(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.
(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.
(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.
(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.
(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.
(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, §1204(a)(1), Nov. 14, 1986, 100 Stat. 3969; amended Pub. L. 103–272, §5(b)(1), July 5, 1994, 108 Stat. 1373; Pub. L. 105–85, div. A, title X, §1075(a), Nov. 18, 1997, 111 Stat. 1911.)
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 "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))".
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]."
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]."
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.