Using Concur to book your travel will ensure that you comply with the Fly America Act. When booking your travel in Concur, you will be alerted when a flight is not in compliance. When creating your expense report, you will be prompted to select the exemption reasons for using non-U.S. Flag carriers.
The Fly America Act, 49 U.S.C. App. 1517 requires federal employees and their dependents, consultants, contractors, grantees, and others performing United States government-financed foreign air travel to use U.S. flag air carriers, such as American, United, Delta, etc., when available unless using a foreign air carrier is necessary.
Airfare reimbursements are not permitted on federal funds if Fly America Act regulations are not followed.
At Cornell, if you are traveling on federal funds, you must use U.S. Flag carriers – even when foreign carriers are cheaper or provide preferred routing, are more convenient, or are part of frequent‐flyer agreements such as Star Alliance, which do not infer U.S. carrier status on their members without using a Code Shared flight with a U.S. designator.
“Code Sharing,” a process by which a ticket may be issued by one airline but flown by another, requires that the ticketing airline be the U.S. carrier. The “carrier” is defined by the airline designator noted on the ticket. Examples:
When traveling to and from the U.S., a non‐U.S. carrier is allowed under any of the following circumstances. Lower cost is not an acceptable criterion for exception.
When traveling between points outside the U.S., a non‐U.S. carrier is allowed under any of the following circumstances:
In the Code of Federal Regulations, the following additional exceptions apply:
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 a non‐U.S. air carrier service is deemed a matter of necessity under any of the following circumstances:
International treaties referred to as Open Skies Agreements provide a limited exception to the Fly America Act. Except when the travel is funded by the U.S. Department of Defense, where an open skies agreement exists, you may use the foreign airline in the situations described in the treaty (generally between the U.S. and the airline’s country).
Open Skies Agreements that apply exist with:
Concur users do not have to complete the PDF form below because Concur provides an automated exemption certification process. These procedures only need to be followed for non-concur users.
For federally funded international travel that is not Fly America compliant, and you (or the traveler) are a non-Concur user (e.g., students, emeritus faculty, or non-employees), you must do the following: