[Federal Register: June 21, 2004 (Volume 69, Number 118)]
[Rules and Regulations]               
[Page 34302-34309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn04-11]                         

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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-37, 300-3, 301-10, 301-70

FTR Amendment 2004-02; FTR Case 2003-307
RIN 3090-AH90

 
Federal Travel Regulation; Use of Government Aircraft

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is revising the 
Federal Property Management Regulations (FPMR) by moving coverage 
related to travel on Government aircraft that has been in 41 CFR part 
101-37 into the Federal Travel Regulation (FTR). A cross reference is 
added to the FPMR to direct readers to the coverage in the FTR. This 
final rule amends the Federal Travel Regulation (FTR) to provide policy 
for the use of Government aircraft for travel when necessary for the 
accomplishment of agency business.

DATES: Effective Date: This final rule is effective September 20, 2004.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC, 20405, (202) 208-7312, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Jim Harte, Office of Governmentwide Policy, Travel 
Management Policy, at (202) 501-0483 or email at jim.harte@gsa.gov. 
Please cite FTR case 2003-307, FTR Amendment 2004-02.

SUPPLEMENTARY INFORMATION:

A. Background

    The General Services Administration (GSA) is in the process of 
revising the Federal Property Management Regulations (FPMR) and 
transferring most of the content into a new, streamlined Federal 
Management Regulation (FMR). Part 101-37 of the FPMR (41 CFR part 101-
37) contained rules for both the management of Government aircraft and 
the management of travel on Government aircraft.
    The rules in 41 CFR part 101-37 that pertained to Government 
aircraft management were transferred to the Federal Management 
Regulation (FMR) as part 102-33 (41 CFR part 102-33) on November 6, 
2002 (67 FR 67742) and a cross-reference was added to 41 CFR part 101-
37.
    This final rule moves the remaining rules in 41 CFR part 101-37, 
those pertaining to management of travel on Government aircraft, to the 
Federal Travel Regulation (FTR)(41 CFR chapters 300-304). It also 
amends part 101-37 by providing a cross-reference to both the FMR and 
the FTR.
    The rules pertaining to Government aircraft are based on direction 
contained in Office of Management and Budget (OMB) Circular A-126, 
``Improving the Management and Use of Government Aircraft,`` revised 
May 1992. OMB Circular A-126 directs the Department of Defense (DoD) 
(and the military services) and the Department of State to publish 
rules regulating travel on Government aircraft by uniformed military 
members and by members of the foreign service, respectively. OMB 
Circular A-126 also directs GSA to publish in the FTR the rules for 
civilian employees who travel on Government aircraft. In compliance 
with this direction, GSA has developed these new provisions of the FTR 
in plain language, question-and-answer format to clarify and simplify 
the content.
    In correspondence dated January 13, 2002, OMB states that they 
expect ``agencies to treat their contractors like employees with regard 
to being passengers on Federal aircraft...'' even though OMB Circular 
A-126 does not state this policy explicitly. In line with OMB's intent, 
the rules and definitions

[[Page 34303]]

in revised FTR parts 300-3, 301-10, and 301-70 treat employees and 
Government contractors similarly.

B. Executive Order 12866

    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for notice and comment; therefore, the Regulatory Flexibility 
Act, 5 U.S.C. 601, et seq., does not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FTR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is also exempt from congressional review prescribed 
under 5 U.S.C. 801 since it relates solely to agency management and 
personnel.

List of Subjects in 41 CFR Parts 101-37, 300-3, 301-10, 301-70

    Government employees, Travel and transportation expenses.

    Dated: June 1, 2004.
Stephen A. Perry,
Administrator of General Services.

0
For the reasons set forth in the preamble, under 5 U.S.C. 5701-5710, 
GSA amends 41 CFR parts 101-37, 300-3, 301-10, 301-70 as set forth 
below:

CHAPTER 101--[AMENDED]

0
1. Revise part 101-37 to read as follows:

PART 101-37--GOVERNMENT AVIATION ADMINISTRATION AND COORDINATION

    Authority: 40 U.S.C. 121(c); the Budget and Accounting Act of 
1921, as amended; the Budget and Accounting Procedures Act of 1950, 
as amended; Reorganization Plan No. 2 of 1970; Executive Order 
11541; OMB Bulletin No. 93-11 (April 19, 1993) and OMB Circular No. 
A-126 (Revised May 22, 1992).


Sec.  101-37.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, part 102-33 and the Federal Travel 
Regulation (FTR) (41 CFR chapters 300-304, parts 300-3, 301-10, and 
301-70)).

    (a) For information on Government aviation administration and 
coordination, previously contained in subparts 101-37.1, 101-37.2, 101-
37.3, and 101-37.5 through 101-37.14, see FMR part 102-33, Management 
of Government Aircraft (41 CFR part 102-33).
    (b) For information on travel on Government aircraft previously 
contained in subparts 101-37.1 and 101-37.4, see 41 CFR parts 300-3, 
301-10, and 301-70 of the Federal Travel Regulation (FTR).

CHAPTER 300-GENERAL

PART 300-3--GLOSSARY OF TERMS

0
2. The authority citation for part 300-3 is revised to read as follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5 
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 
E.O. 11609; 36 FR 13747; 3 CFR, 1971-1975 Comp., p. 586, Office of 
Management and Budget Circular No. A-126, ``Improving the Management 
and Use of Government Aircraft.'' Revised May 22, 1992
0
3. Amend Sec.  300-3.1 by adding in alphabetical order, the terms and 
definitions ``Aircraft management office,'' ``Commercial Aviation 
Services,'' ``Crewmember,'' ``Executive agency,'' ``Federal traveler,'' 
``Full coach fare,'' ``Non-Federal traveler,'' ``Passenger,'' 
``Qualified non-crewmember,'' ``Required use travel,'' ``Senior Federal 
official,'' ``Space available travel,'' and revising the definition of 
``Government aircraft'' to read as follows:


Sec.  300-3.1  What do the following terms mean?

* * * * *
    Aircraft management office--An agency component that has management 
control of Federal aircraft used by the agency or of aircraft hired as 
commercial aviation services (CAS).
* * * * *
    Commercial Aviation Services (CAS)--Commercial aviation services 
(CAS) include, for the exclusive use of an executive agency--
    (1) Leased aircraft;
    (2) Chartered or rented aircraft;
    (3) Commercial contracts for full aviation services (i.e., aircraft 
plus related aviation services) or acquisition of full services through 
inter-service support agreements (ISSA) with other agencies; or
    (4) Related services (i.e., services but not aircraft) obtained by 
commercial contract or ISSA, except those services acquired to support 
Federal aircraft.
* * * * *
    Crewmember--A person assigned to operate or assist in operating an 
aircraft. Performs duties directly related to the operation of the 
aircraft (e.g., as pilots, co-pilots, flight engineers, navigators) or 
duties assisting in operation of the aircraft (e.g., as flight 
directors, crew chiefs, electronics technicians, mechanics). If a 
crewmember is onboard for the purpose of travel, (i.e., being 
transported from point to point) he/she must be authorized to travel in 
accordance with rules in 41 CFR 301-10.260 through 301-10.266 and 41 
CFR 301-70.800 through 301-70.903.
* * * * *
    Executive agency--An entity of the executive branch that is an 
``executive agency'' as defined in section 105 of title 5 U.S.C.
* * * * *
    Federal traveler--For the purposes of 41 CFR 301-10.260-266 and 
301-70.800-910, a person who travels on a Government aircraft and who 
is either--
    (1) A civilian employee in the Government service;
    (2) A member of the uniformed or foreign services of the United 
States Government; or
    (3) A contractor working under a contract with an executive agency.
* * * * *
    Full coach fare--The price of a coach fare available to the general 
public on a scheduled air carrier between the day that the travel was 
planned and the day the travel occurred.
* * * * *
    Government aircraft--An aircraft that is operated for the exclusive 
use of an executive agency and is a--
    (a) Federal aircraft, which an executive agency owns (i.e., holds 
title to) or borrows for any length of time under a bailment or 
equivalent loan agreement. See 41 CFR 102-33.20 for definition of all 
terms related to Federal aircraft, or
    (b) Commercial aircraft hired as commercial aviation services 
(CAS), which an executive agency--
    (1) Leases or lease-purchases with the intent to take title,
    (2) Charters or rents, or
    (3) Hires as part of a full-service contract or inter-service 
support agreement (ISSA).
* * * * *
    Non-Federal traveler--For the purposes of 41 CFR 301-10.260 through 
301-10.266 and 41 CFR 301-70.800

[[Page 34304]]

through 301-70.910, an individual who travels on a Government aircraft, 
but is not a Federal traveler. Dependents and other family members of 
Federal travelers who travel on Government aircraft are considered to 
be non-Federal travelers within this regulation.
* * * * *
    Passenger--In relation to use of Government aircraft, a passenger 
is any person who flies onboard a Government aircraft, but who is not a 
crewmember or qualified non-crewmember.
* * * * *
    Qualified non-crewmember--A person flying onboard a Government 
aircraft whose skills or expertise are required to perform or are 
associated with performing the non-travel related Governmental function 
for which the aircraft is being operated (qualified non-crewmembers may 
be researchers, law enforcement agents, firefighters, agricultural 
engineers, biologists, etc.). If a qualified non-crewmember is onboard 
for the purpose of travel (i.e., being transported from point to point) 
in addition to performing his/her duties related to the non-travel 
related Governmental function for which the aircraft is being operated 
(e.g., when a scientist conducts an experiment at the same time he/she 
is also on the aircraft for the purpose of traveling from point to 
point), he/she must be authorized to travel in accordance with rules in 
41 CFR parts 301-10 and 301-70.
    Required use travel--Travel by Federal travelers that requires use 
of a Government aircraft to meet bona fide communications needs (e.g., 
24-hour secure communications), security requirements (e.g., highly 
unusual circumstances that present a clear and present danger), or 
exceptional scheduling requirements (e.g., a national emergency or 
other compelling operational considerations) of an executive agency. 
Required use travel must be approved according to Sec.  301-10.262(a) 
and Sec.  301-70.803(a) of this title.
    Senior Federal official--An individual who is paid according to the 
Executive Schedule established by 5 U.S.C. 53, Subchapter II, including 
Presidential appointees who are confirmed by the Senate; employed in 
the U.S. Government's Senior Executive Service or an equivalent 
``senior'' service; who is a civilian employee of the Executive Office 
of the President; who is appointed by the President to a position under 
section 105(a)(2)(A), (B), or (C) of title 3 U.S.C. or by the Vice 
President to a position under section 106(a)(1)(A), (B), or (C) of 
title 3 U.S.C; or who is a contractor working under a contract with an 
executive agency, is paid at a rate equal to or more than the minimum 
rate for the Senior Executive Service, and has senior executive 
responsibilities. The term senior Federal official, as used in the 
Federal Travel Regulation does not mean an active duty military 
officer.
    Space available travel--Travel in space available on a Government 
aircraft that is already scheduled for an official purpose.
* * * * *

CHAPTER 301-TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES

PART 301-10--TRANSPORTATION EXPENSES

0
4. The authority citation for 41 CFR part 301-10 is revised to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118, 
Office of Management and Budget Circular No.A-126, ``Improving the 
Management and Use of Government Aircraft.'' Revised May 22, 1992
0
5. Revise the center heading above Sec.  301-10.260 that reads 
``Government Aircraft'' to read ``Travel on Government Aircraft.''
0
6. Revise Sec. Sec.  301-10.260 through 301-10.262 and add new 
Sec. Sec.  301-10.263 through 301-10.266 to read as follows:


Sec.  301-10.260  May I use a Government aircraft for travel?

    You may use Government aircraft for travel only if you have 
authorization from an executive agency under the rules specified in 
this part (except with regard to travel under Sec.  301-70.808 and 
Sec.  301-70.910). Because the taxpayers should pay no more than 
necessary for your transportation, generally you may travel on 
Government aircraft only when a Government aircraft is the most cost-
effective mode of travel.


Sec.  301-10.261  When may I use a Government aircraft for travel?

    You may use Government aircraft--
    (a) For official travel only when--
    (1) No scheduled commercial airline service is reasonably available 
(i.e., able to meet your departure and/or arrival requirements within a 
24-hour period, unless you demonstrate that extraordinary circumstances 
require a shorter period) to fulfill your agency's travel requirement; 
or
    (2) The cost of using a Government aircraft is less than the cost 
of the city-pair fare for scheduled commercial airline service or the 
cost of the lowest available full coach fare if a city-pair fare is not 
available to you. The cost of non-productive or lost work time while in 
travel status and certain other costs should be considered when 
comparing the cost of using a Government aircraft in lieu of scheduled 
commercial airline service. Additional information on costs included in 
this cost comparison may be found in the ``U.S. Government Aircraft 
Cost Accounting Guide,'' available from the General Services 
Administration, Office of Governmentwide Policy, MTA, 1800 F Street, 
N.W., Washington, DC 20405.
    (b) For required-use travel only when you are required to use 
Government aircraft for bona fide communications (e.g., 24-hour secure 
communications) or security reasons (e.g., highly unusual circumstances 
that present a clear and present danger) or exceptional scheduling 
requirements (e.g., a national emergency or other compelling 
operational considerations). Required use travel may include travel for 
official, personal, or political purposes, but must be approved in 
accordance with Sec.  301-10.262(a) and Sec.  301-70.803(a).
    (c) For space available travel only when--
    (1) The aircraft is already scheduled for use for an official 
purpose, and your use of the aircraft does not require a larger 
aircraft or result in more than minor additional cost to the 
Government; or
    (2) You are a Federal traveler or a dependent of a Federal traveler 
stationed by the Government in a remote location not accessible to 
commercial airline service and authorized to use Government aircraft; 
or
    (3) You are authorized to travel on a space available basis under 
10 U.S.C. 4744 and regulations implementing that statute.


Sec.  301-10.262  How will my agency authorize travel on Government 
aircraft?

    Your agency will authorize your travel on Government aircraft as 
follows:
    (a) Required use travelers. Your agency's senior legal official or 
his/her principal deputy must authorize your required-use travel on a 
trip-by-trip basis, in advance, in writing, and in compliance with the 
agency's written policies describing the special circumstances under 
which the agency will require a traveler to use Government aircraft, 
unless--
    (1) You are an agency head and the President has determined that 
all your travel (or your travel in specified categories) qualifies as 
required-use travel; or
    (2) You are not an agency head, and your agency head has determined 
in writing that all of your travel, or your travel in specified 
categories, qualifies as required-use travel. Such written

[[Page 34305]]

explanation must state the specific basis for the determination.

    Note to Sec.  301-10.262(a): In an emergency situation, prior 
verbal approval for required-use travel with an after-the-fact 
written authorization is permitted.

    (b) Senior Federal officials. If you are a senior Federal official, 
your agency's senior legal official or his/her principal deputy must 
authorize all your travel on Government aircraft in advance and in 
writing, except for required use travel authorized under paragraphs 
(a)(1) and (a)(2) of this section. In an emergency situation, prior 
verbal approval with an after-the-fact written authorization by your 
agency's senior legal official is permitted. Senior Federal officials 
who are crewmembers or qualified non-crewmembers on a flight in which 
they are also traveling (i.e., being transported from point to point) 
are considered travelers and must be authorized to travel on Government 
aircraft according to this paragraph.
    (c) Non-Federal travelers. If you are a non-Federal traveler, the 
senior legal official or his/her principal deputy in the agency 
sponsoring your travel must authorize you to fly on Government aircraft 
in advance and in writing. In an emergency situation, prior verbal 
approval with an after-the-fact written authorization by your 
sponsoring agency's senior legal official is permitted.
    (d) All other Federal travelers. Your designated travel-approving 
official (or anyone to whom he/she delegates this authority), who must 
be at least one organizational level above you, must authorize your 
travel on Government aircraft, in advance and in writing. Prior verbal 
approval with an after-the-fact written authorization by your agency's 
designated travel approving official is permitted in an emergency 
situation. If you hold a blanket travel authorization for official 
travel that authorizes travel on Government aircraft, it must define 
the circumstances that must be met for using Government aircraft and 
must comply with this regulation and any additional agency policies. 
Travel on Government aircraft that does not meet the circumstances 
specified in the blanket travel authorization must be authorized on a 
trip-by-trip basis in accordance with this regulation and other 
applicable agency policies. Check with your designated travel approving 
official for information on your agency's policy.


Sec.  301-10.263  What travel authorization documents must I present to 
the aircraft management office that operates the Government aircraft?

    You must present to the aircraft management office that operates 
the Government aircraft--
    (a) A copy of your written travel authorization, including a 
blanket travel authorization, if applicable, approved in accordance 
with Sec.  301-10.262; and
    (b) Valid picture identification, such as a Government 
identification card or a state-issued driver's license.


Sec.  301-10.264  What amount must the Government be reimbursed for 
travel on Government aircraft?

    (a) No reimbursement is required for official travel on a 
Government aircraft.
    (b) For personal travel on Government aircraft, reimbursement 
depends upon which of the following special cases applies:
    (1) For any required use travel, you must reimburse the Government 
for the excess of the full coach fare for all flights taken over the 
full coach fare for the flights that you would have taken had you not 
engaged in personal activities during the trip, i.e., for a wholly 
personal trip, you must pay the full coach fare for the entire trip;
    (2) For travel authorized under 10 U.S.C. 4744 and regulations 
implementing that statute, or when you or your dependents are stationed 
by the Government in a remote location with no access to regularly 
scheduled commercial airline service and are authorized to use 
Government aircraft, you do not have to reimburse the Government.
    (c) For political travel on a Government aircraft (i.e., for any 
trip or part of a trip during which you engage in political 
activities), the Government must be reimbursed the excess of the full 
coach fare for all flights taken on the trip over the full coach fare 
for the flights that you would have taken had you not engaged in 
political activities, except if other law or regulation specifies a 
different amount (see, e.g., 11 CFR 106.3, ``Allocation of Expenses 
between Campaign and Non-campaign Related Travel''), in which case the 
amount reimbursed is the amount required by such law or regulation.

    Note to Sec.  301-10.264: Except for required use travel, any 
use of Government aircraft for personal or political activities 
shall not cause an increase in the actual costs to the Government of 
operating the aircraft.

Sec.  301-10.265  Will my travel on Government aircraft be reported?

    Your travel on Government aircraft will not be reported unless you 
are a senior Federal official, or a non-Federal traveler. (Travel under 
10 U.S.C. 6744 is not reported.) If you are a senior Federal official 
or a non-Federal traveler, any use you make of Government aircraft, 
i.e., as a passenger, crewmember, or qualified non-crewmember, will be 
reported to the General Services Administration (GSA) by the agency 
that owns or hires the Government aircraft. (Agencies must maintain 
information on classified trips, but do not report classified trips to 
GSA.)


Sec.  301-10.266  Is information available to the public about travel 
on Government aircraft by senior Federal officials and non-Federal 
travelers?

    Yes, an agency that authorizes travel on Government aircraft and an 
agency that owns or hires Government aircraft must make records about 
travelers on those aircraft available to the public in response to 
written requests under the Freedom of Information Act (5 U.S.C. 552), 
except for portions exempt from disclosure under that Act (such as 
classified information).

PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS

0
7. The authority citation for 41 CFR part 301-70 is revised to read as 
follows:

    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note), Office of Management and 
Budget Circular No. A-126, ``Improving the Management and Use of 
Government Aircraft.'' Revised May 22, 1992

0
8. Amend Part 301-70 by adding subparts I and J to read as follows:
* * * * *
Subpart I--Policies and Procedures for Agencies that Authorize Travel 
on Government Aircraft
Sec.
301-70.800 Whom may we authorize to travel on Government aircraft?
301-70.801 When may we authorize travel on Government aircraft?
301-70.802 Must we ensure that travel on Government aircraft is the 
most cost-effective alternative?
301-70.803 How must we authorize travel on a Government aircraft?
301-70.804 What amount must the Government be reimbursed for travel 
on a Government aircraft?
301-70.805 Must we include special information on a travel 
authorization for a senior Federal official or a non-Federal 
traveler who travels on Government aircraft?
301-70.806 What documentation must we retain for travel on 
Government aircraft?
301-70.807 Must we make information available to the public about 
travel by senior Federal officials and non-Federal travelers on 
Government aircraft?
301-70.808 Do the rules in this part apply to travel on Government 
aircraft by the

[[Page 34306]]

President and Vice President or by individuals traveling in support 
of the President and Vice President?
Subpart J--Policies and Procedures for Agencies that Own or Hire 
Government Aircraft for Travel
301-70.900 May we use our Government aircraft to carry passengers?
301-70.901 Who may approve use of our Government aircraft to carry 
passengers?
301-70.902 Do we have any special responsibilities related to space 
available travel on our Government aircraft?
301-70.903 What are our responsibilities for ensuring that 
Government aircraft are the most cost-effective alternative for 
travel?
301-70.904 Must travelers whom we carry on Government aircraft be 
authorized to travel?
301-70.905 What documentation must we retain for travel on our 
Government aircraft?
301-70.906 Must we report use of our Government aircraft to carry 
senior Federal officials and non-Federal travelers?
301-70.907 What information must we report on the use of Government 
aircraft to carry senior Federal officials and non-Federal travelers 
and when must it be reported?
301-70.908 Must we make information available to the public about 
travel by senior Federal officials and non-Federal travelers on 
Government aircraft?
301-70.909 What disclosure information must we give to anyone who 
flies on our Government aircraft?
301-70.910 Do the rules in this part apply to travel on Government 
aircraft by the President and Vice President or by individuals 
traveling in support of the President and Vice President?

Subpart I--Policies and Procedures for Agencies that Authorize 
Travel on Government Aircraft


Sec.  301-70.800  Whom may we authorize to travel on Government 
aircraft?

    You may authorize Federal travelers, non-Federal travelers, and any 
other passengers, as defined in part 300-3 of this subtitle, to travel 
on Government aircraft, subject to the rules in this subpart. Because 
the taxpayers generally should pay no more than necessary for 
transportation of travelers, except for required use travel, you may 
authorize travel on Government aircraft only when a Government aircraft 
is the most cost-effective mode of travel and the traveler is traveling 
for Governmental purposes.


Sec.  301-70.801  When may we authorize travel on Government aircraft?

    You may authorize travel on Government aircraft only as follows:
    (a) For official travel when--
    (1) No scheduled commercial airline service is reasonably available 
to fulfill your agency's travel requirement (i.e., able to meet the 
traveler's departure and/or arrival requirements within a 24-hour 
period, unless you demonstrate that extraordinary circumstances require 
a shorter period); or
    (2) The cost of using a Government aircraft is not more than the 
cost of the city-pair fare for scheduled commercial airline service or 
the cost of the lowest available full coach fare if a city-pair fare is 
not available to the traveler.
    (b) For required-use travel, i.e., when the traveler is authorized 
to use Government aircraft because of bona fide communications needs 
(e.g., 24-hour secure communications are required) or security reasons 
(e.g., highly unusual circumstances that present a clear and present 
danger to the traveler) or exceptional scheduling requirements (e.g., a 
national emergency or other compelling operational considerations). 
Required-use travel may include travel for official, personal, or 
political purposes, but must be approved in accordance with Sec.  301-
10.262(a) and Sec.  301-70.803(a).
    (c) For space available travel when--
    (1) The aircraft is already scheduled for use for an official 
purpose and carrying an official traveler(s) on the aircraft does not 
cause the need for a larger aircraft or result in more than minor 
additional cost to the Government; or
    (2) The Federal traveler or the dependent of a Federal traveler is 
stationed by the Government in a remote location not accessible to 
commercial airline service; or
    (3) The traveler is authorized to travel space available under 10 
U.S.C. 4744 and regulations implementing that statute.


Sec.  301-70.802  Must we ensure that travel on Government aircraft is 
the most cost-effective alternative?

    (a) Yes, you must ensure that travel on a Government aircraft is 
the most cost-effective alternative that will meet the travel 
requirement. Your designated travel approving official must--
    (1) Compare the cost of all travel alternatives, as applicable, 
that is--
    (i) Travel on a scheduled commercial airline;
    (ii) Travel on a Federal aircraft;
    (iii) Travel on a Government aircraft hired as a commercial 
aviation service (CAS); and
    (iv) Travel by other available modes of transportation; and
    (2) Approve only the most cost-effective alternative that meets 
your agency's needs.
    (3) Consider the cost of non-productive or lost work time while in 
travel status and certain other costs when comparing the costs of using 
Government aircraft in lieu of scheduled commercial airline service and 
other available modes of transportation. Additional information on 
costs included in the cost comparison may be found in the ``U.S. 
Government Aircraft Cost Accounting Guide,'' available through the 
General Services Administration, Office of Governmentwide Policy, MTA, 
1800 F Street, N.W., Washington, DC 20405.
    (b) The aircraft management office in the agency that owns or hires 
the Government aircraft must provide your designated travel-approving 
official with cost estimates for a Government aircraft trip (i.e., a 
Federal aircraft trip cost or a CAS aircraft trip cost).
    (c) When an agency operates a Government aircraft to fulfill a non-
travel related governmental function or for required use travel, using 
any space available for passengers on official travel is presumed to 
result in cost savings.


Sec.  301-70.803  How must we authorize travel on a Government 
aircraft?

    You must authorize travel on a Government aircraft as follows:
    (a) For required-use travel. Your agency must first establish 
written standards for determining the special circumstances under which 
it will require travelers to use Government aircraft. Then, following 
those standards, your agency's senior legal official or his/her 
principal deputy must authorize required-use travel on a trip-by-trip 
basis in advance and in writing, unless--
    (1) The traveler is an agency head, and the President has 
determined that all of his or her travel, or travel in specified 
categories, requires the use of Government aircraft; or
    (2) Your agency head has determined in writing that all travel, or 
travel in specified categories, by another traveler requires the use of 
Government aircraft.

    Note to Sec.  301-70.803(a): In an emergency situation, prior 
verbal approval for required-use travel with an after-the-fact 
written authorization is permitted.

    (b) For travel by senior Federal officials. Your agency's senior 
legal official or his/her principal deputy must authorize all travel on 
Government aircraft by senior Federal officials on a trip-by-trip 
basis, in advance and in writing, except for required use travel 
authorized under paragraphs (a)(1) or (a)(2) of this section. In an 
emergency situation, prior verbal approval with an after-the-fact 
written authorization by your agency's senior legal official is 
permitted. Senior Federal officials who

[[Page 34307]]

are crewmembers or qualified non-crewmembers on a flight in which they 
are also traveling (i.e., being transported from point-to-point) are 
considered travelers and must be authorized to travel on Government 
aircraft according to this paragraph.
    (c) For travel by non-Federal travelers. If you are the sponsoring 
agency for a non-Federal traveler, your senior legal official or his/
her deputy must authorize all travel on Government aircraft by that 
non-Federal traveler on a trip-by-trip basis, in advance and in 
writing. In an emergency situation, prior verbal approval with an 
after-the-fact written authorization by your agency's senior legal 
official is permitted.
    (d) For all other travel. (1) Your agency's designated travel 
approving official (or anyone to whom he/she delegates this authority 
and who is at least one organizational level above the traveler) must 
authorize, in advance and in writing, all other travel on Government 
aircraft (i.e., by passengers, crewmembers, or qualified non-
crewmembers) that is not covered in paragraphs (a), (b), and (c) of 
this section. In an emergency situation, prior verbal approval with an 
after-the-fact written authorization by your agency's designated travel 
approving official is permitted. If your agency wishes to issue blanket 
travel authorizations that authorize travel on Government aircraft, 
such blanket authorizations must define the circumstances that must be 
met for using Government aircraft in compliance with this regulation 
and any additional agency policies. Travel on Government aircraft that 
does not meet the circumstances specified in the blanket travel 
authorization must be authorized on a trip-by-trip basis in accordance 
with this regulation and other applicable agency policies.
    (2) When authorizing space available travel (except as authorized 
under 10 U.S.C. 4744 and regulations implementing that statute), you 
must ensure that the aircraft management office in the agency that owns 
or hires the aircraft has certified in writing before the flight that 
the aircraft is scheduled to be used for a bona fide governmental 
function. Bona fide governmental functions may include support for 
official travel. The aircraft management office must also certify that 
carrying a traveler(s) in space available does not cause the need for a 
larger aircraft or result in more than minor additional cost to the 
Government. The aircraft management office must retain this 
certification for two years. In an emergency situation, prior verbal 
confirmation of this information with an after-the-fact written 
certification is permitted.


Sec.  301-70.804  What amount must the Government be reimbursed for 
travel on a Government aircraft?

    (a) No reimbursement is required for official travel on a 
Government aircraft.
    (b) For personal travel on Government aircraft, reimbursement 
depends upon which of the following special cases applies:
    (1) You must require a traveler on required-use travel to reimburse 
the Government for the excess of the full coach fare for all flights 
taken on a trip over the full coach fare for the flights that he/she 
would have taken had he/she not engaged in personal activities during 
the trip; and
    (2) No reimbursement is required for travel authorized under 10 
U.S.C. 4744 and regulations implementing that statute, or when the 
traveler and his/her dependents are stationed by the Government in a 
remote location with no access to regularly scheduled commercial 
airline service.
    (c) For political travel on a Government aircraft (i.e., for any 
trip or part of a trip during which the traveler engages in political 
activities), you must require that the Government be reimbursed the 
excess of the full coach fare for all flights taken on the trip over 
the full coach fare for the flights that the traveler would have taken 
had he/she not engaged in political activities, except if other law or 
regulation specifies a different amount (see, e.g., 11 CFR 106.3, 
``Allocation of Expenses between Campaign and Non-campaign Related 
Travel''), in which case the amount reimbursed is the amount required 
by such law or regulation.


Sec.  301-70.805  Must we include special information on a travel 
authorization for a senior Federal official or a non-Federal traveler 
who travels on Government aircraft?

    Yes, you must include the following information on a travel 
authorization for a senior Federal official or a non-Federal traveler:
    (a) Traveler's name with indication that the traveler is either a 
senior Federal official or a non-Federal traveler, whichever is 
appropriate.
    (b) The traveler's organization and title or other appropriate 
descriptive information, e.g., dependent, press, etc.
    (c) Name of the authorizing agency.
    (d) The official purpose of the trip.
    (e) The destination(s).
    (f) For personal or political travel, the amount that the traveler 
must reimburse the Government (i.e., the full coach fare or appropriate 
share of that fare).
    (g) For official travel, the comparable city-pair fare (if 
available to the traveler) or full coach fare if a city-pair fare is 
not available.


Sec.  301-70.806  What documentation must we retain for travel on 
Government aircraft?

    You must retain all travel authorizations and cost-comparisons for 
travel on Government aircraft for two years.


Sec.  301-70.807  Must we make information available to the public 
about travel by senior Federal officials and non-Federal travelers on 
Government aircraft?

    Yes, an agency that authorizes travel on Government aircraft must 
make records about travelers on those aircraft available to the public 
in response to written requests under the Freedom of Information Act (5 
U.S.C. 552), except for portions exempt from disclosure under that Act 
(such as classified information).


Sec.  301-70.808  Do the rules in this part apply to travel on 
Government aircraft by the President and Vice President or by 
individuals traveling in support of the President and Vice President?

    Given the unique functions and needs of the presidency and the vice 
presidency, section 4 of Circular A-126, ``Improving the Management and 
Use of Government Aircraft,'' Revised May 1992, makes clear that 
Circular A-126 does not apply to aircraft while in use by or in support 
of the President or Vice President. Since the principal purpose of the 
rules in this part is to implement Circular A-126, the rules in this 
part also do not apply to such travel. If any questions arise regarding 
travel related to the President or Vice President, contact the Office 
of the Counsel to the President or the Office of the Counsel to the 
Vice President, respectively.

Subpart J--Policies and Procedures for Agencies that Own or Hire 
Government Aircraft for Travel


Sec.  301-70.900  May we use our Government aircraft to carry 
passengers?

    Yes. You may use Government aircraft, i.e., aircraft that you own, 
borrow, operate as a bailed aircraft, or hire as a commercial aviation 
service (CAS), to carry Federal and non-Federal travelers, but only in 
accordance with the rules in 41 CFR 102-33.215 and 102-33.220 and the 
regulations in this part.


Sec.  301-70.901  Who may approve use of our Government aircraft to 
carry passengers?

    Your agency head or his/her designee must approve the use of your 
agency's Government aircraft for travel, i.e., for carrying passengers 
and any

[[Page 34308]]

crewmembers or qualified non-crewmembers who are also traveling. This 
approval must be in writing and may be for recurring travel.


Sec.  301-70.902  Do we have any special responsibilities related to 
space available travel on our Government aircraft?

    Yes, except for travel authorized under 10 U.S.C. 4744 and 
regulations implementing that statute, you must certify in writing 
before carrying passengers on a space available basis on your 
Government aircraft that the aircraft is scheduled to perform a bona 
fide governmental function. Bona fide governmental functions may 
include support for official travel. You must also certify that 
carrying a passenger in space available does not cause the need for a 
larger aircraft and does not result in more than minor additional cost 
to the Government. Your aircraft management office must retain this 
certification for two years. In an emergency situation, prior verbal 
approval with an after-the-fact written certification is permitted.


Sec.  301-70.903  What are our responsibilities for ensuring that 
Government aircraft are the most cost-effective alternative for travel?

    To help ensure that Government aircraft are the most cost-effective 
alternative for travel, your aircraft management office must calculate 
the cost of a trip on your aircraft, whether Federal aircraft or CAS 
aircraft, and submit that information to the traveler's designated 
travel-approving official upon request. The designated travel-approving 
official must use that information to compare the cost of using 
Government aircraft with the cost of scheduled commercial airline 
service and the cost of using other available modes of transportation. 
When you operate a Government aircraft to fulfill a non-travel related 
governmental function or for required use travel, using any space 
available for passengers on official travel is presumed to result in 
cost savings. For guidance on how and when to calculate the cost of a 
trip on Government aircraft, see the ``U.S. Government Aircraft Cost 
Accounting Guide,'' published by the Aircraft Management Policy 
Division (MTA), General Services Administration, 1800 F Street, N.W., 
Washington, DC, 20405.


Sec.  301-70.904  Must travelers whom we carry on Government aircraft 
be authorized to travel?

    Yes, every traveler on one of your aircraft must have a written 
travel authorization from an authorizing executive agency, and he/she 
must present that authorization, before the flight, to the aircraft 
management office or its representative in the organization that owns 
or hires the Government aircraft. In addition to all passengers, those 
crewmembers and qualified non-crewmembers on a flight in which they are 
also traveling (i.e., being transported from point to point) are 
considered travelers and must also be authorized to travel on 
Government aircraft.


Sec.  301-70.905  What documentation must we retain for travel on our 
Government aircraft?

    (a) You must retain for two years copies of travel authorizations 
for senior Federal officials and non-Federal travelers who travel on 
your Government aircraft.
    (b) You must also retain for two years the following information 
for each flight:
    (1) The tail number of the Government aircraft used.
    (2) The dates used for travel.
    (3) The name(s) of the pilot(s), other crewmembers, and qualified 
non-crewmembers.
    (4) The purpose(s) of the flight.
    (5) The route(s) flown.
    (6) The names of all passengers.


Sec.  301-70.906  Must we report use of our Government aircraft to 
carry senior Federal officials and non-Federal travelers?

    Yes, except when the trips are classified, you must report to the 
U.S. General Services Administration, Office of Governmentwide Policy 
(MTT), 1800 F Street, N.W., all uses of your aircraft for travel by any 
senior Federal official or non-Federal traveler, except travel 
authorized under 10 U.S.C. 4744 and regulations implementing that 
statute.


Sec.  301-70.907  What information must we report on the use of 
Government aircraft to carry senior Federal officials and non-Federal 
travelers and when must it be reported?

    You must report on a semi-annual basis to the General Services 
Administration (GSA) information about Senior Federal officials and 
non-Federal travelers who fly aboard your aircraft. The reporting 
periods are October 1 through March 31 and April 1 through September 30 
of each fiscal year. A report is due to GSA not later than 30 calendar 
days after the close of each reporting period and must contain the 
following information:
    (a) The person's name with indication that he/she is either a 
senior Federal official or a non-Federal traveler, whichever is 
appropriate.
    (b) The traveler's organization and title or other appropriate 
descriptive information, e.g., dependent, press, etc.
    (c) Name of the authorizing agency.
    (d) The official purposes of the trip.
    (e) The destination(s).
    (f) For personal or political travel, the amount that the traveler 
must reimburse the Government (i.e., the full coach fare or appropriate 
share of that fare).
    (g) For official travel, the comparable city-pair fare (if 
available to the traveler) or the full coach fare if the city-pair fare 
is not available.
    (h) The cost to the Government to carry this person (i.e., the 
appropriate allocated share of the Federal or CAS aircraft trip costs).

    Note to Sec.  301-70.907: You are not required to report 
classified trips; however, you must maintain information on 
classified trips for two years. Most of the information required by 
paragraphs (a) through (g) of this section can be found on the 
traveler's travel authorization. Your aircraft management office 
must provide the information about crewmembers and qualified non-
crewmembers required by paragraph (b) as well as the information 
required by paragraph (h). For more information on calculating 
costs, see the ``U.S. Government Aircraft Cost Accounting Guide,'' 
published by the Aircraft Management Policy Division (MTA), General 
Services Administration, 1800 F Street, N.W., Washington, DC, 20405.

Sec.  301-70.908  Must we make information available to the public 
about travel by senior Federal officials and non-Federal travelers on 
Government aircraft?

    Yes, an agency that operates aircraft must make records about 
travelers on those aircraft available to the public in response to 
written requests under the Freedom of Information Act (5 U.S.C. 552), 
except for portions exempt from disclosure under that Act (such as 
classified information).


Sec.  301-70.909  What disclosure information must we give to anyone 
who flies on our Government aircraft?

    You must give each person aboard your aircraft a copy of the 
following disclosure statement:

DISCLOSURE FOR PERSONS FLYING ABOARD FEDERAL GOVERNMENT AIRCRAFT

    NOTE: The disclosure contained herein is not all-inclusive. You 
should contact your sponsoring agency for further assistance.
    Generally, an aircraft used exclusively for the U.S. Government 
may be considered a 'public aircraft' as defined in 49 U.S.C. 40102 
and 40125, unless it is transporting passengers or operating for 
commercial purposes. A public aircraft is not subject to many 
Federal aviation regulations, including requirements relating to 
aircraft certification, maintenance, and pilot certification. If a 
U.S. Government agency transports passengers on a Government 
aircraft, that agency must comply with all Federal aviation 
regulations applicable to civil aircraft. If you have questions 
about the status of a particular flight, you should contact the 
agency sponsoring the flight.

[[Page 34309]]

    You and your family have certain rights and benefits in the 
unlikely event you are injured or killed while riding aboard a 
Government aircraft. Federal employees and some private citizens are 
eligible for workers' compensation benefits under the Federal 
Employees' Compensation Act (FECA). When FECA applies, it is the 
sole remedy. For more information about FECA and its coverage, 
consult with your agency's benefits office or contact the Branch of 
Technical Assistance at the Department of Labor's Office of Workers' 
Compensation Programs at (202) 693-0044. (These rules also apply to 
travel on other Government-owned or operated conveyances such as 
cars, vans, or buses.)
    State or foreign laws may provide for product liability or 
``third party'' causes of actions for personal injury or wrongful 
death. If you have questions about a particular case or believe you 
have a claim, you should consult with an attorney.
    Some insurance policies may exclude coverage for injuries or 
death sustained while traveling aboard a Government or military 
aircraft or while within a combat area. You may wish to check your 
policy or consult with your insurance provider before your flight. 
The insurance available to Federal employees through the Federal 
Employees Group Life Insurance Program does not contain an exclusion 
of this type.
    If you are the victim of an air disaster resulting from criminal 
activity, Victim and Witness Specialists from the Federal Bureau of 
Investigation (FBI) and/or the local U.S. Attorney's Office will 
keep you or your family informed about the status of the criminal 
investigation(s) and provide you or your family with information 
about rights and services, such as crisis intervention, counseling 
and emotional support. State crime victim compensation may be able 
to cover crime-related expenses, such as medical costs, mental 
health counseling, funeral and burial costs, and lost wages or loss 
of support. The Office for Victims of Crime (an agency of the 
Department of Justice) is authorized by the Antiterrorism Act of 
1996 to provide emergency financial assistance to state programs, as 
well as the U.S. Attorneys Office, for the benefit of victims of 
terrorist acts or mass violence.
    If you are a Federal employee:
    1. If you are injured or killed on the job during the 
performance of duty - including while traveling aboard a Government 
aircraft or other government-owned or operated conveyance for 
business purposes, you and your family are eligible to collect 
workers' compensation benefits under FECA. You and your family may 
not file a personal injury or wrongful death suit against the United 
States or its employees. However, you may have cause of action 
against potentially liable third parties.
    2. You or your qualifying family member must normally also 
choose between FECA disability or death benefits, and those payable 
under your retirement system (either the Civil Service Retirement 
System or the Federal Employees Retirement System). You may choose 
the benefit that is more favorable to you.
    If you are a private citizen not employed by the Federal 
Government:
    1. Even if you are not regularly employed by the Federal 
Government, if you are rendering personal service to the Federal 
Government on a voluntary basis or for nominal pay, you may be 
defined as a Federal employee for purposes of FECA. If that is the 
case, you and your family are eligible to receive workers' 
compensation benefits under FECA, but may not collect in a personal 
injury or wrongful death lawsuit against the United States or its 
employees. You and your family may file suit against potentially 
liable third parties. Before you depart, you may wish to consult 
with the department or agency sponsoring the flight to clarify 
whether you are considered a Federal employee.
    2. If there is a determination that you are not a Federal 
employee, you and your family will not be eligible to receive 
workman's compensation benefits under FECA. If you are traveling for 
business purposes, you may be eligible for workman's compensation 
benefits under state law. If the accident occurs within the United 
States, or its territories, its airspace, or over the high seas, you 
and your family may claim against the United States under the 
Federal Tort Claims Act or Suits in Admiralty Act. If you are killed 
aboard a military aircraft, your family may be eligible to receive 
compensation under the Military Claims Act, or if you are an 
inhabitant of a foreign country, under the Foreign Claims Act.


Sec.  301-70.910  Do the rules in this part apply to travel on 
Government aircraft by the President and Vice President or by 
individuals traveling in support of the President and Vice President?

    Given the unique functions and needs of the presidency and the vice 
presidency, section 4 of Circular A-126, ``Improving the Management and 
Use of Government Aircraft,'' Revised May 1992, makes clear that 
Circular A-126 does not apply to aircraft while in use by or in support 
of the President or Vice President. Since the principal purpose of the 
rules in this part is to implement Circular A-126, the rules in this 
part also do not apply to such travel. If any questions arise regarding 
travel related to the President or Vice President, contact the Office 
of the Counsel to the President or the Office of the Counsel to the 
Vice President, respectively.
[FR Doc. 04-13349 Filed 6-18-04; 8:45 am]

BILLING CODE 6820-14-S