Chap. PART IV-SERVICE, SUPPLY, AND 931. Industrial Mobilization, Research, and Development 933. Procurement * Sec. 9511 9531 Sec. CHAPTER 931-CIVIL RESERVE AIR FLEET [9501 to 9507. 9511. 9512. 9513. 9514. Repealed.] Definitions. Contracts for the inclusion or incorporation of defense features. Use of military installations by Civil Reserve Air Fleet contractors. Indemnification of Department of Transportation for losses covered by defense-related aviation insurance. [§§ 9501-9507. Repealed. P.L. 103-160, §§ 822(a)(2), (b)(3), (c)(2), 823(1), 827(c), Nov. 30, 1993, 107 Stat. 1705, 1706, 1707, 1713] § 9511. Definitions 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 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. (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. App. 2071), 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 9512 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 9512 of this title. (10) The term "Secretary" means the Secretary of the Air Force. (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. (Added P.L. 97-86, §915(2), Dec. 1, 1981, 95 Stat. 1125, and amended P.L. 100-180, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; P.L. 100-456, § 1233(k)(2), Sept. 29, 1988, 102 Stat. 2058; P.L. 101-189, § 1636(a), Nov. 29, 1989, 103 Stat. 1609; P.L. 103–272, § 5(b)(2), July 5, 1994, 108 Stat. 1373; P.L. 103-355, § 3031(a), Oct. 13, 1994, 108 Stat. 3334.) § 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 P.L. 97-86, §915(2), Dec. 1, 1981, 95 Stat. 1126, and amended P.L. 98-525, § 1405(57) Oct. 19, 1984, 98 Stat. 2626; amended in entirety P.L. 101-189, § 1636(b), Nov. 29, 1989, 103 Stat. 1609; P.L. 103-272, §5(b)(3), July 5, 1994, 108 Stat. 1373; P.L. 103-355, §3032, Oct. 13, 1994, 108 Stat. 3334; P.L. 104-106, § 1087, Feb. 10, 1996, 110 Stat. 458.) § 9513. Use of military installations by Civil Reserve Air Fleet contractors (a) CONTRACT AUTHORITY.-(1) The Secretary of the Air Force (A) may, by contract entered into with any contractor, authorize such contractor to use one or more Air Force installations designated by the Secretary; and (B) with the consent of the Secretary of another military department, may, by contract entered into with any contractor, authorize the contractor to use one or more installations, designated by the Secretary of the Air Force, that is under the jurisdiction of the Secretary of such other military department. (2) The Secretary of the Air Force may include in the contract such terms and conditions as the Secretary determines appropriate to promote the national defense or to protect the interests of the United States. (b) PURPOSES OF USE.-A contract entered into under subsection (a) may authorize use of a designated installation as a weather alternate, as a technical stop not involving the enplaning or deplaning of passengers or cargo, or, in the case of an installation within the United States, for other commercial purposes. Notwithstanding any other provision of the law, the Secretary may establish different levels and types of uses for different installations |