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[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.

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                                  [all]
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