US (United States) Code. Title 10. Subtitle A. Part IV. Chapter 157: Transportation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 157 - TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

.

-HEAD-

CHAPTER 157 - TRANSPORTATION

-MISC1-

Sec.

2631. Supplies: preference to United States vessels.

2631a. Contingency planning: sealift and related intermodal

transportation requirements.

2632. Transportation to and from certain places of employment and

on military installations.

2633. Stevedoring and terminal services: vessels carrying cargo or

passengers sponsored by military department.

2634. Motor vehicles: transportation or storage for members on

change of permanent station or extended deployment.

2635. Medical emergency helicopter transportation assistance and

limitation of individual liability.

2636. Deductions from amounts due carriers.

2637. Transportation in certain areas outside the United States.

2638. Transportation of civilian clothing of enlisted members.

2639. Transportation to and from school for certain minor

dependents.

2640. Charter air transportation of members of the armed forces.

2641. Transportation of certain veterans on Department of Defense

aeromedical evacuation aircraft.

2641a. Transportation of American Samoa veterans on Department of

Defense aircraft for certain medical care in Hawaii.

2642. Reimbursement rate for airlift services provided to Central

Intelligence Agency.

2643. Commissary and exchange services: transportation overseas.

2644. Control of transportation systems in time of war.

2645. Indemnification of Department of Transportation for losses

covered by vessel war risk insurance.

2646. Travel services: procurement for official and unofficial

travel under one contract.

2647. Next-of-kin of persons unaccounted for from conflicts after

World War II: transportation to annual meetings.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 574(b), Dec. 28,

2001, 115 Stat. 1122, added item 2647.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1009(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-251, substituted

''Deductions from amounts due carriers'' for ''Deductions from

carriers because of loss or damage to material in transit'' in item

2636.

1998 - Pub. L. 105-262, title VIII, Sec. 8121(b), Oct. 17, 1998,

112 Stat. 2332, added item 2641a.

Pub. L. 105-261, div. A, title VIII, Sec. 813(b), Oct. 17, 1998,

112 Stat. 2087, added item 2646.

1996 - Pub. L. 104-201, div. A, title III, Sec. 368(a)(2)(B),

title IX, Sec. 906(d)(1), title X, Sec. 1079(b)(2), Sept. 23, 1996,

110 Stat. 2498, 2620, 2670, substituted ''Motor vehicles:

transportation or storage for members on change of permanent

station or extended deployment'' for ''Motor vehicles: for members

on change of permanent station'' in item 2634 and added items 2644

and 2645.

Pub. L. 104-106, div. A, title III, Sec. 334(b), Feb. 10, 1996,

110 Stat. 262, added item 2643.

1993 - Pub. L. 103-160, div. A, title XI, Sec. 1173(b), Nov. 30,

1993, 107 Stat. 1767, added item 2631a.

1991 - Pub. L. 102-88, title V, Sec. 501(b), Aug. 14, 1991, 105

Stat. 435, added item 2642.

1990 - Pub. L. 101-510, div. A, title III, Sec. 326(a)(2), Nov.

5, 1990, 104 Stat. 1531, added item 2637.

1987 - Pub. L. 100-180, div. A, title XII, Sec. 1250(a)(2), Dec.

4, 1987, 101 Stat. 1168, added item 2641.

1986 - Pub. L. 99-661, div. A, title XII, Sec. 1204(a)(2), Nov.

14, 1986, 100 Stat. 3971, added item 2640.

Pub. L. 99-550, Sec. 2(a)(2), Oct. 27, 1986, 100 Stat. 3070,

struck out item 2637 ''Transportation between residence and place

of work for senior defense officials''.

1984 - Pub. L. 98-525, title VI, Sec. 614(b), title XIV, Sec.

1401(j)(2), Oct. 19, 1984, 98 Stat. 2540, 2620, added items 2637 to

2639.

1982 - Pub. L. 97-258, Sec. 2(b)(5)(A), Sept. 13, 1982, 96 Stat.

1053, added item 2636.

1979 - Pub. L. 96-125, title VIII, Sec. 807(c)(2), Nov. 26, 1979,

93 Stat. 950, inserted ''and on military installations'' after

''places of employment'' in item 2632.

1973 - Pub. L. 93-155, title VIII, Sec. 814(b), Nov. 16, 1973, 87

Stat. 621, added item 2635.

1965 - Pub. L. 89-101, Sec. 1(2), July 30, 1965, 79 Stat. 425,

substituted ''change of permanent station'' for ''permanent change

of station'' in item 2634.

1962 - Pub. L. 87-651, title I, Sec. 111(c), Sept. 7, 1962, 76

Stat. 511, substituted ''Stevedoring and terminal services: vessels

carrying cargo or passengers sponsored by military department'' for

''Terminal Services, furnish to commercial steamship companies'' in

item 2633, and added item 2634.

1957 - Pub. L. 85-44, Sec. 2, June 1, 1957, 71 Stat. 45, added

item 2633.

-CITE-

10 USC Sec. 2631 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2631. Supplies: preference to United States vessels

-STATUTE-

(a) Only vessels of the United States or belonging to the United

States may be used in the transportation by sea of supplies bought

for the Army, Navy, Air Force, or Marine Corps. However, if the

President finds that the freight charged by those vessels is

excessive or otherwise unreasonable, contracts for transportation

may be made as otherwise provided by law. Charges made for the

transportation of those supplies by those vessels may not be higher

than the charges made for transporting like goods for private

persons.

(b)(1) In each request for proposals to enter into a time-charter

contract for the use of a vessel for the transportation of supplies

under this section, the Secretary of Defense shall require that any

reflagging or repair work on a vessel for which a proposal is

submitted in response to the request for proposals be performed in

the United States (including any territory of the United States).

(2) In paragraph (1), the term ''reflagging or repair work''

means work performed on a vessel -

(A) to enable the vessel to meet applicable standards to become

a vessel of the United States; or

(B) to convert the vessel to a more useful military

configuration.

(3) The Secretary of Defense may waive the requirement described

in paragraph (1) if the Secretary determines that such waiver is

critical to the national security of the United States. The

Secretary shall immediately notify the Congress of any such waiver

and the reasons for such waiver.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 146; Pub. L. 103-160, div. A,

title III, Sec. 315(a), Nov. 30, 1993, 107 Stat. 1619.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2631 10:1365. 34:528. Apr. 28, 1904, ch.

1766, 33 Stat. 518.

-------------------------------

The word ''supplies'' is substituted for the words ''coal,

provisions, fodder, or supplies of any description'', in 10:1365

and 34:528. The words ''pursuant to law'' and ''the use of'', in

10:1365 and 34:528, are omitted as surplusage. The words ''as

otherwise provided by law'', in 10:1365 and 34:528, are used rather

than the words ''under the law as it now exists'', in section 1 of

the Act of April 28, 1904, ch. 1766, 33 Stat. 518. The word ''may''

is substituted for the word ''shall''. The words ''However, if''

are substituted for the words ''unless * * * in which case''. The

words ''private persons'' are substituted for the words ''private

parties or companies'', in 10:1365 and 34:528. The last sentence is

substituted for the proviso of 10:1365 and 34:528.

AMENDMENTS

1993 - Pub. L. 103-160 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 315(b) of Pub. L. 103-160 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to a

vessel for which reflagging or repair work is necessary to be

performed after the date of the enactment of this Act (Nov. 30,

1993).''

-EXEC-

DELEGATION OF AUTHORITY UNDER THE CARGO PREFERENCE ACT

Memorandum of the President of the United States, Aug. 7, 1985,

50 F.R. 36565, provided:

Memorandum for the Honorable Caspar W. Weinberger, the Secretary

of Defense

By virtue of the authority vested in me as President by the

Constitution and statutes of the United States of America,

including Section 301 of Title 3 of the United States Code, I

hereby delegate to the Secretary of Defense all the functions

vested in me by the Cargo preference Act of 1904, 10 U.S.C. 2631.

This authority may be redelegated.

This memorandum shall be published in the Federal Register.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2350b, 2643 of this

title; title 46 App. sections 1187a, 1187b, 1241s.

-CITE-

10 USC Sec. 2631a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2631a. Contingency planning: sealift and related intermodal

transportation requirements

-STATUTE-

(a) Consideration of Private Capabilities. - The Secretary of

Defense shall ensure that all studies and reports of the Department

of Defense, and all actions taken in the Department of Defense,

concerning sealift and related intermodal transportation

requirements take into consideration the full range of the

transportation and distribution capabilities that are available

from operators of privately owned United States flag merchant

vessels.

(b) Private Capacities Presentations. - The Secretary shall

afford each operator of a vessel referred to in subsection (a), not

less often than annually, an opportunity to present to the

Department of Defense information on its port-to-port and

intermodal transportation capacities.

-SOURCE-

(Added Pub. L. 103-160, div. A, title XI, Sec. 1173(a), Nov. 30,

1993, 107 Stat. 1767.)

-CITE-

10 USC Sec. 2632 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2632. Transportation to and from certain places of employment

and on military installations

-STATUTE-

(a)(1) Whenever the Secretary of the military department

concerned determines that it is necessary for the effective conduct

of the affairs of his department, the Secretary may provide the

transportation described in paragraph (2).

(2) Transportation that may be provided under this subsection is

assured and adequate transportation by motor vehicle or water

carrier as follows:

(A) Transportation among places on a military installation

(including any subinstallation of a military installation).

(B) Transportation to and from their places of duty or

employment on a military installation for persons covered by this

subsection.

(C) Transportation to and from a military installation for

persons covered by this subsection and their dependents, in the

case of a military installation located in an area determined by

the Secretary concerned not to be adequately served by regularly

scheduled, and timely, commercial or municipal mass transit

services.

(D) Transportation to and from their places of employment for

persons attached to, or employed in, a private plant that is

manufacturing material for that department, but only during a war

or a national emergency declared by Congress or the President.

(3) Except as provided under subsection (b)(3), transportation

under this subsection shall be provided at reasonable rates of fare

under regulations prescribed by the Secretary of Defense.

(4) Persons covered by this subsection, in the case of any

military installation, are members of the armed forces, employees

of the military department concerned, and other persons attached to

that department who are assigned to or employed at that

installation.

(b)(1) Transportation described in subparagraphs (B), (C), and

(D) of subsection (a)(2) may not be provided unless the Secretary

concerned, or an officer of the department concerned designated by

the Secretary, determines that -

(A) other facilities are inadequate and cannot be made

adequate;

(B) a reasonable effort has been made to induce operators of

private facilities to provide the necessary transportation; and

(C) the service to be furnished will make proper use of

transportation facilities and will supply the most efficient

transportation to the persons concerned.

(2) The Secretary of Defense shall require that, in determining

whether to provide transportation described in subsection (a)(2)(A)

at any military installation, the Secretary of the military

department concerned shall give careful consideration to the

potential for saving energy and reducing air pollution.

(3) In providing transportation described in subsection (a)(2)(A)

at any military installation, the Secretary concerned may not

require a fare for the transportation of members of the armed

forces if the transportation is incident to the performance of

duty. In providing transportation described in subsection

(a)(2)(C) to and from any military installation, the Secretary

concerned (under regulations prescribed under subsection (a)(3))

may waive any requirement for a fare.

(4) The authority under subsection (a) to enter into contracts

under which the United States is obligated to make outlays shall be

effective for any fiscal year only to the extent that the budget

authority for such outlays is provided in advance by appropriation

Acts.

(c) To provide transportation under subsection (a), the

department may -

(1) buy, lease, or charter motor vehicles or water carriers

having a seating capacity of 12 or more passengers;

(2) maintain and operate that equipment by -

(A) enlisted members of the Army, Navy, Air Force, Marine

Corps, or the Coast Guard, as the case may be;

(B) employees of the department concerned; and

(C) private persons under contract; and

(3) lease or charter the equipment to private or public

carriers for operation under terms that are considered necessary

by the Secretary or by an officer of the department designated by

the Secretary, and that may provide for the pooling of

Government-owned and privately owned equipment and facilities and

for the reciprocal use of that equipment.

(d) Fares received under subsection (a), and proceeds of the

leasing or chartering of equipment under subsection (c)(3), shall

be covered into the Treasury as miscellaneous receipts.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 146; Pub. L. 95-362, Sept. 11,

1978, 92 Stat. 596; Pub. L. 96-125, title VIII, Sec. 807(a)-(c)(1),

Nov. 26, 1979, 93 Stat. 949, 950; Pub. L. 100-180, div. A, title

III, Sec. 318(a)-(c), Dec. 4, 1987, 101 Stat. 1076, 1077.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2632(a) 5:189c (introductory May 28, 1948, ch.

clause, words of 352, Sec. 1, 62

clause 2 before Stat. 276.

semicolon, and 17

words before

proviso of clause

3).

5:415d (introductory

clause, words of

clause 2 before

semicolon, and 17

words before

proviso of clause

3).

5:626n (introductory

clause, words of

clause 2 before

semicolon, and 17

words before

proviso of clause

3).

2632(b) 5:189c (clause 4).

5:415d (clause 4).

5:626n (clause 4).

2632(c) 5:189c (clause 1;

and clause 3, less

17 words before

proviso).

5:415d (clause 1;

and clause 3, less

17 words before

proviso).

5:626n (clause 1;

and clause 3, less

17 words before

proviso).

2632(d) 5:189c (clause 2,

less words before

semicolon).

5:415d (clause 2,

less words before

semicolon).

5:626n (clause 2,

less words before

semicolon).

-------------------------------

In subsection (a), the words ''it is necessary * * * he may * * *

provide assured and adequate transportation'' are substituted for

the words ''requires assured and adequate transportation facilities

* * * he is authorized * * * to provide such transportation''. The

words ''in the absence of adequate private or other facilities''

are omitted as covered by subsection (b)(2). The words ''subject,

however, to the following provisions and conditions'' are omitted,

since the revised section states those conditions positively in the

following subsections. The words ''at reasonable rates of fare''

are substituted for the first 23 words of clause 2 of 5:189c, 415d,

and 626n. The words ''under regulations to be prescribed by him''

are substituted for the words ''under such regulations as the

Secretary of the Army (Navy, Air Force) shall prescribe'' in clause

2, and the 17 words before the proviso of clause 3, of 5:189c,

415d, and 626n.

In subsection (b), the words ''Transportation * * * under

subsection (a)'' are substituted for the words ''The authority

granted in this section to the Secretary of the Army (Navy, Air

Force)''. The words ''may not be provided'' are substituted for the

words ''shall be exercised''. The word ''transportation'' is

substituted for the word ''service''. The words ''in each case'',

''as the case may be, that existing private and'', and ''by other

means'' are omitted as surplusage.

Subsection (b)(3) is substituted for the last 25 words of clause

4 of 5:189c, 415d, and 626n.

In subsection (c), the introductory clause is substituted for the

words ''The equipment required to provide such transportation

facilities may be either''. The words ''considered necessary'' are

substituted for the words ''shall determine necessary and advisable

under the existing circumstances''. The proviso of clause 3 of

5:189c, 415d, and 626n is stated as a positive rule in clause (3)

of the revised subsection. The words ''for operation by the

Department of the Army (Navy, Air Force), and when so obtained'',

''civil'', ''with such department'', ''Equipment so obtained'',

''and conditions'', and the first 25 words of clause 3 of 5:189c,

415d, and 626n are omitted as surplusage.

In subsection (d), the words ''Treasury as'' are substituted for

the words ''Treasury of the United States to the credit of''.

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-180, Sec. 318(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''Whenever the Secretary of a military department determines that

it is necessary for the effective conduct of the affairs of that

department, he may, at reasonable rates of fare under regulations

to be prescribed by the Secretary of Defense, provide assured and

adequate transportation by motor vehicle or water carrier -

''(1) among places on any military installation (including any

subinstallation thereof) under the jurisdiction of that

department; and

''(2) to and from their places of employment -

''(A) for persons attached to, or employed in, that

department; and

''(B) during a war or national emergency declared by the

Congress or the President, for persons attached to, or employed

in, a private plant that is manufacturing material for that

department.''

Subsec. (b)(1). Pub. L. 100-180, Sec. 318(c)(1), substituted

''Transportation described in subparagraphs (B), (C), and (D) of

subsection (a)(2) may not be provided'' for ''Transportation may

not be provided under subsection (a)(2)''.

Subsec. (b)(2). Pub. L. 100-180, Sec. 318(b)(1), (c)(2),

redesignated subpar. (A) as par. (2) and substituted

''transportation described in subsection (a)(2)(A) at any military

installation'' for ''transportation at any military installation

under subsection (a)(1)''. Subpar. (B) was struck out and replaced

by par. (3) and subpar. (C) was redesignated par. (4).

Subsec. (b)(3). Pub. L. 100-180, Sec. 318(b)(2), substituted par.

(3) for former subpar. (2)(B) which read as follows: ''In providing

transportation at any military installation under such subsection,

the Secretary of the military department concerned may not require

any fare for the transportation of members of the armed forces if

the transportation is incident to training or other operational

activities on such installation.''

Subsec. (b)(4). Pub. L. 100-180, Sec. 318(b)(3), (c)(3),

redesignated former par. (2)(C) as par. (4) and substituted

''subsection (a)'' for ''subsection (a)(1)''.

1979 - Pub. L. 96-125, Sec. 807(c)(1), inserted ''and on military

installations'' after ''places of employment'' in section

catchline.

Subsec. (a). Pub. L. 96-125, Sec. 807(a), substituted reference

to Secretary of a military department and to the Secretary of

Defense for references to Secretary concerned and inserted

reference to any military installation (including any

subinstallation thereof) under the jurisdiction of that department.

Subsec. (b). Pub. L. 96-125, Sec. 807(b), designated existing

provisions as par. (1) and cls. (1) to (3) as cls. (A) to (C),

substituted ''subsection (a)(2)'' for ''subsection (a)'' and added

par. (2).

1978 - Subsec. (a). Pub. L. 95-362, Sec. 1(1), substituted

''concerned'' for ''of a military department'' and ''of his

department'' for ''of that department''.

Subsec. (b). Pub. L. 95-362, Sec. 1(2), struck out ''of the

military department'' before ''concerned''.

Subsec. (c)(2)(A). Pub. L. 95-362, Sec. 1(3), inserted reference

to the Coast Guard.

REGULATIONS

Section 318(d) of Pub. L. 100-180 required that regulations to

implement amendments to this section be prescribed not later than

90 days after Dec. 4, 1987.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 2633 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2633. Stevedoring and terminal services: vessels carrying

cargo or passengers sponsored by military department

-STATUTE-

(a) Notwithstanding section 1301(a) of title 31, the Secretary of

a military department may, under such regulations as he may

prescribe, furnish stevedoring and terminal services and facilities

to vessels carrying cargo, or passengers, or both, sponsored by his

department.

(b) The furnishing of services and facilities under this section

shall be at fair and reasonable rates.

(c) The proceeds from furnishing services and facilities under

this section shall be paid to the credit of the appropriation or

fund out of which the services or facilities were supplied.

-SOURCE-

(Added Pub. L. 85-44, Sec. 1, June 1, 1957, 71 Stat. 45; amended

Pub. L. 87-651, title I, Sec. 111(a), Sept. 7, 1962, 76 Stat. 510;

Pub. L. 96-513, title V, Sec. 511(87), Dec. 12, 1980, 94 Stat.

2927; Pub. L. 97-258, Sec. 3(b)(7), Sept. 13, 1982, 96 Stat. 1063.)

-MISC1-

HISTORICAL AND REVISION NOTES

1962 ACT

Section 2633 is restated, without substantive change, to conform

to the style adopted for title 10.

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-258 substituted ''section 1301(a)

of title 31'' for ''section 3678 of the Revised Statutes (31 U.S.C.

628)''.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''section 3678 of

the Revised Statutes (31 U.S.C. 628)'' for ''section 628 of title

31''.

1962 - Pub. L. 87-651 amended section generally without

substantive change to conform to the style adopted for the revision

of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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.

-CITE-

10 USC Sec. 2634 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2634. Motor vehicles: transportation or storage for members on

change of permanent station or extended deployment

-STATUTE-

(a) When a member of an armed force is ordered to make a change

of permanent station, one motor vehicle that is owned or leased by

the member (or a dependent of the member) and is for the personal

use of the member or his dependents may, unless a motor vehicle

owned or leased by him (or a dependent of his) was transported in

advance of that change of permanent station under section 406(h) of

title 37, be transported, at the expense of the United States, to

his new station or such other place as the Secretary concerned may

authorize -

(1) on a vessel owned, leased, or chartered by the United

States;

(2) by privately owned American shipping services;

(3) by foreign-flag shipping services if shipping services

described in clauses (1) and (2) are not reasonably available; or

(4) by other surface transportation if such means of transport

does not exceed the cost to the United States of other authorized

means.

When the Secretary concerned determines that a replacement for that

motor vehicle is necessary for reasons beyond the control of the

member and is in the interest of the United States, and he approves

the transportation in advance, one additional motor vehicle of the

member (or a dependent of the member) may be so transported.

(b)(1) When a member receives a vehicle storage qualifying order,

the member may elect to have a motor vehicle described in

subsection (a) stored at the expense of the United States at a

location approved by the Secretary concerned. In the case of a

vehicle storage qualifying order that is to make a change of

permanent station, such storage is in lieu of transportation

authorized by subsection (a).

(2) In this subsection, the term ''vehicle storage qualifying

order'' means any of the following:

(A) An order to make a change of permanent station to a foreign

country in a case in which the laws, regulations, or other

restrictions imposed by the foreign country or by the United

States either -

(i) preclude entry of a motor vehicle described in subsection

(a) into that country; or

(ii) would require extensive modification of the vehicle as a

condition to entry.

(B) An order to make a change of permanent station to a

nonforeign area outside the continental United States in a case

in which the laws, regulations, or other restrictions imposed by

that area or by the United States either -

(i) preclude entry of a motor vehicle described in subsection

(a) into that area; or

(ii) would require extensive modification of the vehicle as a

condition to entry.

(C) An order under which a member is transferred or assigned in

connection with a contingency operation to duty at a location

other than the permanent station of the member for a period of

more than 30 consecutive days but which is not considered a

change of permanent station.

(3) Authorized expenses under this subsection include costs

associated with the delivery of the motor vehicle for storage and

removal of the vehicle for delivery to a destination approved by

the Secretary concerned.

(4) Storage costs payable under this subsection may be paid in

advance.

(c) When there has been a shipping error, or when orders

directing a change of permanent station have been canceled,

revoked, or modified after receipt by the member, a motor vehicle

transported pursuant to this section may also be reshipped or

transshipped in accordance with this section.

(d) When the Secretary concerned makes a determination under

section 406(j) of title 37 that the dependents of a member on a

permanent change of station are unable to accompany the member to

an overseas duty station because of unexpected and uncontrollable

circumstances, and the member shipped a motor vehicle pursuant to

this section in anticipation of a dependent accompanying the member

to the new duty station, the member may reship or transship such

motor vehicle in accordance with this section.

(e) The Secretary of Defense (and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy) may prescribe regulations limiting those

leased motor vehicles that may be transported pursuant to this

section based upon the length of the lease and other terms and

conditions of the lease that the Secretary considers appropriate.

(f) No carrier, port agent, warehouseman, freight forwarder, or

other person involved in the transportation of property may have

any lien on, or hold, impound, or otherwise interfere with, the

movement of a motor vehicle being transported under this section.

(g) 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 member for expenses incurred after that date to

rent a motor vehicle for the member's use, or for the use of the

dependent for whom the delayed vehicle was transported. 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).

(h) In this section:

(1) The term ''change of permanent station'' means the transfer

or assignment of a member of the armed forces from a permanent

station inside the continental United States to a permanent

station outside the continental United States or from a permanent

station outside the continental United States to another

permanent station. It also includes the following:

(A) An authorized change in home port of a vessel.

(B) A transfer or assignment between two permanent stations

in the continental United States when -

(i) the member cannot, because of injury or the conditions

of the order, drive the motor vehicle between the permanent

duty stations; or

(ii) the Secretary concerned determines that it is

advantageous and cost-effective to the United States for one

motor vehicle of the member to be transported between the

permanent duty stations.

(2) The term ''continental United States'' does not include

Alaska.

(3) The term ''nonforeign area outside the continental United

States'' means any of the following: the States of Alaska and

Hawaii, the Commonwealths of Puerto Rico and the Northern Mariana

Islands, and any possession of the United States.

-SOURCE-

(Added Pub. L. 87-651, title I, Sec. 111(b), Sept. 7, 1962, 76

Stat. 510; amended Pub. L. 88-431, Sec. 1(b), Aug. 14, 1964, 78

Stat. 439; Pub. L. 89-101, Sec. 1(1), July 30, 1965, 79 Stat. 425;

Pub. L. 93-548, Sec. 1, 2, Dec. 26, 1974, 88 Stat. 1743; Pub. L.

97-60, title II, Sec. 202, Oct. 14, 1981, 95 Stat. 1005; Pub. L.

99-661, div. A, title VI, Sec. 611, 620(b)(2), Nov. 14, 1986, 100

Stat. 3878, 3883; Pub. L. 100-26, Sec. 7(j)(6), Apr. 21, 1987, 101

Stat. 283; Pub. L. 100-180, div. A, title VI, Sec. 616(a), Dec. 4,

1987, 101 Stat. 1096; Pub. L. 102-484, div. A, title VI, Sec.

622(b), Oct. 23, 1992, 106 Stat. 2422; Pub. L. 104-106, div. A,

title VI, Sec. 642(a)(2), Feb. 10, 1996, 110 Stat. 368; Pub. L.

104-201, div. A, title III, Sec. 368(a)(1), (2)(A), Sept. 23,

1996, 110 Stat. 2497; Pub. L. 105-261, div. A, title VI, Sec.

631(b)(2), 653(a), Oct. 17, 1998, 112 Stat. 2044, 2051; Pub. L.

107-107, div. A, title V, Sec. 594(a), (b), Dec. 28, 2001, 115

Stat. 1126; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title V, Sec.

575(a), (b), Dec. 2, 2002, 116 Stat. 2558, 2559.)

-MISC1-

HISTORICAL AND REVISION NOTES

The new section 2634 of title 10 combines sections 4748, 6157,

and 9748 of this title and section 471a of title 14 (which are

being repealed), and reflects the Act of May 28, 1956, ch. 325 (46

U.S.C. 1241(c)).

AMENDMENTS

2002 - Subsec. (b)(1), (2). Pub. L. 107-314, Sec. 575(a), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

read as follows:

''(1) In lieu of transportation authorized by this section, if a

member is ordered to make a change of permanent station to a

foreign country and the laws, regulations, or other restrictions

imposed by the foreign country or the United States preclude entry

of a motor vehicle described in subsection (a) into that country,

or would require extensive modification of the vehicle as a

condition to entry, the member may elect to have the vehicle stored

at the expense of the United States at a location approved by the

Secretary concerned.

''(2) If a member is transferred or assigned in connection with a

contingency operation to duty at a location other than the

permanent station of the member for a period of more than 30

consecutive days, but the transfer or assignment is not considered

a change of permanent station, the member may elect to have a motor

vehicle described in subsection (a) stored at the expense of the

United States at a location approved by the Secretary concerned.''

Subsec. (e). Pub. L. 107-296 substituted ''of Homeland Security''

for ''of Transportation''.

Subsec. (h)(3). Pub. L. 107-314, Sec. 575(b), added par. (3).

2001 - Subsec. (b)(4). Pub. L. 107-107, Sec. 594(a), added par.

(4).

Subsec. (h)(1). Pub. L. 107-107, Sec. 594(b), substituted

''includes the following:'' and subpars. (A) and (B) for ''includes

an authorized change in home port of a vessel, or a transfer or

assignment between two permanent stations in the continental United

States when the member cannot, because of injury or the conditions

of the order, drive the motor vehicle between the permanent duty

stations.''

1998 - Subsec. (d). Pub. L. 105-261, Sec. 631(b)(2), substituted

''section 406(j)'' for ''section 406(k)''.

Subsecs. (g), (h). Pub. L. 105-261, Sec. 653(a), added subsec.

(g) and redesignated former subsec. (g) as (h).

1996 - Pub. L. 104-201, Sec. 368(a)(2)(A), substituted ''Motor

vehicles: transportation or storage for members on change of

permanent station or extended deployment'' for ''Motor vehicles:

for members on change of permanent station'' in section catchline.

Subsec. (b). Pub. L. 104-201, Sec. 368(a)(1)(C), added subsec.

(b). Former subsec. (b) redesignated (g).

Subsec. (d). Pub. L. 104-106 substituted ''section 406(k) of

title 37'' for ''section 406(l) of title 37''.

Subsec. (g). Pub. L. 104-201, Sec. 368(a)(1)(A), (B),

redesignated subsec. (b) as (g) and transferred it to end of

section.

1992 - Subsec. (f). Pub. L. 102-484 added subsec. (f).

1987 - Subsec. (a). Pub. L. 100-180, Sec. 616(a)(1), inserted

''or leased'' after ''owned'' in two places in introductory text.

Subsec. (d). Pub. L. 100-26 redesignated subsec. (f) as (d).

Subsec. (e). Pub. L. 100-180, Sec. 616(a)(2), added subsec. (e).

Subsec. (f). Pub. L. 100-26 redesignated subsec. (f) as (d).

1986 - Subsec. (a). Pub. L. 99-661, Sec. 611(a), substituted ''by

other surface transportation'' for ''in the case of movement, the

major portion of which is by shipping services described in clause

(1) or (2), by other surface transportation between customary ports

of embarkation and debarkation'' in par. (4), and struck out '', or

his designee,'' after ''When the Secretary concerned'' in last

sentence.

Subsec. (b). Pub. L. 99-661, Sec. 611(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''In

this section, 'change of permanent station' means the transfer or

assignment of a member of the armed forces from one permanent

station to another. It includes the change from home or from the

place from which ordered to active duty to first station upon

appointment, call to active duty, enlistment, or induction, and

from last duty station to home or to the place from which ordered

to active duty upon separation from the service, placement upon the

temporary disability retired list, release from active duty, or

retirement. It also includes an authorized change in home yard or

home port of a vessel.''

Subsec. (f). Pub. L. 99-661, Sec. 620(b)(2), added subsec. (f).

1981 - Subsec. (a). Pub. L. 97-60 substituted ''one motor vehicle

that is owned by the member (or a dependent of the member) and is

for the personal use of the member or his dependents may, unless a

motor vehicle owned by him (or a dependent of his) was

transported'' for ''one motor vehicle owned by him and for his

personal use or the use of his dependents may, unless a motor

vehicle owned by him was transported'' in provisions preceding par.

(1) and, in provisions following par. (4), inserted ''(or a

dependent of the member)'' after ''one additional motor vehicle of

the member''.

1974 - Subsec. (a)(4). Pub. L. 93-548, Sec. 1, added par. (4).

Subsec. (c). Pub. L. 93-548, Sec. 2, added subsec. (c).

1965 - Pub. L. 89-101 substituted ''change of permanent station''

for ''permanent change of station'' in section catchline,

designated existing provisions as subsec. (a), substituted ''change

of permanent station'' for ''permanent change of station'' in two

places, inserted ''or for the use of his dependents'' and ''or such

other place as the Secretary concerned may authorize'', added cl.

3, provided for the transportation of one additional motor vehicle

when replacement is necessary, and added subsec. (b).

1964 - Pub. L. 88-431 inserted '', leased, or chartered'' and

''unless a motor vehicle owned by him was transported in advance of

that permanent change of station under section 406(h) of title

37''.

EFFECTIVE DATE OF 2002 AMENDMENTS

Pub. L. 107-314, div. A, title V, Sec. 575(c), Dec. 2, 2002, 116

Stat. 2559, provided that: ''The amendments made by this section

(amending this section) apply to orders to make a change of

permanent station to a nonforeign area outside the continental

United States (as such term is defined in subsection (h)(3) of

section 2634 of title 10, United States Code, as added by

subsection (b)) that are issued on or after the date of the

enactment of this Act (Dec. 2, 2002).''

Amendment 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 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 594(c), Dec. 28, 2001,

115 Stat. 1126, provided that: ''The amendments made by this

section (amending this section) apply to orders to make a change of

permanent station that are issued on or after the date of the

enactment of this Act (Dec. 28, 2001).''

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title VI, Sec. 653(e), Oct. 17, 1998,

112 Stat. 2052, provided that:

''(1) Reimbursement for motor vehicle rental expenses may not be

provided under the amendments made by this section (amending this

section and sections 405a, 406, and 554 of Title 37, Pay and

Allowances of the Uniformed Services) until after the date on which

the Secretary of Defense submits to Congress a report containing a

certification that the Department of Defense has in place and

operational a system to recover the cost of providing such

reimbursement from commercial carriers that are responsible for the

delay in the delivery of the motor vehicles of members of the Armed

Forces and their dependents. The Secretary of Defense shall

prepare the report in consultation with the Secretary of

Transportation, with respect to the Coast Guard.

''(2) The amendments shall apply with respect to rental expenses

described in such amendments that are incurred on or after the date

of the submission of the report. The report shall be submitted not

later than six months after the date of the enactment of this Act

(Oct. 17, 1998) and shall include, in addition to the

certification, a description of the system to be used to recover

from commercial carriers the costs incurred under such

amendments.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 368(c) of Pub. L. 104-201 provided that: ''The amendments

made by this section (amending this section and section 406 of

Title 37, Pay and Allowances of the Uniformed Services) shall take

effect on April 1, 1997.''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-661, applicable with respect to members

whose dependents are unable to accompany them to an overseas

permanent duty station because of circumstances arising on or after

Nov. 14, 1986, see section 620(c)(2) of Pub. L. 99-661, set out as

a note under section 406 of Title 37, Pay and Allowances of the

Uniformed Services.

EFFECTIVE DATE OF 1965 AMENDMENT; REIMBURSEMENT OF EXPENSES

Section 3 of Pub. L. 89-101 provided that: ''This Act (amending

this section and section 406 of title 37) shall be effective May 1,

1965. Any member who -

''(1) transported a motor vehicle at his personal expense after

April 30, 1965, and before the enactment of this Act (July 30,

1965); and

''(2) would have been entitled to the transportation of such

motor vehicle at Government expense under the provisions of this

Act;

shall be reimbursed for the allowable transportation cost actually

expended by him. Appropriations available for permanent change of

station travel shall be available for the reimbursements authorized

by this Act.''

PUBLIC HEALTH SERVICE

Authority vested by this section in ''the Secretary concerned''

to be exercised, with respect to commissioned officers of Public

Health Service, by Secretary of Health and Human Services or his

designee, see section 213a of Title 42, The Public Health and

Welfare.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Authority vested by this section in ''the Secretary concerned''

to be exercised, with respect to commissioned officer corps of

National Oceanic and Atmospheric Administration, by Secretary of

Commerce or his designee, see section 3071 of Title 33, Navigation

and Navigable Waters.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071; title 37

sections 406, 406b, 406c; title 42 section 213a.

-CITE-

10 USC Sec. 2635 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2635. Medical emergency helicopter transportation assistance

and limitation of individual liability

-STATUTE-

(a) The Secretary of Defense is authorized to assist the

Department of Health and Human Services and the Department of

Homeland Security in providing medical emergency helicopter

transportation services to civilians. Any resources provided under

this section shall be under such terms and conditions, including

reimbursement, as the Secretary of Defense deems appropriate and

shall be subject to the following specific limitations:

(1) Assistance may be provided only in areas where military

units able to provide such assistance are regularly assigned, and

military units shall not be transferred from one area to another

for the purpose of providing such assistance.

(2) Assistance may be provided only to the extent that it does

not interfere with the performance of the military mission.

(3) The provision of assistance shall not cause any increase in

funds required for the operation of the Department of Defense.

(b) No individual (or his estate) who is authorized by the

Department of Defense to perform services under a program

established pursuant to subsection (a), and who is acting within

the scope of his duties, shall be liable for injury to, or loss of

property or personal injury or death which may be caused incident

to providing such services.

-SOURCE-

(Added Pub. L. 93-155, title VIII, Sec. 814(a), Nov. 16, 1973, 87

Stat. 620; amended Pub. L. 96-513, title V, Sec. 511(88), Dec. 12,

1980, 94 Stat. 2928; Pub. L. 107-296, title XVII, Sec. 1704(b)(1),

Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''Department of

Homeland Security'' for ''Department of Transportation'' in

introductory provisions.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''Department of

Health and Human Services'' for ''Department of Health, Education,

and Welfare''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 AMENDMENT

Amendment 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.

-CITE-

10 USC Sec. 2636 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2636. Deductions from amounts due carriers

-STATUTE-

(a) Amounts for Loss or Damage. - An amount deducted from an

amount due a carrier shall be credited as follows:

(1) If deducted because of loss of or damage to material in

transit for a military department, the amount shall be credited

to the proper appropriation, account, or fund from which the same

or similar material may be replaced.

(2) If deducted as an administrative offset for an overpayment

previously made to the carrier under any Department of Defense

contract for transportation services or as liquidated damages due

under any such contract, the amount shall be credited to the

appropriation or account from which payments for the

transportation services were made.

(b) Simplified Offset for Collection of Claims Not in Excess of

the Simplified Acquisition Threshold. - (1) In any case in which

the total amount of a claim for the recovery of overpayments or

liquidated damages under a contract described in subsection (a)(2)

does not exceed the simplified acquisition threshold, the Secretary

of Defense or the Secretary concerned, in exercising the authority

to collect the claim by administrative offset under section 3716 of

title 31, may apply paragraphs (2) and (3) of subsection (a) of

that section with respect to that collection after (rather than

before) the claim is so collected.

(2) Regulations prescribed by the Secretary of Defense under

subsection (b) of section 3716 of title 31 -

(A) shall include provisions to carry out paragraph (1); and

(B) shall provide the carrier for a claim subject to paragraph

(1) with an opportunity to offer an alternative method of

repaying the claim (rather than by administrative offset) if the

collection of the claim by administrative offset has not already

been made.

(3) In this subsection, the term ''simplified acquisition

threshold'' has the meaning given that term in section 4(11) of the

Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(b)(5)(B), Sept. 13, 1982, 96 Stat.

1053; amended Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1009(a)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-250.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2636 31:489a. June 25, 1956, ch.

442, Sec. 1, 70

Stat. 336.

-------------------------------

The words ''An amount deducted from an amount due'' are

substituted for ''Moneys arising from deductions made from'' for

clarity. The words ''military or naval'' and ''account of'' are

omitted as surplus. The words ''a military department'' are

substituted for ''the Departments of the Army, Navy, or Air Force''

because of 10:101(7). The Department of War was designated the

Department of the Army by section 205(a) of the Act of July 26,

1947 (ch. 343, 61 Stat. 501), and by sections 1 and 53 of the Act

of August 10, 1956 (ch. 1041, 70A Stat. 157, 676). The Department

of the Air Force is included because of sections 205(a) and 207(a)

and (f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502),

and section 1 of the Act of August 10, 1956 (ch. 1041, 70A Stat.

488).

AMENDMENTS

2000 - Pub. L. 106-398 amended section catchline and text

generally. Prior to amendment, text read as follows: ''An amount

deducted from an amount due a carrier because of loss of or damage

to material in transit for a military department shall be credited

to the proper appropriation, account, or fund from which the same

or similar material may be replaced.''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1009(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-251, provided that: ''Subsections

(a)(2) and (b) of section 2636 of title 10, United States Code, as

added by subsection (a)(1), shall apply with respect to contracts

entered into after the date of the enactment of this Act (Oct. 30,

2000).''

-CITE-

10 USC Sec. 2637 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2637. Transportation in certain areas outside the United

States

-STATUTE-

The Secretary of Defense may authorize the commander of a unified

combatant command to use Government owned or leased vehicles to

provide transportation in an area outside the United States for

members of the uniformed services and Federal civilian employees

under the jurisdiction of that commander, and for the dependents of

such members and employees, if the commander determines that public

or private transportation in such area is unsafe or not available.

Such transportation shall be provided in accordance with

regulations prescribed by the Secretary of Defense.

-SOURCE-

(Added Pub. L. 101-510, div. A, title III, Sec. 326(a)(1), Nov. 5,

1990, 104 Stat. 1531.)

-MISC1-

PRIOR PROVISIONS

A prior section 2637, added Pub. L. 98-525, title VI, Sec.

614(a), Oct. 19, 1984, 98 Stat. 2540, related to use of passenger

motor vehicles of United States for transportation between

residences and places of work of senior defense officials, prior to

repeal by Pub. L. 99-550, Sec. 2(a)(1), Oct. 27, 1986, 100 Stat.

3070.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 1344.

-CITE-

10 USC Sec. 2638 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2638. Transportation of civilian clothing of enlisted members

-STATUTE-

The Secretary of the military department concerned may provide

for the transportation of the civilian clothing of any person

entering the armed forces as an enlisted member to the member's

home of record.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(j)(1), Oct. 19, 1984,

98 Stat. 2620.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriation acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII,

Sec. 8005), 98 Stat. 1904, 1922.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 708, 97 Stat. 1438.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) (title VII,

Sec. 708), 96 Stat. 1833, 1850.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 708, 95 Stat.

1579.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 708, 94 Stat.

3081.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 708, 93 Stat.

1152.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 808, 92 Stat.

1244.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 807, 91 Stat.

899.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 707, 90 Stat.

1291.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 707, 90 Stat. 168.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 807, 88 Stat.

1225.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 707, 87 Stat. 1038.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 707, 86 Stat.

1196.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 707, 85 Stat. 727.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 807, 84 Stat.

2030.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 607, 83 Stat. 480.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 506, 82 Stat. 1129.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 606, 81 Stat. 242.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of this title.

-CITE-

10 USC Sec. 2639 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2639. Transportation to and from school for certain minor

dependents

-STATUTE-

Funds appropriated to the Department of Defense may be used to

provide minor dependents of members of the armed forces and of

civilian officers and employees of the Department of Defense with

transportation to and from primary and secondary schools if the

schools attended by the dependents are not accessible by regular

means of transportation.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(j)(1), Oct. 19, 1984,

98 Stat. 2620.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriation acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII,

Sec. 8005), 98 Stat. 1904, 1922.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 708, 97 Stat. 1438.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) (title VII,

Sec. 708), 96 Stat. 1833, 1850.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 708, 95 Stat.

1579.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 708, 94 Stat.

3081.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 708, 93 Stat.

1152.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 808, 92 Stat.

1244.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 807, 91 Stat.

899.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 707, 90 Stat.

1291.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 707, 90 Stat. 168.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 807, 88 Stat.

1225.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 707, 87 Stat. 1038.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 707, 86 Stat.

1196.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 707, 85 Stat. 727.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 807, 84 Stat.

2030.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 607, 83 Stat. 480.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 506, 82 Stat. 1129.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 606, 81 Stat. 242.

Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 606, 80 Stat. 991.

Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 606, 79 Stat. 873.

Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 506, 78 Stat. 475.

Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 506, 77 Stat. 264.

Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 506, 76 Stat. 328.

Aug. 17, 1961, Pub. L. 87-144, title VI, Sec. 606, 75 Stat. 375.

July 7, 1960, Pub. L. 86-601, title V, Sec. 506, 74 Stat. 350.

Aug. 18, 1959, Pub. L. 86-166, title V, Sec. 606, 73 Stat. 378.

Aug. 22, 1958, Pub. L. 85-724, title VI, Sec. 606, 72 Stat. 724.

Aug. 2, 1957, Pub. L. 85-117, title VI, Sec. 607, 71 Stat. 323.

July 2, 1956, ch. 488, title VI, Sec. 607, 70 Stat. 468.

July 13, 1955, ch. 358, title VI, Sec. 609, 69 Stat. 315.

June 30, 1954, ch. 432, title VII, Sec. 709, 68 Stat. 351.

Aug. 1, 1953, ch. 305, title VI, Sec. 614, 67 Stat. 351.

July 10, 1952, ch. 630, title VI, Sec. 616, 66 Stat. 533.

Oct. 18, 1951, ch. 512, title VI, Sec. 616, 65 Stat. 446.

Sept. 6, 1950, ch. 896, Ch. X, title VI, Sec. 619, 64 Stat. 755.

Oct. 29, 1949, ch. 787, title VI, Sec. 625, 63 Stat. 1021.

June 24, 1948, ch. 632, Sec. 2, 62 Stat. 667.

July 30, 1947, ch. 357, title I, Sec. 2, 61 Stat. 569.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of this title.

-CITE-

10 USC Sec. 2640 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2640. Charter air transportation of members of the armed

forces

-STATUTE-

(a) Requirements. - (1) The Secretary of Defense may not enter

into a contract with an air carrier for the charter air

transportation of members of the armed forces unless the air

carrier -

(A) meets, at a minimum, the safety standards established by

the Secretary of Transportation under chapter 447 of title 49;

(B) has at least 12 months of experience operating services in

air transportation that are substantially equivalent to the

service sought by the Department of Defense; and

(C) undergoes a technical safety evaluation.

(2) For purposes of paragraph (1)(C), a technical safety

evaluation -

(A) shall include inspection of a representative number of

aircraft; and

(B) shall be conducted in accordance with regulations

prescribed by the Secretary, after consultation with the

Secretary of Transportation.

(b) Inspections. - The Secretary shall provide for inspections of

each air carrier that contracts with the Department of Defense for

the charter air transportation of members of the armed forces. The

inspections shall be conducted in accordance with standards

established by the Secretary, after consultation with the Secretary

of Transportation, and shall include, at a minimum, the following:

(1) An on-site capability survey of the air carrier conducted

at least once every two years.

(2) A performance evaluation of the air carrier conducted at

least once every six months.

(3) A preflight safety inspection of each aircraft conducted at

any time during the operation of, but not more than 72 hours

before, each internationally scheduled charter mission departing

the United States.

(4) A preflight safety inspection of each aircraft used for

domestic charter missions conducted to the greatest extent

practical.

(5) Operational check-rides on aircraft conducted periodically.

(c) Commercial Airlift Review Board. - The Secretary shall

establish a Commercial Airlift Review Board within the Department

of Defense. The Board shall consist of personnel from the

Department of Defense and other Government personnel as may be

appropriate. The duties of the Board shall be -

(1) to make recommendations to the Secretary on suspension and

reinstatement of air carriers under subsection (d);

(2) to make recommendations to the Secretary on waivers under

subsection (g); and

(3) to carry out such other duties and make recommendations on

such other matters as the Secretary considers appropriate.

(d) Suspension and Reinstatement. - (1) The Secretary shall

establish guidelines for the suspension of air carriers under

contract with the Department of Defense for the charter air

transportation of members of the armed forces and for the

reinstatement of air carriers that have been so suspended. The

guidelines -

(A) shall require the immediate determination of whether to

suspend an air carrier if an aircraft of the air carrier is

involved in a fatal accident; and

(B) may require the suspension of an air carrier -

(i) if the carrier is in violation of any order, rule,

regulation, or standard prescribed under chapter 447 of title

49; or

(ii) if an aircraft of the air carrier is involved in a

serious accident.

(2) The Commercial Airlift Review Board shall make

recommendations to the Secretary on suspension and reinstatement

under this subsection.

(3) The Secretary shall include in each contract subject to this

section the provisions on suspension and reinstatement established

under this subsection.

(e) Authority To Leave Unsafe Aircraft. - A representative of the

Military Airlift Command, the Military Traffic Management Command,

or such other agency as may be designated by the Secretary of

Defense (or if there is no such representative reasonably

available, the senior officer on board a chartered aircraft) may

order members of the armed forces to leave a chartered aircraft if

the representative (or officer) determines that a condition exists

on the aircraft which may endanger the safety of the members.

(f) FAA Information. - The Secretary shall request the Secretary

of Transportation to provide to the Secretary a report on each

inspection performed by Federal Aviation Administration personnel,

and the status of corrective actions taken, on each aircraft of an

air carrier under contract with the Department of Defense for the

charter air transportation of members of the armed forces.

(g) Waiver. - After considering recommendations by the Commercial

Airlift Review Board, the Secretary may waive any provision of this

section in an emergency.

(h) Authority To Protect Safety-Related Information Voluntarily

Provided by an Air Carrier. - (1) Subject to paragraph (2), the

Secretary of Defense may (notwithstanding any other provision of

law) withhold from public disclosure safety-related information

that is provided to the Secretary voluntarily by an air carrier for

the purposes of this section.

(2) Information may be withheld under paragraph (1) from public

disclosure only if the Secretary determines that -

(A) the disclosure of the information would inhibit an air

carrier from voluntarily providing, in the future, safety-related

information for the purposes of this section or for other air

safety purposes involving the Department of Defense or another

Federal agency; and

(B) the receipt of such information generally enhances the

fulfillment of responsibilities under this section or other air

safety responsibilities involving the Department of Defense or

another Federal agency.

(3) If the Secretary provides to the head of another agency

safety-related information described in paragraph (1) with respect

to which the Secretary has made a determination described in

paragraph (2), the head of that agency shall (notwithstanding any

other provision of law) withhold the information from public

disclosure unless the disclosure is specifically authorized by the

Secretary.

(i) Regulations. - The Secretary shall prescribe regulations to

carry out this section, including requirements and identification

of inspecting personnel with respect to preflight safety

inspections required by subsection (b)(3).

(j) Definitions. - In this section:

(1) The terms ''air carrier'', ''aircraft'', ''air

transportation'', and ''charter air transportation'' have the

meanings given such terms by section 40102(a) of title 49.

(2) The term ''members of the armed forces'' means members of

the Army, Navy, Air Force, and Marine Corps.

-SOURCE-

(Added Pub. L. 99-661, div. A, title XII, Sec. 1204(a)(1), Nov.

14, 1986, 100 Stat. 3969; amended Pub. L. 103-272, Sec. 5(b)(1),

July 5, 1994, 108 Stat. 1373; Pub. L. 105-85, div. A, title X,

Sec. 1075(a), Nov. 18, 1997, 111 Stat. 1911.)

-MISC1-

AMENDMENTS

1997 - Subsecs. (h) to (j). Pub. L. 105-85 added subsec. (h) and

redesignated former subsecs. (h) and (i) as (i) and (j),

respectively.

1994 - Subsecs. (a)(1)(A), (d)(1)(B)(i). Pub. L. 103-272, Sec.

5(b)(1)(A), substituted ''chapter 447 of title 49'' for ''title VI

of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et

seq.)''.

Subsec. (i)(1). Pub. L. 103-272, Sec. 5(b)(1)(B), substituted

''section 40102(a) of title 49'' for ''sections 101(3), 101(5),

101(10), and 101(15), respectively, of the Federal Aviation Act of

1958 (49 U.S.C. App. 1301(3), 1301(5), 1301(10), and 1301(15))''.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1075(b) of Pub. L. 105-85 provided that: ''Subsection (h)

of section 2640 of title 10, United States Code, as added by

subsection (a), shall apply with respect to requests for

information made on or after the date of the enactment of this Act

(Nov. 18, 1997).''

EFFECTIVE DATE

Section 1204(c) of Pub. L. 99-661 provided that: ''Section 2640

of title 10, United States Code, as added by subsection (a), shall

apply only to contracts which are entered into on or after the date

on which the regulations required by subsection (b) are prescribed

(set out below).''

REGULATIONS

Section 1204(b) of Pub. L. 99-661 required Secretary of Defense,

not later than 120 days after Nov. 14, 1986, to prescribe

regulations required by this section.

-CITE-

10 USC Sec. 2641 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2641. Transportation of certain veterans on Department of

Defense aeromedical evacuation aircraft

-STATUTE-

(a) The Secretary of Defense may provide transportation on an

aircraft operating under the aeromedical evacuation system of the

Department of Defense for the purpose of transporting a veteran to

or from a Department of Veterans Affairs medical facility or of

transporting the remains of a deceased veteran who died at such a

facility after being transported to the facility under this

subsection. Transportation of the remains of a deceased veteran

under this subsection may be provided to the place from which the

veteran was transported to the facility or to any other destination

which is not farther away from the facility than such place.

(b) Transportation under this section shall be provided in

accordance with an agreement entered into between the Secretary of

Defense and the Secretary of Veterans Affairs. Such an agreement

shall provide that transportation may be furnished to a veteran (or

for the remains of a veteran) on an aircraft referred to in

subsection (a) only if -

(1) the Secretary of Veterans Affairs notifies the Secretary of

Defense that the veteran needs or has been furnished medical care

or services in a Department of Veterans Affairs facility and the

Secretary of Veterans Affairs requests such transportation in

connection with the travel of such veteran (or of the remains of

such veteran) to or from the Department of Veterans Affairs

facility where the care or services are to be furnished or were

furnished to such veteran;

(2) there is space available for the veteran (or the remains of

the veteran) on the aircraft; and

(3) there is an adequate number of medical and other service

attendants to care for all persons being transported on the

aircraft.

(c) A veteran is not eligible for transportation under this

section unless the veteran is a primary beneficiary within the

meaning of clause (A) of section 8111(g)(5) of title 38.

(d)(1) A charge may not be imposed on a veteran (or on the

survivors of a veteran) for transportation provided to the veteran

(or for the remains of the veteran) under this section.

(2) An agreement under subsection (b) shall provide that the

Department of Veterans Affairs shall reimburse the Department of

Defense for any costs incurred in providing transportation to

veterans (or for the remains of veterans) under this section that

would not otherwise have been incurred by the Department of

Defense.

(e) In this section, the term ''veteran'' has the meaning given

that term in section 101(2) of title 38.

-SOURCE-

(Added Pub. L. 100-180, div. A, title XII, Sec. 1250(a)(1), Dec.

4, 1987, 101 Stat. 1167; amended Pub. L. 101-189, div. A, title

XVI, Sec. 1621(a)(1), (2), (8), Nov. 29, 1989, 103 Stat. 1602,

1603; Pub. L. 103-337, div. A, title VI, Sec. 652(b), title X,

Sec. 1070(e)(8), Oct. 5, 1994, 108 Stat. 2794, 2859.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337, Sec. 652(b)(1), inserted

before period ''or of transporting the remains of a deceased

veteran who died at such a facility after being transported to the

facility under this subsection. Transportation of the remains of a

deceased veteran under this subsection may be provided to the place

from which the veteran was transported to the facility or to any

other destination which is not farther away from the facility than

such place''.

Subsec. (b). Pub. L. 103-337, Sec. 652(b)(2)(A)(i), inserted

''(or for the remains of a veteran)'' after ''furnished to a

veteran'' in introductory provisions.

Subsec. (b)(1). Pub. L. 103-337, Sec. 652(b)(2)(A)(ii), inserted

''(or of the remains of such veteran)'' after ''of such veteran''.

Subsec. (b)(2). Pub. L. 103-337, Sec. 652(b)(2)(A)(iii), inserted

''(or the remains of the veteran)'' after ''for the veteran''.

Subsec. (c). Pub. L. 103-337, Sec. 1070(e)(8), substituted

''section 8111(g)(5) of title 38'' for ''section 5011(g)(5) of

title 38''.

Subsec. (d)(1). Pub. L. 103-337, Sec. 652(b)(2)(B), inserted

''(or on the survivors of a veteran)'' after ''on a veteran'' and

''(or for the remains of the veteran)'' after ''to the veteran''.

Subsec. (d)(2). Pub. L. 103-337, Sec. 652(b)(2)(C), inserted

''(or for the remains of veterans)'' after ''to veterans''.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 1621(a)(1), substituted

''Department of Veterans Affairs'' for ''Veterans'

Administration''.

Subsec. (b). Pub. L. 101-189, Sec. 1621(a)(2), substituted

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs'' in introductory provisions and in par. (1).

Subsec. (b)(1). Pub. L. 101-189, Sec. 1621(a)(8), substituted

''the Secretary of Veterans Affairs requests'' for ''the

Administrator requests''.

Pub. L. 101-189, Sec. 1621(a)(1), substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration'' in two places.

Subsec. (d)(2). Pub. L. 101-189, Sec. 1621(a)(1), substituted

''Department of Veterans Affairs'' for ''Veterans'

Administration''.

DEADLINE FOR ENTRY INTO TRANSPORTATION AGREEMENT

Section 1250(b) of Pub. L. 100-180 directed Secretary of Defense

and Administrator of Veterans' Affairs to enter into an agreement

required by this section not later than 60 days after Dec. 4, 1987.

-CITE-

10 USC Sec. 2641a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2641a. Transportation of American Samoa veterans on Department

of Defense aircraft for certain medical care in Hawaii

-STATUTE-

(a) Transportation Authorized. - The Secretary of Defense may

provide transportation on Department of Defense aircraft for the

purpose of transporting any veteran specified in subsection (b)

between American Samoa and the State of Hawaii if such

transportation is required in order to provide hospital care to

such veteran as described in that subsection.

(b) Veterans Eligible for Transport. - A veteran eligible for

transport under subsection (a) is any veteran who -

(1) resides in and is located in American Samoa; and

(2) as determined by an official of the Department of Veterans

Affairs designated for that purpose by the Secretary of Veterans

Affairs, must be transported to the State of Hawaii in order to

receive hospital care to which such veteran is entitled under

chapter 17 of title 38 in facilities of such Department in the

State of Hawaii.

(c) Administration. - (1) Transportation may be provided to

veterans under this section only on a space-available basis.

(2) A charge may not be imposed on a veteran for transportation

provided to the veteran under this section.

-SOURCE-

(Added Pub. L. 105-262, title VIII, Sec. 8121(a), Oct. 17, 1998,

112 Stat. 2332; amended Pub. L. 106-65, div. A, title X, Sec.

1066(a)(24), Oct. 5, 1999, 113 Stat. 771.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(2). Pub. L. 106-65, Sec. 1066(a)(24)(A),

struck out '', United States Code,'' after ''title 38''.

Subsec. (d). Pub. L. 106-65, Sec. 1066(a)(24)(B), struck out

heading and text of subsec. (d). Text read as follows: ''In this

section:

''(1) The term 'veteran' has the meaning given that term in

section 101(2) of title 38, United States Code.

''(2) The term 'hospital care' has the meaning given that term

in section 1701(5) of title 38, United States Code.''

-CITE-

10 USC Sec. 2642 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2642. Reimbursement rate for airlift services provided to

Central Intelligence Agency

-STATUTE-

(a) Authority. - The Secretary of Defense may authorize the use

of the Department of Defense reimbursement rate for military

airlift services provided by a component of the Department of

Defense to the Central Intelligence Agency, if the Secretary of

Defense determines that those military airlift services are

provided for activities related to national security objectives.

(b) Definition. - In this section, the term ''Department of

Defense reimbursement rate'' means the amount charged a component

of the Department of Defense by another component of the Department

of Defense.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 501(a), Aug. 14, 1991, 105

Stat. 435.)

-CITE-

10 USC Sec. 2643 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2643. Commissary and exchange services: transportation

overseas

-STATUTE-

The Secretary of Defense shall authorize the officials

responsible for operation of commissaries and military exchanges to

negotiate directly with private carriers for the most

cost-effective transportation of commissary and exchange supplies

by sea without relying on the Military Sealift Command or the

Military Traffic Management Command. Section 2631 of this title,

regarding the preference for vessels of the United States or

belonging to the United States in the transportation of supplies by

sea, shall apply to the negotiation of transportation contracts

under the authority of this section.

-SOURCE-

(Added Pub. L. 104-106, div. A, title III, Sec. 334(a), Feb. 10,

1996, 110 Stat. 261.)

-CITE-

10 USC Sec. 2644 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2644. Control of transportation systems in time of war

-STATUTE-

In time of war, the President, through the Secretary of Defense,

may take possession and assume control of all or part of any system

of transportation to transport troops, war material, and equipment,

or for other purposes related to the emergency. So far as

necessary, he may use the system to the exclusion of other traffic.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 266, Sec. 4742; renumbered Sec.

2644 and amended Pub. L. 104-201, div. A, title IX, Sec. 906(a),

(b), Sept. 23, 1996, 110 Stat. 2620.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4742 10:1361. Aug. 29, 1916, ch.

418 (last par.

under ''Ordnance

Department''), 39

Stat. 645.

-------------------------------

The words ''as may be needful or desirable'' are omitted as

surplusage.

AMENDMENTS

1996 - Pub. L. 104-201 renumbered section 4742 of this title as

this section and substituted ''Secretary of Defense'' for

''Secretary of the Army''.

-CITE-

10 USC Sec. 2645 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2645. Indemnification of Department of Transportation for

losses covered by vessel war risk insurance

-STATUTE-

(a) Prompt Indemnification Required. - (1) In the event of a loss

that is covered by vessel war risk insurance, the Secretary of

Defense shall promptly indemnify the Secretary of Transportation

for the amount of the loss consistent with the indemnification

agreement between the two Secretaries that underlies such

insurance. The Secretary of Defense shall make such

indemnification -

(A) in the case of a claim for the loss of a vessel, not later

than 90 days after the date on which the Secretary of

Transportation determines the claim to be payable or that amounts

are due under the policy that provided the vessel war risk

insurance; and

(B) in the case of any other claim, not later than 180 days

after the date on which the Secretary of Transportation

determines the claim to be payable.

(2) When there is a loss of a vessel that is (or may be) covered

by vessel war risk insurance, the Secretary of Transportation may

make, during the period when a claim for such loss is pending with

the Secretary of Transportation, any required periodic payments

owed by the insured party to a lessor or mortgagee of such vessel.

Such payments shall commence not later than 30 days following the

date of the presentment of the claim for the loss of the vessel to

the Secretary of Transportation. If the Secretary of Transportation

determines that the claim is payable, any amount paid under this

paragraph arising from such claim shall be credited against the

amount payable under the vessel war risk insurance. If the

Secretary of Transportation determines that the claim is not

payable, any amount paid under this paragraph arising from such

claim shall constitute a debt to the United States, payable to the

insurance fund. Any such amounts so returned to the United States

shall be promptly credited to the fund or account from which the

payments were made under this paragraph.

(b) Source of Funds for Payment of Indemnity. - The Secretary of

Defense may pay an indemnity described in subsection (a) from any

funds available to the Department of Defense for operation and

maintenance, and such sums as may be necessary for payment of such

indemnity are hereby authorized to be transferred to the Secretary

of Transportation for such purpose.

(c) Deposit of Funds. - Any amount transferred to the Secretary

of Transportation under this section shall be deposited in, and

merged with amounts in, the Vessel War Risk Insurance Fund as

provided in the second sentence of section 1208(a) of the Merchant

Marine Act, 1936 (46 U.S.C. App. 1288(a)).

(d) Notice to Congress. - In the event of a loss that is covered

by vessel war risk insurance in the case of an incident in which

the covered loss is (or is expected to be) in an amount in excess

of $1,000,000, the Secretary of Defense shall submit to Congress -

(1) notification of the loss as soon after the occurrence of

the loss as possible and in no event more than 30 days after the

date of the loss; and

(2) semiannual reports thereafter updating the information

submitted under paragraph (1) and showing with respect to losses

arising from such incident the total amount expended to cover

such losses, the source of such funds, pending litigation, and

estimated total cost to the Government.

(e) Implementing Matters. - (1) Payment of indemnification under

this section is not subject to section 2214 or 2215 of this title

or any other provision of law requiring notification to Congress

before funds may be transferred.

(2) Consolidation of claims arising from the same incident is not

required before indemnification of the Secretary of Transportation

for payment of a claim may be made under this section.

(f) Construction With Other Transfer Authority. - Authority to

transfer funds under this section is in addition to any other

authority provided by law to transfer funds (whether enacted

before, on, or after the date of the enactment of this section) and

is not subject to any dollar limitation or notification requirement

contained in any other such authority to transfer funds.

(g) Annual Report on Contingent Liabilities. - Not later than

March 1 of each year, the Secretary of Defense shall submit to

Congress a report setting forth the current amount of the

contingent outstanding liability of the United States under the

vessel war risk insurance program under title XII of the Merchant

Marine Act, 1936 (46 U.S.C. App. 1281 et seq.).

(h) Definitions. - In this section:

(1) Vessel war risk insurance. - The term ''vessel war risk

insurance'' means insurance and reinsurance provided through

policies issued by the Secretary of Transportation under title

XII of the Merchant Marine Act, 1936 (46 U.S.C. App. 1281 et

seq.), that is provided by that Secretary without premium at the

request of the Secretary of Defense and is covered by an

indemnity agreement between the Secretary of Transportation and

the Secretary of Defense.

(2) Vessel war risk insurance fund. - The term ''Vessel War

Risk Insurance Fund'' means the insurance fund referred to in the

first sentence of section 1208(a) of the Merchant Marine Act,

1936 (46 U.S.C. App. 1288(a)).

(3) Loss. - The term ''loss'' includes damage to or destruction

of property, personal injury or death, and other liabilities and

expenses covered by the vessel war risk insurance.

-SOURCE-

(Added Pub. L. 104-201, div. A, title X, Sec. 1079(b)(1), Sept.

23, 1996, 110 Stat. 2669; amended Pub. L. 105-85, div. A, title X,

Sec. 1073(a)(57), Nov. 18, 1997, 111 Stat. 1903.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(f), is the date of enactment of Pub. L. 104-201, which was

approved Sept. 23, 1996.

The Merchant Marine Act, 1936, referred to in subsecs. (g) and

(h)(1), is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended.

Title XII of the Act is classified generally to subchapter XII

(Sec. 1281 et seq.) of chapter 27 of Title 46, Appendix, Shipping.

For complete classification of this Act to the Code, see section

1245 of Title 46, Appendix, and Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(1)(B). Pub. L. 105-85 struck out ''on which''

after ''after the date on which''.

-CITE-

10 USC Sec. 2646 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2646. Travel services: procurement for official and unofficial

travel under one contract

-STATUTE-

(a) Authority. - The head of an agency may enter into a contract

for travel-related services that provides for the contractor to

furnish services for both official travel and unofficial travel.

(b) Credits, Discounts, Commissions, Fees. - (1) A contract

entered into under this section may provide for credits, discounts,

or commissions or other fees to accrue to the Department of

Defense. The accrual and amounts of credits, discounts, or

commissions or other fees may be determined on the basis of the

volume (measured in the number or total amount of transactions or

otherwise) of the travel-related sales that are made by the

contractor under the contract.

(2) The evaluation factors applicable to offers for a contract

under this section may include a factor that relates to the

estimated aggregate value of any credits, discounts, commissions,

or other fees that would accrue to the Department of Defense for

the travel-related sales made under the contract.

(3) Commissions or fees received by the Department of Defense as

a result of travel-related sales made under a contract entered into

under this section shall be distributed as follows:

(A) For amounts relating to sales for official travel, credit

to appropriations available for official travel for the fiscal

year in which the amounts were charged.

(B) For amounts relating to sales for unofficial travel,

deposit in nonappropriated fund accounts available for morale,

welfare, and recreation programs.

(c) Definitions. - In this section:

(1) The term ''head of an agency'' has the meaning given that

term in section 2302(1) of this title.

(2) The term ''official travel'' means travel at the expense of

the Federal Government.

(3) The term ''unofficial travel'' means personal travel or

other travel that is not paid for or reimbursed by the Federal

Government out of appropriated funds.

(d) Inapplicability to Coast Guard and NASA. - This section does

not apply to the Coast Guard when it is not operating as a service

in the Navy, nor to the National Aeronautics and Space

Administration.

-SOURCE-

(Added Pub. L. 105-261, div. A, title VIII, Sec. 813(a), Oct. 17,

1998, 112 Stat. 2087.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 2647 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 157 - TRANSPORTATION

-HEAD-

Sec. 2647. Next-of-kin of persons unaccounted for from conflicts

after World War II: transportation to annual meetings

-STATUTE-

The Secretary of Defense may provide transportation for the

next-of-kin of persons who are unaccounted for from the Korean

conflict, the Cold War, Vietnam War era, or the Persian Gulf War to

and from an annual meeting in the United States. Such

transportation shall be provided under such regulations as the

Secretary of Defense may prescribe.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 574(a), Dec. 28,

2001, 115 Stat. 1122.)

-MISC1-

AVAILABILITY OF FUNDS FOR NEXT-OF-KIN OF VIETNAM ERA INDIVIDUALS

Pub. L. 107-117, div. A, title VIII, Sec. 8018, Jan. 10, 2002,

115 Stat. 2251, provided that: ''Funds available in this Act (see

Tables for classification) and hereafter may be used to provide

transportation for the next-of-kin of individuals who have been

prisoners of war or missing in action from the Vietnam era to an

annual meeting in the United States, under such regulations as the

Secretary of Defense may prescribe.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-259, title VIII, Sec. 8018, Aug. 9, 2000, 114 Stat.

678.

Pub. L. 106-79, title VIII, Sec. 8018, Oct. 25, 1999, 113 Stat.

1235.

Pub. L. 105-262, title VIII, Sec. 8018, Oct. 17, 1998, 112 Stat.

2301.

Pub. L. 105-56, title VIII, Sec. 8018, Oct. 8, 1997, 111 Stat.

1224.

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8019), Sept. 30, 1996, 110 Stat. 3009-71, 3009-92.

Pub. L. 104-61, title VIII, Sec. 8025, Dec. 1, 1995, 109 Stat.

657.

Pub. L. 103-335, title VIII, Sec. 8031, Sept. 30, 1994, 108 Stat.

2625.

Pub. L. 103-139, title VIII, Sec. 8034, Nov. 11, 1993, 107 Stat.

1447.

Pub. L. 102-396, title IX, Sec. 9046, Oct. 6, 1992, 106 Stat.

1912.

Pub. L. 102-172, title VIII, Sec. 8047, Nov. 26, 1991, 105 Stat.

1182.

Pub. L. 101-511, title VIII, Sec. 8051, Nov. 5, 1990, 104 Stat.

1886.

Pub. L. 101-165, title IX, Sec. 9065, Nov. 21, 1989, 103 Stat.

1143.

-CITE-