# § 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 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.
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**Source Credit**: (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). , substituted “Subject to subsection (e), when the Secretary” for “When the Secretary”.
Subsecs. (e), (f). , (3), added subsec. (e) and redesignated former subsec. (e) as (f).