hicle owned by him (or a dependent of his) was transported" for "one motor vehicle owned by him and for his personal use or the use of his dependents may, unless a motor vehicle owned by him was transported" in provisions preceding par. (1) and, in provisions following par. (4), inserted "(or a dependent of the member)" after "one additional motor vehicle of the member". 1974-Subsec. (a)(4). Pub. L. 93-548, § 1, added par. (4). Subsec. (c). Pub. L. 93-548, § 2, added subsec. (c). 1965-Pub. L. 89-101 substituted "change of permanent station" for "permanent change of station" in section catchline, designated existing provisions as subsec. (a), substituted "change of permanent station" for "permanent change of station" in two places, inserted "or for the use of his dependents" and "or such other place as the Secretary concerned may authorize", added cl. 3, provided for the transportation of one additional motor vehicle when replacement is necessary, and added subsec. (b). 1964-Pub. L. 88-431 inserted ", leased, or chartered" and "unless a motor vehicle owned by him was transported in advance of that permanent change of station under section 406(h) of title 37". EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-661, applicable with respect to members whose dependents are unable to accompany them to an overseas permanent duty station because of circumstances arising on or after Nov. 14, 1986, see section 620(c)(2) of Pub. L. 99-661, set out as a note under section 406 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1965 Amendment; ReimbursemeNT OF EXPENSES Section 3 of Pub. L. 89-101 provided that: "This Act [amending this section and section 406 of title 37] shall be effective May 1, 1965. Any member who "(1) transported a motor vehicle at his personal expense after April 30, 1965, and before the enactment of this Act [July 30, 1965]; and "(2) would have been entitled to the transportation of such motor vehicle at Government expense under the provisions of this Act; shall be reimbursed for the allowable transportation cost actually expended by him. Appropriations available for permanent change of station travel shall be available for the reimbursements authorized by this Act." PUBLIC HEALTH SERVICE Authority vested by this section in "the Secretary concerned" to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by this section in "the Secretary concerned" to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or his designee, see section 857a of Title 33, Navigation and Navigable Waters. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 33 section 857a; title 37 sections 406, 406b, 406c; title 42 section 213a. § 2635. Medical emergency helicopter transportation assistance and limitation of individual liability (a) The Secretary of Defense is authorized to assist the Department of Health and Human Services and the Department of Transportation in providing medical emergency helicopter transportation services to civilians. Any resources provided under this section shall be under such terms and conditions, including reimbursement, as the Secretary of Defense deems appropriate and shall be subject to the following specific limitations: (1) Assistance may be provided only in areas where military units able to provide such assistance are regularly assigned, and military units shall not be transferred from one area to another for the purpose of providing such assistance. (2) Assistance may be provided only to the extent that it does not interfere with the performance of the military mission. (3) The provision of assistance shall not cause any increase in funds required for the operation of the Department of Defense. (b) No individual (or his estate) who is au thorized by the Department of Defense to per form services under a program established pur suant to subsection (a), and who is acting within the scope of his duties, shall be liable for injury to, or loss of property or personal injury or death which may be caused incident to providing such services. (Added Pub. L. 93-155, title VIII, § 814(a), Nov. 16, 1973, 87 Stat. 620; amended Pub. L. 96-513, title V, § 511(88), Dec. 12, 1980, 94 Stat. 2928.) The words "An amount deducted from an amount due" are substituted for "Moneys arising from deductions made from" for clarity. The words "military or naval" and "account of" are omitted as surplus. The words "a military department" are substituted for "the Departments of the Army, Navy, or Air Force because of 10:101(7). The Department of War was designated the Department of the Army by section 205(a) of the Act of July 26, 1947 (ch, 343, 61 Stat. 501), and by sections 1 and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 157, 676). The Department of the Air Force is included because of sections 205(a) and 207(a) and (f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and section 1 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488). § 2637. Transportation in certain areas outside the United States The Secretary of Defense may authorize the commander of a unified combatant command to use Government owned or leased vehicles to provide transportation in an area outside the United States for members of the uniformed services and Federal civilian employees under the jurisdiction of that commander, and for the dependents of such members and employees, if the commander determines that public or private transportation in such area is unsafe or not available. Such transportation shall be provided in accordance with regulations prescribed by the Secretary of Defense. (Added Pub. L. 101-510, div. A, title III, § 326(a)(1), Nov. 5, 1990, 104 Stat. 1531.) PRIOR PROVISIONS A prior section 2637, added Pub. L. 98-525, title VI, § 614(a), Oct. 19, 1984, 98 Stat. 2540, related to use of passenger motor vehicles of United States for transportation between residences and places of work of senior defense officials, prior to repeal by Pub. L. 99-550, § 2(a)(1), Oct. 27, 1986, 100 Stat. 3070. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 1344. § 2638. Transportation of civilian clothing of enlisted members The Secretary of the military department concerned may provide for the transportation of the civilian clothing of any person entering the armed forces as an enlisted member to the member's home of record. (Added Pub. L. 98-525, title XIV, § 1401(j)(1), Oct. 19, 1984, 98 Stat. 2620.) PRIOR PROVISIONS Provisions similar to those comprising this section were contained in the following appropriation acts: Oct. 12, 1984, Pub. L. 98-473, title I, § 101(h) [title VIII, § 8005), 98 Stat. 1904, 1922. Dec. 8, 1983, Pub. L. 98-212, title VII, § 708, 97 Stat. 1438. Dec. 21, 1982, Pub. L. 97-377, title I, § 101(c) [title VII, § 7081, 96 Stat. 1833, 1850. Dec. 29, 1981, Pub. L. 97-114, title VII, § 708, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96-527, title VII, § 708, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96-154, title VII, § 708, 93 Stat. 1152. Oct. 13, 1978, Pub. L. 95-457, title VIII, § 808, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95-111, title VIII, § 807, 91 Stat. 899. Sept. 22, 1976, Pub. L. 94-419, title VII, § 707, 90 Stat. 1291. Dec. 29, 1969, Pub. L. 91-171, title VI, § 607, 83 Stat. 480. Oct. 17, 1968, Pub. L. 90-580, title V, § 506, 82 Stat. 1129. Sept. 29, 1967, Pub. L. 90-96, title VI, § 606, 81 Stat. 242. EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525, set out as a note under section 520b of this title. § 2639. Transportation to and from school for certain minor dependents Funds appropriated to the Department of Defense may be used to provide minor dependents of members of the armed forces and of civilian officers and employees of the Department of Defense with transportation to and from primary and secondary schools if the schools attended by the dependents are not accessible by regular means of transportation. (Added Pub. L. 98-525, title XIV, § 1401(j)(1), Oct. 19, 1984, 98 Stat. 2620.) PRIOR PROVISIONS Provisions similar to those comprising this section were contained in the following appropriation acts: Oct. 12, 1984, Pub. L. 98-473, title I, § 101(h) [title VIII, § 8005], 98 Stat. 1904, 1922. Dec. 8, 1983, Pub. L. 98-212, title VII, § 708, 97 Stat. 1438. Dec. 21, 1982, Pub. L. 97-377, title I, § 101(c) [title VII, § 708], 96 Stat. 1833, 1850. Dec. 29, 1981, Pub. L. 97-114, title VII, § 708, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96-527, title VII, § 708, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96-154, title VII, § 708, 93 Stat. 1152. Oct. 13, 1978, Pub. L. 95-457, title VIII, § 808, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95-111, title VIII, § 807, 91 Stat. 899. Sept. 22, 1976, Pub. L. 94-419, title VII, § 707, 90 Stat. 1291. Feb. 9, 1976, Pub. L. 94-212, title VII, § 707, 90 Stat. 168. Oct. 8, 1974, Pub. L. 93-437, title VIII, § 807, 88 Stat. 1225. Jan. 2, 1974, Pub. L. 93-238, title VII, § 707, 87 Stat. 1038. Oct. 26, 1972, Pub. L. 92-570, title VII, § 707, 86 Stat. 1196. Dec. 18, 1971, Pub. L. 92-204, title VII, § 707, 85 Stat. 727. Jan. 11, 1971, Pub. L. 91-668, title VIII, § 807, 84 Stat. 2030. Dec. 29, 1969, Pub. L. 91-171, title VI, § 607, 83 Stat. 480. Feb. 9, 1976, Pub. L. 94-212, title VII, § 707, 90 Stat. 168. Oct. 8, 1974, Pub. L. 93-437, title VIII, § 807, 88 Stat. 1225. 873. Jan. 2, 1974, Pub. L. 93-238, title VII, § 707, 87 Stat. 1038. 475. Oct. 26, 1972, Pub. L. 92-570, title VII, § 707, 86 Stat. 1196. Dec. 18, 1971, Pub. L. 92-204, title VII, § 707, 85 Stat. 727. 328. Jan. 11, 1971, Pub. L. 91-668, title VIII, § 807, 84 Stat. 2030. Oct. 17, 1968, Pub. L. 90-580, title V, § 506, 82 Stat. 1129. Sept. 29, 1967, Pub. L. 90-96. title VI, § 606, 81 Stat. 242. Oct. 15, 1966, Pub. L. 89-687, title VI, § 606, 80 Stat. 991. Sept. 29, 1965, Pub. L. 89-213, title VI, § 606, 79 Stat. Aug. 19, 1964, Pub. L. 88-446, title V, § 506, 78 Stat. Oct. 17, 1963, Pub. L. 88-149, title V, § 506, 77 Stat. 264. Aug. 9, 1962, Pub. L. 87-577, title V, § 506, 76 Stat. Aug. 17, 1961, Pub. L. 87-144, title VI, § 606, 75 Stat. 375. July 7, 1960, Pub. L. 86-601, title V, § 506, 74 Stat. 350. Aug. 18, 1959, Pub. L. 86-166, title V, § 606, 73 Stat. 378. Aug. 22, 1958, Pub. L. 85-724, title VI, § 606, 72 Stat. 724. Aug. 2, 1957, Pub. L. 85-117, title VI, § 607, 71 Stat. 323. July 2, 1956, ch. 488, title VI, § 607, 70 Stat. 468. Oct. 29, 1949, ch. 787, title VI, § 625, 63 Stat. 1021. July 30, 1947, ch. 357, title I, § 2, 61 Stat. 569. EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525, set out as a note under section 520b of this title. § 2640. Charter air transportation of members of the armed forces (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 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. 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 Secre tary on suspension and reinstatement of air carriers under subsection (d); (2) to make recommendations to the Secre tary 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 sus pension of air carriers under contract with the Department of Defense for the charter air transportation of members of the armed forces 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 designat. ed 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 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. (f) FAA INFORMATION.-The Secretary shall request the Secretary of Transportation to provide to the Secretary a report on each inspec tion performed by Federal Aviation Administration personnel, and the status of corrective ac tions taken, on each aircraft of an air carrier under contract with the Department of De fense for the charter air transportation of members of the armed forces. (g) WAIVER.-After considering recommenda tions by the Commercial Airlift Review Board the Secretary may waive any provision of this section in an emergency. (h) REGULATIONS.-The Secretary shall pre scribe regulations to carry out this section, including requirements and identification of in Page 1249 specting personnel with respect to preflight safety inspections required by subsection (b)(3). (i) DEFINITIONS.-In this section: (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.) AMENDMENTS 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))". EFFECTIVE DATE Section 1204(c) of Pub. L. 99-661 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 Section 1204(b) of Pub. L. 99-661 required Secretary of Defense, not later than 120 days after Nov. 14, 1986, to prescribe regulations required by this section. § 2641. Transportation of certain veterans on Department of Defense aeromedical evacuation aircraft (a) The Secretary of Defense may provide transportation on an aircraft operating under the aeromedical evacuation system of the Department of Defense for the purpose of transporting a veteran to or from a Department of Veterans Affairs medical facility or of transporting the remains of a deceased veteran who died at such a facility after being transported to the facility under this subsection. Transportation of the remains of a deceased veteran under this subsection may be provided to the place from which the veteran was transported to the facility or to any other destination which is not farther away from the facility than such place. (b) Transportation under this section shall be provided in accordance with an agreement entered into between the Secretary of Defense and the Secretary of Veterans Affairs. Such an agreement shall provide that transportation may be furnished to a veteran (or for the remains of a veteran) on an aircraft referred to in subsection (a) only if— (1) the Secretary of Veterans Affairs notifies the Secretary of Defense that the veteran needs or has been furnished medical care or services in a Department of Veterans Affairs facility and the Secretary of Veterans Affairs requests such transportation in connection with the travel of such veteran (or of the remains of such veteran) to or from the Depart ment of Veterans Affairs facility where the care or services are to be furnished or were furnished to such veteran; (2) there is space available for the veteran (or the remains of the veteran) on the aircraft; and (3) there is an adequate number of medical and other service attendants to care for all persons being transported on the aircraft. (c) A veteran is not eligible for transportation under this section unless the veteran is a primary beneficiary within the meaning of clause (A) of section 8111(g)(5) of title 38. (d)(1) A charge may not be imposed on a veteran (or on the survivors of a veteran) for transportation provided to the veteran (or for the remains of the veteran) under this section. (2) An agreement under subsection (b) shall provide that the Department of Veterans Affairs shall reimburse the Department of Defense for any costs incurred in providing transportation to veterans (or for the remains of veterans) under this section that would not otherwise have been incurred by the Department of Defense. (e) In this section, the term "veteran" has the meaning given that term in section 101(2) of title 38. (Added Pub. L. 100-180, div. A, title XII, § 1250(a)(1), Dec. 4, 1987, 101 Stat. 1167; amended Pub. L. 101-189, div. A, title XVI, § 1621(a)(1), (2), (8), Nov. 29, 1989, 103 Stat. 1602, 1603; Pub. L. 103-337, div. A, title VI, § 652(b), title X, § 1070(e)(8), Oct. 5, 1994, 108 Stat. 2794, 2859.) AMENDMENTS 1994-Subsec. (a). Pub. L. 103-337, § 652(b)(1), inserted before period "or of transporting the remains of a deceased veteran who died at such a facility after being transported to the facility under this subsection. Transportation of the remains of a deceased veteran under this subsection may be provided to the place from which the veteran was transported to the facility or to any other destination which is not farther away from the facility than such place". Subsec. (b). Pub. L. 103-337, § 652(b)(2)(A)(i), inserted "(or for the remains of a veteran)" after "furnished to a veteran" in introductory provisions. Subsec. (b)(1). Pub. L. 103-337, § 652(b)(2)(A)(ii), inserted "(or of the remains of such veteran)" after "of such veteran". Subsec. (b)(2). Pub. L. 103-337, § 652(b)(2)(A)(iii), inserted "(or the remains of the veteran)" after “for the veteran". Subsec. (c). Pub. L. 103-337, § 1070(e)(8), substituted "section 8111(g)(5) of title 38" for "section 5011(g)(5) of title 38". Subsec. (d)(1). Pub. L. 103–337, § 652(b)(2)(B), inserted "(or on the survivors of a veteran)" after “on a veteran" and "(or for the remains of the veteran)" after "to the veteran". Subsec. (d)(2). Pub. L. 103–337, § 652(b)(2)(C), inserted "(or for the remains of veterans)" after "to veterans". 1989-Subsec. (a). Pub. L. 101-189, § 1621(a)(1), substituted "Department of Veterans Affairs" for "Veterans' Administration". Subsec. (b). Pub. L. 101-189, § 1621(a)(2), substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs" in introductory provisions and in par. (1). § 2642. Reimbursement rate for airlift services provided to Central Intelligence Agency (a) AUTHORITY.-The Secretary of Defense may authorize the use of the Department of Defense reimbursement rate for military airlift services provided by a component of the Department of Defense to the Central Intelligence Agency, if the Secretary of Defense determines that those military airlift services are provided for activities related to national security objectives. (b) DEFINITION.-In this section, the term "Department of Defense reimbursement rate" means the amount charged a component of the Department of Defense by another component of the Department of Defense. (Added Pub. L. 102-88, title V, § 501(a), Aug. 14, 1991, 105 Stat. 435.) CHAPTER 159-REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NONEXCESS PROPERTY Sec. 2661. [2661a. 2662. 2663. 2664. 2665. 2666. 2667. [2667a. 2668. 2669. 2670. 2671. 2672. 2672a. 2673. 2674. 2675. 2676. 2677. Miscellaneous administrative provisions relating to real property. Repealed.] Real property transactions: reports to congressional committees. Acquisition. Acquisition of property for lumber production. Sale of certain interests in land; logs. Easements for rights-of-way. Easements for rights-of-way: gas, water, sewer pipe lines. Licenses: military installations; erection and use of buildings; American National Red Cross. Military reservations and facilities: hunting, fishing, and trapping. Acquisition: interests in land when cost is not more than $200,000. Acquisition: interests in land when need is urgent. Acquisition of certain interests in land: availability of funds. Operation and control of the Pentagon Reservation. Leases: foreign countries. Options: property required for military construction projects. 1993-Pub. L. 103-160, div. A, title VIII, § 846(b), Nov. 30, 1993, 107 Stat. 1723, added item 2681. 1992-Pub. L. 102-496, title IV, § 403(a)(2)(B), Oct. 24, 1992, 106 Stat. 3185, substituted "reports to con gressional committees" for "Reports to the Armed Services Committees" in item 2662. 1991-Pub. L. 102-190, div. B, title XXVIII, § 2863(a)(2), Dec. 5, 1991, 105 Stat. 1560, added item 2680. 1990-Pub. L. 101-647, title XVIII, § 1802(b), Nov. 29, 1990, 104 Stat. 4850, added item 2693. Pub. L. 101-510, div. A, title XIV. § 1481(h)(2), div. B, title XXVIII, § 2804(a)(2), Nov. 5, 1990, 104 Stat. 1708, 1785, added items 2674 and 2678. 1988-Pub. L. 100-370, §§ 1()(4), 2(b)(2), July 19, 1988, 102 Stat. 849, 854, added items 2661 and 2673 and struck out item 2693 "Prohibition on contracts for per formance of firefighting or security-guard functions" 1987-Pub. L. 100-224, § 5(b)(3), Dec. 30, 1987, 101 Stat. 1538, inserted "; prohibition on converting cer tain heating facilities" after "systems" in item 2690. Pub. L. 100-180, div. A, title XI, § 1112(b)(3), Dec. 4. 1987, 101 Stat. 1147, inserted "or security-guardTM before "functions" in item 2693. 1986-Pub. L. 99-661, div. A, title XII, §§ 1205(a)(2), 1222(a)(2), Nov. 14, 1986, 100 Stat. 3972, 3976, substi tuted "Fuel sources for heating systems" for "Restric tion on fuel sources for new heating systems" in item 2690 and added item 2693. Pub. L. 98-115, title VIII, § 807(c)(2), Oct. 11, 1983. 97 Stat. 789; Pub. L. 99-167, title VIII, § 806(a), Dec. 3. 1985, 99 Stat. 988, struck out item 2667a "Sale and re placement of nonexcess real property", eff. Oct. 1, |