10 U.S.C. § 2646 — Travel services: procurement for official and unofficial travel under one contract

(a) Authority.—The head of an agency may make a contract for travel-related services that requires the contractor to provide services for both official travel and unofficial travel.

(b) Credits, Discounts, Commissions, Fees.—

(1) A contract under this section may provide for credits, discounts, commissions, or other fees to accrue to the Department of Defense. The contract may determine whether these amounts accrue, and how much accrues, based on the volume of the contractor’s travel-related sales under the contract. Volume may be measured by the number or total amount of transactions, or in another way.

(2) When offers for a contract under this section are evaluated, the evaluation factors may include the estimated total value of any credits, discounts, commissions, or other fees that would accrue to the Department of Defense from the travel-related sales under the contract.

(3) The Department of Defense must distribute commissions or fees it receives from travel-related sales under a contract under this section as follows:

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

(B) For amounts related to unofficial-travel sales, the Department must deposit the amounts in nonappropriated fund accounts available for morale, welfare, and recreation programs.

(c) Definitions.—In this section:

(1) “Head of an agency” has the meaning given that term in 10 U.S.C. § 3004. This section does not define that term.

(2) “Official travel” means travel paid for by the Federal Government.

(3) “Unofficial travel” means personal travel or other travel that the Federal Government does not pay^* for or reimburse from 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. It also does not apply to the National Aeronautics and Space Administration.