H.R. 3060 (103rd): Electronic Funds Transfer Federal Salary Act

103rd Congress, 1993–1994. Text as of Sep 14, 1993 (Introduced).

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HR 3060 IH

103d CONGRESS

1st Session

H. R. 3060

To authorize the Secretary of the Treasury to issue regulations to require that the pay of Federal employees be paid by electronic funds transfer or any other method determined by the Secretary to be in the interest of economy or effectiveness, with sufficient safeguards over the control of, and accounting for, public funds.

IN THE HOUSE OF REPRESENTATIVES

September 14, 1993

Mr. DARDEN introduced the following bill; which was referred to the Committee on Government Operations


A BILL

To authorize the Secretary of the Treasury to issue regulations to require that the pay of Federal employees be paid by electronic funds transfer or any other method determined by the Secretary to be in the interest of economy or effectiveness, with sufficient safeguards over the control of, and accounting for, public funds.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Electronic Funds Transfer Federal Salary Act’.

SEC. 2. SAFE, ECONOMICAL, EFFECTIVE PAYROLL ADMINISTRATION.

    (a) IN GENERAL- Section 3332 of title 31, United States Code, is amended by striking subsections (a), (b), (c), (d), and (e) and inserting the following new subsections:

    ‘(a) FINANCIAL ORGANIZATION DEFINED- For purposes of this section, the term ‘financial organization’ means a depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act), a Federal or State credit union (as defined in section 101 of the Federal Credit Union Act), or a similar institution.

    ‘(b) ELECTRONIC FUNDS TRANSFERS OF PAYMENTS OF EMPLOYEE PAY-

      ‘(1) SECRETARY AUTHORIZED TO REQUIRE ELECTRONIC TRANSFERS- Notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this section referred to as the ‘Secretary) may prescribe regulations requiring the pay of any employee of any agency to be paid by electronic funds transfer or any other method determined by the Secretary to be in the interest of economy or effectiveness if the Secretary--

        ‘(A) determines that such requirement is practicable; and

        ‘(B) establishes and maintains sufficient safeguards over the control of, and accounting for, public funds in connection with any such transfer.

      ‘(2) DESIGNATION OF FINANCIAL ORGANIZATION RECIPIENT- Any regulation prescribed under paragraph (1) shall require any employee whose pay is subject to such regulation to designate the financial organization to receive the payments of such pay.

      ‘(3) REPORT OF DESIGNATION- Any certification which is made by the head of an agency with respect to the payment of employee pay of an employee whose pay is subject to regulations prescribed under paragraph (1) shall contain such information about the financial organization designated by the employee under paragraph (2) as the Secretary may require.

      ‘(4) TRANSFER FEES PROHIBITED-

        ‘(A) SECRETARY- The Secretary may not charge any financial organization any fee in connection with any payment made in accordance with this section.

        ‘(B) FINANCIAL ORGANIZATION- No financial organization may charge any employee of an agency for handling payments by the Secretary to the employee in a manner authorized by the Secretary pursuant to this subsection.

      ‘(5) EXEMPTION AT REQUEST OF EMPLOYEE- The Secretary may, at the request of any employee who was employed by the United States Government on the date of the enactment of the Electronic Funds Transfer Federal Salary Act and whose annual rate of basic pay is less than $20,000, exempt such employee from the requirements of this section.

      ‘(6) NATIONAL SECURITY EXCEPTIONS-

        ‘(A) IN GENERAL- No provision of this section shall be construed as impairing or affecting any provision of section 102(d)(3) of the National Security Act of 1947 or section 6 of the Central Intelligence Agency Act of 1949.

        ‘(B) EXEMPTION OF CIA AUTHORIZED- The Director of the Central Intelligence Agency, or a designee of the Director, may exempt the Central Intelligence Agency and any employee of such agency from regulations issued pursuant to paragraph (1) and the requirements of paragraph (3) if the Director or designee determines that compliance with such regulations and requirements would risk disclosure of intelligence sources and methods or compromise the security of foreign intelligence or counterintelligence activities.

    ‘(c) EFFECT OF PAYMENT- The acceptance by a financial organization of a payment of an amount by the United States in any manner authorized by the Secretary pursuant to subsection (b) or (d) shall constitute full acquittance of the United States for such amount.

    ‘(d) PAYMENT OF OTHER AMOUNTS BY ELECTRONIC FUND TRANSFERS- The payment by the United States of any amount due any person for any purpose (other than pay payable to an employee of an agency) may be made in any manner authorized by the Secretary pursuant to this section upon receipt by the Secretary of a written request of such person for payment in such manner.’.

    (b) TECHNICAL AND CONFORMING AMENDMENTS- Section 3332 of title 31, United States Code, is amended--

      (1) by redesignating subsection (f) as subsection (e); and

      (2) by striking ‘The’ in the 1st sentence of subsection (e) (as so redesignated) and inserting ‘Notwithstanding subsection (b)(1), the’.