§2640 Charter Air Transportation of Members of the Armed Forces or Cargo

Summary

The Defense Department must only hire private airlines to fly troops or military cargo if the airline meets Transportation Department 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 the Defense Department makes after talking with Transportation. The Department must inspect each contractor on a schedule: a full on-site capability survey at least once every two years, a performance check at least once every six months, preflight safety inspections for international charter flights done no more than 72 hours before departure, practical preflight checks for domestic charters, and periodic operational check-rides. The Secretary of Defense will create a Commercial Airlift Review Board of Defense and other government staff to recommend suspensions, reinstatements, and waivers. The Department must act quickly if an airline’s plane is in a fatal accident and may suspend a carrier for serious accidents or for breaking rules under chapter 447 of title 49. A military representative or the senior officer aboard can order troops or cargo off a flight if it seems unsafe. The Defense Department must get FAA inspection reports and fixes from Transportation. In emergencies the Secretary may waive rules after Board advice. Voluntary safety information from carriers can be kept from the public if disclosure would stop future reports and helps safety. The Secretary must write rules and name who does the inspections. Terms come from title 49; “members of the armed forces” means Army, Navy, Air Force, Marine Corps, and Space Force.