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10 U.S.C. § 9512 — Civil Reserve Air Fleet contracts: payment rate

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1502&num=0&edition=prelim).

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Source location: Title 10, Chapter 961, § 9512; chapter-961-civil-reserve-air-fleet.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9511a — Renumbered § 9512]

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1502 — Cost accounting standards

**(a) Authority.—** (1) **Cost accounting standards board.—** — The Cost Accounting Standards Board has exclusive authority to prescribe, amend, and rescind cost accounting standards, and interpretations of the standards, designed to achieve uniformity and consistency in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the Federal Government. (2) **Administrator for federal procurement policy.—** — The Administrator, after consultation with the Board, shall prescribe rules and procedures governing actions of the Board under this chapter. The rules and procedures shall require that any action to prescribe, amend, or rescind a standard or interpretation be approved by majority vote of the Board. **(b) Mandatory Use of Standards.—** (1) **Subcontract.—** (A) *Definition.—* — In this paragraph, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. (B) *When standards are to be used.—* — Cost accounting standards prescribed under this chapter are mandatory for use by all executive agencies and by contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing and administration of, and settlement of disputes concerning, all negotiated prime contract and subcontract procurements with the Federal Government in excess 11 So in original. Probably should be followed by “of”. $35,000,000, as adjusted in accordance with applicable requirements of law, including requirements relating to inflation in [section 1908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1908&num=0&edition=prelim). (C) *Nonapplication of

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9513 — Contracts for the inclusion or incorporation of defense features

**(a) Authority to Contract.—** 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) 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 u

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4511&num=0&edition=prelim)), 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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9512 — Civil Reserve Air Fleet contracts: payment

Page 3549 TITLE 10—ARMED FORCES § 9512 (12) The term ‘‘Civil Reserve Air Fleet pro- gram’’ means the program developed by the Department of Defense through which the De- partment of Defense augments its airlift capa- bility 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.) Editorial Notes AMENDMENTS 2021—Pars. (7), (9). Pub. L. 117–81, § 1083(c)(1)(B), sub- stituted ‘‘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 fol- lows: ‘‘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 pro- visions. 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

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