US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40118]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40118. Government-financed air transportation

    (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) 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.
    (d) Certain Transportation by Air Outside the United States.--
Notwithstanding subsections (a) and (c) 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.
    (e) Relationship to Other Laws.--This section does not affect the 
application of the antidiscrimination provisions of this part.
    (f) 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 items in 
order to implement a requirement in this section.
    (2) In paragraph (1), the term ``commercial item'' has the meaning 
given such term in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)), except that it shall not include a 
contract for the transportation by air of passengers.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1116; Pub. L. 103-
355, title VIII, Sec. 8301(h), Oct. 13, 1994, 108 Stat. 3398; Pub. L. 
104-287, Sec. 5(68), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 104-316, 
title I, Sec. 127(d), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105-277, 
div. G, subdiv. A, title XII, Sec. 1225(h), title XIII, Sec. 1335(p), 
title XIV, Sec. 1422(b)(6), Oct. 21, 1998, 112 Stat. 2681-775, 2681-789, 
2681-793; Pub. L. 108-176, title VIII, Sec. 806, Dec. 12, 2003, 117 
Stat. 2588.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40118(a)..............................  49 App.:1517(a), (b).            Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  1117; added Jan. 3, 1975,
                                                                          Pub. L. 93-623, Sec.  5(a), 88 Stat.
                                                                          2104; restated Feb. 15, 1980, Pub. L.
                                                                          96-192, Sec.  21, 94 Stat. 43.
                                        49 App.:1551(b)(1)(E).           Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 1984, Pub. L. 98-443, Sec.  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, Sec.
                                                                          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, Sec. 5(68)(A)

    This amends the catchline for 49:40118(d) to make a clarifying 
amendment.


                     Pub. L. 104-287, Sec. 5(68)(B)

    This amends 49:40118(f)(1) to make a clarifying amendment.


                               Amendments

    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, Sec. 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, Sec. 1335(p), struck out ``, the Director of the 
United States Information Agency,'' after ``Secretary of State''.
    Pub. L. 105-277, Sec. 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, Sec. 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, Sec. 5(68)(B), inserted heading.
    1994--Subsec. (f). Pub. L. 103-355 added subsec. (f).


                    Effective Date of 2003 Amendment

    Amendment 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 Amendment

    Amendment 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 Amendment

    For 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.

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 2514.