10 U.S.C. § 9516: Airlift service

Summary

Airlift contracts the Defense Department or a military department buys for planes that can join the Civil Reserve Air Fleet must go to air carriers that have planes in that fleet (or agree to put them there) and that hold the required federal air carrier certificate. The Transportation Secretary must act quickly on applications for that certificate. The same rule covers flights inside the U.S., flights between the U.S. and other countries, and flights between two foreign places when such a carrier is reasonably available. If the Secretary of Defense finds no qualified carrier is able and willing to provide the service, the Secretary may hire a carrier without the certificate. Within 60 days after each fiscal year ends, the Secretary must send the Armed Services committees a report naming every contract given to a carrier that did not meet the two requirements, showing the dollar value and explaining why each award was made. "CRAF-eligible aircraft" means planes the Secretary of Defense has approved for the Civil Reserve Air Fleet.

Title 10, §9516

Armed Forces, Source: USLM XML via OLRC

(a)Interstate Transportation.—

(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)Transportation Between the United States and Foreign Locations.—

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)Transportation Between Foreign Locations.—

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)Exception.—

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)Annual Report.—

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)CRAF-eligible Aircraft Defined.—

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