§2640 Charter air transportation of members of the armed forces or cargo

Summary

The Secretary of Defense cannot hire an airline to charter flights for service members or to carry military cargo unless the airline meets DOT safety rules, has at least 12 months of experience doing similar flights, and passes a technical safety check that includes inspecting a sample of its planes under rules set after talking with the Secretary of Transportation. The Department of Defense must inspect every contracted carrier. Inspections must include an on-site capability survey at least once every two years, a performance check at least once every six months, preflight safety checks for each plane used on international charter flights no more than 72 hours before departure (and preflight checks for domestic charters when practical), and periodic operational check-rides. The Secretary must create a Commercial Airlift Review Board made of DoD and other government staff to recommend suspensions, reinstatements, and waivers. The Secretary must have rules for suspending or reinstating carriers, including a required immediate review if a carrier’s plane has a fatal accident and possible suspension for serious accidents or violations of FAA rules under chapter 447 of title 49. A designated military representative or, if none is available, the senior officer on board may order people or cargo off a plane if it seems unsafe. The Secretary must get FAA inspection reports from the Secretary of Transportation, may waive rules in an emergency after Board input, may keep voluntarily given safety information secret when disclosure would discourage reporting and the information helps safety, and must write regulations to carry out these duties. Terms like “air carrier,” “aircraft,” “air transportation,” “cargo,” and “charter air transportation” follow 49 U.S.C. 40102(a). “Members of the armed forces” means Army, Navy, Air Force, Marine Corps, and Space Force.