[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.
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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.
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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.
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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.''
____________________