§2649 — Title 10 Armed Forces | U.S. Code

Summary

If commercial carriers are full but the Department of Defense has room on its ships, vehicles, or planes, the Secretary of Defense can carry civilian passengers and commercial cargo. Prices must be at least what commercial carriers charge, except for emergency, disaster, or humanitarian flights or shipments, where any charge cannot be more than the actual cost to provide the transport. Money paid for those emergency trips can go back to the fund that paid the costs; other payments must go into the U.S. Treasury as general receipts. The Secretary can also carry allied or civilian people and cargo for free when it helps a contingency or disaster response, as long as it does not interfere with military missions. The Secretary may make deals with private insurers so non-DoD shippers using the Defense Transportation System can buy cargo insurance. Those insurers must collect premiums, handle and pay claims, agree not to seek money from the United States, and the insured must agree not to sue the United States for losses the insurance covers.

Title 10, §2649

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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.

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.

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

Summary

Title 10, §2649

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata