[Congressional Record Volume 150, Number 135 (Saturday, November 20, 2004)]
[House]
[Pages H10097-H10098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H10097]]
    WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R. 4818, 
CONSOLIDATED APPROPRIATIONS ACT, 2005, AND PROVIDING FOR CONSIDERATION 
    OF H.J. RES. 114, CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2005

  The SPEAKER pro tempore. The pending business is the question of 
agreeing to the resolution, House Resolution 866, as amended, on which 
further proceedings were postponed earlier today.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the resolution, as 
amended.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BAIRD. 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.
  Pursuant to clause 8 of rule XX, this 15-minute vote on adoption of 
House Resolution 866 will be followed by a 5-minute vote on the motion 
to suspend the rules and pass the bill, H.R. 5382.
  The vote was taken by electronic device, and there were--yeas 233, 
nays 158, not voting 42, as follows:

                             [Roll No. 540]

                               YEAS--233

     Aderholt
     Akin
     Alexander
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Ehlers
     Emerson
     Engel
     English
     Everett
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gingrey
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hoekstra
     Holden
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Murphy
     Murtha
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Stearns
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner (OH)
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                               NAYS--158

     Abercrombie
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (NY)
     Boucher
     Boyd
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Chandler
     Clay
     Clyburn
     Cooper
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dingell
     Doggett
     Edwards
     Emanuel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCollum
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Menendez
     Miller (NC)
     Miller, George
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Rodriguez
     Ross
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Watson
     Watt
     Waxman
     Weiner
     Woolsey
     Wu

                             NOT VOTING--42

     Ackerman
     Bachus
     Blumenauer
     Boswell
     Burr
     Cannon
     Case
     Collins
     Conyers
     Cunningham
     Delahunt
     Deutsch
     Dunn
     Fattah
     Feeney
     Gephardt
     Gillmor
     Hill
     Hobson
     John
     Kind
     Kleczka
     Lipinski
     McCarthy (NY)
     McDermott
     McGovern
     Meehan
     Millender-McDonald
     Moran (VA)
     Musgrave
     Norwood
     Quinn
     Rothman
     Ruppersberger
     Skelton
     Toomey
     Towns
     Turner (TX)
     Upton
     Waters
     Weller
     Wexler

                              {time}  1420

  Mr. STRICKLAND changed his vote from ``yea'' to ``nay''.
  Mr. TIBERI and Mr. HAYES changed their vote from ``nay'' to ``yea''.
  So the resolution, as amended, was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. MORAN of Virginia. Mr. Speaker, on rollcall No. 540, I was 
delayed in getting to the floor. Had I been present, I would have voted 
``nay.''
  The SPEAKER pro tempore (Mr. Ose). Pursuant to House Resolution 866, 
House Concurrent Resolution 528 is adopted.
  The text of H. Con. Res. 528 is as follows:

                            H. Con. Res. 528

       Resolved by the House of Representatives (the Senate 
     concurring), That in the enrollment of the bill (H.R. 4818) 
     making appropriations for foreign operations, export 
     financing, and related programs for the fiscal year ending 
     September 30, 2005, and for other purposes, the Clerk of the 
     House of Representatives shall make the following 
     corrections:
       1. In Division H--Transportation, Treasury, Independent 
     Agencies, and General Government Appropriations Act, 2005, 
     strike all of section 643 and insert:
       Sec. 643. Section 653(j) of title 42, United States Code, 
     is amended by adding at the end the following new paragraph:
       ``(7) Information comparisons and disclosure to assist in 
     federal debt collection--
       ``(A) Furnishing of information by the secretary of the 
     treasury.--The Secretary of the Treasury shall furnish to the 
     Secretary, on such periodic basis as determined by the 
     Secretary of the Treasury in consultation with the Secretary, 
     information in the custody of the Secretary of the Treasury 
     for comparison with information in the National Directory of 
     New Hires, in order to obtain information in such Directory 
     with respect to persons--
       ``(i) who owe delinquent nontax debt to the United States; 
     and
       ``(ii) whose debt has been referred to the Secretary of the 
     Treasury in accordance with 31 U.S.C. 3711(g).
       ``(B) Requirement to seek minimum information.--The 
     Secretary of the Treasury shall seek information pursuant to 
     this section only to the extent necessary to improve 
     collection of the debt described in subparagraph (A).
       ``(C) Duties of the secretary.--
       ``(i) Information disclosure.--The Secretary, in 
     cooperation with the Secretary of the Treasury, shall compare 
     information in the National Directory of New Hires with 
     information provided by the Secretary of the Treasury with 
     respect to persons described in subparagraphs (A) and shall 
     disclose information in such Directory regarding such persons 
     to the Secretary of the Treasury in accordance with this 
     paragraph, for the purposes specified in this paragraph. Such 
     comparison of information shall not be considered a matching 
     program as defined in 5 U.S.C. 552a.

[[Page H10098]]

       ``(a) Condition on disclosure.--The Secretary shall make 
     disclosures in accordance with clause (i) only to the extent 
     that the Secretary determines that such disclosures do not 
     interfere with the effective operation of the program under 
     this part. Support collection under section 466(b) of this 
     title shall be given priority over collection of any 
     delinquent federal nontax debt against the same income.
       ``(D) Use of information by the secretary of the 
     treasury.--The Secretary of the Treasury may use information 
     provided under this paragraph only for purposes of collecting 
     the debt described in subparagraph (A).
       ``(E) Disclosure of information by the secretary of the 
     treasury.--
       ``(i) Purpose of disclosure.--The Secretary of the Treasury 
     may make disclosure under this subparagraph only for purposes 
     of collecting the debt described in subparagraph (A).
       ``(ii) Disclosures permitted.--Subject to clauses (iii) and 
     (iv), the Secretary of the Treasury may disclose information 
     resulting from a data match pursuant to this paragraph only 
     to the Attorney General in connection with collecting the 
     debt described in subparagraph (A).
       ``(iii) Conditions on disclosure.--Disclosures under this 
     subparagraph shall be--
       ``(I) made in accordance with data security and control 
     policies established by the Secretary of the Treasury and 
     approved by the Secretary;
       ``(II) subject to audit in a manner satisfactory to the 
     Secretary; and
       ``(III) subject to the sanctions under subsection (l)(2).
       ``(iv) Additional disclosures.--
       ``(I) Determination by secretaries.--The Secretary of the 
     Treasury and the Secretary shall determine whether to permit 
     disclosure of information under this paragraph to persons or 
     entities described in subclause (II), based on an evaluation 
     made by the Secretary of the Treasury (in consultation with 
     and approved by the Secretary), of the costs and benefits of 
     such disclosures and the adequacy of measures used to 
     safeguard the security and confidentiality of information so 
     disclosed.
       ``(II) Permitted persons or entities.--If the Secretary of 
     the Treasury and the Secretary determine pursuant to 
     subclause (I) that disclosures to additional persons or 
     entities shall be permitted, information under this paragraph 
     may be disclosed by the Secretary of the Treasury, in 
     connection with collecting the debt described in subparagraph 
     (A), to a contractor or agent of either Secretary and to the 
     Federal agency that referred such debt to the Secretary of 
     the Treasury for collection, subject to the conditions in 
     clause (iii) and such additional conditions as agreed to by 
     the Secretaries.
       ``(v) Restrictions on redisclosure.--A person or entity to 
     which information is disclosed under this subparagraph may 
     use or disclose such information only as needed for 
     collecting the debt described in subparagraph (A), subject to 
     the conditions in clause (iii) and such additional conditions 
     as agreed to by the Secretaries.
       ``(F) Reimbursement of hhs costs.--The Secretary of the 
     Treasury shall reimburse the Secretary, in accordance with 
     subsection (k)(3), for the costs incurred by the Secretary in 
     furnishing the information requested under this paragraph. 
     Any such costs paid by the Secretary of the Treasury shall be 
     considered costs of implementing 31 U.S.C. 3711(g) in 
     accordance with 31 U.S.C. 3711(g)(6) and may be paid from the 
     account established pursuant to 31 U.S.C. 3711(g)(7).''.'
       2. In section 122 of Title I of Division J--Other Matters, 
     strike ``0.83'' and insert ``0.80''.

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