(a)
(1) improve the predictability in Department of Defense charter requirements;
(2) strengthen Civil Reserve Airlift Fleet participation to assure adequate capacity is available to meet steady-state, surge and mobilization requirements; and
(3) provide incentives for commercial air carriers to provide newer, more efficient and reliable aircraft for Department of Defense service rather than older, fully depreciated aircraft.
(b)
(c)
(d)
(1) if under contract with the Department of Defense in the prior fiscal year, shall have an average on-time pick up rate, based on factors within such air carrier's control, of at least 90 percent;
(2) shall offer such amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation in the Civil Reserve Air Fleet as the Secretary of Defense shall specify for purposes of this section; and
(3) may not have refused a Department of Defense request to act as a host for other Civil Reserve Air Fleet carriers at intermediate staging bases during the prior fiscal year.
(e)
(2) In calculating the average annual expenditure of the Department of Defense for charter air transportation services for purposes of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for charter air transportation services if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated charter air transportation services for purposes of that paragraph.
(f)
(2) In determining the minimum purchase amount payable under paragraph (1) under a contract under subsection (c) for charter air transportation services provided by an air carrier or air carrier contractor team arrangement during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to such carrier or arrangement under paragraph (1) to take into account periods during such fiscal year when charter air transportation services of such carrier or a carrier in such arrangement are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when such carrier is placed in nonuse status pursuant to section 2640 of this title for safety reasons.
(g)
(h)
(2) Any amounts required to be transferred under paragraph (1) shall be transferred by the last day of the fiscal year concerned to meet the requirements of subsection (g) unless minimum purchase amounts have already been distributed by the Secretary of Defense under subsection (g) as of that date.
(i)
(2) A military department may transfer any entitlement to charter air transportation services under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.
(j)
(k)
References in Text
Section 356 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (b), is section 356 of Pub. L. 110–181, div. A, title III, Jan. 28, 2008, 122 Stat. 74, which is not classified to the Code.
Amendments
2013—Subsec. (a)(3). Pub. L. 112–239, §1055(b)(1), struck out "passenger" after "commercial air".
Subsec. (b). Pub. L. 112–239, §1076(f)(44), substituted "required by section 356 of the National Defense Authorization Act for Fiscal Year 2008" for "required by section 1356 of the National Defense Authorization Act for Fiscal Year 2008".
Subsec. (j). Pub. L. 112–239, §1076(b)(4), made technical amendment to directory language of Pub. L. 111–383, §1075(b)(50)(C). See 2011 Amendment note below.
Pub. L. 112–239, §1055(b)(2), struck out ", except that it only means such transportation for which the Secretary of Defense has entered into a contract for the purpose of passenger travel" before period at end.
Subsec. (k). Pub. L. 112–239, §1055(a), substituted "December 31, 2020" for "December 31, 2015".
2011—Subsec. (b). Pub. L. 111–383, §1075(b)(50)(A), which directed substitution of "section 1356 of the National Defense Authorization Act for Fiscal Year 2008" for "Section 1356 of the National Defense Authorization Act for 2008" was executed by making the substitution for "Section 356 of the National Defense Authorization Act for 2008" to reflect the probable intent of Congress.
Subsec. (f)(2). Pub. L. 111–383, §1075(b)(50)(B), substituted "arrangement under paragraph (1)" for "arrangement under paragraph (2)".
Subsec. (j). Pub. L. 111–383, §1075(b)(50)(C), as amended by Pub. L. 112–239, §1076(b)(4), struck out "United States Code," after "title 49,".
Effective Date of 2013 Amendment
Amendment by section 1076(b)(4) of Pub. L. 112–239 effective Jan. 7, 2011, and as if included in Pub. L. 111–383 as enacted.
Report to Congress; Limitation on Exercise of Authority
Pub. L. 110–417, [div. A], title X, §1033(c), Oct. 14, 2008, 122 Stat. 4593, provided that:
"(1)
"(2)