§ 9512. Civil Reserve Air Fleet contracts: payment rate

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(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.)

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