Page:United States Statutes at Large Volume 124.djvu/4221

124 STAT. 4195 PUBLIC LAW 111–383—JAN. 7, 2011 under a Department of Defense contract for ocean carriage; and ‘‘(B) the land-based portions of the transportation were under contracts, in accordance with section 2636a of this title, that require the land carriers to settle claims on the basis of full replacement value. ‘‘(3) A case in which— ‘‘(A) the lost or damaged goods were transported or stored under a contract or solicitation that requires at least one of the transportation service providers or carriers that handled the shipment to settle claims on the basis of full replacement value pursuant to section 2636a of this title; ‘‘(B) the lost or damaged goods have been in the custody of more than one independent contractor or transportation service provider; and ‘‘(C) a claim submitted to the delivering transportation service provider or carrier is denied in whole or in part because the loss or damage occurred while the lost or damaged goods were in the custody of a prior transportation service provider or carrier or government entity.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ‘‘2740. Property loss: reimbursement of members and civilian employees for full re- placement value of household effects when contractor reimbursement not available.’’. (b) EFFECTIVE DATE.—Section 2740 of title 10, United States Code, as added by subsection (a), shall apply with respect to losses incurred after the date of the enactment of this Act. SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE PROPERTY. (a) IN GENERAL.—Chapter 165 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 2790. Recovery of improperly disposed of Department of Defense property ‘‘(a) PROHIBITION.—No member of the armed forces, civilian employee of the United States Government, contractor personnel, or other person may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or other military or Department of Defense property except in accordance with the statutes and regula- tions governing Government property. ‘‘(b) TRANSFER OF TITLE OR INTEREST INEFFECTIVE.—If property has been disposed of in violation of subsection (a), the person holding the property has no right or title to, or interest in, the property. ‘‘(c) AUTHORITY FOR SEIZURE OF IMPROPERLY DISPOSED OF PROP- ERTY.—If any person is in the possession of military or Department of Defense property without right or title to, or interest in, the property because it has been disposed of in material violation of subsection (a), any Federal, State, or local law enforcement official may seize the property wherever found. Unless an exception to the warrant requirement under the fourth amendment to the Con- stitution applies, seizure may be made only— ‘‘(1) pursuant to— 10 USC 2740 note.