cpsearch.fas.gsa.gov/cpsearch/search.do?method=enter).
- Japan: the 2009 Air Transport Agreement between the U.S. and Japan
- for transportation using airlines of Japan between any point in the U.S. and any point in Japan and any two points outside the US on an Japanese carrier, except for points between which there is a GSA City‐Pair contract fare in effect (check: http://cpsearch.fas.gsa.gov/cpsearch/search.do?method=enter)
(c) Clause (c) is not applicable to SU employees;
(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;
(e) A U.S. flag air carrier involuntarily reroutes your travel on a foreign air carrier;
(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.
§301-10.136 Exceptions to the Fly America Act requirements when traveling between the US and another country.
The exceptions are:
(a) If a U.S. flag air carrier offers nonstop or direct service (no aircraft change) from your origin to your destination, you must use the U.S. flag air carrier service unless such use would extend your travel time, including delay at origin, by 24 hours or more.
(b) If a U.S. flag air carrier does not offer nonstop or direct service (no aircraft change) between your origin and your destination, you must use a U.S. flag air carrier on every portion of the route where it provides service unless, when compared to using a foreign air carrier, such use would:
(1) Increase the number of aircraft changes you must make outside of the U.S. by 2 or more; or
(2) Extend your travel time by at least 6 hours or more; or
(3) Require a connecting time of 4 hours or more at an overseas interchange point.
§301-10.137 Exceptions to the Fly America Act requirements when traveling solely outside the U.S., and a U.S. flag air carrier provides service between my origin and my destination.
You must always use a U.S. flag carrier for such travel, unless, when compared to using a foreign air carrier, such use would:
(a) Increase the number of aircraft changes you must make en route by 2 or more; or
(b) Extend your travel time by 6 hours or more; or
(c) Require a connecting time of 4 hours or more at an overseas interchange point.
§301-10.138 In what circumstances is foreign air carrier service deemed a matter of necessity?
(a) Foreign air carrier service is deemed a necessity when service by a U.S. flag air carrier is available, but
(1) Cannot provide the air transportation needed.
(b) Necessity includes, but is not limited to, the following circumstances:
(1) When the agency determines that use of a foreign air carrier is necessary for medical reasons, including use of foreign air carrier service to reduce the number of connections and possible delays in the transportation of persons in need of medical treatment; or
(2) When use of a foreign air carrier is required to avoid an unreasonable risk to your safety and is approved by your agency (e.g., terrorist threats). Written approval of the use of foreign air carrier service based on an unreasonable risk to your safety must be approved by your agency on a case by case basis. An agency determination and approval of use of a foreign air carrier based on a threat against a U.S. flag air carrier must be supported by a travel advisory notice issued by the Federal Aviation Administration and the Department of State. An agency determination and approval of use of a foreign air carrier based on a threat against Government employees or other travelers must be supported by evidence of the threat(s) that form the basis of the determination and approval; or
(3) When you cannot purchase a ticket in your authorized class of service on a U.S. flag air carrier, and a seat is available in your authorized class of service on a foreign air carrier.
Federal regulations (§301-10.142) require that the certification of the exception claimed include:
(a) Your name;
(b) The dates that you traveled;
(c) The origin and the destination of your travel;
(d) A detailed itinerary of your travel, name of the air carrier and flight number for each leg of the trip; and
(e) A statement explaining why you met one of the exceptions in §301-10.135, 301-10.136, or 301-10.137 or a copy of written approval that foreign air carrier service was deemed a matter of necessity in accordance with §301-10.138.
Best Practices
Faculty and staff are strongly encouraged to consult with OSP prior to finalizing international travel arrangements as agency implementation of these federal regulations.
The Fly America Act certification form for exceptions to foreign air carrier use should be submitted to OSP prior to transmitting travel vouchers for reimbursement to protect against disapproval of charges to federal funds.
Principal Investigators are responsible for reviewing their award’s terms and conditions for any special requirements applicable to foreign travel. NOTE: some federal sponsors such as the Department of Defense and other military agencies as well as US Department of Education require prior approval for international travel even when included in the budget. Please contact OSP for assistance.
Costs for foreign travel subject to the Fly America Act that do not comply with the Act will be disallowed in whole or in part for reimbursement by the Federal award.
Updated: 10/17/2016