§2613 — Title 10 Armed Forces | U.S. Code

Summary

Allows the Secretary of Defense to take donated travel perks and use them to help deployed service members and some family members get home for leave or to be with a recovering service member. Donations can come from any person or government agency, but the airline, hotel, or other business that provided the perk must agree and the perk must be used under that business’s rules. The donated benefits may only pay for travel when a member is deployed overseas for a contingency and is on authorized leave (such as rest and recuperation, emergency, or convalescent leave), or to bring family to a member who is recovering from a deployment injury or illness. The Secretary must pick one office to run the program, make the rules, limit who and how many family members may travel or how many trips, and make rare exceptions for very close nonfamily visitors. The Defense Department may hire a nonprofit to help collect and manage donations but may not use appropriated funds to promote donations. Definitions: travel benefit — frequent flyer miles, ticket credits or tickets, or hotel points/awards; family member — meaning given in 37 U.S.C. 451(a).

Title 10, §2613

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (c), the Secretary of Defense may accept from any person or government agency the donation of travel benefits for the purposes of use under subsection (d).

(b)In this section, the term “travel benefit” means—

(1)frequent traveler miles, credits for tickets, or tickets for air or surface transportation issued by an air carrier or a surface carrier, respectively, that serves the public; and

(2)points or awards for free or reduced-cost accommodations issued by an inn, hotel, or other commercial establishment that provides lodging to transient guests.

(c)The Secretary may accept a donation of a travel benefit under this section only if the business entity referred to in subsection (b) that is the source of the benefit consents to such donation. Any such donation shall be under such terms and conditions as the business entity may specify, and the travel benefit so donated may be used only in accordance with the rules established by the business entity.

(d)A travel benefit accepted under this section may be used only for the purpose of—

(1)facilitating the travel of a member of the armed forces who—

(A)is deployed on active duty outside the United States away from the permanent duty station of the member in support of a contingency operation; and

(B)is granted, during such deployment, rest and recuperative leave, emergency leave, convalescent leave, or another form of leave authorized for the member; or

(2)in the case of a member of the armed forces recuperating from an injury or illness incurred or aggravated in the line of duty during such a deployment, facilitating the travel of family members of the member in order to be reunited with the member.

(e)(1)The Secretary shall designate a single office in the Department of Defense to carry out this section. That office shall develop rules and procedures to facilitate the acceptance and distribution of travel benefits under this section.

(2)For the use of travel benefits under subsection (d)(2) by family members of a member of the armed forces, the Secretary may, as the Secretary determines appropriate, limit—

(A)eligibility to family members who, by reason of affinity, degree of consanguinity, or otherwise, are sufficiently close in relationship to the member of the armed forces to justify the travel assistance;

(B)the number of family members who may travel; and

(C)the number of trips that family members may take.

(3)The Secretary of Defense may, in an exceptional case, authorize a person not described in subsection (d)(2) to use a travel benefit accepted under this subsection to visit a member of the armed forces described in subsection (d)(1) if that person has a notably close relationship with the member. The travel benefit may be used by such person only in accordance with such conditions and restrictions as the Secretary determines appropriate and the rules established by the business entity referred to in subsection (b) that is the source of the travel benefit.

(f)The Secretary of Defense may enter into an agreement with a nonprofit organization to use the services of the organization—

(1)to promote the donation of travel benefits under this section, except that amounts appropriated to the Department of Defense may not be expended for this purpose; and

(2)to assist in administering the collection, distribution, and use of travel benefits under this section.

(g)In this section, the term “family member” has the meaning given that term in section 451(a) of title 37.

Notes & Related Subsidiaries

Editorial Notes

Codification Another section 2613 was renumbered section 2614 of this title.

Amendments

2022—Subsec. (g). Pub. L. 117–263 substituted “section 451(a)” for “section 481h(b)”. 2018—Subsec. (g). Pub. L. 115–232 substituted “481h(b)” for “481h(b)(1)”. 2013—Subsec. (g). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Pub. L. 112–81, § 576(d)(1), substituted “Acceptance of frequent traveler miles, credits, points, and tickets: use to facilitate rest and recuperation travel of deployed members and their families” for “Acceptance of frequent traveler miles, credits, and tickets; use to facilitate rest and recuperation travel of deployed members and their families” in section catchline. Subsec. (b). Pub. L. 112–81, § 576(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) defined travel benefit. Subsec. (c). Pub. L. 112–81, § 576(b), substituted “the business entity referred to in subsection (b)” for “the air or surface carrier” and substituted “the business entity” for “the surface carrier” and for “the carrier”. Subsec. (e)(3). Pub. L. 112–81, § 576(c), substituted “the business entity referred to in subsection (b)” for “the air carrier or surface carrier”. Subsec. (g). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “481h(b)(1)” for “411h(b)(1)”. 2006—Subsec. (b). Pub. L. 109–364 substituted “In this” for “In the”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 Amendment Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

§2613 Acceptance of Frequent Traveler Miles, Credits, Points, and Tickets: Use to Facilitate Rest and Recuperation Travel of Deployed Members and Their Families