§9511 — Title 10 Armed Forces | U.S. Code

Summary

Defines key words used in the chapter. It tells what certain aircraft types are, who counts as a contractor, what the Civil Reserve Air Fleet is, and what “defense feature” and “Secretary” mean. “Aircraft”, “citizen of the United States”, “civil aircraft”, “person”, and “public aircraft” use the meanings in 49 U.S.C. 40102(a). A “passenger-cargo combined aircraft” is a civil plane whose main deck can carry people and cargo at the same time. A “cargo-capable aircraft” is a civil plane built so almost all its space can carry cargo or mail. A “passenger aircraft” is a civil plane meant for people and not usable mainly for cargo without major changes. A “cargo-convertible aircraft” is a passenger plane that can be quickly changed to carry cargo or mail on its main deck. The “Civil Reserve Air Fleet” means civil planes set aside for the Department of Defense under section 101 of the Defense Production Act (50 U.S.C. 4511) or made available by contract under this title to support DoD airlift. A “contractor” is a U.S. citizen who owns or will own civil aircraft and who, under a contract with the Secretary (see section 9513), adds required defense features and commits those planes to the Civil Reserve Air Fleet, or who later acquires such planes and takes on the contract duties. An “existing aircraft” is any civil plane that is not a “new aircraft.” A “new aircraft” is a civil plane that a manufacturer had not started assembling before it was covered by a contract under section 9513. “Secretary” means the Secretary of Defense. A “defense feature” is equipment or design added to make a civil plane work with the Department of Defense’s airlift system, including things that let it be converted for aeromedical use or for cargo/passenger-cargo roles. The “Civil Reserve Air Fleet program” is the DoD program that uses civil aircraft to boost military airlift.

Title 10, §9511

Armed Forces — Source: USLM XML via OLRC

In this chapter:

(1)The terms “aircraft”, “citizen of the United States”, “civil aircraft”, “person”, and “public aircraft” have the meanings given those terms by section 40102(a) of title 49.

(2)The term “passenger-cargo combined aircraft” means a civil aircraft equipped so that its main deck can be used to carry both passengers and property (including mail) simultaneously.

(3)The term “cargo-capable aircraft” means a civil aircraft equipped so that all or substantially all of the aircraft’s capacity can be used for the carriage of property or mail.

(4)The term “passenger aircraft” means a civil aircraft equipped so that its main deck can be used for the carriage of individuals and cannot be used principally, without major modification, for the carriage of property or mail.

(5)The term “cargo-convertible aircraft” means a passenger aircraft equipped or designed so that all or substantially all of the main deck of the aircraft can be readily converted for the carriage of property or mail.

(6)The term “Civil Reserve Air Fleet” means those aircraft allocated, or identified for allocation, to the Department of Defense under section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), or made available (or agreed to be made available) for use by the Department of Defense under a contract made under this title, as part of the program developed by the Department of Defense through which the Department of Defense augments its airlift capability by use of civil aircraft.

(7)The term “contractor” means a citizen of the United States (A) who owns or controls, or who will own or control, a new or existing aircraft and who contracts with the Secretary under section 9513 of this title to modify that aircraft by including or incorporating specified defense features in that aircraft and to commit that aircraft to the Civil Reserve Air Fleet, (B) who subsequently obtains ownership or control of a civil aircraft covered by such a contract and assumes all existing obligations under that contract, or (C) who owns or controls, or will own or control, new or existing aircraft and who, by contract, commits some or all of such aircraft to the Civil Reserve Air Fleet.

(8)The term “existing aircraft” means a civil aircraft other than a new aircraft.

(9)The term “new aircraft” means a civil aircraft that a manufacturer has not begun to assemble before the aircraft is covered by a contract under section 9513 of this title.

(10)The term “Secretary” means the Secretary of Defense.

(11)The term “defense feature” means equipment or design features included or incorporated in a civil aircraft which ensures the compatibility of such aircraft with the Department of Defense airlift system. Such term includes any equipment or design feature which enables such aircraft to be readily modified for use as an aeromedical aircraft or a cargo-convertible, cargo-capable, or passenger-cargo combined aircraft.

(12)The term “Civil Reserve Air Fleet program” means the program developed by the Department of Defense through which the Department of Defense augments its airlift capability by use of civil aircraft.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pars. (7), (9). Pub. L. 117–81, § 1083(c)(1)(B), substituted “section 9513” for “section 9512”. Par. (10). Pub. L. 117–81, § 1083(a)(1), amended par. (10) generally. Prior to amendment, par. (10) read as follows: “The term ‘Secretary’ means the Secretary of the Air Force.” 2016—Par. (6). Pub. L. 114–328 substituted “(50 U.S.C. 4511)” for “(50 U.S.C. App. 2071)”. 2015—Par. (12). Pub. L. 114–92 added par. (12). 1994—Pub. L. 103–355, § 3031(c), substituted “In this chapter:” for “In this subchapter:” in introductory provisions. Par. (1). Pub. L. 103–355, § 3031(b)(1)(C), which directed substitution of “section 40102 of title 49” for “section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)”, could not be executed because of the intervening amendment by Pub. L. 103–272 which substituted “section 40102(a) of title 49” for “section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)”, see below. Pub. L. 103–355, § 3031(b)(1)(A), (B), inserted “ ‘civil aircraft’,” before “ ‘person’,” and substituted “meanings” for “meaning”. Pub. L. 103–272 substituted “section 40102(a) of title 49” for “section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)”. Par. (6). Pub. L. 103–355, § 3031(b)(2), (3), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: “The term ‘civil aircraft’ means an aircraft other than a public aircraft.” Par. (7). Pub. L. 103–355, § 3031(b)(3), redesignated par. (8) as (7). Former par. (7) redesignated (6). Par. (8). Pub. L. 103–355, § 3031(b)(3), redesignated par. (9) as (8). Former par. (8) redesignated (7). Pub. L. 103–355, § 3031(a)(1), inserted “under section 9512 of this title” after “and who contracts with the Secretary” in subpar. (A) and added subpar. (C). Pars. (9), (10). Pub. L. 103–355, § 3031(b)(3), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8). Par. (11). Pub. L. 103–355, § 3031(b)(3), (4), redesignated par. (12) as (11), substituted “compatibility” for “interoperability”, and inserted “an aeromedical aircraft or” before “a cargo-convertible”. Former par. (11) redesignated (10). Par. (12). Pub. L. 103–355, § 3031(b)(3), redesignated par. (12) as (11). 1989—Par. (2). Pub. L. 101–189, § 1636(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘cargo air service’ means the carriage of property or mail on the main deck of a civil aircraft.” Par. (5). Pub. L. 101–189, § 1636(a)(2), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term ‘cargo-convertible feature’ means equipment or design features included or incorporated in a passenger aircraft that can readily enable all or substantially all of that aircraft’s main deck to be used for the carriage of property or mail.” Par. (8)(A). Pub. L. 101–189, § 1636(a)(3), substituted “a new or existing aircraft and who contracts with the Secretary to modify that aircraft by including or incorporating specified defense features” for “a civil aircraft and who contracts with the Secretary of the Air Force to modify that aircraft by including or incorporating cargo-convertible features suitable for defense purposes”. Par. (12). Pub. L. 101–189, § 1636(a)(4), added par. (12). 1988—Par. (1). Pub. L. 100–456 substituted “The terms” for “The term”. 1987—Pars. (1) to (11). Pub. L. 100–180 inserted “The term” after each par. designation, and revised first word in quotes in pars. (1) to (6) and (8) to (10) to make initial letter of each word lowercase.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentFor

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 8752 of this title.

§9511 Definitions

Summary

Title 10, §9511

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata