Title 49 — TransportationRelease 119-83
§40118 Government-financed Air Transportation
Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart i— general › Chapter 401— GENERAL PROVISIONS › § 40118
Summary
Federal agencies must use U.S.-certified airlines when the government pays for air travel or when it provides travel to a foreign country without being paid, if the trip is allowed by the carrier’s certificate or DOT rules and a U.S. carrier is available for trips between the United States and another country or reasonably available for trips between two places outside the United States. A foreign airline may be used instead when there is an international air agreement that matches U.S. aviation policy and gives similar rights. Members of the Armed Forces and civilian Defense employees may fly on a foreign carrier with at least 1 and not more than 3 pets if no U.S. carrier will or can do the trip; if that costs more, the traveler pays the extra. The Secretary of State and USAID may use their funds to pay for foreign-carrier travel for their officers, employees, dependents, and baggage between two places outside the United States. Agencies must still follow antidiscrimination rules. The General Services Administration (GSA) will set rules letting agencies spend money on travel that breaks these rules only when they show it was necessary. Contracts for moving commercial products by air do not need extra certification or contract clauses (commercial product means the term in title 41, section 103 but does not include passenger air transport). GSA must also require domestic carriers under these contracts to send an annual report to the GSA Administrator, the Secretary of Transportation, the TSA Administrator, the Secretary of Labor, and the Commissioner of U.S. Customs and Border Protection about training, trafficking reports received, and whether the carrier notified the National Human Trafficking Hotline or law enforcement. Defined terms: domestic animal — a domestic cat or a domestic dog. commercial product — meaning in title 41, section 103, excluding contracts for air transport of passengers.
Full Legal Text
Title 49, §40118
Transportation — Source: USLM XML via OLRC
(a)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)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)(1)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)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)In this section, the term “domestic animal” means a domestic cat (Felis catus) or a domestic dog (Canis familiaris).
(d)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)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)This section does not affect the application of the antidiscrimination provisions of this part.
(g)(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)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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 40118(a)49 App.:1517(a), (b).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1117; added Jan. 3, 1975, Pub. L. 93–623, § 5(a), 88 Stat. 2104; restated Feb. 15, 1980, Pub. L. 96–192, § 21, 94 Stat. 43. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 40118(b)49 App.:1517(c). 40118(c)49 App.:1517(d) (1st sentence). 40118(d)49 App.:1518.Oct. 7, 1978, Pub. L. 95–426, § 706, 92 Stat. 992. 40118(e)49 App.:1517(d) (last sentence). In this section, the word “passengers” is substituted for “persons” for consistency in the revised title. The words “(and their personal effects)” are omitted as being included in “property”. In subsection (a), before clause (1), the words “Except as provided in subsection (c) of this section” are omitted as surplus. The words “department, agency, or instrumentality” are substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “or agencies” are omitted because of 1:1. In clause (1), before subclause (A), the words “executive” and “other” are omitted as surplus. In subclause (A), the words “procure, contract for, or otherwise” are omitted as surplus. The words “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” are substituted for “in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted or utilized by or otherwise” for clarity and to eliminate unnecessary words. In subclause (B), the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the Code. The words “international or other organization” are substituted for “international agency, or other organization, of whatever nationality” to eliminate unnecessary words. The words “provisions for” are omitted as surplus. In subsection (b), before clause (1), the words “government of a foreign country” are substituted for “foreign government” for consistency in the revised title and with other titles of the Code. The words “or governments” are omitted because of 1:1. In subsection (c), the words “for payment for personnel or cargo transportation” are omitted as surplus. In subsection (d), the words “the limitations established by” are omitted as surplus. The words “after October 7, 1978” are omitted as executed. The words “Secretary of State” are substituted for “Department of State” because of 22:2651. The words “Director of the United States Information Agency” are substituted for “International Communication Agency” in section 706 of the Act of October 7, 1978 (Public Law 95–426, 92 Stat. 992), because of section 2 of Reorganization Plan No. 2 of 1977 (eff. July 1, 1978, 91 Stat. 1636) and section 303(b) of the United States Information Agency Authorization Act, Fiscals Year 1982 and 1983 (Public Law 97–241, 96 Stat. 291). The words “Director of the United States International Development Cooperation Agency” are substituted for “Agency for International Development (or any successor agency)” in section 706 because of section 6(a)(3) of Reorganization Plan No. 2 of 1979 (eff. October 1, 1979, 93 Stat. 1379). The words “a foreign air carrier” are substituted for “air carriers which do not hold certificates under section 1371 of this Appendix” for clarity. See H. Conf. Rept. No. 95–1535, 95th Cong., 2d Sess., p. 45 (1978). In subsection (e), the word “affect” is substituted for “prevent” for clarity. The words “to such traffic” are omitted as surplus. Pub. L. 104–287, § 5(68)(A)This amends the catchline for 49:40118(d) to make a clarifying amendment. Pub. L. 104–287, § 5(68)(B)This amends 49:40118(f)(1) to make a clarifying amendment.
Editorial Notes
Amendments
2025—Subsecs. (c), (d). Pub. L. 119–60, § 377(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 119–60, § 377(1), (3), redesignated subsec. (d) as (e) and substituted “subsections (a) and (d)” for “subsections (a) and (c)”. Former subsec. (e) redesignated (f). Subsecs. (f) to (h). Pub. L. 119–60, § 377(1), redesignated subsecs. (e) to (g) as (f) to (h), respectively. 2024—Subsec. (g)(1). Pub. L. 118–63 substituted “detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12)” for “detection and reporting of potential human trafficking (as described in paragraphs (9) and (10)”. 2019—Subsec. (g). Pub. L. 115–425 added subsec. (g). 2018—Subsec. (f)(1). Pub. L. 115–232, § 836(g)(9)(A), substituted “commercial products” for “commercial items”. Subsec. (f)(2). Pub. L. 115–232, § 836(g)(9)(B), substituted “commercial product” for “commercial item”. 2011—Subsec. (f)(2). Pub. L. 111–350 substituted “section 103 of title 41” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))”. 2003—Subsec. (f)(2). Pub. L. 108–176 inserted “, except that it shall not include a contract for the transportation by air of passengers” before period at end. 1998—Subsec. (d). Pub. L. 105–277, § 1422(b)(6), substituted “or the Administrator of the Agency for International Development” for “the Director of the United States International Development Cooperation Agency”. Pub. L. 105–277, § 1335(p), struck out “, the Director of the United States Information Agency,” after “Secretary of State”. Pub. L. 105–277, § 1225(h), struck out “, or the Director of the Arms Control and Disarmament Agency” before “may be used to pay”. 1996—Subsec. (c). Pub. L. 104–316 substituted “Administrator of General Services shall prescribe
Regulations
under which agencies may” for “Comptroller General shall”. Subsec. (d). Pub. L. 104–287, § 5(68)(A), substituted “Certain Transportation by Air Outside the United States” for “Transportation by Foreign Air Carriers” in heading. Subsec. (f). Pub. L. 104–287, § 5(68)(B), inserted heading. 1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
of 2019 Amendment Pub. L. 115–425, title I, § 111(b), Jan. 8, 2019, 132 Stat. 5475, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any contract entered into after the date of enactment of this Act [Jan. 8, 2019] except for contracts entered into by the Secretary of Defense.”
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a
Savings Provision
, see section 836(h) of Pub. L. 115–232, set out as an
Effective Date
of 2018 Amendment;
Savings Provision
note under section 453b of Title 6, Domestic Security.
Effective Date
of 1994 AmendmentFor
Effective Date
and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.
Effective Date
of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
of 1998 AmendmentAmendment by section 1225(h) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an
Effective Date
note under section 6511 of Title 22. Amendment by section 1335(p) of Pub. L. 105–277 effective on earlier of Oct. 1, 1999, or date of abolition of the United States Information Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1301 of Pub. L. 105–277, set out as an
Effective Date
note under section 6531 of Title 22. Amendment by section 1422(b)(6) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States International Development Cooperation Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1401 of Pub. L. 105–277, set out as an
Effective Date
note under section 6561 of Title 22.
Effective Date
of 1994 AmendmentFor
Effective Date
and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of Title 41, Public Contracts.
Reference
Citations & Metadata
Citation
49 U.S.C. § 40118
Title 49 — Transportation
Last Updated
Apr 18, 2026
Release point: 119-83