§ 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 their 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 their 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 § 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 their 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 their 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 they delegate 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) through (c) of this section.
( 2 ) When authorizing space available travel (except as authorized under 10 U.S.C. 2648 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.
[FTR Amdt. 2004-02, 69 FR 34305, June 21, 2004, as amended by FTR Amdt. 2010-04, 75 FR 59095, Sept. 27, 2010; FTR Case 2022-05, 89 FR 12252, Feb. 16, 2024]