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Title 10 — Armed Forces

Part IV · Chapter 165 — Accountability and Responsibility

§ 2784a. Management of travel cards

Statutory text

(a)

Disbursement of Travel Allowances Directly to Creditors.—

(1)

The Secretary of Defense shall require that any part of a travel or transportation allowance of an employee of the Department of Defense or a member of the armed forces be disbursed directly to the issuer of a Defense travel card if the amount is disbursed 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 requirement for a direct payment to a travel card issuer under paragraph (1) in any case the Secretary determines appropriate.

(3)

For the purposes of this subsection, the travel and transportation allowances referred to in paragraph (1) are amounts to which an employee 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 require that there be deducted and withheld from any basic pay payable to an employee of the Department 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 member—

(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 delinquency.

(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 Secretary 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 creditworthiness of an employee of the Department of Defense or a member of armed forces before issuing a Defense travel card to such an employee 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 creditworthy as a result of the evaluation required under paragraph (1).

(e)

Regulations on Disciplinary Action.—

(1)

The Secretary of Defense shall prescribe regulations for making determinations regarding the taking of disciplinary action, including assessment of penalties, against Department of Defense personnel for improper, fraudulent, or abusive use of Defense travel cards by such personnel.

(2)

The regulations prescribed under paragraph (1) shall—

(A)

provide for appropriate adverse personnel actions or other punishment to be imposed in cases in which employees of the Department of Defense violate such regulations or are negligent or engage in misuse, abuse, or fraud with respect to a Defense travel card, including removal in appropriate cases; and

(B)

provide that a violation of such regulations 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 Military 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 Department 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 incurred by the employee or member in connection 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 retired pay, as the case may be, payable for the pay period over the total of the amounts deducted 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 benefit 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 retainer pay to which the member is entitled.

(g)

Exclusion of Coast Guard.—

This section does not apply to the Coast Guard.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 107–314 div. A title X § 1008(a) · 116 Stat. 2458

    Enacted · 10 U.S.C. § 2784a

    Added Pub. L. 107–314, div. A, title X, § 1008(a), Dec. 2, 2002, 116 Stat. 2634

    Source evidence

    Code source credit
    Added Pub. L. 107–314, div. A, title X, § 1008(a), Dec. 2, 2002, 116 Stat. 2634

    Enacted provision · exact public law section
    (a) Travel Card Management Improvements.— Chapter 165 of title 10, United States Code, is amended by inserting after section 2784 the following new section: “§ 2784a. Management of travel cards “(a) Disbursement of Travel Allowances Directly to Creditors.— (1) The Secretary of Defense may require that any part of a travel or transportation allowance of an employee of the Department of Defense or a member of the armed forces be disbursed directly to the issuer of a Defense travel card if the amount is disbursed 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) For the purposes of this subsection, the travel and transportation allowances referred to in paragraph (1) are amounts to which an employee of the Department of Defense is entitled under section 5702 of title 5 or a member of the armed forces is entitled under section 404 of title 37. “(b) Offsets for Delinquent Travel Card Charges.— (1) The Secretary of Defense may require that there be deducted and withheld from any basic pay payable to an employee of the Department 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 member— “(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 delinquency. “(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 Secretary deducts and withholds amounts from basic pay payable to an employee or member under subsection (b). “(d) 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 Department 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 incurred by the employee or member in connection 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 retired pay, as the case may be, payable for the pay period over the total of the amounts deducted 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 benefit 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 retainer pay to which the member is entitled. “(e) Exclusion of Coast Guard.— This section does not apply to the Coast Guard.”.

  2. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1009(a)(1) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 2784a(a)(1)

    Pub. L. 108–136, § 1009(a)(1), substituted “The Secretary of Defense shall require” for “The Secretary of Defense may require”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–136, § 1009(a)(1), substituted “The Secretary of Defense shall require” for “The Secretary of Defense may require”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “The Secretary of Defense may require” and inserting “The Secretary of Defense shall require”;

  3. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1009(a)(2) · 117 Stat. 1392

    1. Added · 10 U.S.C. § 2784a(a)(2); 10 U.S.C. § 2784a(a)(3)

      Pub. L. 108–136, § 1009(a)(2), (3), added par. (2)

    2. Redesignated · 10 U.S.C. § 2784a(a)(2); 10 U.S.C. § 2784a(a)(3)

      Pub. L. 108–136, § 1009(a)(2), (3), redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (a)(2), (3). Pub. L. 108–136, § 1009(a)(2), (3), added par. (2) and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (2) as paragraph (3); and

  4. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1009(b) · 117 Stat. 1392

    1. Added · 10 U.S.C. § 2784a(d)(g)

      Pub. L. 108–136, § 1009(b), (c)(1), added subsecs. (d) and (e)

    2. Redesignated · 10 U.S.C. § 2784a(d)(g)

      Pub. L. 108–136, § 1009(b), (c)(1), redesignated former subsecs. (d) and (e) as (f) and (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (g). Pub. L. 108–136, § 1009(b), (c)(1), added subsecs. (d) and (e) and redesignated former subsecs. (d) and (e) as (f) and (g), respectively.

    Enacted provision · exact public law section
    (b) Determinations of Creditworthiness for Issuance of Defense Travel Card.— Section 2784a of title 10, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (2) by inserting after subsection (c) the following new subsection (d): “(d) Determinations of Creditworthiness for Issuance of Defense Travel Card.— (1) The Secretary of Defense shall evaluate the creditworthiness of an employee of the Department of Defense or a member of armed forces before issuing a Defense travel card to such an employee 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 creditworthy as a result of the evaluation required under paragraph (1).” .

  5. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(a)(25) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 2784a(a)(2)

    Pub. L. 109–364 substituted “card” for “care”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–364 substituted “card” for “care”.

    Enacted provision · exact public law section
    (25) Section 2784a(a)(2) is amended by striking “care” and inserting “card”.

  6. National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 631(f)(4)(A) · 125 Stat. 1298

    1. Amended · 10 U.S.C. § 2784a(a)(3)

      Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9)

    2. Substituted · 10 U.S.C. § 2784a(a)(3)

      Pub. L. 112–81, § 631(f)(4)(A), as substituted “474” for “404”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) Any section of title 10, 32, or 37, United States Code, that includes a reference to a section of title 37 that is transferred and redesignated by subsection (c) is amended so as to conform the reference to the section number of the section as so redesignated.

    Effective date note
    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.

  7. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(a)(9) · 126 Stat. 1632

    Changed · 10 U.S.C. § 2784a(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (9) Section 631(f)(4) (125 Stat. 1465) is 2 USC 906; 5 USC 4109, 5760; 10 USC 701 note prec., 1071 note, 1174a, 1175, 1175a, 1491, 1591 note; 14 USC 512; 32 USC 115; 36 USC 2101; 37 USC 403, 420, 422. 10 USC 2366a. amended by striking “subsection (c)” both places it appears and inserting “subsection (d)”.

    Effective date note
    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.

  8. National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title VI § 603(e) · 135 Stat. 1541

    Substituted · 10 U.S.C. § 2784a(a)(3)

    Pub. L. 117–81 substituted “section 452” for “section 474”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–81 substituted “section 452” for “section 474”.

    Enacted provision · exact public law section
    (e) Technical Correction.— Section 2784a(a)(3) of title 10, United States Code, is amended by striking “section 474” and inserting “section 452”.

11 of 11 references resolved to an enrolled provision

Editorial Notes

Amendments2003–2021 · 5 rounds

2021

Subsec. (a)(3). Pub. L. 117–81 substituted “section 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), substituted “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 subsecs. (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), , 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective , and as if included 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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

2002–2021 · 6 acts
  1. 2002Added Pub. L. 107–314, div. A, title X, § 1008(a), , 116 Stat. 2634
  2. 2003amended Pub. L. 108–136, div. A, title X, § 1009(a)–(c)(1), , 117 Stat. 1587, 1588
  3. 2006Pub. L. 109–364, div. A, title X, § 1071(a)(25), , 120 Stat. 2399
  4. 2011Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), , 125 Stat. 1465
  5. 2013Pub. L. 112–239, div. A, title X, § 1076(a)(9), , 126 Stat. 1948
  6. 2021Pub. L. 117–81, div. A, title VI, § 603(e), , 135 Stat. 1767.
Show as published

(Added Pub. L. 107–314, div. A, title X, § 1008(a), , 116 Stat. 2634; amended Pub. L. 108–136, div. A, title X, § 1009(a)–(c)(1), , 117 Stat. 1587, 1588; Pub. L. 109–364, div. A, title X, § 1071(a)(25), , 120 Stat. 2399; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), , 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), , 126 Stat. 1948; Pub. L. 117–81, div. A, title VI, § 603(e), , 135 Stat. 1767.)

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