10 USC 2640(h): Charter air transportation for members of armed forces

          
Sec. 2640. Charter air transportation of members of the armed 
        forces
        
    (a) Requirements.--(1) The Secretary of Defense may not enter into a 
contract with an air carrier for the charter air transportation of 
members of the armed forces unless the air carrier--
        (A) meets, at a minimum, the safety standards established by the 
    Secretary of Transportation under chapter 447 of title 49;
        (B) has at least 12 months of experience operating services in 
    air transportation that are substantially equivalent to the service 
    sought by the Department of Defense; and
        (C) undergoes a technical safety evaluation.

    (2) For purposes of paragraph (1)(C), a technical safety 
evaluation--
        (A) shall include inspection of a representative number of 
    aircraft; and
        (B) shall be conducted in accordance with regulations prescribed 
    by the Secretary, after consultation with the Secretary of 
    Transportation.

    (b) Inspections.--The Secretary shall provide for inspections of 
each air carrier that contracts with the Department of Defense for the 
charter air transportation of members of the armed forces. The 
inspections shall be conducted in accordance with standards established 
by the Secretary, after consultation with the Secretary of 
Transportation, and shall include, at a minimum, the following:
        (1) An on-site capability survey of the air carrier conducted at 
    least once every two years.
        (2) A performance evaluation of the air carrier conducted at 
    least once every six months.
        (3) A preflight safety inspection of each aircraft conducted at 
    any time during the operation of, but not more than 72 hours before, 
    each internationally scheduled charter mission departing the United 
    States.
        (4) A preflight safety inspection of each aircraft used for 
    domestic charter missions conducted to the greatest extent 
    practical.
        (5) Operational check-rides on aircraft conducted periodically.

    (c) Commercial Airlift Review Board.--The Secretary shall establish 
a Commercial Airlift Review Board within the Department of Defense. The 
Board shall consist of personnel from the Department of Defense and 
other Government personnel as may be appropriate. The duties of the 
Board shall be--
        (1) to make recommendations to the Secretary on suspension and 
    reinstatement of air carriers under subsection (d);
        (2) to make recommendations to the Secretary on waivers under 
    subsection (g); and
        (3) to carry out such other duties and make recommendations on 
    such other matters as the Secretary considers appropriate.

    (d) Suspension and Reinstatement.--(1) The Secretary shall establish 
guidelines for the suspension of air carriers under contract with the 
Department of Defense for the charter air transportation of members of 
the armed forces and for the reinstatement of air carriers that have 
been so suspended. The guidelines--
        (A) shall require the immediate determination of whether to 
    suspend an air carrier if an aircraft of the air carrier is involved 
    in a fatal accident; and
        (B) may require the suspension of an air carrier--
            (i) if the carrier is in violation of any order, rule, 
        regulation, or standard prescribed under chapter 447 of title 
        49; or
            (ii) if an aircraft of the air carrier is involved in a 
        serious accident.

    (2) The Commercial Airlift Review Board shall make recommendations 
to the Secretary on suspension and reinstatement under this subsection.
    (3) The Secretary shall include in each contract subject to this 
section the provisions on

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suspension and reinstatement established under this subsection.
    (e) Authority To Leave Unsafe Aircraft.--A representative of the 
Military Airlift Command, the Military Traffic Management Command, or 
such other agency as may be designated by the Secretary of Defense (or 
if there is no such representative reasonably available, the senior 
officer on board a chartered aircraft) may order members of the armed 
forces to leave a chartered aircraft if the representative (or officer) 
determines that a condition exists on the aircraft which may endanger 
the safety of the members.
    (f) FAA Information.--The Secretary shall request the Secretary of 
Transportation to provide to the Secretary a report on each inspection 
performed by Federal Aviation Administration personnel, and the status 
of corrective actions taken, on each aircraft of an air carrier under 
contract with the Department of Defense for the charter air 
transportation of members of the armed forces.
    (g) Waiver.--After considering recommendations by the Commercial 
Airlift Review Board, the Secretary may waive any provision of this 
section in an emergency.

        

            
 
          
    (h) Authority To Protect Safety-Related Information Voluntarily 
Provided by an Air Carrier.--(1) Subject to paragraph (2), the Secretary 
of Defense may (notwithstanding any other provision of law) withhold 
from public disclosure safety-related information that is provided to 
the Secretary voluntarily by an air carrier for the purposes of this 
section.
    (2) Information may be withheld under paragraph (1) from public 
disclosure only if the Secretary determines that--
        (A) the disclosure of the information would inhibit an air 
    carrier from voluntarily providing, in the future, safety-related 
    information for the purposes of this section or for other air safety 
    purposes involving the Department of Defense or another Federal 
    agency; and
        (B) the receipt of such information generally enhances the 
    fulfillment of responsibilities under this section or other air 
    safety responsibilities involving the Department of Defense or 
    another Federal agency.

    (3) If the Secretary provides to the head of another agency safety-
related information described in paragraph (1) with respect to which the 
Secretary has made a determination described in paragraph (2), the head 
of that agency shall (notwithstanding any other provision of law) 
withhold the information from public disclosure unless the disclosure is 
specifically authorized by the Secretary.
    (i) Regulations.--The Secretary shall prescribe regulations to carry 
out this section, including requirements and identification of 
inspecting personnel with respect to preflight safety inspections 
required by subsection (b)(3).
    (j) Definitions.--In this section:
        (1) The terms ``air carrier'', ``aircraft'', ``air 
    transportation'', and ``charter air transportation'' have the 
    meanings given such terms by section 40102(a) of title 49.
        (2) The term ``members of the armed forces'' means members of 
    the Army, Navy, Air Force, and Marine Corps.

(Added Pub. L. 99-661, div. A, title XII, Sec. 1204(a)(1), Nov. 14, 
1986, 100 Stat. 3969; amended Pub. L. 103-272, Sec. 5(b)(1), July 5, 
1994, 108 Stat. 1373; Pub. L. 105-85, div. A, title X, Sec. 1075(a), 
Nov. 18, 1997, 111 Stat. 1911.)


                               Amendments

    1997--Subsecs. (h) to (j). Pub. L. 105-85 added subsec. (h) and 
redesignated former subsecs. (h) and (i) as (i) and (j), respectively.
    1994--Subsecs. (a)(1)(A), (d)(1)(B)(i). Pub. L. 103-272, 
Sec. 5(b)(1)(A), substituted ``chapter 447 of title 49'' for ``title VI 
of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.)''.
    Subsec. (i)(1). Pub. L. 103-272, Sec. 5(b)(1)(B), substituted 
``section 40102(a) of title 49'' for ``sections 101(3), 101(5), 101(10), 
and 101(15), respectively, of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1301(3), 1301(5), 1301(10), and 1301(15))''.


                    Effective Date of 1997 Amendment

    Section 1075(b) of Pub. L. 105-85 provided that: ``Subsection (h) of 
section 2640 of title 10, United States Code, as added by subsection 
(a), shall apply with respect to requests for information made on or 
after the date of the enactment of this Act [Nov. 18, 1997].''


                             Effective Date

    Section 1204(c) of Pub. L. 99-661 provided that: ``Section 2640 of 
title 10, United States Code, as added by subsection (a), shall apply 
only to contracts which are entered into on or after the date on which 
the regulations required by subsection (b) are prescribed [set out 
below].''


                               Regulations

    Section 1204(b) of Pub. L. 99-661 required Secretary of Defense, not 
later than 120 days after Nov. 14, 1986, to prescribe regulations 
required by this section.