Collapse to view only § 9511. Definitions
- § 9511. Definitions
- [§ 9511a. Renumbered § 9512]
- § 9512. Civil Reserve Air Fleet contracts: payment rate
- § 9513. Contracts for the inclusion or incorporation of defense features
- § 9514. Indemnification of Department of Transportation for losses covered by defense-related aviation insurance
- § 9515. Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
- § 9516. Airlift service
- § 9517. Level of readiness of Civil Reserve Air Fleet carriers
§ 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 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.
(Added Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1125; amended Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100–456, div. A, title XII, § 1233(k)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–189, div. A, title XVI, § 1636(a), Nov. 29, 1989, 103 Stat. 1609; Pub. L. 103–272, § 5(b)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–355, title III, § 3031, Oct. 13, 1994, 108 Stat. 3334; Pub. L. 114–92, div. A, title X, § 1085(b)(3), Nov. 25, 2015, 129 Stat. 1005; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(C), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 117–81, div. A, title X, § 1083(a)(1), (c)(1)(B), Dec. 27, 2021, 135 Stat. 1922, 1923.)
[§ 9511a. Renumbered § 9512]
§ 9512. Civil Reserve Air Fleet contracts: payment rate
(a)Authority.—The Secretary shall determine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet program.
(b)Regulations.—The Secretary shall prescribe regulations for purposes of subsection (a). The Secretary may exclude from the applicability of those regulations any airlift services contract made through the use of competitive procedures.
(c)Commitment of Aircraft as a Business Factor.—The Secretary may, in determining the quantity of business to be received under an airlift services contract for which the rate of payment is determined in accordance with subsection (a), use as a factor the relative amount of airlift capability committed by each air carrier to the Civil Reserve Air Fleet.
(d)Inapplicable Provisions of Law.—An airlift services contract for which the rate of payment is determined in accordance with subsection (a) shall not be subject to the provisions of chapter 271 of this title or to the provisions of subsections (a) and (b) of section 1502 of title 41.
(Added Pub. L. 112–81, div. A, title III, § 366(a), Dec. 31, 2011, 125 Stat. 1380, § 9511a; amended Pub. L. 116–283, div. A, title XVIII, § 1831(j)(6), Jan. 1, 2021, 134 Stat. 4217; renumbered § 9512 and amended Pub. L. 117–81, div. A, title X, § 1083(a)(2)(A), (c)(1)(A), Dec. 27, 2021, 135 Stat. 1922, 1923.)
§ 9513. Contracts for the inclusion or incorporation of defense features
(a)Authority to Contract.—Subject to the provisions of chapter 137 1
1 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)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. 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.
(Added Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1126, § 9512; amended Pub. L. 98–525, title XIV, § 1405(57), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101–189, div. A, title XVI, § 1636(b), Nov. 29, 1989, 103 Stat. 1609; Pub. L. 103–272, § 5(b)(3), July 5, 1994, 108 Stat. 1373; Pub. L. 103–355, title III, § 3032(1)–(8), Oct. 13, 1994, 108 Stat. 3334, 3335; Pub. L. 104–106, div. A, title X, § 1087, Feb. 10, 1996, 110 Stat. 458; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(D), Dec. 23, 2016, 130 Stat. 2419; renumbered § 9513 and amended Pub. L. 117–81, div. A, title X, § 1083(a)(2)(B), (c)(1)(A), Dec. 27, 2021, 135 Stat. 1922, 1923.)
§ 9514. Indemnification of Department of Transportation for losses covered by defense-related aviation insurance
(a)Prompt Indemnification Required.—
(1) In the event of a loss that is covered by defense-related aviation insurance, the Secretary of Defense shall promptly indemnify the Secretary of Transportation for the amount of the loss consistent with the indemnification agreement between the two Secretaries that underlies such insurance. The Secretary of Defense shall make such indemnification—
(A) in the case of a claim for the loss of an aircraft hull, not later than 30 days after the date on which the Secretary of Transportation determines the claim to be payable or that amounts are due under the policy that provided the defense-related aviation insurance; and
(B) in the case of any other claim, not later than 180 days after the date on which the Secretary of Transportation determines the claim to be payable.
(2) When there is a loss of an aircraft hull that is (or may be) covered by defense-related aviation insurance, the Secretary of Transportation may make, during the period when a claim for such loss is pending with the Secretary of Transportation, any required periodic payments owed by the insured party to a lessor or mortgagee of such aircraft. Such payments shall commence not later than 30 days following the date of the presentment of the claim for the loss of the aircraft hull to the Secretary of Transportation. If the Secretary of Transportation determines that the claim is payable, any amount paid under this paragraph arising from such claim shall be credited against the amount payable under the aviation insurance. If the Secretary of Transportation determines that the claim is not payable, any amount paid under this paragraph arising from such claim shall constitute a debt to the United States, payable to the insurance fund. Any such amounts so returned to the United States shall be promptly credited to the fund or account from which the payments were made under this paragraph.
(b)Source of Funds for Payment of Indemnity.—The Secretary of Defense may pay an indemnity described in subsection (a) from any funds available to the Department of Defense for operation and maintenance, and such sums as may be necessary for payment of such indemnity are hereby authorized to be transferred to the Secretary of Transportation for such purpose.
(c)Notice to Congress.—In the event of a loss that is covered by defense-related aviation insurance in the case of an incident in which the covered loss is (or is expected to be) in an amount in excess of $10,000,000, the Secretary of Defense shall submit to Congress notification of the loss as soon after the occurrence of the loss as possible and in no event more than 30 days after the date of the loss.
(d)Implementing Matters.—
(1) Payment of indemnification under this section is not subject to section 2214 or 2215 of this title or any other provision of law requiring notification to Congress before funds may be transferred.
(2) Consolidation of claims arising from the same incident is not required before indemnification of the Secretary of Transportation for payment of a claim may be made under this section.
(e)Construction With Other Transfer Authority.—Authority to transfer funds under this section is in addition to any other authority provided by law to transfer funds (whether enacted before, on, or after the date of the enactment of this section) and is not subject to any dollar limitation or notification requirement contained in any other such authority to transfer funds.
(f)Definitions.—In this section:
(1)Defense-related aviation insurance.—The term “defense-related aviation insurance” means aviation insurance and reinsurance provided through policies issued by the Secretary of Transportation under chapter 443 of title 49 that pursuant to section 44305(b) of that title is provided by that Secretary without premium at the request of the Secretary of Defense and is covered by an indemnity agreement between the Secretary of Transportation and the Secretary of Defense.
(2)Loss.—The term “loss” includes damage to or destruction of property, personal injury or death, and other liabilities and expenses covered by the defense-related aviation insurance.
(Added Pub. L. 104–201, div. A, title X, § 1079(a)(1), Sept. 23, 1996, 110 Stat. 2667; amended Pub. L. 108–136, div. A, title X, § 1031(a)(60), Nov. 24, 2003, 117 Stat. 1603; Pub. L. 112–81, div. A, title X, § 1064(10), Dec. 31, 2011, 125 Stat. 1587; Pub. L. 117–81, div. A, title X, § 1083(c)(1)(C), Dec. 27, 2021, 135 Stat. 1923.)
§ 9515. Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
(a)In General.—The Secretary shall take steps to—
(1) improve the predictability in Department of Defense charter requirements;
(2) strengthen Civil Reserve Airlift Fleet participation to assure adequate capacity is available to meet steady-state, surge and mobilization requirements; and
(3) provide incentives for commercial air carriers to provide newer, more efficient and reliable aircraft for Department of Defense service rather than older, fully depreciated aircraft.
(b)Consideration of Recommendations.—In carrying out subsection (a), the Secretary shall consider the recommendations on courses of action for the Civil Reserve Air Fleet as outlined in the report required by section 356 of the National Defense Authorization Act for Fiscal Year 2008 (
(c)Contracts for Charter Air Transportation Services.—The Secretary may award to an air carrier or an air carrier contractor team arrangement participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for charter air transportation services with a minimum purchase amount under such contract determined in accordance with this section.
(d)Eligible Charter Air Transportation Carriers.—In order to be eligible for payments under the minimum purchase amount provided by this section, an air carrier (or any air carrier participating in an air carrier contractor team arrangement)—
(1) if under contract with the Department of Defense in the prior fiscal year, shall have an average on-time pick up rate, based on factors within such air carrier’s control, of at least 90 percent;
(2) shall offer such amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation in the Civil Reserve Air Fleet as the Secretary shall specify for purposes of this section; and
(3) may not have refused a Department of Defense request to act as a host for other Civil Reserve Air Fleet carriers at intermediate staging bases during the prior fiscal year.
(e)Aggregate Minimum Purchase Amount.—
(1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (c) for a fiscal year shall be based on forecast needs, but may not exceed the amount equal to 80 percent of the average annual expenditure of the Department of Defense for charter air transportation services during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded.
(2) In calculating the average annual expenditure of the Department of Defense for charter air transportation services for purposes of paragraph (1), the Secretary shall omit from the calculation any fiscal year exhibiting unusually high demand for charter air transportation services if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated charter air transportation services for purposes of that paragraph.
(f)Allocation of Minimum Purchase Among Charter Air Transportation Contracts.—
(1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (c) for a fiscal year, as determined under subsection (e), shall be allocated among all air carriers and air carrier contractor team arrangements awarded contracts under subsection (c) for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.
(2) In determining the minimum purchase amount payable under paragraph (1) under a contract under subsection (c) for charter air transportation services provided by an air carrier or air carrier contractor team arrangement during the fiscal year covered by such contract, the Secretary may adjust the amount allocated to such carrier or arrangement under paragraph (1) to take into account periods during such fiscal year when charter air transportation services of such carrier or a carrier in such arrangement are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when such carrier is placed in nonuse status pursuant to section 2640 of this title for safety reasons.
(g)Distribution of Amounts.—If any amount available under this section for the minimum purchase of charter air transportation services from a carrier or air carrier contractor team arrangement for a fiscal year under a contract under subsection (c) is not utilized to purchase charter air transportation services from the carrier or arrangement in such fiscal year, such amount shall be provided to the carrier or arrangement before the first day of the following fiscal year.
(h)Commitment of Funds.—
(1) The Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for the payment of minimum purchase amounts under all contracts awarded under subsection (c) for such fiscal year equivalent to the percentage of the anticipated use of charter air transportation services by such military department during such fiscal year from all carriers under contracts awarded under subsection (c) for such fiscal year.
(2) Any amounts required to be transferred under paragraph (1) shall be transferred by the last day of the fiscal year concerned to meet the requirements of subsection (g) unless minimum purchase amounts have already been distributed by the Secretary under subsection (g) as of that date.
(i)Availability of Airlift Services.—
(1) From the total amount of charter air transportation services available for a fiscal year under all contracts awarded under subsection (c) for such fiscal year, a military department shall be entitled to obtain a percentage of such services equal to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (h).
(2) A military department may transfer any entitlement to charter air transportation services under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.
(j)Definition.—In this section, the term “charter air transportation” has the meaning given such term in section 40102(14) of title 49.
(Added Pub. L. 110–417, [div. A], title X, § 1033(a), Oct. 14, 2008, 122 Stat. 4591; amended Pub. L. 111–383, div. A, title X, § 1075(b)(50), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 112–239, div. A, title X, §§ 1055, 1076(b)(4), (f)(44), Jan. 2, 2013, 126 Stat. 1938, 1949, 1955; Pub. L. 116–283, div. A, title III, § 342, Jan. 1, 2021, 134 Stat. 3538; Pub. L. 117–81, div. A, title X, § 1083(a)(2)(C), Dec. 27, 2021, 135 Stat. 1922.)
§ 9516. Airlift service
(a)Interstate Transportation.—
(1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that—
(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
(B) holds a certificate issued under section 41102 of title 49.
(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of title 49 to provide airlift service.
(b)Transportation Between the United States and Foreign Locations.—Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).
(c)Transportation Between Foreign Locations.—The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.
(d)Exception.—Subject to subsection (e), when the Secretary of Defense decides that no air carrier holding a certificate under section 41102 of title 49 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.
(e)Annual Report.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—
(1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and
(2) for each such contract—
(A) specifies the dollar value of the award; and
(B) provides a detailed explanation of the reasons for the award.
(f)CRAF-eligible Aircraft Defined.—In this section, “CRAF-eligible aircraft” means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.
(Added Pub. L. 113–291, div. A, title X, § 1042(a), Dec. 19, 2014, 128 Stat. 3492; Pub. L. 117–81, div. A, title X, § 1083(b), Dec. 27, 2021, 135 Stat. 1922.)
§ 9517. Level of readiness of Civil Reserve Air Fleet carriers
The Civil Reserve Air Fleet program is an important component of the military airlift system in support of United States defense and foreign policies, and it is the policy of the United States to maintain the readiness and interoperability of Civil Reserve Air Fleet carriers by providing appropriate levels of peacetime airlift augmentation to maintain networks and infrastructure, exercise the system, and interface effectively within the military airlift system.
(Added Pub. L. 114–92, div. A, title X, § 1085(b)(1), Nov. 25, 2015, 129 Stat. 1005.)