Title 10, Armed ForcesRelease 119-110

§2649 Civilian Passengers and Commercial Cargoes: Transportation on Department of Defense Vessels, Vehicles, and Aircraft

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 157 — TRANSPORTATION › § 2649

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense may carry civilian passengers and commercial cargo on DoD ships, vehicles, or planes when commercial space is not available and DoD space is. Charges must be at least what commercial carriers charge for the same service. If the transport is for an emergency, disaster, or humanitarian help, any fee charged cannot be more than the cost to provide the transport. Money paid for emergency or humanitarian moves can be put back into the fund that paid for the move. Other payments must go to the U.S. Treasury as miscellaneous receipts. If moving allied or civilian people or cargo helps a contingency or disaster response, the Secretary may transport them for free as long as it does not interfere with military operations. The Secretary can also arrange for commercial insurance for non-DoD shippers using the Defense Transportation System. Any insurance deal must have the insurer collect premiums, handle and pay claims, agree to protect the United States from liability, and require insured shippers to waive claims against the United States for losses the insurance covers.

Full Legal Text

Title 10, §2649

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—
Whenever space is unavailable on commercial lines and is available on vessels, vehicles, or aircraft operated by the Department of Defense, civilian passengers and commercial cargo may, in the discretion of the Secretary of Defense, be transported on those vessels, vehicles, or aircraft. Rates for transportation under this section may not be less than those charged by commercial lines for the same kinds of service, except that in the case of transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance, any amount charged for such transportation may not exceed the cost of providing the transportation.
(b)Crediting of Receipts.—
Any amount received under subsection (a) with respect to transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance may be credited to the appropriation, fund, or account used in incurring the obligation for which such amount is received. In all other cases, amounts received under subsection (a) shall be covered into the Treasury as miscellaneous receipts.
(c)Transportation of Allied and Civilian Personnel and Cargo During Contingencies or Disaster Responses.—
When space is available on vessels, vehicles, or aircraft operated by the Department of Defense and the Secretary of Defense determines that operations in the area of a contingency operation or disaster response would be facilitated if allied and civilian personnel and cargo were to be transported using such vessels, vehicles, or aircraft, the Secretary may provide such transportation on a noninterference basis, without charge.
(d)Commercial Insurance.—
The Secretary may enter into a contract or other arrangement with one or more commercial providers to make insurance products available to non-Department of Defense shippers using the Defense Transportation System to insure against the loss or damage of the shipper’s cargo. Any such contract or arrangement shall provide that—
(1)any insurance premium is collected by the commercial provider;
(2)any claim for loss or damage is processed and paid by the commercial provider;
(3)the commercial provider agrees to hold the United States harmless and waive any recourse against the United States for amounts paid to an insured as a result of a claim; and
(4)the contract between the commercial provider and the insured shall contain a provision whereby the insured waives any claim against the United States for loss or damage that is within the scope of enumerated risks covered by the insurance product.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 4745(a) 4745(b)10:1367 (less last 20 words).10:1367 (last 20 words).
June 5, 1920, ch. 240 (6th proviso under “Transportation of the Army and Its Supplies”), 41 Stat. 960. In subsection (a), the words “Federal Maritime Board” are substituted for the words “United States Maritime Commission”, since the functions of the chairman of that commission were transferred to the chairman of the Board by 1950 Reorganization Plan No. 21, effective
May 24, 1950, 64 Stat. 1273. The words “the same kinds of service” are substituted for the words “the same class of accommodations”. The words “shipments of” and “between the same ports” are omitted as surplusage. (See also third sentence of revision note for section 4746 of this title, below.)

Editorial Notes

Amendments

2016—Subsec. (b). Pub. L. 114–328, § 1041(c), substituted “subsection (a)” for “this section” in two places. Subsec. (c). Pub. L. 114–328, § 1041(a), substituted “and Civilian Personnel and Cargo” for “Personnel” in heading and substituted in text “When” for “Until
January 6, 2016, when” and “allied and civilian personnel and cargo” for “allied forces or civilians”. Subsec. (d). Pub. L. 114–328, § 1041(b), added subsec. (d). 2013—Subsec. (c). Pub. L. 112–239 substituted “Until
January 6, 2016” for “During the 5-year period beginning on the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011”. 2011—Pub. L. 111–383, § 352(e)(2), substituted “Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft” for “Civilian passengers and commercial cargoes: transportation on Department of Defense vessels” in section catchline. Subsec. (a). Pub. L. 111–383, § 352(a), (b)(1), inserted heading, inserted “, vehicles, or aircraft” after “vessels” in two places in first sentence, and inserted “, except that in the case of transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance, any amount charged for such transportation may not exceed the cost of providing the transportation” before period at end of second sentence. Subsec. (b). Pub. L. 111–383, § 352(b)(2), inserted heading and substituted “Any amount received under this section with respect to transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance may be credited to the appropriation, fund, or account used in incurring the obligation for which such amount is received. In all other cases, amounts” for “Amounts”. Subsec. (c). Pub. L. 111–383, § 352(c), added subsec. (c). 2004—Pub. L. 108–375, § 1072(a), (b)(2)(A), renumbered section 4745 of this title as this section and substituted “Civilian passengers and commercial cargoes: transportation on Department of Defense vessels” for “Civilian passengers and commercial cargoes: transports in trans-Atlantic service” in section catchline. Subsec. (a). Pub. L. 108–375, § 1072(b)(2)(B)–(D), struck out “(1) on vessels operated by Army transport agencies, or (2) within bulk space allocations made to the Department of the Army” after “available” and “any transport agency of” before “the Department of Defense” and substituted “Secretary of Defense, be transported” for “Secretary of the Army and the Secretary of Homeland Security, be transported”. 2002—Subsec. (a). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”. 1981—Subsec. (a). Pub. L. 97–31 substituted “Secretary of Transportation” for “Secretary of Commerce”. 1980—Subsec. (a). Pub. L. 96–513 substituted “Secretary of Commerce” for “Chairman of the Federal Maritime Board”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2649

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110