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 under subsection (c) for such fiscal year, a military department shall be entitled to obtain a percentage of such services equal to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (h). (2) A military department may transfer any entitlement to charter air transportation serv- ices under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense. (j) DEFINITION.—In this section, the term ‘‘charter air transportation’’ has the meaning given such term in section 40102(14) of title 49. (Added Pub. L. 110–417, [div. A], title X, § 1033(a), Oct. 14, 2008, 122 Stat. 4591; amended Pub. L. 111–383, div. A, title X, § 1075(b)(50), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 112–239, div. A, title X, §§ 1055, 1076(b)(4), (f)(44), Jan. 2, 2013, 126 Stat. 1938, 1949, 1955; Pub. L. 116–283, div. A, title III, § 342, Jan. 1, 2021, 134 Stat. 3538; Pub. L. 117–81, div. A, title X, § 1083(a)(2)(C), Dec. 27, 2021, 135 Stat. 1922.) Editorial Notes REFERENCES IN TEXT Section 356 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (b), is section 356 of Pub. L. 110–181, div. A, title III, Jan. 28, 2008, 122 Stat. 74, which is not classified to the Code. AMENDMENTS 2021—Pub. L. 117–81 substituted ‘‘Secretary’’ for ‘‘Sec- retary of Defense’’ wherever appearing. Subsec. (k). Pub. L. 116–283 struck out subsec. (k). Text read as follows: ‘‘The authorities in this section shall expire on December 31, 2020.’’ 2013—Subsec. (a)(3). Pub. L. 112–239, § 1055(b)(1), struck out ‘‘passenger’’ after ‘‘commercial air’’. Subsec. (b). Pub. L. 112–239, § 1076(f)(44), substituted ‘‘required by section 356 of the National Defense Au- thorization Act for Fiscal Year 2008’’ for ‘‘required by section 1356 of the National Defense Authorization Act for Fiscal Year 2008’’. Subsec. (j). Pub. L. 112–239, § 1076(b)(4), made technical amendment to directory language of Pub. L. 111–383, § 1075(b)(50)(C). See 2011 Amendment note below. Pub. L. 112–239, § 1055(b)(2), struck out ‘‘, except that it only means such transportation for which the Sec- retary of Defense has entered into a contract for the purpose of passenger travel’’ before period at end. Subsec. (k). Pub. L. 112–239, § 1055(a), substituted ‘‘De- cember 31, 2020’’ for ‘‘December 31, 2015’’. 2011—Subsec. (b). Pub. L. 111–383, § 1075(b)(50)(A), which directed substitution of ‘‘section 1356 of the Na- tional Defense Authorization Act for Fiscal Year 2008’’ for ‘‘Section 1356 of the National Defense Authorization Act for 2008’’ was executed by making the substitution for ‘‘Section 356 of the National Defense Authorization Act for 2008’’ to reflect the probable intent of Congress. Subsec. (f)(2). Pub. L. 111–383, § 1075(b)(50)(B), sub- stituted ‘‘arrangement under paragraph (1)’’ for ‘‘ar- rangement under paragraph (2)’’. Subsec. (j). Pub. L. 111–383, § 1075(b)(50)(C), as amended by Pub. L. 112–239, § 1076(b)(4), struck out ‘‘United States Code,’’ after ‘‘title 49,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by section 1076(b)(4) of Pub. L. 112–239 ef- fective Jan. 7, 2011, and as if included in Pub. L. 111–383 as enacted. REPORT TO CONGRESS; LIMITATION ON EXERCISE OF AUTHORITY Pub. L. 110–417, [div. A], title X, § 1033(c), Oct. 14, 2008, 122 Stat. 4593, provided that: ‘‘(1) REPORT.—The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a written report on the actions taken under subsections (a) and (b) of sec- tion 9515 of title 10, United States Code, as added by subsection (a), along with the anticipated risks and benefits of such actions. ‘‘(2) LIMITATION.—No authority under subsections (c) through (I) [sic] of such section may be implemented until 30 days after the date on which the Secretary sub- mits the report required under paragraph (1).’’ § 9516. Airlift service (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 trans- portation 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 Page 3554 TITLE 10—ARMED FORCES § 9517 for a certificate under section 41102 of title 49 to provide airlift service. (b) TRANSPORTATION BETWEEN THE UNITED STATES AND FOREIGN LOCATIONS.—Except as pro- vided 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 Sec- retary of Defense or the Secretary of a military department through a contract for airlift serv- ice shall be provided by an air carrier referred to in subsection (a). (c) TRANSPORTATION BETWEEN FOREIGN LOCA- TIONS.—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 mili- tary department through a contract for airlift service shall be provided by an air carrier re- ferred to in subsection (a) whenever transpor- tation by such an air carrier is reasonably avail- able. (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 will- ing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certifi- cate. (e) ANNUAL REPORT.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representa- tives a report that— (1) identifies each contract for airlift serv- ices awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of sub- section (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 deter- mined to be eligible to participate in the civil reserve air fleet. (Added Pub. L. 113–291, div. A, title X, § 1042(a), Dec. 19, 2014, 128 Stat. 3492; amended Pub. L. 117–81, div. A, title X, § 1083(b), Dec. 27, 2021, 135 Stat. 1922.) Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 117–81, § 1083(b)(1), sub- stituted ‘‘Subject to subsection (e), when the Sec- retary’’ 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). § 9517. Level of readiness of Civil Reserve Air Fleet carriers The Civil Reserve Air Fleet program is an im- portant component of the military airlift sys- tem in support of United States defense and for- eign policies, and it is the policy of the United States to maintain the readiness and interoper- ability of Civil Reserve Air Fleet carriers by providing appropriate levels of peacetime airlift augmentation to maintain networks and infra- structure, exercise the system, and interface ef- fectively within the military airlift system. (Added Pub. L. 114–92, div. A, title X, § 1085(b)(1), Nov. 25, 2015, 129 Stat. 1005.) Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 114–92, div. A, title X, § 1085(a), Nov. 25, 2015, 129 Stat. 1004, provided that: ‘‘Congress finds the fol- lowing: ‘‘(1) The National Airlift Policy states that ‘[t]he national defense airlift objective is to ensure that military and civil airlift resources will be able to meet defense mobilization and deployment require- ments in support of US defense and foreign policies.’. ‘‘(2) The National Airlift Policy also emphasizes the need for ‘dialogue and cooperation with our national aviation industry,’ and it states that ‘[i]t is of par- ticular importance that the aviation industry be ap- prised by the Department of Defense of long-term re- quirements for airlift in support of national defense.’. ‘‘(3) The National Airlift Policy emphasizes the im- portance of both military and civil airlift resources and their interdependence in the fulfillment of the national defense airlift objective, and it states that the ‘Department of Defense shall establish appro- priate levels for peacetime cargo airlift augmenta- tion in order to promote the effectiveness of Civil Re- serve Air Fleet and provide training within the mili- tary airlift system.’. ‘‘(4) Civil Reserve Air Fleet carriers continue to be an important component of the military airlift sys- tem in support of United States defense and foreign policies.’’ CHAPTER 963—PROCUREMENT Sec. 9531. Commercial Augmentation Space Reserve. 9532. Factories, arsenals, and depots: manufacture at. [9534, 9535. Repealed.] 9536. Equipment: bakeries, schools, kitchens, and mess halls. [9537, 9538. Repealed.] 9540. Architectural and engineering services. [9541. Repealed.] Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title XVI, § 1602(a), Dec. 23, 2024, 138 Stat. 2158, added item 9531. Amendment was made pursuant to operation of section 102 of this title. 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 933 of this title as this chapter. 1993—Pub. L. 103–160, div. A, title VIII, § 828(a)(9), Nov. 30, 1993, 107 Stat. 1713, struck out items 9531, ‘‘Author- ization’’, 9534, ‘‘Subsistence supplies: contract stipula- tions; place of delivery on inspection’’, 9535, ‘‘Excep- tional subsistence supplies: purchases without adver- tising’’, 9537, ‘‘Military surveys and maps: assistance of United States mapping agencies’’, 9538, ‘‘Unserviceable ammunition: exchange and reclamation’’, and 9541, ‘‘Gratuitous services of officers of the Air Force Re- serve’’. 1982—Pub. L. 97–258, § 2(b)(13)(A), Sept. 13, 1982, 96 Stat. 1058, added item 9541. Statutory Notes and Related Subsidiaries PILOT PROGRAM TO COMMERCIALIZE PROTOTYPES OF THE DEPARTMENT OF THE AIR FORCE Pub. L. 118–31, div. A, title II, § 230, Dec. 22, 2023, 137 Stat. 202, provided that: