
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: 10USC9746]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 947--TRANSPORTATION
 
Sec. 9746. 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 airplanes operated by Air Force transport agencies or, 
within bulk space allocations made to the Department of the Air Force, 
on vessels or airplanes operated by any military transport agency of the 
Department of Defense, if--
        (1) the Secretary of the Air Force 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. 587; 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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---------------------------------
9746..................................  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 Transfer Order 26, 15 Oct. 1948, JAAF Bull. 42, 1948; JAAFAR 
4-55-1, par. 2a(1)(f), 29 Oct. 1948; AR 96-15, AFR 76-7, 5 June 1951; AR 
96-20, AFR 76-6, 11 June 1953, these transport functions also became the 
responsibility of the Secretary of the Air Force.
    Under section 2(a)(3) of the National Security Act (as it existed 
before August 10, 1949), the sea transportation functions of the Army 
and Navy, and the 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 transport vessels and airplanes 
operated by it for its sole use, the Air Force is allotted bulk space on 
vessels and airplanes operated by military transport agencies operating 
for the benefit of the Department of Defense as a whole. The words ``or, 
within bulk space allocations made to the Department of the Air Force, 
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), 
concurred in by the Judge Advocate General of the Air Force, to make 
clear that the rule applicable to vessels and airplanes applies to the 
bulk space allocated to the Air Force. Since the authority to perform 
transportation functions could again be transferred as between the 
military departments, the references to airplanes of Air Force transport 
agencies (as distinct from bulk space allocations thereon) 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.
