Fly America Act

The Fly America Act refers to the provisions enacted by 49 U.S.C. § 40118.

International Air Transportation Fair Competitive Practices Act
Great Seal of the United States
Long titleAn act to amend the Federal Aviation Act of 1958 to deal with discriminatory and unfair competitive practices in international air transportation, and for other purposes.
Enacted bythe 93rd United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 93–623
Codification
Acts amendedFederal Aviation Act of 1958
Titles amended49 U.S.C.: Transportation
U.S.C. sections created49 U.S.C. § 40118
Legislative history
  • Introduced in the Senate as S. 3481 by Howard Cannon D‑NV on May 13, 1974
  • Passed the Senate on October 10, 1974 (72-2)
  • Passed the House on December 17, 1974 (221-54, in lieu of H.R. 14266 passed December 13, 1974)
  • Signed into law by President Gerald Ford on January 3, 1975

The Fly America Act is applicable to all travel funded by United States federal government funds and requires the use of "U.S. flag" airlines (not to be confused with flag carriers) with a few exceptions. These individuals include U.S. federal government employees, their dependents, consultants, contractors, grantees, and others.

The Fly America Act is incorporated into the Federal Acquisition Regulations (FAR) at Subpart 47.4—Air Transportation by U.S.‑Flag Carriers and is, therefore, applicable to all U.S. government contracts issued to U.S. and non‑U.S. companies, except for commercial item contractors, which are exempt from the act under Part 12.503 of the FAR.

The Fly America Act does not prohibit travel funded by civilian government agencies on carriers associated with nations that have a qualifying "bilateral or multilateral agreement" with the United States; however, travelers must complete a declaration that such an agreement exists. Although the United States has entered into more than 100 Open Skies agreements, only a few of them are considered qualifying "bilateral or multilateral agreement[s]"; they are the agreements with the European Union (including non‑EU members Norway and Iceland), Australia, Saudi Arabia,[1] Switzerland, and Japan.[2] A full list of Open Skies partners is available from the U.S. State Department.[3]

British owned airlines will no longer be part of the Fly America program after the United Kingdom left the European Union.[4]

See also

References
  1. "U.S.-Saudi Arabia Air Transport Agreement".
  2. GSA List of Open Skies Agreements relevant to the Fly America Act.
  3. U.S. State Department List of Open Skies Agreements.
  4. News: Financial Times Brexit Britain close to agreeing open skies deal with US
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