[Code of Federal Regulations]
[Title 41, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR301-70.803]

[Page 79-80]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
           CHAPTER 301--TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES
 
PART 301-70_INTERNAL POLICY AND PROCEDURE REQUIREMENTS--Table of Contents
 
Subpart I_Policies and Procedures for Agencies That Authorize Travel on 
                           Government Aircraft
 
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.

[[Page 80]]

    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 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.