(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.)
Editorial Notes
Prior ProvisionsA prior section 9512 was renumbered section 9513 of this title.
Amendments2021—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).
Subsec. (d). Pub. L. 116–283 substituted “chapter 271” for “section 2306a”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d)(1) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Initial RegulationsPub. L. 112–81, div. A, title III, § 366(c), Dec. 31, 2011, 125 Stat. 1381, provided that: “Regulations shall be prescribed under section 9511a(b) of title 10, United States Code [now 10 U.S.C. 9512(b)], as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011].”