Travel
Services
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Fly
America Act
What does
United States mean? 301-10.131
For purposes of the use of United States flag air carriers,
United States means the 50 states, the District of Columbia,
and the territories and possessions of the United States (49
U.S.C. 40102).
Who is required
to use a U.S. flag air carrier? 301-10.132
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.
What is a U.S. flag air carrier?
301-10.133
An air carrier which holds a certificate under 49 U.S.C. 41102
but does not include a foreign air carrier operating under
a permit.
What is U.S. flag
air carrier service? 301-10.134
U.S. flag air carrier service is service provided on an air
carrier which holds a certificate under 49 U.S.C. 41102 and
which service is authorized either by the carrier’s
certificate or by exemption or regulation. U.S. flag air carrier
service also includes service provided under a code share
agreement with a foreign air carrier in accordance with Title
14, Code of Federal Regulations when the ticket, or documentation
for an electronic ticket, identifies the U.S. flag air carrier’s
designator code and flight number.
When
must I travel using U.S. flag air carrier service? 301-10.135
You are required by 49 U.S.C. 40118, commonly referred to
as the “Fly America Act,” to use 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; or
(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; or
(c) You are an officer or employee of the Department
of State, United States
Information Agency, United States International
Development Cooperation
Agency, or the Arms Control Disarmament Agency,
and your travel is
paid with funds appropriated to one of these agencies,
and your travel is
between two places outside the United States; or
(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; or
(e) A U.S. flag air carrier involuntarily reroutes
your travel on a foreign air carrier;
or
(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.
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What exceptions to the Fly America
Act requirements apply when I travel between the United States
and another country? 301-10.136
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; or
(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.
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What exceptions to the Fly America Act
requirements apply when I travel solely outside the United
States, and a U.S. flag air carrier provides service between
my origin and destination? 301-10.137
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.
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In what circumstances is foreign
air carrier service deemed a matter of necessity? 301-10.138
(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; or
(2) Will not accomplish
the agency’s mission.
(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 can not 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.
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May I travel by a foreign air carrier
if the cost of my ticket is less than traveling by a U.S.
flag air carrier? 301-10.139
No. Foreign air carrier service may not be used solely based
on the cost of your ticket.
May
I use a foreign air carrier if the service is preferred by
or more convenient for my agency or me? 301-10.140
No. You must use U.S. flag air carrier service, unless you
meet one of the exceptions in 301-10.135, 301-10.136, or 301-10.137;
or unless foreign air carrier service is deemed a matter of
necessity under 301-10.138.
Must
I provide any special certification or documents if I use
a foreign air carrier? 301-10.141
Yes, you must provide a certification, as required in section
301-10.142 and any other documents required by your agency.
Your agency cannot pay your foreign air carrier if you do
not provide the required certification.
What
must the certification include?
301-10.142
The certification must 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 your agency’s written
approval that foreign air carrier service was deemed
a matter of necessity
in accordance with 301-10.138.
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What is my liability if I improperly
use a foreign air carrier? 301-10.143
You will not be reimbursed for any transportation cost for
which you improperly use foreign air carrier service. If you
are authorized by your agency to use U.S. flag air carrier
service for your entire trip, and you improperly use a foreign
air carrier for any part of or the entire trip (i.e., when
not permitted under this regulation), your transportation
cost on the foreign air carrier will not be payable by your
agency. If your agency authorizes you to use U.S. flag air
carrier service for part of your trip and foreign air carrier
service for another part of your trip, and you improperly
use a foreign air carrier (i.e., when neither authorized to
do so nor otherwise permitted under this regulation), your
agency will pay the transportation cost on the foreign air
carrier for only the portion(s) of the trip for which you
were authorized to use foreign air carrier service. The agency
must establish internal procedures for denying reimbursement
to travelers when use of a foreign air carrier was neither
authorized nor otherwise permitted under this regulation.
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