Exceptions to the Fly America Act

The biggest exception to the Fly America Act is the Open Skies Agreement. Open Skies Agreement is a bilateral or multilateral air transport agreement between the U.S. Government and the government of a foreign country for which the Department of Transportation has determined that it meets the requirements of the Federal Aviation Administration (FAA).  

There are over 100 Open Skies Agreements, but only four meet the Fly America Act:

1. European Union, including Iceland and Norway
2. Australia
3. Switzerland
4. Japan

The United Kingdom is no longer part of the European Union (EU), so when flying to the U.K., Open Skies exceptions cannot be used. Travelers must use a U.S. Flag Carrier to travel from the U.S. to the U.K. and not a U.K. airline (e.g., British Airways), unless they use a different Fly America Act exception. Travelers may continue to use an EU agreement for travel from the U.S. to the U.K. as long as the flight stops in the EU prior to arrival in the U.S. or the U.K. 
 

Exceptions:

Travel to the EU, Norway, or Iceland

Researchers may fly on an EU airline when:

• Travel is NOT funded by U.S. DOD or U.S. military, AND 
• Flight touches down in an EU Country, Norway, or Iceland.

Travel to Australia

Researchers may fly on Australia airlines when:

• Travel is NOT funded by U.S. DOD or U.S. military, AND 
• Travelers using federal dollars may use an Australian airline only if a point-of-origin/destination is either the U.S. or Australia and there is no city-pair contract flight between the two points (origin and destination). If there is a city-pair contract flight, then a U.S. airline must be used.
  

Travel to Japan

Researchers may fly on Japan airlines when:

• Travel is NOT funded by U.S. DOD or U.S. military, AND 
• Travelers using federal dollars may use a Japanese airline only if a point-of-origin/destination is either the U.S. or Japan and there is no city-pair contract flight between the two points (origin and destination). If there is a city-pair contract flight, then a U.S. airline must be used.

Travel to Switzerland

Researchers may fly on Switzerland airlines when:

• Travel is NOT funded by U.S. DOD or U.S. military, AND 
• Travelers using federal dollars can use a Swiss airline only if a point-of-origin/destination is either the U.S. or Switzerland and there is no city-pair contract flight between the two points (origin and destination). If there is a city-pair contract flight, then a U.S. Airline must be used.

Before booking flights, check Airfares City-Pair Search (CPP Search Tool) to determine if a city-pair agreement is in effect. After entering departure and arrival cities, the search tool will either display the city-pair agreement fares or will report "Award not found for the given criteria," in which case the Open Skies Exemption Exception can be used.

Documentation of Exceptions

For any travel that is federally funded and not on a U.S. air carrier, principal investigators and departments or institutes must complete the Fly America Act Exception form and attach it to the Expense Reimbursement Request, travel authorization, or Pcard reconciliation along with all supporting documentation. It is the responsibility of PIs and departments or institutes to comply with the Fly America Act for federally funded travel.

Summary

• All travelers must ensure that the proposed travel is in accordance with the sponsor’s requirements.  When booking international travel, the principal investigator (PI) is responsible for complying with the Fly America Act. Before planning for international air travel related to a sponsored project, a PI must confirm the booking is compliant with the Fly America Act. 
• For exceptions, complete the Fly America Act Exception form. Exceptions should be documented and approved prior to travel. Attach the completed Exception form with the supporting documentation for the expense report in Chrome River.  
• Upon subsequent review, if non-compliance with the Fly America Act cannot be supported, the PI’s department will be requested to move the travel to a non-sponsored fund.
• The use of a foreign air carrier because of cost, convenience, or traveler preference is not acceptable nor justifiable in any instances.