[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 930 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 930

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1997

  Mr. Horn (for himself, Mrs. Maloney of New York, Mr. Mica, and Mr. 
   Portman) introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
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. AUTHORITY TO REQUIRE USE OF THE TRAVEL CHARGE CARD.

    (a) In General.--Under regulations issued by the Administrator of 
General Services, the Administrator may 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, 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 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 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 
        net 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) Delayed Implementation.--The Administrator may delay 
implementation of subsections (a) and (c) by up to 5 years if the 
Administrator determines that it is in the best interests of the United 
States to do so.

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 Federal entity or to any other 
activity. 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) 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 
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.
    ``(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.''.
    (b) Relocation Expenses Test Programs.--Subchapter II of chapter 57 
of title 5, United States Code, is further amended by adding at the end 
the following new section:
``Sec. 5737. Authority for relocation expenses test programs
    ``(a) 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 
for a period not to exceed 24 months any necessary relocation 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.
    ``(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.''.
    (c) Clerical Amendments.--The table of sections for chapter 57 of 
title 5, United States Code, is further amended by--
            (1) inserting after the item relating to section 5709 the 
        following new item:

``5710. Authority for travel expenses test programs.'';
        and
            (2) inserting after the item relating to section 5737 the 
        following new item:

``5737. Authority for relocation expenses test programs.''.
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