
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[385(a),]
[Document affected by Public Law 106-398 Section 1[385(c)]]
[CITE: 49USC41106]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                  CHAPTER 411--AIR CARRIER CERTIFICATES
 
Sec. 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, Sec. 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. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  401(o); added July 12,
                                                                          1976,
 Pub. L. 94-353, Sec.  18(a), 90
                                                                          Stat.
 883.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 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.
