10 U.S.C. § 2640: Charter air transportation…

Summary

Requires the Secretary of Defense to hire only air carriers that meet safety rules in chapter 447 of title 49, have at least 12 months of similar flying experience, and pass a technical safety check. That safety check must include inspecting a representative number of planes and follow rules the Secretary makes after talking with the Secretary of Transportation. The Department must inspect contracted carriers regularly: an on-site capability survey at least once every two years, a performance review at least once every six months, preflight safety checks for international charter flights no more than 72 hours before departure (and preflight checks for domestic flights when practical), and periodic in-flight check-rides. The Secretary must set up a Commercial Airlift Review Board to advise on suspensions, reinstatements, and waivers. The Secretary must make rules for suspending carriers and must immediately decide whether to suspend a carrier after any fatal accident; suspension can also come after serious accidents or violations of chapter 447 rules. A designated military representative (or the senior officer on board if no representative is available) can order troops or cargo off an unsafe plane. The Secretary will get FAA inspection reports and can waive rules in an emergency after Board advice. The Secretary may keep voluntary safety reports from carriers private if sharing them would stop future reporting and if they help safety. The Secretary must write regulations to carry out these duties. The terms “air carrier,” “aircraft,” “air transportation,” “cargo,” and “charter air transportation” use the meanings in 49 U.S.C. 40102(a). “Members of the armed forces” means Army, Navy, Air Force, Marine Corps, and Space Force.

Title 10, §2640

Armed Forces, Source: USLM XML via OLRC

(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 or cargo 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 or cargo. 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 or cargo 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 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 or cargo 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 or cargo.

(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 or cargo.

(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)

(2)The term “members of the armed forces” means members of the Army, Navy, Air Force, Marine Corps, and Space Force.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 117–81, § 1083(d)(1)(A), inserted “or cargo” after “armed forces” in section catchline. Subsec. (a)(1). Pub. L. 117–81, § 1083(d)(1)(B), inserted “or cargo” after “members of the armed forces” in introductory provisions. Subsec. (b). Pub. L. 117–81, § 1083(d)(1)(C), inserted “or cargo” after “members of the armed forces” in introductory provisions. Subsec. (d)(1). Pub. L. 117–81, § 1083(d)(1)(D), inserted “or cargo” after “members of the armed forces” in introductory provisions. Subsec. (e). Pub. L. 117–81, § 1083(d)(1)(E), inserted “or cargo” after “members of the armed forces” and before period at end. Subsec. (f). Pub. L. 117–81, § 1083(d)(1)(F), inserted “or cargo” after “members of the armed forces”. Subsec. (j)(1). Pub. L. 117–81, § 1083(d)(1)(G), inserted “ ‘cargo’,” after “ ‘air transportation’,”. Subsec. (j)(2). Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”. 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, § 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, § 5(b)(1)(B), substituted “section 40102(a) of title 49” for “section 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))”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 Amendment Pub. L. 105–85, div. A, title X, § 1075(b), Nov. 18, 1997, 111 Stat. 1911, 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

Pub. L. 99–661, div. A, title XII, § 1204(c), Nov. 14, 1986, 100 Stat. 3971, 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

Pub. L. 99–661, div. A, title XII, § 1204(b), Nov. 14, 1986, 100 Stat. 3971, required Secretary of Defense, not later than 120 days after Nov. 14, 1986, to prescribe

Regulations

required by this section.

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

Summary

Title 10, §2640

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Regulations

Regulations

Citations & Metadata