10 U.S.C. § 9511 — Definitions

Page 3548 TITLE 10—ARMED FORCES § 9511 chemical warfare supplies for experimental purposes by the Secretary of the Air Force, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 822(c)(2), Nov. 30, 1993, 107 Stat. 1707. See section 4023 of this title. Prior section 9505, act Aug. 10, 1956, ch. 1041, 70A Stat. 575, related to procurement of production equipment by Secretary of the Air Force, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 823(1), Nov. 30, 1993, 107 Stat. 1707. Prior section 9506, act Aug. 10, 1956, ch. 1041, 70A Stat. 575, related to sale, loan, or gift of samples, drawings, and information to contractors, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 822(b)(3), Nov. 30, 1993, 107 Stat. 1706. Prior section 9507, act Aug. 10, 1956, ch. 1041, 70A Stat. 575, related to sale of ordnance and ordnance stores to designers, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 822(b)(3), Nov. 30, 1993, 107 Stat. 1706. AMENDMENTS 2021—Pub. L. 117–81, div. A, title X, § 1083(c)(2), Dec. 27, 2021, 135 Stat. 1923, added items 9512 and 9513 and struck out item 9511a ‘‘Civil Reserve Air Fleet con- tracts: payment rate’’ and former item 9512 ‘‘Contracts for the inclusion or incorporation of defense features’’. 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 931 of this title as this chapter. 2017—Pub. L. 115–91, div. A, title X, § 1081(a)(51), Dec. 12, 2017, 131 Stat. 1597, substituted ‘‘readiness’’ for ‘‘Readiness’’ in item 9517. 2015—Pub. L. 114–92, div. A, title X, § 1085(b)(2), Nov. 25, 2015, 129 Stat. 1005, added item 9517. 2014—Pub. L. 113–291, div. A, title X, §§ 1042(b), 1045(b), Dec. 19, 2014, 128 Stat. 3493, 3494, struck out item 9513 ‘‘Use of military installations by Civil Reserve Air Fleet contractors’’ and added item 9516. 2011—Pub. L. 112–81, div. A, title III, § 366(b), Dec. 31, 2011, 125 Stat. 1381, added item 9511a. 2009—Pub. L. 111–84, div. A, title X, § 1073(a)(32), Oct. 28, 2009, 123 Stat. 2474, transferred item 9515 from chap- ter 941 of this title to this chapter. 1996—Pub. L. 104–201, div. A, title X, § 1079(a)(2), Sept. 23, 1996, 110 Stat. 2669, added item 9514. 1994—Pub. L. 103–355, title III, § 3033(b), Oct. 13, 1994, 108 Stat. 3336, substituted ‘‘Use of military installa- tions by Civil Reserve Air Fleet contractors’’ for ‘‘Com- mitment of aircraft to the Civil Reserve Air Fleet’’ in item 9513. 1993—Pub. L. 103–160, div. A, title VIII, § 828(c)(8)(A), Nov. 30, 1993, 107 Stat. 1714, substituted ‘‘CIVIL RE- SERVE AIR FLEET’’ for ‘‘INDUSTRIAL MOBILIZA- TION, RESEARCH, AND DEVELOPMENT’’ in chapter heading, struck out subchapter analysis consisting of items for subchapter I ‘‘General’’ and subchapter II ‘‘Civil Reserve Air Fleet’’, struck out subchapter I heading ‘‘GENERAL’’, struck out items 9501 ‘‘Indus- trial mobilization: orders; priorities; possession of man- ufacturing plants; violations’’, 9502 ‘‘Industrial mobili- zation: plants; lists; Board on Mobilization of Indus- tries Essential for Military Preparedness’’, 9503 ‘‘Re- search and development programs’’, 9504 ‘‘Procurement for experimental purposes’’, 9505 ‘‘Procurement of pro- duction equipment’’, 9506 ‘‘Sale, loan, or gift of sam- ples, drawings, and information to contractors’’, and 9507 ‘‘Sale of ordnance and ordnance stores to design- ers’’, and struck out heading for subchapter II ‘‘CIVIL RESERVE AIR FLEET’’. 1989—Pub. L. 101–189, div. A, title XVI, § 1636(c)(2), Nov. 29, 1989, 103 Stat. 1610, substituted ‘‘Contracts for the inclusion or incorporation of defense features’’ for ‘‘Contracts to modify aircraft: cargo-convertible fea- tures’’ in item 9512 and ‘‘Commitment’’ for ‘‘Contracts to modify aircraft: commitment’’ in item 9513. 1981—Pub. L. 97–86, title IX, § 915, Dec. 1, 1981, 95 Stat. 1125, added analysis of subchapters, subchapter head- ings ‘‘SUBCHAPTER I—GENERAL’’ and ‘‘SUB- CHAPTER II—CIVIL RESERVE AIR FLEET’’, and the analysis of sections for subchapter II consisting of items 9511, 9512, and 9513. § 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 air- craft’’ means a civil aircraft equipped so that its main deck can be used to carry both pas- sengers and property (including mail) simulta- neously. (3) The term ‘‘cargo-capable aircraft’’ means a civil aircraft equipped so that all or substan- tially 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 de- signed so that all or substantially all of the main deck of the aircraft can be readily con- verted 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 devel- oped 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 air- craft and who contracts with the Secretary under section 9513 of this title to modify that aircraft by including or incorporating speci- fied 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 con- trols, 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 Sec- retary of Defense. (11) The term ‘‘defense feature’’ means equipment or design features included or in- corporated in a civil aircraft which ensures the compatibility of such aircraft with the De- partment 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 pas- senger-cargo combined aircraft. 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 Pub. L. 103–272 which substituted ‘‘sec- tion 40102(a) of title 49’’ for ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’, see below. Pub. L. 103–355, § 3031(b)(1)(A), (B), inserted ‘‘ ‘civil air- craft’,’’ before ‘‘ ‘person’,’’ and substituted ‘‘meanings’’ for ‘‘meaning’’. Pub. L. 103–272 substituted ‘‘section 40102(a) of title 49’’ for ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’. Par. (6). Pub. L. 103–355, § 3031(b)(2), (3), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: ‘‘The term ‘civil aircraft’ means an aircraft other than a public aircraft.’’ Par. (7). Pub. L. 103–355, § 3031(b)(3), redesignated par. (8) as (7). Former par. (7) redesignated (6). Par. (8). Pub. L. 103–355, § 3031(b)(3), redesignated par. (9) as (8). Former par. (8) redesignated (7). Pub. L. 103–355, § 3031(a)(1), inserted ‘‘under section 9512 of this title’’ after ‘‘and who contracts with the Secretary’’ in subpar. (A) and added subpar. (C). Pars. (9), (10). Pub. L. 103–355, § 3031(b)(3), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8). Par. (11). Pub. L. 103–355, § 3031(b)(3), (4), redesignated par. (12) as (11), substituted ‘‘compatibility’’ for ‘‘inter- operability’’, and inserted ‘‘an aeromedical aircraft or’’ before ‘‘a cargo-convertible’’. Former par. (11) redesig- nated (10). Par. (12). Pub. L. 103–355, § 3031(b)(3), redesignated par. (12) as (11). 1989—Par. (2). Pub. L. 101–189, § 1636(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The term ‘cargo air service’ means the car- riage of property or mail on the main deck of a civil aircraft.’’ Par. (5). Pub. L. 101–189, § 1636(a)(2), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘The term ‘cargo-convertible feature’ means equip- ment or design features included or incorporated in a passenger aircraft that can readily enable all or sub- stantially all of that aircraft’s main deck to be used for the carriage of property or mail.’’ Par. (8)(A). Pub. L. 101–189, § 1636(a)(3), substituted ‘‘a new or existing aircraft and who contracts with the Secretary to modify that aircraft by including or incor- porating specified defense features’’ for ‘‘a civil aircraft and who contracts with the Secretary of the Air Force to modify that aircraft by including or incorporating cargo-convertible features suitable for defense pur- poses’’. Par. (12). Pub. L. 101–189, § 1636(a)(4), added par. (12). 1988—Par. (1). Pub. L. 100–456 substituted ‘‘The terms’’ for ‘‘The term’’. 1987—Pars. (1) to (11). Pub. L. 100–180 inserted ‘‘The term’’ after each par. designation, and revised first word in quotes in pars. (1) to (6) and (8) to (10) to make initial letter of each word lowercase. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT For 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. [§ 9511a. Renumbered § 9512] § 9512. Civil Reserve Air Fleet contracts: payment rate (a) AUTHORITY.—The Secretary shall deter- mine 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 pre- scribe regulations for purposes of subsection (a). The Secretary may exclude from the applica- bility 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 sub- section (a), use as a factor the relative amount of airlift capability committed by each air car- rier to the Civil Reserve Air Fleet. (d) INAPPLICABLE PROVISIONS OF LAW.—An air- lift services contract for which the rate of pay- ment is determined in accordance with sub- section (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 amend- ed Pub. L. 117–81, div. A, title X, § 1083(a)(2)(A), (c)(1)(A), Dec. 27, 2021, 135 Stat. 1922, 1923.) Editorial Notes PRIOR PROVISIONS A prior section 9512 was renumbered section 9513 of this title. AMENDMENTS 2021—Pub. L. 117–81 renumbered section 9511a of this title as this section and substituted ‘‘Secretary’’ for ‘‘Secretary of Defense’’ in subsecs. (a) and (b).