Recipients of Federal financial assistance funds (i.e. federal grants) are required to abide by the provisions of the Fly America Act - - but what does that mean?

The Fly America Act requires that foreign air travel funded with Federal dollars be performed on U.S. flag air carriers, unless one has a good reason not to. This applies to ALL foreign travel funded by Federal dollars.

The restricitions of the Fly America Act apply whenever travel is financed by U.S. Government funds. Essentially, if your travel is paid for by the U.S. Government (i.e. federal grants) you have to use a U.S. flag air carrier.

SOME GENERAL EXCEPTIONS TO THE FLY AMERICA ACT

A matter of necessity. It is determined that use of a foreign air carrier is a matter of necessity. How does one make that determination? 41 CFR 301-10.138 gives some guidance. Using a foreign air-carrier is deemed a necessity when service by a U.S. air-carrier is available, but cannot provide the air transportation needed or use of the U.S. air-carrier will not accomplish the agency’s mission. Some circumstances dictating a necessity are when an agency determines that use of a foreign air-carrier is necessary for medical reasons, or if use is required to avoid an unreasonable risk to a traveler’s safety (requires written approval by an agency on a case-by-case basis), or when a traveler can’t purchase a ticket in his/her authorized class of service on a U.S. air-carrier, but can purchase one in his/her authorized class on a foreign air-carrier.

Travel under a bilateral agreement. Transportation is provided under a bilateral or multilateral air transportation agreement between the U.S. and another country. The Secretary of Transportation has to have determined that the agreement meets the requirement of the Fly America Act.

No U.S. Air-Carrier Service on that Particular Leg. If there is no U.S. air-carrier that provides service on a certain leg of your flight, then you may use a foreign air carrier. But only to or from the nearest exchange point on a usually traveled route to connect with a U.S. air-carrier.

Involuntary Re-routing. You can use a foreign air-carrier if a U.S. air carrier involuntarily re-routes your travel and puts you on a foreign air carrier.

Saving a Substantial Amount of Time. You can use a foreign air carrier if service on the foreign air carrier would be three hours or less, AND use of a U.S. air-carrier would at least double your en route travel time.

Costs of Transportation Reimbursed by a Third Party. You may use a foreign air-carrier when the costs of your transportation are reimbursed in full by a third party, such as a foreign government or international agency.

LIABILITY FOR IMPROPERLY USING A FOREIGN AIR CARRIER

Under the current regulations, a traveler will not be reimbursed for any transportation cost for which the traveler improperly used a foreign air carrier service.

 For more information, visit:  http://www.usistf.org/download/RFP/Universal/Fly_America_Act.pdf