[House Report 112-664]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-664
======================================================================
GOVERNMENT SPENDING ACCOUNTABILITY ACT OF 2012
_______
September 11, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 4631]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4631) to require quarterly reports
on agency conferences and meetings, 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.................................... 3
Section-by-Section............................................... 5
Explanation of Amendments........................................ 6
Committee Consideration.......................................... 6
Application of Law to the Legislative Branch..................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 7
Federal Advisory Committee Act................................... 7
Unfunded Mandate Statement....................................... 7
Earmark Identification........................................... 7
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Changes in Existing Law Made by the Bill as Reported............. 8
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 ``Government Spending Accountability Act
of 2012'' or the ``GSA Act of 2012''.
SEC. 2. LIMITS AND TRANSPARENCY FOR TRAVEL AND CONFERENCE SPENDING.
(a) Amendment.--Chapter 57 of title 5, United States Code, is amended
by inserting after section 5711 the following:
``Sec. 5712. Limits and transparency for travel and conference spending
``(a) Definitions.--In this section:
``(1) Conference.--The term `conference' means a meeting,
retreat, seminar, symposium, or event to which an employee
travels 25 miles or more to attend, that--
``(A) is held for consultation, education,
discussion, or training; and
``(B) is not held entirely at a Government facility.
``(2) International conference.--The term `international
conference' means a conference occurring outside the United
States attended by representatives of--
``(A) the Government of the United States; and
``(B) any foreign government, international
organization, or foreign nongovernmental organization.
``(b) International Conference Rule.--An agency may not pay the
travel expenses for more than 50 employees of that agency who are
stationed in the United States, for any international conference,
unless the Secretary of State determines that attendance for such
employees is in the national interest.
``(c) Report on Travel Expenses Required.--At the beginning of each
quarter of each fiscal year, each agency shall post on the public
website of that agency a report on each conference for which the agency
paid travel expenses during the preceding 3 months that includes--
``(1) the itemized expenses paid by the agency, including
travel expenses, and any agency expenditures to otherwise
support the conference;
``(2) the primary sponsor of the conference;
``(3) the location of the conference;
``(4) in the case of a conference for which that agency was
the primary sponsor, a statement that--
``(A) describes the cost to the agency of selecting
the specific conference venue;
``(B) describes why the location was selected,
including a justification for such selection;
``(C) demonstrates the cost efficiency of the
location;
``(D) provides a cost benefit analysis of holding a
conference rather than conducting a teleconference; and
``(E) describes any financial support or other
assistance from a private entity used to pay or defray
the costs of the conference, and for each case where
such support or assistance was used, the head of the
agency shall include a certification that there is no
conflict of interest resulting from such support or
assistance;
``(5) the date of the conference;
``(6) a brief explanation of how the participation of
employees from such agency at the conference advanced the
mission of the agency;
``(7) the title of any employee, or any individual who is not
a Federal employee, whose travel expenses or other conference
expenses were paid by the agency; and
``(8) the total number of individuals whose travel expenses
or other conference expenses were paid by the agency.
``(d) Format and Publication of Report.--Each report posted on the
public website under subsection (c) shall--
``(1) be in a searchable electronic format; and
``(2) remain on that website for at least 5 years after the
date of posting.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5711 the following:
``5712. Limits and transparency for travel and conference spending.''.
(c) Annual Travel Expense Limits.--
(1) In general.--In the case of each of fiscal years 2013
through 2017, an agency (as defined under section 5701 of title
5, United States Code) may not make, or obligate to make,
expenditures for travel expenses, in an aggregate amount
greater than 70 percent of the aggregate amount of such
expenses for fiscal year 2010.
(2) Identification of travel expenses.--
(A) Responsibilities.--Not later than December 31,
2012, and after consultation with the Administrator of
General Services and the Director of the Administrative
Office of the United States Courts, the Director of the
Office of Management and Budget shall establish
guidelines for the determination of what expenses
constitute travel expenses for purposes of this
subsection. The guidelines shall identify specific
expenses, and classes of expenses, that are to be
treated as travel expenses.
(B) Exemption for military travel.--The guidelines
required under subparagraph (A) shall exclude military
travel expenses in determining what expenses constitute
travel expenses. Military travel expenses shall include
travel expenses involving military combat, the training
or deployment of uniformed military personnel, and such
other travel expenses as determined by the Director of
the Office of Management and Budget, in consultation
with the Administrator of General Services and the
Director of the Administrative Office of the United
States Courts.
(d) Conference Transparency and Spending Limits.--
(1) Definitions.--In this subsection:
(A) Agency.--The term ``agency'' has the meaning
given that term under section 5701 of title 5, United
States Code.
(B) Conference.--The term ``conference'' has the
meaning given that term under section 5712(a) of that
title 5, United States Code (as added by subsection
(a)).
(2) Public availability of conference materials.--Each agency
shall post on the public website of that agency detailed
information on any presentation made by any employee of that
agency at a conference (except to the extent the head of an
agency excludes such information for reasons of national
security) including--
(A) the prepared text of any verbal presentation
made; and
(B) any visual, digital, video, or audio materials
presented, including photographs, slides, and audio-
visual recordings.
(3) Limits on amount expended on a conference.--
(A) In general.--An agency may not expend more than
$500,000 to support a single conference.
(B) Rule of construction.--Nothing in this paragraph
shall be construed to preclude an agency from receiving
financial support or other assistance from a private
entity to pay or defray the costs of a conference the
total cost of which exceeds $500,000.
Committee Statement and Views
PURPOSE AND SUMMARY
Spending on civilian (non-military) travel by the Federal
Government increased 88-percent from 2001 to 2011, despite
dramatic improvements in teleconferencing technology.
Relatively little is known concerning the necessity and cost-
effectiveness of the billions of dollars spent annually in this
area.
As amended during full committee consideration by an
Amendment in the Nature of a Substitute (ANS), H.R. 4631 is
intended to reduce non-mission critical travel spending by
limiting annual travel spending by each federal agency, and
requiring greater transparency of travel and conference-related
expenditures.
The ANS requires each federal agency to limit non-military
travel spending for each of fiscal years 2013 to 2017 to 70-
percent of the amount it spent on such travel in FY 2010. And
it prohibits an agency from spending more than one-half million
dollars on any one conference. An agency may not pay the travel
expenses of more than 50 of its employees to attend an
international conference, unless the Secretary of State
determines that doing so is in the national interest.
With respect to transparency, the ANS requires that each
agency post quarterly on its website a report on each
conference for which the agency paid travel expenses during the
previous quarter. The reports are to contain detailed
information regarding the conference expenditures, and--in the
case of a conference primarily sponsored by the agency--an
explanation of why the locale was chosen, how the conference
furthered the agency's mission, and a cost benefit analysis of
why the agency held a conference instead of a teleconference.
The section-by-section portion of this report more fully
summarizes the contents of the ANS.
BACKGROUND AND NEED FOR LEGISLATION
On April 2, 2012, Administrator of General Services Martha
Johnson fired two top deputies at the General Services
Administration (GSA) and then immediately resigned. The reason
given for the dismissals and the resignation was the impending
release of a report by the GSA Office of Inspector General on
the On April 16, 2012, the House Oversight and Government
Reform Committee held a hearing titled ``Addressing the GSA's
Culture of Wasteful Spending''. The hearing explored
mismanagement and abuse of taxpayer dollars at the Western
Regions 2010 Conference held by the GSA Public Building Service
in October 2010.
GSA has a major policy-making role in regulating
Government-wide travel. GSA responsibilities include the
setting of per diem rates for travel with the United Sates, the
promulgation of the Federal Travel Regulation, and the
management of the federal vehicle fleet.
During the course of its federal travel oversight
activities, the House Oversight and Government Reform Committee
found that federal agencies do not effectively track travel and
conference spending, and make little or no effort to make the
information they do track readily available to the American
people. Despite the billions of dollars spent each year on
federal civilian travel, it is not clear how much of this money
is well spent, and how much is wasted.
According to the White House Office of Management and
Budget, non-military travel spending grew 88-percent from
fiscal year 2001 to fiscal year 2011. The December 2010 report
of The National Commission on Fiscal Responsibility and Reform
(``Simpson-Bowles Commission'') recommends cutting federal
travel spending. It states, ``Despite advances in technology,
federal travel costs have ballooned in recent years, growing
56-percent between 2001 and 2006 alone. . . . We propose
prohibiting each agency from spending more than 80 percent of
its FY 2010 travel budget and requiring them to do more through
teleconferencing and telecommuting.''
LEGISLATIVE HISTORY
On April 25, 2012, the Senate adopted S. 1789, the 21st
Century Postal Reform Act by a vote of 62-37. During floor
consideration of S. 1789, the Senate adopted by voice vote an
amendment offered by Senator Tom Coburn of Oklahoma that
limited overall federal travel spending, curbed travel for
international conferences, and set additional transparency
measures for domestic and international conference spending.
The amendment was incorporated as Title V of the bill, as
adopted by the Senate.
Later the same day, the House of Representatives adopted by
voice vote under suspension of the rules H.R. 2146, the Digital
Accountability and Transparency Act (DATA Act), as amended.
Section 308 of the amended version of DATA contains federal
travel and conference spending language largely paralleling the
language of the Coburn amendment to S. 1789. The DATA Act as
passed by the House also institutes new transparency
requirements across the Government applicable to all federal
spending data.
Also on April 25, 2012, Representative Joe Walsh of
Illinois introduced H.R. 4631, the Government Spending
Accountability Act of 2012, or GSA Act. The bill was referred
to the House Oversight and Government Reform Committee. As
introduced, the GSA Act required the head of each federal
agency to submit to Congress, not less frequently than
quarterly, a detailed, itemized report on any conference or
meeting for which the agency must pay a fee and that: (1) is
attended by 50 or more employees, or (2) has a total cost of
$100,000 or more. It exempts any conference or meeting: (1) for
which an agency head determines complying with such reporting
requirement would not be in the interest of national security,
or (2) which an agency head determines is necessary because of
an imminent threat to health or safety or other emergency.
Section-by-Section
Section 1. Short title. The Act may be cited as
``Government Spending Accountability Act of 2012'' or ``GSA Act
of 2012.''
Section 2. Limits and Transparency for Travel and
Conference Spending.
(a) A new section 5712 is added to Chapter 57 of title 5,
United States Code. It is entitled, ``Limits and transparency
for travel and conference spending.''
Definitions--The terms ``conference'' and
``international conference'' are defined.
International Conference Rule--Agencies are
prohibited from paying travel expenses for more than 50
U.S. stationed-employees to attend any international
conference. A waiver can be granted by the Secretary of
State.
Report on Travel Expenses Required--Each agency is
required to post on a quarterly basis on its website a
report on each conference for which it paid travel
expenses during the preceding three months. Each
conference report is required to include several
required elements, to include itemized expenses paid by
the agency, including travel expenses, and any agency
expenditures to otherwise support the conference. For
conferences for which the agency is the primary
sponsor, the report is to include a statement that:
describes the cost to the agency of selecting the
specific conference venue; describes why the location
was selected; demonstrates the cost efficiency of the
location; provides a cost benefit analysis of holding a
conference rather than a teleconference; and describes
any financial support from a private entity used to
defray the cost of the conference.
Format and Publication of Report--Each report is to
be in a searchable electronic format and shall remain
on the agency website for at least 5 years after the
date of posting.
(b) The table of sections for chapter 57 of title 5, United
States Code, is amended.
(c) Annual Travel Expense Limits--
Annual travel expenditures by each agency (as defined
under section 5701 of title 5, United States Code) for
each of fiscal years 2013 through 2017 are limited to
70 percent of the amount the agency spent on travel in
fiscal year 2010.
Identification of Travel Expenses--The Office of
Management and Budget, in consultation with the General
Services Administration, and the Administrative Office
of the United States Courts, is to establish guidelines
no later than December 31, 2012, for determining what
expenses constitute travel expenses. The guidelines are
to establish specific expenses, and classes of
expenses, to be treated as travel expenses. The
guidelines are to exclude military travel expenses from
the definition of travel expenses. Military expenses
are to include travel expenses involving military
combat, the training or deployment of uniformed
military personnel, and other travel expenses as
determined in the guidelines.
(d) Conference and Transparency Spending Limits--
``Agency'' and ``conference'' are defined.
Each agency is directed to post on its public website
detailed information on any presentation made by any
employee of the agency at a conference, except to the
extent that the agency head excludes such information
for reasons of national security.
Agencies are prohibited from spending more than
$500,000 to support a single conference.
Explanation of Amendments
At the June 27, 2012 Full Committee Business Meeting of the
House Oversight and Government Reform Committee, Rep. Walsh
offered an amendment in nature of a substitute to H.R. 4631
which, generally, incorporated provisions of H.R. 2146 and S.
1789. The amendment in nature of substitute offered by Rep.
Walsh is described above.
Committee Consideration
On June 27, 2012, the Committee met in open session and
ordered reported favorably the bill, H.R. 4631, as amended, by
voice vote, a quorum being present.
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 reduces non-mission critical travel spending by
limiting annual travel spending by each federal agency, and
requires greater transparency of travel and conference-related
expenditures.
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
goals and objectives are reflected in the descriptive portions
of this report.
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
H.R. 4631 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4631. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
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 received
the following cost estimate for H.R. 4631 from the Director of
Congressional Budget Office:
H.R. 4631--GSA Act of 2012
H.R. 4631 would require agencies to provide quarterly
reports to the Congress about meetings or events involving
travel expenses paid with federal funds. Over the 2013-2017
period, the bill would restrict agencies' authority to obligate
funds for travel expenses (other than military travel) to 70
percent of the amount spent on travel costs in 2010. In
addition, under the legislation, agencies would be prohibited
from spending more than $500,000 to support a single
conference. Finally, H.R. 4631 would require agencies to post
any presentation materials provided at a conference sponsored
by an agency or attended by federal employees on their Web
sites so it would be available to the public.
CBO estimates that implementing H.R. 4631 would have no
significant net impact on the budget over the 2013-2017 period.
We expect that there would be some minor additional
administrative costs for agencies to report on their travel
expenses to the Congress and to post materials on Web sites. In
2010, civilian agencies spent about $6.5 billion on travel
expenses. By limiting the ability of agencies to obligate funds
for travel costs over the 2013-2017 period to 70 percent of the
amount spent in 2010, the legislation would likely shift
spending on travel to other categories, such as
telecommunications and computer technologies. CBO expects,
however, that such a limitation on travel expenditures would
not result in significantly less total spending by federal
agencies. Any change in costs as a result of implementing H.R.
4631 would depend on the amounts provided in future
appropriation acts.
The bill could affect direct spending by agencies not
funded through annual appropriations; therefore, pay-as-you-go
procedures apply. CBO estimates, however, that any net change
in spending by those agencies would not be significant.
Enacting H.R. 4631 would not affect revenues.
H.R. 4631 would impose intergovernmental mandates as
defined in the Unfunded Mandates Reform Act (UMRA) by limiting
the District of Columbia's spending on travel to 70 percent of
the amount expended in 2010, by prohibiting the District from
paying for travel expenses of more than 50 employees to attend
an international conference--unless approved by the Department
of State, and by requiring the District to post information on
its Web site about conferences that its employees attend. CBO
estimates that the costs of the intergovernmental mandates
would be small and would not exceed the threshold established
in UMRA ($73 million in 2012, adjusted annually for inflation).
H.R. 4631 contains no private-sector mandates as defined in
UMRA.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs) and Elizabeth Cove Delisle (for
the impact on state and local governments). This estimate was
approved by Peter H. Fontaine, Assistant Director for Budget
Analysis.
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 (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.
5701. Definitions.
* * * * * * *
5712. Limits and transparency for travel and conference spending.
* * * * * * *
SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
* * * * * * *
Sec. 5712. Limits and transparency for travel and conference spending
(a) Definitions.--In this section:
(1) Conference.--The term ``conference'' means a
meeting, retreat, seminar, symposium, or event to which
an employee travels 25 miles or more to attend, that--
(A) is held for consultation, education,
discussion, or training; and
(B) is not held entirely at a Government
facility.
(2) International conference.--The term
``international conference'' means a conference
occurring outside the United States attended by
representatives of--
(A) the Government of the United States; and
(B) any foreign government, international
organization, or foreign nongovernmental
organization.
(b) International Conference Rule.--An agency may not pay the
travel expenses for more than 50 employees of that agency who
are stationed in the United States, for any international
conference, unless the Secretary of State determines that
attendance for such employees is in the national interest.
(c) Report on Travel Expenses Required.--At the beginning of
each quarter of each fiscal year, each agency shall post on the
public website of that agency a report on each conference for
which the agency paid travel expenses during the preceding 3
months that includes--
(1) the itemized expenses paid by the agency,
including travel expenses, and any agency expenditures
to otherwise support the conference;
(2) the primary sponsor of the conference;
(3) the location of the conference;
(4) in the case of a conference for which that agency
was the primary sponsor, a statement that--
(A) describes the cost to the agency of
selecting the specific conference venue;
(B) describes why the location was selected,
including a justification for such selection;
(C) demonstrates the cost efficiency of the
location;
(D) provides a cost benefit analysis of
holding a conference rather than conducting a
teleconference; and
(E) describes any financial support or other
assistance from a private entity used to pay or
defray the costs of the conference, and for
each case where such support or assistance was
used, the head of the agency shall include a
certification that there is no conflict of
interest resulting from such support or
assistance;
(5) the date of the conference;
(6) a brief explanation of how the participation of
employees from such agency at the conference advanced
the mission of the agency;
(7) the title of any employee, or any individual who
is not a Federal employee, whose travel expenses or
other conference expenses were paid by the agency; and
(8) the total number of individuals whose travel
expenses or other conference expenses were paid by the
agency.
(d) Format and Publication of Report.--Each report posted on
the public website under subsection (c) shall--
(1) be in a searchable electronic format; and
(2) remain on that website for at least 5 years after
the date of posting.
* * * * * * *