47.402
Policy
Government-financed international air travel and transportation must use U.S.-flag air carriers when available, per the Fly America Act.
Overview
FAR 47.402 establishes the policy that all U.S. Government-financed international air travel and transportation of personal effects or property must be conducted using U.S.-flag air carriers, if such carriers are available. This requirement applies to federal employees, their dependents, consultants, contractors, grantees, and others whose travel or transportation is funded by the U.S. Government. The regulation implements the Fly America Act (49 U.S.C. 40118), which aims to support U.S. airlines and ensure government funds are used to benefit U.S. carriers whenever possible.
Key Rules
- Mandatory Use of U.S.-Flag Air Carriers
- All government-financed international air travel and transportation must use U.S.-flag air carriers if available.
- Applicability to Multiple Parties
- The rule covers federal employees, dependents, consultants, contractors, grantees, and others using government funds for international air travel or shipment.
Responsibilities
- Contracting Officers: Must ensure contracts include clauses requiring the use of U.S.-flag air carriers for applicable travel and shipments.
- Contractors: Must arrange international air travel and shipments using U.S.-flag carriers when available and document compliance.
- Agencies: Must oversee and enforce compliance with the Fly America Act requirements.
Practical Implications
- This policy ensures government funds support U.S. airlines and compliance is a frequent audit focus.
- Contractors must verify carrier eligibility and maintain documentation to avoid penalties or disallowance of costs.
- Common issues include misunderstanding "availability" and failing to use U.S.-flag carriers when required.