10 U.S.C. § 2646 — Travel services: procurement for official

Page 2041 TITLE 10—ARMED FORCES § 2646 acted before, on, or after the date of the enact- ment of this section) and is not subject to any dollar limitation or notification requirement contained in any other such authority to trans- fer funds. [(g) Repealed. Pub. L. 108–136, div. A, title X, § 1031(a)(26)(B), Nov. 24, 2003, 117 Stat. 1598.] (h) DEFINITIONS.—In this section: (1) VESSEL WAR RISK INSURANCE.—The term ‘‘vessel war risk insurance’’ means insurance and reinsurance provided through policies issued by the Secretary of Transportation under chapter 539 of title 46 that is provided by that Secretary without premium at the re- quest of the Secretary of Defense and is cov- ered by an indemnity agreement between the Secretary of Transportation and the Secretary of Defense. (2) VESSEL WAR RISK INSURANCE FUND.—The term ‘‘Vessel War Risk Insurance Fund’’ means the insurance fund referred to in sec- tion 53909(a) of title 46. (3) LOSS.—The term ‘‘loss’’ includes damage to or destruction of property, personal injury or death, and other liabilities and expenses covered by the vessel war risk insurance. (Added Pub. L. 104–201, div. A, title X, § 1079(b)(1), Sept. 23, 1996, 110 Stat. 2669; amended Pub. L. 105–85, div. A, title X, § 1073(a)(57), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 108–136, div. A, title X, § 1031(a)(26), Nov. 24, 2003, 117 Stat. 1598; Pub. L. 109–304, § 17(a)(4), Oct. 6, 2006, 120 Stat. 1706; Pub. L. 112–81, div. A, title X, § 1064(8), Dec. 31, 2011, 125 Stat. 1587.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (f), is the date of enactment of Pub. L. 104–201, which was approved Sept. 23, 1996. AMENDMENTS 2011—Subsec. (d). Pub. L. 112–81 substituted ‘‘$10,000,000’’ for ‘‘$1,000,000’’. 2006—Subsec. (c). Pub. L. 109–304, § 17(a)(4)(A), sub- stituted ‘‘section 53909(b) of title 46’’ for ‘‘the second sentence of section 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1288(a))’’. Subsec. (h)(1). Pub. L. 109–304, § 17(a)(4)(B), sub- stituted ‘‘chapter 539 of title 46’’ for ‘‘title XII of the Merchant Marine Act, 1936 (46 U.S.C. App. 1281 et seq.),’’. Subsec. (h)(2). Pub. L. 109–304, § 17(a)(4)(C), substituted ‘‘section 53909(a) of title 46’’ for ‘‘the first sentence of section 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1288(a))’’. 2003—Subsec. (d). Pub. L. 108–136, § 1031(a)(26)(A), sub- stituted ‘‘Congress’’ for ‘‘Congress—’’, struck out par. (1) designation before ‘‘notification’’, substituted a pe- riod for ‘‘; and’’ after ‘‘date of the loss’’, and struck out par. (2) which read as follows: ‘‘semiannual reports thereafter updating the information submitted under paragraph (1) and showing with respect to losses arising from such incident the total amount expended to cover such losses, the source of such funds, pending litiga- tion, and estimated total cost to the Government.’’ Subsec. (g). Pub. L. 108–136, § 1031(a)(26)(B), struck out heading and text of subsec. (g). Text read as follows: ‘‘Not later than March 1 of each year, the Secretary of Defense shall submit to Congress a report setting forth the current amount of the contingent outstanding li- ability of the United States under the vessel war risk insurance program under title XII of the Merchant Ma- rine Act, 1936 (46 U.S.C. App. 1281 et seq.).’’ 1997—Subsec. (a)(1)(B). Pub. L. 105–85 struck out ‘‘on which’’ after ‘‘after the date on which’’. § 2646. Travel services: procurement for official and unofficial travel under one contract (a) AUTHORITY.—The head of an agency may enter into a contract for travel-related services that provides for the contractor to furnish serv- ices 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 commis- sions 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 (meas- ured in the number or total amount of trans- actions or otherwise) of the travel-related sales that are made by the contractor under the con- tract. (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 De- partment 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 unoffi- cial travel, deposit in nonappropriated fund accounts available for morale, welfare, and recreation programs. (c) DEFINITIONS.—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 per- sonal 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. (Added Pub. L. 105–261, div. A, title VIII, § 813(a), Oct. 17, 1998, 112 Stat. 2087; amended Pub. L. 116–283, div. A, title XVIII, § 1806(e)(1)(B), Jan. 1, 2021, 134 Stat. 4155.) Editorial Notes AMENDMENTS 2021—Subsec. (c)(1). Pub. L. 116–283 substituted ‘‘sec- tion 3004’’ for ‘‘section 2302(1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation Page 2042 TITLE 10—ARMED FORCES § 2647 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 relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2647. Next-of-kin of persons unaccounted for from conflicts after World War II: transpor- tation to annual meetings The Secretary of Defense may provide trans- portation for the next-of-kin of persons who are unaccounted for from the Korean conflict, the Cold War, Vietnam War era, or the Persian Gulf War to and from an annual meeting in the United States. Such transportation shall be pro- vided under such regulations as the Secretary of Defense may prescribe. (Added Pub. L. 107–107, div. A, title V, § 574(a), Dec. 28, 2001, 115 Stat. 1122.) Statutory Notes and Related Subsidiaries AVAILABILITY OF FUNDS FOR NEXT-OF-KIN OF VIETNAM ERA INDIVIDUALS Pub. L. 107–117, div. A, title VIII, § 8018, Jan. 10, 2002, 115 Stat. 2251, provided that: ‘‘Funds available in this Act [see Tables for classification] and hereafter may be used to provide transportation for the next-of-kin of in- dividuals who have been prisoners of war or missing in action from the Vietnam era to an annual meeting in the United States, under such regulations as the Sec- retary of Defense may prescribe.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 106–259, title VIII, § 8018, Aug. 9, 2000, 114 Stat. 678. Pub. L. 106–79, title VIII, § 8018, Oct. 25, 1999, 113 Stat. 1235. Pub. L. 105–262, title VIII, § 8018, Oct. 17, 1998, 112 Stat. 2301. Pub. L. 105–56, title VIII, § 8018, Oct. 8, 1997, 111 Stat. 1224. Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8019], Sept. 30, 1996, 110 Stat. 3009–71, 3009–92. Pub. L. 104–61, title VIII, § 8025, Dec. 1, 1995, 109 Stat. 657. Pub. L. 103–335, title VIII, § 8031, Sept. 30, 1994, 108 Stat. 2625. Pub. L. 103–139, title VIII, § 8034, Nov. 11, 1993, 107 Stat. 1447. Pub. L. 102–396, title IX, § 9046, Oct. 6, 1992, 106 Stat. 1912. Pub. L. 102–172, title VIII, § 8047, Nov. 26, 1991, 105 Stat. 1182. Pub. L. 101–511, title VIII, § 8051, Nov. 5, 1990, 104 Stat. 1886. Pub. L. 101–165, title IX, § 9065, Nov. 21, 1989, 103 Stat. 1143. § 2648. Persons and supplies: sea, land, and air transportation Whenever the Secretary of Defense considers that space is available, the following persons and supplies may be transported on vessels, ve- hicles, or aircraft operated by the Department of Defense: (1) Members of Congress. (2) Other officers of the United States trav- eling on official business. (3) Secretaries and supplies of the Armed Services Department of the Young Men’s Christian Association. (4) Officers and employees of the Common- wealth of Puerto Rico on official business. (5) The families of members of the armed forces, officers and employees of the Depart- ment of Defense or the Coast Guard, and per- sons described in paragraphs (1), (2), and (4). However, a person described in paragraph (4) or (5) may be so transported only if the transpor- tation is without expense to the United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 266, § 4744; Pub. L. 86–624, § 4(d), July 12, 1960, 74 Stat. 411; renum- bered § 2648 and amended Pub. L. 108–375, div. A, title X, § 1072(a), (b)(1), Oct. 28, 2004, 118 Stat. 2057; Pub. L. 111–383, div. A, title III, § 352(d), (e)(1), Jan. 7, 2011, 124 Stat. 4193.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4744 ......... 10:1369. 10:1370. 10:1371 (less last 29 words). Mar. 2, 1907, ch. 2511 (6th proviso, less last 29 words under ‘‘Trans- portation of the Army and Its Supplies’’), 34 Stat. 1170. June 30, 1921, ch. 33 (8th proviso under ‘‘Trans- portation of the Army and Its Supplies’’), 42 Stat. 81. Mar. 3, 1911, ch. 209 (3d proviso under ‘‘Trans- portation of the Army and Its Supplies’’), 36 Stat. 1051. Reference to the Philippine government, contained in the source statute for 10:1371, is omitted, since the Philippine Republic now has the status of a foreign country and only possessions of the United States are intended to be covered by the source statute. The words ‘‘Armed Services Department’’ are substituted for the words ‘‘Army and Navy Department’’, in 10:1370, to re- flect the present name of that Department of the Young Men’s Christian Association. (See also third sen- tence of revision note for section 4746 of this title, below.) Editorial Notes AMENDMENTS 2011—Pub. L. 111–383 substituted ‘‘Persons and sup- plies: sea, land, and air transportation’’ for ‘‘Persons and supplies: sea transportation’’ in section catchline and inserted ‘‘, vehicles, or aircraft’’ after ‘‘vessels’’ in introductory provisions. 2004—Pub. L. 108–375, § 1072(b)(1), in introductory pro- visions, substituted ‘‘Secretary of Defense’’ for ‘‘Sec- retary of the Army’’ and struck out ‘‘Army transport agencies or, within bulk space allocations made to the Department of the Army, on vessels operated by any military transport agency of’’ before ‘‘the Department of Defense’’, redesignated pars. (4) to (8) as (1) to (5), re- spectively, in par. (5), substituted ‘‘members of the armed forces, officers and employees of the Department of Defense or the Coast Guard, and persons described in paragraphs (1), (2), and (4)’’ for ‘‘persons described in clauses (1), (2), (4), (5), and (7)’’, in concluding provi- sions, substituted ‘‘paragraph (4) or (5)’’ for ‘‘clause (7) or (8)’’, and struck out former pars. (1) to (3) which read as follows: ‘‘(1) Members of the Navy, Marine Corps, or Coast Guard.