US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40125]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40125. Qualifications for public aircraft status

    (a) Definitions.--In this section, the following definitions apply:
        (1) Commercial purposes.--The term ``commercial purposes'' means 
    the transportation of persons or property for compensation or hire, 
    but does not include the operation of an aircraft by the armed 
    forces for reimbursement when that reimbursement is required by any 
    Federal statute, regulation, or directive, in effect on November 1, 
    1999, or by one government on behalf of another government under a 
    cost reimbursement agreement if the government on whose behalf the 
    operation is conducted certifies to the Administrator of the Federal 
    Aviation Administration that the operation is necessary to respond 
    to a significant and imminent threat to life or property (including 
    natural resources) and that no service by a private operator is 
    reasonably available to meet the threat.
        (2) Governmental function.--The term ``governmental function'' 
    means an activity undertaken by a government, such as national 
    defense, intelligence missions, firefighting, search and rescue, law 
    enforcement (including transport of prisoners, detainees, and 
    illegal aliens), aeronautical research, or biological or geological 
    resource management.
        (3) Qualified non-crewmember.--The term ``qualified non-
    crewmember'' means an individual, other than a member of the crew, 
    aboard an aircraft--
            (A) operated by the armed forces or an intelligence agency 
        of the United States Government; or
            (B) whose presence is required to perform, or is associated 
        with the performance of, a governmental function.

        (4) Armed forces.--The term ``armed forces'' has the meaning 
    given such term by section 101 of title 10.

    (b) Aircraft Owned by Governments.--An aircraft described in 
subparagraph (A), (B), (C), or (D) of section 40102(a)(37) \1\ does not 
qualify as a public aircraft under such section when the aircraft is 
used for commercial purposes or to carry an individual other than a 
crewmember or a qualified non-crewmember.
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    \1\ See References in Text note below.
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    (c) Aircraft Owned or Operated by the Armed Forces.--
        (1) In general.--Subject to paragraph (2), an aircraft described 
    in section 40102(a)(37)(E) \1\ qualifies as a public aircraft if--
            (A) the aircraft is operated in accordance with title 10;
            (B) the aircraft is operated in the performance of a 
        governmental function under title 14, 31, 32, or 50 and the 
        aircraft is not used for commercial purposes; or
            (C) the aircraft is chartered to provide transportation to 
        the armed forces and the Secretary of Defense (or the Secretary 
        of the department in which the Coast Guard is operating) 
        designates the operation of the aircraft as being required in 
        the national interest.

        (2) Limitation.--An aircraft that meets the criteria set forth 
    in paragraph (1) and that is owned or operated by the National Guard 
    of a State, the District of Columbia, or any territory or possession 
    of the United States, qualifies as a public aircraft only to the 
    extent that it is operated under the direct control of the 
    Department of Defense.

(Added Pub. L. 106-181, title VII, Sec. 702(b)(1), Apr. 5, 2000, 114 
Stat. 155.)

                       References in Text

    Section 40102(a)(37) of this title, referred to in subsecs. (b) and 
(c)(1), was redesignated section 40102(a)(41) by Pub. L. 108-176, title 
II, Sec. 225(a)(3), Dec. 12, 2003, 117 Stat. 2528.


                             Effective Date

    Section applicable only to fiscal years beginning after Sept. 30, 
1999, see section 3 of Pub. L. 106-181, set out as an Effective Date of 
2000 Amendments note under section 106 of this title.

                          Transfer of Functions

    For transfer of authorities, functions, personnel, and assets of the 
Coast Guard, including the authorities and functions of the Secretary of 
Transportation relating thereto, to the Department of Homeland Security, 
and for treatment of related references, see sections 468(b), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.

                  Section Referred to in Other Sections

    This section is referred to in section 40102 of this title.