Page:United States Statutes at Large Volume 95.djvu/1154

 95 STAT. 1128

Payment.

10 USC 9513.

PUBLIC LAW 97-86-DEC. 1, 1981

the fair market value, at the time of the sale, of an aircraft substantially similar to the aircraft being sold but without the cargoconvertible features. "(2) The Secretary may not agree to make a payment under this subsection with respect to the sale of a modified aircraft unless— "(A) the sale is within 16 years and 6 months after the modified aircraft was initially delivered by the manufacturer to its original owner, in the Case of an aircraft that was modified during manufacture, or by the modifier to the owner at the time of modification, in the case of an aircraft that was modified after manufacture; "(B) the Secretary received written notice of the proposed sale at least 60 days before the sale; "(C) the contractor used its best efforts to obtain bids for the purchase of the aircraft; "(D) the sale is a bona fide, arm's-length transaction made to the highest bidder for a price that is less than the fair market value of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features; and "(E) before the sale the Secretary was given an opportunity to and refused to purchase the modified aircraft for a price equal to the fair market value, at the time of the sale, of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features. "(3) Any amount that may be payable under a contract provision made under this subsection may not exceed the difference between (A) the S£des price of the modified aircraft, and (B) the fair market value, at the time of the sale, of an aircraft substantially similar to the modified aircraft but without the cargo-convertible features included or incorporated into the modified aircraft under the contract. "(4) The Secretary may use any funds appropriated for Air Force procurement for fiscal year 1982 or thereafter to pay any obligation under a contract provision made under this subsection, "§ 9513. Contracts to modify aircraft: commitment of aircraft to Civil Reserve Air Fleet "(a) Each contract under section 9512 of this title 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. "(b) Notwithstanding section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), each aircraft covered by a contract under section 9512 of this title 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 aircr^t is released from that use by the Secretary of Defense.".

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