Use of U.S.-Flag Air Carriers Clause Samples

The "Use of U.S.-Flag Air Carriers" clause requires that air transportation funded by the U.S. government must be provided by airlines registered in the United States whenever such service is available. In practice, this means that when booking flights for official travel or shipping goods under a government contract, preference must be given to U.S.-flagged airlines, unless specific exceptions apply, such as unavailability or unreasonable delays. The core function of this clause is to support the U.S. airline industry and ensure compliance with federal regulations, while also providing clear guidelines for contractors and travelers on the selection of air carriers.
Use of U.S.-Flag Air Carriers. 1. In accordance with the Fly America Act (49 USC 40118), any air transportation to, from, between, or within a country other than the U.S. of persons or property, the expense of which will be assisted by NSF funding, must be performed by or under a code-sharing arrangement with a U.S.-flag air carrier if service provided by such a carrier is available (see Comptroller General Decision B-240956, dated September 25, 1991). Tickets (or documentation for electronic tickets) must identify the U.S. flag air carrier’s designator code and flight number. 2. For the purposes of this requirement, U.S.-flag air carrier service is considered available even though: (a) comparable or a different kind of service can be provided at less cost by a foreign-flag air carrier; (b) foreign-flag air carrier service is preferred by, or is more convenient for, NSF or traveler; or (c) service by a foreign-flag air carrier can be paid for in excess foreign currency. 3. The following rules apply unless their application would result in the first or last leg of travel from or to the U.S. being performed by a foreign-flag air carrier: (a) a U.S.-flag air carrier shall be used to destination or, in the absence of direct or through service, to the farthest interchange point on a usually traveled route. (b) if a U.S.-flag air carrier does not serve an origin or interchange point, a foreign-flag air carrier shall be used only to the nearest interchange point on a usually traveled route to connect with a U.S. flag air carrier.
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Use of U.S.-Flag Air Carriers. 1. The General Services Administration issued an amendment to the Federal Travel Regulations in the November 13, 1998 edition of the Federal Register Vol. 63, No. 219. The amendment relates to the use of U.S. flag air carriers under the provisions of 49 U.S.C. 40118, which is commonly referred to as the Fly America Act. 2. Any air transportation to, from, between, or within a country other than the U.S. of persons or property, the expense of which will be assisted by NSF funding, must be performed by or under a code-sharing arrangement with a U.S.-flag air carrier if service provided by such a carrier is available (see Comp Gen. Decision B-240956, dated September 25, 1991). Tickets (or documentation for electronic tickets) must identify the U.S. flag air carrier’s designator code and flight number. 3. For the purposes of this requirement, U.S.-flag air carrier service is considered available even though: (a) comparable or a different kind of service can be provided at less cost by a foreign-flag air carrier; (b) foreign-flag air carrier service is preferred by, or is more convenient for, NSF or traveler; or (c) service by a foreign-flag air carrier can be paid for in excess foreign currency. 4. The following rules apply unless their application would result in the first or last leg of travel from or to the U.S. being performed by a foreign-flag air carrier: (a) a U.S.-flag air carrier shall be used to destination or, in the absence of direct or through service, to the farthest interchange point on a usually traveled route. (b) if a U.S.-flag air carrier does not serve an origin or interchange point, a foreign-flag air carrier shall be used only to the nearest interchange point on a usually traveled route to connect with a U.S. flag air carrier. (c) a U.S.-flag air carrier involuntarily reroutes the traveler via a foreign-flag air carrier, the foreign-flag air carrier may be used notwithstanding the availability of alternative U.S.-flag air carrier service.
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Use of U.S.-Flag Air Carriers. 1. In accordance with the Fly America Act (49 USC 40118), any air transportation to, from, between, or within a country other than the US of persons or property, the expense of which will be assisted by NSF funding, must be performed by or under a code-sharing arrangement with a US-flag air carrier if service provided by such a carrier is available (see Comptroller General Decision B-240956, dated September 25, 1991). Tickets (or documentation for electronic tickets) must identify the US flag air carrier’s designator code and flight number. 2. For the purposes of this requirement, US-flag air carrier service is considered available even though: (a) comparable or a different kind of service can be provided at less cost by a foreign-flag air carrier; (b) foreign-flag air carrier service is preferred by, or is more convenient for, NSF or traveler; or (c) service by a foreign-flag air carrier can be paid for in excess foreign currency. 3. The following rules apply unless their application would result in the first or last leg of travel from or to the US being performed by a foreign-flag air carrier: (a) a US-flag air carrier shall be used to destination or, in the absence of direct or through service, to the farthest interchange point on a usually traveled route. (b) if a US-flag air carrier does not serve an origin or interchange point, a foreign-flag air carrier shall be used only to the nearest interchange point on a usually traveled route to connect with a US flag air carrier.
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Use of U.S.-Flag Air Carriers. Any air transportation to, from, between or within a country other than the U.S. of persons or property, the expense of which will be paid in whole or in part by U.S. Government funding, must be performed by, or under a code-sharing arrangement with, a U.S. flag air carrier if service provided by such a carrier is "available" (49 U.S.C. 40118, commonly referred to as the Fly America Act). Tickets (or documentation for electronic tickets) must identify the U.S. flag air carrier's designator code and flight number. See the Federal Travel Regulation §301-10.131 - §301-10.143 for definitions, exceptions, and documentation requirements. (See also Comp. Gen. Decision B-240956, dated September 25, 1991.)
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