§41106. Airlift service
(a) General.-(1) Except as provided in subsection (b) of this section, the transportation of passengers or property by transport category aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract of at least 31 days for airlift service in the United States may be provided only by an air carrier that-
(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
(B) holds a certificate issued under section 41102 of this title.
(2) 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.
(b) 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.
(
Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121
.)
Historical and Revision Notes
| Revised Section | 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.