Home > 105th Congressional Bills > H.R. 930 (rs) To require Federal employees to use Federal travel charge cards for all ...H.R. 930 (rs) To require Federal employees to use Federal travel charge cards for all ...
105th CONGRESS
1st Session
H. R. 930
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 1997
Received; read twice and referred to the Committee on Governmental
Affairs
_______________________________________________________________________
AN ACT
To require Federal employees to use Federal travel charge cards for all
payments of expenses of official Government travel, to amend title 31,
United States Code, to establish requirements for prepayment audits of
Federal agency transportation expenses, to authorize reimbursement of
Federal agency employees for taxes incurred on travel or transportation
reimbursements, and to authorize test
programs for the payment of Federal employee travel expenses
and relocation expenses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel and Transportation Reform Act
of 1997''.
SEC. 2. REQUIRING USE OF THE TRAVEL CHARGE CARD.
(a) In General.--Under regulations issued by the Administrator of
General Services after consultation with the Secretary of the Treasury,
the Administrator shall require that Federal employees use the travel
charge card established pursuant to the United States Travel and
Transportation Payment and Expense Control System, or any Federal
contractor-issued travel charge card, for all payments of expenses of
official Government travel. The Administrator shall exempt any payment,
person, type or class of payments, or type or class of personnel from
any requirement established under the preceding sentence in any case in
which--
(1) it is in the best interest of the United States to do
so;
(2) payment through a travel charge card is impractical or
imposes unreasonable burdens or costs on Federal employees or
Federal agencies; or
(3) the Secretary of Defense or the Secretary of
Transportation (with respect to the Coast Guard) requests an
exemption with respect to the members of the uniformed
services.
(b) Limitation on Restriction on Disclosure.--
(1) In general.--Section 1113 of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3413) is amended by adding at
the end the following new subsection:
``(q) Nothing in this title shall apply to the disclosure of any
financial record or information to a Government authority in
conjunction with a Federal contractor-issued travel charge card issued
for official Government travel.''.
(2) Effective date.--The amendment made by paragraph (1) is
effective as of October 1, 1983, and applies to any records
created pursuant to the United States Travel and Transportation
Payment and Expense Control System or any Federal contractor-
issued travel charge card issued for official Government
travel.
(c) Collection of Amounts Owed.--
(1) In general.--Under regulations issued by the
Administrator of General Services and upon written request of a
Federal contractor, the head of any Federal agency or a
disbursing official of the United States may, on behalf of the
contractor, collect by deduction from the amount of pay owed to
an employee of the agency any amount of funds the employee owes
to the contractor as a result of delinquencies not disputed by
the employee on a travel charge card issued for payment of
expenses incurred in connection with official Government
travel. The amount deducted from the pay owed to an employee
with respect to a pay period may not exceed 15 percent of the
disposable pay of the employee for that pay period, except that
a greater percentage may be deducted upon the written consent
of the employee.
(2) Due process protections.--Collection under this
subsection shall be carried out in accordance with procedures
substantially equivalent to the procedures required under
section 3716(a) of title 31, United States Code.
(3) Definitions.--For the purpose of this subsection:
(A) Agency.--The term ``agency'' has the meaning
that term has under section 101 of title 31, United
States Code.
(B) Employee.--The term ``employee'' means an
individual employed in or under an agency, including a
member of any of the uniformed services. For purposes
of this subsection, a member of one of the uniformed
services is an employee of that uniformed service.
(C) Member; uniformed service.--Each of the terms
``member'' and ``uniformed service'' has the meaning
that term has in section 101 of title 37, United States
Code.
(d) Regulations.--Within 270 days after the date of enactment of
this Act, the Administrator of General Services shall promulgate
regulations implementing this section, that--
(1) make the use of the travel charge card established
pursuant to the United States Travel and Transportation System
and Expense Control System, or any Federal contractor-issued
travel charge card, mandatory for all payments of expenses of
official Government travel pursuant to this section;
(2) specify the procedures for effecting under subsection
(c) a deduction from pay owed to an employee, and ensure that
the due process protections provided to employees under such
procedures are no less than the protections provided to
employees pursuant to section 3716 of title 31, United States
Code;
(3) provide that any deduction under subsection (c) from
pay owed to an employee may occur only after reimbursement of
the employee for the expenses of Government travel with respect
to which the deduction is made; and
(4) require agencies to promptly reimburse employees for
expenses charged on a travel charge card pursuant to this
section, and by no later than 30 days after the submission of a
claim for reimbursement.
(e) Reports.--
(1) In general.--The Administrator of General Services
shall submit 2 reports to the Congress on agency compliance
with this section and regulations that have been issued under
this section.
(2) Timing.--The first report under this subsection shall
be submitted before the end of the 180-day period beginning on
the date of enactment of this Act, and the second report shall
be submitted after that period and before the end of the 540-
day period beginning on that date of enactment.
(3) Preparation.--Each report shall be based on a sampling
survey of agencies that expended more than $5,000,000 during
the previous fiscal year on travel and transportation payments,
including payments for employee relocation. The head of an
agency shall provide to the Administrator the necessary
information in a format prescribed by the Administrator and
approved by the Director of the Office of Management and
Budget.
SEC. 3. PREPAYMENT AUDITS OF TRANSPORTATION EXPENSES.
(a) In General.--(1) Section 3322 of title 31, United States Code,
is amended in subsection (c) by inserting after ``classifications'' the
following: ``if the Administrator of General Services has determined
that verification by a prepayment audit conducted pursuant to section
3726(a) of this title for a particular mode or modes of transportation,
or for an agency or subagency, will not adequately protect the
interests of the Government''.
(2) Section 3528 of title 31, United States Code, is amended--
(A) in subsection (a) by striking ``and'' after the
semicolon at the end of paragraph (3), by striking the period
at the end of subsection (a)(4)(C) and inserting ``; and'', and
by adding at the end the following new paragraph:
``(5) verifying transportation rates, freight
classifications, and other information provided on a Government
bill of lading or transportation request, unless the
Administrator of General Services has determined that
verification by a prepayment audit conducted pursuant to
section 3726(a) of this title for a particular mode or modes of
transportation, or for an agency or subagency, will not
adequately protect the interests of the Government.'';
(B) in subsection (c)(1), by inserting after ``deductions''
the following: ``and the Administrator of General Services has
determined that verification by a prepayment audit conducted
pursuant to section 3726(a) of this title for a particular mode
or modes of transportation, or for an agency or subagency, will
not adequately protect the interests of the Government''; and
(C) in subsection (c)(2), by inserting after ``agreement''
the following: ``and the Administrator of General Services has
determined that verification by a prepayment audit conducted
pursuant to section 3726(a) of this title for a particular mode
or modes of transportation, or for an agency or subagency, will
not adequately protect the interests of the Government''.
(3) Section 3726 of title 31, United States Code, is amended--
(A) by amending subsection (a) to read as follows:
``(a)(1) Each agency that receives a bill from a carrier or freight
forwarder for transporting an individual or property for the United
States Government shall verify its correctness (to include
transportation rates, freight classifications, or proper combinations
thereof), using prepayment audit, prior to payment in accordance with
the requirements of this section and regulations prescribed by the
Administrator of General Services.
``(2) The Administrator of General Services may exempt bills, a
particular mode or modes of transportation, or an agency or subagency
from a prepayment audit and verification and in lieu thereof require a
postpayment audit, based on cost effectiveness, public interest, or
other factors the Administrator considers appropriate.
``(3) Expenses for prepayment audits shall be funded by the
agency's appropriations used for the transportation services.
``(4) The audit authority provided to agencies by this section is
subject to oversight by the Administrator.'';
(B) by redesignating subsections (b), (c), (d), (e), (f),
and (g) in order as subsections (d), (e), (f), (g), (h), and
(i), respectively;
(C) by inserting after subsection (a) the following new
subsections:
``(b) The Administrator may conduct pre- or postpayment audits of
transportation bills of any Federal agency. The number and types of
bills audited shall be based on the Administrator's judgment.
``(c)(1) The Administrator shall adjudicate transportation claims
which cannot be resolved by the agency procuring the transportation
services, or the carrier or freight-forwarder presenting the bill.
``(2) A claim under this section shall be allowed only if it is
received by the Administrator not later than 3 years (excluding time of
war) after the later of the following dates:
``(A) The date of accrual of the claim.
``(B) The date payment for the transportation is made.
``(C) The date a refund for an overpayment for the
transportation is made.
``(D) The date a deduction under subsection (d) of this
section is made.'';
(D) in subsection (f), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (e)'', and by
adding at the end the following new sentence: ``This reporting
requirement expires December 31, 1998.'';
(E) in subsection (i)(1), as so redesignated, by striking
``subsection (a)'' and inserting ``subsection (c)''; and
(F) by adding after subsection (i), as so redesignated, the
following new subsection:
``(j) The Administrator of General Services may provide
transportation audit and related technical assistance services, on a
reimbursable basis, to any other agency. Such reimbursements may be
credited to the appropriate revolving fund or appropriation from which
the expenses were incurred.''.
(b) Effective Date.--The amendments made by this section shall
become effective 18 months after the date of enactment of this Act.
SEC. 4. REIMBURSEMENT FOR TAXES ON MONEY RECEIVED FOR TRAVEL EXPENSES.
(a) In General.--Title 5, United States Code, is amended by
inserting after section 5706b the following new section:
``Sec. 5706c. Reimbursement for taxes incurred on money received for
travel expenses
``(a) Under regulations prescribed pursuant to section 5707 of this
title, the head of an agency or department, or his or her designee, may
use appropriations or other funds available to the agency for
administrative expenses, for the reimbursement of Federal, State, and
local income taxes incurred by an employee of the agency or by an
employee and such employee's spouse (if filing jointly), for any travel
or transportation reimbursement made to an employee for which
reimbursement or an allowance is provided.
``(b) Reimbursements under this section shall include an amount
equal to all income taxes for which the employee and spouse, as the
case may be, would be liable due to the reimbursement for the taxes
referred to in subsection (a). In addition, reimbursements under this
section shall include penalties and interest, for the tax years 1993
and 1994 only, as a result of agencies failing to withhold the
appropriate amounts for tax liabilities of employees affected by the
change in the deductibility of travel expenses made by Public Law 102-
486.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5706b the following new item:
``5706c. Reimbursement for taxes incurred on money received for travel
expenses.''.
(c) Effective Date.--This section shall be effective as of January
1, 1993.
SEC. 5. AUTHORITY FOR TEST PROGRAMS.
(a) Travel Expenses Test Programs.--Subchapter I of chapter 57 of
title 5, United States Code, is amended by adding at the end the
following new section:
``Sec. 5710. Authority for travel expenses test programs
``(a)(1) Notwithstanding any other provision of this subchapter,
under a test program which the Administrator of General Services
determines to be in the interest of the Government and approves, an
agency may pay through the proper disbursing official for a period not
to exceed 24 months any necessary travel expenses in lieu of any
payment otherwise authorized or required under this subchapter. An
agency shall include in any request to the Administrator for approval
of such a test program an analysis of the expected costs and benefits
and a set of criteria for evaluating the effectiveness of the program.
``(2) Any test program conducted under this section shall be
designed to enhance cost savings or other efficiencies that accrue to
the Government.
``(3) Nothing in this section is intended to limit the authority of
any agency to conduct test programs.
``(b) The Administrator shall transmit a copy of any test program
approved by the Administrator under this section to the appropriate
committees of the Congress at least 30 days before the effective date
of the program.
``(c) An agency authorized to conduct a test program under
subsection (a) shall provide to the Administrator and the appropriate
committees of the Congress a report on the results of the program no
later than 3 months after completion of the program.
``(d) No more than 10 test programs under this section may be
conducted simultaneously.
``(e) The authority to conduct test programs under this section
shall expire 7 years after the date of enactment of the Travel and
Transportation Reform Act of 1997.''.
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