§9513 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary may, if funds are available and under chapter 137, make contracts with U.S. citizens or U.S. aircraft makers to add defense features to new or existing aircraft. Contracts must commit the aircraft to the Civil Reserve Air Fleet. While the contractor owns or controls the plane, they must operate it for the Department of Defense when the fleet is activated, and they must be paid fair and reasonable rates. Contracts must say the contractor will repay a defined share of U.S. payments if the aircraft is destroyed or unusable, if the defense features are removed or unusable, if control transfers to someone who won’t take on the contract duties, or if U.S. registration under section 44103 of title 49 ends for reasons within the contractor’s control. With the contractor’s agreement, the Secretary may hire and pay others to do the work and set needed specifications. Despite section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), covered aircraft are held exclusively for the Civil Reserve Air Fleet unless the Secretary releases them.

Title 10, §9513

Armed Forces — Source: USLM XML via OLRC

(a)Subject to the provisions of chapter 137 11 See References in Text note below. 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)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)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)(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)Notwithstanding section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Chapter 137 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganization of acquisition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of “chapter 137 legacy provisions”, see section 3016 of this title. Codification The text of subsecs. (a) and (b) of prior section 9513 of this title, which were redesignated as subsecs. (b) and (e) of this section by Pub. L. 103–355, § 3032(4), (5), was based on Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1128; amended Pub. L. 101–189, div. A, title XVI, § 1636(c)(1), Nov. 29, 1989, 103 Stat. 1610.

Prior Provisions

A prior section 9513, added Pub. L. 103–355, title III, § 3033(a), Oct. 13, 1994, 108 Stat. 3335, related to use of military installations by Civil Reserve Air Fleet contractors, prior to repeal by Pub. L. 113–291, div. A, title X, § 1045(a), Dec. 19, 2014, 128 Stat. 3494. Another prior section 9513, added Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1128; amended Pub. L. 101–189, div. A, title XVI, § 1636(c)(1), Nov. 29, 1989, 103 Stat. 1610, directed that each contract under section 9512 of this title be committed to Civil Reserve Air Fleet, prior to amendment by Pub. L. 103–355, § 3032(4), (5), (9), which struck out section catchline and redesignated subsecs. (a) and (b) as subsecs. (b) and (e) of section 9512, respectively.

Amendments

2021—Pub. L. 117–81 renumbered section 9512 of this title as this section and substituted “Secretary” for “Secretary of Defense” in subsec. (e). 2016—Subsec. (e). Pub. L. 114–328 substituted “(50 U.S.C. 4511)” for “(50 U.S.C. App. 2071)”. 1996—Subsecs. (b)(2), (e). Pub. L. 104–106 struck out “full” before “Civil Reserve Air Fleet”. 1994—Subsec. (a). Pub. L. 103–355, § 3032(1), inserted heading. Subsec. (b). Pub. L. 103–355, § 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, § 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, § 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, § 3032(3), redesignated subsec. (b) as (c) and inserted heading. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 103–355, § 3032(2), redesignated subsec. (c) as (d) and inserted heading. Subsec. (e). Pub. L. 103–355, § 3032(8), inserted heading and substituted “entered into under this section” for “under section 9512 of this title”. Pub. L. 103–355, § 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”.

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.

§9513 Contracts for the inclusion or incorporation of defense features

Summary

Title 10, §9513

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata