[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 528 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
H. CON. RES. 528

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the House of Representatives (the Senate concurring), 
That in the enrollment of the bill (H.R. 4818) making appropriations 
for foreign operations, export financing, and related programs for the 
fiscal year ending September 30, 2005, and for other purposes, the 
Clerk of the House of Representatives shall make the following 
corrections--
            (1) in Division H, strike section 643 and insert:
    Sec. 643. Section 653(j) of title 42, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(7) Information comparisons and disclosure to assist in 
        federal debt collection.--
                    ``(A) Furnishing of information by the secretary of 
                the treasury.--The Secretary of the Treasury shall 
                furnish to the Secretary, on such periodic basis as 
                determined by the Secretary of the Treasury in 
                consultation with the Secretary, information in the 
                custody of the Secretary of the Treasury for comparison 
                with information in the National Directory of New 
                Hires, in order to obtain information in such Directory 
                with respect to persons--
                            ``(i) who owe delinquent nontax debt to the 
                        United States; and
                            ``(ii) whose debt has been referred to the 
                        Secretary of the Treasury in accordance with 31 
                        U.S.C. 3711(g).
                    ``(B) Requirement to seek minimum information.--The 
                Secretary of the Treasury shall seek information 
                pursuant to this section only to the extent necessary 
                to improve collection of the debt described in 
                subparagraph (A).
                    ``(C) Duties of the secretary.--
                            ``(i) Information disclosure.--The 
                        Secretary, in cooperation with the Secretary of 
                        the Treasury, shall compare information in the 
                        National Directory of New Hires with 
                        information provided by the Secretary of the 
                        Treasury with respect to persons described in 
                        subparagraph (A) and shall disclose information 
                        in such Directory regarding such persons to the 
                        Secretary of the Treasury in accordance with 
                        this paragraph, for the purposes specified in 
                        this paragraph. Such comparison of information 
                        shall not be considered a matching program as 
                        defined in 5 U.S.C. 552a.
                            ``(ii) Condition on disclosure.--The 
                        Secretary shall make disclosures in accordance 
                        with clause (i) only to the extent that the 
                        Secretary determines that such disclosures do 
                        not interfere with the effective operation of 
                        the program under this part. Support collection 
                        under section 466(b) of this title shall be 
                        given priority over collection of any 
                        delinquent Federal nontax debt against the same 
                        income.
                    ``(D) Use of information by the secretary of the 
                treasury.--The Secretary of the Treasury may use 
                information provided under this paragraph only for 
                purposes of collecting the debt described in 
                subparagraph (A).
                    ``(E) Disclosure of information by the secretary of 
                the treasury.--
                            ``(i) Purpose of disclosure.--The Secretary 
                        of the Treasury may make a disclosure under 
                        this subparagraph only for purposes of 
                        collecting the debt described in subparagraph 
                        (A).
                            ``(ii) Disclosures permitted.--Subject to 
                        clauses (iii) and (iv), the Secretary of the 
                        Treasury may disclose information resulting 
                        from a data match pursuant to this paragraph 
                        only to the Attorney General in connection with 
                        collecting the debt described in subparagraph 
                        (A).
                            ``(iii) Conditions on disclosure.--
                        Disclosures under this subparagraph shall be--
                                    ``(I) made in accordance with data 
                                security and control policies 
                                established by the Secretary of the 
                                Treasury and approved by the Secretary;
                                    ``(II) subject to audit in a manner 
                                satisfactory to the Secretary; and
                                    ``(III) subject to the sanctions 
                                under subsection (l)(2).
                            ``(iv) Additional disclosures.--
                                    ``(I) Determination by 
                                secretaries.--The Secretary of the 
                                Treasury and the Secretary shall 
                                determine whether to permit disclosure 
                                of information under this paragraph to 
                                persons or entities described in 
                                subclause (II), based on an evaluation 
                                made by the Secretary of the Treasury 
                                (in consultation with and approved by 
                                the Secretary), of the costs and 
                                benefits of such disclosures and the 
                                adequacy of measures used to safeguard 
                                the security and confidentiality of 
                                information so disclosed.
                                    ``(II) Permitted persons or 
                                entities.--If the Secretary of the 
                                Treasury and the Secretary determine 
                                pursuant to subclause (I) that 
                                disclosures to additional persons or 
                                entities shall be permitted, 
                                information under this paragraph may be 
                                disclosed by the Secretary of the 
                                Treasury, in connection with collecting 
                                the debt described in subparagraph (A), 
                                to a contractor or agent of either 
                                Secretary and to the Federal agency 
                                that referred such debt to the 
                                Secretary of the Treasury for 
                                collection, subject to the conditions 
                                in clause (iii) and such additional 
                                conditions as agreed to by the 
                                Secretaries.
                            ``(v) Restrictions on redisclosure.--A 
                        person or entity to which information is 
                        disclosed under this subparagraph may use or 
                        disclose such information only as needed for 
                        collecting the debt described in subparagraph 
                        (A), subject to the conditions in clause (iii) 
                        and such additional conditions as agreed to by 
                        the Secretaries.
                    ``(F) Reimbursement of hhs costs.--The Secretary of 
                the Treasury shall reimburse the Secretary, in 
                accordance with subsection (k)(3), for the costs 
                incurred by the Secretary in furnishing the information 
                requested under this paragraph. Any such costs paid by 
                the Secretary of the Treasury shall be considered costs 
                of implementing 31 U.S.C. 3711(g) in accordance with 31 
                U.S.C. 3711(g)(6) and may be paid from the account 
                established pursuant to 31 U.S.C. 3711(g)(7).''.
            (2) in section 122 of title I of Division J, strike 
        ``0.83'' and insert ``0.80''.

            Passed the House of Representatives November 20, 2004.

            Attest:

                                                                 Clerk.
108th CONGRESS

  2d Session

                            H. CON. RES. 528

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 Directing the Clerk of the House of Representatives to make technical 
          corrections in the enrollment of the bill H.R. 4818.