PUBLIC LAW 105-264—OCT. 19, 1998 112 STAT. 2353 (B) in subsection (c)(1), by inserting after "deductions" the following: "and the Administrator of General Services has determined that verification by a prepa3ment audit conducted pursuant to section 3726(a) of tnis title for a particular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government"; and (C) in subsection (c)(2), by inserting after "agreement" the following: "and the Administrator of General Services has determined that verification by a prepayment audit conducted pursuant to section 3726(a) of this title for a particular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government". (3) Section 3726 of title 31, United States Code, is amended— (A) by amending subsection (a) to read as follows: "(a)(1) Each agency that receives a bill from a carrier or freight Regulations. 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) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), (h), and (i), respectively; (C) by inserting after subsection (a) the following new subsections: "(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 undei- subsection (d) of this section is made."; (D) in subsection (f), as so redesignated, by striking "subsection (c)" and inserting "subsection (e)", and by adding at the end the following new sentence: "This reporting requirement Expiration date, expires December 31, 1998."; (E) in subsection (i)(D, as so redesignated, by striking "subsection (a)" and inserting "subsection (c/'; and
�
