§ 554. — Travel and transportation; dependents; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC554]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 10--PAYMENTS TO MISSING PERSONS
Sec. 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.
(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 627; amended
Pub. L. 90-83, Sec. 5(2), Sept. 11, 1967, 81 Stat. 221; Pub. L. 90-236,
Jan. 2, 1968, 81 Stat. 764; Pub. L. 90-623, Sec. 3(7), Oct. 22, 1968, 82
Stat. 1315; Pub. L. 92-477, Sec. 1, Oct. 9, 1972, 86 Stat. 793; Pub. L.
93-548, Sec. 3, Dec. 26, 1974, 88 Stat. 1743; Pub. L. 102-25, title VII,
Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-190,
div. A, title X, Sec. 1063(a), Dec. 5, 1991, 105 Stat. 1476; Pub. L.
104-316, title II, Sec. 202(s), Oct. 19, 1996, 110 Stat. 3845; Pub. L.
105-261, div. A, title VI, Sec. 653(d), Oct. 17, 1998, 112 Stat. 2052;
Pub. L. 107-314, div. A, title VI, Sec. 622(a), (b), Dec. 2, 2002, 116
Stat. 2571.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
554(a)................................ 50 App. 1012 (14th sentence). Mar. 7, 1942, ch. 166, Sec. 12, 56
50 App. 1012 (1st sentence). Stat. 146; Feb. 12, 1946, ch. 6,
554(b)................................ Sec. 1(a), 60 Stat. 5; Aug. 29,
1951, ch. 356, Sec. 1, 65 Stat.
207; Apr. 4, 1953, ch. 17, Sec.
1(d), 67 Stat. 21; Aug. 29, 1957,
Pub. L. 85-217, Sec. 1(d), 71
Stat. 492; Aug. 14, 1964, Pub. L.
88-428, Sec. 1(8), 78 Stat. 437.
50 App. 1014 (as applicable to Sec. Mar. 7, 1942, ch. 166, Sec. 14 (as
1012 (1st sentence)). applicable to Sec. 12 (1st
sentence)), 56 Stat. 147; Apr. 4,
1953, ch. 17, Sec. 1(e), 67 Stat.
21.
554(c)................................ 50 App. 1012 (12th sentence).
554(d)................................ 50 App. 1012 (13th sentence).
554(e)................................ 50 App. 1012 (11th sentence).
554(f)................................ 50 App. 1012 (9th and 10th
sentences).
554(g)................................ 50 App. 1012 (2d-4th sentences).
554(h)................................ 50 App. 1012 (5th-7th sentences).
554(i)................................ 50 App. 1012 (8th sentence).
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Only that portion of the source law which is applicable to members
of the uniformed services and their dependents is codified in this
section.
In subsection (a), the words ``Beginning June 25, 1950, and'' are
omitted as executed. The words ``In this section'' are substituted for
``for the purposes of this section only, the terms''. The words ``not to
exceed'' are omitted as unnecessary. The words ``outside the United
States, or in Alaska or Hawaii'' are substituted for ``outside the
continental limits of the United States or in Alaska'' to conform to the
definition in 37 U.S.C. 101(1).
In subsection (b), the words ``Transportation . . . may be
provided'' are substituted for ``may be moved''. The words ``a member of
a uniformed service on active duty . . . or absent for a period of more
than 29 days in a missing status'' are substituted for ``any person in
active service . . . absent for a period of thirty days or more in any
status listed in section 2 of this Act'', for clarity and to conform to
the definitions in 37 U.S.C. 101(20) and (23) and revised section 551(2)
of this chapter. In clause (1), the words ``the member's'' are
substituted for ``for any such person''. In clause (2), the words
``under . . . prescribed . . . Secretary concerned'' are substituted for
``in accordance with . . . issued . . . head of the department
concerned''. In clause (3), the words ``on request of the member'' are
substituted for ``upon the person's application''. The words ``other
person described in clause (2)'' are substituted for ``such . . . other
person''. The words ``Secretary concerned, or his designee'' are
substituted for ``head of the department concerned or by such person as
he may designate''.
In subsection (c), the words ``a member described in subsection (b)
of this section'' are substituted for ``the person''. The words
``transportation . . . authorized by this section'' are substituted for
``the movement . . . provided for herein''. The words ``provided . . .
when'' are substituted for ``authorized . . . in cases where''.
In subsection (d), the words ``requested by a dependent may be
authorized under . . . only'' are substituted for ``No . . . shall be
authorized pursuant to . . . upon application by dependents unless''.
The words ``condition and'' are omitted as unnecessary.
In subsection (e), the words ``In place . . . the Secretary
concerned'' are substituted for ``In lieu . . . the head of the
department concerned''. In clause (1), the words ``reimbursement for''
are substituted for ``the payment in money of amounts equal to''. The
words ``in lieu of transportation'', the second time they appear, are
omitted as unnecessary. In clause (2), the words ``at the prescribed
rate'' are substituted for ``as authorized by law''.
In subsection (f), the words ``Secretary concerned'' are substituted
for ``head of the department concerned''. The words ``a member described
in subsection (b) of this section'' are substituted for ``the person''.
The words ``such time as'' are omitted as unnecessary.
In subsection (g), the words ``Secretary concerned'' are substituted
for ``head of the department concerned'', in 50 App. U.S.C. 1012 (2nd
and 4th sentences). The words ``United States'' are substituted for
``Government''; and the words ``a member described in subsection (b) of
this section'' are substituted for ``the person'', in 50 App. U.S.C.
1012 (2d sentence). The words ``under . . . prescribed'' are substituted
for ``in accordance with . . . issued'', and the word ``known'' is
substituted for ``ascertainable'', in 50 App. U.S.C. 1012 (4th
sentence).
In subsection (h), the words ``under subsection (g) of this
section'' are substituted for ``under the authority of this section'',
in 50 App. U.S.C. 1012 (5th sentence).
In subsection (i), the words ``the provisions of'' are omitted as
unnecessary. Clause (3) is substituted for ``the Federal Tort Claims Act
(60 Stat. 842-847), as amended,'' to reflect the correct citation of
that Act.
Amendments
2002--Subsec. (a). Pub. L. 107-314, Sec. 622(a), substituted ``two
privately owned motor vehicles'' for ``one privately owned motor
vehicle'' in introductory and concluding provisions.
Subsec. (i). Pub. L. 107-314, Sec. 622(b), inserted at end ``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.''
1998--Subsecs. (i), (j). Pub. L. 105-261 added subsec. (i) and
redesignated former subsec. (i) as (j).
1996--Subsec. (h). Pub. L. 104-316 substituted ``Secretary of
Defense'' for ``General Accounting Office'' wherever appearing.
1991--Subsec. (a). Pub. L. 102-25, Sec. 702(b)(2), struck out ``of
this subsection'' after ``clause (2) or (3)''.
Subsecs. (c), (f) to (h). Pub. L. 102-25, Sec. 702(b)(1), struck out
``of this section'' after ``subsection (b)'' in subsecs. (c), (f), (g),
and (h) and after ``subsection (g)'' in subsec. (h).
Subsec. (i)(1). Pub. L. 102-190 substituted ``6522, or 9712'' for
``4713, 6522, 9712, or 9713''.
1974--Subsec. (b). Pub. L. 93-548, Sec. 3(1)(A), inserted ``ill,''
after ``injured,''.
Subsec. (b)(3). Pub. L. 93-548, Sec. 3(1)(B), inserted ``or ill''
after ``injured''.
Subsec. (c). Pub. L. 93-548, Sec. 3(2), inserted ``or ill'' before
``status''.
1972--Pub. L. 92-477, Sec. 1(1), inserted ``trailers; additional
movements;'' after ``household and personal effects;'' in section
catchline.
Subsec. (a). Pub. L. 92-477, Sec. 1(2), authorized at Government
expense without cost limitation and under prescribed regulations the
transportation of house trailers or mobile dwellings, including a
privately owned motor vehicle, in place of household and personal
effects of members in a missing status.
Subsec. (b). Pub. L. 92-477, Sec. 1(3), authorized additional
movements of and transportation for dependents and household and
personal effects, or dependents and house trailer or mobile dwelling of
members in a missing status for more than one year.
1968--Subsec. (b). Pub. L. 90-623 substituted ``29'' for ``twenty-
nine''.
Pub. L. 90-236 inserted provision authorizing nontemporary storage
of 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.
1967--Subsec. (a). Pub. L. 90-83 struck out ``when it is located
outside the United States, or in Alaska or Hawaii'' after ``shipped at
United States expense''.
Effective Date of 2002 Amendment
Pub. L. 107-314, div. A, title VI, Sec. 622(c), Dec. 2, 2002, 116
Stat. 2571, provided that: ``The amendments made by subsection (a)
[amending this section] shall apply with respect to members whose
eligibility for benefits under section 554 of title 37, United States
Code, commences on or after the date of the enactment of this Act [Dec.
2, 2002].''
Effective Date of 1998 Amendment
For provisions relating to the applicability of amendment by Pub. L.
105-261, see section 653(e) of Pub. L. 105-261, set out as a note under
section 2634 of Title 10, Armed Forces.
Effective Date of 1974 Amendment
Section 4 of Pub. L. 93-548 provided that: ``The amendments made by
section 3 of this Act [amending this section] shall apply with respect
to members of the uniformed services incapacitated by illness on or
after January 1, 1974.''
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 407 of this title.
