10 U.S.C. § 2649 — Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft

(a) Authority.—When commercial lines have no available space but Department of Defense vessels, vehicles, or aircraft do have space, the Secretary of Defense may choose to transport civilian passengers and commercial cargo on them. The rate may not be lower than the commercial rate for the same service. But for transportation provided in response to an emergency, disaster, or request for humanitarian assistance, the charge may not be more than the cost of providing the transportation. (b) Crediting of receipts.—For transportation provided in response to an emergency, disaster, or request for humanitarian assistance, money received under subsection (a) may be credited to the appropriation, fund, or account that paid the obligation for which the money was received. In every other case, money received under subsection (a) must be paid into the Treasury as miscellaneous receipts. (c) Transportation of Allied and Civilian Personnel and Cargo During Contingencies or Disaster Responses.—If space is available on Department of Defense vessels, vehicles, or aircraft, and the Secretary of Defense decides that operations in the area of a contingency operation or disaster response would be helped by transporting allied and civilian personnel and cargo on them, the Secretary may provide that transportation without charge and on a noninterference basis. (d) Commercial Insurance.—The Secretary may contract or make another arrangement with one or more commercial providers to make insurance products available to shippers who are not part of the Department of Defense and who use the Defense Transportation System. The insurance would cover loss of or damage to the shipper’s cargo. The contract or arrangement must provide that: (1) the commercial provider collects each insurance premium; (2) the commercial provider processes and pays each claim for loss or damage; (3) the commercial provider agrees to protect the United States from liability and gives up any claim against the United States for money paid to an insured because of a claim; and (4) the contract between the commercial provider and the insured says that the insured gives up any claim against the United States for loss or damage within the listed risks covered by the insurance product.