
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5564]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
              SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES
 
Sec. 5564. Travel and transportation; dependents; household and 
        personal effects; motor vehicles; sale of bulky items; claims 
        for proceeds; appropriation chargeable
        
    (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 of title 14; or
        (3) chapter 171 of title 28.

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

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  50A U.S.C. 1012 (14th         Mar. 7, 1942, ch.
                      sentence).                    166, Sec.  12, 56
                                                    Stat. 146.
                                                   Feb. 12, 1946, ch. 6,
                                                    Sec.  1(a), 60 Stat.
                                                    5.
                     ............................  Aug. 29, 1951, ch.
                                                    356, Sec.  1, 65
                                                    Stat. 207.
                     ............................  Apr. 4, 1953, ch. 17,
                                                    Sec.  1(d), 67 Stat.
                                                    21.
                     ............................  Aug. 29, 1957, Pub.
                                                    L. 85-217, Sec.
                                                    1(d), 71 Stat. 492.
(b)................  50A U.S.C. 1012 (1st          Aug. 14, 1964, Pub.
                      sentence).                    L. 88-428, Sec.
                                                    1(8), 78 Stat. 437.
                     50A U.S.C. 1014 (as           Mar. 7, 1942, ch.
                      applicable to Sec.  1012      166, Sec.  14 (as
                      (1st sentence)).              applicable to Sec.
                                                    12 (1st sentence)),
                                                    56 Stat. 147.
                                                   Apr. 4, 1953, ch. 17,
                                                    Sec.  1(e), 67 Stat.
                                                    21.
(c)................  50A U.S.C. 1012 (12th
                      sentence).
(d)................  50A U.S.C. 1012 (13th
                      sentence).
(e)................  50A U.S.C. 1012 (11th
                      sentence).
(f)................  50A U.S.C. 1012 (9th and
                      10th sentences).
(g)................  50A U.S.C. 1012 (2d-4th
                      sentences).
(h)................  50A U.S.C. 1012 (5th-7th
                      sentences).
(i)................  50A U.S.C. 1012 (8th
                      sentence).
------------------------------------------------------------------------

    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.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5564(a)............  50 App.: 1012.                Oct. 19, 1965, Pub.
                                                    L. 89-271, 79 Stat.
                                                    992.
------------------------------------------------------------------------

    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.


                               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''.
