Home > 106th Congressional Bills > H.R. 436 (rh) 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. [Reported in House]...H.R. 436 (rh) 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. [Reported in House]...
106th CONGRESS
1st Session
H. R. 436
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 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.
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.''.
(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:
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