Sec. 1082. Transportation of supplies for the United States by aircraft operated by United States air carriers
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/bill/113/hr/1960/rh/section-1082·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 157 of title 10, United States Code, is amended by inserting after section 2631a the following new section: Only aircraft owned by the United States, or aircraft operated by or under the supervision of United States air carriers holding a certificate under section 41102 of title 49 and registered in the Civil Reserve Air Fleet, may be used for the transportation by air of supplies on behalf of any component of the Department of Defense. However, if the President finds that the rates charged for the use of those aircraft is excessive or otherwise unreasonable, contracts for transportation may be made as otherwise provided by law.
Charges made for the transportation of those supplies by those aircraft may not be higher than the charges made for transporting like goods for private persons. The preference under subsection
(a)shall not apply to outsize or oversize cargoes if no air carrier registered in the Civil Reserve Air Fleet nor any aircraft owned by the United States is capable and available of transporting such a cargo. The Secretary of Defense shall ensure that, to the maximum extent practicable, outsize and oversize cargoes are transported by aircraft owned and operated by the United States or by air carriers in the Civil Reserve Air Fleet. Not later than March 30 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on outsize and oversize cargo flights. Each such report shall include, for the year covered by the report, each of the following: The number of outsize and oversize cargo flights, including the number of flights and tonnage of each flight, flown both by aircraft owned and operated by the United States and by carriers in the Civil Reserve Air Fleet. For any cargo carried by aircraft that is neither owned and operated by the United States nor by an air carrier in the Civil Reserve Air Fleet, an explanation for the use of such a carrier. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2631a the following new item: 2631b. Supplies: preference to United States aircraft. . Chapter 401 of title 49, United States Code, is amended by adding at the end the following new section: Consistent with the provisions of section 40118 of title 49, when the United States procures, enters into a contract for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or person without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any person unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities which may be transported on fixed wing aircraft are transported on privately-owned commercial aircraft that are owned, operated, or otherwise supervised by air carriers holding a certificate under section 41102 of this title and registered in the Civil Reserve Air Fleet, to the extent those aircraft are appropriate and available at fair and reasonable rates. The requirements of this section shall not apply to any equipment, materials, or commodities transported for the use of the military services of the United States or to respond to a humanitarian disaster. For purposes of this subsection, the term humanitarian disaster means a man-made or natural occurrence that causes loss of life, health, property, or livelihood, inflicting severe destruction and distress. The President, the Secretary of Transportation, or the Secretary of State, in coordination with the Secretary of Defense, as appropriate, may issue a temporary waiver of this section— to respond to an emergency; or if such a waiver is in the national interests of the United States. The President, the Secretary of Transportation, or the Secretary of State, as appropriate, shall notify the following Committees within 30 days of exercising a waiver under paragraph (1): The Committees on Armed Services and Appropriations of the Senate and the House of Representatives. The Committee on Commerce, Science, and Transportation of the Senate. The Committee on Transportation and Infrastructure of the House of Representatives. The Committee on Foreign Relations of the Senate. The Committee on Foreign Affairs of the House of Representatives. Any waiver issued under paragraph
(1)shall expire not later than 180 days after the date on which it is issued. The President, the Secretary of Transportation, or the Secretary of State, as appropriate, may renew an expired or expiring waiver as long as the President or Secretary provides notice to the committees referred to in paragraph
(2)in accordance with that paragraph. Each department or agency of the Government shall administer its air transport operations according to regulations and guidance issued by the Secretary of Transportation. The Secretary of Transportation may impose on any person violating this section, or a regulation issued under this section, a civil penalty of up to $25,000 for each violation knowingly committed, with each day of a continuing violation following the initial shipment to be a separate violation. . The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 40131. Air transportation procured by the United States Government. .