31 U.S.C. § 3726 : US Code - Section 3726: Payment for transportation

Search 31 U.S.C. § 3726 : US Code - Section 3726: Payment for transportation

(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 December 31, 1998.
(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.