
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC9512]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                  CHAPTER 931--CIVIL RESERVE AIR FLEET
 
Sec. 9512. Contracts for the inclusion or incorporation of 
        defense features
        
    (a) Authority to Contract.--Subject to the provisions of chapter 137 
of this title, and to the extent that funds are otherwise available for 
obligation, the Secretary--
        (1) may contract with any citizen of the United States for the 
    inclusion or incorporation of defense features in any new or 
    existing aircraft to be owned or controlled by that citizen; and
        (2) may contract with United States aircraft manufacturers for 
    the inclusion or incorporation of defense features in new aircraft 
    to be operated by a United States air carrier.

    (b) Commitment to Civil Reserve Air Fleet.--Each contract entered 
into under this section shall provide--
        (1) that any aircraft covered by the contract shall be committed 
    to the Civil Reserve Air Fleet;
        (2) that, so long as the aircraft is owned or controlled by a 
    contractor, the contractor shall operate the aircraft for the 
    Department of Defense as needed during any activation of the Civil 
    Reserve Air Fleet, notwithstanding any other contract or commitment 
    of that contractor; and
        (3) that the contractor operating the aircraft for the 
    Department of Defense shall be paid for that operation at fair and 
    reasonable rates.

    (c) Terms and Required Repayment.--Each contract entered into under 
subsection (a) shall include a provision that requires the contractor to 
repay to the United States a percentage (to be established in the 
contract) of any amount paid by the United States to the contractor 
under the contract with respect to any aircraft if--
        (1) the aircraft is destroyed or becomes unusable, as defined in 
    the contract;
        (2) the defense features specified in the contract are rendered 
    unusable or are removed from the aircraft;
        (3) control over the aircraft is transferred to any person that 
    is unable or unwilling to assume the contractor's obligations under 
    the contract; or
        (4) the registration of the aircraft under section 44103 of 
    title 49 is terminated for any reason not beyond the control of the 
    contractor.

    (d) Authority To Contract and Pay Directly.--(1) A contract under 
subsection (a) for the inclusion or incorporation of defense features in 
an aircraft may include a provision authorizing the Secretary--
        (A) to contract, with the concurrence of the contractor, 
    directly with another person for the performance of the work 
    necessary for the inclusion or incorporation of defense features in 
    such aircraft; and
        (B) to pay such other person directly for such work.

    (2) A contract entered into pursuant to paragraph (1) may include 
such specifications for work and equipment as the Secretary considers 
necessary to meet the needs of the United States.
    (e) Exclusivity of Commitment to Civil Reserve Air Fleet.--
Notwithstanding section 101 of the Defense Production Act of 1950 (50 
U.S.C. App. 2071), each aircraft covered by a contract entered into 
under this section shall be committed exclusively to the Civil Reserve 
Air Fleet for use by the Department of Defense as needed during any 
activation of the Civil Reserve Air Fleet unless the aircraft is 
released from that use by the Secretary of Defense.

(Added Pub. L. 97-86, title IX, Sec. 915(2), Dec. 1, 1981, 95 Stat. 
1126; amended Pub. L. 98-525, title XIV, Sec. 1405(57), Oct. 19, 1984, 
98 Stat. 2626; Pub. L. 101-189, div. A, title XVI, Sec. 1636(b), Nov. 
29, 1989, 103 Stat. 1609; Pub. L. 103-272, Sec. 5(b)(3), July 5, 1994, 
108 Stat. 1373; Pub. L. 103-355, title III, Sec. 3032(1)-(8), Oct. 13, 
1994, 108 Stat. 3334, 3335; Pub. L. 104-106, div. A, title X, Sec. 1087, 
Feb. 10, 1996, 110 Stat. 458.)

                          Codification

    The text of subsecs. (a) and (b) of section 9513 of this title, 
which were redesignated as subsecs. (b) and (e) of this section by Pub. 
L. 103-355, Sec. 3032(4), (5), was based on Pub. L. 97-86, title IX, 
Sec. 915(2), Dec. 1, 1981, 95 Stat. 1128; amended Pub. L. 101-189, div. 
A, title XVI, Sec. 1636(c)(1), Nov. 29, 1989, 103 Stat. 1610.


                               Amendments

    1996--Subsecs. (b)(2), (e). Pub. L. 104-106 struck out ``full'' 
before ``Civil Reserve Air Fleet''.
    1994--Subsec. (a). Pub. L. 103-355, Sec. 3032(1), inserted heading.
    Subsec. (b). Pub. L. 103-355, Sec. 3032(6), inserted heading and 
substituted ``entered into under this section'' for ``under section 9512 
of this title'' in introductory provisions.
    Pub. L. 103-355, Sec. 3032(4), redesignated subsec. (a) of section 
9513 of this title as subsec. (b) of this section. Former subsec. (b) 
redesignated (c). See Codification note above.
    Subsec. (b)(4). Pub. L. 103-272 substituted ``section 44103 of title 
49'' for ``section 501 of the Federal Aviation Act of 1958 (49 U.S.C. 
App. 1401)''.
    Subsec. (c). Pub. L. 103-355, Sec. 3032(7), struck out ``the terms 
required by section 9513 of this title and'' before ``a provision that 
requires the contractor'' in introductory provisions.
    Pub. L. 103-355, Sec. 3032(3), redesignated subsec. (b) as (c) and 
inserted heading. Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 103-355, Sec. 3032(2), redesignated subsec. (c) 
as (d) and inserted heading.
    Subsec. (e). Pub. L. 103-355, Sec. 3032(8), inserted heading and 
substituted ``entered into under this section'' for ``under section 9512 
of this title''.
    Pub. L. 103-355, Sec. 3032(5), redesignated subsec. (b) of section 
9513 of this title as subsec. (e) of this section. See Codification note 
above.
    1989--Pub. L. 101-189 substituted ``Contracts for the inclusion or 
incorporation of defense features'' for ``Contracts to modify aircraft: 
cargo-convertible features'' as section catchline and amended text 
generally, substituting subsecs. (a) to (c) for former subsecs. (a) to 
(e).
    1984--Subsec. (b)(1). Pub. L. 98-525 substituted ``App. 1401'' for 
``1401''.


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.

                  Section Referred to in Other Sections

    This section is referred to in section 9511 of this title.
