§2646 — Title 10 Armed Forces | U.S. Code

Summary

An agency head can sign one contract to buy travel services that covers both government-paid trips and personal trips. The contractor can give money back to the Department of Defense as credits, discounts, commissions, or other fees. How much is given can be based on sales volume, like the number or total dollar amount of bookings. When choosing a contractor, the agency can count the estimated value of those credits. Money for government-paid travel is credited to the travel appropriations for the fiscal year when it was charged. Money from personal travel goes into nonappropriated fund accounts for morale, welfare, and recreation. The law defines three terms: head of an agency (see section 3004), official travel (travel paid by the Federal Government), and unofficial travel (personal travel not paid with appropriated funds). It does not apply to the Coast Guard when it is not part of the Navy, or to NASA.

Title 10, §2646

Armed Forces — Source: USLM XML via OLRC

(a)The head of an agency may enter into a contract for travel-related services that provides for the contractor to furnish services for both official travel and unofficial travel.

(b)(1)A contract entered into under this section may provide for credits, discounts, or commissions or other fees to accrue to the Department of Defense. The accrual and amounts of credits, discounts, or commissions or other fees may be determined on the basis of the volume (measured in the number or total amount of transactions or otherwise) of the travel-related sales that are made by the contractor under the contract.

(2)The evaluation factors applicable to offers for a contract under this section may include a factor that relates to the estimated aggregate value of any credits, discounts, commissions, or other fees that would accrue to the Department of Defense for the travel-related sales made under the contract.

(3)Commissions or fees received by the Department of Defense as a result of travel-related sales made under a contract entered into under this section shall be distributed as follows:

(A)For amounts relating to sales for official travel, credit to appropriations available for official travel for the fiscal year in which the amounts were charged.

(B)For amounts relating to sales for unofficial travel, deposit in nonappropriated fund accounts available for morale, welfare, and recreation programs.

(c)In this section:

(1)The term “head of an agency” has the meaning given that term in section 3004 of this title.

(2)The term “official travel” means travel at the expense of the Federal Government.

(3)The term “unofficial travel” means personal travel or other travel that is not paid for or reimbursed by the Federal Government out of appropriated funds.

(d)This section does not apply to the Coast Guard when it is not operating as a service in the Navy, nor to the National Aeronautics and Space Administration.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (c)(1). Pub. L. 116–283 substituted “section 3004” for “section 2302(1)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

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 section 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.

§2646 Travel services: procurement for official and unofficial travel under one contract