OMB Circular A-126

OMB Circular A-126, revised May 22, 1992, is a Government circular that introduces standards and policies regarding the management and use of United States Government aircraft, specifically the acquisition, management, usage, cost accounting, and disposal of. Originally issued in 1921 as the Budget and Accounting Act, it was revised in 1950 as the Budget and Accounting Procedures Act; again in 1970 as Reorganization Plan No. 2; as Executive Order 11541 and [31 U.S.C. 1344].

All policies presented by this circular apply to Executive Agencies, with special policy covering the travel by senior officials or non-Federal travelers on government aircraft that is government-owned, leased, chartered or rented and any related services that apply. The only exceptions are aircraft that is in use by or in support of the President or Vice President of the United States

Definition of "Senior Officials"

In this circular, the term 'Senior Official' is defined by anyone employed by an Executive or independent agency at a payrate of Level I of the Executive Schedule or employed in the Executive Office of the President at a payrate of Level II of the Executive Schedule.

Simply, anyone who meets the criteria as being employed and paid that or greater of the basic pay equivalent to a member of the Senior Executive Service.

Exempted from this definition are active duty military officers.

Use and travel on government aircraft

Note: The sections below are intended only as a summary of government aircraft use policy. For specific concerns or questions about official government flight policy, please see the official circular at the Office of Management and Budget

As stated in the circular, agencies are only allowed to operate government aircraft for "official purposes", which is defined as including mission requirements and other official travel.

There are outlined specifics that define "official travel" that must meet these specific critera:

• when no commercial airline or aircraft(including charter) service is reasonably available; specifically any schedule that does not meet the traveler's departure and/or arrival requirements within a 24 hour period
• the cost of government aircraft usage is not more than the cost of using commercial airline or aircraft
• aircraft may not be used on a "space available" basis unless:
  • the aircraft is already scheduled for an official purpose
  • the "space available" does not require a larger aircraft than needed
  • the "space available" use results in a minor additional cost to the government

Cost and reimbursement

The following conditions are not eligible for reimbursement from the government and must be recouped by the employee:

• incidental private travel activities of an employee incur additional cost while on official travel
• wholly personal or political trips (the full coach fare)
• official trip during which political activities are attended and engaged in (the appropriate share of the full coach fare)
• in which the employee flies to one or more locations for personal reasons (the excess of the full coach fare for all flights taken above the cost rendered to the federal government)

Approval and documentation for government travel

Typically only an agency head or officials that are designated by the agency head may approve the use of agency aircraft, but government aircraft may also be used when it is also designated to transport senior Federal officials, members of their families or other non-Federal travelers on a "space available" basis but only when a written certification is presented by the agency. This certification must show that the mission activity is bona fide and that the minimum mission requirements are not surpassed. In emergency situations, this certification may be produced after-the-fact.

At a minimum, those individuals appointed by the agency head must be one organizational level above the person(s) traveling. If this is not possible, then another appropriate approval is required.

Travel requests must also be approved in advance and in writing. This approval must be done on a trip-by-trip basis from the agency's senior legal official or their principal deputy. There are two exceptions:

• the agency head has determined that all travel by the individual qualifies as required use travel or
• the President has determined that all travel by the agency head qualifies as required use.

All use of government aircraft by agencies must be reported semi-annually to the GSA. These reports must be formatted within GSA standards and must list the following during a six-month period:

• name of each traveler
• official purpose of trip
• destination(s)
• the appropriate allocated share of the full operating cost of the trip

In addition to the GSA, these reports must also be submitted semi-annually to the OMB in the same format. The exception to this rule are any classified trips, which then must be maintained by the agency and available for review under authorization.

For all uses of federal aircraft, the following documentation must be retained for a minimum of two years:

• tail number of the plane used
• date(s) used
• name(s) of pilot(s) and flight crew
• purpose(s) of the flight
• the route(s) flown
• names of all passengers

Eligibility

Status as a federal employee does not automatically result in authorization for use of government aircraft. There are three categories of people who require advance authorization in writing:

• senior Federal officials
• members of their families
• non-Federal travelers

All authorizations must conform to the same policies as authorized agency travel.

Audit responsibility

All agency officials with the statutory authority to procure aircraft must ensure that their policies and procedures comply with the requirements of OMB Circular A-76, and that those programs comply with the internal control requirements of OMB Circular A-123. Any material weaknesses must be reported to the President and the United States Congress.

The development of policies and procedures must be done in cooperation with the GSA. If the agency does not have systems that conform to these policies, a period of one year from the date of issuance of GSA standards is given to implement those systems.

Accounting

Those systems which are implemented that conform to GSA standards must permit justification of use of government aircraft services and the determination of usage over commercial or alternative government aircraft; recovery of operation costs of the aircraft; the cost-effectiveness of their aircraft program; and cost-comparison to justify in-house operation of government aircraft in accordance with OMB Circular A-76.

In the media

Since the September 11, 2001 attacks, air transportation security has become a major issue for all aspects of American culture, including government transportation. Because of concerns for safety of elected government officials, the Speaker of the House--second in line behind the vice president in order of succession--has been granted use of military planes for secure travel services.

In February 2007, a controversy arose regarding the capability of aircraft for travel requested by newly-elected House Speaker Nancy Pelosi^[1]. The previous speaker, Rep. Dennis Hastert of Illinois, flew in a C-20 which is a modified version of a Gulfstream III. Pelosi requested an upgrade from this plane, which is incapable of flying non-stop the required 2,800+ miles to Pelosi's home district of San Francisco, California.

There was some question as to whether or not Pelosi's friends and associates would be allowed to travel with her, and that further consultation with the Air Force, and Department of Defense would be required.

External links

• HTML Version of Circular A-126
• Appendix A: Accounting for Aircraft Costs
• Appendix B: Cost Element Definitions

References

1. ^ ABC News @ Go.com, article dated Feb 8, 2007 accessed March 2, 2007 [1]