This quide provides a vital overview of the "Fly America Act" and its impact on Defense Agency personnel. It clarifies the mandatory use of U.S. flag air carriers, outlines the specific scenarios where exceptions are permitted, and details the documentation necessary to ensure reimbursement. Whether you are a traveler or an approving official, this guide ensures you stay compliant with federal travel regulations.
This lesson is a preview from Graduate School USA's Travel Regulations for Defense Agencies JTR (TDY only) course.
If you are a government employee or a defense agency traveler, hopping on just any flight isn't an option. When Uncle Sam is footing the bill, there are strict regulations governing which airlines you can fly. Understanding the requirements for using U.S. flag air carriers is critical to ensuring your travel expenses are reimbursed and you remain compliant with federal law.
This guide breaks down the essentials of the "Fly America Act" provisions, the specific exceptions that apply, and the documentation you need to navigate these regulations successfully.
The Importance of Flying U.S. Flag Air Carriers
The core rule is simple but mandatory: U.S. Government travelers must use a U.S. flag air carrier for all government-funded air travel. This requirement stems from the Fly America Act (49 U.S.C. 40118), which is designed to support the U.S. aviation industry.
A U.S. flag air carrier is an air carrier that holds a certificate under 49 U.S.C. 41102, but does not include a foreign air carrier operating under a permit. This means that for every leg of your journey, whether domestic or international, you generally must be on a plane that is operated by a U.S. carrier.
This rule applies even when:
- A foreign air carrier costs less.
- A foreign air carrier offers a preferred seating class.
- A foreign air carrier is more convenient for your personal schedule.
Compliance is not optional. If you book a foreign carrier without a valid, authorized exception, you may be personally liable for the cost of that ticket. The government cannot reimburse expenses for unauthorized transportation, meaning a simple booking mistake could cost you thousands of dollars.
What About Code Shares?
Code-sharing agreements can be confusing. A code share is when a U.S. carrier sells a seat on a flight operated by a foreign partner. To comply with regulations, the ticket must be issued using the U.S. flag air carrier’s designator code and flight number.
For example, if you are flying on a plane physically operated by Lufthansa but your ticket shows a United Airlines flight number (e.g., UA 1234), this generally counts as compliant. However, you must ensure the U.S. carrier’s code is the one listed on your ticket stock.
Permissible Exceptions to the Rule
While the rule is strict, the Joint Travel Regulations (JTR) acknowledge that using a U.S. carrier isn't always feasible. There are specific, authorized exceptions where you may use a foreign air carrier. However, convenience or cost savings are rarely sufficient justifications on their own.
1. Mission Requirements
An Authorizing/Approving Official (AO) can determine that a U.S. flag air carrier cannot provide the air transportation needed to accomplish the mission. This is a high bar and typically requires significant justification regarding why the U.S. carrier's schedule or route compromises the mission.
2. Medical Reasons
If a traveler needs medical attention that a U.S. carrier cannot accommodate, or if their physical safety is at risk, an exception may be granted. This must be well-documented and directly related to the health and safety of the traveler.
3. Gateway Airports and Elapsed Travel Time
There are technical exceptions based on travel time and availability:
- Unavailable Service: If a U.S. flag air carrier does not provide service on a leg of the route, you may use a foreign carrier for that specific leg.
- Travel Time Delays: For travel between the U.S. and another country, if using a U.S. carrier extends your travel time by 24 hours or more, you may use a foreign carrier.
- Connections: If a U.S. carrier involves a wait time of four hours or more at an overseas interchange point, an exception may apply.
4. The City Pair Program
While not an exception to the U.S. flag requirement itself, the GSA City Pair Program (CPP) offers deeply discounted, flexible fares for government travelers. These fares are negotiated with U.S. carriers. If a City Pair fare is available, you are generally required to use it unless a specific exception applies (like the flight being sold out).
Documentation Requirements
Navigating these regulations requires a paper trail. You cannot simply decide an exception applies; you must prove it.
If you use a non-U.S. flag air carrier, you must include a certification on your travel voucher justifying the use. This certification needs to state exactly which exception applies.
- AO Approval: Any exception based on mission requirements must be approved by the Authorizing/Approving Official (AO).
- Electronic Records: Most electronic travel systems (like DTS) will prompt you to select a reason code when you book a non-compliant flight. Ensure you select the accurate code that matches your situation.
- Retain Evidence: Keep copies of flight schedules showing that a U.S. carrier was not available or would have caused significant delays. If audited, this documentation will be your primary defense.
Final Thoughts
Travel regulations are complex, but they are manageable with the right knowledge. Always start your booking process by looking for U.S. flag air carriers or code-share partners. If you believe you qualify for an exception, verify it against the JTR guidelines and get approval from your AO before you fly. By understanding these rules, you protect yourself from financial liability and ensure your focus remains on the mission, not on your travel voucher.
