10 U.S.C. § 9626: Aircraft supplies and…

Summary

The Air Force can give supplies and services to foreign military or other state aircraft and be paid back later with no upfront money, if it is in the U.S.'s best interest and the foreign country gives similar help to U.S. military aircraft. That help covers routine airport services (like landing and takeoff help, refueling, runway use, parking, and loading/unloading) and other supplies such as fuel, food, spare parts, and general stores — but not ammunition. Routine airport services can be free if Air Force people and equipment provide them at no direct cost, or if there is an agreement that the foreign country will provide the same services to U.S. aircraft without payment. If a working‑capital fund activity under section 2208 provides such unpaid services and is not paid directly, it must be reimbursed from Air Force operation and maintenance funds.

Title 10, §9626

Armed Forces, Source: USLM XML via OLRC

(a)Provision of Supplies and Services on Reimbursable Basis.—

(1)The Secretary of the Air Force may, under such regulations as the Secretary may prescribe and when in the best interests of the United States, provide any of the supplies or services described in paragraph (2) to military and other state aircraft of a foreign country, on a reimbursable basis without an advance of funds, if similar supplies and services are furnished on a like basis to military aircraft and other state aircraft of the United States by the foreign country concerned.

(2)The supplies and services described in this paragraph are supplies and services as follows:

(A)Routine airport services, including landing and takeoff assistance, servicing aircraft with fuel, use of runways, parking and servicing, and loading and unloading of baggage and cargo.

(B)Miscellaneous supplies, including Air Force-owned fuel, provisions, spare parts, and general stores, but not including ammunition.

(b)Provision of Routine Airport Services on Non-Reimbursable Basis.—

(1)Routine airport services may be provided under this section at no cost to a foreign country—

(A)if such services are provided by Air Force personnel and equipment without direct cost to the Air Force; or

(B)if such services are provided under an agreement with the foreign country that provides for the reciprocal furnishing by the foreign country of routine airport services, as defined in that agreement, to military and other state aircraft of the United States without reimbursement.

(2)If routine airport services are provided under this section by a working-capital fund activity of the Air Force under section 2208 of this title and such activity is not reimbursed directly for the costs incurred by the activity in providing such services by reason of paragraph (1)(B), the working-capital fund activity shall be reimbursed for such costs out of funds currently available to the Air Force for operation and maintenance.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 962622:259 (less last sentence).May 31, 1939, ch. 161 (less last sentence), 53 Stat. 795. The last sentence is substituted for the words “except for shelter for which no charge shall be made”. The words “and equipment” are omitted as covered by the word “supplies”. 22:259 (last 22 words of 2d sentence) is omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe

Regulations

governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)

Editorial Notes

Amendments

2008—Pub. L. 110–181 amended section generally. Prior to amendment, text read as follows: “Under such conditions as he may prescribe, the Secretary of the Air Force may provide for the sale of fuel, oil, and other supplies for use in aircraft operated by a foreign military or air attaché accredited to the United States, and for the furnishing of mechanical service and other assistance to such aircraft. Shelter may be furnished to such aircraft, but only without charge.”

§9626 Aircraft Supplies and Services: Foreign Military or Other State Aircraft