[House Report 114-766]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-766
======================================================================
MODERNIZING GOVERNMENT TRAVEL ACT
_______
September 20, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 5625]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 5625) to provide for reimbursement
for the use of modern travel services by Federal employees
traveling on official Government business, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 5
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Advisory Committee Act................................... 5
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 6
Committee Estimate............................................... 6
Budget Authority and Congressional Budget Office Cost Estimate... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Government Travel Act''.
SEC. 2. FEDERAL EMPLOYEE REIMBURSEMENT FOR USE OF MODERN TRAVEL
SERVICES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of General Services shall prescribe
regulations under section 5707 of title 5, United States Code, to
provide for the reimbursement for the use of a transportation network
company or innovative mobility technology company by any Federal
employee traveling on official business under subchapter I of chapter
57 of such title, except that the Director of the Administrative Office
of the United States Courts shall prescribe such regulations with
respect to employees of the judicial branch of the Government.
(b) Definitions.--In this section:
(1) Innovative mobility technology company.--The term
``innovative mobility technology company'' means an
organization, including a corporation, limited liability
company, partnership, sole proprietorship, or any other entity,
that applies technology to expand and enhance available
transportation choices, better manage demand for transportation
services, and provide alternatives to driving alone.
(2) Transportation network company.--The term
``transportation network company'' means a corporation,
partnership, sole proprietorship, or other entity, that uses a
digital network to connect riders to drivers affiliated with
the entity in order for a driver to provide transportation
services to a rider.
SEC. 3. REPORT ON TRANSPORTATION COSTS.
Section 5707(c) of title 5, United States Code, is amended to read as
follows:
``(c)(1) Not later than November 31 of each year, the head of each
agency shall submit to the Administrator of the General Services, in a
format prescribed by the Administrator and approved by the Director the
Office of Management and Budget--
``(A) data on total agency payments for such items as travel
and transportation of people, average costs and durations of
trips, and purposes of official travel;
``(B) data on estimated total agency payments for employee
relocation; and
``(C) an analysis of the total costs of transportation
service by type, and the total number of trips utilizing each
transportation type for purposes of official travel.
``(2) The Administrator of the General Services shall make the data
submitted pursuant to paragraph (1) publically available upon receipt.
``(3) Not later than January 31 of each year, the Administrator of
the General Services shall submit to the Director of the Office of
Management and Budget, the Committee on Oversight and Government Reform
of the House of Representatives, and the Committee on Homeland Security
and Government Affairs of the Senate--
``(A) an analysis of the data submitted pursuant to paragraph
(1) for the agencies listed in section 901(b) of title 31 and a
survey of such data for each other agency; and
``(B) a description of any new regulations promulgated or
changes to existing regulations authorized under this
section.''.
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 5625, the Modernizing Government Travel Act, as
amended, will expand transportation options for federal
employees on official travel. The legislation will require the
General Services Administration (GSA) to promulgate regulations
necessary to provide for reimbursement of official travel using
transportation network companies (TNCs) or Innovative Mobility
Technology Company (IMTC). The bill also requires GSA to
produce an annual report on the utilization of TNCs and IMTCs
by employees for official travel.
BACKGROUND AND NEED FOR LEGISLATION
In recent years, with the evolution of technology and the
transportation industry, a wide range of new transportation
options now exist that could save the federal government time
and expense. Adoption of regulations and reforms granting
federal employees the ability to utilize many of these
innovative and cost-saving travel methods has not kept pace
with transportation service innovation. H.R. 5625, the
Modernizing Government Travel Act would address this problem
and open up new options for travel by federal employees while
on official business.\1\
---------------------------------------------------------------------------
\1\300 C.F.R. 300-3.1 (defining official travel as travel under
official authorization from an employee's official station or other
authorized point of departure to a temporary duty location and return
from a temporary duty location, between two temporary duty locations,
or relocation at the direction of a Federal agency).
---------------------------------------------------------------------------
H.R. 5625, the Modernizing Government Travel Act, will also
resolve confusion over what a TNC or IMTC is for purposes of
reimbursement in the absence of federal definitions for each.
The bill defines both terms, providing clarity to agencies and
the GSA when promulgating necessary regulations and guidelines.
The bill also contains definitions that are designed to easily
incorporate new forms of technology that are not yet known or
available. In doing so, H.R. 5625 will help ensure that the
federal government is positioned to rapidly access the benefits
that future services provide as they are developed. These
benefits include additional reimbursement options for federal
employees for official travel, and the opportunity to realize
cost savings. The bill will also encourage innovation through
competition for the business of federal employees on official
travel.
In addition to providing increased options, the reporting
requirements in H.R. 5625 will make more transparent agencies
utilization of transportation services. Currently, all agencies
are not required to provide their official travel expenditures
to GSA. H.R. 5625 will remedy this deficiency in data reporting
by requiring agencies to provide a detailed breakdown of the
official travel costs of the agency. This breakdown will help
GSA and Congress understand the true costs associated with
official travel. The reports required in the bill will also
help determine what the most efficient and cost effective
methods of transportation are for federal employees seeking
reimbursement for official travel. Importantly, H.R. 5625 will
also require the release of agency data for public review. By
releasing data for public review, it will help provide
accountability for how such resources are used.
LEGISLATIVE HISTORY
H.R. 5625 was introduced by Representative Seth Moulton (D-
MA) on July 5, 2016 and referred to the Committee on Oversight
and Government Reform. On September 15, 2016, the Committee on
Oversight and Government Reform ordered H.R. 5625 favorably
reported, with an amendment, by unanimous consent.
Section-by-Section
Section 1. Short title
Designates the short title of the bill as the ``Modernizing
Government Travel Act''.
Section 2. Federal employee reimbursement for use of modern travel
services
Allows federal employees on official travel to be
reimbursed for the use of the services of transportation
network companies or innovative mobility technology companies.
Defines ``innovative mobility technology company'' as an
organization, including a corporation, limited liability
company, partnership, sole proprietorship, or any other entity,
that applies technology to expand and enhance available
transportation choices, better manage demand for transportation
services, and provide alternatives to driving alone.
Defines ``transportation network company'' as a
corporation, partnership, sole proprietorship, or other entity,
that uses a digital network to connect riders to drivers
affiliated with the entity in order for a driver to provide
transportation services to a rider.
Section 3. Report on transportation costs
Revises agency reporting requirements to include analyses
of total costs of transportation service by type and the total
number of trips utilizing each transportation type for the
purposes of official travel.
Requires all such data submitted to the General Services
Administration to be publicly available.
Instructs the GSA to report to Congress on the official
travel data submitted to GSA and on any new regulations
promulgated in accordance to official travel.
Explanation of Amendments
During Full Committee consideration of the bill,
Representative Will Hurd (R-TX) introduced an amendment in the
nature of substitute. The amendment made changes to the
definitions of an ``Innovative Mobility Technology Company''
and ``Transportation Network Company''. The definitions were
changed to provide a clearer understanding of the types of
entities eligible for reimbursement. The amendment also
harmonized the definition of TNC with the definition used in
the Fiscal Year 2017 National Defense Authorization Act (S.
2943) as approved by the Senate. Representative Hurd's
amendment also altered the reporting requirements for agencies
and GSA. The amendment requires all agencies to submit to GSA
data on the total payments for travel and transportation of
people, average costs and durations of trips, payments for
employee relocation, and an analysis of total cost of
transportation service by trip and total number of trips. This
data is required to be provided by November 31 of each calendar
year. Once provided, GSA is required to create a report
analyzing the data of all agencies listed in section 901(b) of
title 31, and a survey of all other agencies. The data received
is also to be made publically available upon receipt by GSA.
The Hurd amendment in the nature of a substitute was adopted by
unanimous consent.
Committee Consideration
On September 15, 2016, the Committee, having quorum
present, favorably reported H.R. 5625 as amended, by unanimous
consent.
Roll Call Votes
No roll call votes were requested or conducted during Full
Committee consideration of H.R. 5625.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill provides for reimbursement for the use of modern
travel services by Federal employees traveling on official
Government business. As such this bill does not relate to
employment or access to public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of the bill is to provide for reimbursement
for the use of modern travel services by Federal employees
traveling on official Government business.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does direct
the completion of specific rule makings within the meaning of 5
U.S.C. 551. H.R. 5625 requires that GSA promulgate regulations
under 5 U.S.C. 5707, to provide for the reimbursement of
federal employees use of transportation network companies or
innovative mobility technology companies while on official
business as defined in subchapter 1, chapter 57, of title 5 of
the United States Code. H.R. 5625 requires that the
Administrative Officer of the United States Courts prescribe
regulations for the judicial branch.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
At the time of this writing, the Committee had yet to
receive a formal cost estimate from the Congressional Budget
Office for H.R. 5625. The Committee notes that the bill
contains a provision that slightly expands an existing report
from every other year to one that is required every year. This
may result in nominal administrative costs.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has not
received a cost estimate for this bill from the Director of
Congressional Budget Office, and instead has included a
committee estimate in the section prior to this one.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
* * * * * * *
SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
* * * * * * *
Sec. 5707. Regulations and reports
(a)(1) The Administrator of General Services shall prescribe
regulations necessary for the administration of this
subchapter, except that the Director of the Administrative
Office of the United States Courts shall prescribe such
regulations with respect to official travel by employees of the
judicial branch of the Government.
(2) Regulations promulgated to implement section 5702 or
5706a of this title shall be transmitted to the appropriate
committees of the Congress and shall not take effect until 30
days after such transmittal.
(b) The Administrator of General Services shall prescribe the
mileage reimbursement rates for use on official business of
privately owned airplanes, privately owned automobiles, and
privately owned motorcycles while engaged on official business
as provided for in section 5704 of this title as follows:
(1)(A) The Administrator of General Services shall
conduct periodic investigations of the cost of travel
and the operation of privately owned airplanes and
privately owned motorcycles by employees while engaged
on official business, and shall report the results of
such investigations to Congress at least once a year.
(B) In conducting the periodic investigations, the
Administrator shall review and analyze among other
factors--
(i) depreciation of original vehicle cost;
(ii) gasoline and oil (excluding taxes);
(iii) maintenance, accessories, parts, and
tires;
(iv) insurance; and
(v) State and Federal taxes.
(2)(A) The Administrator shall issue regulations
under this section which--
(i) shall provide that the mileage
reimbursement rate for privately owned
automobiles, as provided in section 5704(a)(1),
is the single standard mileage rate established
by the Internal Revenue Service referred to in
that section, and
(ii) shall prescribe mileage reimbursement
rates which reflect the current costs as
determined by the Administrator of operating
privately owned airplanes and motorcycles.
(B) At least once each year after the issuance of the
regulations described in subparagraph (A) of this
paragraph, the Administrator shall determine, based
upon the results of the cost investigation, specific
figures, each rounded to the nearest half cent, of the
average, actual cost per mile during the period for the
use of a privately owned airplane, automobile, and
motorcycle.
(C) The Administrator shall report the specific
figures to Congress not later than five working days
after the Administrator makes the cost determination.
Each such report shall be printed in the Federal
Register.
(D) The mileage reimbursement rates contained in the
regulations prescribed under this section shall be
adjusted within thirty days following the submission of
the report under subparagraph (C) of this paragraph.
[(c) The Administrator of General Services shall
periodically, but at least every 2 years, submit to the
Director of the Office of Management and Budget an analysis of
estimated total agency payments for such items as travel and
transportation of people, average costs and duration of trips,
and purposes of official travel; and of estimated total agency
payments for employee relocation. This analysis shall be based
on a sampling survey of agencies each of which spent more than
$5,000,000 during the previous fiscal year on travel and
transportation payments, including payments for employee
relocation. Agencies shall provide to the Administrator the
necessary information in a format prescribed by the
Administrator and approved by the Director.]
(c)(1) Not later than November 31 of each year, the head of
each agency shall submit to the Administrator of the General
Services, in a format prescribed by the Administrator and
approved by the Director the Office of Management and Budget--
(A) data on total agency payments for such items as
travel and transportation of people, average costs and
durations of trips, and purposes of official travel;
(B) data on estimated total agency payments for
employee relocation; and
(C) an analysis of the total costs of transportation
service by type, and the total number of trips
utilizing each transportation type for purposes of
official travel.
(2) The Administrator of the General Services shall make the
data submitted pursuant to paragraph (1) publically available
upon receipt.
(3) Not later than January 31 of each year, the Administrator
of the General Services shall submit to the Director of the
Office of Management and Budget, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Government Affairs of the
Senate--
(A) an analysis of the data submitted pursuant to
paragraph (1) for the agencies listed in section 901(b)
of title 31 and a survey of such data for each other
agency; and
(B) a description of any new regulations promulgated
or changes to existing regulations authorized under
this section.
* * * * * * *
[all]