US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 9513

Contracts for the inclusion or incorporation of defense features

(a)

Authority to Contract .—

1
1 See References in Text note below.
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 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)
section 44103 of title 49 the registration of the aircraft under 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 .—

50 U.S.C. 4511Notwithstanding section 101 of the Defense Production Act of 1950 (), 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 Civil Reserve Air Fleet unless the aircraft is released from that use by the Secretary.

Pub. L. 97–86, title IX, § 915(2)95 Stat. 1126 Pub. L. 98–525, title XIV, § 1405(57)98 Stat. 2626 Pub. L. 101–189, div. A, title XVI, § 1636(b)103 Stat. 1609 Pub. L. 103–272, § 5(b)(3)108 Stat. 1373 Pub. L. 103–355, title III, § 3032(1)108 Stat. 3334 Pub. L. 104–106, div. A, title X, § 1087110 Stat. 458 Pub. L. 114–328, div. A, title X, § 1081(b)(4)(D)130 Stat. 2419 Pub. L. 117–81, div. A, title X, § 1083(a)(2)(B)135 Stat. 1922 (Added , , , § 9512; amended , , ; , , ; , , ; –(8), , , 3335; , , ; , , ; renumbered § 9513 and amended , (c)(1)(A), , , 1923.)

Editorial Notes

References in Text

Pub. L. 116–283, div. A, title XVIII, § 1881(a)134 Stat. 4293 Pub. L. 116–283, div. A, title XVIII134 Stat. 4149 section 3016 of this titleChapter 137 of this title, referred to in subsec. (a), was repealed by , , , effective , in conjunction with the transfer and reorganization of acquisition provisions in this title by , , . For definition of “chapter 137 legacy provisions”, see .

Codification

section 9513 of this titlePub. L. 103–355, § 3032(4)Pub. L. 97–86, title IX, § 915(2)95 Stat. 1128 Pub. L. 101–189, div. A, title XVI, § 1636(c)(1)103 Stat. 1610 The text of subsecs. (a) and (b) of prior , which were redesignated as subsecs. (b) and (e) of this section by , (5), was based on , , ; amended , , .

Prior Provisions

Pub. L. 103–355, title III, § 3033(a)108 Stat. 3335 Pub. L. 113–291, div. A, title X, § 1045(a)128 Stat. 3494 A prior section 9513, added , , , related to use of military installations by Civil Reserve Air Fleet contractors, prior to repeal by , , .

Pub. L. 97–86, title IX, § 915(2)95 Stat. 1128 Pub. L. 101–189, div. A, title XVI, § 1636(c)(1)103 Stat. 1610 section 9512 of this titlePub. L. 103–355, § 3032(4)Another prior section 9513, added , , ; amended , , , directed that each contract under be committed to Civil Reserve Air Fleet, prior to amendment by , (5), (9), which struck out section catchline and redesignated subsecs. (a) and (b) as subsecs. (b) and (e) of section 9512, respectively.

Amendments

Pub. L. 117–81section 9512 of this title2021— renumbered as this section and substituted “Secretary” for “Secretary of Defense” in subsec. (e).

Pub. L. 114–32850 U.S.C. 45112016—Subsec. (e). substituted “()” for “(50 U.S.C. App. 2071)”.

Pub. L. 104–1061996—Subsecs. (b)(2), (e). struck out “full” before “Civil Reserve Air Fleet”.

Pub. L. 103–355, § 3032(1)1994—Subsec. (a). , inserted heading.

Pub. L. 103–355, § 3032(6)section 9512 of this titleSubsec. (b). , inserted heading and substituted “entered into under this section” for “under ” in introductory provisions.

Pub. L. 103–355, § 3032(4)section 9513 of this title, redesignated subsec. (a) of as subsec. (b) of this section. Former subsec. (b) redesignated (c). See Codification note above.

Pub. L. 103–272section 44103 of title 49Subsec. (b)(4). substituted “” for “section 501 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1401)”.

Pub. L. 103–355, § 3032(7)section 9513 of this titleSubsec. (c). , struck out “the terms required by and” before “a provision that requires the contractor” in introductory provisions.

Pub. L. 103–355, § 3032(3), redesignated subsec. (b) as (c) and inserted heading. Former subsec. (c) redesignated (d).

Pub. L. 103–355, § 3032(2)Subsec. (d). , redesignated subsec. (c) as (d) and inserted heading.

Pub. L. 103–355, § 3032(8)section 9512 of this titleSubsec. (e). , inserted heading and substituted “entered into under this section” for “under ”.

Pub. L. 103–355, § 3032(5)section 9513 of this title, redesignated subsec. (b) of as subsec. (e) of this section. See Codification note above.

Pub. L. 101–1891989— substituted “Contracts for the inclusion or incorporation of defense features” for “Contracts to modify aircraft: cargo-convertible features” as section catchline and amended text generally, substituting subsecs. (a) to (c) for former subsecs. (a) to (e).

Pub. L. 98–5251984—Subsec. (b)(1). substituted “App. 1401” for “1401”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–355section 10001 of Pub. L. 103–355section 8752 of this titleFor effective date and applicability of amendment by , see , set out as a note under .