<DOC> [DOCID: f:45434.wais] OVERSIGHT OF THE IMPLEMENTATION OF THE ELECTRONIC FUNDS TRANSFER PROVISIONS OF THE DEBT COLLECTION IMPROVEMENT ACT OF 1996 ======================================================================= HEARING before the SUBCOMMITTEE ON GOVERNMENT MANAGEMENT, INFORMATION, AND TECHNOLOGY of the COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS FIRST SESSION __________ JUNE 18, 1997 __________ Serial No. 105-63 __________ Printed for the use of the Committee on Government Reform and Oversight U. S. GOVERNMENT PRINTING OFFICE 45-434 WASHINGTON : 1998 ____________________________________________________________________________For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpO.gov Phone: toll free (866) 512-1800; (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT DAN BURTON, Indiana, Chairman BENJAMIN A. GILMAN, New York HENRY A. WAXMAN, California J. DENNIS HASTERT, Illinois TOM LANTOS, California CONSTANCE A. MORELLA, Maryland ROBERT E. WISE, Jr., West Virginia CHRISTOPHER SHAYS, Connecticut MAJOR R. OWENS, New York STEVEN SCHIFF, New Mexico EDOLPHUS TOWNS, New York CHRISTOPHER COX, California PAUL E. KANJORSKI, Pennsylvania ILEANA ROS-LEHTINEN, Florida GARY A. CONDIT, California JOHN M. McHUGH, New York CAROLYN B. MALONEY, New York STEPHEN HORN, California THOMAS M. BARRETT, Wisconsin JOHN L. MICA, Florida ELEANOR HOLMES NORTON, Washington, THOMAS M. DAVIS, Virginia DC DAVID M. McINTOSH, Indiana CHAKA FATTAH, Pennsylvania MARK E. SOUDER, Indiana ELIJAH E. CUMMINGS, Maryland JOE SCARBOROUGH, Florida DENNIS J. KUCINICH, Ohio JOHN B. SHADEGG, Arizona ROD R. BLAGOJEVICH, Illinois STEVEN C. LaTOURETTE, Ohio DANNY K. DAVIS, Illinois MARSHALL ``MARK'' SANFORD, South JOHN F. TIERNEY, Massachusetts Carolina JIM TURNER, Texas JOHN E. SUNUNU, New Hampshire THOMAS H. ALLEN, Maine PETE SESSIONS, Texas HAROLD E. FORD, Jr., Tennessee MICHAEL PAPPAS, New Jersey ------ VINCE SNOWBARGER, Kansas BERNARD SANDERS, Vermont BOB BARR, Georgia (Independent) ROB PORTMAN, Ohio Kevin Binger, Staff Director Daniel R. Moll, Deputy Staff Director William Moschella, Deputy Counsel and Parliamentarian Judith McCoy, Chief Clerk Phil Schiliro, Minority Staff Director ------ Subcommittee on Government Management, Information, and Technology STEPHEN HORN, California, Chairman PETE SESSIONS, Texas CAROLYN B. MALONEY, New York THOMAS M. DAVIS, Virginia PAUL E. KANJORSKI, Pennsylvania JOE SCARBOROUGH, Florida MAJOR R. OWENS, New York MARSHALL ``MARK'' SANFORD, South ROD R. BLAGOJEVICH, Illinois Carolina DANNY K. DAVIS, Illinois JOHN E. SUNUNU, New Hampshire ROB PORTMAN, Ohio Ex Officio DAN BURTON, Indiana HENRY A. WAXMAN, California J. Russell George, Staff Director and Chief Counsel Mark Brasher, Professional Staff Member John L. Hynes, Professional Staff Member Andrea Miller, Clerk David McMillen, Minority Professional Staff Member C O N T E N T S ---------- Page Hearing held on June 18, 1997.................................... 1 Statement of: Creque, Marcelyn, volunteer director, American Association of Retired Persons............................................ 158 Hawke, John D., Under Secretary for Domestic Finance, Department of the Treasury; and Mark D. Catlett, Chief Financial Officer, Department of Veterans' Affairs......... 16 McEntee, Elliott, president and chief executive officer, National Automated Clearing House Association; Dina Nichelson, president, American League of Financial Institutions; and Margot Saunders, managing attorney, National Consumer Law Center............................... 176 Wagner, G. Martin, Associate Administrator, General Services Administration............................................. 5 Letters, statements, etc., submitted for the record by: Catlett, Mark D., Chief Financial Officer, Department of Veterans' Affairs: Information concerning visitors to the AFC............... 156 Prepared statement of.................................... 101 VA OIG evaluation of electronic data interchange implementation......................................... 109 VA strategic plan........................................ 30 Creque, Marcelyn, volunteer director, American Association of Retired Persons, prepared statement of..................... 161 Hawke, John D., Under Secretary for Domestic Finance, Department of the Treasury, prepared statement of.......... 21 Horn, Hon. Stephen, a Representative in Congress from the State of California, prepared statement of................. 3 McEntee, Elliott, president and chief executive officer, National Automated Clearing House Association, prepared statement of............................................... 178 National Check Cashers Association, Inc., prepared statement of......................................................... 232 Nichelson, Dina, president, American League of Financial Institutions, prepared statement of........................ 196 Saunders, Margot, managing attorney, National Consumer Law Center, prepared statement of.............................. 205 Wagner, G. Martin, Associate Administrator, General Services Administration, prepared statement of...................... 7 OVERSIGHT OF THE IMPLEMENTATION OF THE ELECTRONIC FUNDS TRANSFER PROVISIONS OF THE DEBT COLLECTION IMPROVEMENT ACT OF 1996 ---------- WEDNESDAY, JUNE 18, 1997 House of Representatives, Subcommittee on Government Management, Information, and Technology, Committee on Government Reform and Oversight, Washington, DC. The subcommittee met, pursuant to notice, at 9:35 a.m., in room 2247, Rayburn House Office Building, Hon. Stephen Horn (chairman of the subcommittee) presiding. Present: Representatives Horn and Maloney. Staff present: J. Russell George, staff director and chief counsel; Mark Brasher and John L. Hynes, professional staff members; Andrea Miller, clerk; David McMillen, minority professional staff member; and Ellen Rayner, minority chief clerk. Mr. Horn. The Subcommittee on Government Management, Information, and Technology will come to order. The Debt Collection Improvement Act of 1996, passed by Congress last April, included a provision to move the Federal Government toward direct deposit and electronic payments. This will reduce dramatically the problems of lost, stolen, counterfeit, and forged checks. It will also provide an opportunity for Federal agencies to reengineer their functions by taking advantage of electronic technology. The new law requires Federal payments to be made electronically by 1999, unless the beneficiary falls under an exemption available for hardships. Congress gave the Department of the Treasury flexibility in implementing a sensible payment system. We look forward with great interest to the release of the Department's proposed rule on implementation. I'm somewhat concerned, however, that this rule is not yet available for public comment. The rule will affect millions of people. It will require complex changes by citizens, the financial sector, and the Government. For these reasons I'm concerned that the delays may endanger public support and acceptance. I urge the Secretary of the Treasury to publish the proposed rule without delay. It needs to be done right, but part of doing it right is doing it quickly. The Department of the Treasury and other Federal agencies will need to conduct an aggressive public education campaign throughout 1998. They will need to provide information on how recipients can receive payments electronically. Without a rule, agencies cannot undertake this education campaign, answer the public's questions, and take the necessary steps to ensure that the transition to electronic payments is complete on January 1, 1999. Thorny questions remain, especially regarding individuals without bank accounts. The Secretary of the Treasury has broad discretion in resolving such questions. We are fortunate today to have the Honorable Jerry Hawke, Under Secretary of the Treasury, be the point man on the electronic funds transfer for the Secretary. The proposed rule is not the only major project in electronic payments. The General Services Administration recently issued a draft solicitation and request for comments for the next generation of fleet, travel, and purchase card programs. These programs will be merged into one single card. This may be the best vehicle the Federal Government has to promote wider use of so-called smart cards, where data are stored on the card itself rather than in a central computer that must be accessed. Electronic payments are just one aspect of electronic commerce. In the finance office of the future, we will need to coordinate the Government's technological improvements with private sector standards to ensure compatibility and interoperability. Recently the Department of Agriculture showed what can be accomplished. It found that processing the paper transaction for an average order worth $185 cost $85 in administrative expenses. By contrast, processing the same order with the purchase card cost only $32. The purchase card also provided opportunities to reduce processing costs further to $17. In the private sector, General Electric has been able to re-engineer its procurement systems by putting them on the Internet, thus ensuring wider vendor participation. Costs have gone down, and the procurement process has been compressed. General Electric has found that small businesses benefit the most. We would like to see Federal agencies obtain similar success in flattening organizational hierarchies, reducing costs, and engendering greater competition in the future. This scale of change will be difficult. We're fortunate to have a well-regarded expert here with us to discuss this issue of electronic commerce, Marty Wagner of the General Services Administration. Mark Catlett of the Department of Veterans' Affairs has been a leader of pushing that agency toward electronic payments. His position in the Chief Financial Officers' Council can be very helpful in sharing experiences with other Chief Financial Officers who have been less successful with their agency payment system. We are also fortunate to have with us today representatives of business organizations for our second panel, and representatives of consumer organizations for our third panel. These witnesses can discuss intelligently the issues surrounding the new electronic funds transfer law. We welcome all these witnesses, and we look forward to their testimony. [The prepared statement of Hon. Stephen Horn follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. We will now begin with the first panel, the Honorable John D. Hawke, Under Secretary for Domestic Finance. Is he here yet? He'll be here at 10. So, Mr. Wagner, Associate Administrator, General Services Administration, will begin. Welcome, Mr. Wagner. And as you know the routine, raise your right hands. [Witness sworn.] Mr. Horn. Thank you very much. The gentleman has affirmed the oath and may begin. STATEMENT OF G. MARTIN WAGNER, ASSOCIATE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION Mr. Wagner. Mr. Chairman, we do appreciate your interest because we think making electronic commerce work in the Federal Government is going to depend in part on both the support and guidance of the legislative branch. I was particularly impressed by your remarks at the beginning, because it showed that you understood how important business process re- engineering and not simply using it as a new way of using, you know, with electrons to replace with atoms. I did make a prepared statement. Rather than read it, if I can submit it to the record? Mr. Horn. Right. It automatically with all witnesses goes in when I introduce you and then summarize any way you would like. Mr. Wagner. OK. If I might summarize very quickly. We see electronic commerce is the technology of electronic commerce as a great enabler. It facilitates change, but should not be used for its own sake. That would be one of our first premises. Our second is that in order to be successful, we have to ride commercial systems. The Government, big as it is, is a small tail on a fairly large dog, and we need to recognize that following the lead of the commercial sector is, in fact, the way to go. The third premise is that we're trying to follow a unitary vision, a single face to industry, at the same time recognizing that individual agencies and individual firms have unique requirements that they need to do themselves. So there is, in fact, a balancing between the single face goal and then recognizing the diversity across the economy. Now, we have made some progress, but I have to say there is a great deal still to do. We have had a great deal of success so far in the use of commercial cards using magnetic stripes, but we're only beginning to use the smart cards. In the new RFP that the Federal Supply Service of GSA has out as a draft for comment that you alluded to earlier, we are consciously embracing this unitary integrated vision. It's not simply viewed as a device to do business as usual. The second area that I think we've been fairly successful in is the use of the Internet and the WorldWide Web. For example, the catalogs, like GSA Advantage! and many other catalogs fielded by government agencies, seem to be a pretty effective tool for connecting government customers. At least for small purchases where you need a warehouse and to see what you need in the overall system. Finally, electronic benefits transfer, where we're moving from a paper-based world to card delivery systems, which may--and I'm sure the Treasury Department will be dealing with these issues--may also deal with concerns of the unbanked. On the electronic benefits transfer, if I could point out, this is not a normal role for GSA, but we are working with the actual agencies, which is the Agriculture Department, and Health and Human Services. They, in fact, make the policies. We are a coordination function, a single point of contact. And I have to confess, we do have in our own area certain things we view as mightily important. For example, we do not want the EBT card vision to actually take us backward from where we have been in paper. Right now a food stamp, for example, is good anywhere in the United States. We've embraced a unitary vision with EBT, with commercial systems. There's something called the Quest Mark, which follows commercial operating rules. To the extent we all--all States and the Federal Government-use this commercial system. We will then build something that is national in scope rather than creating new stovepipes. If I could make one question, we have, I believe, in section 30 in the DOD authorization bill on the Senate side, a recommendation for repeal of what was called FACNET provisions passed a few years ago before the Congress. It, in fact, illustrates how quickly this technology moves. It was a good idea for the time. GAO has now recommended, as are we, that it be--it be repealed because it is pushing the Government toward what is a good solution, but not ``the'' good solution. So we would urge you to consider whether you might embrace that approach. And with that quick summary of my testimony, I would be happy to answer any questions you might have. [The prepared statement of Mr. Wagner follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. Well. It's an excellent summary, and we appreciate all you're doing in this area. In terms of FACNET, have you and the administrator sent a letter to the various Members of the committee? Mr. Wagner. I do not know the exact process. There has been certainly some process between the Office of Federal Procurement Policy and the Congress. If I could submit that for the record later on, the process. Mr. Horn. Yes, we would like to. And we'll be glad to followup on that. I assume it has the clearance of OMB that's in accord with the program of the President. Mr. Wagner. Yes, sir, it does. Mr. Horn. OK. Let me just ask a few questions here. There are going to be some questions we also ask Under Secretary Hawke. Your testimony asks for our support for new legislation that you say will provide more flexibility for electronic commerce. How will it do so? Mr. Wagner. Well, primarily this is the FACNET point I just mentioned. By pushing agencies toward a specific solution that basically is an electronic data interchange hub-based system, that tends to take energy away from the more recently developed Internet web-based approaches. So it gives us more flexibility to pursue where the technology is going rather than where the technology looked like it was going 3 years ago. Mr. Horn. Your testimony identified the potential of smart cards. What are the barriers in implementing smart cards all across Federal agencies? Mr. Wagner. The barriers to smart cards, I think there are really two. There is the one I think that all agencies are aware of: It's new and it's hard to do. There are issues of you can't just decide you're going to get smart cards. You have to worry about readers. So you have to find a cluster of a need for smart cards and deploy both the infrastructure and the cards themselves. That's the issue that all agencies are currently working on. Where we become concerned, it's back to my earlier point of a single face to industry. We're really quite worried that if we just do smart cards wherever they make sense, and that's a good idea, we run the risk of creating whole new stovepipes and separate domains. And you alluded in your remarks to the need to reengineer. So we're worried that the way smart cards might be done in an EPA where I once worked or a Treasury Department where that I once worked, if they're too different, we're going to end up having compatibility problems later on. We're, in fact, working with the agencies on some degree of commonality and how smart cards would work. Mr. Horn. How much infrastructure is already in place on the smart cards? Mr. Wagner. I do not have any good figures, but it's scattered and spotty in there. It's starting to appear to be there's a lot more than we might have realized. The Department of Defense has done a fair amount of work. It's--but I would-- if I could submit to you a more--what I would do off the top of my head would be anecdotal. Mr. Horn. Well, I don't want to cause you a lot of trouble. I just want to see the job done, but I was curious if you had a sense of that and the places where we're really lagging? Mr. Wagner. Where we're really lagging? I think we're all feeling our way forward. And there is, in fact, some dance when you're going through a new technology where what is new is always proprietary and unique to specific companies and specific requirements. As we move through those, we want those new services and features, but we don't want to lock ourselves in. So that's the process we're going through. There's a danger of crystallizing too soon on the wrong technology. Mr. Horn. Your testimony described a vision for the future where smart card systems are used as an integral part of the Government's internal business process. Can you describe how distant this future vision really is, and what is your timeframe for achieving that vision? Mr. Wagner. OK. My timeframe is basically to achieve a lot within the next 2 years, with a time horizon of about 5 years, and part of a time horizon of 5 years with a technology that moves as quickly as this, it's quite dangerous to speculate too far in the future. In the very near term we have the FSS card RFP, which will be hopefully awarded in the early part of the next calendar year. That would be a good vehicle for implementing smart card technologies and integrated solutions. We're also working with piloting, the planning model. Pure planning doesn't work, you have to do experiments. There is, for example, work with the Treasury Department on intragovernmental transfers where we're moving money within the Federal Government, but currently using cards to do it is more costly than it should be. We're working with--there's a Treasury pilot, a GSA pilot, and then we'll be trying to have a framework for learning through them. But the basic time horizon is within 2 years to see substantial penetration of smart cards. By that I mean you can see them, you can count them, you know what they're doing, to be using them to some degree in a standard way. Recognizing that what the world looks like in 2 years is going to be different from what we think it is. We'll have to reset for our next 2 years and then 5 years. Mr. Horn. In the last Congress, the House introduced smart identification cards. Employees were told that locked doors would open when important staff approached, and all sorts of new capabilities would be added on to this smart card. The new Congress brings new ID cards. Now they're of the cheap plastic variety again, and those new features were never implemented. Does GSA risk getting ahead of the private sector and bringing out a smart card when this contract is awarded or of procuring a card that we do not need? Mr. Wagner. I do not think we're actually running the risk. In the original draft that went out for industry comment, we, in fact, had a requirement for hybrid cards, which is another term for smart cards. It has the chip on it. We removed that as a mandatory requirement, but have that as value added. The approach we take embraces the current mag stripe infrastructure, but looks for migration paths as you move into a smart card future. We think it is very important to do experiments to pilot and learn from those pilots and then adjust accordingly. The, if we get--in fact, there's a good, perhaps a standard, phrase. We like to be on the ``leading edge, but not the bleeding edge.'' We plan to be sitting there just behind the innovative commercial leaders, not so far behind as to be left behind, but not so close up as to get our own blood on those edges. Sorry for that. Mr. Horn. I sympathize with that observation from long experience. Your testimony describes some of the accomplishments in implementing electronic benefit transfer systems. What goals are you trying to achieve for the electronic benefits transfer program, and what is GSA's role in the mission? Mr. Wagner. Well, our main role is to coordinate and facilitate the move toward this unitary vision. We are working actively with the involved agencies as well as the States to facilitate that move to that common vision. I think that what we see as the most important thing that GSA does, as distinguished from major policy calls by other agencies, is that, when you use that EBT card, that it may be different contracts and different States, but it's in accordance with the uniform infrastructure using the Quest Mark and the standard operating rules; that it's as nationwide and is more effective than the current, for example, paper food stamp-based program. Mr. Horn. Let me ask you the question, as I mentioned earlier, that I will also be asking Under Secretary Hawke. We will swear in our other two witnesses, and you are right on time, gentlemen. Thank you very much. But, Mr. Wagner, let me ask you, in April, the Subcommittee on Government Management, Information, and Technology held a hearing on the Debt Collection Improvement Act of 1996. I asked Jerry Murphy to examine with the General Services Administration whether an administrative offset feature could be incorporated into Federal credit card systems to offset Federal payments to deadbeat vendors who are delinquent on Federal debts. These cards will be accepted by millions of vendors, some of whom will owe money to the Federal Government. These payments will represent $30 billion in disbursements over 5 years. Is there any progress on that front? Mr. Wagner. Yes, there is some progress. I should emphasize you've hit on a very key issue in how to implement the act. In current RFP, the act applies to the prime contract vendors, and we have that covered, and any payments to them will go through the offset process. The question you allude to is agency action, purchases of 50 or 100 or some small item from vendor A, and it goes into the credit card system, and it's settled according to the operating rules followed by millions of businesses. We do not yet have a good answer on that question. What we have done is we have solicited input from the industry on how best to address this concern. We're working with the Treasury Department on how to do that. But when I mentioned--it's important to keep in mind, as you yourself have pointed out, that when you are in the commercial system, you have to recognize they're following commercial rules. Working through that process with the Treasury Department is likely to take some time, but we want to begin now because this contract is a multiple award contract, likely to last for many, many years. And the fact that we may not be able to do something today, according to the banking system rules, doesn't mean that over the life of the contract that it will not be possible later on. We'll be working toward coming up with a solution. We'd also appreciate any guidance you may have to give us on this issue. Mr. Horn. Well, Mr. Wagner, you've done an outstanding job. Can you stay with us a little bit---- Mr. Wagner. Yes. Mr. Horn [continuing]. In case questions come up when the Under Secretary testifies and Mr. Catlett? Gentleman, if the two latecomers are here--or early arrivals, I should say. [Witnesses sworn.] Mr. Horn. Thank you, gentlemen. Both witnesses have affirmed. Let's start with Under Secretary Hawke. I know you're in a tight schedule this morning. You've already delivered one major address to change Federal policy. This is your next appearance. So, thank you for coming. STATEMENTS OF JOHN D. HAWKE, UNDER SECRETARY FOR DOMESTIC FINANCE, DEPARTMENT OF THE TREASURY; AND MARK D. CATLETT, CHIEF FINANCIAL OFFICER, DEPARTMENT OF VETERANS' AFFAIRS Mr. Hawke. Mr. Chairman, this is my most important appearance today, and I appreciate the opportunity to be here. We're shooting for the 10 o'clock schedule that we understood was the timing. Mr. Horn. You're right. You're ahead of time. So please proceed with your testimony any way you would like to give it. As you know, it's automatically included and if you would please like to summarize. Mr. Hawke. Thank you. I will truncate my prepared statement, Mr. Chairman, and we appreciate the opportunity to appear before you today to discuss the implementation of the new EFT 1999 mandate. This law, which as you know, excludes only tax refunds, is going to have far-reaching implications for millions of Americans. The electronic transfer initiative includes four distinct elements. After July 26, 1996, all Federal payments, except tax refunds, to newly eligible recipients who have bank accounts must be made by EFT. And that is proceeding well, Mr. Chairman. We understand that 85 percent or more of new recipients are coming onstream with electronic payments. Starting January 1, 1999, all Federal payments, with the exception of tax refunds, must be made by EFT. Treasury is mandated to ensure that all recipients who are required to receive payments electronically have access to an account at a financial institution at a reasonable cost and with the same protections as other account holders at that financial institution. And finally, the Secretary is authorized to grant waivers based on recipient hardship, for classes of checks, or where otherwise necessary. Our goal, Mr. Chairman, is to issue payments by a method that will provide the best service to recipients at the lowest possible cost to taxpayers and with the greatest degree of transaction security. Attached to my written statement is a chart that shows the benefits of EFT. As the chart shows, EFT will save taxpayers money. The Government's cost for an EFT payment is only 2 cents--this is right at the back of my statement--while check payments cost the Government 43 cents each. We estimate that full implementation of EFT 1999 will save taxpayers approximately $500 million over 5 years in postage and check production costs alone. This chart also shows a drastic decrease in payment inquiries and claims under EFT as compared to the paper check environment. The chart further shows that EFT increases transaction security and significantly reduces opportunities for crime. Mr. Chairman, I would like to share with you now the principles that Treasury has formulated to guide it in the implementation of EFT 1999. First, the transition from a paper- based system to an electronics system should be accomplished with the interests of recipients ranking of paramount importance. We should maximize private sector competition for the business of handling Federal payments so recipients not only have a broad range of choice of payment services and service providers, but also that they receive their payments at a reasonable cost with substantial consumer protections and with the greatest possible convenience, efficiency, and security. All recipients, and especially those having special needs like the elderly individuals with physical, mental, or language barriers and those living in remote or rural communities, should not be disadvantaged by the transition to electronic payments. Finally, the EFT 1999 program should, to the maximum extent possible, seek to bring into the mainstream of our financial system those millions of Americans for whom the system is as a practical matter not presently available. And I should say, Mr. Chairman, that overarching these principals is the major objective of reducing the costs to the government and taxpayers of the whole payments process. Since the passage of the Debt Collection Improvement Act in April of last year, we've made significant progress in our implementation efforts. In July of last year, we released an interim rule implementing the first phase of the conversion from check to EFT. That is the phase relating to new recipients who come onstream and who have bank accounts. In addition to reviewing the comments received in response to the interim rule, Treasury has undertaken extensive outreach efforts. These include meetings with various interest groups, including consumer groups, vendors, financial trade associations, and financial services providers, including bank and nonbank entities. Our outreach efforts to consumer organizations began in earnest with a meeting that I convened last November. Treasury representatives have met with 11 different consumer groups over the 9 months since July 1966. We also held an EFT 1999 consumer briefing session in April that was attended by over 30 consumer groups. Our representatives have met with 17 financial services providers since the publication of the interim rule. These providers include financial institutions as well as nonbank entities, such as check cashers, automatic bill payers, and other financial services providers. In addition, we held an EFT 1999 briefing session that was attended by a number of financial trade associations. In partnership with the Federal Reserve Banks and the American Bankers Associations, we've reached over 1,000 financial institutions in nationwide seminars held since October 1996, and these seminars will continue through this fall. Part of our objective here, Mr. Chairman, has been to raise the level of awareness of the financial services industry to what's coming down the pike in respect to EFT 1999. In April of this year, we met with a group of Government vendors to discuss their concerns regarding EFT 1999. And since the passage of the legislation, we've worked closely with Federal agencies, the Federal Reserve, and financial institutions. We've seen tremendous momentum in converting benefit check payments to EFT. The Social Security Administration, for example, has seen its direct deposit enrollment rate nearly triple since its legislation went into effect July 26th of last year. This results from the laws requiring that all newly entitled recipients with bank accounts receive payments by EFT. From fiscal year 1996 year-end to mid-fiscal 1997, the percentage of all Treasury-disbursed EFT payments has increased 4 percentage points, from 53 to 57 percent of total Treasury disbursements. The immediate challenge that we're facing is publishing a proposed rule to implement the second phase of EFT 1999. Our goal in this rulemaking process is to develop policies that are simple, clear, and most importantly, effective in dealing with the difficult issues associated with mandatory EFT. We anticipate a mid-July 1997 release date for the proposed regulation, with a 90-day comment period, after which we'll put out a rule in final form. By far the most complex and controversial policy issue confronting us in our efforts to implement EFT 1999 is how to meet the needs of recipients without bank accounts. Under the existing Federal payment system, electronic payments may only be deposited into accounts at financial institutions that are members of automated clearinghouses. As a result, the population of Federal payment recipients without bank accounts is currently precluded from receiving the benefits of direct deposit. Secretary Rubin has made it one of his high priorities to encourage people without bank accounts to move into the financial services mainstream. And financial services providers offer many services that are critically important, if not essential, to virtually all American families. These may include access to federally insured deposits, the opportunity to earn interest on deposits, the availability of personal credit, and access to home mortgages. Some 40 million American households with incomes under $25,000 need these services. Many payments recipients without bank accounts have told us that the lack of reasonably priced financial services currently prevents them from moving into the financial mainstream. As a result, Treasury has devoted significant efforts to increasing the availability of low-cost banking services. Our Direct Deposit Too program encourages banks to offer a reasonably priced direct deposit account. Direct Deposit Too is based on a model account, based on debit card access with no minimum account requirement. And we've suggested this to banks as a low-cost alternative to traditional checking accounts. For recipients who are unable to obtain low-cost financial services through the private sector, Treasury is also developing a nationwide electronic benefits transfer system. We recognize that some recipients of checks will be unable to receive payments electronically because of their personal circumstances. In the proposed regulation, Treasury will solicit comments on the circumstances under which a recipient should be granted a waiver from receiving payment electronically. We will take into account not only geographic, physical, financial, and mental barriers, but other compelling circumstances. A major issue associated with implementing the mandatory EFT requirement is how we convert vendor payments to electronic funds transfer. Although vendor payments comprise only 2 percent of total Federal payments, they represent a much larger percentage of nonbenefit agency payments, between 10 and 30 percent depending on the agency. Vendor EFT enrollment has increased approximately 60 percent from fiscal year 1996 year-end to mid-fiscal 1997. However, the total percentage of vendor participation is still only 26 percent. Historically, vendors have been slow to enroll voluntarily in the EFT program, partly because of obstacles associated with disbursing electronic payments to vendors. One major challenge is that many vendors are not able to access the remittance information that's transmitted along with electronic payments. As a result, when payments are credited to their accounts, it may be difficult for them to reconcile their accounts receivable. This problem occurs because many small to medium-sized banks do not have the special software that's needed to translate to readable form the information that's transmitted with electronic payments. It's estimated that there are approximately 11,000 banks capable of accepting an electronic payment. Fewer than 1,000 can translate the remittance data into a readable form for their customers. We're presently working with other Federal agencies, financial institutions, and vendors to address these problems and develop low-cost solutions. I would like to discuss briefly one of the most significant aspects of our plan to implement EFT 1999. Aside from our other implementation efforts, we plan to conduct a comprehensive public education campaign to ensure that there's sufficient information available to stakeholder groups and the public about the requirements of the mandatory EFT legislation and about the benefits of electronic transfers. In fiscal 1997, we'll provide informational services to financial institutions to ensure they're operationally prepared for handling the increased demand for EFT services. In addition, we will continue our interaction with consumer groups, government vendors, financial trade associations, and other government agencies to ensure they're aware of the implications of the EFT legislation. We'll also roll out a nationwide public awareness campaign that will encourage check recipients to convert voluntarily to electronic fund transfer in advance of the January 1, 1999 deadline. In summary, the objectives of this campaign will be to partner with the private sector and other Federal agencies, to educate consumers to make good choices, and to minimize disruption to recipients while adding value to the way they conduct their finances. In conclusion, Mr. Chairman, the Treasury Department believes that this legislative mandate provides an important opportunity for us to provide the high quality of service that our customers want and need and at the same time to lower the cost to taxpayers. Benefit recipients have told us that they want to be able to receive their payments at points that are easily accessible and increase their safety and security if this can be done at a reasonable cost. Our proposed regulations will attempt to address these needs. We welcome, encourage, and look forward to the public comments that we will receive on our forthcoming proposal, and we look forward to working with the committee as we move forward on this initiative. Thank you, Mr. Chairman. Mr. Horn. Well, we thank for you that very full statement. [The prepared statement of Mr. Hawke follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. Now we welcome Mr. Catlett. Mark Catlett is the Chief Financial Officer of the Department of Veterans' Affairs, and we're glad to see you here again. Mr. Catlett. Thank you, Mr. Chairman. Mr. Horn. And the statement, you don't have to read it. It is in the record. If you would like to summarize it. Mr. Catlett. Yes, sir, I would. Mr. Horn. And we can get to questions. Mr. Catlett. Mr. Chairman, it is my pleasure to be here today on behalf of the VA to testify on the Debt Collection Improvement Act of 1996. I'm here today to provide you some insight into our electronic commerce activities with the thousands of vendors that we do business with daily that are vital to accomplishing our VA mission. The VA realized some time ago that EFT, electronic data interchange [EDI], and electronic commerce [EC] were the business solution to streamlining procurement and payment processes. As early as 1995, VA developed an electronic commerce strategic plan. I have a copy here. I will be happy to submit it to you for your information. Mr. Horn. Right. Without objection it will be in the record at this point. [The information referred to follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Catlett. In this strategic plan we identified a series of activities and improvements we sought to implement in order to bring about EDI and electronic commerce. With the completion of these improvements, the VA has met its goals as outlined in this plan. The VA now provides a number of alternative solutions for EC and EDI processing, including the use of the IMPAC card for micropurchases, and a prime vendor payment system for purchases of pharmaceutical and hospital supplies. In combination, EDI and EC alternative solutions have led VA to be one of the leading agencies in promoting EC solutions for acquisition, finance, and payment-related processes. Currently, VA processes 30 percent of its invoices, 99.6 percent of its receiving reports, and 49 percent of its vendor payments electronically. Through development of EFT payment capabilities and enthusiastic promotional efforts, VA has been highly successful in significantly increasing the number of payees receiving salary, travel, and benefit payments. Through the EC and EDI processes, programs currently in place, and the significant enhancements scheduled for the immediate future, VA offers a comprehensive EC/EDI/EPT program. All of these electronic commerce activities have resulted in a reduction of close to 10 million paper transactions annually for the VA. In 1990, we were transactioning paper mostly at our finance center in Austin and at our medical centers primarily over 11 million pieces of paper. We hope by the end of 1997 to be at about 1.3 million pieces of paper. This has obviously benefited the VA. We believe it has also benefited our trading partners and the various payment recipients. We are in a position to implement, essentially meet the mandatory requirements of the act of all electronic payments by January 1999. I will just add a few other updates and highlights of our activities to give you some sense of the activities that we have underway. In EDI, the VA utilizes a full EDI cycle for the procurement and payment process. At the end of April 1997, VA had 485 trading partner relationships, primarily our largest trading partners, established with vendors wishing to receive electronic requests for proposals to submit their offers. During fiscal year 1996, the VA received 180,060 EDI invoices, not including our credit card activity. Our Austin Finance Center staff worked closely with Treasury's Austin Regional Finance staff to implement the first application of the American National Standard Institutes X-12 820 payment instruction and remittance advice. By the end of fiscal year 1996, over 40 percent of VA payments were issued as EDI payments. To promote and enhance EFT participation in May 1997, the VA mailed letters to over 50,060 of our 200,060 vendors currently receiving paper checks. To date, we have had positive responses from almost 11,060 of those vendors. In June 1997, this month, VA will contact a second group of 50,060 vendors. The process will continue until all vendors have been contacted and enrolled. The IMPAC Visa purchase card is used almost exclusively now in the Department for micropurchases, those purchases under $2,500. We have had great expansion in this past year. At the beginning of fiscal year 1996, less than 1 percent of our micropurchases were done on purchase cards. As of April 1997, we're over 90 percent. This is due largely to VA's internally developed credit card system which has made it convenient for our employees as well as for the vendors. This system electronically processes all VA's Visa transactions. In the month of April, 140,060. The transactions are posted to our accounting system automatically, and, of course, electronically remits payments to the bank card contractor. VA has received $2.7 million in rebates, and has been recognized for this credit card system, with the Hammer Award by Vice President Gore. Further, Mr. Chairman, we intend and have begun to expand this activity to our Prime Vendor Alternative Payment Program, which will streamline VA's multibillion-dollar prime vendor payment process. Using a payment system based on the credit card system I have just mentioned, VA can now accept an electronic transfer file for prime vendor transactions, post those transactions to our accounting system, and, again remit the electronic payment to the contract bank. Thank you for this opportunity to share our views and innovative initiatives on electronic commerce as it relates to the Debt Collection Act. Mr. Horn. Well thank you very much Mr. Catlett. [The prepared statement of Mr. Catlett follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. Could you tell us, is there any experience we have in terms of auditing where electronic data interchanges are more difficult to audit than paper ones? What do we know about that when it gets--have you had any chance to even look at possible fraud, that kind of thing? Mr. Catlett. Mr. Chairman, I'll get that for the record. In general, I know our Inspector General has begun to look at this issue as we have expanded greatly, particularly in the credit card area. The general information that I have for you today is that there is less fraud and less chance for abuse in that program. I don't believe we have an official report from the IG, but they have done some preliminary investigative work, and I'll be glad to provide that for the record. [The information referred to follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. Good, I'll appreciate it. I would be glad to receive for the record what I thought you would answer, and you did. I also need to know if there are problems and what we need to do in that area to solve them. Now, let me get back to the questions with Mr. Hawke, and then we'll pursue questions with all of you. This question relates, Mr. Secretary, to the unbanked. Most ATMs have a $300- per-transaction cash limit, while Social Security checks average about $700. How does the Department of the Treasury propose to ensure that the beneficiaries will not have to go three times to the ATM to withdraw their money if they need it immediately with all the hassle, the delays, and the costs that that entails? Mr. Hawke. Well, that is a problem, Mr. Chairman, that we're very concerned about. We would never create a mandatory account that would prevent a recipient from getting all the cash they need. There is of course, a security feature to those limitations on ATM disbursements as well as a kind of a logistical reason for them. But that's one of the questions we are going to be addressing as we try to formulate the specifications for the account that we will provide. I think it's important to remember here that many recipients will be choosing accounts at a financial institution of their choice. And we're trying to encourage as much competition among the financial sector as possible to offer consumers voluntary choices of accounts that they can opt into the way they do today. So the forces of competition will play a role here. What we're most challenged by right now is how we fulfill our mandate to assure that everybody has access to an account. And that's the option where we will probably be going out and procuring account services. We will write the specifications for that account, and this is one of the issues that we'll have in mind very much when we do that. Mr. Horn. One often reads about fraudulent activities that occur are really--people that prey on senior citizens at the time the check is coming. Now, I don't know if the ATM helps deter some of that, since I guess they can stand there and file it several times to get all the cash out of the account. But sometimes tellers, when they see people in the bank, can spot that type of thing and sort of alert people that one is withdrawing under pressure what's in the account. Has much thought been given to that? Mr. Hawke. Not to that specific issue, Mr. Chairman. But we believe that, generally speaking, an electronic account is going to be more secure and provide more protections for recipients than the present paper check. Today the recipient of a check is forced to convert that into cash all at once. And they take the risk not only of theft of the cash, but loss of the check and forgery and alteration. In the electronic environment, we would hope that we can structure an account, and that the private sector institutions will offer accounts that will encourage thrift; that is, will encourage individuals to leave their funds in the account so that they're not forced to take them all out on the first day. And that not only provides a security feature for the individual, but also is one of those factors that's important in trying to get the unbanked people into the banking system, make them accustomed to using bank accounts and comfortable with that. Mr. Horn. Well, I think you're absolutely right. I think a lot of theft goes on when those checks arrive, right out of mailboxes. And this way you would at least know the money is automatically deposited in your bank account. And I must say my bias is I can't believe someone wouldn't want it deposited in their account and not waste their time as we used to to have to go to the bank, put the check in, and all the rest of it. So if we want to protect senior citizens, I would think this is the way to protect them. Later witnesses will argue that only federally regulated and insured institutions be permitted to be the conduits of electronic Federal payments. This would have the effect of excluding certain businesses, such as check cashing firms. These firms have the infrastructure in place in many poor neighborhoods with no banks, but many assert these firms engage in predatory practices. What's your reaction to this? Mr. Hawke. Mr. Chairman, I think we need to determine who can be the conduit; that is, who can have the relationship with the recipient, and what kind of institutions we can deliver payment to. Right now we can only deliver payment to institutions that are members of automated clearinghouses. That essentially means depository financial institutions. Just as with paper checks, there's a limit to what we can do to restrict the arrangements that an individual makes once the funds come into the possession of the individual. An individual who receives a check today, can take that check and cash it at any place they want or do whatever they choose with it. So, by analogy, there are limitations to what we can do with respect to an individual's ability to engage in other relationships once the payment goes into an account. Now, we do feel rather strongly that as far as the account that we're concerned about what we've come to call the default option, that is the option that we provide for recipients who don't have a bank account and haven't chosen one of their own, that those should be in federally insured and regulated financial institutions to provide the maximum safety for those individuals for whom we are providing the account. As I say, the arrangements that individuals make with other parties with respect to the treatment of that account once the funds are in there in the individual's names is something that we probably have very little ability to affect. Mr. Horn. This question concerns the proposed benefits security card, Vice President Gore's proposal, as we know, to have all Federal benefits on a single card. Have you considered whether some seniors or veterans would not want their payments associated with the concept that might imply public assistance payment or welfare benefit, and might that damage acceptability of the card? What's your thinking at this point? Mr. Hawke. Yes. That is a concern that we are aware of and sensitive to and we haven't decided exactly what the interaction will be between the EBT programs and the EFT program. There are lots of reasons why we might not require a Federal recipient to use the benefit security card. For example, the benefit security card is a medium for transmitting, in many cases, family benefits like food stamps, where they're available to a number of members of the family. But in electronic funds transfer, the transfer has to be made to an individual who is the designated recipient of that payment. There may be different features in the default option account that we provide that would lead us to want to make that available rather than forcing people onto a benefit security card. But that's an issue that we have very much in mind. Mr. Horn. Mr. Catlett, has the VA given any consideration to this idea of the proposed benefits security card? Since you have a number of benefits to render, I just wonder how you feel about it at this point? Mr. Catlett. Sir, we estimate about 9 percent of our beneficiaries are unbanked at this point. We have not looked at those specific issues in detail that we have addressed here. In general as an option, I endorse the idea that the safety and convenience is something that we ought to promote with our veterans. We have some issues there in terms of thinking that all 130 percent of our veterans will be able to be electronically receiving payments by January 1999, but we are making great progress in expanding the number who are participating in the EFT program. Mr. Horn. Has the Chief Financial Officers' Council looked into the benefit security card in any way? Is there a subgroup or task force? Mr. Catlett. There have been discussions, and I know Marty has been to the council speaking to us about that. Mr. Horn. Do you want to add anything, Mr. Wagner, just to the benefit security card, the degree to which it's being considered in the executive branch? Mr. Wagner. The specific issue of stigma, I'm going to have to do some thinking about it. My top-of-my-head reaction is you're looking for a delivery platform that's a single face delivery platform to deliver multiple services, whatever they may be. And it sounds to me like there's a real risk. But the way to deal with it is you address it as a broad-based solution rather than just an extension of a welfare or a food stamps program. But I think I have to go back and discuss that potential issue. That could be--the way it's perceived. It's also an empirical question, what they really feel rather than what people say they feel. We'll look into it. Mr. Horn. Thank you. Mr. Secretary, the issue of cost has emerged as a key issue concerning the implementation of the EFT law. How will cost be apportioned between the Treasury, vendors who provide EFT services via contractor relationships, and recipients of Federal benefit program payments? Mr. Hawke. Well, Mr. Chairman, with respect to what I call the default option, that is the account that we will procure and make available to those unbanked recipients that don't otherwise choose their own account, we don't view that as a subsidized account. That is an account where we will set the specifications of the account in the invitation for bids. And we'll get competitive bidding from companies that will offer this with the expectation of getting a substantial volume of payments. Our mandate under the statute is to make sure that that's a reasonable cost. But there is no mandate for us to subsidize an account. And we're concerned about what the effect of that would be. Ideally, the private sector would respond to this new initiative with a wide variety of account configurations that would be of appeal to people who are receiving electronic payments. And first off, we would like to see the processes of competition work. If we come out with a subsidized account, it may undermine that process. So we have to be very careful in that regard. Mr. Horn. Your testimony briefly mentioned the disincentives in the Prompt Payment Act to use EFT for vendors. Could you describe some of those disincentives? Mr. Hawke. Well, the principal problem with respect to vendors is the problem of transmitting payments information along with the payment. Particularly larger vendors, who are recipients of a lot of payments, are going to have difficulty identifying a particular payment to a particular invoice. And that's the major problem that that's inhibiting us from moving ahead on the vendor side. When electronic data interchange becomes more readily usable, we think that problem will tend to disappear. Mr. Horn. Mrs. Creque, who represents the American Association of Retired Persons, AARP, and who will be a witness after this panel, notes the possibility of nursing homes or other institutions with the financial interest in payees being designated as an authorized payment agent. Have you looked into this possibility? Mr. Hawke. We've been considering that possibility. And there are presently arrangements that the Social Security Administration sanctions with respect to the designation of third parties to receive payments on behalf of individuals who are incapacitated or the like. We don't propose to change those or really expand those relationships at all. Again, we believe that our mandate is to transmit funds to an account in the name of the individual recipient. And in cases of particular hardship, we would grant waivers, where appropriate, to allow an individual to continue to receive a check. Mr. Horn. Now, I'll ask you the question that I asked Mr. Wagner. In April, the Subcommittee on Government Management, Information, and Technology held a hearing on the Debt Collection Improvement Act of 1996. At that time, I asked Jerry Murphy to examine with GSA whether an administrative offset feature could be incorporated into Federal credit card systems to offset Federal payments to deadbeat vendors who are delinquent on Federal debts. These cards will be accepted by millions of vendors, some of whom will owe money to the Federal Government. These payments will represent $30 billion in disbursements over 5 years. Is there any progress on that front? Mr. Hawke. I think Mr. Wagner said about what I would have said on that question. We've asked GSA to build into the new card the capacity for offset, and we're working with them to try to see how that could best be done. Mr. Horn. Well, we thank you. And we move now to Mr. Catlett for a few questions. And your testimony noted that 49 percent of the vendor payments are processed electronically. That compares with a mere 12 percent governmentwide. This was accomplished in an organization where each hospital director jealously protects his or her turf. Do you have any feeling why other agencies haven't been as successful as the VA? Or does modesty keep you from answering that question? Mr. Catlett. Mr. Chairman, I would like to answer that question from our perspective. Mr. Horn. Yes. Mr. Catlett. Which is, I believe, one reason, as you recognize, we do have activities across the country. But some time ago, before we even reached electronic payments, had centralized the process in our financial transactions. So that clearly has given us a capability. All this information, as I noted, nearly 130 percent comes electronically from the facilities now to our center in Texas. And that's been the focus of our activity, to develop these relationships with our trading partners and with the vendors. As I mentioned, there were 485 where we have full process. We've gone after the largest ones first. Despite having hundreds of facilities, there are several hundred companies that probably do 80 percent. It's the 80/20 rule here; 80 percent of our business, probably, with the top 20--clearly with the top 20 percent of our 200,060 vendors, and I'm sure it's higher than that. So we've been able, through having a centralized activity, to address the industry in that way. Mr. Horn. As the VA have shown, if management makes the electronic payments a priority, it can dramatically increase the volume of electronic payments. What leadership has the CFO Council provided in the area of electronic payments? Mr. Catlett. The CFO Council you're speaking about? Mr. Horn. Yeah. Mr. Catlett. The--we have a--1 of the 12 subcommittees that work on issues regularly and routinely in the--for the Council has identified this as an issue. Actually, the--my Deputy, the Deputy CFO for the VA, has been the chair of that group and has led that activity. So we are--there are regular activities or monthly reports to the CFO Council on this. We designate this. And I can't say exactly. We've had our annual retreats over the last 4 years now. And 2 or 3 years ago this was identified as one of the areas that needed attention. And so once I've identified that and we establish a subcommittee, the work of that subcommittee has proceeded and has been regularly reported to the Council. So it's been designated as a high priority in the CFO Council. Mr. Horn. OK. I understand you're the legislative chairman in the Council? Mr. Catlett. Yes, sir. Mr. Horn. Any pitches you want to make while you're on the record. Mr. Catlett. No, sir, not at this moment. Mr. Horn. OMB can't do anything to you since I asked you the question. Mr. Catlett. Thanks for the offer, but I'll pass for the time being. Mr. Horn. Your testimony also mentioned that your 10 million paper transactions have been eliminated. I think we'll all give a cheer to that. That's a lot of paper, a lot of trees saved. The Sierra Club ought to be giving you an award, I think, or Secretary Brown, as he leaves. Has this allowed you to downsize and re-engineer the accounting department? Mr. Catlett. Yes, sir. I was thinking about coming up when the National Performance Review identified the 252,060 reduction in staff was identified, I was skeptical at that time. They were identifying 50 percent for personnel, finance, procurement, having worked in this job for 4 years and realized what we have been able to do, I think that is a realistic goal. We have not reached the 50 percent goal yet, but we will be able to do so. There are more activities for us to centralize in terms of processing our financial and procurement activities. So it is very possible that we are well on our way to meeting that goal. Mr. Horn. Well, that's a very impressive record. And I guess I'd ask you how active you've been on making these vendor payments electronically? And do people in other agencies come to you since you have a success story here and say, OK, how did you get it done? Mr. Catlett. Yes, sir. In the past 6 months GSA and DOD have been to our Austin Finance Center to look at our financial management processes. I think, even DOD's CFO, Mr. Hummer, has been there as well. And I can provide for the record those others who have been there. I'll make a little plug here other than legislative. Obviously we have two interests here. In that consolidation going on, we are a franchise activity, hoping to sell those services, cross-service other agencies with that. But we, of course, as well are introducing them and sharing with them our technology and our practices and processes down there that they may want to emulate. [The information referred to follows:] Visitors to the AFC Veterans Canteen Service--Art Austerman VHA MCCR--Barbara Mayerick VHA HAC--Director and IRM staff member Social Security Administration--John Moellar Treasury Financial Management--Central Office Federal Communications Commission, Washington, DC VA Foreign Services Officer--Diane Fuller. VAMC San Antonio, TX--Chief of Subsistence, Chief of Supply Services, Fiscal Officer, and Chief of Accounting. Department of Defense--Dr. John Hamre, Under Secretary of Defense, Comptroller and CFO; Col. Derald Emory, Military Assistant to Dr. Hamre; Bruce Carnes, Deputy Director for Resource Management, DFAS; Ron Good, Office of the Deputy CFO. Department of Agriculture (USDA)/National Finance Center (NFC)--18 visitors. Department of the Army, Ft. Sam Houston, TX--Lt. Col. Gloria Kitsopoulos, Denise Johnson, Joe Demariano. Immigration and Naturalization Service (INS), Dallas, TX--3 visitors (Assistant Director for Finance was one). USMC (Retired), Okinawa, Japan--Colonel Roberts. Mr. Horn. As I understand it, now, of the 39 million benefit payments, slightly more than half were made electronically. And that mirrors the rate, as I understand it, governmentwide. Is that your approximation? Mr. Catlett. We're now over 60 percent. In the past year we have made some increases. We've been canvassing. Mr. Horn. Why has the VA's success with converting vendors not been equaled with similar success on the beneficiary side? Mr. Catlett. Right. And, well--for our employees we are at 94 percent, which I think is comparable. We have recently gone to--the 50 percent number that you are speaking to was a number I was familiar with. Frankly, until I was preparing for this hearing, and in the last year, we have increased it at another 10 percent. We have been doing outreach. We have been stuffing checks to our veterans and making our pitches to the convenience and safety of the program. And there's been a response and an increase here in the past year. Mr. Horn. Let me speculate. Is it because you as CFO have the authority over vendor payments, but the VA Benefit Administration is less helpful with respect to beneficiaries? Mr. Catlett. No, sir, that is not the case. Mr. Horn. You're going to defend them. Mr. Catlett. No, it's more than a defense. They have been very active in this. It's their cost that they save. They, like all the rest of us, want to reduce their costs as well as providing excellent service to veterans. There is safety and convenience for veterans that they believe in, and they are promoting and assisting us. They have staff very active in making outreach efforts to veterans. But as I have said, it is their mail costs that we are saving as each recipient agrees to receive an electronic payment. Mr. Horn. So you think there is cooperation and there will be progress in this area? Mr. Catlett. Yes, sir. I mean, again, this is a cohort of the population that I think that are--you know, the older Americans that are--as we at least intuitively say--will be those that are most difficult to convert, particularly as you get to the final numbers. Mr. Horn. The last question is for Mr. Hawke. You note that only 1,060 out of the 10,060 financial institutions are capable of using financial EDI or electronic data interchange. That seems low, especially when we're asking citizens to increase the use of technology. What's Treasury planning to do to get the banks up to speed in this area? Mr. Hawke. Well, we have been working with the banking trade associations on this problem. And in part, it's a question of getting the proper software installed and getting the right systems installed. I think progress is going to have to be made toward this. This is the wave of the future. And banking institutions that want to really provide the services that their customers are demanding, are going to have to come along with this. However, in smaller banks where they don't have the software and systems capacity right now, progress is a little slower than we would like. Mr. Horn. I would think they would leap at the opportunity of having a check deposited and sitting there for days before somebody might use it. And we all know what they can do in gaining a little interest over the weekend. So I'm sort of amazed if they aren't jumping at it. What's your reaction? Do you think---- Mr. Hawke. Oh, I agree. Just as a general principle, we would like to see float eliminated from the payment system; but, in effect, float is going to be the mechanism for absorbing a lot of the costs that might otherwise be passed on to customers here. Mr. Horn. Well, I thank you all for coming. Mrs. Maloney, who made our quorum, told me she has no questions for you. She's going between four or five meetings this morning, as we all are, and the full committee will be meeting shortly. So we thank you. Mr. Catlett. Thank you. Mr. Horn. And you all did a good job, and we appreciate having the latest information on this since we think this is a tremendously important opportunity. Mr. Hawke. Thank you, Mr. Chairman. Mr. Horn. We're going to call one witness out of order, because she has a plane to catch, and we are never sure between bells ringing on the floor or in committee when we're going to have to leave. So if Marcelyn Creque, the volunteer director of the American Association of Retired Persons, will come forward out of order. Ms. Creque, if you would just stand, we'll give you the oath. All witnesses here are under oath. [Witness sworn.] Mr. Horn. OK the witness does affirm. We're glad to accommodate you. Where are you going back to today? Ms. Creque. Chicago, just for tonight. Then I'll be off for North Dakota tomorrow. Mr. Horn. Well, I hope things are coming along out there. That's a sad situation. Ms. Creque. Yes. We have been actively involved in helping people try to restructure their lives. STATEMENT OF MARCELYN CREQUE, VOLUNTEER DIRECTOR, AMERICAN ASSOCIATION OF RETIRED PERSONS Ms. Creque. Mr. Chairman and members of the committee, AARP appreciates this opportunity to present our views regarding the impending implementation of mandatory electronic funds transfer or EFT. My name is Marcy Creque, and I am the regional volunteer director for AARP's Midwest region. On behalf of the association, thank you for drawing attention to this important issue. Mr. Chairman, AARP has been active in the debate regarding mandatory conversion to EFT prior to the enactment of the law, and we were pleased to work with you on this issue. While we recognize that direct deposit was a desirable option for many, the association did not favor mandating EFT for all recipients of Federal payments. We believed and still believe that this would impose undue hardship on many recipients. Congress made a decision to go ahead with EFT, however. Since it did, we were pleased that a hardship exemption and other provisions were included in the act in response to concerns raised by AARP and others. We want to work with this committee and the administration to ensure that the transition to this paperless system is as smooth and painless as possible. But this system must be designed to work for Federal payment recipients, not for the convenience or profit of financial institutions. Today, I want to talk about who is affected by mandatory electronic funds transfer and summarize a few of the major points that are discussed in our full statement. We have elaborated on these points in comments submitted to the Department of the Treasury. First, who will EFT affect? The Treasury Department estimates that over 10 million recipients of Federal payments are unbanked; that is, they do not have bank accounts. Some 80 percent of these persons are recipients of Social Security, veterans' benefits, or other Federal retirement pensions or payments. According to the latest survey of consumer finances, some 9 percent of families headed by persons over age 60, about 2.5 million families, have neither a checking or savings account. What do we know about these families? The survey tells us that the incidence of older families age 60 and older without checking accounts is heavily concentrated among those with incomes below $10,060 and those headed by older women and minorities. The survey also notes that families without bank accounts tend to have lower educational levels. Another source found that households with deposit accounts average 12\1/2\ years of education, compared to only 10 years for households without deposit accounts. Literacy and familiarity with banking technology will become critical factors as large numbers of persons are required to use ATMs and point-of-sale [POS] terminals for the first time to access their benefits. Among those age 65 to 74 without checking accounts, difficulties in managing and balancing accounts are one of the chief reasons for not having one. About 33 percent of Social Security recipients and 68 percent of Supplemental Security Income recipients do not receive benefits via direct deposit. The State of California, Mr. Chairman, is one of several where Social Security recipients who receive their benefits by checks are heavily clustered. Given the vulnerability of so many of the unbanked, AARP has encouraged the Treasury Department to take the following actions. First, define ``authorized payment agent,'' preferably through a separate rulemaking. The definition should provide for accountability and assure the safety of recipient funds. Recipients in areas lacking banks are often forced to use alternative check-cashing outlets or other options that may charge up to 25 percent or more of the check's face value. Personal safety can also be a concern with such operations. Businesses that lack adequate consumer protections and promote predatory lending practices should not qualify to participate in EFT. Second, limit the use of transaction and account fees related to EFT. Banks and businesses cite as a major concern the cost of EFT systems implementation. While AARP recognizes that some investment will be necessary to adapt services to the unbanked population, we are concerned that these costs not be simply passed on to new customers who will be forced to use EFT under the Treasury regulation. Many of these persons cannot manage any additional charges. According to the Treasury, Federal payments must be made by electronic transfer by January 1, 1999. That will amount to more than $240 billion annually. Given the advantage of the float and paperless deposits, financial institutions must not be allowed to impose unreasonable fees for receiving Federal EFTs. Third, requires financial institutions to offer minimal banking accounts with specific consumer protections. Such accounts should address the needs of persons currently without bank accounts. Further, these accounts should not label or stigmatize the account or account holder as a less desirable part of the mainstream banking system, which AARP believes may be the effect of Treasury's recent proposed rulemaking regarding EBT. Many seniors, veterans and Federal retirees correctly equate EBT with State-administered public assistance, which the Congress expressly excluded from the Regulation E banking protections. Mandatory EFT accounts, however, will have Regulation E coverage. Given that Congress has spoken on EBT, it is incumbent on Treasury to ask Congress for authority to reclassify mandatory EFT accounts as EBT and prevent any undue recipient and regulatory confusion. Fourth, ensure hardship waivers especially where current service needs are not met. Waivers should not be reserved only for the most extreme cases, but should apply to anyone who truly will suffer a hardship according to their individual situation and condition. Finally, provide adequate public education and notice about the impending change. Each Federal payment recipient must be notified repeatedly well before January 1, 1999, in mailings containing benefit payments and other forms of communication that future payments will be made by electronic funds transfer. The notice must explain in plain, simple-to-understand language, including a Spanish translation, what electronic funds transfer and related terminology means, since many recipients will be unfamiliar with these terms. In conclusion, AARP believes it is critical that basic consumer protections be in place well before January 1, 1999. This is particularly important for those recipients of Federal payments who do not currently have bank accounts. Federal payments may be the primary or sole source of income for these unbanked consumers. Therefore, Congress and relevant Federal agencies must ensure that these individuals are protected from unfair, deceptive, or abusive practices as well as from a reasonable hardship. AARP stands ready to work with you in this critical endeavor. Mr. Horn. We thank you for that very detailed and thorough statement. [The prepared statement of Ms. Creque follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. Since our family is a member of AARP, I should say that on the record this next statement does not represent that membership. It's just a thank you, because your staff worked very closely with our committee staff in developing the consumer protection report language that we had. And we look forward to working with you and other senior citizen groups, there's a number of them, in terms of protecting all our citizens from unreasonable fees. So we share that concern. I think electronic transfer will save thousands of senior citizens from being robbed every month of their benefit payments. And they--this is the way you protect them. And---- Ms. Creque. Except---- Mr. Horn. We don't want unintended consequences to go, but I think, frankly, hundreds of millions of dollars will go to senior citizens, not crooks, after this is done. Ms. Creque. Agreed. But we do have some concerns currently about the locations of ATMs. Some are in isolated lobbies. Many are right out on the sidewalk. Finally, we have to also take into consideration some of the problems that we have as we grow older; our eyesight, arthritic fingers. So we do have some concerns about safety. Mr. Horn. As a senior citizen, I understand that. Are you concerned that the banks will have a monopoly on the 10 million new clients represented by those individuals without bank accounts? What's your feeling on that? Have you looked at that as to how many people actually have bank accounts that are in your membership? Ms. Creque. We did look at the number of people in our membership that had direct deposit and what their experience had been with direct deposit. And some of their experiences involved errors in transmission and a long period of time it took to resolve those errors. When your income is based solely on that payment, you cannot afford a lengthy period of time to resolve those errors. So that is one area that we have looked at. Mr. Horn. This was an error in the amount of deposit that had come through electronically? Ms. Creque. The amount of deposit that either came through or the account to which it was deposited, because, you know, transposition of one number can create quite an error. And the other thing that occurs with seniors is trying to resolve that type situation. They encounter another piece of electronic equipment called voice mail, which they literally-- -- Mr. Horn. It frustrates me every day, and I didn't have to hit 66 to be frustrated. I was frustrated by that years ago. Ms. Creque. That's another point of frustration in trying to resolve the errors, because sometimes they get caught in a catch-22. The bank says, our records show this. You go back to the originator. So there is some difficulty. But one of our concerns pertaining to the banking industry, if people are mandated to accept EFT transfers. We don't want them to be stigmatized; and that can be done in many ways. It can be subtle. For example, people could be assigned to use a specific ATM machine, or they could use different colors of ATM cards, and we do not want to subject any of our senior citizens or any citizen to that type of indignity. Mr. Horn. Well, I think you're right. And I think, frankly, a bank that is aggressive and wants to serve its clientele will do what you're talking about and make sure there's security there and 20 cameras focusing on various angles of that ATM, so if anybody does make mischief, there's a fairly good record of them. And I think that would assure a lot of senior citizens about the security. I think, let's face it, senior citizens, correctly in many cities, are worried about going out at night. Ms. Creque. That is true. Mr. Horn. And it isn't just senior citizens; 25-year-old people are worried about going out at night in an ATM, as you suggested, in a dark area. And this is where people have to call--that's a good thing local AARP people can do, because a lot of them are looking for things to do. They can go sit down with the bank president, say, look, this doesn't make any sense. What can we do to get this thing in a place where you serve people and they don't have to fear for their life? Ms. Creque. We agree. And that could be done under what we call our connections project. Under Connections, we know that seniors want to remain independent, so we provide services like the banking service, writing checks to help them remain independent. Mr. Horn. What are your organization's plans to conduct an education campaign regarding direct deposit? What are you planning to do on that? Ms. Creque. First, we would work with the committee to set up the instruction campaign. Then we have various outlets available. We currently have a couple of programs addressing financing and telling people how to write checks and how to manage their finances. It would be undertaken like any other program that AARP would undertake. We would train people to go out and speak before senior centers. We would have meetings. And through our many publications, we would alert seniors to what is coming up. And then we have the one-on-one volunteer services that would be available. Mr. Horn. Yes. I would think Modern Maturity has about 33 million people, or is it more than that now that it goes to? Ms. Creque. The membership of the association is about 32 million. Mr. Horn. Thirty-two. They all get a copy of Modern Maturity, right? Ms. Creque. Right. Plus the bulletin. Mr. Horn. Yes. A couple of full pages there on direct deposit, maybe the cover, direct deposit. You can't miss it. You at least look at the front cover or the back cover. And I think that would be a great service to everybody in terms of educating them. At least it's a start. Would you like to respond to any of the issues that you heard from the three Government witnesses? Ms. Creque. I was interested in the Treasury Department--in negotiating these accounts with the bank, and our concern about the possibility that you could have ATMs in nursing homes and assisted living facilities. Our concerns are from the standpoint there is no protection for the consumer. An employee could abscond with the money, or a concern go bankrupt. So we are concerned that these agencies be both federally regulated and federally insured. Because if your total income is coming from the Government, you cannot afford to become a party to a bankruptcy action, for example, and wait for your money. Mr. Horn. Regarding your advice concerning check-cashing firms and their role as a possible payment agent, would that be true if those check-cashing firms offered a more reasonable or cheaper and more convenient service to its customers? Ms. Creque. Again, we would be concerned about protection of the consumer and the transmittal of the money to the check- cashing agencies. By the way, with this EFT-99 service as it's proposed, with the debit card of the ATM, seniors would incur not only ATM expense after the first debit card withdrawal, but in taking care of their living expenses. They cannot pay in cash in some instances. So they're going to have to go somewhere, whether it's back into the bank or to a check- cashing agency, to get money orders or checks, because their account as it's currently set up does not give them check- writing privileges. Mr. Horn. In our looking at the welfare problems around the country, we found billions of dollars that were being misspent, and some of it was related to checks, being able to go to a bar, for example, and the bartender cash the check, and obviously the person bought quite a bit of alcohol before leaving the bar, so they didn't have much left on the rest of the monthly benefit payment. And so you raise legitimate questions here on some of the circumstances of these firms and where they're located and why that might be disturbing to a senior citizen or anybody that doesn't want to get into a lot of trouble just by going through that door, because that's the only place you can cash a check. So how do you suggest we deal with that problem? Ms. Creque. Again, we're looking for institutions that will be regulated. And there has to be some criteria set up and really a good look at all of the participating institutions. There will be a lot of people, like when welfare reform occurred, that want to hop on the bandwagon because they see an opportunity to make some money for their businesses. Mr. Horn. Yes. Ms. Creque. But our No. 1 concern, is that for many people, 90 percent of their household income is a Federal payment, like Social Security. They're living from hand to mouth. They cannot afford a loss of their money. And the other thing, Mr. Chairman, to be realistic, there are group of senior citizens and some younger people that will never accept electronic funds transfer. You have some seniors who are a carryover from the Depression when banks failed, and they don't trust banks. You also have the language barrier problem. Somehow, people want the money in their hand; they want to count it. Another aspect is we still have a group of people that go and pay bills in person. They need to see that transaction. They need to have that piece of paper in the hand that says this has been done. So I think we need to be mindful of that. Mr. Horn. Well, I grew up in a household that had exactly those views, and I'm well aware that you're right when you talk about people who have lived through the Depression and had mortgage foreclosures and everything else. They're not going to take any chances. But I think also when the chips are down, electronic deposit is a safer way to make sure their money is deposited than the way it is now for the average system. Ms. Creque. Agreed. Mr. Horn. And that's how we want to educate them. Ms. Creque. With some training, as you know, because many seniors do not readily accept something just because it's new. Mr. Horn. Yes. Ms. Creque. You have to prove to them what the benefits are when accepting it. Mr. Horn. And that's where the AARP can be most helpful. Well, we thank you for your testimony. It has been very helpful, and we wish you well on the trip. Now the full Committee on Government Reform and Oversight has scheduled a meeting this morning, and under the rules of the House, the subcommittee cannot conduct its hearing once the full committee has come together. So we're going to recess until 2:30 p.m., here in this room, I believe. Hopefully the full committee will have quit by that time. And so the three other witnesses we have, Elliott McEntee, the chief executive officer for the National Automated Clearinghouse Association; Dina Nichelson, president of the American League of Financial Institutions; and Margot Saunders, managing attorney, National Consumer Law Center, we will start precisely at 2:30. And we're sorry we can't finish everything in the morning, which I think we might have, but the rules of the House are the rules of the House. So we're in recess until 2:30. [Whereupon, at 11 a.m., the subcommittee recessed to be reconvened at 2:30 p.m. the same day.] Mr. Horn. May I ask our witnesses to rise and raise your right hands. [Witnesses sworn.] Mr. Horn. All right. Recess is over. It is approximately 2:49, and the Subcommittee on Government Management, Information, and Technology will come to order. We are delighted to have here the witnesses in both panels two and three, and one is Ms. Nichelson, the president of the American League of Financial Institutions, and another is Elliott McEntee, chief executive officer, National Automated Clearing House Association and Margot Saunders, the managing attorney for the National Consumer Law Center. Why don't we just go down the line in alphabetical order, Mr. McEntee. Welcome. Please give us your testimony. STATEMENTS OF ELLIOTT McENTEE, PRESIDENT AND CHIEF EXECUTIVE OFFICER, NATIONAL AUTOMATED CLEARING HOUSE ASSOCIATION; DINA NICHELSON, PRESIDENT, AMERICAN LEAGUE OF FINANCIAL INSTITUTIONS; AND MARGOT SAUNDERS, MANAGING ATTORNEY, NATIONAL CONSUMER LAW CENTER Mr. McEntee. Thank you, Mr. Chairman, and it is a pleasure for me to be here testifying on behalf of the National Automated Clearing House Association on the Federal Government's EFT mandate. Last year, the Congress approved legislation that would achieve three major objectives: Significantly improve services that the Government provides to its citizens; substantially reduce the cost of sending payments to individuals and businesses; and set the stage for improving the competitiveness of the United States in the world marketplace. During the next 5 minutes, I will explain why the EFT mandate will achieve these objectives. Requiring the Federal Government to send payments to individuals by direct deposit will result in substantial benefits to consumers. Direct deposit is the safest and most convenient way to receive funds. With direct deposit, payments are not lost or stolen. In the 20 years the Social Security Administration has offered this service, not a single direct deposit payment has ever been lost or stolen. In contrast, thousands of payments made by check are lost, stolen, and forged every month. With direct deposit, consumers have access to their funds at the opening of business on the payment date, and interest begins to accrue immediately, if the money goes into an interest bearing account. Because of these benefits, over 80 percent of all new Social Security recipients are voluntarily signing up for direct deposit. How will consumers that do not have a bank account react to receiving Government payments electronically? To answer this question let's look at the recipients of food stamps and welfare payments in those States that provide those benefits by electronic funds transfer. Several surveys have shown that over 80 percent of the consumers participating in EFT programs prefer this method of payment compared to receiving paper coupons and paper checks. Up to 500,060 companies that sell goods and services to the Federal Government will be required to receive their payments electronically. In addition to the benefits I just described for consumers, companies will be able to receive the remittance information that is needed to reconcile a payment in electronic form. This will enable companies to substantially reduce the cost of reconciling the payment. The Federal Government will also benefit from the EFT mandate. The cost to send payments will decrease by over 90 percent, according to the Treasury Department. The expense of researching lost and stolen payments will be eliminated. For every dollar that the Federal Government saves in this manner, we move one step closer to balancing the Federal budget, without reducing services to the public. The United States is a recognized world leader in using electronic technology for thousands of applications. Unfortunately, sending and receiving payments is not one of those applications. Almost 80 percent of the noncash payments made in this country are made by check. In contrast, in many of the countries that we compete with, electronic payments are used far more frequently than checks. If electronic payments usage in the United States was the same as in those countries, we could save up to $50 billion a year. If the Federal Government takes the lead in phasing out checks, then you can be assured that the private sector will follow that lead and those potential cost savings would start to materialize. Because of the benefits I just discussed, the National Automated Clearing House Association urges the Congress not to modify the law that created the EFT mandate. We would like to bring a related matter to the attention of the subcommittee. The Treasury Department has announced that it would not proceed with implementing the next group of businesses required to deposit Federal employment taxes through EFTPS, thus reducing the ultimate number of depositors by over 4 million taxpayers. The Treasury plans to take this action because of concerns expressed by the small business community. Rather than exempting small businesses from paying taxes electronically, we would urge the Treasury Department and the Congress to deal head on with the real concern businesses have with paying Federal taxes electronically. Under current law, if the payment is late, the IRS can impose penalties, up to 10 percent of the taxes due. This law should be changed. The IRS should be permitted to charge only for the interest income lost because the payment was late. Under this proposal, the IRS could only impose higher penalties to chronic late payers or when fraud is involved. By making this change, the Treasury would not have to exempt the 4 million businesses from paying taxes electronically, thus, saving both businesses and the Federal Government a substantial amount of money. Attached to the written testimony, we provided some details on that proposal. That concludes my remarks and I will be glad to try and answer any questions you may have. Mr. Horn. That is an excellent statement you have submitted and I appreciate your precise summary. We are going to go down with the other two witnesses and perhaps we can have a dialog between the three of you and the committee. [The prepared statement of Mr. McEntee follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. Ms. Nichelson. Ms. Nichelson. Good afternoon, Mr. Chairman. It is my pleasure to testify before you this afternoon and offer the views of the American League of Financial Institutions, also known as ALFI. ALFI is a national trade association chartered in 1948 to represent the legislative interests of minorities on savings banks and savings and loan associations. ALFI was first formed by a group of seven, then building and loan executives. They determined that they needed a voice to express their concerns among banking regulators and Members of Congress in Washington. They formed what was then known as the American Savings and Loan League, and at the time there were seven building and loan institutions and that grew to 72 savings and loan associations in 1978. They kept unique office hours because many of the depositors were domestic laborers who only had Thursday off. As a result, they were only open on Thursday evenings. In 1989, the American Savings and Loan League amended its bylaws and renamed the organization the American League of Financial Institutions. There are currently 41 minority savings banks and savings and loan associations, representing $5 billion in assets, with 109 branches and approximately 1,200 employees. They are located throughout the United States in urban and emerging communities, and they rank in asset sizes from our largest minority-owned institution, which happens to be the largest minority-owned institution in the country, Carver Federal Savings Bank in New York, with assets totaling $360 million, to the smallest, Ideal Federal Savings Bank in Baltimore, which has assets of $7 million. We are delighted to have this opportunity to share our views with you and the subcommittee regarding the electronic benefits transfer funds program. We understand the need to streamline the process of disbursing Government benefits to those deserving Americans. Many recipients of these benefits are located in the same urban communities as our member institutions. Minority savings institutions are all unique in their business strategies for growth and are all unique in their individual goals toward more products and services to their customers. Electronic banking can only enhance their ability to reach a broader market and increase their competitive advantages within their communities. We feel it is important that Treasury encourage recipients of Government payments to voluntarily agree to transfer those payments to financial institutions under the current electronic direct deposit program and that Treasury encourage banks to create electronic-only accounts, known as Direct Deposit Two. Inasmuch as the electronic benefits transfer, EBT, option is not available through most depository institutions, we urge that be the option of last resort on Treasury's plans to convert paper payments to electronic funds transfers. Mr. Chairman, I would like to share a few strategies of some of the members of ALFI with you which represent a variety of the approaches to the future of electronic banking. For instance, a members' institution in your home State of California recently announced a unique alliance. Broadway Federal Bank, located in Los Angeles has assets totaling $114 million. Broadway has three branches, one appraisal center, plans to open another branch in July, and has 51 employees. Although subject to OTS approval, Broadway Federal and the Nix Check Cashing Facility in south central Los Angeles have formed a proposed alliance. This pilot relationship is the result of what Broadway saw as an opportunity to expand its banking services to whom some call the unbanked. Because this proposed legislation will mean the end to what traditionally recipients have known as a physical check in the mail, Broadway would be one of many minority financial institutions well-suited to disburse these funds. It further represents the opportunity for recipients of electronic funds transfer to begin the process of assimilating into basic cultural management their financial life-styles to the extent that these recipients would now be positioned to establish checking accounts, credit cards, and use ATM cards. Another ALFI member, Carver Federal Savings Bank in New York is exploring the possibility of opening its own check cashing company under its holding company. Carver's plan will include providing other products and services such as money orders and bill payment services. Carver is also exploring the possibility of offering check cashing services to noncustomers through a software vendor. Although these plans are in their infancy, they further validate Carver's commitment to reach all consumers in their communities. We think it is important that certain protections for the consumer be included in this proposed legislation as well. The fees associated with managing these electronic benefits should be regulated by Treasury so that the consumers are not unfairly charged by a single vendor. It is our recommendation that Treasury be authorized to promulgate regulations that protect EBT fund recipients and require all financial institutions to report the EBT funds by volume, by community, and that the fees they receive in connection with the transfers be reported on a quarterly basis. There should be significant training requirements for all custodians of EBTs, which includes sensitivity training and the requirement to work with churches and community groups. Education will play a vital role in Treasury's EBT program. Why? Because as a local retailer likes to say, an informed consumer is our best customer. Consumers who have managed their entire lives on a cash basis will need to learn how to live electronically. Treasury should look to minority savings institutions to help in this process by jointly sponsoring educational seminars in local community centers, churches, and in some instances the minority institutions themselves. Many minority institutions have bilingual tellers, brochures in several languages, and regularly attend community events where English is a second language. It should be noted that all minority savings institutions have many services in place, such as direct deposit, Social Security, and retirement direct deposit. Many of these institutions also have automatic teller machines, located in branches and in shopping centers in their communities; therefore, minority institutions have already established an infrastructure that could facilitate the electronic transfer of funds to the appropriate recipient. The new generation of consumers, as a result of welfare reform, will understand the value of their benefits and the need to ultimately move beyond Government assistance. It is important to the membership of ALFI that this new generation understand they can have the same availability of financial services as traditional banking customers. In conclusion, Mr. Chairman, we believe that the electronic funds transfer program has value. We want Treasury to remember the importance of encouraging recipients of the funds to voluntarily agree to transfer their benefits to a financial institution. Further, it is our hope that Treasury will encourage financial institutions to create electronic-only accounts through this program. These programs represent a great opportunity for consumers who were previously unbanked to become traditional bank customers, thereby availing themselves of an array of banking services. These programs ultimately provide a new customer base for financial institutions. I thank you for this opportunity to comment and I await your questions. Mr. Horn. Well, thank you very much. We appreciate that statement. [The prepared statement of Ms. Nichelson follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. Ms. Saunders. Ms. Saunders. Thank you, Mr. Chairman. We very much appreciate the opportunity to testify today as EFT-99 holds the potential for great benefit and also for great trouble to our low-income clients and their communities. I offer my testimony today not only on behalf of the low-income clients of the National Consumer Law Center, but also on behalf of the Consumer Federation of America, the National Community Reinvestment Coalition, and the Organization for New Equality, three other organizations that represent low-income people and consumers. There are numerous issues which will affect the unbanked recipients of Federal benefits. One is the extent to which Treasury forces the unbanked to use accounts which cost them too much. Another extremely important issue is which kind of institution, regulated and insured, or unregulated, Treasury authorizes to be the providers of the Federal payments to payees. This issue is important, not only because of the fees which could be charged, but also because of the other services that these alternative providers would try to force upon the Federal payees. A third issue, which I won't address further in my testimony today, but one which is also very important, is the extent of hardship exemptions that are allowed under the statute--excuse me, under the regulations that are promulgated. Treasury is saying that they need to allow check cashers and finance companies to partner with banks in order for the delivery of Federal payments to be made. And they are proposing that this could be done in one of two ways. One, individuals could choose alternative providers as authorized agents--there is no way, Mr. Chairman, I will be able to read all my testimony, so I will be paraphrasing--one is as authorized agents, and, two, if they fail to make a choice and the bank becomes a default bank, the bank would offer to provide the services through the alternative providers, such as check cashers or finance companies. This is what we are particularly concerned about, either one of these choices. We believe the statute used the words ``alternative authorized agent'' as a synonym for only those words like guardian, alternative payee, or other words which are used in current benefit statutes, such as Social Security and veteran's benefits, all of which have a fiduciary duty to the individual. We are very concerned that Treasury would allow check cashers or finance companies to advertise to the low-income population, allow us to be your conduit for the Federal payments, come pick up your payments every month. Well, that might work for month after month, until one day the individual goes to the finance company and says, well, I think I do need some money to pay my utility bill and gets a 36 percent or 40 percent interest rate loan because the loans from the financial providers are very often unregulated and even where they are regulated, the interests and the terms are very, very high. If they fail to make those payments or they have problems making the payments, they still have to go back, month after month, unless they change their authorized payment agent, and that is the scary part to us. There is no prohibition in the Social Security law against set off; there would be nothing that would stop that finance company from taking the entire Social Security payment to be put toward the payment of a finance--of a high cost loan. And that shouldn't be the way Treasury delivers its Federal payments. On the other hand, other than the banks that Miss Nichelson represents, most banks are saying, not all of them, but many banks are saying, we are not sure that we can find that it is financially feasible, despite the float that will be available, to provide services. So Treasury's response is, well, we may need to allow banks to partner with check cashers and finance companies to provide the services in low-income communities where there are no other banks, where there are no financial institutions. And that, to us, is also a tremendous concern. I represent low-income people all over the country who have been the victims of abusive practices of check cashers, pawnbrokers, and finance companies. I have in my testimony in the appendix, just a few stories of the abusive practices that low-income people are subject to. We don't think anybody but federally regulated and federally insured providers should be the conduits of Federal payments, one way or the other. The use of check cashers as one method to access the funds is fine. We don't want to prohibit a bank from, say, establishing a default account for a number of individuals and providing access at the bank, at the grocery stores, and at check cashers. That would be fine. It is the exclusive use of the check casher, of the alternative provider, that scares us so much. I have, today, a letter that was signed, that was sent out, just today, to Secretary Rubin---- Mr. Horn. Excuse me. I am going to have to recess. We have a vote downstairs and I have to respond to it. You will be able to finish as soon as I vote. [Brief Recess.] Mr. Horn. This hearing will resume. We will have a few of these in and outs. I apologize to you. It happens frequently here, and it is hard on the witnesses, and so I sympathize with you. Let me start--you were going to finish your final remarks there. Go ahead. Ms. Saunders. I was just going to tell you that we have a letter that was sent just today to Secretary Rubin of the Treasury, signed by 15 organizations, representing low-income people, disabled people, low-income communities, unions, asking the Treasury to clearly draw the line at regulated and insured depository institutions as being the conduits, and I would be glad to provide a copy of that letter. Mr. Horn. Please, without objection it will be added to the record at this point. Ms. Saunders. Thank you. I would be happy to answer any questions. [The prepared statement of Ms. Saunders follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. I have some questions for all of you and some for two of you. Let's start with Ms. Nichelson, and I am sure you heard Margot Saunders' testimony advocating excluding from the definition of ``authorized agent,'' the category or term she calls ``alternative financial providers,'' such as check cashing firms. Do you have any comments on that suggestion? Ms. Nichelson. Well, I do believe since check cashing facilities are not regulated, that they shouldn't be involved in the process of being the recipients of these funds. I think financial institutions, especially those located in those urban areas, are best suited to help disburse those funds. And so in that respect I do agree with her comments. I do have concerns about facilities such as check cashing companies. Mr. Horn. Anything else you want to add to that, Ms. Saunders? Ms. Saunders. Yes, I want to clarify, we don't have a problem with a bank, as Ms. Nichelson is proposing, a bank setting up an office in the check cashers outlet and using their brick and mortar as a method of getting banking services to low-income people; we think that is a terrific idea. I know there were some concerns that we would disagree, but I think the more we talk, the more we find we are agreeing. We want to see the unbanked get into banks, and whether it is through check cashers or not, it is fine. It is the exclusive use of check cashers or the alternative providers that concerns us. Mr. Horn. I am delighted to hear you say that, Ms. Saunders. If I took you downstairs with me, there is a room where they have been talking all day and they aren't agreeing yet; namely, the full committee. Mr. McEntee, any thoughts on this question? Mr. McEntee. Just one brief thought on this question. We believe that the Treasury Department only has the legal authority to place the funds in a financial institution. I think the basic question that surrounds the relationship between the consumer, the third party, and the financial institution, is should the consumer be permitted to set up an account, which would not be an insured account, but should they be permitted to set up an account at a third party. I think there is an area of debate surrounding that issue, and I think financial institutions, check cashers, and consumer groups will be sorting that issue out for the next few months. I am not so sure we have a clear-cut answer right now as to how that is going to play out, other than we firmly believe the Treasury needs to get the funds initially into the financial institution and the arrangement between the third parties, the financial institutions, and consumers would have to be determined and, again, I don't have a specific answer as to how that should work right now. Mr. Horn. Ms. Nichelson, are you engaged in any sort of education campaign with your membership to inform them about the new law? Ms. Nichelson. Yes, sir, we are. We hold an annual conference in October and November. However, we have already begun the process of sending information to the member institutions on the various proposals before Treasury, and this issue in particular has really sparked a great amount of interest. My oral testimony didn't expand into the numerous comments that I have received from the 40-member institutions who have real concerns about some of the provisions. They do prefer educating the consumer before this process takes place in 1999. They do understand the fact that there will be persons who would like to remain unbanked, who don't want a relationship with the bank, but they do believe that because of the new welfare reform and the new generation of people who are currently receiving public assistance, and those peoples' ultimate goal to become more of a contributing entity to society and not so reliant on Government, that those will be the people who ultimately will establish a working relationship with the bank. And the banks further have begun the process of going to communities, going to churches, and offering free seminars on credit counseling and on just educating the consumer to how it can work. Banking can be very intimidating if you don't understand it, but if you can streamline the process and let people know that you don't sign your life away because you apply for a checking account, or even with ATM cards, it is just another way of you beginning the process of managing your financial life-style. Mr. Horn. That is very helpful. Mr. McEntee, what sort of educational campaign or conferences does your organization schedule for banks and other financial institutions? Mr. McEntee. We have been focusing on delivering educational message to financial institutions, businesses, and consumers that are going to be affected by this legislation. We have worked very closely with the Treasury Department and have mailed out--actually, the Treasury Department mailed out 50,060 letters to financial institutions all around the country informing them of the requirements of the mandate. We have gotten responses back from about 3,500 of those financial institutions. We have regional associations around the country. They have been putting on seminars and conferences on the EFT mandate. The American Bankers Association has been doing the same thing. We have been working very closely with several trade associations that represent the interest of the business community and they have been putting on educational programs as well. We are also working with the Treasury Department to develop public service announcements and video news releases, and some of those would be released at the end of this year and early next year. The purpose of those messages is to communicate directly to consumers, so we are working very closely with the financial institutions, the business community, and the Treasury Department, to get the word out on the EFT mandate requirements. Mr. Horn. Well, that is helpful. Ms. Saunders, do you want to add anything to the discussion on education and how to go about it? Ms. Saunders. No, sir. Mr. Horn. OK. Mr. McEntee, your testimony noted that the biggest challenge in vendor payment comes from attaching payment information with payments, so-called financial electronic data interchange or financial EDI. How many banks are currently able to take advantage of financial EDI? Mr. McEntee. In our estimate, there is about 9,060 commercial banks that provide services to vendors, that provide services to the Treasury Department and other government agencies. There are a little less than 2,060 financial institutions or commercial banks today that have that capability. There have been a lot of developments in the marketplace over the past year to develop inexpensive software packages where small banks can install these software packages on PCs that process information electronically and pass that information electronically or through the mail or through a fax system to the vendor depending on what the vendor is looking for. I would like to say we are in place today, that the banking industry is ready today, but I cannot do that. We are fairly optimistic that sometime before January 1, 1999 the vast majority of commercial banks will be in the position to provide that remittance service information to the business community. Mr. Horn. Can you give us an idea of the cost of the software and how does it vary? Does it vary by the number of transactions or do you just get a basic system, whether it is a small bank, medium sized bank or a large bank? Mr. McEntee. Software companies have been producing services for the large banks for several years now so the problem is not with the larger financial institutions, it is basically with the small community banks. We have worked very closely with a couple vendors to develop a service called Rapid EDI and Rapid EDI can be purchased for as low as $10 a month, where the financial institution basically signs up for the subscription service and the third party that we have under contract basically goes into the personal computer that the financial institution has, extracts the remittance information, and then transmits the remittance information directly to the business customer. If the financial institution is interested in doing more of the processing on their own, they could lease the software package for $50 a month and that way they can provide a number of different options to the business customer, delivering the remittance information by mail, by fax, or electronically. So the software packages that have been developed for small financial institutions are relatively inexpensive. The problem right now is that a lot of those institutions are not interested in purchasing or leasing the software packages because there is no demand for that service. The demand will be there, however, when this EFT mandate goes into place. Mr. Horn. Any other thoughts on software and need for any of the people you relate to? Ms. Nichelson. I would just suggest, Mr. Chairman, that although you are talking software within the banks, I hope that once a lot of this written information is sent to the consumer that you consider that a lot of people use English as a second language and you should consider some bilingual brochures and bilingual options when you are attempting to really reach these people in hopes that they will become part of the process prior to 1999. Mr. Horn. One of the problems is the urban area I come from, and I suspect you come from, there are 70 languages spoken in the schools. There is no way you can communicate in 70 languages. Ms. Nichelson. I agree with you, Mr. Chairman. However, I suggest if you start with Spanish and with some of the Chinese speaking languages, you would reach a large segment of those people. Mr. Horn. You wouldn't in my community. You better start in Khmer. It is the largest community of Cambodians outside of Cambodia. Ms. Nichelson. I think it is interesting, Broadway Federal Bank in south central Los Angeles, they have now over half their staff is bilingual. They speak Spanish and they speak some Chinese and some other dialects, and Paul Hudson, the president of the bank, would probably share with you that that has really helped him to broaden his outreach to the people directly within his community. Mr. McEntee. Mr. Chairman, let me try to respond to that question. We have produced some of the public service announcements in Spanish, geared directly to a lot of the urban communities, so we are sensitive to the need to try to communicate in more than English, but I agree with you it would be impossible to produce this information in 70 different languages. Mr. Horn. Mr. McEntee, the Federal Government will save, presumably, their estimate was $130 million per year under this new law. Beneficiaries are expected to save $1.6 billion per year and you note that $1 will be saved by banks per electronic transaction in reduced teller cost. How much does that result in reduced cost to the banking industry each year as a result of this law? Has anybody ever worked the numbers on that? Mr. McEntee. As you were talking, I was trying to work out the numbers, but my mind is not working fast enough. If I recall, I think there is about 300 million transactions that the Government will be making to consumers by direct deposit, assuming all government recipients get paid by direct deposit on January 1, 1999, so that would work out to precisely $300 million a year in cost savings. There still should be some cost savings for vendor payments as well, so I think you are talking about a cost savings of roughly $325 to $350 million a year. Mr. Horn. So if we add that to the Government's $500 million over 5 years, and this is $300 million a year, you are saying, basically, annually. You would be doing pretty well, almost get us up to $1 billion at that rate. Let me ask Ms. Saunders, you used the term ``alternative financial providers'' in your testimony. I assume this refers to check cashing outlets among other institutions, and Ms. Nichelson described a partnering arrangement between a bank and check cashing outlet. As I understand it, you don't mind a bank going into any place if it is going to render service to the community. Ms. Saunders. That is right. Mr. Horn. And sort of an outreach approach, which I think is an intriguing idea. Do you have any other thoughts on banks and where they ought to go and spend some of their time with the customers? Ms. Saunders. The consumers and community advocates feel strongly--we are very much hopeful that EFT-99 will be the-- finally be a true opportunity to get the unbanked people and banks together. We think that if Treasury takes the initiative and holds the line and, in fact, uses this opportunity, the unbanked will have the use of banks for several new ways. One, they will be able to develop savings accounts, and we have already seen--there is a trial, EFT trial in Texas that Treasury has been going through for several years. And even though the people in that trial have been traditionally unbanked and living month to month, they have seen the development of many savings accounts little bits saved month to month, whereas before there were no savings accounts, so the development of savings accounts is a very important opportunity. Second, the possibility the individuals will begin to see the banks as their financial institution, so they turn to the banks, rather than the alternative providers, for other services, is very important. And, third, by using the banks, they will be able to use the electronic payment system more readily. We are just at the beginning of the electronic payment system. Some of us now use modems to pay our bills. But low-income people pay cash or by money orders. If they use banks to--if they see banks as their financial provider, they may also begin to participate in the electronic banking process. Mr. Horn. Let me quote, Ms. Saunders, from your prepared statement. ``If alternative providers of financial services are permitted to be conduits of Federal payments, that would constitute the Federal Government's blessing of grossly abusive practices against low-income people.'' Let me lay out a scenario for you, an alternative financial service provider charges the same or less than a bank for an ATM card and is more convenient to the customer's house. Do you have any reaction to that? Ms. Saunders. The question is to whom--with whom does the individual have the account. If the individual has the account at the bank and chooses to use the ATM, the bank's ATM, or the network's ATM machine at the check casher, that is just fine, but it is not only the fees charged for the access to the Federal money, it is all of these other issues as well. So, yes, my and the other group's answer is unequivocally, we still would go with the bank's and only the bank's. Mr. Horn. Ms. Saunders, your concerns seem to be focused on individuals also without bank accounts, and is that a fair characterization? Do you have any comments on those with bank accounts who do not use direct deposit currently? Ms. Saunders. I think that those people who have bank accounts and do not use direct deposit will find that their Social Security check or their other Federal payment will be automatically deposited in their bank account. I cannot imagine that Treasury would force them to use a default system that does not use their already existing bank account. Mr. Horn. Mr. McEntee, I note you are part of a public education partnership with Treasury's Financial Management Service, which has high praise from us, the Social Security Administration, a well-organized group, and the Department of Veteran's Affairs. Can you describe that effort, what is happening with it? Mr. McEntee. Yes, we have a multifaceted effort under way to provide education to financial institutions and their customers and the unbanked as well. As I mentioned before, the focus is to get banks educated through conferences, seminars, and we are actually running a major nationwide seminar here in Washington, DC, in September where all the major trade associations representing the banking industry are cosponsoring that effort, and there are several Federal Government agencies that will be speaking at that conference. As I mentioned before as well, we think the key to communicating to consumers will be partially met through public service announcements and video news releases, and we are working with those Government agencies to produce those right now. Mr. Horn. Very good. Do any of you have questions of each other, after listening to the testimony, anything you want to add? Anything I should have asked if I knew what I was talking about? Ms. Saunders. You clearly know what you are talking about. Ms. Nichelson. Clearly. Mr. McEntee. I think you are asking all the right questions. Mr. Horn. Without objection, I guess, I have got here the American Bankers Association, the National Association of Check Cashers have sent statements into the subcommittee for inclusion into the record. I am sorry our witnesses haven't had a chance to see them, but without objection, we will put them in the record at this point. [The information referred to follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Horn. So if there are no other questions, what I would like to have is the staff list of who has helped on this hearing. J Russell George, the staff director and chief counsel in back of me here; Mr. Mark Brasher, professional staff member that prepared for this hearing; Andrea Miller, the faithful clerk to our majority staff; And Grant Newman, the intern. We have to have an intern category, folks, this is summer almost. So Mr. Newman, we appreciate your help, and if the teacher doesn't think so, tell him to read the hearing record. OK; David McMillen, professional staff member for the minority, he is downstairs, Jean Gosa, clerk for the minority, and our three court reporters that have been in and out today, Katrina Wright, Vicky Stallsworth, and Tracy Petty. I thank the three of you again for the excellent statements you submitted and the summary of your testimony and your response to our questions. Thank you very much for coming. With that, we are adjourned. [Whereupon, at 3:50 p.m., the subcommittee was adjourned.] [Additional information submitted for the hearing record follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] -