114 STAT. 156 PUBLIC LAW 106-181—APR. 5, 2000 " (3) QUALIFIED NON-CREWMEMBER.— The term 'qualified non-crewmember' means an individual, other than a member of the crew, aboard an aircraft— "(A) operated by the armed forces or an intelligence agency of the United States Government; or "(B) whose presence is required to perform, or is associated with the performance of, a governmental function. "(4) ARMED FORCES.— The term 'armed forces' has the meaning given such term by section 101 of title 10. "(b) AIRCRAFT OWNED BY GOVERNMENTS.— An aircraft described in subparagraph (A), (B), (C), or (D) of section 40102(a)(37) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember. "(c) AIRCRAFT OWNED OR OPERATED BY THE ARMED FORCES. — "(1) IN GENERAL.— Subject to paragraph (2), an aircraft described in section 40102(a)(37)(E) qualifies as a public aircraft if— "(A) the aircraft is operated in accordance with title 10; "(B) the aircraft is operated in the performance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or "(C) the aircraft is chartered to provide transportation to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation of the aircraft as being required in the national interest. "(2) LIMITATION.—An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control of the Department of Defense.". (2) CONFORMING AMENDMENT.—The analysis for chapter 401 is amended by adding at the end the following: "40125. Qualifications for public aircraft status.". (c) SAFETY OF PUBLIC AIRCRAFT.— (1) STUDY.— The National Transportation Safety Board shall conduct a study to compare the safety of public aircraft and civil aircraft. In conducting the study, the Board shall review safety statistics on aircraft operations since 1993. Deadline. (2) REPORT.— Not later than 6 months after the date of the enactment of this Act, the National Transportation Safety Board shall transmit to Congress a report containing the results of the study conducted under paragraph (1). SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS. Section 40110 (as amended by section 307(b) of this Act) is further amended by adding at the end the following: "(e) PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.— "(1) GENERAL RULE. —Except as provided in paragraph (2), a proposal in the possession or control of the Administrator may not be made available to any person under section 552 of title 5. Federal Register, " (2) EXCEPTION.—Paragraph (1) shall not apply to any porpublication. tion of a proposal of an offeror the disclosure of which is
�
