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119th Congress

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119th Congress

Title 31 — Money and Finance

Chapter 37 — Claims

§ 3726. Payment for transportation

Statutory text

(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)

The Administrator may conduct pre- or post-payment 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)

Not later than 3 years (excluding time of war) after the time a bill is paid, the Government may deduct from an amount subsequently due a carrier or freight forwarder an amount paid on the bill that was greater than the rate allowed under—

(1)

a lawful tariff under title 49 or on file with the Secretary of Transportation with respect to foreign air transportation (as defined in section 40102(a) of title 49), the Federal Maritime Commission, or a State transportation authority;

(2)

a lawfully quoted rate subject to the jurisdiction of the Surface Transportation Board; or

(3)

sections 10721, 13712, and 15504 of title 49 or an equivalent arrangement or an exemption.

(e)

Expenses of transportation audit postpayment contracts and contract administration, and the expenses of all other transportation audit and audit-related functions conferred upon the Administrator of General Services, shall be financed from overpayments collected from carriers on transportation bills paid by the Government and other similar type refunds, not to exceed collections. Payment to any contractor for audit services shall not exceed 50 percent of the overpayment identified by contract audit.

(f)

At least annually, and as determined by the Administrator, after making adequate provision for expense of refunds to carriers, transportation audit postpayment contracts, contract administration, and other expenses authorized in subsection (e), overpayments collected by the General Services Administration shall be transferred to miscellaneous receipts of the Treasury. A report of receipts, disbursements, and transfers (to miscellaneous receipts) pursuant to this section shall be made annually in connection with the budget estimates to the Director of the Office of Management and Budget and to the Congress. This reporting requirement expires .

(g)

The Administrator may delegate any authority conferred by this section to another agency or agencies if the Administrator determines that such a delegation would be cost-effective or otherwise in the public interest.

(h)

Under regulations the head of an agency prescribes that conform with standards the Secretary of the Treasury prescribes, a bill under this section may be paid before the transportation is completed notwithstanding section 3324 of this title when a carrier or freight forwarder issues the usual document for the transportation. Payment for transportation ordered but not provided may be recovered by deduction or other means.

(i)
(1)

A carrier or freight forwarder may request the Administrator of General Services to review the action of the Administrator if the request is received not later than 6 months (excluding time of war) after the Administrator acts or within the time stated in subsection (c) of this section, whichever is later.

(2)

This section does not prevent the Comptroller General from conducting an audit under chapter 35 of this title.

(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.

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. 97–258 · 96 Stat. 976

    Enacted · 31 U.S.C. § 3726

    Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 976

    Source evidence

    Code source credit
    Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 976

  2. Pub. L. 98–443 § 9(f) · 98 Stat. 1703

    Substituted · 31 U.S.C. § 3726(b)(1)

    Pub. L. 98–443 substituted “Secretary of Transportation with respect to foreign air transportation (as defined in the Federal Aviation Act of 1958)” for “Civil Aeronautics Board”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 98–443 substituted “Secretary of Transportation with respect to foreign air transportation (as defined in the Federal Aviation Act of 1958)” for “Civil Aeronautics Board”.

    Enacted provision · exact public law section
    (f) Section 3726(b)(1) of title 31, United States Code, is amended by striking out “Civil Aeronautics Board” and inserting in lieu thereof “Secretary of Transportation with respect to foreign air transportation (as defined in the Federal Aviation Act of 1958)”. 49 USC app. 1301 note.

  3. Pub. L. 99–627 § 1(1) · 100 Stat. 3508

    1. Amended · 31 U.S.C. § 3726(a)

      Pub. L. 99–627, § 1(1), amended first sentence generally

    2. Substituted · 31 U.S.C. § 3726(a)

      Pub. L. 99–627, § 1(1), substituting “may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe” for “shall be paid before the Administrator of General Services conducts an audit”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–627, § 1(1), amended first sentence generally, substituting “may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe” for “shall be paid before the Administrator of General Services conducts an audit”.

    Enacted provision · exact public law section
    (1) Regulations. in subsection (a) by striking out the first sentence and insert in lieu thereof the following: “A carrier or freight forwarder presenting a bill for transporting an individual or property for the United States Government may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe.”;

  4. Pub. L. 99–627 § 1(2) · 100 Stat. 3508

    1. Added · 31 U.S.C. § 3726(c)(g)

      Pub. L. 99–627, § 1(2), (3), added subsecs. (c) to (e)

    2. Redesignated · 31 U.S.C. § 3726(c)(g)

      Pub. L. 99–627, § 1(2), (3), redesignated former subsecs. (c) and (d) as (f) and (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (c) to (g). Pub. L. 99–627, § 1(2), (3), added subsecs. (c) to (e) and redesignated former subsecs. (c) and (d) as (f) and (g), respectively.

    Enacted provision · exact public law section
    (1) Regulations. in subsection (a) by striking out the first sentence and insert in lieu thereof the following: “A carrier or freight forwarder presenting a bill for transporting an individual or property for the United States Government may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe.”;

  5. Pub. L. 103–123 title VI § 620A · 107 Stat. 1226

    Amended · 31 U.S.C. § 3726(c); 31 U.S.C. § 3726(d)

    Pub. L. 103–123 amended subsecs. (c) and (d) generally. Prior to amendment, subsecs. (c) and (d) read as follows:

    Source evidence

    Code amendment note
    Subsecs. (c) and (d). Pub. L. 103–123 amended subsecs. (c) and (d) generally. Prior to amendment, subsecs. (c) and (d) read as follows:

    “(c) Expenses of transportation audit contracts and contract administration shall be financed from overpayments collected from carriers on transportation bills paid by the Government and other similar type refunds at not to exceed 40 percent of such collections annually. Payment to any contractor shall not exceed 50 percent of the overpayments identified by any contract audit. “(d) At least annually, and as determined by the Administrator, after making adequate provision for expenses of refunds to carriers, transportation audit contracts, and contract administration authorized in subsection (c), the balance of the overpayments collected by the General Services Administration shall be transferred to miscellaneous receipt of the Treasury. A report of receipts, disbursements, and transfers (to miscellaneous receipts) pursuant to this section shall be made annually in connection with the budget estimates to the Director of the Office of Management and Budget and to the Congress.”

  6. Pub. L. 103–272 § 5(i)(2) · 108 Stat. 745

    Substituted · 31 U.S.C. § 3726(b)(1)

    Pub. L. 103–272, § 5(i)(2), substituted “section 40102(a) of title 49” for “the Federal Aviation Act of 1958”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–272, § 5(i)(2), substituted “section 40102(a) of title 49” for “the Federal Aviation Act of 1958”.

    Enacted provision · exact public law section
    (2) In section 3726(b)(1), strike “the Federal Aviation Act of 1958” and substitute “section 40102(a) of title 49”.

  7. Pub. L. 103–272 § 4(f)(1)(N) · 108 Stat. 745

    Repealed · 31 U.S.C. § 3726(d)

    Pub. L. 103–272, § 4(f)(1)(N), which directed the substitution of “miscellaneous receipts” for “miscellaneous receipt”, was repealed by Pub. L. 103–429

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–272, § 4(f)(1)(N), which directed the substitution of “miscellaneous receipts” for “miscellaneous receipt”, was repealed by Pub. L. 103–429.

    Enacted provision · exact public law section
    (N) In section 3726(d), strike “miscellaneous receipt” and substitute “miscellaneous receipts”.

  8. ICC Termination Act of 1995

    Pub. L. 104–88 § 306(1) · 109 Stat. 803

    1. Substituted · 31 U.S.C. § 3726(b)(1)

      Pub. L. 104–88, § 306(1), (2), substituted “under title 49 or on file with” for “on file with the Interstate Commerce Commission,”

    2. Struck · 31 U.S.C. § 3726(b)(1)

      Pub. L. 104–88, § 306(1), (2), struck out “or” after the semicolon at end

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 104–88, § 306(1), (2), substituted “under title 49 or on file with” for “on file with the Interstate Commerce Commission,” and struck out “or” after the semicolon at end.

    Enacted provision · exact public law section
    (1) in paragraph (1) by striking “on file with the Interstate Commerce Commission,” and inserting in lieu thereof “under title 49 or on file with”;

  9. ICC Termination Act of 1995

    Pub. L. 104–88 § 306(4) · 109 Stat. 803

    Redesignated · 31 U.S.C. § 3726(b)(2)

    Pub. L. 104–88, § 306(4), added par. (2). Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 104–88, § 306(4), added par. (2). Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (4) by inserting after paragraph (1) the following new paragraph: “(2) a lawfully quoted rate subject to the jurisdiction of the Surface Transportation Board; or”; and

  10. ICC Termination Act of 1995

    Pub. L. 104–88 § 306(3) · 109 Stat. 803

    1. Redesignated · 31 U.S.C. § 3726(b)(3)

      Pub. L. 104–88, § 306(3), (5), redesignated par. (2) as (3)

    2. Substituted · 31 U.S.C. § 3726(b)(3)

      Pub. L. 104–88, § 306(3), (5), substituted “sections 10721, 13712, and 15504” for “sections 10721–10724”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 104–88, § 306(3), (5), redesignated par. (2) as (3) and substituted “sections 10721, 13712, and 15504” for “sections 10721–10724”.

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

  11. General Accounting Office Act of 1996

    Pub. L. 104–316 § 202 · 110 Stat. 3826

    Substituted · 31 U.S.C. § 3726(f)

    Pub. L. 104–316, § 202(o)(1), substituted “Treasury prescribes” for “Treasury and the Comptroller General prescribe jointly”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–316, § 202(o)(1), substituted “Treasury prescribes” for “Treasury and the Comptroller General prescribe jointly”.

    Enacted provision · exact public law section
    SEC. 202. CONFORMING AMENDMENTS. (a) Claims for Proceeds From Sale of Household and Personal Effects.— Section 5564(h) of title 5, United States Code, is amended by striking “General Accounting Office” each place it appears and inserting “Administrator of General Services”. (b) Settlement of Accounts of Deceased Employees.— Section 5583 of title 5, United States Code, is amended— (1) in subsection (a) by striking “Comptroller General of the United States” and inserting “Director of the Office of Personnel Management”; and (2) in subsection (b) by striking the first sentence and inserting: “The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section.” (c) Remission of Liquidated Damages.— Section 2312 of title 10, United States Code, is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (d) Disposition of Unclaimed Property.— Section 2575(d) of title 10, United States Code, is amended by striking “Comptroller General of the United States” both places it appears and inserting “Secretary of Defense”. (e) Payment OF Claims.— Sections 2733(d) and 2734(d) of title 10, United States Code, are amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (f) Settlement of Accounts of Deceased Members.— Section 2771(c) of title 10, United States Code, is amended to read as follows: “(c) Payments under subsection (a) shall be made by the Secretary of Defense.”. (g) Disposition of Effects of Deceased Members.— Sections 4712 and 9712 of title 10, United States Code, are amended by striking subsection (g). (h) Settlement of International Claims.— Section 7 of the International Claims Settlement Act of 1949 (22 U. S. C. 1626) is amended— (1) in subsection (c)— (A) in paragraph (1) by striking “Comptroller General” and inserting “Secretary of the Treasury”; and (B) in paragraph (2) by striking “Comptroller General of the United States” and inserting “Secretary of the Treasury”; and (2) in subsection (d) by striking “, or the Comptroller General of the United States, as the case may be,”. (i) Estates of Decedents.— Section 1709 of the Revised Statutes (22 U. S. C. 4195) is amended— (1) by striking “General Accounting Office” each place it appears and inserting “Department of State”; (2) in the penultimate paragraph— (A) in the first sentence, by striking “Comptroller General of the United States, or such member of the General Accounting Office as he may duly empower to act as his representative for the purpose,” and inserting “Secretary of State or the Secretary’s representative”; and (B) by striking “Comptroller General” and inserting “Secretary of State”; and (3) in the last paragraph— (A) by striking “office” and inserting “department”; and (B) by striking “Comptroller General” and inserting “Secretary of State”. (j) Disposition of Effects of Deceased Armed Forces Retirement Home Residents.— Section 1520 of the Armed Forces Retirement Home Act of 1991 (24 U. S. C. 420) is amended— (1) in subsection (b)(1)(C)— (A) by striking “Comptroller General of the United States” in the second sentence and inserting “Secretary of Defense”; and (B) by striking “Comptroller General” in the third sentence and inserting “Secretary”; and (2) in subsection (d)— (A) by striking “Comptroller General of the United States” in paragraph (1) and inserting “Secretary of Defense”; and (B) by striking “Comptroller General” in paragraphs (2) and (3) and inserting “Secretary”. (k) Payment of Judgments and Compromise Settlements.— Section 2414 of title 28, United States Code, is amended in the first paragraph by striking “General Accounting Office” each place it appears and inserting “Secretary of the Treasury”. (l) Payment of Judgments.— Section 2517(a) of title 28, United States Code, is amended by striking “General Accounting Office” and inserting “Secretary of the Treasury”. (m) Judgment Fund Certifications.— Section 1304 of title 31, United States Code, is amended by striking “Comptroller General” each place it appears and inserting “Secretary of the Treasury”. (n) Claims Settlement.— (1) In general.— Section 3702 of title 31, United States Code, is amended— (A) in the heading by striking “of the Comptroller General”; (B) by amending subsection (a) to read as follows: “(a) Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows: “(1) The Secretary of Defense shall settle— “(A) claims involving uniformed service members’ pay, allowances, travel, transportation, retired pay, and survivor benefits; and “(B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense. “(2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees’ compensation and leave. “(3) The Administrator of General Services shall settle claims involving expenses incurred by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty station. “(4) The Director of the Office of Management and Budget shall settle claims not otherwise provided for by this subsection or another provision of law.”; (C) in subsection (b)(1), by amending that portion of the second sentence preceding subparagraph (A) to read “The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except—”; (D) in subsection (b)(2) by striking “presented to the Comptroller General” and inserting “received”, and by striking “clause” and inserting “paragraph”; (E) by amending subsection (b)(3) to read as follows: “(3) A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required.”; and (F) in subsection (d), by striking “Comptroller General” the first place it appears and inserting “official responsible under subsection (a) for settling the claim”; and by striking “Comptroller General” every other place it appears and inserting “official”. (2) Clerical amendment.— Chapter 37 of title 31, United States Code, is amended in the table of sections at the beginning of the chapter, by amending the item relating to section 3702 to read as follows: “3702. Authority to settle claims,”. (o) Transportation Claims.— Section 3726 of title 31, United States Code, is amended— (1) in subsection (f) by striking “and the Comptroller General prescribe jointly” and inserting “prescribes”; and (2) in subsection (g)(1) by striking “Comptroller General” and inserting “Administrator of General Services”. (p) Setoff Against Judgments.— Section 3728 of title 31, United States Code, is amended— (1) in subsection (a) by striking “Comptroller General” the first place it appears and inserting “Secretary of the Treasury”; and (2) by striking “Comptroller General” each place it appears thereafter and inserting “Secretary”. (q) Settlement of Accounts of Deceased Members.— Section 714(c) of title 32, United States Code, is amended— (1) in the first sentence, by striking “Comptroller General” and inserting “Secretary concerned”; and (2) by striking the second sentence. (r) Payment of Claims Relating to National Guard Activities.— Section 715(d) of title 32, United States Code, is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (s) Claims for Net Proceeds from Sales of Household and Personal Effects.— Section 554(h) of title 37, United States Code, is amended by striking “General Accounting Office” each place it appears and inserting “Secretary of Defense”. (t) Cancellation of Checks Mailed to Deceased Payees.— Section 5122 of title 38, United States Code, is amended by striking “upon settlement by the General Accounting Office”. (u) Waiver of Liquidated Damages.— Section 10(a) of the Act of September 5, 1950 (64 Stat. 591; 41 U. S. C. 256a), is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”.

  12. General Accounting Office Act of 1996

    Pub. L. 104–316 § 202 · 110 Stat. 3826

    Substituted · 31 U.S.C. § 3726(g)(1)

    Pub. L. 104–316, § 202(o)(2), substituted “Administrator of General Services” for “Comptroller General”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 104–316, § 202(o)(2), substituted “Administrator of General Services” for “Comptroller General”.

    Enacted provision · exact public law section
    SEC. 202. CONFORMING AMENDMENTS. (a) Claims for Proceeds From Sale of Household and Personal Effects.— Section 5564(h) of title 5, United States Code, is amended by striking “General Accounting Office” each place it appears and inserting “Administrator of General Services”. (b) Settlement of Accounts of Deceased Employees.— Section 5583 of title 5, United States Code, is amended— (1) in subsection (a) by striking “Comptroller General of the United States” and inserting “Director of the Office of Personnel Management”; and (2) in subsection (b) by striking the first sentence and inserting: “The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section.” (c) Remission of Liquidated Damages.— Section 2312 of title 10, United States Code, is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (d) Disposition of Unclaimed Property.— Section 2575(d) of title 10, United States Code, is amended by striking “Comptroller General of the United States” both places it appears and inserting “Secretary of Defense”. (e) Payment OF Claims.— Sections 2733(d) and 2734(d) of title 10, United States Code, are amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (f) Settlement of Accounts of Deceased Members.— Section 2771(c) of title 10, United States Code, is amended to read as follows: “(c) Payments under subsection (a) shall be made by the Secretary of Defense.”. (g) Disposition of Effects of Deceased Members.— Sections 4712 and 9712 of title 10, United States Code, are amended by striking subsection (g). (h) Settlement of International Claims.— Section 7 of the International Claims Settlement Act of 1949 (22 U. S. C. 1626) is amended— (1) in subsection (c)— (A) in paragraph (1) by striking “Comptroller General” and inserting “Secretary of the Treasury”; and (B) in paragraph (2) by striking “Comptroller General of the United States” and inserting “Secretary of the Treasury”; and (2) in subsection (d) by striking “, or the Comptroller General of the United States, as the case may be,”. (i) Estates of Decedents.— Section 1709 of the Revised Statutes (22 U. S. C. 4195) is amended— (1) by striking “General Accounting Office” each place it appears and inserting “Department of State”; (2) in the penultimate paragraph— (A) in the first sentence, by striking “Comptroller General of the United States, or such member of the General Accounting Office as he may duly empower to act as his representative for the purpose,” and inserting “Secretary of State or the Secretary’s representative”; and (B) by striking “Comptroller General” and inserting “Secretary of State”; and (3) in the last paragraph— (A) by striking “office” and inserting “department”; and (B) by striking “Comptroller General” and inserting “Secretary of State”. (j) Disposition of Effects of Deceased Armed Forces Retirement Home Residents.— Section 1520 of the Armed Forces Retirement Home Act of 1991 (24 U. S. C. 420) is amended— (1) in subsection (b)(1)(C)— (A) by striking “Comptroller General of the United States” in the second sentence and inserting “Secretary of Defense”; and (B) by striking “Comptroller General” in the third sentence and inserting “Secretary”; and (2) in subsection (d)— (A) by striking “Comptroller General of the United States” in paragraph (1) and inserting “Secretary of Defense”; and (B) by striking “Comptroller General” in paragraphs (2) and (3) and inserting “Secretary”. (k) Payment of Judgments and Compromise Settlements.— Section 2414 of title 28, United States Code, is amended in the first paragraph by striking “General Accounting Office” each place it appears and inserting “Secretary of the Treasury”. (l) Payment of Judgments.— Section 2517(a) of title 28, United States Code, is amended by striking “General Accounting Office” and inserting “Secretary of the Treasury”. (m) Judgment Fund Certifications.— Section 1304 of title 31, United States Code, is amended by striking “Comptroller General” each place it appears and inserting “Secretary of the Treasury”. (n) Claims Settlement.— (1) In general.— Section 3702 of title 31, United States Code, is amended— (A) in the heading by striking “of the Comptroller General”; (B) by amending subsection (a) to read as follows: “(a) Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows: “(1) The Secretary of Defense shall settle— “(A) claims involving uniformed service members’ pay, allowances, travel, transportation, retired pay, and survivor benefits; and “(B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense. “(2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees’ compensation and leave. “(3) The Administrator of General Services shall settle claims involving expenses incurred by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty station. “(4) The Director of the Office of Management and Budget shall settle claims not otherwise provided for by this subsection or another provision of law.”; (C) in subsection (b)(1), by amending that portion of the second sentence preceding subparagraph (A) to read “The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except—”; (D) in subsection (b)(2) by striking “presented to the Comptroller General” and inserting “received”, and by striking “clause” and inserting “paragraph”; (E) by amending subsection (b)(3) to read as follows: “(3) A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required.”; and (F) in subsection (d), by striking “Comptroller General” the first place it appears and inserting “official responsible under subsection (a) for settling the claim”; and by striking “Comptroller General” every other place it appears and inserting “official”. (2) Clerical amendment.— Chapter 37 of title 31, United States Code, is amended in the table of sections at the beginning of the chapter, by amending the item relating to section 3702 to read as follows: “3702. Authority to settle claims,”. (o) Transportation Claims.— Section 3726 of title 31, United States Code, is amended— (1) in subsection (f) by striking “and the Comptroller General prescribe jointly” and inserting “prescribes”; and (2) in subsection (g)(1) by striking “Comptroller General” and inserting “Administrator of General Services”. (p) Setoff Against Judgments.— Section 3728 of title 31, United States Code, is amended— (1) in subsection (a) by striking “Comptroller General” the first place it appears and inserting “Secretary of the Treasury”; and (2) by striking “Comptroller General” each place it appears thereafter and inserting “Secretary”. (q) Settlement of Accounts of Deceased Members.— Section 714(c) of title 32, United States Code, is amended— (1) in the first sentence, by striking “Comptroller General” and inserting “Secretary concerned”; and (2) by striking the second sentence. (r) Payment of Claims Relating to National Guard Activities.— Section 715(d) of title 32, United States Code, is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (s) Claims for Net Proceeds from Sales of Household and Personal Effects.— Section 554(h) of title 37, United States Code, is amended by striking “General Accounting Office” each place it appears and inserting “Secretary of Defense”. (t) Cancellation of Checks Mailed to Deceased Payees.— Section 5122 of title 38, United States Code, is amended by striking “upon settlement by the General Accounting Office”. (u) Waiver of Liquidated Damages.— Section 10(a) of the Act of September 5, 1950 (64 Stat. 591; 41 U. S. C. 256a), is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”.

  13. Travel and Transportation Reform Act of 1998

    Pub. L. 105–264 § 3(a)(3)(A) · 112 Stat. 2350

    Amended · 31 U.S.C. § 3726(a)

    Pub. L. 105–264, § 3(a)(3)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A carrier or freight forwarder presenting a bill for transporting an individual or property for the United States Government may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe. 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:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–264, § 3(a)(3)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A carrier or freight forwarder presenting a bill for transporting an individual or property for the United States Government may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe. 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:

    “(1) accrual of the claim; “(2) payment for the transportation is made; “(3) refund for an overpayment for the transportation is made; or “(4) a deduction under subsection (b) of this section is made.”

    Enacted provision · exact public law section
    (A) by amending subsection (a) to read as follows: “(a) (1) Regulations. 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.”;

    Effective date note
    Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

  14. Travel and Transportation Reform Act of 1998

    Pub. L. 105–264 § 3(a)(3)(B) · 112 Stat. 2350

    1. Added · 31 U.S.C. § 3726(b)(e)

      Pub. L. 105–264, § 3(a)(3)(B), (C), added subsecs. (b) and (c)

    2. Redesignated · 31 U.S.C. § 3726(b)(e)

      Pub. L. 105–264, § 3(a)(3)(B), (C), redesignated former subsecs. (b) and (c) as (d) and (e), respectively. Former subsecs. (d) and (e) redesignated (f) and (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (e). Pub. L. 105–264, § 3(a)(3)(B), (C), added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively. Former subsecs. (d) and (e) redesignated (f) and (g), respectively.

    Enacted provision · exact public law section
    (B) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), (h), and (i), respectively;

    Effective date note
    Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

  15. Travel and Transportation Reform Act of 1998

    Pub. L. 105–264 § 3(a)(3)(B) · 112 Stat. 2350

    1. Redesignated · 31 U.S.C. § 3726(f)

      Pub. L. 105–264, § 3(a)(3)(B), (D), redesignated subsec. (d) as (f)

    2. Substituted · 31 U.S.C. § 3726(f)

      Pub. L. 105–264, § 3(a)(3)(B), (D), substituted “subsection (e)” for “subsection (c)”

    3. Redesignated · 31 U.S.C. § 3726(f)

      Pub. L. 105–264, § 3(a)(3)(B), (D), inserted at end “This reporting requirement expires December 31, 1998.” Former subsec. (f) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–264, § 3(a)(3)(B), (D), redesignated subsec. (d) as (f), substituted “subsection (e)” for “subsection (c)”, and inserted at end “This reporting requirement expires December 31, 1998.” Former subsec. (f) redesignated (h).

    Enacted provision · exact public law section
    (B) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), (h), and (i), respectively;

    Effective date note
    Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

  16. Travel and Transportation Reform Act of 1998

    Pub. L. 105–264 § 3(a)(3)(B) · 112 Stat. 2350

    Redesignated · 31 U.S.C. § 3726(g); 31 U.S.C. § 3726(h)

    Pub. L. 105–264, § 3(a)(3)(B), redesignated subsecs. (e) and (f) as (g) and (h), respectively. Former subsec. (g) redesignated (i)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 105–264, § 3(a)(3)(B), redesignated subsecs. (e) and (f) as (g) and (h), respectively. Former subsec. (g) redesignated (i).

    Enacted provision · exact public law section
    (B) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), (h), and (i), respectively;

    Effective date note
    Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

  17. Travel and Transportation Reform Act of 1998

    Pub. L. 105–264 § 3(a)(3)(B) · 112 Stat. 2350

    Redesignated · 31 U.S.C. § 3726(i)

    Pub. L. 105–264, § 3(a)(3)(B), redesignated subsec. (g) as (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–264, § 3(a)(3)(B), redesignated subsec. (g) as (i).

    Enacted provision · exact public law section
    (B) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), (h), and (i), respectively;

    Effective date note
    Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

  18. Travel and Transportation Reform Act of 1998

    Pub. L. 105–264 § 3(a)(3)(E) · 112 Stat. 2350

    Substituted · 31 U.S.C. § 3726(i)(1)

    Pub. L. 105–264, § 3(a)(3)(E), substituted “subsection (c)” for “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 105–264, § 3(a)(3)(E), substituted “subsection (c)” for “subsection (a)”.

    Enacted provision · exact public law section
    (E) in subsection (i)(1), as so redesignated, by striking “subsection (a)” and inserting “subsection (c)”; and

    Effective date note
    Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

  19. Travel and Transportation Reform Act of 1998

    Pub. L. 105–264 § 3(a)(3)(F) · 112 Stat. 2350

    Added · 31 U.S.C. § 3726(j)

    Pub. L. 105–264, § 3(a)(3)(F), added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 105–264, § 3(a)(3)(F), added subsec. (j).

    Enacted provision · exact public law section
    (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.”.

    Effective date note
    Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

24 of 26 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
3726(a)31:244(a)(1st sentence, last sentence last proviso).Sept. 18, 1940, ch. 722, § 322(a), 54 Stat. 955; Aug. 26, 1958, Pub. L. 85–762, § 2, 72 Stat. 860; Oct. 25, 1972, Pub. L. 92–550, § 1(a), 86 Stat. 1163; Jan. 2, 1975, Pub. L. 93–604, § 201(1), (2), 88 Stat. 1960.
3726(b)31:244(a)(2d sentence, last sentence less last proviso).
3726(c)31:244(c), (d).Sept. 18, 1940, ch. 722, 54 Stat. 898, § 322(c), (d); added Oct. 25, 1972, Pub. L. 92–550, § 1(b), 86 Stat. 1164; Jan. 2, 1975, Pub. L. 93–604, § 201(3), 88 Stat. 1960.
3726(d)(1)31:244(b).Sept. 18, 1940, ch. 722, 54 Stat. 898, § 322(b); added Jan. 2, 1975, Pub. L. 93–604, § 201(3), 88 Stat. 1960.
3726(d)(2)31:244(a)(3d sentence).

In the section, the words “Administrator of General Services” are substituted for “General Services Administration, or his designee” for consistency. The word “freight” is added for clarity and consistency with 49:10101 et seq.

In subsection (a), before clause (1), the word “individual” is substituted for “persons” for consistency. The words “or on behalf of” are omitted as unnecessary. The words “for charges for transportation . . . the purview of” are omitted as surplus. In clause (1), the word “claim” is substituted for “cause of action thereon” for consistency. In clauses (2) and (3), the words “is made” are substituted for “of charges . . . involved” and “subsequent . . . of such charges” to eliminate unnecessary words.

In subsection (b), before clause (1), the words “Provided, however, That such deductions shall be made” are omitted because of the restatement. The words “found to be” are omitted as surplus. The words “of any overcharge by any carrier or forwarder” and “The term ‘overcharges’ shall be deemed to mean . . . those applicable thereto” are omitted because of the restatement. The word “rate” is substituted for “charges for transportation services” and “rates, fares, and charges” for consistency with title 49. In clause (1), the word “authority” is substituted for “regulatory agency” for consistency. In clause (2), the words “established” and “contract . . . from regulation” are omitted as surplus.

In subsection (c), the text of 31:244(d) and the words “Government”, “or his designee”, and “of the United States” are omitted as unnecessary. The words “under this section” are substituted for “for passenger or freight transportation services to be furnished the United States by any carrier or forwarder” to eliminate unnecessary words. The word “transportation” is substituted for “services” for consistency. The words “ticket, receipt, bill of lading, or equivalent . . . involved” and “as ordered by the United States” are omitted as surplus.

In subsection (d)(1), the words “may request” are substituted for “Nothing in subsection (a) of this section hereof shall be deemed to prevent . . . from requesting” to eliminate unnecessary words. The words “of limitation” are omitted as surplus.

In subsection (d)(2), the words “Comptroller General” are substituted for “General Accounting Office” for consistency.

Editorial Notes

Amendments1984–1998 · 7 rounds

1998

Subsec. (a). Pub. L. 105–264, § 3(a)(3)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A carrier or freight forwarder presenting a bill for transporting an individual or property for the United States Government may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe. 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:

“(1) accrual of the claim;

“(2) payment for the transportation is made;

“(3) refund for an overpayment for the transportation is made; or

“(4) a deduction under subsection (b) of this section is made.”

Subsecs. (b) to (e). Pub. L. 105–264, § 3(a)(3)(B), (C), added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively. Former subsecs. (d) and (e) redesignated (f) and (g), respectively.

Subsec. (f). Pub. L. 105–264, § 3(a)(3)(B), (D), redesignated subsec. (d) as (f), substituted “subsection (e)” for “subsection (c)”, and inserted at end “This reporting requirement expires .” Former subsec. (f) redesignated (h).

Subsecs. (g), (h). Pub. L. 105–264, § 3(a)(3)(B), redesignated subsecs. (e) and (f) as (g) and (h), respectively. Former subsec. (g) redesignated (i).

Subsec. (i). Pub. L. 105–264, § 3(a)(3)(B), redesignated subsec. (g) as (i).

Subsec. (i)(1). Pub. L. 105–264, § 3(a)(3)(E), substituted “subsection (c)” for “subsection (a)”.

Subsec. (j). Pub. L. 105–264, § 3(a)(3)(F), added subsec. (j).

1996

Subsec. (f). Pub. L. 104–316, § 202(o)(1), substituted “Treasury prescribes” for “Treasury and the Comptroller General prescribe jointly”.

Subsec. (g)(1). Pub. L. 104–316, § 202(o)(2), substituted “Administrator of General Services” for “Comptroller General”.

1995

Subsec. (b)(1). Pub. L. 104–88, § 306(1), (2), substituted “under title 49 or on file with” for “on file with the Interstate Commerce Commission,” and struck out “or” after the semicolon at end.

Subsec. (b)(2). Pub. L. 104–88, § 306(4), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 104–88, § 306(3), (5), redesignated par. (2) as (3) and substituted “sections 10721, 13712, and 15504” for “sections 10721–10724”.

1994

Subsec. (b)(1). Pub. L. 103–272, § 5(i)(2), substituted “section 40102(a) of title 49” for “the Federal Aviation Act of 1958”.

Subsec. (d). Pub. L. 103–272, § 4(f)(1)(N), which directed the substitution of “miscellaneous receipts” for “miscellaneous receipt”, was repealed by Pub. L. 103–429.

1993

Subsecs. (c) and (d). Pub. L. 103–123 amended subsecs. (c) and (d) generally. Prior to amendment, subsecs. (c) and (d) read as follows:

“(c) Expenses of transportation audit contracts and contract administration shall be financed from overpayments collected from carriers on transportation bills paid by the Government and other similar type refunds at not to exceed 40 percent of such collections annually. Payment to any contractor shall not exceed 50 percent of the overpayments identified by any contract audit.

“(d) At least annually, and as determined by the Administrator, after making adequate provision for expenses of refunds to carriers, transportation audit contracts, and contract administration authorized in subsection (c), the balance of the overpayments collected by the General Services Administration shall be transferred to miscellaneous receipt of the Treasury. A report of receipts, disbursements, and transfers (to miscellaneous receipts) pursuant to this section shall be made annually in connection with the budget estimates to the Director of the Office of Management and Budget and to the Congress.”

1986

Subsec. (a). Pub. L. 99–627, § 1(1), amended first sentence generally, substituting “may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe” for “shall be paid before the Administrator of General Services conducts an audit”.

Subsecs. (c) to (g). Pub. L. 99–627, § 1(2), (3), added subsecs. (c) to (e) and redesignated former subsecs. (c) and (d) as (f) and (g), respectively.

1984

Subsec. (b)(1). Pub. L. 98–443 substituted “Secretary of Transportation with respect to foreign air transportation (as defined in the Federal Aviation Act of 1958)” for “Civil Aeronautics Board”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–264 effective 18 months after , see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title.

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date of 1994 Amendment

Pub. L. 103–429, § 7(a), , 108 Stat. 4388, provided that the amendment made by that section is effective .

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–443 effective , see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

Task Force

Pub. L. 99–627, § 2, , 100 Stat. 3508, provided that:

“(a)

Within 60 days after the date of enactment of this Act [], the Administrator of General Services shall establish a task force to study and investigate the feasibility, desirability, and economy of an integrated, automated system that Federal agencies may use in managing the transportation of property for the United States.

“(b)

The task force established under subsection (a) shall—

“(1)

be chaired by a representative of the Administrator;

“(2)

include representatives of the Department of Defense and other Federal agencies significantly involved in the transportation of property for the United States; and

“(3)

solicit the views of private businesses with expertise in the matters being considered by the task force.

“(c)

In studying and investigating the integrated, automated system, the task force shall consider including in that system such elements as automated routing, rating, documentation, payment, and auditing.

“(d)

Each department, agency, and instrumentality of the Federal Government shall furnish to the task force, upon its request, such data, reports, and other information (not otherwise prohibited by law) as the task force deems necessary to carry out its functions under this section.

“(e)

The head of each such department, agency, and instrumentality may provide to the task force such services and personnel as the task force requests on such basis (reimbursable or otherwise) as may be agreed upon between such department, agency, or instrumentality and the task force.

“(f)

The task force shall submit a final report on the results of its study and investigation to the Congress not later than .”

Credits

1982–1998 · 9 acts
  1. 1982Pub. L. 97–258, , 96 Stat. 976
  2. 1984Pub. L. 98–443, § 9(f), , 98 Stat. 1707
  3. 1986Pub. L. 99–627, § 1, , 100 Stat. 3508
  4. 1993Pub. L. 103–123, title VI, § 620A, , 107 Stat. 1265
  5. 1994Pub. L. 103–272, §§ 4(f)(1)(N), 5(i)(2), , 108 Stat. 1362, 1375
  6. 1994Pub. L. 103–429, § 7(a)(3)(B), , 108 Stat. 4388
  7. 1995Pub. L. 104–88, title III, § 306, , 109 Stat. 945
  8. 1996Pub. L. 104–316, title II, § 202(o), , 110 Stat. 3844
  9. 1998Pub. L. 105–264, § 3(a)(3), , 112 Stat. 2353.
Show as published

(Pub. L. 97–258, , 96 Stat. 976; Pub. L. 98–443, § 9(f), , 98 Stat. 1707; Pub. L. 99–627, § 1, , 100 Stat. 3508; Pub. L. 103–123, title VI, § 620A, , 107 Stat. 1265; Pub. L. 103–272, §§ 4(f)(1)(N), 5(i)(2), , 108 Stat. 1362, 1375; Pub. L. 103–429, § 7(a)(3)(B), , 108 Stat. 4388; Pub. L. 104–88, title III, § 306, , 109 Stat. 945; Pub. L. 104–316, title II, § 202(o), , 110 Stat. 3844; Pub. L. 105–264, § 3(a)(3), , 112 Stat. 2353.)

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