10 U.S.C. § 2646: Travel services: procurement…

Summary

An agency head may sign one contract for travel services that covers both government-paid trips and personal trips. The contract can let credits, discounts, commissions, or other fees go to the Department of Defense. Those credits or fees can be based on how much travel the contractor sells, by number of transactions, total dollar amount, or other measures. When choosing a contractor, the agency can consider the estimated total value of those credits or fees. Any commissions or fees the Department gets must be split: amounts tied to official travel go to the travel appropriations for the fiscal year when they were charged, and amounts tied to personal travel go into nonappropriated funds used for morale, welfare, and recreation programs. “Head of an agency” means the term used in section 3004. “Official travel” means trips paid for by the federal government. “Unofficial travel” means personal trips not paid with appropriated funds. This rule 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)Authority.—

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)Credits, Discounts, Commissions, Fees.—

(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)Definitions.—

In this section: (1)

(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)Inapplicability to Coast Guard and NASA.—

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