[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 528 Enrolled Bill (ENR)]

        H.Con.Res.528
                                      Agreed to December 6, 2004        

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                          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''; and
        (3) strike section 222 of title II of division H.
  Attest:

                                 Clerk of the House of Representatives.

  Attest:

                                               Secretary of the Senate.