10 U.S.C. § 2784a — Management of travel cards

Page 2208 TITLE 10—ARMED FORCES § 2781 CONTRACTS FOR RECOVERY OF INDEBTEDNESS Pub. L. 101–165, title IX, § 9019, Nov. 21, 1989, 103 Stat. 1133, provided that: ‘‘During the current fiscal year and hereafter, the Department of Defense may enter into contracts to recover indebtedness to the United States pursuant to section 3718 of title 31, United States Code.’’ § 2781. Availability of appropriations: exchange fees; losses in accounts Amounts appropriated to the Department of Defense may be used for— (1) exchange fees; and (2) losses in the accounts of disbursing offi- cials and agents in accordance with law. (Added Pub. L. 100–370, § 1(m)(1), July 19, 1988, 102 Stat. 849.) HISTORICAL AND REVISION NOTES Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8006(c)], Dec. 19, 1985, 99 Stat. 1185, 1203. § 2782. Damage to real property: disposition of amounts recovered Except as provided in section 2775 of this title, amounts recovered for damage caused to real property under the jurisdiction of the Secretary of a military department or, with respect to the Defense Agencies, under the jurisdiction of the Secretary of Defense shall be credited to the ac- count available for the repair or replacement of the real property at the time of recovery. In such amounts as are provided in advance in ap- propriation Acts, amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in the account. (Added Pub. L. 104–106, div. B, title XXVIII, § 2821(a), Feb. 10, 1996, 110 Stat. 556.) Editorial Notes PRIOR PROVISIONS A prior section 2782, added Pub. L. 101–189, div. A, title XVI, § 1603(a)(1), Nov. 29, 1989, 103 Stat. 1597, re- lated to limits on restoration of unobligated balances withdrawn from availability for obligation, prior to re- peal by Pub. L. 101–510, div. A, title XIV, § 1405(c)(1), Nov. 5, 1990, 104 Stat. 1680. § 2783. Nonappropriated fund instrumentalities: financial management and use of non- appropriated funds (a) REGULATION OF MANAGEMENT AND USE OF NONAPPROPRIATED FUNDS.—The Secretary of De- fense shall prescribe regulations governing— (1) the purposes for which nonappropriated funds of a nonappropriated fund instrumen- tality of the United States within the Depart- ment of Defense may be expended; and (2) the financial management of such funds to prevent waste, loss, or unauthorized use. (b) PENALTIES FOR VIOLATIONS.—(1) A civilian employee of the Department of Defense who is paid from nonappropriated funds and who com- mits a substantial violation of the regulations prescribed under subsection (a) shall be subject to the same penalties as are provided by law for misuse of appropriations by a civilian employee of the Department of Defense paid from appro- priated funds. The Secretary of Defense shall prescribe regulations to carry out this para- graph. (2) The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to chap- ter 47 of this title (the Uniform Code of Military Justice) is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice). (c) NOTIFICATION OF VIOLATIONS.—(1) A civilian employee of the Department of Defense (whether paid from nonappropriated funds or from appro- priated funds), and a member of the armed forces, whose duties include the obligation of nonappropriated funds, shall notify the Sec- retary of Defense of information which the per- son reasonably believes evidences— (A) a violation by another person of any law, rule, or regulation regarding the management of such funds; or (B) other mismanagement or gross waste of such funds. (2) The Secretary of Defense shall designate ci- vilian employees of the Department of Defense or members of the armed forces to receive a no- tification described in paragraph (1) and ensure the prompt investigation of the validity of infor- mation provided in the notification. (3) The Secretary shall prescribe regulations to protect the confidentiality of a person mak- ing a notification under paragraph (1). (Added Pub. L. 102–484, div. A, title III, § 362(a), Oct. 23, 1992, 106 Stat. 2379, § 2490a; renumbered § 2783 and amended Pub. L. 103–160, div. A, title XI, § 1182(a)(8)(A), Nov. 30, 1993, 107 Stat. 1771.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–160 renumbered section 2490a of this title as this section. Subsec. (b)(2). Pub. L. 103–160, § 1182(a)(8)(A)(i), sub- stituted ‘‘chapter 47 of this title’’ for ‘‘chapter 47 of title 10, United States Code’’, ‘‘Justice) is’’ for ‘‘Jus- tice), is’’, and ‘‘section 892 of this title’’ for ‘‘section 892 of such title’’. Subsec. (c)(1). Pub. L. 103–160, § 1182(a)(8)(A)(ii), sub- stituted ‘‘armed forces’’ for ‘‘Armed Forces’’. Statutory Notes and Related Subsidiaries STANDARDIZATION OF CERTAIN PROGRAMS AND ACTIVITIES OF MILITARY EXCHANGES Pub. L. 102–484, div. A, title III, § 361, Oct. 23, 1992, 106 Stat. 2379, directed the Secretary of Defense to stand- ardize among the military departments the accounting, financial reporting formats, and automatic data proc- essing and telecommunications data transfer of infor- mation by no later than Mar. 31, 1994, and report to Congress, no later than Mar. 31, 1993, on other programs and activities that could be standardized or consoli- dated. [§ 2784. Renumbered § 4754] § 2784a. Management of travel cards (a) DISBURSEMENT OF TRAVEL ALLOWANCES DI- RECTLY TO CREDITORS.—(1) The Secretary of De- fense shall require that any part of a travel or transportation allowance of an employee of the Department of Defense or a member of the Page 2209 TITLE 10—ARMED FORCES § 2784a armed forces be disbursed directly to the issuer of a Defense travel card if the amount is dis- bursed to the issuer in payment of amounts of expenses of official travel that are charged by the employee or member on the Defense travel card. (2) The Secretary of Defense may waive the re- quirement for a direct payment to a travel card issuer under paragraph (1) in any case the Sec- retary determines appropriate. (3) For the purposes of this subsection, the travel and transportation allowances referred to in paragraph (1) are amounts to which an em- ployee of the Department of Defense is entitled under section 5702 of title 5 or a member of the armed forces is entitled under section 452 of title 37. (b) OFFSETS FOR DELINQUENT TRAVEL CARD CHARGES.—(1) The Secretary of Defense may re- quire that there be deducted and withheld from any basic pay payable to an employee of the De- partment of Defense or a member of the armed forces any amount that is owed by the employee or member to a creditor by reason of one or more charges of expenses of official travel of the employee or member on a Defense travel card issued by the creditor if the employee or mem- ber— (A) is delinquent in the payment of such amount under the terms of the contract under which the card is issued; and (B) does not dispute the amount of the delin- quency. (2) The amount deducted and withheld from pay under paragraph (1) with respect to a debt owed a creditor as described in that paragraph shall be disbursed to the creditor to reduce the amount of the debt. (3) The amount of pay deducted and withheld from the pay owed to an employee or member with respect to a pay period under paragraph (1) may not exceed 15 percent of the disposable pay of the employee or member for that pay period, except that a higher amount may be deducted and withheld with the written consent of the employee or member. (4) The Secretary of Defense shall prescribe procedures for deducting and withholding amounts from pay under this subsection. The procedures shall be substantially equivalent to the procedures under section 3716 of title 31. (c) OFFSETS OF RETIRED PAY.—In the case of a former employee of the Department of Defense or a retired member of the armed forces who is receiving retired pay and who owes an amount to a creditor by reason of one or more charges on a Defense travel card that were made before the retirement of the employee or member, the Secretary may require amounts to be deducted and withheld from any retired pay of the former employee or retired member in the same manner and subject to the same conditions as the Sec- retary deducts and withholds amounts from basic pay payable to an employee or member under subsection (b). (d) DETERMINATIONS OF CREDITWORTHINESS FOR ISSUANCE OF DEFENSE TRAVEL CARD.—(1) The Secretary of Defense shall evaluate the credit- worthiness of an employee of the Department of Defense or a member of armed forces before issuing a Defense travel card to such an em- ployee or member. The evaluation may include an examination of the individual’s credit history in available credit records. (2) An individual may not be issued a Defense travel card if the individual is found not credit- worthy as a result of the evaluation required under paragraph (1). (e) REGULATIONS ON DISCIPLINARY ACTION.—(1) The Secretary of Defense shall prescribe regula- tions for making determinations regarding the taking of disciplinary action, including assess- ment of penalties, against Department of De- fense personnel for improper, fraudulent, or abu- sive use of Defense travel cards by such per- sonnel. (2) The regulations prescribed under paragraph (1) shall— (A) provide for appropriate adverse per- sonnel actions or other punishment to be im- posed in cases in which employees of the De- partment of Defense violate such regulations or are negligent or engage in misuse, abuse, or fraud with respect to a Defense travel card, in- cluding removal in appropriate cases; and (B) provide that a violation of such regula- tions by a person subject to chapter 47 of this title (the Uniform Code of Military Justice) is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Mili- tary Justice). (f) DEFINITIONS.—In this section: (1) The term ‘‘Defense travel card’’ means a charge or credit card that— (A) is issued to an employee of the Depart- ment of Defense or a member of the armed forces under a contract entered into by the Department of Defense with the issuer of the card; and (B) is to be used for charging expenses in- curred by the employee or member in con- nection with official travel. (2) The term ‘‘disposable pay’’, with respect to a pay period, means the amount equal to the excess of the amount of basic pay or re- tired pay, as the case may be, payable for the pay period over the total of the amounts de- ducted and withheld from such pay. (3) The term ‘‘retired pay’’ means— (A) in the case of a former employee of the Department of Defense, any retirement ben- efit payable to that individual, out of the Civil Service Retirement and Disability Fund, based (in whole or in part) on service performed by such individual as a civilian employee of the Department of Defense; and (B) in the case of a retired member of the armed forces or member of the Fleet Reserve or Fleet Marine Corps Reserve, retired or re- tainer pay to which the member is entitled. (g) EXCLUSION OF COAST GUARD.—This section does not apply to the Coast Guard. (Added Pub. L. 107–314, div. A, title X, § 1008(a), Dec. 2, 2002, 116 Stat. 2634; amended Pub. L. 108–136, div. A, title X, § 1009(a)–(c)(1), Nov. 24, 2003, 117 Stat. 1587, 1588; Pub. L. 109–364, div. A, title X, § 1071(a)(25), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Page 2210 TITLE 10—ARMED FORCES § 2785 Pub. L. 117–81, div. A, title VI, § 603(e), Dec. 27, 2021, 135 Stat. 1767.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(3). Pub. L. 117–81 substituted ‘‘sec- tion 452’’ for ‘‘section 474’’. 2013—Subsec. (a)(3). 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—Subsec. (a)(3). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘474’’ for ‘‘404’’. 2006—Subsec. (a)(2). Pub. L. 109–364 substituted ‘‘card’’ for ‘‘care’’. 2003—Subsec. (a)(1). Pub. L. 108–136, § 1009(a)(1), sub- stituted ‘‘The Secretary of Defense shall require’’ for ‘‘The Secretary of Defense may require’’. Subsec. (a)(2), (3). Pub. L. 108–136, § 1009(a)(2), (3), added par. (2) and redesignated former par. (2) as (3). Subsecs. (d) to (g). Pub. L. 108–136, § 1009(b), (c)(1), added subsecs. (d) and (e) and redesignated former sub- secs. (d) and (e) as (f) and (g), respectively. 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 in- cluded in Pub. L. 112–81 as enacted. 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. § 2785. Remittance addresses: regulation of alter- ations The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall prescribe regulations setting forth controls on alteration of remittance addresses. Those regu- lations shall ensure that— (1) a remittance address for a disbursement that is provided by an officer or employee of the Department of Defense authorizing or re- questing the disbursement is not altered by any officer or employee of the department au- thorized to prepare the disbursement; and (2) a remittance address for a disbursement is altered only if the alteration— (A) is requested by the person to whom the disbursement is authorized to be remitted; and (B) is made by an officer or employee au- thorized to do so who is not an officer or em- ployee referred to in paragraph (1). (Added Pub. L. 106–65, div. A, title IX, § 933(a)(1), Oct. 5, 1999, 113 Stat. 729.) Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 106–65, div. A, title IX, § 933(b)(2), Oct. 5, 1999, 113 Stat. 730, provided that: ‘‘Regulations under section 2785 of title 10, United States Code, as added by sub- section (a), shall be prescribed not later than 180 days after the date of the enactment of this Act [Oct. 5, 1999].’’ § 2786. Department of Defense payments by elec- tronic transfers of funds: exercise of author- ity for waivers With respect to any Federal payment of funds covered by section 3332(f) of title 31 (relating to electronic funds transfers) for which payment is made or authorized by the Department of De- fense, the waiver authority provided in para- graph (2)(A)(i) of that section shall be exercised by the Secretary of Defense. The Secretary of Defense shall carry out the authority provided under the preceding sentence in consultation with the Secretary of the Treasury. (Added Pub. L. 106–65, div. A, title X, § 1008(a)(1), Oct. 5, 1999, 113 Stat. 737.) Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 106–65, div. A, title X, § 1008(a)(3), Oct. 5, 1999, 113 Stat. 738, provided that: ‘‘Any waiver in effect on the date of the enactment of this Act [Oct. 5, 1999] under paragraph (2)(A)(i) of section 3332(f) of title 31, United States Code, shall remain in effect until other- wise provided by the Secretary of Defense under section 2786 of title 10, United States Code, as added by para- graph (1).’’ § 2787. Reports of survey (a) ACTION ON REPORTS OF SURVEY.—Under reg- ulations prescribed pursuant to subsection (c), any officer of the Army, Navy, Air Force, Ma- rine Corps, or Space Force or any civilian em- ployee of the Department of Defense designated in accordance with those regulations may act upon reports of surveys and vouchers pertaining to the loss, spoilage, unserviceability, unsuitability, or destruction of, or damage to, property of the United States under the control of the Department of Defense. (b) FINALITY OF ACTION.—(1) Action taken under subsection (a) is final except as provided in paragraph (2). (2) An action holding a person pecuniarily lia- ble for loss, spoilage, destruction, or damage is not final until approved by a person designated to do so by the Secretary of a military depart- ment, commander of a combatant command, or Director of a Defense Agency, as the case may be, who has jurisdiction of the person held pecu- niarily liable. The person designated to provide final approval shall be an officer of an armed force, or a civilian employee, under the jurisdic- tion of the official making the designation. (c) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 107–314, div. A, title X, § 1006(a)(1), Dec. 2, 2002, 116 Stat. 2632; amended Pub. L. 116–283, div. A, title IX, § 924(b)(3)(HH), Jan. 1, 2021, 134 Stat. 3822.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’.