---
kind: "section"
citation: "10 U.S.C. § 9516"
title: "10"
title_heading: "Armed Forces"
number: "9516"
heading: "Airlift service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/9516"
units:
  - "Subtitle D — Air Force and Space Force"
  - "Part IV — Service, Supply, and Procurement"
  - "Chapter 961 — Civil Reserve Air Fleet"
---

# §9516. Airlift service

- (a) **Interstate Transportation.—**
  - (1) Except as provided in [subsection (d)](#d) of this section, the transportation of passengers or property by CRAF-eligible [aircraft](/usc/10/9511.md?p=1) in interstate air transportation obtained by the [Secretary](/usc/10/9511.md?p=10) of Defense or the [Secretary](/usc/10/9511.md?p=10) of a military [department](/usc/10/101.md?p=a-6) through a contract for airlift service in the [United States](/usc/10/101.md?p=a-1) may be provided only by an air carrier that—
    - (A) has [aircraft](/usc/10/9511.md?p=1) in the [civil reserve air fleet](/usc/10/9511.md?p=6) or offers to place the [aircraft](/usc/10/9511.md?p=1) in that fleet; and
    - (B) holds a certificate issued under [section 41102 of title 49](/usc/49/41102.md).
  - (2) The [Secretary](/usc/10/9511.md?p=10) of Transportation shall act as expeditiously as possible on an application for a certificate under [section 41102 of title 49](/usc/49/41102.md) to provide airlift service.
- (b) **Transportation Between the United States and Foreign Locations.—** Except as provided in [subsection (d)](#d), the transportation of passengers or property by CRAF-eligible [aircraft](/usc/10/9511.md?p=1) between a place in the [United States](/usc/10/101.md?p=a-1) and a place outside the [United States](/usc/10/101.md?p=a-1) obtained by the [Secretary](/usc/10/9511.md?p=10) of Defense or the [Secretary](/usc/10/9511.md?p=10) of a military [department](/usc/10/101.md?p=a-6) through a contract for airlift service shall be provided by an air carrier referred to in [subsection (a)](#a).
- (c) **Transportation Between Foreign Locations.—** The transportation of passengers or property by CRAF-eligible [aircraft](/usc/10/9511.md?p=1) between two places outside the [United States](/usc/10/101.md?p=a-1) obtained by the [Secretary](/usc/10/9511.md?p=10) of Defense or the [Secretary](/usc/10/9511.md?p=10) of a military [department](/usc/10/101.md?p=a-6) through a contract for airlift service shall be provided by an air carrier referred to in [subsection (a)](#a) whenever transportation by such an air carrier is reasonably available.
- (d) **Exception.—** Subject to [subsection (e)](#e), when the [Secretary](/usc/10/9511.md?p=10) of Defense decides that no air carrier holding a certificate under [section 41102 of title 49](/usc/49/41102.md) is capable of providing, and willing to provide, the airlift service, the [Secretary](/usc/10/9511.md?p=10) 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](/usc/10/9511.md?p=10) 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)](#a-1-A) and [(B)](#a-1-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](/usc/10/9511.md?p=1)” means [aircraft](/usc/10/9511.md?p=1) of a type the [Secretary](/usc/10/9511.md?p=10) of Defense has determined to be eligible to participate in the [civil reserve air fleet](/usc/10/9511.md?p=6).

## 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.)

## Notes

### 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).