---
kind: "section"
citation: "10 U.S.C. § 2640"
title: "10"
title_heading: "Armed Forces"
number: "2640"
heading: "Charter air transportation of members of the armed forces or cargo"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2640"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 157 — Transportation"
---

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

- (a) **Requirements.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may not enter into a contract with an air carrier for the charter air transportation of members of the [armed forces](/usc/10/101.md?p=a-4) or cargo unless the air carrier—
    - (A) meets, at a minimum, the safety [standards](/usc/10/3011.md?p=3) established by the [Secretary](/usc/10/4951.md?p=3) of Transportation under [chapter 447](/usc/49/chstVII/ptA/sptiii/ch447.md) 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](/usc/10/101.md?p=a-6) of Defense; and
    - (C) undergoes a technical safety evaluation.
  - (2) For purposes of [paragraph (1)(C)](#a-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](/usc/10/4951.md?p=3), after consultation with the [Secretary](/usc/10/4951.md?p=3) of Transportation.
- (b) **Inspections.—** The [Secretary](/usc/10/4951.md?p=3) shall provide for inspections of each air carrier that contracts with the [Department](/usc/10/101.md?p=a-6) of Defense for the charter air transportation of members of the [armed forces](/usc/10/101.md?p=a-4) or cargo. The inspections shall be conducted in accordance with [standards](/usc/10/3011.md?p=3) established by the [Secretary](/usc/10/4951.md?p=3), after consultation with the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-1).
  - (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](/usc/10/4951.md?p=3) shall establish a Commercial Airlift Review Board within the [Department](/usc/10/101.md?p=a-6) of Defense. The Board shall consist of personnel from the [Department](/usc/10/101.md?p=a-6) of Defense and other Government personnel as may be appropriate. The duties of the Board shall be—
  - (1) to make recommendations to the [Secretary](/usc/10/4951.md?p=3) on suspension and reinstatement of air carriers under [subsection (d)](#d);
  - (2) to make recommendations to the [Secretary](/usc/10/4951.md?p=3) on waivers under [subsection (g)](#g); and
  - (3) to carry out such other duties and make recommendations on such other matters as the [Secretary](/usc/10/4951.md?p=3) considers appropriate.
- (d) **Suspension and Reinstatement.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) shall establish guidelines for the suspension of air carriers under contract with the [Department](/usc/10/101.md?p=a-6) of Defense for the charter air transportation of members of the [armed forces](/usc/10/101.md?p=a-4) 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](/usc/49/chstVII/ptA/sptiii/ch447.md) 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](/usc/10/4951.md?p=3) on suspension and reinstatement under this subsection.
  - (3) The [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/801.md?p=8) Airlift Command, the [Military](/usc/10/801.md?p=8) Traffic Management Command, or such other [agency](/usc/10/3451.md?p=3) as may be designated by the [Secretary](/usc/10/4951.md?p=3) of Defense (or if there is no such representative reasonably available, the senior [officer](/usc/10/101.md?p=b-1) on board a chartered aircraft) may order members of the [armed forces](/usc/10/101.md?p=a-4) or cargo to leave a chartered aircraft if the representative (or [officer](/usc/10/101.md?p=b-1)) determines that a condition exists on the aircraft which may endanger the safety of the members or cargo.
- (f) **FAA Information.—** The [Secretary](/usc/10/4951.md?p=3) shall request the [Secretary](/usc/10/4951.md?p=3) of Transportation to provide to the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-6) of Defense for the charter air transportation of members of the [armed forces](/usc/10/101.md?p=a-4) or cargo.
- (g) **Waiver.—** After considering recommendations by the Commercial Airlift Review Board, the [Secretary](/usc/10/4951.md?p=3) 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)](#h-2), the [Secretary](/usc/10/4951.md?p=3) of Defense may (notwithstanding any other provision of law) withhold from public disclosure safety-related information that is provided to the [Secretary](/usc/10/4951.md?p=3) voluntarily by an air carrier for the purposes of this section.
  - (2) Information may be withheld under [paragraph (1)](#h-1) from public disclosure only if the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-6) of Defense or another Federal [agency](/usc/10/3451.md?p=3); and
    - (B) the receipt of such information generally enhances the fulfillment of responsibilities under this section or other air safety responsibilities involving the [Department](/usc/10/101.md?p=a-6) of Defense or another Federal [agency](/usc/10/3451.md?p=3).
  - (3) If the [Secretary](/usc/10/4951.md?p=3) provides to the head of another [agency](/usc/10/3451.md?p=3) safety-related information described in [paragraph (1)](#h-1) with respect to which the [Secretary](/usc/10/4951.md?p=3) has made a determination described in [paragraph (2)](#h-2), the head of that [agency](/usc/10/3451.md?p=3) shall (notwithstanding any other provision of law) withhold the information from public disclosure unless the disclosure is specifically authorized by the [Secretary](/usc/10/4951.md?p=3).
- (i) **Regulations.—** The [Secretary](/usc/10/4951.md?p=3) 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)](#b-3).
- (j) **Definitions.—** In this section:
  - (1) The terms “air carrier”, “aircraft”, “air transportation”, “cargo”, and “charter air transportation” have the meanings given such terms by [section 40102(a) of title 49](/usc/49/40102.md?p=a).
  - (2) The term “members of the [armed forces](/usc/10/101.md?p=a-4)” means members of the Army, Navy, Air Force, Marine Corps, and Space Force.

## Source credit

(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; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(P), Jan. 1, 2021, 134 Stat. 3820; Pub. L. 117–81, div. A, title X, § 1083(d)(1), Dec. 27, 2021, 135 Stat. 1923.)

## Notes

### 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 “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))”.

### 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.