Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable

5 U.S.C. § 5564

• Title: 5 — Government Organization and Employees
• Chapter: SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES

Text

(a) For the purpose of this section, "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense.
(b) Transportation (including packing, crating, draying, temporarily storing, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561(5) (A)–(E) of this title to—
(1) the official residence of record for the employee;
(2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or
(3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection.
(c) When an employee described in subsection (b) of this section is in an injured status, transportation of dependents and household and personal effects may be provided under this section only when prolonged hospitalization or treatment is anticipated.
(d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destination requested.
(e) Instead of providing transportation for dependents under this section, when the travel has been completed the head of the agency concerned may authorize—
(1) reimbursement for the commercial cost of the transportation; or
(2) a monetary allowance, instead of transportation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished.
(f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, temporarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available.
(g) When the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the United States, he may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this section. Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within 1 year from the date of sale, the net proceeds may be covered into the Treasury of the United States as miscellaneous receipts.
(h) A claim for net proceeds covered into the Treasury under subsection (g) of this section may be filed with the Administrator of General Services by the owner, his heir or next of kin, or his legal representative at any time before the end of 5 years from the date the proceeds are covered into the Treasury. When a claim is filed, the Administrator of General Services shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of 5 years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the Administrator of General Services or the courts.
(i) This section does not amend or repeal—
(1) section 2575, 2733, 4712, 6522, or 9712 of title 10;
(2) section 507 1 of title 14; or
(3) chapter 171 of title 28.

History

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 491; Pub. L. 90–83, §1(33), Sept. 11, 1967, 81 Stat. 201; Pub. L. 102–190, div. A, title X, §1063(a), Dec. 5, 1991, 105 Stat. 1476; Pub. L. 104–316, title II, §202(a), Oct. 19, 1996, 110 Stat. 3842.)

Editorial Notes

Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "Beginning June 25, 1950, and" are omitted as executed. The words "not to exceed" are omitted as unnecessary. The words "outside the United States, or in Alaska or Hawaii" are substituted for "outside the continental limits of the United States or in Alaska".
In subsection (b), the words "Transportation . . . may be provided" are substituted for "may be moved". The words "an employee . . . for more than 28 days in a status listed in section 5561(5)(A)–(E) of this title" are substituted for "person . . . for a period of thirty days or more in any status listed in section 2 of this Act" for clarity and to conform to the definitions in section 5561(2) and (5). In paragraph (1), the words "the employee" are substituted for "any such person". In paragraph (3), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned or by such person as he may designate".
In subsection (c), the word "employee" is substituted for "person". The words "transportation . . . may be provided under this section only when" are substituted for "movement . . . provided for herein may be authorized only in cases where".
In subsection (d), the words "on request of a dependent may be provided under . . . only" are substituted for "No . . . shall be authorized pursuant to . . . upon application by dependents unless". The words "condition and" are omitted as surplusage.
In subsection (e)(1), the words "reimbursement for" are substituted for "the payment in money of amounts equal to".
In subsection (f), the word "employee" is substituted for "person". The words "such time as" are omitted as surplusage.
In subsection (g), the words "United States" are substituted for "Government" to conform to the style of this title. The word "employee" is substituted for "person". The words "under . . . prescribed" are substituted for "in accordance with . . . issued".
In subsection (h), the words "under subsection (g) of this section" are substituted for "under authority of this section".
In subsection (i), the words "the provisions of" are omitted as surplusage. Paragraph (3) is substituted for "the Federal Tort Claims Act (60 Stat. 842–847), as amended;" to reflect the correct citation of that Act.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Only that portion of the source law applicable to civilian officers and employees and their dependents is codified in this section. That portion of the source law applicable to members of the uniformed services and their dependents is codified in 37 U.S.C. 554(a) by section 5(2) of this bill.

Editorial Notes

References in Text
Section 507 of title 14, referred to in subsec. (i)(2), was redesignated section 2710 of title 14 by Pub. L. 115–282, title I, §116(b)(2), Dec. 4, 2018, 132 Stat. 4226, and references to section 507 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments
1996—Subsec. (h). Pub. L. 104–316 substituted "Administrator of General Services" for "General Accounting Office" wherever appearing.
1991—Subsec. (i)(1). Pub. L. 102–190 substituted "6522, or 9712" for "4713, 6522, 9712, or 9713".