10 U.S.C. § 2644 — Control of transportation systems in time

Page 2040 TITLE 10—ARMED FORCES § 2644 States. Such appropriated funds may be supple- mented with additional funds derived from im- proved management practices implemented pur- suant to sections 2481(c)(3) and 2487(c) of this title. (Added Pub. L. 104–106, div. A, title III, § 334(a), Feb. 10, 1996, 110 Stat. 261; amended Pub. L. 109–163, div. A, title VI, § 673, Jan. 6, 2006, 119 Stat. 3319; Pub. L. 114–328, div. A, title VI, § 661(h), Dec. 23, 2016, 130 Stat. 2172.) Editorial Notes AMENDMENTS 2016—Subsec. (b). Pub. L. 114–328 inserted at end ‘‘Such appropriated funds may be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title.’’ 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘to destina- tions outside the continental United States without re- lying on the Air Mobility Command, the Military Sea- lift Command,’’ for ‘‘by sea without relying on the Military Sealift Command’’ and ‘‘contracts for sea- borne transportation’’ for ‘‘transportation contracts’’, and added subsec. (b). § 2644. Control of transportation systems in time of war In time of war, the President, through the Sec- retary of Defense, may take possession and as- sume control of all or part of any system of transportation to transport troops, war mate- rial, and equipment, or for other purposes re- lated to the emergency. So far as necessary, he may use the system to the exclusion of other traffic. (Aug. 10, 1956, ch. 1041, 70A Stat. 266, § 4742; re- numbered § 2644 and amended Pub. L. 104–201, div. A, title IX, § 906(a), (b), Sept. 23, 1996, 110 Stat. 2620.) 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 omit- ted as surplusage. Editorial Notes AMENDMENTS 1996—Pub. L. 104–201 renumbered section 4742 of this title as this section and substituted ‘‘Secretary of De- fense’’ for ‘‘Secretary of the Army’’. § 2645. Indemnification of Department of Trans- portation for losses covered by vessel war risk insurance (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 Transpor- tation 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 indem- nification— (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 deter- mines the claim to be payable or that amounts are due under the policy that provided the ves- sel war risk insurance; and (B) in the case of any other claim, not later than 180 days after the date on which the Sec- retary 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, dur- ing the period when a claim for such loss is pending with the Secretary of Transportation, any required periodic payments owed by the in- sured party to a lessor or mortgagee of such ves- sel. Such payments shall commence not later than 30 days following the date of the present- ment of the claim for the loss of the vessel to the Secretary of Transportation. If the Sec- retary of Transportation determines that the claim is payable, any amount paid under this paragraph arising from such claim shall be cred- ited against the amount payable under the ves- sel 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 INDEM- NITY.—The Secretary of Defense may pay an in- demnity 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 indem- nity are hereby authorized to be transferred to the Secretary of Transportation for such pur- pose. (c) DEPOSIT OF FUNDS.—Any amount trans- ferred 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 section 53909(b) of title 46. (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 $10,000,000, the Secretary of Defense shall sub- mit to Congress 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. (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 Con- gress before funds may be transferred. (2) Consolidation of claims arising from the same incident is not required before indem- nification of the Secretary of Transportation for payment of a claim may be made under this sec- tion. (f) CONSTRUCTION WITH OTHER TRANSFER AU- THORITY.—Authority to transfer funds under this section is in addition to any other authority provided by law to transfer funds (whether en-