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10 U.S.C. § 9516 — Airlift service

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9516 — Airlift service

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Stable record: federal_law:legal_authorities:record_usc_e6ea31381089fd2a400d7011
Source file: Laws/federal/codes/united-states-code/title-10/section-9516-airlift-service--9763fda342.md
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Source location: Title 10, Chapter 961, § 9516; chapter-961-civil-reserve-air-fleet.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim). (2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under [section 41102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41102 — General, temporary, and charter air transportation certificates of air carriers

**(a) Issuance.—** The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United States authorizing the citizen to provide any part of the following air transportation the citizen has applied for under [section 41108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41108&num=0&edition=prelim): (1) air transportation as an air carrier. (2) temporary air transportation as an air carrier for a limited period. (3) charter air transportation as a charter air carrier. **(b) Findings Required for Issuance.—** (1) Before issuing a certificate under subsection (a) of this section, the Secretary must find that the citizen is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this part and regulations of the Secretary. (2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity. **(c) Temporary Certificates.—** The Secretary may issue a certificate under subsection (a) of this section for interstate air transportation (except the transportation of passengers) or foreign air transportation for a temporary period of time (whether the application is for permanent or temporary authority) when the Secretary decides that a test period is desirable— (1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or (2) to evaluate the new transportation. **(d) Foreign Air Transportation.—** The Secretary shall submit e

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41102

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9516 — Airlift service

Page 3553 TITLE 10—ARMED FORCES § 9516 ment are unavailable for usage by the Depart- ment of Defense, including during periods of re- fused business or suspended operations or when such carrier is placed in nonuse status pursuant to section 2640 of this title for safety reasons. (g) DISTRIBUTION OF AMOUNTS.—If any amount available under this section for the minimum purchase of charter air transportation services from a carrier or air carrier contractor team ar- rangement for a fiscal year under a contract under subsection (c) is not utilized to purchase charter air transportation services from the car- rier or arrangement in such fiscal year, such amount shall be provided to the carrier or ar- rangement before the first day of the following fiscal year. (h) COMMITMENT OF FUNDS.—(1) The Secretary of each military department shall transfer to the transportation working capital fund a per- centage of the total amount anticipated to be required in such fiscal year for the payment of minimum purchase amounts under all contracts awarded under subsection (c) for such fiscal year equivalent to the percentage of the anticipated use of charter air transportation services by such military department during such fiscal year from all carriers under contracts awarded under subsection (c) for such fiscal year. (2) Any amounts required to be transferred under paragraph (1) shall be transferred by the last day of the fiscal year concerned to meet the requirements of subsection (g) unless minimum purchase amounts have already been distributed by the Secretary under subsection (g) as of that date. (i) AVAILABILITY OF AIRLIFT SERVICES.—(1) From the total amount of charter air transpor- tation services available for a fiscal year under all contracts awarded un

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9516

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