[Congressional Record Volume 145, Number 29 (Wednesday, February 24, 1999)]
[House]
[Pages H743-H749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        GOVERNMENT WASTE, FRAUD, AND ERROR REDUCTION ACT OF 1999

  The SPEAKER pro tempore (Mr. Sessions). Pursuant to House Resolution 
43 and rule XVIII, the Chair declares the House in the Committee of the 
Whole House on the State of the Union for the consideration of the 
bill, H.R. 436.

                              {time}  1227


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 436) to reduce waste, fraud, and error in Government programs by 
making improvements with respect to Federal management and debt 
collection practices, Federal payment systems, Federal benefit 
programs, and for other purposes, with Mr. Gibbons in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from California (Mr. Horn) and the 
gentleman from Texas (Mr. Turner) each will control 30 minutes.
  The Chair recognizes the gentleman from California (Mr. Horn).
  Mr. HORN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the Federal Government's failure to collect delinquent 
debts is costing American taxpayers billions of dollars each year. 
According to the Department of the Treasury, the Federal Government is 
owed approximately $50 billion in delinquent nontax debt. The tax debt 
is even more. Of that amount, more than $47 billion has been delinquent 
for more than 180 days.
  In addition, the Federal Government also writes off an additional $10 
billion in delinquent nontax debt each year. To facilitate the 
collection of this enormous amount of nontax debt owed to the Federal 
Government, the taxpayers, Congress passed and the President signed 
into law, in 1996, the Debt Collection Improvement Act.
  This bipartisan legislation, in which the gentlewoman from New York 
(Mrs. Maloney), the then Ranking Democrat on the Subcommittee on 
Government Management, Information and Technology, was the coauthor, 
and she had had great experience with this in the New York City 
Council, and this legislation established significant new debt 
collection tools and enhanced existing ones. These included centralized 
servicing of debts more than 180 days delinquent at the Department of 
Treasury's Financial Management Service and at designated agency debt 
collection centers.
  The 1996 act also enhanced existing debt collection tools such as the 
Federal payment offset, a program where a portion of a Federal payment 
to a delinquent debtor can be intercepted to satisfy the delinquent 
Federal debt. The legislation also expanded the use of private 
collection agencies to assist in collecting delinquent nontax debts.
  The bill before the House of Representatives, H.R. 436, the 
Government Waste, Fraud, and Error Reduction Act of 1999, builds on the 
1996 Debt Collection Improvement Act by providing the Federal 
government with additional tools to improve its collection of 
delinquent nontax debts. The bill includes provisions that seek to 
reduce waste, fraud and error in the Federal benefit and credit 
programs. H.R. 436 prohibits Federal agencies from discharging or 
writing off nontax debts prior to the initiation of collection 
activity.
  The bill also expands the application of gain-sharing, a procedure 
that allows Federal agencies to retain a portion of the amounts they 
collect. It is an incentive to make sure that that agency is really on 
top of the nontax debt.

                              {time}  1230

  Under the Debt Collection Improvement Act of 1996, agencies are only 
permitted to retain a percentage of the delinquent loans that they 
collect. H.R. 436, the bill before us now, would expand that to allow 
agencies to retain a portion of all delinquent debts, not just loans 
that they collect. The expansion of gains-sharing will give agencies 
greater incentive to collect debts and increase taxpayer savings.
  The bill authorizes the offset, or withholding, of Social Security 
benefits to recipients who owe past-due child support to a State. 
Currently, Social Security benefits can be intercepted to offset a 
recipient's debt to the Federal Government. This bill would assist 
States in their efforts to collect billions of dollars in unpaid child 
support. According to the Congressional Budget Office, this added 
offset authority would recover $17 million each year in past-due child 
support.
  To help eliminate waste, fraud and error in Federal benefits and 
credit programs, H.R. 436 authorizes Federal agencies to bar delinquent 
debtors from obtaining a Federal permit or license or receiving 
financial assistance in the form of a loan or loan guarantee until the 
delinquent debt is repaid.
  H.R. 436 promotes the sale of new and delinquent loans by Federal 
agencies. Loan sale programs would benefit the Federal Government in a 
number of ways. Loans that are sold in a competitive market could yield 
substantial proceeds, could reduce administrative costs and also allow 
agencies to focus their limited resources on other programs.
  An agency, with the guidance from the Office of Management and 
Budget, could exempt any class of debt, such as farm loans, foreign 
loans, whatever they are, from the sale provisions of this bill if it 
is determined that the sale would interfere with the agency's program 
or missions.
  This bill also focuses its attention on large debts. It requires 
agencies to report annually to Congress on their uncollected, high-
value delinquent debts that are greater than $1 million.
  H.R. 436 contains these important provisions and a variety of others 
designed to improve the efficiency and effectiveness of the Federal 
debt collection programs. This measure has strong bipartisan support. 
Since the very beginning, both parties on the Committee on Government 
Reform have worked together on the original act, as I noted earlier, 
and on the revisions to that act. I am sure down the line there will 
still be other revisions.
  This legislation is similar to what passed the House of 
Representatives unanimously last year under suspension of the rules by 
a voice vote, and that was the end of the second session of the 105th 
Congress. The bill did not have an opportunity to be taken up at the 
end of the rush of legislation by the Senate. The bill has been the 
subject of a hearing held by the Subcommittee on Government Management, 
Information, and Technology on March 2, 1998.
  The amendment in the nature of a substitute that I have placed at the 
desk clarifies provisions of H.R. 436 and incorporates recommendations 
offered by the administration in consultation with the Committee on 
Government Reform to improve Federal payment systems and financial 
management.
  Mr. Chairman, I would like to thank in particular the gentleman from 
California (Mr. Waxman), ranking Democrat on the full Committee on 
Government Reform. And, as I mentioned earlier, the gentlewoman from 
New York (Mrs. Maloney) has been a key author of the legislation and 
the gentleman from Texas (Mr. Turner), the new ranking member on the 
Subcommittee on Government Management, Information, and Technology. 
Their assistance has been invaluable in getting this important 
legislation to the floor.
  H.R. 436 is a significant step forward in the battle to collect the 
billions of dollars in delinquent debts that are owed to the American 
taxpayers. I urge my colleagues to support this legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TURNER. Mr. Chairman, I yield myself such time as I may consume.

[[Page H744]]

  Mr. Chairman, I would like to first commend the gentleman from 
California (Mr. Horn), my good friend, for his outstanding leadership 
on government management issues generally and in particular for his 
leadership in debt collection, which is the subject of this bill before 
the House today.
  The gentlewoman from New York (Mrs. Maloney) has sponsored a number 
of debt collection initiatives as the former ranking member on the 
Subcommittee on Government Management, Information and Technology, 
which she did during the 105th Congress. And I would also like to 
commend the gentlewoman for her outstanding leadership in trying to 
bring a bill before the House that is a true bipartisan bill that will 
improve the debt collection practices of the Federal Government.
  H.R. 436 is a fiscal reform bill. It finishes a process begun in 1996 
with the Debt Collection Improvement Act, which represented a 
bipartisan effort by the gentleman from California (Chairman Horn) and 
the gentlewoman from New York (Mrs. Maloney). Under the Debt Collection 
Improvement Act, the Treasury Department is authorized to use new tools 
designed to recoup as much as $1 billion in delinquent nontax debt each 
year.
  The Federal Government currently carries about $30 billion in 
delinquent debts on its books that could be potentially collected. Much 
of this debt, however, is old and perhaps it is unrealistic to be 
collectable. But the older the debt gets, the more difficult it is to 
recover.
  This bill would encourage Federal agencies to initiate debt 
collection activities and to sell nontax debt that is not an integral 
part of the agency's mission. Additionally, this bill encourages the 
government, when awarding contracts to private collection agencies, to 
consider those agencies' past performance records, including the amount 
of money they have previously collected and the existence and frequency 
of debtor complaints.
  H.R. 436 provides the government with the necessary flexibility to 
evaluate its contractors to assure that the government can consider 
factors other than just the net collections. For example, it is 
important to the government to utilize private contractors to assess 
the feasibility of debt collection and, in turn, to send out debt 
collection notices, conduct the necessary paperwork, and to resolve 
claims through administrative processes that may not necessarily result 
in any collections.
  By providing flexibility and encouraging agencies to optimize debt 
collection incentives, we can ensure that the government is more 
efficient and more effective.
  Mr. Chairman, this resolution focuses attention on debtors who owe 
the United States Government over $1 million in nontax debt. By working 
to decrease these high-risk debts, our government should reduce its 
outstanding delinquent debts substantially.
  The bill also authorizes the Department of the Treasury to withhold 
certain Federal Social Security, black lung, and railroad retirement 
payments from those owing past-due child support, an area that the 
gentlewoman from New York has taken a strong interest in the drafting 
of this legislation.
  The Congressional Budget Office estimates that these withholdings 
should result in an additional $10 million in child support collections 
for those who are due such support across this country. It is possible 
that this provision could recoup even more than the $10 million.
  This bill should provide the government with an increased capacity to 
recover money that is rightfully owed to the taxpayers of the United 
States. The bill should result in an additional $18 million that can be 
returned to the taxpayers over the 1999 to the 2004 period. It should 
continue to provide this kind of return well into the future.
  Mr. Chairman, this bill passed out of the Committee on Government 
Reform with bipartisan support, with the leadership of the gentleman 
from California (Chairman Horn) and the gentlewoman from New York. Both 
have been very active in the area of debt collection and have created 
the framework that we now have in the Debt Collection Improvement Act. 
The gentleman from California has been very receptive to the 
administration's concerns regarding this bill, and the administration 
is not opposed.
  For these reasons, I am glad to join with my colleagues here today in 
support of H.R. 436.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HORN. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Oregon (Mr. Walden). He has taken a great interest as a 
new member of the committee in this matter, and I am delighted to have 
his support on the floor.
  Mr. WALDEN of Oregon. Mr. Chairman, I would like to thank the 
gentleman from California, the distinguished chairman of our 
Subcommittee on Government Management, Information and Technology, for 
bringing forth this important piece of legislation.
  Mr. Chairman, I would also like to speak to the importance of 
ensuring that Federal agencies create incentives for debt collection 
contractors to obtain voluntary payments from debtors before 
instituting involuntary collection actions such as wage garnishment or 
litigation against that debtor.
  I say that because I have learned that under the Department of 
Education's contract, for example, the contractor has a greater 
incentive to collect a debt through involuntary administrative wage 
garnishment procedures rather than through voluntary payments from the 
debtor. This is because the methodology used by the Department of 
Education to evaluate the performance of its contractors, allocate 
accounts among contractors and pay bonuses is weighted in favor of wage 
garnishment rather than voluntary collections. The preparation of cases 
for litigation is also given substantial weight.
  Mr. Chairman, as the gentleman from California and I have discussed, 
I would like to see the Debt Collection Act amended at some point to 
require that voluntary collections be given greater emphasis and these 
coercive methods, give them less emphasis.
  In my view, the performance of a debt collection contractor in 
achieving netback collections for the government should be in the order 
of 75 percent, if not more, of the weighting in the evaluation 
methodology and the preparation of cases for litigation or wage 
garnishment should receive no more than, say, 20 percent combined.
  These reforms would help, I believe, the Federal Government to do a 
better job of debt collection in a fair, efficient and voluntary manner 
which I think would be preferable.
  However, given the administration's objections to such an amendment 
and in the spirit of trying to minimize our differences in an effort to 
pass good and meaningful legislation, I will not be offering that 
amendment. But it is a topic that I hope we can discuss in the future.
  While I understand the desire of the administration to have 
unfettered discretion as to how these contracts are administered, I 
have trouble accepting the suggestion that the infliction of wage 
garnishment or litigation on a debtor is more preferable to a more 
voluntary action convincing that debtor to pay. As everyone knows, it 
is just this sort of approach to collections that caused our friends at 
the IRS problems at times with the public.
  Mr. Chairman, I look forward to working with the gentleman from 
California and the gentleman from Texas and the administration and 
members of our committee to address these issues and make Federal debt 
collections both more voluntary and more effective.
  Mr. TURNER. Mr. Chairman, I yield 5 minutes to the gentlewoman from 
New York (Mrs. Maloney), who has worked countless hours on this bill as 
the ranking member of the Subcommittee on Government Management, 
Information and Technology.
  Mrs. MALONEY of New York. Mr. Chairman, I rise in support of the 
bill; and I applaud the hard work of the gentleman from California 
(Chairman Horn) and the gentleman from Texas (Mr. Turner), ranking 
member, in bringing this legislation to the floor.
  I would like to comment on the statement of the gentleman from Oregon 
(Mr. Walden), who spoke about certainly supporting voluntary efforts 
first. This bill does that. Before there is any movement to centralize 
collections or to initiate any effort to collect it, there are three 
attempts to persuade the debtor to pay what is owed to the taxpayers of 
this country. At least

[[Page H745]]

three letters and phone calls have to go out trying to persuade this 
person to live up to their obligations before any other method or any 
other project is encountered.
  Mr. Chairman, the legislation before us builds on the success of the 
Debt Collection Improvement Act of 1996, which the gentleman from 
California and I authored over 3 years ago. When we introduced the Debt 
Collection Improvement Act, we had just conducted a study that showed 
that over $50 billion was owed to the taxpayers of this country, $50 
billion in nontax debt, $50 billion that could be used for teachers, 
police officers, roads, mass transit, all types of things to help our 
people in this country.
  Furthermore, the government was writing off, writing off and 
forgetting about over more than $10 billion of that debt each year. Our 
original bill, which received widespread bipartisan support, simply 
employed good business, common-sense tools to collect this debt. First, 
it centralized collection and management in Treasury, whose mission it 
is to bring in revenues that are owed to this country and to manage our 
finances.

                              {time}  1245

  It called upon common sense good business tactics such as 
computerizing the debt, cross-servicing, certainly not handing out a 
debt to a bad debtor, managing it better. These efforts, according to 
Treasury, should bring in billions of dollars to our citizens.
  The bill we have today builds on the successes of the original piece 
of legislation. It prohibits agencies from writing off debt without 
making significant efforts to collect it, first through persuasion, 
then through letters, phone calls, all types of efforts, and then 
finally allowing the private sector to come in and try to collect that 
debt before it is written off or forgotten about.
  This bill is a strong piece of legislation. It will significantly aid 
the government in its efforts to collect the money that is owed to the 
hardworking citizens of our country. It builds on some of the successes 
of better management in our original bill, strengthens gain sharing, 
rewards agencies that do well by allowing them to keep part of the 
money that they are managing better.
  My only disappointment with this legislation before us is that it 
does not contain a provision that many of us had worked on that was 
attached to last year's version of the bill. My provision would 
institute greater data sharing practices and information among 
government agencies, to strengthen Federal debt collection efforts, and 
provide for stronger verification of eligibility for Federal benefits.
  This provision was supported by the administration, by OMB, who 
estimated it would bring in roughly a billion a year. As the Chairman 
knows, there were concerns raised about permitting access to the 
national directory of new hires, so the provision was removed from this 
bill that is before us today.
  I am optimistic that we can address these concerns and agree on a 
bill that permits greater data sharing among agencies in a manner that 
is responsible and fair.
  I applaud the gentleman from California (Chairman Horn) for his 
leadership. He apparently is setting up some meetings on this with his 
colleagues, and I appreciate that. I know that he is supportive. I look 
forward to working with him to improve this legislation, to enact this 
legislation today, and I thank him for his support for this legislation 
and his hard work.
  Mr. HORN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I particularly appreciate the comments made by our two 
previous speakers, the gentleman from Oregon (Mr. Walden) and the 
gentlewoman from New York (Mrs. Maloney). Both have had excellent 
ideas. I know, as the gentlewoman from New York (Mrs. Maloney) is 
aware, we will have an annual hearing at least on the effectiveness of 
this legislation when conducted by any administration.
  So a lot of the ideas that still are good and are not in law, we will 
be glad to consider them when we hold our major hearing this year on 
the 1996 law and next year when we have given them a year to implement 
the revisions.
  As the gentleman from Texas (Mr. Turner) noted, the administration is 
in support of this legislation. I insert for the Record the statement 
of administration policy, dated February 23, 1999 with reference to 
H.R. 436, Government Waste, Fraud, and Error Reduction Act of 1999.

       The Administration supports House passage of the amendment 
     in the nature of a substitute to H.R. 436 to be offered by 
     Chairman Horn, the sponsor of the bill. The administration 
     intends to advise agencies on criteria to be used in 
     exercising the authority to exempt classes of debts or loans 
     from sale as provided in H.R. 436.

  Mr. Chairman, the statement is as follows:

         Executive Office of the President, Office of Management 
           and Budget,
                        Washington, DC, February 23, 1999 (House).

                   Statement of Administration Policy

    (This statement has been coordinated by OMB with the concerned 
                               agencies.)


   H.R. 436--Government Waste, Fraud, and Error Reduction Act of 1999

                     (Horn (R) CA and 6 cosponsors)

       The Administration supports House passage of the amendment 
     in the nature of a substitute to H.R. 436 to be offered by 
     Chairman Horn, the sponsor of the bill. The Administration 
     intends to advise agencies on criteria to be used in 
     exercising the authority to exempt classes of debts or loans 
     from sale as provided in H.R. 436.

  Mr. Chairman, I reserve the balance of my time.
  Mr. TURNER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would merely close by again commending the gentleman 
from California (Chairman Horn) on his leadership in this effort to 
improve the debt collection practices of the Federal Government. I 
think the taxpayers are the winners for the effort that he has made 
along with the efforts of the gentlewoman from New York (Mrs. Maloney) 
on working on this issue for many years.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. ROUKEMA. Mr. Chairman, I rise in support of the Government 
Waste, Fraud and Error Reduction Act. Clearly, it is in the best 
interests of the taxpayers of the United States to identify, track and 
sanction those persons who owe the government of the United States past 
due debt. This legislation provides the agencies of the federal 
government many of the tools they need to improve the debt collection 
practices.
  I am particularly pleased this bill has recognized the continuing 
national scandal that we all know as the national child support 
enforcement system. Each and every day we read new stories about 
fathers with obvious means ignoring his legal and moral obligation to 
his children. In fact, each year over $5 billion in the basic 
necessities of life are denied to children of divorce due to lack of 
child support payments. This, in turn, forces mothers, and some dads, 
into endless, expensive and debasing legal battles just to get the 
basic support to which they are legally and morally entitled. As you 
know, for these families, it is just a short drop onto the welfare 
rolls. That's when these families become bona fide ``wards of the 
state.''
  Years ago, in one of the many significant reforms of the child 
support enforcement that I have been involved in, this Congress gave 
the federal government the authority to attach Social Security benefits 
in cases of past due child support orders. This legislation takes that 
common-sense reform one more step by granting the states the authority 
to attach Social Security benefits in cases where they are owed back 
child support.
  Mr. Chairman, this is an important step. For those of us who have 
been involved in the effort to strengthen our child support enforcement 
system, we know that the national network is only as strong as its 
weakest link. Families trying to collect their legal child support 
payments must know that there are no more safe haven for child support 
deadbeats--that delinquent fathers cannot escape their legal and moral 
obligations by simply fleeing across state lines.
  This provision alone--allowing the states to attach Social Security 
benefits--could bring in an additional $10 to $17 million in past due 
support each year.
  Child support evasion is not a victimless crime. There are many 
victims--the first being the children and the last being the taxpayer. 
Through this single provision of H.R. 436 we are taking additional 
steps to protect all of them.
  Mr. HORN. Mr. Chairman, I urge adoption of this legislation, and I 
yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the order of the House of today, the amendment in the 
nature of

[[Page H746]]

a substitute by the gentleman from California (Mr. Horn) is considered 
as an original bill for the purpose of amendment under the 5-minute 
rule and is considered read.
  The text of the amendment in the nature of a substitute is as 
follows:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Government 
     Waste, Fraud, and Error Reduction Act of 1999''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definition.
Sec. 4. Application of Act.

                TITLE I--GENERAL MANAGEMENT IMPROVEMENTS

Sec. 101. Improving financial management.
Sec. 102. Improving travel management.

         TITLE II--IMPROVING FEDERAL DEBT COLLECTION PRACTICES

Sec. 201. Miscellaneous corrections to subchapter II of chapter 37 of 
              title 31, United States Code.
Sec. 202. Barring delinquent Federal debtors from obtaining Federal 
              benefits.
Sec. 203. Collection and compromise of nontax debts and claims.

         TITLE III--SALE OF NONTAX DEBTS OWED TO UNITED STATES

Sec. 301. Authority to sell nontax debts.
Sec. 302. Requirement to sell certain nontax debts.

             TITLE IV--TREATMENT OF HIGH VALUE NONTAX DEBTS

Sec. 401. Annual report on high value nontax debts.
Sec. 402. Review by Inspectors General.
Sec. 403. Requirement to seek seizure and forfeiture of assets securing 
              high value nontax debt.

                       TITLE V--FEDERAL PAYMENTS

Sec. 501. Transfer of responsibility to Secretary of the Treasury with 
              respect to prompt payment.
Sec. 502. Promoting electronic payments.
Sec. 503. Debt services account.

     SEC. 2. PURPOSES.

       The purposes of this Act are the following:
       (1) To reduce waste, fraud, and error in Federal benefit 
     programs.
       (2) To focus Federal agency management attention on high-
     risk programs.
       (3) To better collect debts owed to the United States.
       (4) To improve Federal payment systems.
       (5) To improve reporting on Government operations.

     SEC. 3. DEFINITION.

       As used in this Act, the term ``nontax debt'' means any 
     debt (within the meaning of that term as used in chapter 37 
     of title 31, United States Code) other than a debt under the 
     Internal Revenue Code of 1986 or the Tariff Act of 1930.

     SEC. 4. APPLICATION OF ACT.

       No provision of this Act shall apply to the Department of 
     the Treasury or the Internal Revenue Service to the extent 
     that such provision--
       (1) involves the administration of the internal revenue 
     laws; or
       (2) conflicts with the Internal Revenue Service 
     Restructuring and Reform Act of 1998, the Internal Revenue 
     Code of 1986, or the Tariff Act of 1930.

                TITLE I--GENERAL MANAGEMENT IMPROVEMENTS

     SEC. 101. IMPROVING FINANCIAL MANAGEMENT.

       Section 3515 of title 31, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``1997'' and inserting ``2000''; and
       (B) by inserting ``Congress and'' after ``submit to''; and
       (2) by striking subsections (e), (f), (g), and (h).

     SEC. 102. IMPROVING TRAVEL MANAGEMENT.

       (a) Limited Exclusion From Requirement Regarding Occupation 
     of Quarters.--Section 5911(e) of title 5, United States Code, 
     is amended by adding at the end the following new sentence: 
     ``The preceding sentence shall not apply with respect to 
     lodging provided under chapter 57 of this title.''.
       (b) Use of Travel Management Centers, Agents, and 
     Electronic Payment Systems.--
       (1) Requirement to encourage use.--The head of each 
     executive agency shall, with respect to travel by employees 
     of the agency in the performance of the employment duties by 
     the employee, require, to the extent practicable, the use by 
     such employees of travel management centers, travel agents 
     authorized for use by such employees, and electronic 
     reservation and payment systems for the purpose of improving 
     efficiency and economy regarding travel by employees of the 
     agency.
       (2) Plan for implementation.--(A) The Administrator of 
     General Services shall develop a plan regarding the 
     implementation of this subsection and shall, after 
     consultation with the heads of executive agencies, submit to 
     Congress a report describing such plan and the means by which 
     such agency heads plan to ensure that employees use travel 
     management centers, travel agents, and electronic reservation 
     and payment systems as required by this subsection.
       (B) The Administrator shall submit the plan required under 
     subparagraph (A) not later than March 31, 2000.
       (c) Payment of State and Local Taxes on Travel Expenses.--
       (1) In general.--The Administrator of General Services 
     shall develop a mechanism to ensure that employees of 
     executive agencies are not inappropriately charged State and 
     local taxes on travel expenses, including transportation, 
     lodging, automobile rental, and other miscellaneous travel 
     expenses.
       (2) Report.--Not later than March 31, 2000, the 
     Administrator shall, after consultation with the heads of 
     executive agencies, submit to Congress a report describing 
     the steps taken, and proposed to be taken, to carry out this 
     subsection.

         TITLE II--IMPROVING FEDERAL DEBT COLLECTION PRACTICES

     SEC. 201. MISCELLANEOUS CORRECTIONS TO SUBCHAPTER II OF 
                   CHAPTER 37 OF TITLE 31, UNITED STATES CODE.

       (a) Child Support Enforcement.--Section 3716(h)(3) of title 
     31, United States Code, is amended to read as follows:
       ``(3) In applying this subsection with respect to any debt 
     owed to a State, other than past due support being enforced 
     by the State, subsection (c)(3)(A) shall not apply.''.
       (b) Debt Sales.--Section 3711 of title 31, United States 
     Code, is amended by striking subsection (i).
       (c) Gainsharing.--Section 3720C(b)(2)(D) of title 31, 
     United States Code, is amended by striking ``delinquent 
     loans'' and inserting ``debts''.
       (d) Provisions Relating to Private Collection 
     Contractors.--
       (1) Collection by secretary of the treasury.--Section 
     3711(g) of title 31, United States Code, is amended by adding 
     at the end the following:
       ``(11) In attempting to collect under this subsection 
     through the use of garnishment any debt owed to the United 
     States, a private collection contractor shall not be 
     precluded from verifying the debtor's current employer, the 
     location of the payroll office of the debtor's current 
     employer, the period the debtor has been employed by the 
     current employer of the debtor, and the compensation received 
     by the debtor from the current employer of the debtor.
       ``(12) In evaluating the performance of a contractor under 
     any contract entered into under this subsection, the 
     Secretary of the Treasury shall consider the contractor's 
     gross collections net of commissions (as a percentage of 
     account amounts placed with the contractor) under the 
     contract. The existence and frequency of valid debtor 
     complaints shall also be considered in the evaluation 
     criteria.
       ``(13) In selecting contractors for performance of 
     collection services, the Secretary of the Treasury shall 
     evaluate bids received through a methodology that considers 
     the bidder's prior performance in terms of net amounts 
     collected under Government collection contracts of similar 
     size, if applicable. The existence and frequency of valid 
     debtor complaints shall also be considered in the evaluation 
     criteria.''.
       (2) Collection by program agency.--Section 3718 of title 
     31, United States Code, is amended by adding at the end the 
     following:
       ``(h) In attempting to collect under this subsection 
     through the use of garnishment any debt owed to the United 
     States, a private collection contractor shall not be 
     precluded from verifying the current place of employment of 
     the debtor, the location of the payroll office of the 
     debtor's current employer, the period the debtor has been 
     employed by the current employer of the debtor, and the 
     compensation received by the debtor from the current employer 
     of the debtor.
       ``(i) In evaluating the performance of a contractor under 
     any contract for the performance of debt collection services 
     entered into by an executive, judicial, or legislative 
     agency, the head of the agency shall consider the 
     contractor's gross collections net of commissions (as a 
     percentage of account amounts placed with the contractor) 
     under the contract. The existence and frequency of valid 
     debtor complaints shall also be considered in the evaluation 
     criteria.
       ``(j) In selecting contractors for performance of 
     collection services, the head of an executive, judicial, or 
     legislative agency shall evaluate bids received through a 
     methodology that considers the bidder's prior performance in 
     terms of net amounts collected under government collection 
     contracts of similar size, if applicable. The existence and 
     frequency of valid debtor complaints shall also be considered 
     in the evaluation criteria.''.
       (3) Construction.--None of the amendments made by this 
     subsection shall be construed as altering or superseding the 
     provisions of title 11, United States Code, or section 6103 
     of the Internal Revenue Code of 1986.
       (e) Clerical Amendment.--Section 3720A(h) of title 31, 
     United States Code, is amended--
       (1) beginning in paragraph (3), by striking the close 
     quotation marks and all that follows through the matter 
     preceding subsection (i); and
       (2) by adding at the end the following:
     ``For purposes of this subsection, the disbursing official 
     for the Department of the Treasury is the Secretary of the 
     Treasury or his or her designee.''.
       (f) Correction of References to Federal Agency.--Sections 
     3716(c)(6) and 3720A(a), (b), (c), and (e) of title 31, 
     United States Code, are each amended by striking ``Federal 
     agency'' each place it appears and inserting ``executive, 
     judicial, or legislative agency''.

[[Page H747]]

       (g) Inapplicability of Act to Certain Agencies.--
     Notwithstanding any other provision of law, no provision in 
     this Act, the Debt Collection Improvement Act of 1996 
     (chapter 10 of title III of Public Law 104-134; 31 U.S.C. 
     3701 note), chapter 37 or subchapter II of chapter 33 of 
     title 31, United States Code, or any amendments made by 
     such Acts or any regulations issued thereunder, shall 
     apply to activities carried out pursuant to a law enacted 
     to protect, operate, and administer any deposit insurance 
     funds, including the resolution and liquidation of failed 
     or failing insured depository institutions.
       (h) Contracts for Collection Services.--Section 3718 of 
     title 31, United States Code, is amended--
       (1) in the first sentence of subsection (b)(1)(A), by 
     inserting ``, or, if appropriate, any monetary claim, 
     including any claims for civil fines or penalties, asserted 
     by the Attorney General'' before the period;
       (2) in the third sentence of subsection (b)(1)(A)--
       (A) by inserting ``or in connection with other monetary 
     claims'' after ``collection of claims of indebtedness'';
       (B) by inserting ``or claim'' after ``the indebtedness''; 
     and
       (C) by inserting ``or other person'' after ``the debtor''; 
     and
       (3) in subsection (d), by inserting ``or any other monetary 
     claim of'' after ``indebtedness owed''.

     SEC. 202. BARRING DELINQUENT FEDERAL DEBTORS FROM OBTAINING 
                   FEDERAL BENEFITS.

       (a) In General.--Section 3720B of title 31, United States 
     Code, is amended to read as follows:

     ``Sec. 3720B. Barring delinquent Federal debtors from 
       obtaining Federal benefits

       ``(a)(1) A person shall not be eligible for the award or 
     renewal of any Federal benefit described in paragraph (2) if 
     the person has an outstanding nontax debt that is in a 
     delinquent status with any executive, judicial, or 
     legislative agency, as determined under standards prescribed 
     by the Secretary of the Treasury. Such a person may obtain 
     additional Federal benefits described in paragraph (2) only 
     after such delinquency is resolved in accordance with those 
     standards.
       ``(2) The Federal benefits referred to in paragraph (1) are 
     the following:
       ``(A) Financial assistance in the form of a loan (other 
     than a disaster loan) or loan insurance or guarantee.
       ``(B) Any Federal permit or Federal license required by 
     law.
       ``(b) The Secretary of the Treasury may exempt any class of 
     claims from the application of subsection (a) at the request 
     of an executive, judicial, or legislative agency.
       ``(c)(1) The head of any executive, judicial, or 
     legislative agency may waive the application of subsection 
     (a) to any Federal benefit that is administered by the agency 
     based on standards promulgated by the Secretary of the 
     Treasury.
       ``(2) The head of an executive, judicial, or legislative 
     agency may delegate the waiver authority under paragraph (1) 
     to the chief financial officer or, in the case of any Federal 
     performance-based organization, the chief operating officer 
     of the agency.
       ``(3) The chief financial officer or chief operating 
     officer of an agency to whom waiver authority is delegated 
     under paragraph (2) may redelegate that authority only to the 
     deputy chief financial officer or deputy chief operating 
     officer of the agency. Such deputy chief financial officer or 
     deputy chief operating officer may not redelegate such 
     authority.
       ``(d) As used in this section, the term `nontax debt' means 
     any debt other than a debt under the Internal Revenue Code of 
     1986 or the Tariff Act of 1930.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 37 of title 31, United States Code, is 
     amended by striking the item relating to section 3720B and 
     inserting the following:

``3720B. Barring delinquent Federal debtors from obtaining Federal 
              benefits.''.

       (c) Construction.--The amendment made by this section shall 
     not be construed as altering or superseding the provisions of 
     title 11, United States Code.

     SEC. 203. COLLECTION AND COMPROMISE OF NONTAX DEBTS AND 
                   CLAIMS.

       (a) Use of Private Collection Contractors and Federal Debt 
     Collection Centers.--Paragraph (5) of section 3711(g) of 
     title 31, United States Code, is amended to read as follows:
       ``(5)(A) Nontax debts referred or transferred under this 
     subsection shall be serviced, collected, or compromised, or 
     collection action thereon suspended or terminated, in 
     accordance with otherwise applicable statutory requirements 
     and authorities.
       ``(B) The head of each executive agency that operates a 
     debt collection center may enter into an agreement with the 
     Secretary of the Treasury to carry out the purposes of this 
     subsection.
       ``(C) The Secretary of the Treasury shall--
       ``(i) maintain a schedule of private collection contractors 
     and debt collection centers operated by agencies that are 
     eligible for referral of claims under this subsection;
       ``(ii) maximize collections of delinquent nontax debts by 
     referring delinquent nontax debts to private collection 
     contractors promptly;
       ``(iii) maintain competition between private collection 
     contractors;
       ``(iv) ensure, to the maximum extent practicable, that a 
     private collection contractor to which a nontax debt is 
     referred is responsible for any administrative costs 
     associated with the contract under which the referral is 
     made.
       ``(D) As used in this paragraph, the term `nontax debt' 
     means any debt other than a debt under the Internal Revenue 
     Code of 1986 or the Tariff Act of 1930.''.
       (b) Limitation on Discharge Before Use of Private 
     Collection Contractor or Debt Collection Center.--Paragraph 
     (9) of section 3711(g) of title 31, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (A) through (H) as 
     clauses (i) through (viii);
       (2) by inserting ``(A)'' after ``(9)'';
       (3) in subparagraph (A) (as designated by paragraph (2) of 
     this subsection) in the matter preceding clause (i) (as 
     designated by paragraph (1) of this subsection), by inserting 
     ``and subject to subparagraph (B)'' after ``as applicable''; 
     and
       (4) by adding at the end the following:
       ``(B)(i) The head of an executive, judicial, or legislative 
     agency may not discharge a nontax debt or terminate 
     collection action on a nontax debt unless the debt has been 
     referred to a private collection contractor or a debt 
     collection center, referred to the Attorney General for 
     litigation, sold without recourse, administrative wage 
     garnishment has been undertaken, or in the event of 
     bankruptcy, death, or disability.
       ``(ii) The head of an executive, judicial, or legislative 
     agency may waive the application of clause (i) to any nontax 
     debt, or class of nontax debts if the head of the agency 
     determines that the waiver is in the best interest of the 
     United States.
       ``(iii) As used in this subparagraph, the term `nontax 
     debt' means any debt other than a debt under the Internal 
     Revenue Code of 1986 or the Tariff Act of 1930.''.

         TITLE III--SALE OF NONTAX DEBTS OWED TO UNITED STATES

     SEC. 301. AUTHORITY TO SELL NONTAX DEBTS.

       (a) Purpose.--The purpose of this section is to provide 
     that the head of each executive, judicial, or legislative 
     agency shall establish a program of nontax debt sales in 
     order to--
       (1) minimize the loan and nontax debt portfolios of the 
     agency;
       (2) improve credit management while serving public needs;
       (3) reduce delinquent nontax debts held by the agency;
       (4) obtain the maximum value for loan and nontax debt 
     assets; and
       (5) obtain valid data on the amount of the Federal subsidy 
     inherent in loan programs conducted pursuant to the Federal 
     Credit Reform Act of 1990 (Public Law 93-344).
       (b) Sales Authorized.--(1) Section 3711 of title 31, United 
     States Code, is amended by inserting after subsection (h) the 
     following new subsection:
       ``(i)(1) The head of an executive, judicial, or legislative 
     agency may sell, subject to section 504(b) of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661c(b)) and using 
     competitive procedures, any nontax debt owed to the United 
     States that is administered by the agency.
       ``(2) Costs the agency incurs in selling nontax debt 
     pursuant to this subsection may be deducted from the proceeds 
     received from the sale. Such costs include--
       ``(A) the costs of any contract for identification, 
     billing, or collection services;
       ``(B) the costs of contractors assisting in the sale of 
     nontax debt;
       ``(C) the fees of appraisers, auctioneers, and realty 
     brokers;
       ``(D) the costs of advertising and surveying; and
       ``(E) other reasonable costs incurred by the agency, as 
     determined by the Director of the Office of Management and 
     Budget.
       ``(3) Sales of nontax debt under this subsection--
       ``(A) shall be for--
       ``(i) cash; or
       ``(ii) cash and a residuary equity, joint venture, or 
     profit participation, if the head of the agency, in 
     consultation with the Director of the Office of Management 
     and Budget and the Secretary of the Treasury, determines that 
     the proceeds will be greater than the proceeds from a sale 
     solely for cash;
       ``(B) shall be without recourse against the United States; 
     and
       ``(C) shall transfer to the purchaser all rights of the 
     United States to demand payment of the nontax debt, other 
     than with respect to a residuary equity, joint venture, or 
     profit participation under subparagraph (A)(ii), but shall 
     not transfer to the purchaser any rights or defenses uniquely 
     available to the United States.
       ``(3) This subsection is not intended to limit existing 
     statutory authority of the head of an executive, judicial, or 
     legislative agency to sell loans, nontax debts, or other 
     assets.''.

     SEC. 302. REQUIREMENT TO SELL CERTAIN NONTAX DEBTS.

       Section 3711 of title 31, United States Code, is amended 
     further by adding at the end the following new subsection:
       ``(j)(1)(A) The head of each executive, judicial, or 
     legislative agency shall sell any nontax loan owed to the 
     United States by the later of--
       ``(i) the date on which the nontax debt becomes 24 months 
     delinquent; or
       ``(ii) 24 months after referral of the nontax debt to the 
     Secretary of the Treasury pursuant to section 3711(g)(1) of 
     title 31, United States Code. Sales under this subsection 
     shall be conducted under the authority in section 301.

[[Page H748]]

       ``(B) The head of an executive, judicial, or legislative 
     agency, in consultation with the Director of the Office of 
     Management and Budget and the Secretary of the Treasury, may 
     exempt from sale delinquent debt or debts under this 
     subsection if the head of the agency determines that the sale 
     is not in the best financial interest of the United States.
       ``(2) The head of each executive, judicial, or legislative 
     agency shall sell each loan obligation arising from a program 
     administered by the agency, not later than 6 months after the 
     loan is disbursed, unless the head of the agency determines 
     that the sale would interfere with the mission of the agency 
     administering the program under which the loan was disbursed, 
     or the head of the agency, in consultation with the Director 
     of the Office of Management and Budget and the Secretary of 
     the Treasury, determines that a longer period is necessary to 
     protect the financial interests of the United States. Sales 
     under this subsection shall be conducted under the authority 
     in section 301.
       ``(3) After terminating collection action, the head of an 
     executive, judicial, or legislative agency shall sell, using 
     competitive procedures, any nontax debt or class of nontax 
     debts owed to the United States unless the head of the 
     agency, in consultation with the Director of the Office of 
     Management and Budget and the Secretary of the Treasury, 
     determines that the sale is not in the best financial 
     interests of the United States. Sales under this paragraph 
     shall be conducted under the authority of subsection (i).
       ``(4)(A) The head of an executive, judicial, or legislative 
     agency shall not, without the approval of the Attorney 
     General, sell any nontax debt that is the subject of an 
     allegation of or investigation for fraud, or that has been 
     referred to the Department of Justice for litigation.
       ``(B) The head of an executive, judicial, or legislative 
     agency may exempt from sale under this subsection any class 
     of nontax debts or loans if the head of the agency determines 
     that the sale would interfere with the mission of the agency 
     administering the program under which the indebtedness was 
     incurred.''.

             TITLE IV--TREATMENT OF HIGH VALUE NONTAX DEBTS

     SEC. 401. ANNUAL REPORT ON HIGH VALUE NONTAX DEBTS.

       (a) In General.--Not later than 90 days after the end of 
     each fiscal year, the head of each agency that administers a 
     program that gives rise to a delinquent high value nontax 
     debt shall submit a report to Congress that lists each such 
     debt.
       (b) Content.--A report under this section shall, for each 
     debt listed in the report, include the following:
       (1) The name of each person liable for the debt, including, 
     for a person that is a company, cooperative, or partnership, 
     the names of the owners and principal officers.
       (2) The amounts of principal, interest, and penalty 
     comprising the debt.
       (3) The actions the agency has taken to collect the debt, 
     and prevent future losses.
       (4) Specification of any portion of the debt that has been 
     written-down administratively or due to a bankruptcy 
     proceeding.
       (5) An assessment of why the debtor defaulted.
       (c) Definitions.--In this title:
       (1) Agency.--The term ``agency'' has the meaning that term 
     has in chapter 37 of title 31, United States Code, as amended 
     by this Act.
       (2) High value nontax debt.--The term ``high value nontax 
     debt'' means a nontax debt having an outstanding value 
     (including principal, interest, and penalties) that exceeds 
     $1,000,000.

     SEC. 402. REVIEW BY INSPECTORS GENERAL.

       The Inspector General of each agency shall review the 
     applicable annual report to Congress required in section 401 
     and make such recommendations as necessary to improve 
     performance of the agency. Each Inspector General shall 
     periodically review and report to Congress on the agency's 
     nontax debt collection management practices. As part of such 
     reviews, the Inspector General shall examine agency efforts 
     to reduce the aggregate amount of high value nontax debts 
     that are resolved in whole or in part by compromise, default, 
     or bankruptcy.

     SEC. 403. REQUIREMENT TO SEEK SEIZURE AND FORFEITURE OF 
                   ASSETS SECURING HIGH VALUE NONTAX DEBT.

       The head of an agency authorized to collect a high value 
     nontax debt that is delinquent shall, when appropriate, 
     promptly seek seizure and forfeiture of assets pledged to the 
     United States in any transaction giving rise to the nontax 
     debt. When an agency determines that seizure or forfeiture is 
     not appropriate, the agency shall include a justification for 
     such determination in the report under section 401.

                       TITLE V--FEDERAL PAYMENTS

     SEC. 501. TRANSFER OF RESPONSIBILITY TO SECRETARY OF THE 
                   TREASURY WITH RESPECT TO PROMPT PAYMENT.

       (a) Definition.--Section 3901(a)(3) of title 31, United 
     States Code, is amended by striking ``Director of the Office 
     of Management and Budget'' and inserting ``Secretary of the 
     Treasury''.
       (b) Interest.--Section 3902(c)(3)(D) of title 31, United 
     States Code, is amended by striking ``Director of the Office 
     of Management and Budget'' and inserting ``Secretary of the 
     Treasury''.
       (c) Regulations.--Section 3903(a) of title 31, United 
     States Code, is amended by striking ``Director of the Office 
     of Management and Budget'' and inserting ``Secretary of the 
     Treasury''.

     SEC. 502. PROMOTING ELECTRONIC PAYMENTS.

       (a) Early Release of Electronic Payments.--Section 3903(a) 
     of title 31, United States Code, is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) provide that the required payment date is--
       ``(A) the date payment is due under the contract for the 
     item of property or service provided; or
       ``(B) no later than 30 days after a proper invoice for the 
     amount due is received if a specific payment date is not 
     established by contract;''; and
       (2) by striking ``and'' after the semicolon at the end of 
     paragraph (8), by striking the period at the end of paragraph 
     (9) and inserting ``; and'', and by adding at the end the 
     following:
       ``(10) provide that the Secretary of the Treasury may waive 
     the application of requirements under paragraph (1) to 
     provide for early payment of vendors in cases where an agency 
     will implement an electronic payment technology which 
     improves agency cash management and business practice.''.
       (b) Authority To Accept Electronic Payment.--
       (1) In general.--Subject to an agreement between the head 
     of an executive agency and the applicable financial 
     institution or institutions based on terms acceptable to the 
     Secretary of the Treasury, the head of such agency may accept 
     an electronic payment, including debit and credit cards, to 
     satisfy a nontax debt owed to the agency.
       (2) Guidelines for agreements regarding payment.--The 
     Secretary of the Treasury shall develop guidelines regarding 
     agreements between agencies and financial institutions under 
     paragraph (1).

     SEC. 503. DEBT SERVICES ACCOUNT.

       (a) Transfer of Funds to Debt Services Account.--The 
     Secretary of the Treasury may transfer balances in accounts 
     established before the date of the enactment of this Act 
     pursuant to section of 3711(g)(7) of title 31, United States 
     Code, to the Debt Services Account established under 
     subsection (b). All amounts transferred to the Debt Services 
     Account under this section shall remain available until 
     expended.
       (b) Establishment of Debt Services Account.--Subsection 
     (g)(7) of section 3711 of title 31, United States Code, is 
     amended by striking the second sentence and inserting the 
     following: ``Any fee charged pursuant to this subsection 
     shall be deposited into an account established in the 
     Treasury to be known as the `Debt Services Account' 
     (hereinafter referred to in this section as the `Account').''
       (c) Reimbursement of Funds.--Section 3711(g) of title 31, 
     United States Code, is amended--
       (1) by striking paragraph (8);
       (2) by redesignating paragraphs (9) and (10) as paragraphs 
     (8) and (9), respectively; and
       (3) by amending paragraph (9) (as redesignated by paragraph 
     (2)) to read as follows:
       ``(9) To carry out the purposes of this subsection, 
     including services provided under sections 3716 and 3720A, 
     the Secretary of the Treasury may--
       ``(A) prescribe such rules, regulations, and procedures as 
     the Secretary considers necessary;
       ``(B) transfer such funds from funds appropriated to the 
     Department of the Treasury as may be necessary to meet 
     liabilities and obligations incurred prior to the receipt of 
     fees that result from debt collection; and
       ``(C) reimburse any funds from which funds were transferred 
     under subparagraph (B) from fees collected pursuant to 
     sections 3711, 3716, and 3720A. Any reimbursement under this 
     subparagraph shall occur during the period of availability of 
     the funds transferred under subparagraph (B) and shall be 
     available to the same extent and for the same purposes as the 
     funds originally transferred.''.
       (d) Deposit of Tax Refund Offset Fees.--The last sentence 
     of section 3720A(d) of title 31, United States Code, is 
     amended to read as follows: ``Amounts paid to the Secretary 
     of the Treasury as fees under this section shall be deposited 
     into the Debt Services Account of the Department of the 
     Treasury described in section 3711(g)(7) and shall be 
     collected and accounted for in accordance with the provisions 
     of that section.''.

  The CHAIRMAN. During consideration of the bill for amendment, the 
Chair may accord priority in recognition to a Member offering an 
amendment that he has printed in the designated place in the 
Congressional Record. Those amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.
  Are there any amendments?
  If not, the question is on the amendment in the nature of a 
substitute.
  The amendment in the nature of a substitute was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.

[[Page H749]]

  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Sessions) having assumed the chair, Mr. Gibbons, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 436) to 
reduce waste, fraud, and error in Government programs by making 
improvements with respect to Federal management and debt collection 
practices, Federal payment systems, Federal benefit programs, and for 
other purposes, pursuant to House Resolution 43, he reported the bill 
back to the House with an amendment adopted by the Committee of the 
Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment in the nature of a substitute.
  The amendment in the nature of a substitute was agreed to.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HORN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 419, 
nays 1, not voting 13, as follows:

                             [Roll No. 25]

                               YEAS--419

     Abercrombie
     Ackerman
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (IN)
     Hill (MT)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larson
     Latham
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--1

       
     Paul
       

                             NOT VOTING--13

     Aderholt
     Capps
     Davis (IL)
     Livingston
     Lowey
     Martinez
     McInnis
     Menendez
     Morella
     Northup
     Reyes
     Rush
     Weldon (PA)

                              {time}  1312

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. ADERHOLT. Mr. President, on roll call no. 25, I was inadvertently 
detained. Had I been present, I would have voted ``yes.''
  Mr. McINNIS. Mr. Speaker, due to business in Colorado, I will be 
unable to vote on the following bill, H.R. 436. Had I been able to 
vote, I would have voted ``yea.''
  Mr. PICKERING. Mr. Speaker, I was unavoidably detained and missed the 
following rollcall vote:
  Rollcall vote No. 25, H.R. 438. Had I been present, I would have 
voted ``aye.''

                          ____________________