US Code

Public Law 119-83 (04/13/2026)

49 U.S.C. § 40118

Government-financed air transportation

(a)

Transportation by Air Carriers Holding Certificates .—

section 41102 of this titleA 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 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)
section 40101(e) of this title is consistent with the goals for international aviation policy of ; 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)
section 103 of title 41 In paragraph (1), the term “commercial product” has the meaning given such term in , 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)
22 U.S.C. 7102 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 ()), 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.

Pub. L. 103–272, § 1(e)108 Stat. 1116 Pub. L. 103–355, title VIII, § 8301(h)108 Stat. 3398 Pub. L. 104–287, § 5(68)110 Stat. 3395 Pub. L. 104–316, title I, § 127(d)110 Stat. 3840 Pub. L. 105–277, div. G112 Stat. 2681–775 Pub. L. 108–176, title VIII, § 806117 Stat. 2588 Pub. L. 111–350, § 5o124 Stat. 3854 Pub. L. 115–232, div. A, title VIII, § 836(g)(9)132 Stat. 1874 Pub. L. 115–425, title I, § 111(a)132 Stat. 5475 Pub. L. 118–63, title XI, § 1101(g)138 Stat. 1413 Pub. L. 119–60, div. A, title III, § 377139 Stat. 841 (, , ; , , ; , , ; , , ; , subdiv. A, title XII, § 1225(h), title XIII, § 1335(p), title XIV, § 1422(b)(6), , , 2681–789, 2681–793; , , ; ()(8), , ; , , ; , , ; , , ; , , .)

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, § 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.

section 706 of the Act of October 7, 1978 Public Law 95–42692 Stat. 992 91 Stat. 1636 Public Law 97–24196 Stat. 291 93 Stat. 1379 In subsection (d), the words “the limitations established by” are omitted as surplus. The words “after ” 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 (, ), because of section 2 of Reorganization Plan No. 2 of 1977 (eff. , ) and section 303(b) of the United States Information Agency Authorization Act, Fiscals Year 1982 and 1983 (, ). 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. , ). 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

Pub. L. 119–60, § 377(1)2025—Subsecs. (c), (d). , (2), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 119–60, § 377(1)Subsec. (e). , (3), redesignated subsec. (d) as (e) and substituted “subsections (a) and (d)” for “subsections (a) and (c)”. Former subsec. (e) redesignated (f).

Pub. L. 119–60, § 377(1)Subsecs. (f) to (h). , redesignated subsecs. (e) to (g) as (f) to (h), respectively.

Pub. L. 118–632024—Subsec. (g)(1). 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)”.

Pub. L. 115–4252019—Subsec. (g). added subsec. (g).

Pub. L. 115–232, § 836(g)(9)(A)2018—Subsec. (f)(1). , substituted “commercial products” for “commercial items”.

Pub. L. 115–232, § 836(g)(9)(B)Subsec. (f)(2). , substituted “commercial product” for “commercial item”.

Pub. L. 111–350section 103 of title 4141 U.S.C. 403(12)2011—Subsec. (f)(2). substituted “” for “section 4(12) of the Office of Federal Procurement Policy Act ()”.

Pub. L. 108–1762003—Subsec. (f)(2). inserted “, except that it shall not include a contract for the transportation by air of passengers” before period at end.

Pub. L. 105–277, § 1422(b)(6)1998—Subsec. (d). , 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”.

Pub. L. 104–3161996—Subsec. (c). substituted “Administrator of General Services shall prescribe regulations under which agencies may” for “Comptroller General shall”.

Pub. L. 104–287, § 5(68)(A)Certain Transportation by Air Outside the United StatesTransportation by Foreign Air CarriersSubsec. (d). , substituted “” for “” in heading.

Pub. L. 104–287, § 5(68)(B)Subsec. (f). , inserted heading.

Pub. L. 103–3551994—Subsec. (f). added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 115–425, title I, § 111(b)132 Stat. 5475

“The amendment made by subsection (a) [amending this section] shall apply to any contract entered into after the date of enactment of this Act [] except for contracts entered into by the Secretary of Defense.”
, , , provided that:

Effective Date of 2018 Amendment

Pub. L. 115–232section 836(h) of Pub. L. 115–232section 453b of Title 6Amendment by effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.

Effective Date of 1994 Amendment

Pub. L. 103–355section 10001 of Pub. L. 103–355section 8752 of Title 10For effective date and applicability of amendment by , see , set out as a note under , Armed Forces.

Effective Date of 2003 Amendment

Pub. L. 108–176section 3 of Pub. L. 108–176section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 1998 Amendment

section 1225(h) of Pub. L. 105–277section 6601 of Title 22section 1201 of Pub. L. 105–277section 6511 of Title 22Amendment by effective on earlier of , or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in , Foreign Relations and Intercourse, see , set out as an Effective Date note under .

section 1335(p) of Pub. L. 105–277section 6601 of Title 22section 1301 of Pub. L. 105–277section 6531 of Title 22Amendment by effective on earlier of , or date of abolition of the United States Information Agency pursuant to reorganization plan described in , Foreign Relations and Intercourse, see , set out as an Effective Date note under .

section 1422(b)(6) of Pub. L. 105–277section 6601 of Title 22section 1401 of Pub. L. 105–277section 6561 of Title 22Amendment by effective on earlier of , or date of abolition of the United States International Development Cooperation Agency pursuant to reorganization plan described in , Foreign Relations and Intercourse, see , set out as an Effective Date note under .

Effective Date of 1994 Amendment

Pub. L. 103–355section 10001 of Pub. L. 103–355section 251 of Title 41For effective date and applicability of amendment by , see , set out as a note under , Public Contracts.