US (United States) Code. Title 10. Subtitle B. Part IV. Chapter 447: Transportation

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

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10 USC CHAPTER 447 - TRANSPORTATION 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

.

-HEAD-

CHAPTER 447 - TRANSPORTATION

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Sec.

4741. Control and supervision.

(4742. Renumbered.)

4743. Officers: use of transportation.

4744. Persons and supplies: sea transportation.

4745. Civilian passengers and commercial cargoes: transports in

trans-Atlantic service.

4746. Civilian personnel in Alaska.

4747. Passengers and merchandise to Guam: sea transport.

(4748. Repealed.)

4749. Property: for United States surveys.

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title IX, Sec. 906(d)(2), Sept.

23, 1996, 110 Stat. 2620, struck out item 4742 ''Control of

transportation systems in time of war''.

1962 - Pub. L. 87-651, title I, Sec. 119(2), Sept. 7, 1962, 76

Stat. 513, struck out item 4748 ''Motor vehicles: for members on

permanent change of station''.

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10 USC Sec. 4741 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

Sec. 4741. Control and supervision

-STATUTE-

The transportation of members, munitions of war, equipment,

military property, and stores of the Army throughout the United

States shall be under the immediate control and supervision of the

Secretary of the Army and agents appointed or designated by him.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 266.)

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Historical and Revision Notes

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

Large)

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4741 10:1363. R.S. 220.

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10 USC Sec. 4742 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

(Sec. 4742. Renumbered Sec. 2644)

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10 USC Sec. 4743 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

Sec. 4743. Officers: use of transportation

-STATUTE-

Under such conditions as the Secretary of the Army may prescribe,

officers of the Army may, in the performance of their duties, use

means of transportation provided for the Army and its supplies.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 266.)

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Historical and Revision Notes

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

Large)

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4743 10:749. Mar. 3, 1911, ch.

209 (5th proviso

under

''Transportation of

the Army and Its

Supplies''), 36

Stat. 1051.

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

Since its legislative history shows that it was enacted because

the Comptroller of the Treasury had disallowed certain accounts for

travel expenses (46 Congressional Record, pp. 905-913, 4643-4645),

the source statute is restated to preclude future disallowances.

The words ''official and military'' are omitted as surplusage.

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10 USC Sec. 4744 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

Sec. 4744. Persons and supplies: sea transportation

-STATUTE-

Whenever the Secretary of the Army considers that space is

available, the following persons and supplies may be transported on

vessels operated by Army transport agencies or, within bulk space

allocations made to the Department of the Army, on vessels operated

by any military transport agency of the Department of Defense:

(1) Members of the Navy, Marine Corps, or Coast Guard.

(2) Officers and employees of the Department of the Army, the

Department of the Navy, the Department of the Air Force, or the

Coast Guard.

(3) Supplies of the Department of the Navy.

(4) Members of Congress.

(5) Other officers of the United States traveling on official

business.

(6) Secretaries and supplies of the Armed Services Department

of the Young Men's Christian Association.

(7) Officers and employees of the Commonwealth of Puerto Rico

on official business.

(8) The families of persons described in clauses (1), (2), (4),

(5), and (7).

However, a person described in clause (7) or (8) may be so

transported only if the transportation is without expense to the

United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 266; Pub. L. 86-624, Sec. 4(d),

July 12, 1960, 74 Stat. 411.)

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Historical and Revision Notes

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

Large)

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4744 10:1369. 10:1370. Mar. 2, 1907, ch.

10:1371 (less last 2511 (6th proviso,

29 words). less last 29 words

under

''Transportation of

the Army and Its

Supplies''), 34

Stat. 1170.

June 30, 1921, ch.

33 (8th proviso

under

''Transportation of

the Army and Its

Supplies''), 42

Stat. 81.

Mar. 3, 1911, ch.

209 (3d proviso

under

''Transportation of

the Army and Its

Supplies''), 36

Stat. 1051.

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

Reference to the Philippine government, contained in the source

statute for 10:1371, is omitted, since the Philippine Republic now

has the status of a foreign country and only possessions of the

United States are intended to be covered by the source statute.

The words ''Armed Services Department'' are substituted for the

words ''Army and Navy Department'', in 10:1370, to reflect the

present name of that Department of the Young Men's Christian

Association. (See also third sentence of revision note for section

4746 of this title, below.)

AMENDMENTS

1960 - Pub. L. 86-624 struck out cl. (6) which authorized

transportation of officers and employees of the Territory of

Hawaii, redesignated cls. (7) to (9) as (6) to (8), respectively,

and substituted ''clauses (1), (2), (4), (5), and (7)'' for

''clauses (1), (2), (4), (5), (6), and (8)'' in redesignated cl.

(8), and ''clause (7) or (8)'' for ''clause (8) or (9)'' in closing

sentence.

-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.

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10 USC Sec. 4745 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

Sec. 4745. Civilian passengers and commercial cargoes: transports

in trans-Atlantic service

-STATUTE-

(a) Whenever space is unavailable on commercial lines and is

available (1) on vessels operated by Army transport agencies, or

(2) within bulk space allocations made to the Department of the

Army on vessels operated by any transport agency of the Department

of Defense, civilian passengers and commercial cargo may, in the

discretion of the Secretary of the Army and the Secretary of

Homeland Security, be transported on those vessels. Rates for

transportation under this section may not be less than those

charged by commercial lines for the same kinds of service.

(b) Amounts received under this section shall be covered into the

Treasury as miscellaneous receipts.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 267; Pub. L. 96-513, title V,

Sec. 512(22), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 97-31, Sec.

12(3)(C), Aug. 6, 1981, 95 Stat. 154; Pub. L. 107-296, title XVII,

Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

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Historical and Revision Notes

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

Large)

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4745(a) 4745(b) 10:1367 (less last June 5, 1920, ch.

20 words). 10:1367 240 (6th proviso

(last 20 words). under

''Transportation of

the Army and Its

Supplies''), 41

Stat. 960.

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In subsection (a), the words ''Federal Maritime Board'' are

substituted for the words ''United States Maritime Commission'',

since the functions of the chairman of that commission were

transferred to the chairman of the Board by 1950 Reorganization

Plan No. 21, effective May 24, 1950, 64 Stat. 1273. The words ''the

same kinds of service'' are substituted for the words ''the same

class of accommodations''. The words ''shipments of'' and

''between the same ports'' are omitted as surplusage. (See also

third sentence of revision note for section 4746 of this title,

below.)

AMENDMENTS

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

Homeland Security'' for ''Secretary of Transportation''.

1981 - Subsec. (a). Pub. L. 97-31 substituted ''Secretary of

Transportation'' for ''Secretary of Commerce''.

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

Commerce'' for ''Chairman of the Federal Maritime Board''.

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.

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10 USC Sec. 4746 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

Sec. 4746. Civilian personnel in Alaska

-STATUTE-

Persons residing in Alaska who are and have been employed there

by the United States for at least two years, and their families,

may be transported on vessels or airplanes operated by Army

transport agencies or, within bulk space allocations made to the

Department of the Army, on vessels or airplanes operated by any

military transport agency of the Department of Defense, if -

(1) the Secretary of the Army considers that accommodations are

available;

(2) the transportation is without expense to the United States;

(3) the transportation is limited to one round trip between

Alaska and the United States during any two-year period, except

in an emergency such as sickness or death; and

(4) in case of travel by air -

(A) the Secretary of Transportation has not certified that

commercial air carriers of the United States that can handle

the transportation are operating between Alaska and the United

States; and

(B) the transportation cannot be reasonably handled by a

United States commercial air carrier.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 267; Pub. L. 98-443, Sec. 9(k),

Oct. 4, 1984, 98 Stat. 1708.)

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

Large)

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4746 10:1371a. Nov. 21, 1941, ch.

483; restated July

25, 1947, ch. 321,

61 Stat. 423.

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Before the enactment of the National Security Act of 1947, the

transport functions covered by this section were performed only by

the Army. Under section 2(a)(3) of the National Security Act (as it

existed before August 10, 1949), the sea and air transportation

functions of the Army, Navy, and Air Force were respectively

consolidated into the ''Military Sea Transportation Service'',

under the Department of the Navy, and the ''Military Air Transport

Service'', under the Department of the Air Force. Instead of having

space on its own transport vessels and airplanes, the Army is now

allotted bulk space on vessels and airplanes operated by those

transport services. The words ''or, within bulk space allocations

made to the Department of the Army, on vessels or airplanes

operated by any military transport agency of the Department of

Defense'' are inserted, in accordance with an opinion of the Judge

Advocate General of the Army (JAGA 1953/5885, 22 July 1953), to

make clear that the rule applicable to Army vessels and airplanes

applies to the bulk space allocated to the Army. Since the

authority to perform transportation functions could again be

transferred as between the military departments, the reference to

''vessels or airplanes of Army transport agencies'' is retained.

The word ''considers'' is substituted for the words ''in the

opinion of''. The words ''Persons residing in Alaska who are and

have been employed there by the United States'' are substituted for

the words ''employees of the United States, residing in Alaska, who

have been in such employment''. The word ''commercial'' is

substituted for the word ''civil'' for clarity. The words ''from

and after November 21, 1941'', ''and the carriage of all such air

traffic shall be terminated'', ''dire'', ''the privilege herein

granted'', and ''as to each eligible individual'' are omitted as

surplusage. The words ''the continental'' are omitted, since

section 101(1) of this title defines the United States as ''the

States and the District of Columbia''.

AMENDMENTS

1984 - Par. (4)(A). Pub. L. 98-443 substituted ''Secretary of

Transportation'' for ''Civil Aeronautics Board''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section

9(v) of Pub. L. 98-443, set out as a note under section 5314 of

Title 5, Government Organization and Employees.

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10 USC Sec. 4747 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

Sec. 4747. Passengers and merchandise to Guam: sea transport

-STATUTE-

Whenever space is available, passengers, and merchandise produced

in the United States, or the Territories, Commonwealths, and

possessions, and consigned to residents and mercantile firms of

Guam, may be transported to Guam on vessels operated by Army

transport agencies or, within bulk space allocations made to the

Department of the Army, on vessels operated by any transport agency

of the Department of Defense, under regulations and at rates to be

prescribed by the Secretary of the Army.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 267.)

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Historical and Revision Notes

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

Large)

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4747 10:1368. 10:1371 Mar. 3, 1911, ch.

(last 29 words). 209 (4th proviso

under

''Transportation of

the Army and Its

Supplies''), 36

Stat. 1051.

Mar. 2, 1907, ch.

2511 (last 29 words

of 6th proviso

under

''Transportation of

the Army and Its

Supplies''), 34

Stat. 1171.

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

The words ''without displacing military supplies'' and ''of the

island of'', in 10:1368 and 1371, are omitted as surplusage. The

words ''produced in the United States, or the Territories,

Commonwealths, and possessions'' are substituted for the words ''of

American production''.

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10 USC Sec. 4748 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

(Sec. 4748. Repealed. Pub. L. 87-651, title I, Sec. 119(1), Sept.

7, 1962, 76 Stat. 513)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 268, related to

transportation of motor vehicles for members on permanent change of

station. See section 2634 of this title.

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10 USC Sec. 4749 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 447 - TRANSPORTATION

-HEAD-

Sec. 4749. Property: for United States surveys

-STATUTE-

Under regulations governing the transportation of Army supplies,

any branch, office, or officer designated by the Secretary of the

Army shall receive, transport, and be responsible for property

turned over by the officers or agents of any United States survey,

for the National Museum or for a department of the United States or

field office thereof. The amount paid by the Army for

transportation under this section shall be refunded to the Army by

the National Museum or the department to which the property is

consigned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 268.)

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Historical and Revision Notes

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

Large)

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4749 10:1377. July 5, 1884, ch.

217 (9th proviso

under

''Quartermaster's

Department''), 23

Stat. 111; June 28,

1950, ch. 383, Sec.

402(b), 64 Stat.

272.

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

The words ''a department of the United States or a field office

thereof'' are substituted for the words ''the civil or naval

departments of the Government, in Washington or elsewhere''. The

words ''National Museum or the department to which the property is

consigned'' are substituted for the words ''bureau to which such

property or stores pertain''. The words ''United States'' are

substituted for the word ''Government''. The words ''wherever

stationed'' are omitted as surplusage.

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