2 FAM 800
2 FAM 810
POLICY, OBJECTIVE, SCOPE, AND APPLICABILITY
(Office of Origin: INL/A)
2 fam 811 Policy
a. The Department's policy for managing aircraft is to:
(1) Acquire, manage, and dispose of aircraft owned or leased by the Department safely, efficiently and effectively. This includes aircraft acquired or operated by the Department for official business and aircraft acquired for, or made available to, foreign governments for counternarcotics or law enforcement operations and other foreign assistance purposes;
(2) Account for and report the following data pertaining to Department-owned or exclusively leased aircraft:
(a) Types and quantity of aircraft
(b) Costs of acquisition and operation
(c) Number of flight hours per airframe;
(d) Mishaps, accidents and incidents; and
(e) For aircraft made available to a foreign government, detailed records on the use of such aircraft.
(3) Ensure that Department-owned or exclusively leased aircraft are used only to accomplish the Departments official business or are made available to a foreign government for foreign assistance purposes;
(4) Ensure that all passengers traveling on the Departments aircraft are authorized to travel on such aircraft; and
(5) Fully comply with OMB Circulars A-126, A-76, A-11, and A-94 and Federal Management Regulation 102-33, which prescribe requirements for managing aircraft.
b. The Department, through its designated Senior Aviation Management Official, participates in, and coordinates its policy with, the Interagency Committee for Aviation Policy (ICAP). The ICAP advises the General Services Administration (GSA) on making policy for Federal aviation management.
c. The Departments Aviation Governing Board (AGB), which the INL Assistant Secretary chairs, provides oversight of aviation activities in the Department, to include the Aviation Working Capital Fund (AWCF).
2 fam 812 Objective
The objective of this chapter is to outline responsibilities and procedures for implementing the Department's policy for managing aircraft.
2 fam 813 Scope and Applicability
This policy applies to the management of all activities of Department-owned or exclusively-leased aircraft. This includes:
(1) Aircraft that the Department owns, bails, loans, or borrows.
(2) Commercial aircraft that the Department hires as Commercial Aviation Services (CAS), which the Department:
(a) Leases or lease-purchases with the intent to take title;
(b) Charters or rents; or
(c) Hires as part of a full-service contract.
(3) The term aircraft means a device that is used or intended to be used for flight. Federal Aviation Administration Notice identifies unmanned aircraft as aircraft flown by a pilot regardless of where the pilot is located. As such, this policy and the term aircraft applies to both manned and Unmanned Aircraft Systems (UAS).
2 fam 814 AUTHORITIES
(1) 31 U.S.C. 1343, which states an appropriation is available to buy, maintain, or operate an aircraft only if the appropriation specifically authorizes the purchase, maintenance, or operation; and
(2) Section 636(a) of the Foreign Assistance Act of 1961, as amended, which states that funds made pursuant to the Act shall be available for purchase, maintenance, operation, and hire of aircraft. According to the Act, an aircraft for administrative purposes may be purchased only as specifically provided in an appropriation or other Act.
2 fam 815 RESPONSIBILITIES
2 FAM 815.1 Aviation Governing Board
The Department of State Aviation Governing Board (AGB) is responsible for approving policies, budgets, and strategic plans for the Departments aviation assets and activities. The AGB Charter provides details on the Boards scope, composition, processes, and procedures. In carrying out this role, the AGB shall give due regard to the statutory mandate of the Bureau of Diplomatic Security (DS) in the Omnibus Diplomatic Security and Antiterrorism Act (Public Law 99-399) to research, develop, and implement technical and physical security programs in carrying out its worldwide (foreign and domestic) security and law enforcement activities. Such emerging technologies that may be utilized by DS include UAS and tethered aircraft.
2 FAM 815.2 Senior Aviation Management Official
The Department of State designated the Bureau of International Narcotics and Law Enforcement Affairs (INL) Director of the Office of Aviation (INL/A) to serve as Senior Aviation Management Official (SAMO) for the Department. The SAMO is the agency’s primary member of the Interagency Committee for Aviation Policy (ICAP). The SAMO also is responsible for:
(1) Designating the certifying official for the Federal Aviation Interactive Reporting System (FAIRS);
(2) Appointing representatives of the agency as members of ICAP subcommittees and working groups;
(3) Serving as Airworthiness Determination Official for all Department-owned aircraft; and
(4) Ensuring the agency’s internal policies and procedures are consistent with aviation management requirements in OMB Circulars and Federal Management Regulations.
2 FAM 815.3 INL Office of Aviation (INL/A)
INL/A serves as the Departments aviation service provider (with the exception of aircraft charters managed by A/LM/OPS for logistics support of nonrecurring and unpredictable requirements like oddly-sized shipments, evacuations and other emergency assistance to Posts) and is coordinator of all aviation related to AGB approved acquisitions. INL/A is responsible for complying with the provisions of this chapter as well as OMB Circulars A-126, A-76, A-11, and A-94 and Federal Management Regulation 102-33. Additionally, as part of the Departments Management Control Plan (see 2 FAM 020), INL/A must establish cost-effective management control systems to ensure that aviation programs are managed effectively, efficiently, economically, and with integrity.
2 FAM 816 PROCUREMENT AND PROGRAM PROCEDURES
2 FAM 816.1 Planning, Budgeting, and Acquisition
2 FAM 816.1-1 Planning
a. In planning for the acquisition and operation of aircraft, the AGB must:
(1) Consider all phases of the capital asset life cycle;
(2) Develop capital asset plans;
(3) Consider alternatives to include Commercial Aviation Services (CAS); and
(4) Evaluate the benefits and costs of all options to arrive at the most effective arrangement possible.
b. Strategic plans involving ownership of aircraft must clearly demonstrate how these capital assets will contribute to meeting the goals and objectives of the Department and why they are necessary.
2 FAM 816.1-2 Aircraft Acquisition/Procurement
2 FAM 816.1-2(A) Conditions Under Which Official Business Aircraft Can Be Purchased
INL/A acquires aircraft for official business only under the following circumstances:
(1) Aircraft are the optimum means of supporting the Department's official business;
(2) The organization does not have aircraft that can support this official business safely and cost-effectively;
(3) No commercial or other U.S. Government source is available to provide aviation services safely and cost effectively;
(4) Legal authorities exist to allow this procurement (see 2 FAM 814.); and
(5) The AGB approves the acquisition.
2 FAM 816.1-2(B) Benefit-Cost Analysis -
a. Before acquiring aircraft, INL/A must comply with the following:
(1) 31 U.S.C. 1343, Buying and Leasing Passenger Motor Vehicles and Aircraft;
(2) OMB Circular A-126, Improving the Management and Use of Government Aircraft;
(3) OMB Circular A-11, Part 7, Planning, Budgeting, Acquisition, and Use of Capital Assets;
(4) OMB Circular A-76, Performance of Commercial Activities; and
(5) OMB Circular A-94, Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.
b. OMB Circular A-11, Part 7, Section 300, Planning, Budgeting, Acquisition and Management of Capital Assets, describes the capital asset justification and management plan (including a project plan, benefit-cost analysis, alternatives analysis, acquisition plan, risk management plan, and human resources management plan). This OMB Circular A-11 Exhibit 300 or Capital Asset Plan (CAP) defines the foundation for aircraft acquisition planning. Any organization proposing the acquisition of aircraft must prepare OMB Circular A-11 Exhibit 300 and include it in its budget submission to the Department.
2 FAM 816.1-2(C) Excess Capacity Not Authorized
Organizations must not acquire more aircraft than are needed or aircraft that are of greater size or capacity than required to perform U.S. Government functions cost effectively. If the AGB determines excess capacity exists, it may agree to redistribute assets, but must meet applicable legal requirements, if any, for obtaining a determination by the Secretary or Deputy Secretary and notifying Congress prior to transferring aircraft.
2 FAM 816.1-2(D) Compliance With Acquisition Regulations
a. INL/A must comply fully with Federal Acquisition Regulations (FARs) and the Department of State Acquisition Regulation (DOSAR) in order to purchase or lease-purchase aircraft or award a Commercial Aviation Services (CAS) contract.
b. INL/A must comply with OMB Circular A-11, Capital Programming Guide II.8 and II.9, by ensuring that management control systems exist to identify and mitigate cost and schedule performance risks. All cost- types of contracts must institute controls systems to monitor contractors' cost, schedule, and performance variances.
2 FAM 816.1-2(E) Requirement for Five-Year Reviews
After 5 years of holding an aircraft, the Department must review its operations, establish a continuing need for the aircraft, and demonstrate that aircraft operations are cost effective (see FMR 102-22). INL/A, under the guidance of the AGB, must ensure the Department meets this requirement by conducting formal, documented analysis. Additionally, the AGB must monitor the usage and cost effectiveness of aircraft on a continuing basis to include approving an aviation resource utilization plan to be drafted by INL/A annually.
2 FAM 816.1-2(F) Commercial Aviation Services (CAS)
INL/A must only contract for Commercial Aviation Services (CAS) when:
(1) Aircraft are the optimum means of supporting the agency’s official business;
(2) Using commercial aircraft and services is safe and is more cost effective than using Department-owned aircraft, aircraft from any other U.S. Government source, or scheduled air carriers; and
(3) The AGB approves the contract.
2 FAM 816.1-3 Budgeting and Financial Management
2 FAM 816.1-3(A) Budgeting
Aviation budgets must include the following cost elements:
(1) Aircrew contract costs;
(2) Aircraft fuel and other operating fluids;
(3) Aircraft maintenance and repair;
(4) Aircraft spare parts;
(5) Aircraft refurbishment and major overhaul;
(6) Aircraft lease costs;
(7) Aircraft acquisitions;
(8) Facility construction costs;
(9) Aviation Life Support Equipment (ALSE);
(10) Other aviation program contract costs;
(11) Herbicides; and
2 FAM 816.1-3(B) Cost Accounting
Department of State offices with responsibility for acquiring and/or managing aircraft must account for the operations and ownership costs of their aircraft as described in the GSA U.S. Government Aircraft Cost Accounting Guide. INL/A is responsible for maintaining an automated system to collect and report cost data elements as the Federal Aviation Interactive Reporting System (FAIRS) requires. This information permits the organization to:
(1) Justify the use of U.S. Government aircraft in lieu of commercially available aircraft, and the use of one aircraft in lieu of another;
(2) Recover costs of operating aircraft when appropriate;
(3) Determine the cost effectiveness of aircraft programs; and
(4) Conduct cost comparisons that OMB Circular A-76 requires to justify in-house operation of U.S. Government aircraft versus procurement of commercially available aircraft services.
2 FAM 816.1-3(C) Cost Recovery
When Department aircraft are used to support other agencies, the Department may be required to recover the costs in accordance with 41 CFR 102-33.205 and 31 U.S.C. 1535. When cost recovery is required, INL/A, the Aviation Working Capital Fund, and those organizations receiving/funding its support must:
(1) Ensure an agreement for cost reimbursement is established;
(2) Recover the costs; and
(3) Arrange for and obtain reimbursement for aviation support provided to other Department elements, missions, programs, or activities that fall outside of their own mission, authorities, and appropriation purposes.
2 FAM 816.2 Flight Program Standards
INL/A is responsible for establishing flight program standards that meet the requirements in Federal Management Regulation 102-33, sections 155 through 185. These standards pertain to management, administration, operations, maintenance, flight personnel training, flight program safety, and aircraft accident/incident reporting. INL/A must establish or require (contractually, where applicable) the following:
(1) Basic qualifications and currency requirements for pilots and other crewmembers, maintenance personnel, and other mission-related personnel;
(2) Limitations on duty time and flight time for pilots and other crewmembers;
(3) Compliance with owning-agency or safety of flight notices and operational bulletins;
(4) Flight-following procedures to notify management and initiate search and rescue operations in the event of lost or downed aircraft;
(5) Creation of a manifest at the origin of each flight containing the full names of all persons on board for each leg of flight, a point of contact for each person, and phone numbers for the points of contact;
(6) Documentation of any changes in the manifest by leg, and retention of manifests for 2 years from the time of flight;
(7) Procedures for reconciling flight manifests with persons actually on board and a method to test those procedures periodically;
(8) Preparation of a complete weight and balance computation and a cargo-loading manifest at the origin of each flight, and retention of this computation and manifest for 30 days from the time of flight;
(9) Appropriate emergency procedures and equipment for specific missions; and
(10) Procedures to ensure that required Aviation Life Support Equipment (ALSE) is inspected and serviceable.
2 FAM 816.2-1 Operations and Training
2 FAM 816.2-1(A) Documenting Aircraft Use
In accordance with OMB Circular A-126, INL/A must ensure documentation of the use of Department aircraft, including tail number, date(s), pilot and crew names, purpose, routes flown, and passengers on board, and retain such information for a minimum of 2 years.
2 FAM 816.2-1(B) Reporting Senior Federal Official Travel
INL/A must report to GSA, on a semi-annual basis, travel by senior Federal officials, members of their families, and certain non-Federal officials, in accordance with OMB Circular A-126.
2 FAM 816.2-1(C) Instructional Program
INL/A must establish or require (contractually, where applicable) an initial and recurrent instructional program to train flight program personnel in their responsibilities and in the operational skills relevant to the types of operations conducted.
2 FAM 816.2-1(D) Arming Aircraft
Aircraft owned, leased, or operated by the Department must only be armed when mission requirements dictate, and for defensive purposes only. Organizations within the Department desiring to arm aircraft for defensive purposes must:
(1) Adhere to the Foreign Assistance Act of 1961, as amended, where applicable (specifically INL), and/or other legal requirements and authorities applicable to arming of aircraft;
(2) Establish Rules for Use of Force approved by the Chief of Mission, Departments Special Protective Equipment Review Board, and Office of the Legal Advisor that are consistent with the local law of the country in which the aircraft are operated; and
(3) Ensure a comprehensive training program for aerial gunnery and Rules for Use of Force is in effect.
(4) This provision applies to aircraft made available to foreign governments for foreign assistance purposes, when such aircraft are supporting official business of the Department.
2 FAM 816.2-2 Maintenance
INL/A must establish procedures to:
(1) Monitor and comply with owning-agency or military safety of flight notices, FAA airworthiness directives, or mandatory manufacturers bulletins applicable to the types of aircraft, engines, propellers and appliances that they operate;
(2) Utilize technical support, including updated technical publications and appropriate engineering documentation and testing, for aircraft, power-plant, propeller, or appliance repairs, modifications, or equipment installations;
(3) Prevent the operation of aircraft with insufficient operable instruments and equipment (e.g., establishment of Minimum Equipment Lists and Configuration Deviation Lists);
(4) Record and track duty time and training of maintenance personnel;
(5) Establish and maintain a quality control system for acquiring replacement parts, ensuring that the parts acquired have the documentation needed to determine that they are safe for flight and are inspected and tested, as applicable; and
(6) Record and track maintenance actions, inspections, and the flight hours, cycles, and calendar times of life-limited parts and Flight Safety Critical Aircraft Parts (FSCAP). Procedures for acquisition, tracking, use, and disposal of FSCAP must comply with 41 CFR 102-33.115, 41 CFR 102-33.230, and FAA Advisory Circular 20-142.
2 FAM 816.2-3 Safety
INL/A must establish or adopt a written safety program that complies with the following requirements in accordance with FMR 102-33.180:
(1) Appoint a qualified safety manager with experience as a pilot or crewmember, or experience in aviation operations or flight program management who has graduated from an aviation safety officer course provided by a recognized training provider;
(2) Implement a risk management program to identify, analyze and take steps to mitigate hazards to a minimum level;
(3) Establish an internal and external program assessment process; i.e., Aviation Resource Management Survey (ARMS). The purpose of the ARMS is to identify program deficiencies in the areas of operations, training, standardization, safety, logistics, and management for corrective action to prevent accidents and incidents. The Departments goal is for each program to receive an ARMS every 18 to 24 months;
(4) Establish a system for personnel to report safety hazards to senior safety personnel and management.
(5) Establish a system for investigating accidents and incidents, and collecting and reporting data pertaining to them.
(6) Establish an accident-prevention program that includes:
(a) Measurable accident prevention procedures (e.g., pilot proficiency evaluations, fire drills, crash drills, and safety meetings);
(b) A system for disseminating accident-prevention information;
(c) Safety training;
(d) An aviation safety awards program;
(e) An aviation safety council;
(f) A pre-accident plan that is tested semi-annually; and
(g) Procedures for returning aircraft data plates of destroyed aircraft to property management personnel for proper disposition.
2 FAM 816.3 Property Management and Reporting
2 FAM 816.3-1 Federal Aviation Interactive Reporting System (FAIRS)
The Department must comply with General Services Administration (GSA) reporting requirements for aircraft under the Federal Aviation Interactive Reporting System (FAIRS). This entails detailed property and cost reporting for all Department-owned or -leased aircraft and Commercial Aviation Services (CAS) aircraft. The Office of Aviation (INL/A) is responsible for FAIRS reporting for the Department but must receive data from other Department offices that own, operate, or lease aircraft to ensure complete reporting. INL/A has published detailed procedures in the INL Aviation Program Policies and Procedures Guidebook for organizations to report their data for incorporation into INLs information system for FAIRS reporting. Program managers must comply with these procedures to ensure aircraft and costs are captured in the system and that new aircraft acquisitions, disposals, transfers, or replacements are reported. See also 2 FAM 816.1-3(B) regarding aviation cost accounting.
2 FAM 816.3-2 Integrated Logistics Management System (ILMS) Reporting
INL/A must ensure that Department-owned aircraft are reported as capital assets to the Bureau of Budget and Planning for inclusion in financial statements. The Departments Integrated Logistics Management System (ILMS) is the vehicle for entering this data.
2 FAM 817 UNMANNED AIRCRAFT SYSTEMS (UAS)
2 FAM 817.1 Definitions
a. Unmanned Aircraft (UA): A device used or intended to be used for flight in the air that has no onboard pilot. This includes all classes of airplanes, helicopters, airships, and powered-lift aircraft without an onboard pilot. Unmanned aircraft may range from micro vehicles measuring inches in size and ounces in weight to large aircraft weighing more than 30,000 pounds. Traditional balloons, tethered aircraft and un-powered gliders do not fall within the UAS definition and are therefore not subject to the requirements of this FAM section, but may be subject to other applicable regulations and guidelines for safety and airspace deconfliction.
b. Unmanned Aircraft System (UAS): A UA and its associated elements related to safe operation, which may include control stations, control links, support equipment, payloads, flight termination systems, and launch/recovery equipment.
2 FAM 817.2 INL/As UAS Policy Role
a. INL/A coordinates with other federal agencies on UAS policy, to include participation in the ICAP subcommittee on UAS, and provides Department UAS policy as approved by the AGB.
b. INL/A will perform the functions described in (1) consistent with Section 106(a) of Public Law 99-399, the Omnibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4805(a)), which imposes an affirmative obligation on other Federal agencies to cooperate with DOS in carrying out its security, law enforcement, and other responsibilities detailed in Public Law 99-399.
2 FAM 817.3 Requirements for Acquiring and Employing UAS
a. Bureaus/offices desiring to acquire (by purchase, lease, loan, or commercial aviation services contract) and employ UAS must:
(1) Coordinate with INL/A, and obtain approval of the AGB, prior to utilizing the UAS equipment and/or services and be prepared to demonstrate compliance with the provisions of this policy.
(2) Comply with the provisions of FAA National Policy N 8900.227, as amended, for operations in the National Airspace System (the contiguous United States, Alaska, Hawaii, U.S. territories and international airspace in the Flight Information Regions delegated to the United States where the FAA is the Air Traffic Service provider).
(3) Comply with applicable ICAO, host country, and military regulations, laws and rules regarding UAS operations when outside of the National Airspace System.
(4) Abide by applicable airspace restrictions and ensure airspace de-confliction is coordinated for all UAS operations, to include NOTAM issuance where applicable.
(5) Ensure airworthiness of UAS by acquiring DoD systems or commercial derivatives that have undergone extensive testing and certification, and adhering to published maintenance programs and procedures for the equipment.
(6) Establish a documented mission approval process for proper oversight and control of UAS usage.
(7) Establish a training and certification program, minimum qualifications (including medical where appropriate), duty/flight time limitations, and currency requirements for mission briefers, pilots/operators, observers, and maintenance personnel.
(8) Establish and enforce written standardized policies and procedures, to include command and control, flight briefings, flight following, aircraft separation and airspace control, lost link procedures, a safety and risk management program, and accident and incident notification and investigation for UAS usage. For operations outside of the National Airspace System, the policy will closely mirror the provisions of FAA National Policy N 8900.227.
(9) Comply with operator's manuals and checklists for the equipment.
(10) Report data on UAS through INL/A to the GSA, just as is done for other types of aircraft.
b. INL/A is responsible for verifying compliance with the requirements of paragraph a. above upon implementation of the program and annually thereafter.
2 FAM 817.4 Airspace De-confliction at Post
At posts where Department of Country Team UAS are operated, the Chief of Mission will designate a central point of contact for coordination of airspace deconfliction for such systems.
2 FAM 818 through 819 UNASSIGNED