10 U.S.C. § 9516 — Airlift service

(a) Interstate Transportation. (1) Except as provided in subsection (d), 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 aircraft in that fleet; and (B) holds a certificate issued under section 41102 of title 49. (2) The Secretary of Transportation must act as quickly 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 must be provided by an air carrier described 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 must be provided by an air carrier described 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 that does not have a certificate.
(e) Annual Report. Not later than 60 days after the end of each fiscal year, the Secretary must 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 in subparagraphs (A) and (B) of subsection (a)(1); and (2) for each such contract, (A) states the dollar value of the award and (B) gives 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. This section does not define that term.