PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE

HOFFMAN BUILDING 1, ROOM 836

2461 EISENHOWER AVENUE, ALEXANDRIA, VA 22331-1300

PDTATAC/tlw 23 December 1998

MEMORANDUM FOR MILITARY ADVISORY PANEL

CIVILIAN ADVISORY PANEL

PER DIEM COMMITTEE EDITOR

SUBJECT: MAP Item 46-98(E)CAP Item 4-98(E) – Fly America Act

1. SYNOPSIS: The attached MAP/CAP item implements GSA changes made to the Fly America

Act.

2. It is requested that these revisions appear in printed change number 145 of the JFTR, and 399

of the JTR, effective 1 January 1999.

W. B. Tirrell, Sr.

Travel and Transportation Branch

Attachment:

Revision 5

Submitted to PDC Editor (LAN access): 12-23-98
MAP Item 46-98/CAP Item 44-98 Page 1 of 6

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JFTR Revisions:

U3125 COMMERCIAL AIR TRANSPORTATION

C. U.S. Flag Air Carrier (Certificated Air Carrier) Use.

1. Definition of U.S. For the purposes of this subpar., U.S. means the 50 states, District of

Columbia, territories, and possessions of the U.S. (49 U.S.C. §40102).

2. Requirements. Available U.S. flag air carriers shall be used for all commercial foreign air

transportation of persons/property when air travel is funded by the U.S. Government (49

U.S.C. §40118 and B-138942, March 31, 1981). Except as provided in subpar. 3, U.S. flag

air carrier service is available if:

a. the carrier performs the commercial foreign air transportation required, and

b. the service accomplishes the mission, even though:

(1) a comparable/different kind of service by a noncertificated air carrier costs less,

(2) noncertificated air carrier service is preferred by the service/traveler,

(3) noncertificated air carrier service is more convenient for the service/traveler, or

(4) the only U.S. flag air carrier service available between points in the U.S. and

points outside the U.S. requires boarding/leaving the carrier between midnight and 6

a.m., or travel spanning those hours (the traveler may have a brief non-work period

not to exceed 24 hours, for "acclimatization rest" at destination as well as per diem

during the rest period when the destination is other than the traveler’s PDS) (56

Comp. Gen 629(1977)).

3. Exceptions. When one of the following exceptions exists, U.S. flag air carrier service isn’t

available.

a. Transportation is provided under a bilateral/multilateral air transportation agreement to

which the U.S. Government and the government of a foreign country are parties, and

which the Department of Transportation has determined meets the requirements of the Fly

America Act.

b. No U.S. flag air carrier provides service on a particular leg of the route, in which case

foreign air carrier service may be used, but only to or from the nearest interchange point

on a usually traveled route to connect with U.S. flag air carrier service.
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c. A U.S. flag air carrier involuntarily reroutes a traveler’s travel on a foreign air carrier;

(if the traveler is given a choice as to substitute service, a U.S. flag air carrier should be

selected if it doesn’t unduly delay the travel) (59 Comp. Gen. 223 (1980)).

d. Foreign air carrier service would be three hours or less, and U.S. flag air carrier use

would at least double en route travel time.

e. Foreign air transportation is fully paid for directly, or later reimbursed by a foreign

government, an international agency, or other organization. (B-138942, March 31, 1981

and 57 Comp. Gen. 546 (1978)); NOTE: See Security Assistance Management Manual,

Chapter 2, par. 20202-C3e of the DoD 5105.38-M, when travel is on Security

Assistance Business.

f. If a U.S. flag air carrier offers nonstop/direct service (no aircraft change) from origin to

destination, U.S. flag air carrier service must be used unless such use would extend travel

time, including delay at origin, by 24 hours or more.

g. If a U.S. flag air carrier doesn’t offer nonstop/direct service (no aircraft change)

between origin and destination, U.S. flag air carrier must be used on every portion of the

route where it provides service unless, when compared to using a foreign air carrier, such

use would:

(1) increase the number of foreign OCONUS aircraft changes made by 2 or more; or

(2) extend travel time by at least 6 hours or more; or

(3) require a connecting time of 4 hours or more at a foreign OCONUS interchange

point.

h. The order-issuing official determines that a U.S. flag air carrier can’t provide the

needed air transportation, or can’t accomplish the mission.

i. Foreign air carrier use is necessary for medical reasons, (including use to reduce the

number of connections and possible delays when transporting persons needing medical

treatment).

j. Foreign air carrier use is required to avoid an unreasonable safety risk (e.g., terrorist

threats). NOTE: Approval based on an unreasonable safety risk must be in writing on

a case by case basis. Determination and authorization/approval of foreign air carrier

use based on a threat against a U.S. flag air carrier must be supported by a travel

advisory notice issued by the Federal Aviation Administration and the Department of

State. Determination and authorization/approval of foreign air carrier use based on a

threat against Government employees or other travelers must be supported by evidence

of the threat(s) that forms the basis of the determination and authorization/approval.
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k. Only first class accommodations can be furnished by a U.S. flag air carrier but less than

first class accommodations are available on a foreign air carrier (60 Comp. Gen. 34

(1980)).

l. The total delay, including delay in initiation of travel from a TDY point, in en route

travel and additional time at the TDY station before the traveler can proceed with assigned

duties, involves more than 48 hours per diem costs in excess of per diem that would be

incurred if noncertificated service was used (56 Comp. Gen. 216 (1977)).

m. The only U.S. flag air carrier service between foreign OCONUS points requires

boarding/leaving the carrier between the hours of midnight and 6 a.m., or travel spanning

those hours, and a noncertificated carrier is available which doesn't require travel at those

hours (the traveler may travel by noncertificated carrier to the nearest practicable

interchange point on a usually traveled route to connect with a U.S. flag air carrier) (56

Comp.Gen. 629 (1977)).

4. Nonavailability Documentation. When the order-issuing official determines U.S. flag air

carriers are unavailable, commercial foreign air transportation on a noncertificated air carrier

may be authorized/approved. Documentation explaining why U.S. flag air carrier service isn’t

available must be provided to the traveler. Endorsements on the travel orders and/or

Government travel procurement document, made in accordance with Service regulations, are

acceptable. The documentation should include the name of traveler, foreign flag vessel(s) or

air carrier(s) used, flight identification no(s), origin, destination and enroute points, date(s),

justification, and authorizing/approving official’s title, organization and signature.

5. Air Travel Schedule Selection.

a. General. Schedules maximizing U.S. flag air carrier use must be selected. Schedule

selection is made using the following guidelines:

(1) when U.S. flag air carrier service is available at the point of origin, schedules

providing service by a usually traveled route, between origin and destination, and

originating with a U.S. flag air carrier must be used;

(2) when U.S. flag air carrier service isn't available at origin or an interchange point,

noncertificated air carrier service should be used only from point of origin to the

nearest practicable interchange point on a usually traveled route, between origin and

destination, to connect with a U.S. flag air carrier;

(3) when schedule selection leaves the traveler at a location from which there is no

choice but to use noncertificated air between the U.S. and another continent, the travel

should be rerouted so that available U.S. flag air carriers are used.

b. Selecting a Schedule. The following example applies the guidelines shown in subpar. a.

when selecting a schedule.
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EXAMPLE:

Assuming there are no constraints on the departure or arrival time, a traveler requiring

transportation between Ankara, Turkey, and Stuttgart, Germany, can accomplish required

travel by any of the four schedules shown shown (schedules are for illustrative purposes

only and don't reflect actual airline schedules):

Schedule I

Monday/Tuesday/Thursday/Saturday/Sunday

City Time Air Carrier

Leave: Ankara 0830 Foreign

Arrive: Frankfurt 1210

Leave: Frankfurt 1325 Foreign

Arrive: Stuttgart 1410

Schedule II

Wednesday/Friday/Saturday

City Time Air Carrier

Leave: Ankara 0800 U.S.

Arrive: Rome 1100

Leave: Rome 1650 Foreign

Arrive: Stuttgart 1940

Schedule III

Wednesday/Friday/Saturday

City Time Air Carrier

Leave: Ankara 0800 U.S.

Arrive: Istanbul 0855

Leave: Istanbul 1430 U.S.

Arrive: Frankfurt 1620

Leave: Frankfurt 1650/2120 Foreign

Arrive: Stuttgart 1730/2200

Schedule IV

Daily (except Saturday)

City Time Air Carrier

Leave: Ankara 1130 Foreign

Arrive: Istanbul 1220

Leave: Istanbul 1430 U.S.

Arrive: Frankfurt 1620

Leave: Frankfurt 1650/2120 Foreign

Arrive: Stuttgart 1730/2200
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Under the guidelines in subpar. a, the example schedule choice is limited to schedules II

and III, because service is provided by a usually traveled route and originates with U.S.

flag air carrier service. Schedule III provides U.S. flag air service from Ankara via

Istanbul to Frankfurt, while U.S. flag air service is available under schedule II between

Ankara and Rome. Schedule III should be selected because it uses U.S. flag air service to

the farthest practical interchange point on a usually traveled route. If the schedules in this

example were limited to those shown in schedules I and IV, schedule IV would be selected

since it clearly involves more travel by U.S. flag air carriers than does schedule I (See 55

Comp. Gen. 1230 (1976)).

6. Reimbursement. There is no reimbursement (for any leg of the journey) for transportation

cost when unauthorized/unapproved foreign air carrier service is used. If U.S. flag air carrier

service is available for an entire trip and the traveler uses a foreign air carrier for any part or

all of the trip, the transportation cost on the foreign air carrier isn’t payable (41 CFR §301-

10.143).

U1010 IMPLEMENTATION

B. Implementation Regulations. Each Service, or Services jointly, should issue implementing

administrative and/or procedural directives for certain entitlements. The listing below cites

entitlements that do have implementing instructions provided by Service regulations. There may

be additional implementing instructions that aren't specifically cited below.

2. order endorsements related to foreign flag carriers (par. U3125-C4);

U3130 COMMERCIAL VESSEL TRANSPORTATION

F. U.S. Registry Vessel Use .

1. General. U.S. flag vessels shall be used except as provided in subpars. 2 and 3 (46 U.S.C.

§1241 (a)), and applies to all official travel and accompanied baggage transportation without

regard to the source of funds used to pay (57 Comp. Gen. 546 (1978)). When vessel

transportation is authorized/approved and a U.S. flag vessel can't provide the transportation

service required, transportation may be obtained aboard a foreign flag vessel although U.S.

flag vessels may be available (B-190575, May 1, 1978).

2. U.S. Flag Vessel Use Impractical. When U.S. flag vessels use would seriously interfere

with/prevent the performance of official business, the order-issuing official may

authorize/approve foreign flag vessel use. Documentation required by par. U3125-C4

explaining why U.S. flag vessel use is impracticable must be provided to the traveler to justify

transportation reimbursement. Order endorsements are acceptable.

3. U.S. Flag Vessel Unavailable. When U.S. flag vessels aren't available, the

transportation/other appropriate officer may authorize/approve foreign flag vessel use.

Documentation required by par. U3125-C4 is used explaining why U.S. flag vessels are
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unavailable, and must be provided to the traveler to justify transportation reimbursement.

Order endorsements are acceptable.

4. Determination Required. The authorizations/approvals referred to in subpars. 2 and 3

aren’t based on inconvenience in securing transportation on U.S. flag vessels, short delays in

awaiting transportation, arranging circuitous routes for traveler convenience, or similar

reasons.

T4060 AUTHORIZING OFFICIAL'S RESPONSIBILITIES

B. What's Allowable and Not Allowable.

1. Transportation.

d. Using American Flag Carriers. Available U.S. flag air carriers shall be used for all

commercial foreign air transportation of persons/property when air travel is funded by the

U.S. Government (49 U.S.C. §40118 and B-138942, March 31, 1981). See JFTR, par.

U3125-C and JTR, par. C2204-B.

JFTR, APPENDIX A ADDITIONS:

CERTIFICATED AIR CARRIER. See U.S. Flag Air Carrier.

U.S. FLAG AIR CARRIER. A U.S. flag air carrier that holds a certificate under 49 U.S.C.

§41102 and that is authorized either by the carrier's certificate or by exemption or regulation.

U.S. flag air carrier service also includes service provided under a code share agreement with a

foreign air carrier in accordance with Title 14, Code of Federal Regulations (CFR) when the

ticket, or documentation for an electronic ticket, identifies the U.S. flag air carrier's designator

code and flight number.
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JTR Revisions:

C2204 COMMERCIAL AIR TRANSPORTATION

B. U.S. Flag Air Carrier (Certificated Air Carrier) Use.

1. Definition of U.S. For the purposes of this subpar., U.S. means the 50 states, District of

Columbia, territories, and possessions of the U.S. (49 U.S.C. §40102).

2. Requirements. Available U.S. flag air carriers shall be used for all commercial foreign air

transportation of persons/property when air travel is funded by the U.S. Government (49

U.S.C. §40118 and B-138942, March 31, 1981). Except as provided in subpar. 3, U.S. flag

air carrier service is available if:

a. the carrier performs the commercial foreign air transportation required, and

b. the service accomplishes the mission, even though:

(1) a comparable/different kind of service by a noncertificated air carrier costs less,

(2) noncertificated air carrier service is preferred by the service/traveler,

(3) noncertificated air carrier service is more convenient for the service/traveler, or

(4) the only U.S. flag air carrier service available between points in the U.S. and

points outside the U.S. requires boarding/leaving the carrier between midnight and 6

a.m., or travel spanning those hours (the traveler may have a brief non-work period

not to exceed 24 hours, for "acclimatization rest" at destination as well as per diem

during the rest period when the destination is other than the traveler’s PDS) (56

Comp. Gen 629(1977)).

3. Exceptions. When one of the following exceptions exists, U.S. flag air carrier service isn’t

available.

a. Transportation is provided under a bilateral/multilateral air transportation agreement to

which the U.S. Government and the government of a foreign country are parties, and

which the Department of Transportation has determined meets the requirements of the Fly

America Act.

b. No U.S. flag air carrier provides service on a particular leg of the route, in which case

foreign air carrier service may be used, but only to or from the nearest interchange point

on a usually traveled route to connect with U.S. flag air carrier service.
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c. A U.S. flag air carrier involuntarily reroutes a traveler’s travel on a foreign air carrier;

(if the traveler is given a choice as to substitute service, a U.S. flag air carrier should be

selected if it doesn’t unduly delay the travel) (59 Comp. Gen. 223 (1980)).

d. Foreign air carrier service would be three hours or less, and U.S. flag air carrier use

would at least double en route travel time.

e. Foreign air transportation is fully paid for directly, or later reimbursed by a foreign

government, an international agency, or other organization. (B-138942, March 31, 1981

and 57 Comp. Gen. 546 (1978)); NOTE: See Security Assistance Management Manual,

Chapter 2, par. 20202-C3e of the DoD 5105.38-M, when travel is on Security

Assistance Business.

f. If a U.S. flag air carrier offers nonstop/direct service (no aircraft change) from origin to

destination, U.S. flag air carrier service must be used unless such use would extend travel

time, including delay at origin, by 24 hours or more.

g. If a U.S. flag air carrier doesn’t offer nonstop/direct service (no aircraft change)

between origin and destination, U.S. flag air carrier must be used on every portion of the

route where it provides service unless, when compared to using a foreign air carrier, such

use would:

(1) increase the number of foreign OCONUS aircraft changes made by 2 or more; or

(2) extend travel time by at least 6 hours or more; or

(3) require a connecting time of 4 hours or more at a foreign OCONUS interchange

point.

h. The order-issuing/authenticating official determines that a U.S. flag air carrier can’t

provide the needed air transportation, or can’t accomplish the mission.

i. Foreign air carrier use is necessary for medical reasons, (including use to reduce the

number of connections and possible delays when transporting persons needing medical

treatment).

j. Foreign air carrier use is required to avoid an unreasonable safety risk (e.g., terrorist

threats). NOTE: Approval based on an unreasonable safety risk must be in writing on

a case by case basis. Determination and authorization/approval of foreign air carrier

use based on a threat against a U.S. flag air carrier must be supported by a travel

advisory notice issued by the Federal Aviation Administration and the Department of

State. Determination and authorization/approval of foreign air carrier use based on a

threat against Government employees or other travelers must be supported by evidence

of the threat(s) that forms the basis of the determination and authorization/approval.
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k. Only first class accommodations can be furnished by a U.S. flag air carrier but less than

first class accommodations are available on a foreign air carrier (60 Comp. Gen. 34

(1980)).

l. The total delay, including delay in initiation of travel from a TDY point, in en route

travel and additional time at the TDY station before the traveler can proceed with assigned

duties, involves more than 48 hours per diem costs in excess of per diem that would be

incurred if noncertificated service was used (56 Comp. Gen. 216 (1977)).

m. The only U.S. flag air carrier service between foreign OCONUS points requires

boarding/leaving the carrier between the hours of midnight and 6 a.m., or travel spanning

those hours, and a noncertificated carrier is available which doesn't require travel at those

hours (the traveler may travel by noncertificated carrier to the nearest practicable

interchange point on a usually traveled route to connect with a U.S. flag air carrier) (56

Comp.Gen. 629 (1977)).

4. Nonavailability Documentation. When the order-issuing/authenticating official determines

U.S. flag air carriers are unavailable, commercial foreign air transportation on a

noncertificated air carrier may be authorized/approved. Documentation explaining why U.S.

flag air carrier service isn’t available must be provided to the traveler. Endorsements on the

travel orders and/or Government travel procurement document, made in accordance with

Service regulations, are acceptable. The documentation should include the name of traveler,

foreign flag vessel(s) or air carrier(s) used, flight identification no(s), origin, destination and

enroute points, date(s), justification, and authorizing/approving official’s title, organization

and signature.

5. Air Travel Schedule Selection.

a. General. Schedules maximizing U.S. flag air carrier use must be selected. Schedule

selection is made using the following guidelines:

(1) when U.S. flag air carrier service is available at the point of origin, schedules

providing service by a usually traveled route, between origin and destination, and

originating with a U.S. flag air carrier must be used;

(2) when U.S. flag air carrier service isn't available at origin or an interchange point,

noncertificated air carrier service should be used only from point of origin to the

nearest practicable interchange point on a usually traveled route, between origin and

destination, to connect with a U.S. flag air carrier;

(3) when schedule selection leaves the traveler at a location from which there is no

choice but to use noncertificated air between the U.S. and another continent, the travel

should be rerouted so that available U.S. flag air carriers are used.
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b. Selecting a Schedule. The following example applies the guidelines shown in subpar. a.

when selecting a schedule.

EXAMPLE:

Assuming there are no constraints on the departure or arrival time, a traveler requiring

transportation between Ankara, Turkey, and Stuttgart, Germany, can accomplish required

travel by any of the four schedules shown shown (schedules are for illustrative purposes

only and don't reflect actual airline schedules):

Schedule I

Monday/Tuesday/Thursday/Saturday/Sunday

City Time Air Carrier

Leave: Ankara 0830 Foreign

Arrive: Frankfurt 1210

Leave: Frankfurt 1325 Foreign

Arrive: Stuttgart 1410

Schedule II

Wednesday/Friday/Saturday

City Time Air Carrier

Leave: Ankara 0800 U.S.

Arrive: Rome 1100

Leave: Rome 1650 Foreign

Arrive: Stuttgart 1940

Schedule III

Wednesday/Friday/Saturday

City Time Air Carrier

Leave: Ankara 0800 U.S.

Arrive: Istanbul 0855

Leave: Istanbul 1430 U.S.

Arrive: Frankfurt 1620

Leave: Frankfurt 1650/2120 Foreign

Arrive: Stuttgart 1730/2200

Schedule IV

Daily (except Saturday)

City Time Air Carrier

Leave: Ankara 1130 Foreign

Arrive: Istanbul 1220

Leave: Istanbul 1430 U.S.

Arrive: Frankfurt 1620

Leave: Frankfurt 1650/2120 Foreign

Arrive: Stuttgart 1730/2200
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Under the guidelines in subpar. a, the example schedule choice is limited to schedules II

and III, because service is provided by a usually traveled route and originates with U.S.

flag air carrier service. Schedule III provides U.S. flag air service from Ankara via

Istanbul to Frankfurt, while U.S. flag air service is available under schedule II between

Ankara and Rome. Schedule III should be selected because it uses U.S. flag air service to

the farthest practical interchange point on a usually traveled route. If the schedules in this

example were limited to those shown in schedules I and IV, schedule IV would be selected

since it clearly involves more travel by U.S. flag air carriers than does schedule I (See 55

Comp. Gen. 1230 (1976)).

6. Reimbursement. There is no reimbursement (for any leg of the journey) for transportation

cost when unauthorized/unapproved foreign air carrier service is used. If U.S. flag air carrier

service is available for an entire trip and the traveler uses a foreign air carrier for any part or

all of the trip, the transportation cost on the foreign air carrier isn’t payable (41 CFR §301-

10.143).

C2156 PERMANENT DUTY TRAVEL INVOLVING OCEAN-GOING CAR FERRIES

When an employee is authorized to perform permanent duty travel ......Entitlement in such cases

will be as follows:

1. .....

2. .....

3. .....

4. .....

5. .....

Travel orders must specifically authorize the use of ocean-going car ferries. When foreign-flag

ocean car ferries are used, documentation required by par. C2204-B4 must be attached to the

reimbursement voucher.

C2205 ACCOMMODATIONS ON COMMERCIAL SHIPS

D. U.S. Vessel Registry Use.

1. General. U.S. flag vessels shall be used except as provided in subpars. 2 and 3 (46 U.S.C.

§1241 (a)), and applies to all official travel and accompanied baggage transportation without

regard to the source of funds used to pay (57 Comp. Gen. 546 (1978)). When vessel

transportation is authorized/approved and a U.S. flag vessel can't provide the transportation

service required, transportation may be obtained aboard a foreign flag vessel although U.S.

flag vessels may be available (B-190575, May 1, 1978).

2. U.S. Flag Vessel Use Impractical. When U.S. flag vessels use would seriously interfere

with/prevent the performance of official business, the order-issuing/authenticating official may
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authorize/approve foreign flag vessel use. Documentation required by par. C2204-B4

explaining why U.S. flag vessel use is impracticable must be provided to the traveler to justify

transportation reimbursement. Order endorsements are acceptable.

3. U.S. Flag Vessel Unavailable. When U.S. flag vessels aren't available, the

transportation/other appropriate officer may authorize/approve foreign flag vessel use.

Documentation required by par. C2204-B4 is used explaining why U.S. flag vessels are

unavailable, and must be provided to the traveler to justify transportation reimbursement.

Order endorsements are acceptable.

4. Determination Required. The authorizations/approvals referred to in subpars. 2 and 3

aren’t based on inconvenience in securing transportation on U.S. flag vessels, short delays in

awaiting transportation, arranging circuitous routes for traveler convenience, or similar

reasons.

C5100 COMPUTING REIMBURSEMENT FOR USE OF MODE OR ROUTE OTHER

THAN AUTHORIZED

E. Noncertificated Air Carrier Use. There is no reimbursement for any transportation cost when

unauthorized/unapproved foreign air carrier service is used. If U.S. flag air carrier service is

authorized/approved for an entire trip and the traveler improperly uses a foreign air carrier for any

part or all of the trip, the transportation cost on the foreign air carrier isn’t payable (41 CFR

§301-10.143).

C11006 METHOD OF SHIPMENT

B. Ocean-Going Car Ferries.

4. where foreign flag carriers are used, documentation required by par. C2204-B4 is attached

to the reimbursement voucher.

T4060 AUTHORIZING OFFICIAL'S RESPONSIBILITIES

B. What's Allowable and Not Allowable.

1. Transportation.

d. Using American Flag Carriers. Available U.S. flag air carriers shall be used for all

commercial foreign air transportation of persons/property when air travel is funded by the

U.S. Government (49 U.S.C. §40118 and B-138942, March 31, 1981). See JFTR, par.

U3125-C and JTR, par. C2204-B.
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JTR, APPENDIX A ADDITIONS:

CERTIFICATED AIR CARRIER. See U.S. Flag Air Carrier.

U.S. FLAG AIR CARRIER. A U.S. flag air carrier that holds a certificate under 49 U.S.C.

§41102 and that is authorized either by the carrier's certificate or by exemption or regulation.

U.S. flag air carrier service also includes service provided under a code share agreement with a

foreign air carrier in accordance with Title 14, Code of Federal Regulations (CFR) when the

ticket, or documentation for an electronic ticket, identifies the U.S. flag air carrier's designator

code and flight number.