# § 9513. Contracts for the inclusion or incorporation of defense features
**1** **Authority to Contract.—** Subject to the provisions of chapter 137 [^1] of this title, and to the extent that funds are otherwise available for obligation, the Secretary—
See References in Text note below.
**(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)** 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. 4511), 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.
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**Source Credit**: (Added Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1126, § 9512; amended Pub. L. 98–525, title XIV, § 1405(57), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101–189, div. A, title XVI, § 1636(b), Nov. 29, 1989, 103 Stat. 1609; Pub. L. 103–272, § 5(b)(3), July 5, 1994, 108 Stat. 1373; Pub. L. 103–355, title III, § 3032(1)–(8), Oct. 13, 1994, 108 Stat. 3334, 3335; Pub. L. 104–106, div. A, title X, § 1087, Feb. 10, 1996, 110 Stat. 458; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(D), Dec. 23, 2016, 130 Stat. 2419; renumbered § 9513 and amended Pub. L. 117–81, div. A, title X, § 1083(a)(2)(B), (c)(1)(A), Dec. 27, 2021, 135 Stat. 1922, 1923.)
## Editorial Notes
### References in Text
Chapter 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
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
A prior section 9513, added , , , related to use of military installations by Civil Reserve Air Fleet contractors, prior to repeal by , , .
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
2021— renumbered as this section and substituted “Secretary” for “Secretary of Defense” in subsec. (e).
2016—Subsec. (e). substituted “()” for “(50 U.S.C. App. 2071)”.
1996—Subsecs. (b)(2), (e). struck out “full” before “Civil Reserve Air Fleet”.
1994—Subsec. (a). , inserted heading.
Subsec. (b). , inserted heading and substituted “entered into under this section” for “under ” in introductory provisions.
, redesignated subsec. (a) of as subsec. (b) of this section. Former subsec. (b) redesignated (c). See Codification note above.
Subsec. (b)(4). substituted “” for “section 501 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1401)”.
Subsec. (c). , struck out “the terms required by and” before “a provision that requires the contractor” in introductory provisions.
, redesignated subsec. (b) as (c) and inserted heading. Former subsec. (c) redesignated (d).
Subsec. (d). , redesignated subsec. (c) as (d) and inserted heading.
Subsec. (e). , inserted heading and substituted “entered into under this section” for “under ”.
, redesignated subsec. (b) of as subsec. (e) of this section. See Codification note above.
1989— 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).
1984—Subsec. (b)(1). substituted “App. 1401” for “1401”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1994 Amendment
For effective date and applicability of amendment by , see , set out as a note under .