31 U.S. Code § 3726 - Payment for transportation
Historical and Revision Notes |
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Revised Section |
Source (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). |
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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.
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 December 31, 1998.” 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”.
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.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
Pub. L. 103–429, § 7(a), Oct. 31, 1994, 108 Stat. 4388, provided that the amendment made by that section is effective July 5, 1994.
Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.
Pub. L. 99–627, § 2, Nov. 7, 1986, 100 Stat. 3508, provided that: