What
is the
Fly America Act ?
The Fly America Act refers to the provisions enacted
by section 5 of the International Air Transportation Fair Competitive
Practices Act of 1974 (pub. L. 93-624, January 3, 1975), 40 U.S.C.
App. 1517, as amended by section 21 of the International Air Transportation
Competition Act of 1979 (Pub. L. 96-192, February 15, 1980), 94 Stat.
43
The Act (41 CFR 301) requires individuals using United States Federal
Government funds to limit themselves to U.S. airlines. However, 41
CFR Parts 301-3 section §301-10 allows those individuals to use
federal funding to fly on non-U.S. airlines under the following circumstances:
- A non-U.S. carrier provides service on a particular leg of the
route.
- Service on a non-U.S. air carrier would be three hours or less,
and use of the U.S. air carrier would at least double (six hours)
the travel time.
- When the U.S. air carrier only has seats in first and/or business
class, and economy class service is available from a non-U.S. air
carrier.
- When the traveler, while en route, has to wait six hours or more
to transfer to a U.S. air carrier to proceed to the intended destination.
- When use of a U.S. air carrier would extend travel time by at
least six hours more than travel by a non-U.S. flag carrier.
- When use of a U.S. air carrier would require two or more aircraft
changes at points abroad than use of a non-U.S. air carrier.
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