12 2 STA T .459 1 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8SEC.1032 .C R E DIT I NGOFA D M IRA L T Y CLAIM RECEI P TS FOR DAMAGE TO PROPERTY F U NDED FROM A DEPARTMENT OF DEFENSE W OR K ING CAPITAL FUND. Section7623(b) o f tit l e 10,U nite d St a te sC ode, is a m ended — (1) b y inse r tin g‘ ‘(1) ’ ’ after ‘‘(b)’’
(2) in p aragrap h (1), as so designated, by stri k ing the last sentence; and (3) by adding at the end the follo w ing new paragraph
‘‘(2)( A ) Ex cept as pro v ided in s u bparagraph ( B ), amounts received under this section shall be covered into the T reasury as miscellaneous receipts . ‘‘(B) Amounts received under this section for damage or loss to property operated and maintained with funds from a D epartment of Defense working capital fund or account shall be credited to that fund or account.’’. SEC. 1033. MINIMUM ANNUAL PURC H ASE RE Q UIREMENTS FOR CHARTER AIR TRANSPORTATION SER V ICES FROM CAR - RIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET. (a) INGE NE RAL .—Chapter 9 31 of title 10, United States Code, is amended by adding at the end the following new section: ‘ ‘ §951 5 .Charte ra i r tra nspo rtation ser v i c es
- m
inim u m annua l purchase amount f or carriers participatin g in Civil R eserve A ir F leet ‘‘(a) IN GENERAL.—The Secretary of Defense shall take steps to— ‘‘(1) improve the predictability in Department of Defense charter re q uirements; ‘‘(2) strengthen Civil R eserve Airlift F leet participation to assure adequate capacity is available to meet steady - state, surge and mobili z ation requirements; and ‘‘(3) provide incentives for commercial air passenger car- riers to provide newer, more efficient and reliable aircraft for Department of Defense service rather than older, fully depre- ciated aircraft. ‘‘(b) C O N SID ERA T ION O F RE C O M MENDATIONS.—In carrying out subsection (a), the Secretary of Defense shall consider the rec- ommendations on courses of action for the Civil Reserve Air Fleet as outlined in the report required by Section 3 5 6of the N ational Defense Authorization Act for 200 8 ( P ublic L aw 110-181). ‘‘(c) CONTRACTS FOR C H ARTER AIR TRANS P ORTATION SER V ICES.— The Secretary of Defense may award to an air carrier or an air carrier contractor team arrangement participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for charter air transportation services with a minimum purchase amount under such contract determined in accordance with this section. ‘‘(d) ELI G I B LE CHARTER AIR TRANSPORTATION CARRIERS.—In order to be eligible for payments under the minimum purchase amount provided by this section, an air carrier (or any air carrier participating in an air carrier contractor team arrangement)— ‘‘(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;
�
