
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4746]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 447--TRANSPORTATION
 
Sec. 4746. Civilian personnel in Alaska

    Persons residing in Alaska who are and have been employed there by 
the United States for at least two years, and their families, may be 
transported on vessels or airplanes operated by Army transport agencies 
or, within bulk space allocations made to the Department of the Army, on 
vessels or airplanes operated by any military transport agency of the 
Department of Defense, if--
        (1) the Secretary of the Army considers that accommodations are 
    available;
        (2) the transportation is without expense to the United States;
        (3) the transportation is limited to one round trip between 
    Alaska and the United States during any two-year period, except in 
    an emergency such as sickness or death; and
        (4) in case of travel by air--
            (A) the Secretary of Transportation has not certified that 
        commercial air carriers of the United States that can handle the 
        transportation are operating between Alaska and the United 
        States; and
            (B) the transportation cannot be reasonably handled by a 
        United States commercial air carrier.

(Aug. 10, 1956, ch. 1041, 70A Stat. 267; Pub. L. 98-443, Sec. 9(k), Oct. 
4, 1984, 98 Stat. 1708.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
4746..................................  10:1371a.                            No
v. 21, 1941, ch. 483; restated
                                                                              J
uly 25, 1947, ch. 321, 61 Stat.
                                                                              4
23.
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---------------------------------

    Before the enactment of the National Security Act of 1947, the 
transport functions covered by this section were performed only by the 
Army. Under section 2(a)(3) of the National Security Act (as it existed 
before August 10, 1949), the sea and air transportation functions of the 
Army, Navy, and Air Force were respectively consolidated into the 
``Military Sea Transportation Service'', under the Department of the 
Navy, and the ``Military Air Transport Service'', under the Department 
of the Air Force. Instead of having space on its own transport vessels 
and airplanes, the Army is now allotted bulk space on vessels and 
airplanes operated by those transport services. The words ``or, within 
bulk space allocations made to the Department of the Army, on vessels or 
airplanes operated by any military transport agency of the Department of 
Defense'' are inserted, in accordance with an opinion of the Judge 
Advocate General of the Army (JAGA 1953/5885, 22 July 1953), to make 
clear that the rule applicable to Army vessels and airplanes applies to 
the bulk space allocated to the Army. Since the authority to perform 
transportation functions could again be transferred as between the 
military departments, the reference to ``vessels or airplanes of Army 
transport agencies'' is retained. The word ``considers'' is substituted 
for the words ``in the opinion of''. The words ``Persons residing in 
Alaska who are and have been employed there by the United States'' are 
substituted for the words ``employees of the United States, residing in 
Alaska, who have been in such employment''. The word ``commercial'' is 
substituted for the word ``civil'' for clarity. The words ``from and 
after November 21, 1941'', ``and the carriage of all such air traffic 
shall be terminated'', ``dire'', ``the privilege herein granted'', and 
``as to each eligible individual'' are omitted as surplusage. The words 
``the continental'' are omitted, since section 101(1) of this title 
defines the United States as ``the States and the District of 
Columbia''.


                               Amendments

    1984--Par. (4)(A). Pub. L. 98-443 substituted ``Secretary of 
Transportation'' for ``Civil Aeronautics Board''.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) 
of Pub. L. 98-443, set out as a note under section 5314 of Title 5, 
Government Organization and Employees.
