US (United States) Code. Title 10. Subtitle D: Air Force. Chapter 947: Transportation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Service, supply and procurement

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10 USC CHAPTER 947 - TRANSPORTATION 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 947 - TRANSPORTATION

.

-HEAD-

CHAPTER 947 - TRANSPORTATION

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Sec.

9741. Control and supervision.

(9742. Repealed.)

9743. Officers: use of transportation.

9746. Civilian personnel in Alaska.

(9748. Repealed.)

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title IX, Sec. 906(d)(3), Sept.

23, 1996, 110 Stat. 2620, struck out item 9742 ''Control of

transportation systems in time of war''.

1962 - Pub. L. 87-651, title I, Sec. 129(2), Sept. 7, 1962, 76

Stat. 514, struck out item 9748 ''Motor vehicles: for members on

permanent change of station''.

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10 USC Sec. 9741 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 947 - TRANSPORTATION

-HEAD-

Sec. 9741. Control and supervision

-STATUTE-

The transportation of members, munitions of war, equipment,

military property, and stores of the Air Force throughout the

United States shall be under the immediate control and supervision

of the Secretary of the Air Force and agents appointed or

designated by him.

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(Aug. 10, 1956, ch. 1041, 70A Stat. 587.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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9741 10:1363. R.S. 220.

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10 USC Sec. 9742 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 947 - TRANSPORTATION

-HEAD-

(Sec. 9742. Repealed. Pub. L. 104-201, div. A, title IX, Sec.

906(c), Sept. 23, 1996, 110 Stat. 2620)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 587, authorized

President, through Secretary of the Air Force, to assume control of

any transportation system in time of war. See section 2644 of this

title.

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10 USC Sec. 9743 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 947 - TRANSPORTATION

-HEAD-

Sec. 9743. Officers: use of transportation

-STATUTE-

Under such conditions as the Secretary of the Air Force may

prescribe, officers of the Air Force may, in the performance of

their duties, use means of transportation provided for the Air

Force and its supplies.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 587.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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9743 10:749. Mar. 3, 1911, ch.

209 (5th proviso

under

''Transportation of

The Army and Its

Supplies''), 36

Stat. 1051.

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Since its legislative history shows that it was enacted because

the Comptroller of the Treasury had disallowed certain accounts for

travel expenses (46 Congressional Record, pp. 905-913, 4643-4645),

the source statute is restated to preclude future disallowances.

The words ''official and military'' are omitted as surplusage.

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10 USC Sec. 9746 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 947 - TRANSPORTATION

-HEAD-

Sec. 9746. Civilian personnel in Alaska

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 587; Pub. L. 98-443, Sec. 9(k),

Oct. 4, 1984, 98 Stat. 1708.)

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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. Nov. 21, 1941, ch.

483; restated July

25, 1947, ch. 321,

61 Stat. 423.

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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.

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10 USC Sec. 9748 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 947 - TRANSPORTATION

-HEAD-

(Sec. 9748. Repealed. Pub. L. 87-651, title I, Sec. 129(1), Sept.

7, 1962, 76 Stat. 514)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 588, related to

transportation of motor vehicles for members on permanent change of

station, and is now covered by section 2634 of this title.

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