§9516 — Title 10 Armed Forces | U.S. Code

Summary

The Defense Department must use only civilian airlines that both have or offer planes for the Civil Reserve Air Fleet and have an official operating certificate from the U.S. Department of Transportation when it hires airlift service for moving people or cargo in the United States. The same rule applies for trips between the United States and other countries, and for trips between two foreign places when such certified carriers are reasonably available. The Transportation Secretary must act quickly on applications for the operating certificate. If no certified carrier can or will do the job, the Defense Secretary may hire an uncertified carrier. Within 60 days after each fiscal year ends, the Secretary must send a report to the Senate and House Armed Services Committees listing each contract awarded to a carrier that did not meet the two requirements, giving the dollar value and a detailed explanation for each award. CRAF-eligible aircraft means types the Defense Secretary says may join the Civil Reserve Air Fleet.

Title 10, §9516

Armed Forces — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract 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 title 49.

(2)The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of title 49 to provide airlift service.

(b)Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).

(c)The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.

(d)Subject to subsection (e), when the Secretary of Defense decides that no air carrier holding a certificate under section 41102 of title 49 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.

(e)Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—

(1)identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and

(2)for each such contract—

(A)specifies the dollar value of the award; and

(B)provides a detailed explanation of the reasons for the award.

(f)In this section, “CRAF-eligible aircraft” means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.

Editorial Notes

Amendments

2021—Subsec. (d). Pub. L. 117–81, § 1083(b)(1), substituted “Subject to subsection (e), when the Secretary” for “When the Secretary”. Subsecs. (e), (f). Pub. L. 117–81, § 1083(b)(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f).

§9516 Airlift service

Summary

Title 10, §9516

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata