Home > 106th Congressional Bills > H.R. 1442 (rh) To amend the Federal Property and Administrative Services Act of 1949 to continue and extend authority for transfers to State and local governments of certain property for law enforcement, public safety, and emergency response purposes. [Re...

H.R. 1442 (rh) To amend the Federal Property and Administrative Services Act of 1949 to continue and extend authority for transfers to State and local governments of certain property for law enforcement, public safety, and emergency response purposes. [Re...


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106th CONGRESS
  1st Session
                                H. R. 1442


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 1999

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 AN ACT


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.
                       TITLE VI--FEDERAL PROPERTY

Sec. 601. Amendment to Federal Property and Administrative Services Act 
                            of 1949.

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''.
    (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.''.

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