2011 US Code
Title 10 - Armed Forces
Subtitle D - Air Force (§§ 8010 - 9842)
Part IV - SERVICE, SUPPLY, AND PROCUREMENT (§§ 9511 - 9842)
Chapter 931 - CIVIL RESERVE AIR FLEET (§§ 9511 - 9515)
Section 9515 - Charter air transportation services: minimum annual purchase amount for carriers participating in...
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle D - Air Force PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 931 - CIVIL RESERVE AIR FLEET Sec. 9515 - Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet |
Contains | section 9515 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 122 Stat. 4591, 74, 4593 124 Stat. 4371 |
Public Law References | Public Law 110-181, Public Law 110-417, Public Law 111-383 |
Download PDF
(a)
(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 passenger carriers to provide newer, more efficient and reliable aircraft for Department of Defense service rather than older, fully depreciated aircraft.
(b)
(c)
(d)
(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 of Defense 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)
(2) In calculating the average annual expenditure of the Department of Defense for charter air transportation services for purposes of paragraph (1), the Secretary of Defense 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)
(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 of Defense 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)
(h)
(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 of Defense under subsection (g) as of that date.
(i)
(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)
(k)
(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.)
References in TextSection 1356 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (b), probably means section 356 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. 110–181, div. A, title III, Jan. 28, 2008, 122 Stat. 74, which is not classified to the Code. The Act does not contain a section 1356.
Amendments2011—Subsec. (b). Pub. L. 111–383, §1075(b)(50)(A), which directed substitution of “section 1356 of the National Defense Authorization Act for Fiscal Year 2008” for “Section 1356 of the National Defense Authorization Act for 2008” was executed by making the substitution for “Section 356 of the National Defense Authorization Act for 2008” to reflect the probable intent of Congress.
Subsec. (f)(2). Pub. L. 111–383, §1075(b)(50)(B), substituted “arrangement under paragraph (1)” for “arrangement under paragraph (2)”.
Subsec. (j). Pub. L. 111–383, §1075(b)(50)(C), which directed striking out “United States Code,” after “title 49,” in par. (1), was executed by making the amendment in text of subsec. (j) to reflect the probable intent of Congress. Subsec. (j) does not contain a par. (1).
Report to Congress; Limitation on Exercise of AuthorityPub. L. 110–417, [div. A], title X, §1033(c), Oct. 14, 2008, 122 Stat. 4593, provided that:
“(1)
“(2)
1 See References in Text note below.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.