12 2 STA T .459 2 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8‘ ‘ (2)shal l of f er s uc ha m ou nt of comm i tment to the C i v il R eserve A ir F leet in e x cess of the minimum re q uire d for p artici - pation in the Civil Reserve Air Fleet as the S ecretar y of D efense 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 sta g ing b ases during the prior fiscal year . ‘‘(e) A G G RE G AT E MIN I MU M P UR CH A S EAM O UNT. — ( 1 ) T he aggre- gate amount of the minimum purchase amount for all contracts a w arded under subsection (c) for a fiscal year shall be based on forecast needs , but may not exceed the amount equal to 80 percent of the average annual expenditure of the Department of Defense for charter air transportation services during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded. ‘‘(2) I n 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) A L LOCATION O F MINIMUM PURCHASE AMONG CHARTER AIR TRANS P ORTATION CONTRACTS.—(1) The aggregate amount of the minimum purchase amount for all contracts awarded under sub- section (c) for a fiscal year, as determined under subsection (e), shall be allocated among all air carriers and air carrier contractor team arrangements awarded contracts under subsection (c) for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year. ‘‘(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 ad j ust the amount allocated to such carrier or arrangement under para- graph (2) to ta k e 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 sus- pended operations or when such carrier is placed in nonuse status pursuant to section 2 64 0 of this title for safety reasons. ‘‘(g) DISTRI B UTION OF AMOUNTS.—If any amount available under this section for the minimum purchase of charter air transportation services from a carrier or air carrier contractor team arrangement for a fiscal year under a contract under subsection (c) is not utili z ed to purchase charter air transportation services from the carrier or arrangement in such fiscal year, such amount shall be provided to the carrier or arrangement before the first day of the following fiscal year. ‘‘(h) COMMITMENT OF FUN D S.—(1) The Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for the payment of minimum purchase amounts under all contracts awarded under subsection (c) for such fiscal year equivalent to the percentage of the anticipated use of charter
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