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 9512 of this title.

(10) The term "Secretary" means the Secretary of the Air Force.

(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.

(Added P.L. 97-86, §915(2), Dec. 1, 1981, 95 Stat. 1125, and amended P.L. 100-180, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; P.L. 100-456, 1233(k)(2), Sept. 29, 1988, 102 Stat. 2058; PL. 101-189,1636(a), Nov. 29, 1989, 103 Stat. 1609; P.L. 103–272, § 5(b)(2), July 5, 1994, 108 Stat. 1373; P.L. 103–355, § 3031(a), Oct. 13, 1994, 108 Stat. 3334.)

§ 9512. Contracts for the inclusion or incorporation of defense features

(a) AUTHORITY TO CONTRACT.-Subject to the provisions of chapter 137 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 full 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. App. 2071), 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 full Civil Reserve Air Fleet unless the aircraft is released from that use by the Secretary of Defense.

(Added P.L. 97-86, §915(2), Dec. 1, 1981, 95 Stat. 1126, and amended P.L. 98-525, § 1405(57) Oct. 19, 1984, 98 Stat. 2626; amended in entirety P.L. 101-189, § 1636(b), Nov. 29, 1989, 103 Stat. 1609; P.L. 103–272, § 5(b)(3), July 5, 1994, 108 Stat. 1373; P.L. 103-355, §3032, Oct. 13, 1994, 108 Stat. 3334.)

§ 9513. Use of military installations by Civil Reserve Air Fleet contractors

(a) CONTRACT AUTHORITY.-(1) The Secretary of the Air Force

(A) may, by contract entered into with any contractor, authorize such contractor to use one or more Air Force installations designated by the Secretary; and

(B) with the consent of the Secretary of another military department, may, by contract entered into with any contractor, authorize the contractor to use one or more installations, designated by the Secretary of the Air Force, that is under the jurisdiction of the Secretary of such other military department. (2) The Secretary of the Air Force may include in the contract such terms and conditions as the Secretary determines appropriate to promote the national defense or to protect the interests of the United States.

(b) PURPOSES OF USE.-A contract entered into under subsection (a) may authorize use of a designated installation as a weather alternate, as a technical stop not involving the enplaning or deplaning of passengers or cargo, or, in the case of an installation within the United States, for other commercial purposes. Notwithstanding any other provision of the law, the Secretary may es

tablish different levels and types of uses for different installations for commercial operations not required by the Department of Defense and may provide in contracts under subsection (a) for different levels and types of uses by different contractors.

(c) DISPOSITION OF PAYMENTS FOR USE.-Notwithstanding any other provision of law, amounts collected from the contractor for landing fees, services, supplies, or other charges authorized to be collected under the contract shall be credited to the appropriations of the armed forces having jurisdiction over the military installation to which the contract pertains. Amounts so credited to an appropriation shall be available for obligation for the same period as the appropriation to which credited.

(a) HOLD HARMLESS REQUIREMENT.-A contract entered into under subsection (a) shall provide that the contractor agrees to indemnify and hold harmless the United States from any action, suit, or claim of any sort resulting from, relating to, or arising out of any activities conducted, or services or supplies furnished, in connection with the contract.

(e) RESERVATION OF RIGHT TO EXCLUDE CONTRACTOR.-A contract entered into under subsection (a) shall provide that the Secretary concerned may, without providing prior notice, deny access to an installation designated under the contract when the Secretary determines that it is necessary to do so in order to meet military exigencies.

(Added P.L. 103-355, 3033, Oct. 13, 1994, 108 Stat. 3335 [former §9513 transferred to § 9512(b), (e)].)

Sec.

CHAPTER 933-PROCUREMENT

[9531.

Repealed.]

9532. Factories, arsenals, and depots: manufacture at.

[9534, 9535. Repealed.]

9536. Equipment: bakeries, schools, kitchens, and mess halls. [9537, 9538. Repealed.]

9540. [9541.

Architectural and engineering services.
Repealed.]

[§ 9531. Repealed. P.L. 103–160, §823(2), Nov. 30, 1993, 107 Stat. 1707]

§ 9532. Factories, arsenals, and depots: manufacture at

The Secretary of the Air Force may have supplies needed for the Department of the Air Force made in factories, arsenals, or depots owned by the United States, so far as those factories, arsenals, or depots can make those supplies on an economical basis. (Aug. 10, 1956, ch. 1041, 70A Stat. 576.)

[§§ 9534 and 9535. Repealed. P.L. 103-160, § 823(4), (5), Nov. 30, 1993, 107 Stat. 1707]

§ 9536. Equipment: bakeries, schools, kitchens, and mess halls

Money necessary for the following items for the use of enlisted members of the Air Force may be spent from appropriations for regular supplies:

(1) Equipment for air base bakeries.

(2) Furniture, textbooks, paper, and equipment for air base schools.

(3) Tableware and mess furniture for kitchens and mess halls.

(Aug. 10, 1956, ch. 1041, 70A Stat. 576.)

[§§ 9537 and 9538. Repealed. P.L. 103-160, §823(6), (7), Nov. 30, 1993, 107 Stat. 1707]

§ 9540. Architectural and engineering services

(a) Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Air Force are inadequate, the Secretary of the Air Force may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.

(b) The fee for any service under this section may not be more than 6 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.

(c) Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 577; Nov. 2, 1966, P.L. 89-718, §28, 80 Stat. 1119; Oct. 13, 1978, P.L. 95-454, §§ 703(c)(3), 801(a)(3)(I), 92 Stat. 1217, 1222; Dec. 12, 1980, P.L. 96–513, §514(15), 94 Stat. 2936.)

[§ 9541. Repealed. P.L. 103–160, § 822(d)(2), Nov. 30, 1993, 107 Stat. 1707]