Title 49 — Transportation
Part A · Chapter 411 — Air Carrier Certificates
§ 41106. Airlift service
Statutory text
Interstate Transportation.—
Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that—
has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
holds a certificate issued under section 41102 of this title.
The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service.
Transportation Between the United States and Foreign Locations.—
Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).
Transportation Between Foreign Locations.—
The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.
Exception.—
When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.
CRAF-eligible Aircraft Defined.—
In this section, “CRAF-eligible aircraft” means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 41106
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 49 U.S.C. § 41106(a)
Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading substituted “Interstate Transportation” for “General” and in introductory provisions of par. (1)
Substituted · 49 U.S.C. § 41106(a)
Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading substituted “Except as provided in subsection (d) of this section,” for “Except as provided in subsection (b) of this section,”
Struck · 49 U.S.C. § 41106(a)
Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading struck out “of at least 31 days” after “through a contract”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading substituted “Interstate Transportation” for “General” and in introductory provisions of par. (1), substituted “Except as provided in subsection (d) of this section,” for “Except as provided in subsection (b) of this section,” and struck out “of at least 31 days” after “through a contract”.Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Effective date note
Pub. L. 106–398, § 1 [[div. A], title III, § 385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000.”Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Added · 49 U.S.C. § 41106(b)(d)
Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(2), (3)], added subsecs. (b) and (c)
Redesignated · 49 U.S.C. § 41106(b)(d)
Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(2), (3)], redesignated former subsec. (b) as (d)
Source evidence
Code amendment note
Subsecs. (b) to (d). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Effective date note
Pub. L. 106–398, § 1 [[div. A], title III, § 385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000.”National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 365(a)(1) · 125 Stat. 1298
Substituted · 49 U.S.C. § 41106(a)(1); 49 U.S.C. § 41106(a)(b)
Pub. L. 112–81, § 365(a)(1), substituted “CRAF-eligible aircraft” for “transport category aircraft”
Source evidence
Code amendment note
Subsecs. (a)(1), (b). Pub. L. 112–81, § 365(a)(1), substituted “CRAF-eligible aircraft” for “transport category aircraft”.Enacted provision · exact public law section
(1) in subsections (a)(1), (b), and (c), by striking “transport category aircraft” each place it appears and inserting “CRAF-eligible aircraft”; andNational Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 365(a) · 125 Stat. 1298
Substituted · 49 U.S.C. § 41106(c)
Pub. L. 112–81, § 365(a), substituted “CRAF-eligible aircraft” for “transport category aircraft”
Substituted · 49 U.S.C. § 41106(c)
Pub. L. 112–81, § 365(a), substituted “referred to in subsection (a)” for “that has aircraft in the civil reserve air fleet”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–81, § 365(a), substituted “CRAF-eligible aircraft” for “transport category aircraft” and “referred to in subsection (a)” for “that has aircraft in the civil reserve air fleet”.Enacted provision · exact public law section
(a) Clarification.— Section 41106 of title 49, United States Code, is amended— (1) in subsections (a)(1), (b), and (c), by striking “transport category aircraft” each place it appears and inserting “CRAF-eligible aircraft”; and (2) in subsection (c), by striking “that has aircraft in the civil reserve air fleet” and inserting “referred to in subsection (a)”.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 365(b) · 125 Stat. 1298
Added · 49 U.S.C. § 41106(e)
Pub. L. 112–81, § 365(b), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–81, § 365(b), added subsec. (e).Enacted provision · exact public law section
(b) CRAF-eligible Aircraft Defined.— Such section is further amended by adding at the end the following new subsection: “(e) CRAF-eligible Aircraft Defined.— In this section, ‘CRAF-eligible aircraft’ means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.” .
10 of 10 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 41106 | 49 App.:1371(o). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(o); added July 12, 1976, Pub. L. 94–353, § 18(a), 90 Stat. 883. |
| 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. | |
In subsection (a), before clause (1), the word “passengers” is substituted for “persons” for consistency in the revised title. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:113(a). The words “an air carrier” are substituted for “carriers” for clarity.
In subsection (b), the words “to provide the service” are added for clarity.
Editorial Notes
Amendments2000–2011 · 2 rounds
2011
Subsecs. (a)(1), (b). Pub. L. 112–81, § 365(a)(1), substituted “CRAF-eligible aircraft” for “transport category aircraft”.
Subsec. (c). Pub. L. 112–81, § 365(a), substituted “CRAF-eligible aircraft” for “transport category aircraft” and “referred to in subsection (a)” for “that has aircraft in the civil reserve air fleet”.
Subsec. (e). Pub. L. 112–81, § 365(b), added subsec. (e).
2000
Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(1), (b)], in heading substituted “Interstate Transportation” for “General” and in introductory provisions of par. (1), substituted “Except as provided in subsection (d) of this section,” for “Except as provided in subsection (b) of this section,” and struck out “of at least 31 days” after “through a contract”.
Subsecs. (b) to (d). Pub. L. 106–398, § 1 [[div. A], title III, § 385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Pub. L. 106–398, § 1 [[div. A], title III, § 385(c)], , 114 Stat. 1654, 1654A–87, provided that: “The amendments made by this section [amending this section] shall take effect on .”
Credits
1994–2011 · 3 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1121
- 2000Pub. L. 106–398, § 1 [[div. A], title III, § 385(a), (b)], , 114 Stat. 1654, 1654A–87
- 2011Pub. L. 112–81, div. A, title III, § 365, , 125 Stat. 1380.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1121; Pub. L. 106–398, § 1 [[div. A], title III, § 385(a), (b)], , 114 Stat. 1654, 1654A–87; Pub. L. 112–81, div. A, title III, § 365, , 125 Stat. 1380.)