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U.S. Code as of:
01/19/04
Section 554. Travel and transportation; dependents; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable
(a) In this section, "household and personal effects" and
"household effects" may include, in addition to other authorized
weight allowances, two privately owned motor vehicles which may be
shipped at United States expense. Under regulations prescribed by
the Secretaries concerned, and in place of the transportation of
household and personal effects, a dependent, who would otherwise be
entitled to transportation of household and personal effects under
this section, may transport a house trailer or mobile dwelling
within and between the areas specified in section 409 of this title
for use as a residence by one of the following means -
(1) transport it and be reimbursed by the United States;
(2) deliver it to an agent of the United States for
transportation by the United States or by commercial means; or
(3) have it transported by commercial means, and be reimbursed
by the United States.
If a trailer or dwelling is transported under clause (2) or (3),
that transportation may include two privately owned motor vehicles
which may be shipped at United States expense. Transportation, and
incidental costs, authorized by this section shall be at United
States expense without any cost limitation, and any payment
authorized may be made in advance of the transportation concerned.
(b) Transportation (including packing, crating, drayage,
temporary storage, and unpacking of household and personal effects)
may be provided for the dependents and household and personal
effects of a member of a uniformed service on active duty (without
regard to pay grade) who is officially reported as dead, injured,
ill, or absent for a period of more than 29 days in a missing
status -
(1) to the member's official residence of record;
(2) to the residence of his dependent, next of kin, or other
person entitled to custody of the effects, under regulations
prescribed by the Secretary concerned; or
(3) on request of the member (if injured or ill), or his
dependent, next of kin, or other person described in clause (2),
to another location determined in advance or later approved by
the Secretary concerned, or his designee.
When he considers it necessary, the Secretary concerned may, with
respect to the household and personal effects of a member who is
officially reported as absent for a period of more than 29 days in
a missing status, authorize the nontemporary storage of those
effects for a period of one year, or longer when justified. In
addition, he may authorize additional movements of, and prescribe
transportation for, the dependents and household and personal
effects, or the dependents and house trailer or mobile dwelling, of
a member who is officially reported as absent for a period of more
than one year in a missing status.
(c) When a member described in subsection (b) is in an injured or
ill status, transportation of dependents and household and personal
effects authorized by this section may be provided only when
prolonged hospitalization or treatment is anticipated.
(d) Transportation requested by a dependent may be authorized
under this section only if there is a reasonable relationship
between the circumstances of the dependent and the requested
destination.
(e) In place of the transportation for dependents authorized by
this section, and after the travel is completed, the Secretary
concerned may authorize -
(1) reimbursement for the commercial cost of the
transportation; or
(2) a monetary allowance at the prescribed rate for all, or
that part, of the travel for which transportation in kind is not
furnished.
(f) The Secretary concerned may store the household and personal
effects of a member described in subsection (b) until proper
disposition can be made. The cost of the storage and transportation
(including packing, crating, drayage, temporary storage, and
unpacking) of household and personal effects shall be charged
against appropriations currently available.
(g) The Secretary concerned may, when he determines that there is
an emergency and a sale would be in the best interests of the
United States, provide for the public or private sale of motor
vehicles and other bulky items of household and personal effects of
a member described in subsection (b). Before a sale, and if
practicable, a reasonable effort shall be made to determine the
desires of the interested persons. The net proceeds received from
the sale shall, under regulations prescribed by the Secretary
concerned, be sent to the owner or other persons. If there are no
such persons, or if they or their addresses are not known within
one year from the date of sale, the net proceeds may be covered
into the Treasury as miscellaneous receipts.
(h) Claims for net proceeds that are covered into the Treasury
under subsection (g) may be filed with the Secretary of Defense by
the rightful owners, their heirs or next of kin, or their legal
representatives at any time before the end of a 5-year period from
the date the proceeds are covered into the Treasury. When a claim
is filed, the Secretary of Defense shall allow or disallow it. A
claim that is allowed shall be paid from the appropriation for
refunding money erroneously received and covered. If a claim is not
filed before the end of the 5-year period from the date the
proceeds are covered into the Treasury, it is barred from being
acted on by the courts or the Secretary of Defense.
(i) If a motor vehicle of a member (or a dependent of the member)
that is transported at the expense of the United States under this
section does not arrive at the authorized destination of the
vehicle by the designated delivery date, the Secretary concerned
shall reimburse the dependent for expenses incurred after that date
to rent a motor vehicle for the dependent's use. The amount
reimbursed may not exceed $30 per day, and the rental period for
which reimbursement may be provided expires after 7 days or on the
date on which the delayed vehicle arrives at the authorized
destination (whichever occurs first). In a case in which two motor
vehicles of a member (or the dependent or dependents of a member)
are transported at the expense of the United States, no
reimbursement is payable under this subsection unless both motor
vehicles do not arrive at the authorized destination of the
vehicles by the designated delivery date.
(j) This section does not amend or repeal -
(1) section 2575, 2733, 4712, 6522, or 9712 of title 10;
(2) section 507 of title 14; or
(3) chapter 171 of title 28.
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