Page:United States Statutes at Large Volume 95.djvu/1152

 95 STAT. 1126

PUBLIC LAW 97-86—DEC. 1, 1981

"(6) 'Civil aircraft' means an aircraft other than a public aircraft. "(7) 'Civil Reserve Air Fleet' means those aircraft allocated, or identified for allocation, to the Department of Defense under section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), or made available (or agreed to be made available) for use by the Department of Defense under a contract made under this title, as part of the program developed by the Department of Defense through which the Department of Defense augments its airlift capability by use of civil aircraft. "(8) 'Contractor* means a citizen of the United States (A) who owns or controls, or who will own or control, a civil aircraft and who contracts with the Secretary of the Air Force to modify that aircraft by including or incorporating cargo-convertible features suitable for defense purposes in that aircraft and to commit that aircraft to the Civil Reserve Air Fleet, or (B) who subsequently obtains ownership or control of a civil aircraft covered by such a contract and assumes all existing obligations under that contract. "(9) 'Existing aircraft' means a civil aircraft other than a new aircraft. "(10) 'New aircraft' means a civil aircraft that a manufacturer heis not begun to assemble before the aircraft is covered by a contract under section 9512 of this title. "(11) 'Secretary' means the Secretary of the Air Force. 10 USC 9512. "§ 9512. Contracts to modify aircraft: cargo-convertible features 10 USC 2301 et "(a) Subject to chapter 137 of this title, and to the extent that funds «^9are otherwise available for obligation, the Secretary may contract with any citizen of the United States (1) for the modification of any new aircraft to be owned or controlled by that citizen by the inclusion of cargo-convertible features suitable for defense purposes in that aircraft, or (2) for the modification of any existing passenger aircraft owned or controlled by that citizen by the incorporation of cargoconvertible features suitable for defense purposes in that aircraft. "(b) Each contract made under subsection (a) shall include the terms required by section 9513 of this title and the following terms: "(1) The contractor shall agree that each aircraft covered by the contract that is not already registered under section 501 of the Federal Aviation Act of 1958 (49 U.S.C. 1401) shall be registered under that section not later than the completion of the manufacture of the aircraft or the completion of the modification of the aircraft under the contract. Repayment to "(2) The Contractor shall agree to repay to the United States a US. 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— "(A) the aircraft is destroyed or becomes unusable, as defined in the contract; "(B) the cargo-convertible features specified in the contract are rendered unusable or removed from the aircraft; "(C) control over the aircraft is transferred to any person that is unable or unwilling to assume the contractor's obligations under the contract; "CD) the registration of the aircraft under section 501 of the Federal Aviation Act of 1958 is terminated for any reason not beyond the control of the contractor; or

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