ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 40118Government-financed air transportation

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 851 words · no verdicts yet

in plain englishAI-generated · not legal advice

Government agencies must generally use U.S.-certificated airlines for government-paid air travel. Foreign airlines can be used only under qualifying international agreements or limited exceptions. Contracted airlines must report yearly on training and actions to detect human trafficking.

(a) Transportation by Air Carriers Holding Certificates. A federal department, agency, or arm of government must make sure passengers and cargo travel by air only on an airline holding a certificate under section 41102, when (1)(A) it's paying for the transportation itself (or from government funds) or (B) providing free transportation to a foreign country or international organization; (2) the transportation is allowed by the airline's certificate or by FAA regulation or exemption; and (3) a certificated airline is (A) available for U.S.-to-foreign trips, or (B) reasonably available for trips between two foreign places. (b) Transportation by Foreign Air Carriers. This rule doesn't stop using a foreign airline if a bilateral or multilateral agreement between the U.S. and that country's government allows it, and the agreement (1) matches the international-aviation-policy goals in section 40101(e) and (2) trades roughly equal rights or benefits. (c) Transportation of Certain Domestic Animals by Foreign Air Carriers. (1) This rule also doesn't stop using a foreign airline if (A) the traveler is a member of the Armed Forces or a Defense Department civilian employee, (B) their baggage includes 1 to 3 pet cats or dogs, (C) the trip is U.S.-to-foreign or foreign-to-foreign, and (D) no certificated airline is willing and able to carry them. (2) If this costs more than a certificated airline would have charged, the traveler pays the difference. (3) "Domestic animal" here means a domestic cat or domestic dog. (d) Proof. The Administrator of General Services must write rules letting agencies spend money on transportation that breaks this section's rules only when there's solid proof showing why it was necessary. (e) Certain Transportation by Air Outside the United States. Despite subsections (a) and (d), money appropriated to the Secretary of State or the USAID Administrator can pay a foreign airline to fly a State Department or agency officer or employee, their dependent, and baggage, between two foreign places. (f) Relationship to Other Laws. This section doesn't change how this part's antidiscrimination rules apply. (g) Prohibition of Certification or Contract Clause. (1) No contractor certification or contract clause can be required for a commercial-product transportation contract just to enforce this section. (2) "Commercial product" here has the meaning from section 103 of title 41, but doesn't cover contracts to fly passengers by air. (h) Training Requirements. The Administrator of General Services must make sure any domestic-airline air-transportation contract requires the airline to send an annual report — to GSA, the Transportation Secretary, the TSA Administrator, the Labor Secretary, and Customs and Border Protection — on (1) how many staff got trained to spot and report severe forms of trafficking in persons and sex trafficking, including training required under section 44734(a)(4); (2) how many tips about potential trafficking victims came from staff or passengers; and (3) whether the airline told the National Human Trafficking Hotline or local law enforcement about each such tip, and when.
the actual law source: uscode.house.gov ↗public domain
(a)Transportation by Air Carriers Holding Certificates.—

A department, agency, or instrumentality of the United States Government shall take necessary steps to ensure that the transportation of passengers and property by air is provided by an air carrier holding a certificate under section 41102 of this title if—

(1)

the department, agency, or instrumentality—

(A)

obtains the transportation for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government; or

(B)

provides the transportation to or for a foreign country or international or other organization without reimbursement;

(2)

the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and

(3)

the air carrier is—

(A)

available, if the transportation is between a place in the United States and a place outside the United States; or

(B)

reasonably available, if the transportation is between 2 places outside the United States.

(b)Transportation by Foreign Air Carriers.—

This section does not preclude the transportation of passengers and property by a foreign air carrier if the transportation is provided under a bilateral or multilateral air transportation agreement to which the Government and the government of a foreign country are parties if the agreement—

(1)

is consistent with the goals for international aviation policy of section 40101(e) of this title; and

(2)

provides for the exchange of rights or benefits of similar magnitude.

(c)Transportation of Certain Domestic Animals by Foreign Air Carriers.—
(1)In general.—

This section does not preclude the transportation of a passenger and the property of such passenger by a foreign air carrier if—

(A)

such passenger is a member of the Armed Forces or civilian employee of the Department of Defense;

(B)

such property includes at least 1 and not more than 3 domestic animals traveling with such passenger;

(C)

such transportation is—

(i)

between a place in the United States and a place outside the United States; or

(ii)

between 2 places outside the United States; and

(D)

no air carrier holding a certificate under section 41102 is willing and able to provide such transportation.

(2)Responsibility of individual to cover certain costs.—

If the cost for the transportation of a passenger and property under paragraph (1) exceeds the cost that would have been owed had such transportation been provided by an air carrier holding a certificate under section 41102, the passenger shall be responsible for paying the difference between such amounts.

(3)Domestic animal defined.—

In this section, the term “domestic animal” means a domestic cat (Felis catus) or a domestic dog (Canis familiaris).

(d)Proof.—

The Administrator of General Services shall prescribe regulations under which agencies may allow the expenditure of an appropriation for transportation in violation of this section only when satisfactory proof is presented showing the necessity for the transportation.

(e)Certain Transportation by Air Outside the United States.—

Notwithstanding subsections (a) and (d) of this section, any amount appropriated to the Secretary of State or the Administrator of the Agency for International Development may be used to pay for the transportation of an officer or employee of the Department of State or one of those agencies, a dependent of the officer or employee, and accompanying baggage, by a foreign air carrier when the transportation is between 2 places outside the United States.

(f)Relationship to Other Laws.—

This section does not affect the application of the antidiscrimination provisions of this part.

(g)Prohibition of Certification or Contract Clause.—
(1)

No certification by a contractor, and no contract clause, may be required in the case of a contract for the transportation of commercial products in order to implement a requirement in this section.

(2)

In paragraph (1), the term “commercial product” has the meaning given such term in section 103 of title 41, except that it shall not include a contract for the transportation by air of passengers.

(h)Training Requirements.—

The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a domestic carrier under this section requires that the contracting air carrier submits to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, the Secretary of Labor and the Commissioner of U.S. Customs and Border Protection an annual report regarding—

(1)

the number of personnel trained in the detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), including the training required under section 44734(a)(4);

(2)

the number of notifications of potential human trafficking victims received from staff or other passengers; and

(3)

whether the air carrier notified the National Human Trafficking Hotline or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking, and if so, when the notification was made.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1116; Pub. L. 103–355, title VIII, § 8301(h), Oct. 13, 1994, 108 Stat. 3398; Pub. L. 104–287, § 5(68), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 104–316, title I, § 127(d), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(h), title XIII, § 1335(p), title XIV, § 1422(b)(6), Oct. 21, 1998, 112 Stat. 2681–775, 2681–789, 2681–793; Pub. L. 108–176, title VIII, § 806, Dec. 12, 2003, 117 Stat. 2588; Pub. L. 111–350, § 5(o)(8), Jan. 4, 2011, 124 Stat. 3854; Pub. L. 115–232, div. A, title VIII, § 836(g)(9), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 115–425, title I, § 111(a), Jan. 8, 2019, 132 Stat. 5475; Pub. L. 118–63, title XI, § 1101(g), May 16, 2024, 138 Stat. 1413; Pub. L. 119–60, div. A, title III, § 377, Dec. 18, 2025, 139 Stat. 841.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1116
  • 1994Amended · Pub. L. 103-355 · 108 Stat. 3398
  • 1996Amended · Pub. L. 104-287 · 110 Stat. 3395
  • 1996Amended · Pub. L. 104-316 · 110 Stat. 3840
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2003Amended · Pub. L. 108-176 · 117 Stat. 2588
  • 2011Amended · Pub. L. 111-350 · 124 Stat. 3854
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1874
  • 2019Amended · Pub. L. 115-425 · 132 Stat. 5475
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1413
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 841

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case