Fly America Act 49 U.S.C. 40118 Waiver Documentation for Government Officials
- Open Skies Agreements: Valid when specific bilateral transport agreements are active.
- Involuntary Rerouting: Foreign carrier usage forced by operational disruptions.
- Extended Travel Delays: Elapsed travel time extended by 24+ hours if restricted to U.S. flags.
Executive Summary
The Fly America Act (49 U.S.C. 40118) mandates that foreign air travel funded by Federal government resources must utilize U.S. flag air carriers holding certificates under 49 U.S.C. 41102. Proper waiver documentation under GSA Bulletin FTR 11-02 is essential to avoid disallowed contract costs.
Key Waiver Exceptions
Integration & Tools
Government travel offices and defense contractors should maintain a documented waiver-request workflow tied to each booking: capture the specific 49 U.S.C. 41102 certificate status of the carrier at time of booking, log which waiver exception (Open Skies, involuntary rerouting, or the 24-hour delay threshold) applies, and retain that documentation for the duration of the applicable federal audit window. GSA Bulletin FTR 11-02 compliance is materially easier to demonstrate after the fact when the waiver basis is recorded at booking time rather than reconstructed retroactively.
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