[Congressional Record Volume 142, Number 33 (Tuesday, March 12, 1996)]
[Senate]
[Pages S1870-S1884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


              THE 1996 BALANCED BUDGET DOWNPAYMENT ACT, II

                                 ______


               MURKOWSKI (AND STEVENS) AMENDMENT NO. 3472

  (Ordered to lie on the table.)
  Mr. MURKOWSKI (for himself and Mr. Stevens) submitted an amendment 
intended to be proposed by them to amendment No. 3466 proposed by Mr. 
Hatfield to the bill (H.R. 3019) making appropriations for fiscal year 
1996 to make a further downpayment toward a balanced budget, and for 
other purposes; as follows:

       At the appropriate place, insert the following:
       Sec.  . None of the funds appropriated or otherwise made 
     available for activities of the Department of Agriculture 
     Agricultural Marketing Service may be expended until such 
     time as food safety and inspection programs implemented or 
     accepted by the Food and Drug Administration for the safety 
     of American and overseas consumers are adopted as the 
     standard required for the purposes of Department of 
     Agriculture surplus seafood commodity purchase programs.
                                 ______


                SPECTER (AND OTHERS) AMENDMENT NO. 3473

  Mr. SPECTER (for himself, Mr. Harkin, and Mr. Wellstone) proposed an 
amendment to amendment No. 3467 proposed by Mr. Harkin to amendment No. 
3466 proposed by Mr. Hatfield to the bill H.R. 3019, supra; as follows:
       In lieu of the language proposed to be inserted, insert the 
     following:

                            Part 1--Amounts

       In addition to the amounts provided in Title I of this Act 
     for the Department of Labor:
       Under the heading ``Training and Employment Services'', 
     $1,213,300,000, of which $487,300,000 is available for 
     obligation for the period July 1, 1996 through June 30, 1997, 
     and of which $91,000,000 is available from July 1, 1996, 
     through September 30, 1997, for carrying out activities of 
     the School-to-Work Opportunities Act, and of which 
     $635,000,000 is for carrying out title II, part B of the Job 
     Training Partnership Act;
       Under the heading ``State Unemployment Insurance and 
     Employment Service Operations'', $18,000,000, which shall be 
     available for obligation for the period July 1, 1996 through 
     June 30, 1997;
       In addition to the amounts provided for in Title I of this 
     Act for the Department of Health and Human Services:
       Under the heading ``Children and Families Services 
     Programs'', $136,700,000.
       In addition to the amounts provided for in Title I of this 
     Act for the Department of Education:

[[Page S1871]]

       Under the heading ``Education Reform'', $151,000,000, which 
     shall become available on October 1, 1996 and shall remain 
     available through September 30, 1997: Provided, That 
     $60,000,000 shall be for the Goals 2000: Educate Act and 
     $91,000,000 shall be for the School-to-Work Opportunities 
     Act.
       Under the heading ``Education for the Disadvantaged'', 
     $814,489,000, which shall become available for obligation on 
     October 1, 1996 and shall remain available through September 
     30, 1997: Provided, That $700,228,000 shall be available for 
     basic grants and $114,261,000 shall be for concentration 
     grants.
       Under the heading ``School Improvement Programs'', 
     $208,000,000, which shall become available for obligation on 
     October 1, 1996 and shall remain available through September 
     30, 1997.
       Under the heading ``Vocational and Adult Education'', 
     $82,750,000, which shall become available for obligation on 
     October 1, 1996 and shall remain available through September 
     30, 1997.
       Under the heading ``Student Financial Assistance'', the 
     maximum Pell Grant for which a student shall be eligible 
     during award year 1996-1997 shall be increased by $60.00: 
     Provided, That funding for Title IV, part E shall be 
     increased by $58,000,000 and funding for Title IV, Part A, 
     subpart 4 shall be increased by $32,000,000.
       Under the heading ``Education Research, Statistics, and 
     Improvement'', $10,000,000 which shall become available for 
     obligation on October 1, 1996 and shall remain available 
     through September 30, 1997, shall be for sections 3136 and 
     3141 of the Elementary and Secondary Education Act.

                       Part 2--Additional Amounts

       In addition to the amounts provided in Title I of this Act 
     for the Department of Labor:
       Under the heading ``Departmental Management, Salaries and 
     Expenses'', $12,000,000, of which $10,000,000 shall be only 
     for terminal leave, severance pay, and other costs directly 
     related to the reduction of the number of employees in the 
     Department.
       In addition to the amounts provided for in Title I of this 
     Act for the Department of Health and Human Services:
       Under the heading ``Health Resources and Services'', 
     $55,256,000: Provided, That $52,000,000 of such funds shall 
     be used only for State AIDS Drug Assistance Programs 
     authorized by section 2616 of the Public Health Service Act 
     and shall be distributed to States as authorized by section 
     2618(b)(2) of such Act; and
       Under the heading ``Substance Abuse and Mental Health 
     Services'', $134,107,000.

                       Part 3--General Provisions

     SEC. 401. AVAILABILITY.

       Notwithstanding any other provision of this Act, section 
     4002 shall not apply to part 1 of chapter 3 of title IV.

     SEC. 402. OFFSETS.

       Notwithstanding any other provision of this Act, the 
     amounts on page 539, lines 18 and 19, and page 540, line 10, 
     shall each be reduced by $200,000,000.
       On page 546, increase the rescission amount on line 21 by 
     $10,000,000.
       Notwithstanding any other provision of this Act, the 
     amounts on page 583, lines 4 and 14, shall each be reduced by 
     $159,000,000.


                administration for children and families

                   Job Opportunities and Basic Skills

                              (Rescission)

       Of the funds made available under this heading elsewhere in 
     this Act, there is rescinded an amount equal to the total of 
     the funds within each State's limitation for fiscal year 1996 
     that are not necessary to pay such State's allowable claims 
     for such fiscal year.
       Section 403(k)(3)(F) of the Social Security Act (as amended 
     by Public Law 100-485) is amended by adding: ``reduced by an 
     amount equal to the total of those funds that are within each 
     State's limitation for fiscal year 1996 that are not 
     necessary to pay such State's allowable claims for such 
     fiscal year (except that such amount for such year shall be 
     deemed to be $1,000,000,000 for the purpose of determining 
     the amount of the payment under subsection (1) to which each 
     State is entitled),''.


                    federal aviation administration

                       Grants-In-Aid For Airports

                    (Airport and Airway Trust Fund)

                 (Rescission of Contract Authorization)

       Of the available contract authority balances under this 
     account, $616,000,000 are rescinded.

       Part 4--United States Enrichment Corporation Privatization

     SEC. 1. SHORT TITLE.

       This Act may be cited as the ``USEC Privatization Act''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``AVLIS'' means atomic vapor laser isotope 
     separation technology.
       (2) The term ``Corporation'' means the United States 
     Enrichment Corporation and, unless the context otherwise 
     requires, includes the private corporation and any successor 
     thereto following privatization.
       (3) The term ``gaseous diffusion plants'' means the Paducah 
     Gaseous Diffusion Plant at Paducah, Kentucky and the 
     Portsmouth Gaseous Diffusion Plant at Piketon, Ohio.
       (4) The term ``highly enriched uranium'' means uranium 
     enriched to 20 percent or more of the uranium-235 isotope.
       (5) The term ``low-enriched uranium'' means uranium 
     enriched to less than 20 percent of the uranium-235 isotope, 
     including that which is derived from highly enriched uranium.
       (6) The term ``low-level radioactive waste'' has the 
     meaning given such term in section 2(9) of the Low-Level 
     Radioactive Waste Policy Act (42 U.S.C. 2021b(9)).
       (7) The term ``private corporation'' means the corporation 
     established under section 5.
       (8) The term ``privatization'' means the transfer of 
     ownership of the Corporation to private investors.
       (9) The term ``privatization date'' means the date on which 
     100 percent of the ownership of the Corporation has been 
     transferred to private investors.
       (10) The term ``public offering'' means an underwritten 
     offering to the public of the common stock of the private 
     corporation pursuant to section 4.
       (11) The ``Russian HEU Agreement'' means the Agreement 
     Between the Government of the United States of America and 
     the Government of the Russian Federation Concerning the 
     Disposition of Highly Enriched Uranium Extracted from Nuclear 
     Weapons, dated February 18, 1993.
       (12) The term ``Secretary'' means the Secretary of Energy.
       (13) The ``Suspension Agreement'' means the Agreement to 
     Suspend the Antidumping Investigation on Uranium from the 
     Russian Federation, as amended.
       (14) The term ``uranium enrichment'' means the separation 
     of uranium of a given isotopic content into 2 components, 1 
     having a higher percentage of a fissile isotope and 1 have a 
     lower percentage.

     SEC. 3. SALE OF THE CORPORATION.

       (a) Authorization.--The Board of Directors of the 
     Corporation, with the approval of the Secretary of the 
     Treasury, shall transfer the interest of the United States in 
     the United States Enrichment Corporation to the private 
     sector in a manner that provides for the long-term viability 
     of the Corporation, provides for the continuation by the 
     Corporation of the operation of the Department of Energy's 
     gaseous diffusion plants, provides for the protection of the 
     public interest in maintaining a reliable and economical 
     domestic source of uranium mining, enrichment and conversion 
     services, and, to the extent not inconsistent with such 
     purposes, secures the maximum proceeds to the United States.
       (b) Proceeds.--Proceeds from the sale of the United States' 
     interest in the Corporation shall be deposited in the general 
     fund of the Treasury.

     SEC. 4. METHOD OF SALE.

       (a) Authorization.--The Board of Directors of the 
     Corporation, with the approval of the Secretary of the 
     Treasury, shall transfer ownership of the assets and 
     obligations of the Corporation to the private corporation 
     established under section 5 (which may be consummated through 
     a merger or consolidation effected in accordance with, and 
     having the effects provided under, the law of the State of 
     incorporation of the private corporation, as if the 
     Corporation were incorporated thereunder).
       (b) Board Determination.--The Board, with the approval of 
     the Secretary of the Treasury, shall select the method of 
     transfer and establish terms and conditions for the transfer 
     that will provide the maximum proceeds to the Treasury of the 
     United States and will provide for the long-term viability of 
     the private corporation, the continued operation of the 
     gaseous diffusion plants, and the public interest in 
     maintaining reliable and economical domestic uranium mining 
     and enrichment industries.
       (c) Adequate Proceeds.--The Secretary of the Treasury shall 
     now allow the privatization of the Corporation unless before 
     the sale date the Secretary of the Treasury determines that 
     the method of transfer will provide the maximum proceeds to 
     the Treasury consistent with the principles set forth in 
     section 3(a).
       (d) Application of Securities Laws.--Any offering or sale 
     of securities by the private corporation shall be subject to 
     the Securities Act of 1933 (15 U.S.C. 77a et seq.), the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and 
     the provisions of the Constitution and laws of any State, 
     territory, or possession of the United States relating to 
     transactions in securities.
       (e) Expenses.--Expenses of privatization shall be paid from 
     Corporation revenue accounts in the United States Treasury.

     SEC. 5. ESTABLISHMENT OF PRIVATE CORPORATION.

       (a) Incorporation.--The directors of the Corporation shall 
     establish a private for-profit corporation under the laws of 
     a State for the purpose of receiving the assets and 
     obligations of the Corporation at privatization and 
     continuing the business operations of the Corporation 
     following privatization.
       (2) The directors of the Corporation may serve as 
     incorporators of the private corporation and shall take all 
     steps necessary to establish the private corporation, 
     including the filing of articles of incorporation consistent 
     with the provisions of this Act.
       (3) Employees and officers of the Corporation (including 
     members of the Board of Directors) acting in accordance with 
     this section on behalf of the private corporation shall be 
     deemed to be acting in their official capacities as employees 
     or officers of the Corporation for purposes of section 205 of 
     title 18, United States Code.

[[Page S1872]]

       (b) Status of the Private Corporation.--(1) The private 
     corporation shall not be an agency, instrumentality, or 
     establishment of the United States, a Government corporation, 
     or a Government-controlled corporation.
       (2) Except as otherwise provided by this Act, financial 
     obligations of the private corporation shall not be 
     obligations of, or guaranteed as to principal or interest by, 
     the Corporation or the United States, and the obligations 
     shall so plainly state.
       (3) No action under section 1491 of title 28, United States 
     Code, shall be allowable against the United States based on 
     actions of the private corporation,
       (c) Application of Post-Government Employment 
     Restrictions.--Beginning on the privatization date, the 
     restrictions stated in section 207, (a), (b), (c), and (d) of 
     title 18, United States Code, shall not apply to the acts of 
     an individual done in carrying out official duties as a 
     director, officer, or employee of the private corporation, if 
     the individual was an officer or employee of the Corporation 
     (including a director) continuously during the 45 days prior 
     to the privatization date.
       (d) Dissolution.--In the event that the privatization does 
     not occur, the Corporation will provide for the dissolution 
     of the private corporation within 1 year of the private 
     corporation's incorporation unless the Secretary of the 
     Treasury or his delegate, upon the Corporation's request, 
     agrees to delay any such dissolution for an additional year.

     SEC. 6. TRANSFERS TO THE PRIVATE CORPORATION.

       Concurrent with privatization, the Corporation shall 
     transfer to the private corporation--
       (1) the lease of the gaseous diffusion plants in accordance 
     with section 7.
       (2) all personal property and inventories of the 
     Corporation,
       (3) all contracts, agreements, and leases under section 
     8(a),
       (4) the Corporation's right to purchase power from the 
     Secretary under section 8(b).
       (5) such funds in accounts of the Corporation held by the 
     Treasury or on deposit with any bank or other financial 
     institution as approved by the Secretary of the Treasury, and
       (6) all of the Corporation's records, including all of the 
     papers and other documentary materials, regardless of 
     physical form or characteristics, made or received by the 
     Corporation.

     SEC. 7. LEASING OF GASEOUS DIFFUSION FACILITIES.

       (a) Transfer or Lease.--Concurrent with privatization, the 
     Corporation shall transfer to the private corporation the 
     lease of the gaseous diffusion plants and related property 
     for the remainder of the term of such lease in accordance 
     with the terms of such lease.
       (b) Renewal.The private corporation shall have the 
     exclusive option to lease the gaseous diffusion plants and 
     related property for additional periods following the 
     expiration of the initial term of the lease.
       (c) Exclusion of Facilities for Production of Highly 
     Enriched Uranium.--The Secretary shall not lease to the 
     private corporation any facilities necessary for the 
     production of highly enriched uranium but may, subject to the 
     requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
     et seq.), grant the Corporations access to such facilities 
     for purposes other than the production of highly enriched 
     uranium.
       (d) DOE Responsibility for Preexisting Conditions.--The 
     payment of any costs of decontamination and decommissioning, 
     response actions, or corrective actions with respect to 
     conditions existing before July 1, 1993, at the gaseous 
     diffusion plants shall remain the sole responsibility of 
     the Secretary.
       (e) Environmental Audit.--For purposes of subsection (d), 
     the conditions existing before July 1, 1993, at the gaseous 
     diffusion plants shall be determined from the environmental 
     audit conducted pursuant to section 1403(e) of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2297c-2(e)).
       (f) Treatment Under Price-Anderson Provisions.--Any lease 
     executed between the Secretary and the Corporation or the 
     private corporation, and any extension or renewal thereof, 
     under this section shall be deemed to be a contract for 
     purposes of section 170d. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(d)).
       (g) Waiver of EIS Requirement.--The execution or transfer 
     of the lease between the Secretary and the Corporation or the 
     private corporation, and any extension or renewal thereof, 
     shall not be considered to be a major Federal action 
     significantly affecting the quality of the human environment 
     for purposes of section 102 of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332).

     SEC. 8. TRANSFER OF CONTRACTS.

       (a) Transfer of Contracts.--Concurrent with privatization, 
     the Corporation shall transfer to the private corporation all 
     contracts, agreements, and leases, including all uranium 
     enrichment contracts, that were--
       (1) transferred by the Secretary to the Corporation 
     pursuant to section 1401(b) of the Atomic Energy Act of 1954 
     (42 U.S.C. 2297c(b)), or
       (2) entered into by the Corporation before the 
     privatization date.
       (b) Nontransferable Power Contracts.--The Corporation shall 
     transfer to the private corporation the right to purchase 
     power from the Secretary under the power purchase contracts 
     for the gaseous diffusion plants executed by the Secretary 
     before July 1, 1993. The Secretary shall continue to receive 
     power for the gaseous diffusion plants under such contracts 
     and shall continue to resell such power to the private 
     corporation at cost during the term of such contracts.
       (c) Effect of Transfer.--(1) Notwithstanding subsection 
     (a), the United States shall remain obligated to the parties 
     to the contracts, agreements, and leases transferred under 
     subsection (a) for the performance of its obligations under 
     such contracts, agreements, or leases during their terms. 
     Performance of such obligations by the private corporation 
     shall be considered performance by the United States.
       (2) If a contract, agreement, or lease transferred under 
     subsection (a) is terminated, extended, or materially amended 
     after the privatization date--
       (A) the private corporation shall be responsible for any 
     obligation arising under such contract, agreement, or lease 
     after any extension or material amendment, and
       (B) the United States shall be responsible for any 
     obligation arising under the contract, agreement, or lease 
     before the termination, extension, or material amendment.
       (3) The private corporation shall reimburse the United 
     States for any amount paid by the United States under a 
     settlement agreement entered into with the consent of the 
     private corporation or under a judgment, if the settlement or 
     judgment--
       (A) arises out of an obligation under a contract, 
     agreement, or lease transferred under subsection (a), and
       (B) arises out of actions of the private corporation 
     between the privatization date and the date of a termination, 
     extension, or material amendment of such contract, agreement, 
     or lease.
       (d) Pricing.--The Corporation may establish prices for its 
     products, materials, and services provided to customers on a 
     basis that will allow it to attain the normal business 
     objectives of a profit making corporation.

     SEC. 9. LIABILITIES.

       (a) Liability of the United States.--(1) Except as 
     otherwise provided in this Act, all liabilities arising out 
     of the operation of the uranium enrichment enterprise before 
     July 1, 1993, shall remain the direct liabilities of the 
     Secretary.
       (2) Except as provided in subsection (a)(3) or otherwise 
     provided in a memorandum of agreement entered into by the 
     Corporation and the Office of Management and Budget prior to 
     the privatization date, all liabilities arising out of the 
     operation of the Corporation between July 1, 1993, and the 
     privatization date shall remain the direct liabilities of the 
     United States.
       (3) All liabilities arising out of the disposal of depleted 
     uranium generated by the Corporation between July 1, 1993, 
     and the privatization date shall become the direct 
     liabilities of the Secretary.
       (4) Any stated or implied consent for the United States, or 
     any agent or officer of the United States, to be sued by any 
     person for any legal, equitable, or other relief with respect 
     to any claim arising from any action taken by any agent or 
     officer of the United States in connection with the 
     privatization of the Corporation is hereby withdrawn.
       (5) To the extent that any claim against the United States 
     under this section is of the type otherwise required by 
     Federal statute or regulation to be presented to a Federal 
     agency or official for adjudication or review, such claim 
     shall be presented to the Department of Energy in accordance 
     with procedures to be established by the Secretary. Nothing 
     in this paragraph shall be construed to impose on the 
     Department of Energy liability to pay any claim presented 
     pursuant to this paragraph.
       (6) The Attorney General shall represent the United States 
     in any action seeking to impose liability under this 
     subsection.
       (b) Liability of the Corporation.--Notwithstanding any 
     provision of any agreement to which the Corporation is a 
     party, the Corporation shall not be considered in breach, 
     default, or violation of any agreement because of the 
     transfer of such agreement to the private corporation under 
     section 8 or any other action the Corporation is required to 
     take under this Act.
       (c) Liability of the Private Corporation.--Except as 
     provided in this Act, the private corporation shall be liable 
     for any liabilities arising out of its operations after the 
     privatization date.
       (d) Liability of Officers and Directors.--(1) No officer, 
     director, employee, or agent of the Corporation shall be 
     liable in any civil proceeding to any party in connection 
     with any action taken in connection with the privatization 
     if, with respect to the subject matter of the action, suit, 
     or proceeding, such person was acting within the scope of his 
     employment.
       (2) This subsection shall not apply to claims arising under 
     the Securities Act of 1933 (15 U.S.C. 77a. et seq.), the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a. et seq.), or 
     under the Constitution or laws of any State, territory, or 
     possession of the United States relating to transactions in 
     securities.

     SEC. 10. EMPLOYEE PROTECTIONS.

       (a) Contractor Employees.--(1) Privatization shall not 
     diminish the accrued, vested pension benefits of employees of 
     the Corporation's operating contractor at the two gaseous 
     diffusion plants.
       (2) In the event that the private corporation terminates or 
     changes the contractor at either or both of the gaseous 
     diffusion

[[Page S1873]]

     plants, the plan sponsor or other appropriate fiduciary of 
     the pension plan covering employees of the prior operating 
     contractor shall arrange for the transfer of all plan assets 
     and liabilities relating to accrued pension benefits of such 
     plan's participants and beneficiaries from such plant to a 
     pension plan sponsored by the new contractor or the private 
     corporation or a joint labor-management plan, as the case may 
     be.
       (3) In addition to any obligations arising under the 
     National Labor Relations Act (29 U.S.C. 151 et seq.), any 
     employer (including the private corporation if it operates a 
     gaseous diffusion plant without a contractor or any 
     contractor of the private corporation) at a gaseous diffusion 
     plant shall--
       (A) abide by the terms of any unexpired collective 
     bargaining agreement covering employees in bargaining units 
     at the plant and in effect on the privatization date until 
     the stated expiration or termination date of the agreement; 
     or
       (B) in the event a collective bargaining agreement is not 
     in effect upon the privatization date, have the same 
     bargaining obligations under section 8(d) of the National 
     Labor Relations Act (29 U.S.C. 158(d)) as it had immediately 
     before the privatization date.
       (4) If the private corporation replaces its operating 
     contractor at a gaseous diffusion plant, the new employer 
     (including the new contractor or the private corporation if 
     it operates a gaseous diffusion plant without a contractor) 
     shall--
       (A) offer employment to non-management employees of the 
     predecessor contractor to the extent that their jobs still 
     exist or they are qualified for new jobs, and
       (B) abide by the terms of the predecessor contractor's 
     collective bargaining agreement until the agreement expires 
     or a new agreement is signed.
       (5) In the event of a plant closing or mass layoff (as such 
     terms are defined in section 2101(a) (2) and (3) of title 29, 
     United States Code) at either of the gaseous diffusion 
     plants, the Secretary of Energy shall treat any adversely 
     affected employee of an operating contractor at either plant 
     who was an employee at such plant on July 1, 1993, as a 
     Department of Energy employee for purposes of sections 3161 
     and 3162 of the National Defense Authorization Act for Fiscal 
     Year 1993 (42 U.S.C. 7274h-7274i).
       (6)(A) The Secretary and the private corporation shall 
     cause the post-retirement health benefits plan provider (or 
     its successor) to continue to provide benefits for eligible 
     persons, as described under subparagraph (B), employed by an 
     operating contractor at either of the gaseous diffusion 
     plants in an economically efficient manner and at 
     substantially the same level of coverage as eligible retirees 
     are entitled to receive on the privatization date.
       (B) Persons eligible for coverage under subparagraph (A) 
     shall be limited to:
       (i) persons who retired from active employment at one of 
     the gaseous diffusion plants on or before the privatization 
     date as vested participants in a pension plan maintained 
     either by the Corporation's operating contractor or by a 
     contractor employed prior to July 1, 1993, by the Department 
     of Energy to operate a gaseous diffusion plant; and
       (ii) persons who are employed by the Corporation's 
     operating contractor on or before the privatization date and 
     are vested participants in a pension plan maintained either 
     by the Corporation's operating contractor or by a contractor 
     employed prior to July 1, 1993, by the Department of Energy 
     to operate a gaseous diffusion plant.
       (C) The Secretary shall fund the entire cost of post-
     retirement health benefits for persons who retired from 
     employment with an operating contractor prior to July 1, 
     1993.
       (D) The Secretary and the Corporation shall fund the cost 
     of post-retirement health benefits for persons who retire 
     from employment with an operating contractor on or after July 
     1, 1993, in proportion to the retired person's years and 
     months of service at a gaseous diffusion plant under their 
     respective management.
       (7)(A) Any suit under this subsection alleging a violation 
     of an agreement between an employer and a labor organization 
     shall be brought in accordance with section 301 of the Labor 
     Management Relations Act (29 U.S.C. 185).
       (B) Any charge under this subsection alleging an unfair 
     labor practice violative of section 8 of the National Labor 
     Relations Act (29 U.S.C. 158) shall be pursued in accordance 
     with section 10 of the National Labor Relations Act (29 
     U.S.C. 160).
       (C) Any suit alleging a violation of any provision of this 
     subsection, to the extent it does not allege a violation of 
     the National Labor Relations Act, may be brought in any 
     district court of the United States having jurisdiction over 
     the parties, without regard to the amount in controversy or 
     the citizenship of the parties.
       (b) Former Federal Employees.--(1)(A) An employee of the 
     Corporation that was subject to either the Civil Service 
     Retirement System (referred to in this section as ``CSRS'') 
     or the Federal Employees' Retirement System (referred to in 
     this section as ``FERS'') on the day immediately preceding 
     the privatization date shall elect--
       (i) to retain the employee's coverage under either CSRS or 
     FERS, as applicable, in lieu of coverage by the Corporation's 
     retirement system, or
       (ii) to receive a deferred annuity or lump-sum benefit 
     payable to a terminated employee under CSRS or FERS, as 
     applicable.
       (B) An employee that makes the election under subparagraph 
     (A)(ii) shall have the option to transfer the balance in the 
     employee's Thrift Savings Plan account to a defined 
     contribution plan under the Corporation's retirement system, 
     consistent with applicable law and the terms of the 
     Corporation's defined contribution plan.
       (2) The Corporation shall pay to the Civil Service 
     Retirement and Disability Fund--
       (A) such employee deductions and agency contributions as 
     are required by sections 8334, 8422, and 8423 of title 5, 
     United States Code, for those employees who elect to retain 
     their coverage under either CSRS or FERS pursuant to 
     paragraph (1);
       (B) such additional agency contributions as are determined 
     necessary by the Office of Personnel Management to pay, in 
     combination with the sums under subparagraph (A), the 
     ``normal cost'' (determined using dynamic assumptions) of 
     retirement benefits for those employees who elect to retain 
     their coverage under CSRS pursuant to paragraph (1), with the 
     concept of ``normal cost'' being used consistent with 
     generally accepted actuarial standards and principles; and
       (C) such additional amounts, not to exceed two percent of 
     the amounts under subparagraphs (A) and (B) as are determined 
     necessary by the Office of Personnel Management to pay the 
     cost of administering retirement benefits for employees who 
     retire from the Corporation after the privatization date 
     under either CSRS or FERS, for their survivors, and for 
     survivors of employees of the Corporation who die after the 
     privatization date (which amounts shall be available to the 
     Office of Personnel Management as provided in section 
     8348(a)(1)(B) of title 5, United States Code).
       (3) The Corporation shall pay to the Thrift Savings Fund 
     such employee and agency contributions as are required by 
     section 8432 of title 5, United States Code, for those 
     employees who elect to retain their coverage under FERS 
     pursuant to paragraph (1).
       (4) Any employee of the Corporation who was subject to the 
     Federal Employee Health Benefits Program (referred to in this 
     section as ``FEHBP'') on the day immediately preceding the 
     privatization date and who elects to retain coverage under 
     either CSRS or FERS pursuant to paragraph (1) shall have the 
     option to receive health benefits from a health benefit plan 
     established by the Corporation or to continue without 
     interruption coverage under the FEHBP, in lieu of coverage by 
     the Corporation's health benefit system.
       (5) The Corporation shall pay to the Employees Health 
     Benefits Fund--
       (A) such employee deductions and agency contributions as 
     are required by section 8906(a)-(f) of title 5, United States 
     Code, for those employees who elect to retain their coverage 
     under FEHBP pursuant to paragraph (4); and
       (B) such amounts as are determined necessary by the Office 
     of Personnel Management under paragraph (6) to reimburse the 
     Office of Personnel Management for contributions under 
     section 8906(g)(1) of title 5, United States Code, for those 
     employees who elect to retain their coverage under FEHBP 
     pursuant to paragraph (4).
       (6) The amounts required under paragraph (5)(B) shall pay 
     the Government contributions for retired employees who retire 
     from the Corporation after the privatization date under 
     either CSRS or FERS, for survivors of such retired employees, 
     and for survivors of employees of the Corporation who die 
     after the privatization date, with said amounts prorated to 
     reflect only that portion of the total service of such 
     employees and retired persons that was performed for the 
     Corporation after the privatization date.

     SEC. 11. OWNERSHIP LIMITATIONS.

       (a) Securities Limitations.--No director, officer, or 
     employee of the Corporation may acquire any securities, or 
     any rights to acquire any securities of the private 
     corporation on terms more favorable than those offered to the 
     general public--
       (1) in a public offering designed to transfer ownership of 
     the Corporation to private investors,
       (2) pursuant to any agreement, arrangement, or 
     understanding entered into before the privatization date, or
       (3) before the election of the directors of the private 
     corporation.
       (b) Ownership Limitation.--Immediately following the 
     consummation of the transaction or series of transactions 
     pursuant to which 100 percent of the ownership of the 
     Corporation is transferred to private investors, and for a 
     period of three years thereafter, no person may acquire, 
     directly or indirectly, beneficial ownership of securities 
     representing more than 10 percent of the total votes of all 
     outstanding voting securities of the Corporation. The 
     foregoing limitation shall not apply to--
       (1) any employee stock ownership plan of the Corporation,
       (2) members of the underwriting syndicate purchasing shares 
     in stabilization transactions in connection with the 
     privatization, or
       (3) in the case of shares beneficially held in the ordinary 
     course of business for others, any commercial bank, broker-
     dealer, or clearing agency.

     SEC. 12. URANIUM TRANSFERS AND SALES.

       (a) Transfers and Sales by the Secretary.--The Secretary 
     shall not provide enrichment services or transfer or sell any 
     uranium (including natural uranium concentrates, natural 
     uranium hexafluoride, or enriched uranium in any form) to any 
     person except as consistent with this section.

[[Page S1874]]

       (b) Russian HEU.--(1) On or before December 31, 1996, the 
     United States Executive Agent under the Russian HEU Agreement 
     shall transfer to the Secretary without charge title to an 
     amount of uranium hexafluoride equivalent to the natural 
     uranium component of low-enriched uranium derived from at 
     least 18 metric tons of highly enriched uranium purchased 
     from the Russian Executive Agent under the Russian HEW 
     Agreement. The quantity of such uranium hexafluoride 
     delivered to the Secretary shall be based on a tails assay of 
     0.30 U\235\. Uranium hexafluoride transferred to the 
     Secretary pursuant to this paragraph shall be deemed under 
     United States law for all purposes to be of Russian origin.
       (2) Within 7 years of the date of enactment of this Act, 
     the Secretary shall sell, and receive payment for, the 
     uranium hexafluoride transferred to the Secretary pursuant to 
     paragraph (1). Such uranium hexafluoride shall be sold--
       (A) at any time for use in the United States for the 
     purpose of overfeeding;
       (B) at any time for end use outside the United States;
       (C) in 1995 and 1996 to the Russian Executive Agent at the 
     purchase price for use in matched sales pursuant to the 
     Suspension Agreement; or,
       (D) in calendar year 2001 for consumption by end users in 
     the United States not prior to January 1, 2002, in volumes 
     not to exceed 3,000,000 pounds U3O8 equivalent per 
     year.
       (3) With respect to all enriched uranium delivered to the 
     United States Executive Agent under the Russian HEU Agreement 
     on or after January 1, 1997, the United States Executive 
     Agent shall, upon request of the Russian Executive Agent, 
     enter into an agreement to deliver concurrently to the 
     Russian Executive Agent an amount of uranium hexafluoride 
     equivalent to the natural uranium component of such uranium. 
     An agreement executed pursuant to a request of the Russian 
     Executive Agent, as contemplated in this paragraph, may 
     pertain to any deliveries due during any period remaining 
     under the Russian HEU Agreement. The quantity of such uranium 
     hexafluoride delivered to the Russian Executive Agent shall 
     be based on a tails assay of 0.30 U\235\. Title to uranium 
     hexafluoride delivered to the Russian Executive Agent 
     pursuant to this paragraph shall transfer to the Russian 
     Executive Agent upon delivery of such material to the Russian 
     Executive Agent, with such delivery to take place at a North 
     American facility designated by the Russian Executive Agent. 
     Uranium hexafluoride delivered to the Russian Executive Agent 
     pursuant to this paragraph shall be deemed under U.S. law for 
     all purposes to be of Russian origin. Such uranium 
     hexafluoride may be sold to any person or entity for delivery 
     and use in the United States only as permitted in subsections 
     (b)(5), (b)(6) and (b)(7) of this section.
       (4) In the event that the Russian Executive Agent does not 
     exercise its right to enter into an agreement to take deliver 
     of the natural uranium component of any low-enriched uranium, 
     as contemplated in paragraph (3), within 90 days of the date 
     such low-enriched uranium is delivered to the United States 
     Executive Agent, or upon request of the Russian Executive 
     Agent, then the United States Executive Agent shall engage an 
     independent entity through a competitive selection process to 
     auction an amount of uranium hexafluoride or U3O8 
     (in the event that the conversion component of such 
     hexafluoride has previously been sold) equivalent to the 
     natural uranium component of such low-enriched uranium. An 
     agreement executed pursuant to a request of the Russian 
     Executive Agent, as contemplated in this paragraph, may 
     pertain to any deliveries due during any period remaining 
     under the Russian HEU Agreement. Such independent entity 
     shall sell such uranium hexafluoride in one or more lots to 
     any person or entity to maximize the proceeds from such 
     sales, for disposition consistent with the limitations set 
     forth in this subsection. The independent entity shall pay to 
     the Russian Executive Agent the proceeds of any such auction 
     less all reasonable transaction and other administrative 
     costs. The quantity of such uranium hexafluoride auctioned 
     shall be based on a tails assay of 0.30 U\235\. Title to 
     uranium hexafluoride auctioned pursuant to this paragraph 
     shall transfer to the buyer of such material upon delivery of 
     such material to the buyer. Uranium hexafluoride auctioned 
     pursuant to this paragraph shall be deemed under United 
     States law for all purposes to be of Russian origin.
       (5) Except as provided in paragraphs (6) and (7), uranium 
     hexafluoride delivered to the Russian Executive Agent under 
     paragraph (3) or auctioned pursuant to paragraph (4), may not 
     be delivered for consumption by end users in the United 
     States either directly or indirectly prior to January 1, 
     1998, and thereafter only in accordance with the following 
     schedule:

                 ANNUAL MAXIMUM DELIVERIES TO END USERS                 
                     (millions lbs. U3O8 equivalent)                    
Year:                                                                   
  1998.................................................                2
  1999.................................................                4
  2000.................................................                6
  2001.................................................                8
  2002.................................................               10
  2003.................................................               12
  2004.................................................               14
  2005.................................................               16
  2006.................................................               17
  2007.................................................               18
  2008.................................................               19
  2009 and each year thereafter........................              20.
                                                                        

       (6) Uranium hexafluoride delivered to the Russian Executive 
     Agent under paragraph (3) or auctioned pursuant to paragraph 
     (4) may be sold at any time as Russian-origin natural uranium 
     in a matched sale pursuant to the Suspension Agreement, and 
     in such case shall not be counted against the annual maximum 
     deliveries set forth in paragraph (5).
       (7) Uranium hexafluoride delivered to the Russian Executive 
     Agent under paragraph (3) or auctioned pursuant to paragraph 
     (4) may be sold at any time for use in the United States for 
     the purpose of overfeeding in the operations of enrichment 
     facilities.
       (8) Nothing in this subsection (b) shall restrict the sale 
     of the conversion component of such uranium hexafluoride.
       (9) The Secretary of Commerce shall have responsibility for 
     the administration and enforcement of the limitations set 
     forth in this subsection. The Secretary of Commerce may 
     require any person to provide any certifications, 
     information, or take any action that may be necessary to 
     enforce these limitations. The United States Customs Service 
     shall maintain and provide any information required by the 
     Secretary of Commerce and shall take any action requested by 
     the Secretary of Commerce which is necessary for the 
     administration and enforcement of the uranium delivery 
     limitations set forth in this section.
       (10) The President shall monitor the actions of the United 
     States Executive Agent under the Russian HEU Agreement and 
     shall report to the Congress not later than December 31 of 
     each year on the effect the low-enriched uranium delivered 
     under the Russian HEU Agreement is having on the domestic 
     uranium mining, conversion, and enrichment industries, and 
     the operation of the gaseous diffusion plants. Such report 
     shall include a description of actions taken or proposed to 
     be taken by the President to prevent or mitigate any material 
     adverse impact on such industries or any loss of employment 
     at the gaseous diffusion plants as a result of the Russian 
     HEU Agreement.
       (c) Transfers to the Corporation.--(1) The Secretary shall 
     transfer to the Corporation without charge up to 50 metric 
     tons of enriched uranium and up to 7,000 metric tons of 
     natural uranium from the Department of Energy's stockpile, 
     subject to the restrictions in subsection (c)(2).
       (2) The Corporation shall not deliver for commercial end 
     use in the United States--
       (A) any of the uranium transferred under this subsection 
     before January 1, 1998;
       (B) more than 10 percent of the uranium (by uranium 
     hexafluoride equivalent content) transferred under this 
     subsection or more than 4,000,000 pounds, whichever is less, 
     in any calendar year after 1997; or
       (C) more than 800,000 separative work units contained in 
     low-enriched uranium transferred under this subsection in any 
     calendar year.
       (d) Inventory Sales.--(1) In addition to the transfers 
     authorized under subsections (c) and (e), the Secretary may, 
     from time to time, sell natural and low-enriched uranium 
     (including low-enriched uranium derived from highly enriched 
     uranium) from the Department of Energy's stockpile.
       (2) Except as provided in subsections (b), (c), and (e), no 
     sale or transfer of natural or low-enriched uranium shall be 
     made unless--
       (A) the President determines that the material is not 
     necessary for national security needs,
       (B) the Secretary determines that the sale of the material 
     will not have an adverse material impact on the domestic 
     uranium mining, conversion, or enrichment industry, taking 
     into account the sales of uranium under the Russian HEU 
     Agreement and the Suspension Agreement, and
       (C) the price paid to the Secretary will not be less than 
     the fair market value of the material.
       (e) Government Transfers.--Notwithstanding subsection 
     (d)(2), the Secretary may transfer or sell enriched uranium--
       (1) to a Federal agency if the material is transferred for 
     the use of the receiving agency without any resale or 
     transfer to another entity and the material does not meet 
     commercial specifications;
       (2) to any person for national security purposes, as 
     determined by the Secretary; or
       (3) to any State or local agency or nonprofit, charitable, 
     or educational institution for use other than the generation 
     of electricity for commercial use.
       (f) Savings Provision.--Nothing in this Act shall be read 
     to modify the terms of the Russian HEU Agreement.

     SEC. 13. LOW-LEVEL WASTE.

       (a) Responsibility of DOE.--(1) The Secretary, at the 
     request of the generator, shall accept for disposal low-level 
     radioactive waste, including depleted uranium if it were 
     ultimately determined to be low-level radioactive waste, 
     generated by--
       (A) The Corporation as a result of the operations of the 
     gaseous diffusion plants or as a result of the treatment of 
     such wastes at a location other than the gaseous diffusion 
     plants, or
       (B) any person licensed by the Nuclear Regulatory 
     Commission to operate a uranium enrichment facility under 
     sections 53, 63, and 193 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2073, 2093, and 2243).
       (2) Except as provided in paragraph (3), the generator 
     shall reimburse the Secretary for

[[Page S1875]]

     the disposal of low-level radioactive waste pursuant to 
     paragraph (1) in an amount equal to the Secretary's costs, 
     including a pro rata share of any capital costs, but in no 
     event more than an amount equal to that which would be 
     charged by commercial, State, regional, or interstate compact 
     entities for disposal of such waste.
       (3) In the event depleted uranium were ultimately 
     determined to be low-level radioactive waste, the generator 
     shall reimburse the Secretary for the disposal of depleted 
     uranium pursuant to paragraph (1) in an amount equal to the 
     Secretary's costs, including a pro rata share of any capital 
     costs.
       (b) Agreements With Other Persons.--The generator may also 
     enter into agreements for the disposal of low-level 
     radioactive waste subject to subsection (a) with any person 
     other than the Secretary that is authorized by applicable 
     laws and regulations to dispose of such wastes.
       (c) State or Interstate Compacts.--Notwithstanding any 
     other provision of law, no State or interstate compact shall 
     be liable for the treatment, storage, or disposal of any low-
     level radioactive waste (including mixed waste) attributable 
     to the operation, decontamination, and decommissioning of any 
     uranium enrichment facility.

     SEC. 14. AVLIS.

       (a) Exclusive Right to Commercialize.--The Corporation 
     shall have the exclusive commercial right to deploy and use 
     any AVLIS patents, processes, and technical information owned 
     or controlled by the Government, upon completion of a royalty 
     agreement with the Secretary.
       (b) Transfer of Related Property to Corporation.--
       (1) In general.--To the extend requested by the Corporation 
     and subject to the requirement of the Atomic Energy Act of 
     1954 (42 U.S.C. 2011, et seq.), the President shall transfer 
     without charge to the Corporation all of the right, title, or 
     interest in and to property owned by the United States under 
     control or custody of the Secretary that is directly related 
     to and materially useful in the performance of the 
     Corporation's purposes regarding AVLIS and alternative 
     technologies for uranium enrichment, including--
       (A) facilities, equipment, and materials for research, 
     development, and demonstration activities; and
       (B) all other facilities, equipment, materials, processes, 
     patents, technical information of any kind, contracts, 
     agreements, and leases.
       (2) Exception.--Facilities, real estate, improvements, and 
     equipment related to the gaseous diffusion, and gas 
     centrifuge, uranium enrichment programs of the Secretary 
     shall not transfer under paragraph (1)(B)
       (3) Expiration of transfer authority.--The President's 
     authority to transfer property under this subjection shall 
     expire upon the privatization date.
       (c) Liability for Patent and Related Claims.--With respect 
     to any right, title, or interest provided to the Corporation 
     under subsection (a) or (b), the Corporation shall have sole 
     liability for any payments made or awards under section 157 
     b. (3) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2187(b)(3)), or any settlements or judgments involving claims 
     for alleged patent infringement. Any royalty agreement under 
     subsection (a) of this section shall provide for a reduction 
     of royalty payments to the Secretary to offset any payments, 
     awards, settlements, or judgments under this subsection.

     SEC. 15. APPLICATION OF CERTAIN LAWS.

       (a) OSHA.--(1) As of the privatization date, the private 
     corporation shall be subject to and comply with the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
     seq.).
       (2) The Nuclear Regulatory Commission and the Occupational 
     Safety and Health Administration shall, within 90 days after 
     the date of enactment of this Act, enter into a memorandum of 
     agreement to govern the exercise of their authority over 
     occupational safety and health hazards at the gaseous 
     diffusion plants, including inspection, investigation, 
     enforcement, and rulemaking relating to such hazards.
       (b) Antitrust Laws.--For purposes of the antitrust laws, 
     the performance by the private corporation of a ``matched 
     import'' contract under the Suspension Agreement shall be 
     considered to have occurred prior to the privatization date, 
     if at the time of privatization, such contract had been 
     agreed to by the parties in all material terms and confirmed 
     by the Secretary of Commerce under the Suspension Agreement.
       (c) Energy Reorganization Act Requirements.--(1) The 
     private corporation and its contractors and subcontractors 
     shall be subject to the provisions of section 211 of the 
     Energy Reorganization Act of 1974 (42 U.S.C. 5851) to the 
     same extent as an employer subject to such section.
       (2) With respect to the operation of the facilities leased 
     by the private corporation, section 206 of the Energy 
     Reorganization Act of 1974 (42 U.S.C. 5846) shall apply to 
     the directors and officers of the private corporation.

     SEC. 16. AMENDMENTS TO THE ATOMIC ENERGY ACT.

       (a) Repeal.--(1) Chapters 22 through 26 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as 
     of the privatization date.
       (2) The table of contents of such Act is amended as of the 
     privatization date by striking the items referring to 
     sections repealed by paragraph (1).
       (b) NRC Licensing.--(1) Section 11v. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014v.) is amended by striking ``or 
     the construction and operation of a uranium enrichment 
     facility using Atomic Vapor Laser Isotope Separation 
     technology''.
       (2) Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2243) is amended by adding at the end the following:
       ``(f) Limitation.--No license or certificate of compliance 
     may be issued to the United States Enrichment Corporation or 
     its successor under this section or sections 53, 63, or 1701, 
     if the Commission determines that--
       ``(1) the Corporation is owned, controlled, or dominated by 
     an alien, a foreign corporation, or a foreign government; or
       ``(2) the issuance of such a license or certificate of 
     compliance would be inimical to--
       ``(A) the common defense and security of the United States; 
     or
       ``(B) the maintenance of a reliable and economical domestic 
     source of enrichment services.''.
       (3) Section 1701(c)(2) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2297f(c)(2)) is amended to read as follows:
       ``(2) Periodic application for certificate of compliance.--
     The Corporation shall apply to the Nuclear Regulatory 
     Commission for a certificate of compliance under paragraph 
     (1) periodically, as determined by the Commission, but not 
     less than every 5 years. The Commission shall review any such 
     application and any determination made under subsection 
     (b)(2) shall be based on the results of any such review.''
       (4) Section 1702(a) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2297f-1(a)) is amended--
       (1) by striking ``other than'' and inserting ``including'', 
     and
       (2) by striking ``sections 53 and 63'' and inserting 
     ``sections 53, 63, and 193''.
       (c) Judicial Review of NRC Actions.--Section 189b. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to 
     read as follows:
       ``b. The following Commission actions shall be subject to 
     judicial review in the manner prescribed in chapter 158 of 
     title 28, United States Code, and chapter 7 of title 5, 
     United States Code:
       ``(1) Any final order entered in any proceeding of the kind 
     specified in subsection (a).
       ``(2) Any final order allowing or prohibiting a facility to 
     begin operating under a combined construction and operating 
     license.
       ``(3) Any final order establishing by regulation standards 
     to govern the Department of Energy's gaseous diffusion 
     uranium enrichment plants, including any such facilities 
     leased to a corporation established under the USEC 
     Privatization Act.
       ``(4) Any final determination under section 1701(c) 
     relating to whether the gaseous diffusion plants, including 
     any such facilities leased to a corporation established under 
     the USEC Privatization Act, are in compliance with the 
     Commission's standards governing the gaseous diffusion plants 
     and all applicable laws.''.
       (d) Civil Penalties.--Section 234a. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2282(a) is amended by--
       (1) striking ``any licensing provision of section 53, 57, 
     62, 63, 81, 82, 101, 103, 104, 107, or 109'' and inserting: 
     ``any licensing or certification provision of section 53, 57, 
     62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701''; and
       (2) by striking ``any license issued thereunder'' and 
     inserting: ``any lease or certification issued thereunder''.
       (e) References to the Corporation.--Following the 
     privatization date, all references in the Atomic Energy Act 
     of 1954 to the United States Enrichment Corporation shall be 
     deemed to be references to the private corporation.

     SEC. 17. AMENDMENTS TO OTHER LAWS.

       (a) Definition of Government Corporation.--As of the 
     privatization date, section 9101(3) of title 31, United 
     States Code, is amended by striking subparagraph (N) as added 
     by section 902(b) of Public Law 102-486.
       (b) Definition of the Corporation.--Section 1018 (1) of the 
     Energy Policy Act of 1992 (42 U.S.C. 2296b-7(1) is amended by 
     inserting ``or its successor'' before the period.


                 subpart b--strategic petroleum reserve

     SEC. 431. SALE OF WEEKS ISLAND OIL.

       Notwithstanding section 161 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6241), the Secretary of Energy 
     shall draw down and sell in fiscal year 1996, $292,000,000 
     worth of oil formerly contained in the Weeks Island Strategic 
     Petroleum Reserve.
                                 ______


                HOLLINGS (AND OTHERS) AMENDMENT NO. 3474

  Mr. HOLLINGS (for himself, Mr. Daschle, Mr. Kerry, Mr. Lieberman, Mr. 
Bingaman, Mr. Leahy, Mr. Rockefeller, and Mr. Kerrey) proposed an 
amendment to amendment No. 3466 proposed by Mr. Hatfield to the bill 
H.R. 3019, supra; as follows:

       On page 781 of the Committee amendment, strike lines 5 and 
     6, and insert in lieu thereof the following:
       This title may be cited as the ``Contingency Appropriations 
     Act, 1996''.

[[Page S1876]]

                    TITLE V--TECHNOLOGY INITIATIVES

        CHAPTER 1--RESTORATIONS FOR PRIORITY TECHNOLOGY PROGRAMS

  DEPARTMENTS OF COMMERCE, JUSTICE, STATE, THE JUDICIARY, AND RELATED 
                                AGENCIES

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                     INDUSTRIAL TECHNOLOGY SERVICES

       In addition to funds provided elsewhere in this Act, 
     $300,000,000, to remain available until expended, for 
     continuation grants and new program competitions under the 
     Advanced Technology Program: Provided, That notwithstanding 
     any other provision of this Act, any unobligated balances 
     from carryover balances of current and prior year 
     appropriations under the Advanced Technology Program may be 
     used for continuation grants and new program competitions.

       National Telecommunications and Information Administration


                   INFORMATION INFRASTRUCTURE GRANTS

       In addition to funds provided elsewhere in this Act, 
     $32,000,000, to remain available until expended, for 
     increasing the number of grants promoting the development of 
     the national telecommunications and information 
     infrastructure.

                       Technology Administration


                         SALARIES AND EXPENSES

       In addition to funds provided elsewhere in this Act, 
     $4,500,000, to remain available until September 30, 1997, of 
     which $2,500,000 shall be for grants to be awarded by the 
     United States Israel Science and Technology Commission.

  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

       In addition to the amounts provided in Title I of this Act 
     for the Department of Education:
       Under the heading, ``Education Research, Statistics, and 
     Improvement'', of the amounts made available in title I an 
     additional $23,000,000 shall be for part A of title III of 
     the Elementary and Secondary Education Act of 1965, as 
     amended.

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
          INDEPENDENT AGENCIES ENVIRONMENTAL PROTECTION AGENCY


                         SCIENCE AND TECHNOLOGY

       In addition to funds provided elsewhere in this Act, 
     $31,000,000, to remain available until September 30, 1997.


                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       In addition to funds provided elsewhere in this Act, 
     $31,000,000, to remain available until September 30, 1997.

               CHAPTER 2--OFFSET FOR TECHNOLOGY PROGRAMS

     SEC. 5101. SHORT TITLE.

       This chapter may be cited as the ``Debt Collection 
     Improvement Act of 1996''.

     SEC. 5102. EFFECTIVE DATE.

       Except as otherwise provided in this chapter, the 
     provisions of this chapter and the amendments made by this 
     chapter shall become effective October 1, 1996.

              Part I--General Debt Collection Initiatives

                  Subpart A--General Offset Authority

     SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE OFFSET AUTHORITY.

       (a) Section 3701(c) of title 31, United States Code, is 
     amended to read as follows:
       ``(c) In sections 3716 and 3717 of this title, the term 
     `person' does not include an agency of the United States 
     Government, or of a unit of general local government.''.
       (b) Section 3716 of title 31, United States Code, is 
     amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Before collecting a claim by administrative offset, 
     the head of an executive, legislative, or judicial agency 
     must either--
       ``(1) adopt regulations on collecting by administrative 
     offset promulgated by the Department of Justice, the General 
     Accounting Office and/or the Department of the Treasury 
     without change; or
       ``(2) prescribe independent regulations on collecting by 
     administrative offset consistent with the regulations 
     promulgated under paragraph (1).'';
       (2) by amending subsection (c)(2) to read as follows:
       ``(2) when a statute explicitly prohibits using 
     administrative `offset' or `setoff' to collect the claim or 
     type of claim involved.'';
       (3) by redesignating subsection (c) as subsection (d); and
       (4) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1)(A) Except as provided in subparagraph (B) or (C), 
     a disbursing official of the Department of the Treasury, the 
     Department of Defense, the United States Postal Service, or 
     any disbursing official of the United States designated by 
     the Secretary of the Treasury, is authorized to offset the 
     amount of a payment which a payment certifying agency has 
     certified to the disbursing official for disbursement by an 
     amount equal to the amount of a claim which a creditor agency 
     has certified to the Secretary of the Treasury pursuant to 
     his subsection.
       ``(B) An agency that designates disbursing officials 
     pursuant to section 3321(c) of this title is not required to 
     certify claims arising out of its operations to the Secretary 
     of the Treasury before such agency's disbursing officials 
     offset such claims.
       ``(C) Payments certified by the Department of Education 
     under a program administered by the Secretary of Education 
     under title IV of the Higher Education Act of 1965, as 
     amended, shall not be subject to offset under this 
     subsection.
       ``(2) Neither the disbursing official nor the payment 
     certifying agency shall be liable--
       ``(A) for the amount of the offset on the basis that the 
     underlying obligation, represented by the payment before the 
     offset was taken, was not satisfied; or
       ``(B) for failure to provide timely notice under paragraph 
     (8).
       ``(3)(A) Notwithstanding any other provision of law 
     (including sections 207 and 1631(d)(1) of the Act of August 
     14, 1935 (42 U.S.C. 407 and 1383(d)(1)), section 413(b) of 
     Public Law 91-173 (30 U.S.C. 923(b)), and section 14 of the 
     Act of August 29, 1935 (45 U.S.C. 231m)), all payments due 
     under the Social Security Act, Part B of the Black Lung 
     Benefits Act, or under any law administered by the Railroad 
     Retirement Board shall be subject to offset under this 
     section.
       ``(B) An amount of $10,000 which a debtor may receive under 
     Federal benefit programs cited under subparagraph (A) within 
     a 12-month period shall be exempt from offset under this 
     subsection. In applying the $10,000 exemption, the disbursing 
     official shall--
       ``(i) apply a prorated amount of the exemption to each 
     periodic benefit payment to be made to the debtor during the 
     applicable 12-month period; and
       ``(ii) consider all benefit payments made during the 
     applicable 12-month period which are exempt from offset under 
     this subsection as part of the $10,000 exemption.

     For purposes of the preceding sentence, the amount of a 
     periodic benefit payment shall be the amount after any 
     reduction or deduction required under the laws authoring the 
     program under which such payment is authorized to be made 
     (including any reduction or deduction to recover any 
     overpayment under such program).
       ``(C) The Secretary of the Treasury shall exempt means-
     tested programs when notified by the head of the respective 
     agency. The Secretary may exempt other payments from offset 
     under this subsection upon the written request of the head of 
     a payment certifying agency. A written request for exemption 
     of other payments must provide justification for the 
     exemption under the standards prescribed by the Secretary. 
     Such standards shall give due consideration to whether offset 
     would tend to interfere substantially with or defeat the 
     purposes of the payment certifying agency's program.
       ``(D) The provisions of sections 205(b)(1) and 1631(c)(1) 
     of the Social Security Act shall not apply to any offset 
     executed pursuant to this section against benefits authorized 
     by either title II or title XVI of the Social Security Act.
       ``(4) The Secretary of the Treasury is authorized to charge 
     a fee sufficient to cover the full cost of implementing this 
     subsection. The fee may be collected either by the retention 
     of a portion of amounts collected pursuant to this 
     subsection, or by billing the agency referring or 
     transferring the claim. Fees charged to the agencies shall be 
     based only on actual offsets completed. Fees charged under 
     this subsection concerning delinquent claims may be 
     considered as costs pursuant to section 3717(e) of this 
     title. Fees charged under this subsection shall be deposited 
     into the `Account' determined by the Secretary of the 
     Treasury in accordance with section 3711(g) of this title, 
     and shall be collected and accounted for in accordance with 
     the provisions of that section.
       ``(5) The Secretary of the Treasury may disclose to a 
     creditor agency the current address of any payee and any data 
     related to certifying and authorizing such payment in 
     accordance with section 552a of title 5, United States Code, 
     even when the payment has been exempt from offset. Where 
     payments are made electronically, the Secretary is authorized 
     to obtain the current address of the debtor/payee from the 
     institution receiving the payment. Upon request by the 
     Secretary, the institution receiving the payment shall report 
     the current address of the debtor/payee to the Secretary.
       ``(6) The Secretary of the Treasury is authorized to 
     prescribe such rules, regulations, and procedures as the 
     Secretary of the Treasury deems necessary to carry out the 
     purposes of this subsection. The Secretary shall consult with 
     the heads of affected agencies in the development of such 
     rules, regulations, and procedures.
       ``(7)(A) Any Federal agency that is owed by a named person 
     a past-due legally enforceable non-tax debt that is over 180 
     days delinquent (other than any past-due support), including 
     non-tax debt administered by a third party acting as an agent 
     for the Federal Government, shall notify the Secretary of the 
     Treasury of all such non-tax debts for purposes of offset 
     under this subsection.
       ``(B) An agency may delay notification under subparagraph 
     (A) with respect to a debt that is secured by bond or other 
     instruments in lieu of bond, or for which there is another 
     specific repayment source, in order to allow sufficient time 
     to either collect the debt through normal collection 
     processes (including collection by internal administrative 
     offset) or render a final decision on any protest filed 
     against the claim.
       ``(8) The disbursing official conducting the offset shall 
     notify the payee in writing of--
       ``(A) the occurrence of an offset to satisfy a past-due 
     legally enforceable debt, including a description of the type 
     and amount of

[[Page S1877]]

     the payment otherwise payable to the debtor against which the 
     offset was executed;
       ``(B) the identity of the creditor agency requesting the 
     offset; and
       ``(C) a contact point within the creditor agency that will 
     handle concerns regarding the offset.''.

     Where the payment to be offset is a periodic benefit payment, 
     the disbursing official shall take reasonable steps, as 
     determined by the Secretary of the Treasury, to provide the 
     notice to the payee not later than the date on which the 
     payee is otherwise scheduled to receive the payment, or as 
     soon as practicable thereafter, but no later than the date of 
     the offset. Notwithstanding the preceding sentence, the 
     failure of the debtor to receive such notice shall not impair 
     the legality of such offset.
       ``(9) A levy pursuant to the Internal Revenue Code of 1986 
     shall take precedence over requests for offset received from 
     other agencies.''.
       (c) Section 3701(a) of title 31, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(8) `non-tax claim' means any claim from any agency of 
     the Federal Government other than a claim by the Internal 
     Revenue Service under the Internal Revenue Code of 1986.''.

     SEC. 5202. HOUSE OF REPRESENTATIVES AS LEGISLATION AGENCY.

       (a) Section 3701 of title 31, United States Code, is 
     amended by adding at the end the following new subsections:
       ``(e) For purposes of subchapters I and II of chapter 37 of 
     title 31, United States Code (relating to claims of or 
     against United States Government), the United States House of 
     Representatives shall be considered to be a legislative 
     agency (as defined in section 3701(a)(4) of such title), and 
     the Clerk of the House of Representatives shall be deemed to 
     be the head of such legislative agency.
       ``(f) Regulations prescribed by the Clerk of the House of 
     Representatives pursuant to section 3716 of title 31, United 
     States Code, shall not become effective until they are 
     approved by the Committee on Rules of the House of 
     Representatives.''.

     SEC. 5203. EXEMPTION FROM COMPUTER MATCHING REQUIREMENTS 
                   UNDER THE PRIVACY ACT OF 1974.

       Section 552a(a) of title 5, United States Code, is amended 
     in paragraph (8)(B)--
       (1) by striking ``or'' at the end of clause (vi);
       (2) by inserting ``or'' at the end of clause (vii); and
       (3) by adding after clause (vii) the following new clause:
       ``(viii) matches for administrative offset or claims 
     collection pursuant to subsection 3716(c) of title 31, 
     section 5514 of this title, or any other payment intercept or 
     offset program authorized by statute;''.

     SEC. 5204. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Title 31, United States Code, is amended--
       (1) in section 3322(a), by inserting ``section 3716 and 
     section 3702A of this title, section 6331 of title 26, and'' 
     after ``Except as provided in'';
       (2) in section 3325(a)(3), by inserting ``or pursuant to 
     payment intercepts or offsets pursuant to section 3716 or 
     3720A, or pursuant to levies executed under section 6331 of 
     the Internal Revenue Code of 1986 (26 U.S.C. 6331),'' after 
     ``voucher''; and
       (3) in sections 3711, 3716, 3717, and 3718, by striking 
     ``the head of an executive or legislative agency'' each place 
     it appears and inserting instead ``the head of an executive, 
     judicial, or legislative agency''.
       (b) Subsection 6103(l)(10) of title 26, United States Code, 
     is amended--
       (1) in subparagraph (A), by inserting ``and to officers and 
     employees of the Department of the Treasury in connection 
     with such reduction'' adding after ``6402''; and
       (2) in subparagraph (B), by adding ``and to officers and 
     employees of the Department of the Treasury in connection 
     with such reduction'' after ``agency''.

                   Subpart B--Salary Offset Authority

     SEC. 5521. ENHANCEMENT OF SALARY OFFSET AUTHORITY.

       Section 5514 of title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) by adding at the end of paragraph (1) the following: 
     ``All Federal agencies to which debts are owed and are 
     delinquent in repayment, shall participate in computer match 
     at least annually of their delinquent debt records with 
     records of Federal employees to identify those employees who 
     are delinquent in repayment of those debts. Matched Federal 
     employee records shall include, but shall not be limited to, 
     active Civil Service employees government wide, military 
     active duty personnel, military reservists, United States 
     Postal Service employees, and records of seasonal and 
     temporary employees. The Secretary of the Treasury shall 
     establish and maintain an interagency consortium to implement 
     centralized salary offset computer matching, and promulgate 
     regulations for this program. Agencies that perform 
     centralized salary offset computer matching services under 
     this subsection are authorized to charge a fee sufficient to 
     cover the full cost for such services.'';
       (b) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (C) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) The provisions of paragraph (2) shall not apply to 
     routine intra-agency adjustments of pay that are attributable 
     to clerical or administrative errors or delays in processing 
     pay documents that have occurred within the four pay periods 
     preceding the adjustment and to any adjustment that amounts 
     to $50 or less, provided that at the time of such adjustment, 
     or as soon thereafter as practical, the individual is 
     provided written notice of the nature and the amount of the 
     adjustment and a point of contact for contesting such 
     adjustment.''; and
       (D) by amending paragraph (5)(B) (as redesignated) to read 
     as follows:
       ``(B) For purposes of this section `agency' includes 
     executive departments and agencies, the United States Postal 
     Service, the Postal Rate Commission, the United States 
     Senate, the United States House of Representatives, and any 
     court, court administrative office, or instrumentality in the 
     judicial or legislative branches of government, and 
     government corporations.'';
       (2) by adding at the end of subsection (b) the following 
     new paragraphs:
       ``(3) For purposes of this section, the Clerk of the House 
     of Representatives shall be deemed to be the head of the 
     agency. Regulations prescribed by the Clerk of the House of 
     Representatives pursuant to subsection (b)(1) shall be 
     subject to the approval of the Committee on Rules of the 
     House of Representatives.
       ``(4) For purposes of this section, the Secretary of the 
     Senate shall be deemed to be the head of the agency. 
     Regulations prescribed by the Secretary of the Senate 
     pursuant to subsection (b)(1) shall be subject to the 
     approval of the Committee on Rules and Administration of the 
     Senate.''; and
       (3) by adding after subsection (c) the following new 
     subsection:
       ``(d) A levy pursuant to the Internal Revenue Code of 1986 
     shall take precedence over requests for offset received from 
     other agencies.''.

                Subpart C--Taxpayer Identifying Numbers

     SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING NUMBERS; BARRING 
                   DELINQUENT DEBTORS FROM CREDIT ASSISTANCE.

       Section 4 of the Debt Collection Act of 1982 (Public Law 
     97-365, 96 Stat. 1749, 26 U.S.C. 6103 note) is amended--
       (1) in subsection (b), by striking ``For purposes of this 
     section'' and inserting instead ``For purposes of subsection 
     (a)''; and
       (2) by adding at the end thereof the following new 
     subsections:
       ``(c) Federal Agencies.--Each Federal agency shall require 
     each person doing business with that agency to furnish to 
     that agency such person's taxpayer identifying number.
       ``(1) For purposes of this subsection, a person is 
     considered to be `doing business' with a Federal agency if 
     the person is--
       ``(A) a lender or servicer in a Federal guaranteed or 
     insured loan program;
       ``(B) an applicant for, or recipient of--
       ``(i) a Federal guaranteed, insured, or direct loan; or
       ``(ii) a Federal license, permit, right-of-way, grant, 
     benefit payment or insurance;
       ``(C) a contractor of the agency;
       ``(D) assessed a fine, fee, royalty, or penalty by that 
     agency;
       ``(E) in a relationship with a Federal agency that may give 
     rise to a receivable due to that agency, such as a partner of 
     a borrower in or a guarantor of a Federal direct or insured 
     loan; and
       ``(F) is a joint holder of any account to which Federal 
     benefit payments are transferred electronically.
       ``(2) Each agency shall disclose to the person required to 
     furnish a taxpayer identifying number under this subsection 
     its intent to use such number for purposes of collecting and 
     reporting on any delinquent amounts arising out of such 
     person's relationship with the government.
       ``(3) For purposes of this subsection:
       ``(A) The term `taxpayer identifying number' has the 
     meaning given such term in section 6109 of title 26, United 
     States Code.
       ``(B) The term `person' means an individual, sole 
     proprietorship, partnership, corporation, nonprofit 
     organization, or any other form of business association, but 
     with the exception of debtors owing claims resulting from 
     petroleum pricing violations does not include debtors under 
     third party claims of the United States.
       ``(d) Access to Social Security Numbers.--Notwithstanding 
     section 552a of title 5, United States Code, creditor 
     agencies to which a delinquent claim is owed, and their 
     agents, may match their debtor records with the Social 
     Security Administration records to verify name, name control, 
     Social Security number, address, and date of birth.''.

     SEC. 5232. BARRING DELINQUENT FEDERAL DEBTORS FROM OBTAINING 
                   FEDERAL LOANS OR LOAN GUARANTEES.

       (a) Title 31, United States Code, is amended by adding 
     after section 3720A the following new section:

     ``Sec. 3720B. Barring delinquent Federal debtors from 
                   obtaining Federal loans or loan guarantees

       ``(a) Unless waived by the head of the agency, no person 
     may obtain any Federal financial assistance in the form of a 
     loan or a loan guarantee if such person has an outstanding 
     Federal non-tax debt which is in a delinquent status, as 
     determined under the standards prescribed by the Secretary of 
     the Treasury, with a Federal agency. Any such person may 
     obtain additional Federal financial assistance only after 
     such delinquency is resolved, pursuant to these standards. 
     This section shall not apply to loans or loan guarantees 
     where a status specifically permits

[[Page S1878]]

     extension of Federal financial assistance to borrowers in 
     delinquent status.
       ``(b) The head of the agency may delegate the waiver 
     authority described in subsection (a) to the Chief Financial 
     Officer of the agency. The waiver authority may 
     be redelegated only to the Deputy Chief Financial Officer 
     of the agency.
       ``(c) For purposes of this section, `person' means an 
     individual; or sole proprietorship, partnership, corporation, 
     non-profit organization, or any other form of business 
     association.''.
       (b) The table of sections for subchapter II of chapter 37 
     of title 31, United States Code, is amended by inserting 
     after the item relating to section 3720A the following new 
     item:

``3720B. Barring delinquent Federal debtors from obtaining Federal 
              loans or loan guarantees.''.

 Subpart D--Expanding Collection Authorities and Governmentwide Cross-
                               Servicing

     SEC. 5241. EXPANDING COLLECTION AUTHORITIES UNDER THE DEBT 
                   COLLECTION ACT OF 1982.

       (a) Subsection 8(e) of the Debt Collection Act of 1982 
     (Public Law 97-365, 31 U.S.C. 3701(d) and 5 U.S.C. 5514 note) 
     is repealed.
       (b) Section 5 of the Social Security Domestic Employment 
     Reform Act of 1994 (Public Law 103-387) is repealed.
       (c) Section 631 of the Tariff Act of 1930 (19 U.S.C. 1631), 
     is repealed.
       (d) Title 31, United States Code, is amended--
       (1) in section 3701--
       (A) by amending subsection (a)(4) to read as follows:
       ``(4) `executive, judicial or legislative agency' means a 
     department, military department, agency, court, court 
     administrative office, or instrumentality in the executive, 
     judicial or legislative branches of government, including 
     government corporations.''; and
       (B) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Sections 3711(f) and 3716-3719 of this title do not 
     apply to a claim or debt under, or to an amount payable 
     under, the Internal Revenue Code of 1986.'';
       (2) by amending section 3711(f) to read as follows:
       ``(f)(1) When trying to collect a claim of the Government, 
     the head of an executive or legislative agency may disclose 
     to a consumer reporting agency information from a system of 
     records and an individual is responsible for a claim of 
     notice required by section 552a(e)(4) of title 5, United 
     States Code, indicates that information in the system may be 
     disclosed to a consumer reporting agency.
       ``(2) The information disclosed to a consumer reporting 
     agency shall be limited to--
       ``(A) information necessary to establish the identity of 
     the individual, including name, address and taxpayer 
     identifying number;
       ``(B) the amount, status, and history of the claim; and
       ``(C) the agency or program under which the claim arose.''; 
     and
       (3) in section 3718--
       (A) in subsection (a), by striking the first sentence and 
     inserting instead the following: ``Under conditions the head 
     of an executive, legislative or judicial agency considers 
     appropriate, the head of an agency may make a contract with a 
     person for collection service to recover indebtedness owed, 
     or to locate or recover assets of, the United States 
     Government. No head of an agency may enter into a contract to 
     locate or recover assets of the United States held by a State 
     government or financial institution unless that agency has 
     established procedures approved by the Secretary of the 
     Treasury to identify and recover such assets.''; and
       (B) in subsection (d), by inserting ``, or to locate or 
     recover assets of'', after ``owed''.

     SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING.

       Section 3711 of title 31, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g)(1) At the discretion of the head of an executive, 
     judicial or legislative agency, referral of a non-tax claim 
     may be made to any executive department or agency operating a 
     debt collection center for servicing and collection in 
     accordance with an agreement entered into under paragraph 
     (2). Referral or transfer of a claim may also be made to the 
     Secretary of the Treasury for servicing, collection, 
     compromise, and/or suspension or termination of collection 
     action. Non-tax claims referred or transferred under this 
     section shall be serviced, collected, compromised, and/or 
     collection action suspended or terminated in accordance with 
     existing statutory requirements and authorities.
       ``(2) Executive departments and agencies operating debt 
     collection centers are authorized to enter into agreements 
     with the heads of executive, judicial, or legislative 
     agencies to service and/or collect non-tax claims referred or 
     transferred under this subsection. The heads of other 
     executive departments and agencies are authorized to enter 
     into agreements with the Secretary of the Treasury for 
     servicing or collection of referred or transferred nontax 
     claims or other Federal agencies operating debt collection 
     centers to obtain debt collection services from those 
     agencies.
       ``(3) Any agency to which non-tax claims are referred or 
     transferred under this subsection is authorized to charge a 
     fee sufficient to cover the full cost of implementing this 
     subsection. The agency transferring or referring the non-tax 
     claim shall be charged the fee, and the agency charging the 
     fee shall collect such fee by retaining the amount of the fee 
     from amounts collected pursuant to this subsection. Agencies 
     may agree to pay through a different method, or to fund the 
     activity from another account or from revenue received from 
     Section 701. Amounts charged under this subsection concerning 
     delinquent claims may be considered as costs pursuant to 
     section 3717(e) of this title.
       ``(4) Notwithstanding any other law concerning the 
     depositing and collection of Federal payments, including 
     section 3302(b) of this title, agencies collecting fees may 
     retain the fees from amounts collected. Any fee charged 
     pursuant to this subsection shall be deposited into an 
     account to be determined by the executive department or 
     agency operating the debt collection center charging the fee 
     (hereafter referred to in this section as the `Account'). 
     Amounts deposited in the Account shall be available until 
     expended to cover costs associated with the implementation 
     and operation of government-wide debt collection activities. 
     Costs properly chargeable to the Account include, but are not 
     limited to--
       ``(A) the costs of computer hardware and software, word 
     processing and telecommunications equipment, other equipment, 
     supplies, and furniture;
       ``(B) personnel training and travel costs;
       ``(C) other personnel and administrative costs;
       ``(D) the costs of any contract for identification, 
     billing, or collection services; and
       ``(E) reasonable costs incurred by the Secretary of the 
     Treasury, including but not limited to, services and 
     utilities provided by the Secretary, and administration of 
     the Account.
       ``(5) Not later than January 1 of each year, there shall be 
     deposited into the Treasury as miscellaneous receipts, an 
     amount equal to the amount of unobligated balances remaining 
     in the Account at the close of business on September 30 of 
     the preceding year minus any part of such balance that the 
     executive department or agency operating the debt collection 
     center determines is necessary to cover or defray the costs 
     under this subsection for the fiscal year in which the 
     deposit is made.
       ``(6)(A) The head of an executive, legislative, or judicial 
     agency shall transfer to the Secretary of the Treasury all 
     non-tax claims over 180 days delinquent for additional 
     collection action and/or closeout. A taxpayer identification 
     number shall be included with each claim provided if it is in 
     the agency's possession.
       ``(B) Subparagraph (A) shall not apply--
       ``(i) to claims that--
       ``(I) are in litigation or foreclosure;
       ``(II) will be disposed of under the loan sales program of 
     a Federal department or agency;
       ``(III) have been referred to a private collection 
     contractor for collection;
       ``(IV) are being collected under internal offset 
     procedures;
       ``(V) have been referred to the Department of the Treasury, 
     the Department of Defense, the United States Postal Service, 
     or a disbursing official of the United States designated by 
     the Secretary of the Treasury for administrative offset;
       ``(VI) have been retained by an executive agency in a debt 
     collection center; or
       ``(VII) have been referred to another agency for 
     collection;
       ``(ii) to claims which may be collected after the 180-day 
     period in accordance with specific statutory authority or 
     procedural guidelines, provided that the head of an 
     executive, legislative, or judicial agency provides notice of 
     such claims to the Secretary of the Treasury; and
       ``(iii) to other specific class of claims as determined by 
     the Secretary of the Treasury at the request of the head of 
     an agency or otherwise.
       ``(C) The head of an executive, legislative, or judicial 
     agency shall transfer to the Secretary of the Treasury all 
     non-tax claims on which the agency has ceased collection 
     activity. The Secretary may exempt specific classes of claims 
     from this requirement, at the request of the head of an 
     agency, or otherwise. The Secretary shall review transferred 
     claims to determine if additional collection action is 
     warranted. The Secretary may, in accordance with section 
     6050P of title 26, United States Code, report to the Internal 
     Revenue Service on behalf of the creditor agency any claims 
     that have been discharged within the meaning of such action.
       ``(7) At the end of each calendar year, the head of an 
     executive, legislative, or judicial agency which, regarding a 
     claim owed to the agency, is required to report a discharge 
     of indebtedness as income under the 6050P of title 26, United 
     States Code, shall either complete the appropriate form 1099 
     or submit to the Secretary of the Treasury such information 
     as is necessary for the Secretary of the Treasury to complete 
     the appropriate form 1099. The Secretary of the Treasury 
     shall incorporate this information into the appropriate form 
     and submit the information to the taxpayer and Internal 
     Revenue Service.
       ``(8) To carry out the purposes of this subsection, the 
     Secretary of the Treasury is authorized--
       ``(A) to prescribe such rules, regulations, and procedures 
     as the Secretary deems necessary; and
       ``(B) to designate debt collection centers operated by 
     other Federal agencies.''.

     SEC. 5243. COMPROMISE OF CLAIMS.

       (a) Section 3711(a)(2) of title 31, United States Code, is 
     amended by striking out

[[Page S1879]]

     ``$20,000 (excluding interest)'' and inserting in lieu 
     thereof ``$100,000 (excluding interest) or such higher amount 
     as the Attorney General may from time to time prescribe.
       (b) This section shall be effective as of October 1, 1995.

              Subpart E--Federal Civil Monetary Penalties

     SEC. 5251. ADJUSTING FEDERAL CIVIL MONETARY PENALTIES FOR 
                   INFLATION.

       (a) The Federal Civil Penalties Inflation Adjustment Act of 
     1990 (Public Law 101-410, 104 Stat. 890; 28 U.S.C. 2461 note) 
     is amended--
       ``(1) by amending section 4 to read as follows:
       ``(Sec. 4. The head of each agency shall, not later than 
     180 days after the date of enactment of the Debt Collection 
     Improvement Act of 1996, and at least once every 4 years 
     thereafter, by regulation adjust each civil monetary penalty 
     provided by law within the jurisdiction of the Federal 
     agency, except for any penalty under title 26, United States 
     Code, by the inflation adjustment described under section 5 
     of this Act and publish each such regulation in the Federal 
     Register.'';
       (2) in section 5(a), by striking ``The adjustment described 
     under paragraphs (4) and (5)(A) of section 4'' and inserting 
     ``The inflation adjustment''; and
       (3) by adding at the end of the following new section:
       ``Sec. 7. Any increase to a civil monetary penalty 
     resulting from this Act shall apply only to violations which 
     occur after the date any such increase takes effect.''.
       (b) The initial adjustment of a civil monetary penalty made 
     pursuant to section 4 of Federal Civil Penalties Inflation 
     Adjustment Act of 1990 (as amended by subsection (a)) may not 
     exceed 10 percent of such penalty.

                        Subpart F--Gain Sharing

     SEC. 5261. DEBT COLLECTION IMPROVEMENT ACCOUNT.

       (a) Title 31, United States Code, is amended by inserting 
     after section 3720B the following new section:

     ``Sec. 3720C. Debt Collection Improvement Account

       ``(a)(1) There is hereby established in the Treasury a 
     special fund to be known as the `Debt Collection Improvement 
     Account' (hereinafter referred to as the `Account').
       ``(2) The Account shall be maintained and managed by the 
     Secretary of the Treasury, who shall ensure that programs are 
     carried with the amounts described in subsection (b) and with 
     allocations described in subsection (c).
       ``(b)(1) Not later than 30 days after the end of a fiscal 
     year, an agency other than the Department of Justice is 
     authorized to transfer to the Account a dividend not to 
     exceed five percent of the debt collection improvement amount 
     as described in paragraph (3).
       ``(2) Agency transfers to the Account may include 
     collections from--
       ``(A) salary, administrative and tax referral off-sets;
       ``(B) automated levy authority;
       ``(C) the Department of Justice; and
       ``(D) private collection agencies.
       ``(3) For purposes of this section, the term `debt 
     collection improvement amount' means the amount by which the 
     collection of delinquent debt with respect to a particular 
     program during a fiscal year exceeds the delinquent debt 
     baseline for such program for such fiscal year. The Office of 
     Management and Budget shall determine the baseline from which 
     increased collections are measured over the prior fiscal 
     year, taking into account the recommendations made by the 
     Secretary of the Treasury in consultation with creditor 
     agencies.
       ``(c)(1) The Secretary of the Treasury is authorized to 
     make payments from the Account solely to reimburse agencies 
     for qualified expenses. For agencies with franchise funds, 
     payments may be credited to subaccounts designated for debt 
     collection.
       ``(2) For purposes of this paragraph, the term `qualified 
     expenses' means expenditures for the improvement of tax 
     administration and agency debt collection and debt recovery 
     activities including, but not limited to, account servicing 
     (including cross-servicing under section 502 of the Debt 
     Collection Improvement Act of 1996), automatic data 
     processing equipment acquisitions, delinquent debt 
     collection, measures to minimize delinquent debt, asset 
     disposition, and training of personnel involved in credit and 
     debt management.
       ``(3) Payments made to agencies pursuant to paragraph (1) 
     shall be in proportion to their contributions to the Account.
       ``(4)(A) Amounts in the Account shall be available to the 
     Secretary of the Treasury to the extent and in the amounts 
     provided in advance in appropriation Acts, for purposes of 
     this section. Such amounts are authorized to be appropriated 
     without fiscal year limitation.
       ``(B) As soon as practicable after the end of third fiscal 
     year after which appropriations are made pursuant to this 
     section, and every 3 years thereafter, any unappropriated 
     balance in the account as determined by the Secretary of the 
     Treasury in consultation with agencies, shall be transferred 
     to the Treasury general fund as miscellaneous receipts.
       ``(d) For direct loan and loan guarantee programs subject 
     to title V of the Congressional Budget Act of 1974, amounts 
     credited in accordance with subsection (c) shall be 
     considered administrative costs and shall not be included in 
     the estimated payments to the Government for the purpose of 
     calculating the cost of such programs.
       ``(e) The Secretary of the Treasury shall prescribe such 
     rules, regulations, and procedures as the Secretary deems 
     necessary or appropriate to carry out the purposes of this 
     section.''.
       (b) The table of sections for subchapter II of chapter 37 
     of title 31, United States Code, is amended by inserting 
     after the item relating to section 3720B the following new 
     item:

``3720C. Debt Collection Improvement Account.''.

                 Subpart G--Tax Refund Offset Authority

     SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY DISBURSING 
                   OFFICIALS.

       Section 3720A(h) of title 31, United States Code, is 
     amended to read as follows:
       ``(h)(1) The term `Secretary of the Treasury' may include 
     the disbursing official of the Department of the Treasury.
       ``(2) The disbursing official of the Department of the 
     Treasury--
       ``(A) shall notify a taxpayer in writing of--
       ``(i) the occurrence of an offset to satisfy a past-due 
     legally enforceable non-tax debt;
       ``(ii) the identity of the creditor agency requesting the 
     offset; and
       ``(iii) a contact point within the creditor agency that 
     will handle concerns regarding the offset;
       ``(B) shall notify the Internal Revenue Service on a weekly 
     basis of--
       ``(i) the occurrence of an offset to satisfy a past-due 
     legally enforceable non-tax debt;
       ``(ii) the amount of such offset; and
       ``(iii) any other information required by regulations; and
       ``(C) shall match payment records with requests for offset 
     by using a name control, taxpayer identifying number (as 
     defined in 26 U.S.C. 6109), and any other necessary 
     identifiers.''.

     SEC. 5272. EXPANDING TAX REFUND OFFSET AUTHORITY.

       (a) Section 3720A of title 31, United States Code, is 
     amended by adding after subsection (h) the following new 
     subsection:
       ``(i) An agency subject to section 9 of the Act of May 18, 
     1933 (16 U.S.C. 831h) may implement this section at its 
     discretion.''.
       (b) Section 6402(f) of title 26, United States Code, is 
     amended to read as follows:
       ''(f) Federal Agency.--For purposes of this section, the 
     term `Federal agency' means a department, agency, or 
     instrumentality of the United States, and includes a 
     government corporation (as such term is defined in section 
     103 of title 5, United States Code).''.

     SEC. 5273. EXPANDING AUTHORITY TO COLLECT PAST-DUE SUPPORT.

       (a) Section 3720A(a) of title 31, United States Code, is 
     amended to read as follows:
       ``(a) Any Federal agency that is owed by a named person a 
     past-due, legally enforceable debt (including past-due 
     support and debt administered by a third party acting as an 
     agent for the Federal Government) shall, in accordance with 
     regulations issued pursuant to subsections (b) and (d), 
     notify the Secretary of the Treasury at least once a year of 
     the amount of such debt.''.
       (b) Section 464(a) of the Social Security Act (42 U.S.C. 
     664(a)) is amended--
       (1) in paragraph (1), by adding at the end thereof the 
     following: ``This subsection may be implemented by the 
     Secretary of the Treasury in accordance with section 3720A of 
     title 31, United States Code.''; and
       (2) in paragraph (2)(A), by adding at the end thereof the 
     following: ``This subsection may be implemented by the 
     Secretary of the Treasury in accordance with section 3720A of 
     title 31, United States Code.''.

      Subpart H--Definitions, Due Process Rights, and Severability

     SEC. 5281. TECHNICAL AMENDMENTS TO DEFINITIONS.

       Section 3701 of title 31, United States Code, is amended--
       (1) by amending subsection (a)(1) to read as follows:
       ``(1) `administrative offset' means withholding money 
     payable by the United States (including money payable by the 
     United States on behalf of a State government) to, or held by 
     the United States for, a person to satisfy a claim.'';
       (2) by amending subsection (b) to read as follows:
       ``(b)(1) The term `claim' or `debt' means any amount of 
     money or property that has been determined by an appropriate 
     official of the Federal Government to be owed to the United 
     States by a person, organization, or entity other than 
     another Federal agency. A claim includes, without limitation, 
     money owed on account of loans insured or guaranteed by the 
     Government, non-appropriated funds, over-payments, any amount 
     the United States is authorized by statute to collect for the 
     benefit of any person, and other amounts of money or property 
     due the Government.
       ``(2) For purposes of section 3716 of this title, the term 
     `claim' also includes an amount of money or property owed by 
     a person to a State, the District of Columbia, American 
     Samoa, the United States Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, or the Commonwealth of Puerto 
     Rico where there is also a Federal monetary interest or in 
     cases of court ordered child support.''; and
       (3) by adding after subsection (f) (as added in section 
     5202(a)) the following new subsection: ``(g) In section 3716 
     of this title--
       ``(1) `creditor agency' means any entity owed a claim that 
     seeks to collect that claim through administrative offset; 
     and

[[Page S1880]]

       ``(2) `payment certifying agency' means any Federal 
     department, agency, or instrumentality and government 
     corporation, that has transmitted a voucher to a disbursing 
     official for disbursement.''.

     SEC. 5282. SEVERABILITY.

       If any provision of this title, or the amendments made by 
     this title, or the application of any provision to any 
     entity, person, or circumstance is for any reason adjudged by 
     a court of competent jurisdiction to be invalid, the 
     remainder of this title, and the amendments made by this 
     title, or its application shall not be affected.

                          Subpart I--Reporting

     SEC. 5291. MONITORING AND REPORTING.

       (a) the Secretary of the Treasury, in consultation with 
     concerned Federal agencies, is authorized to establish 
     guidelines, including information on outstanding debt, to 
     assist agencies in the performance and monitoring of debt 
     collection activities.
       (b) Not later than three years after the date of enactment 
     of this Act, the Secretary of the Treasury shall report to 
     the Congress on collection services provided by Federal 
     agencies or entities collecting debt on behalf of other 
     Federal agencies under the authorities contained in section 
     3711(g) of title 31, United States Code.
       (c) Section 3719 of title 31, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) by amending the first sentence to read as follows: ``In 
     consultation with the Comptroller General, the Secretary of 
     the Treasury shall prescribe regulations requiring the head 
     of each agency with outstanding non-tax claims to prepare and 
     submit to the Secretary at least once a year a report 
     summarizing the status of loans and accounts receivable 
     managed by the head of the agency.''; and
       (B) in paragraph (3), by striking ``Director'' and 
     inserting ``Secretary''; and
       (2) in subsection (b), by striking ``Director'' and 
     inserting ``Secretary''.
       (d) Notwithstanding any other provision of law, the 
     Secretary of the Treasury is authorized to consolidate all 
     reports concerning debt collection into one annual report.

                    PART II--JUSTICE DEBT MANAGEMENT

                      Subpart A--Private Attorneys

     SEC. 5301. EXPANDED USE OF PRIVATE ATTORNEYS.

       (a) Section 3718(b)(1)(A) of title 31, United States Code, 
     is amended by striking the fourth sentence.
       (b) Sections 3 and 5 of the Federal Debt Recovery Act 
     (Public Law 99-578, 100 Stat. 3305) are hereby repealed.

                   Subpart B--Nonjudicial Foreclosure

            SEC. 5311. NONJUDICIAL FORECLOSURE OF MORTGAGES.

       Chapter 176 of title 28 of the United States Code is 
     amended by adding at the end thereof the following:

                ``SUBCHAPTER E--NONJUDICIAL FORECLOSURE

``Sec.
``3401. Definitions.
``3402. Rules of construction.
``3403. Election of procedure.
``3404. Designation of foreclosure trustee.
``3405. Notice of foreclosure sale; statute of limitations.
``3406. Service of notice of foreclosure sale.
``3407. Cancellation of foreclosure sale.
``3408. Stay.
``3409. Conduct of sale: postponement.
``3410. Transfer of title and possession.
``3411. Record of foreclosure and sale.
``3412. Effect of sale.
``3413. Disposition of sale proceeds.
``3414. Deficiency judgment.

     ``Sec. 3401. Definitions

       ``As used in this subchapter--
       ``(1) `agency' means--
       ``(A) an executive department as defined in section 101 of 
     title 5, United States Code;
       ``(B) an independent establishment as defined in section 
     104 of title 5, United States Code (except that it shall not 
     include the General Accounting Office);
       ``(C) a military department as defined in section 102 of 
     title 5, United States Code; and
       ``(D) a wholly owned government corporation as defined in 
     section 9101(3) of title 31, United States Code;
       ``(2) `agency head' means the head and any assistant head 
     of an agency, and may upon the designation by the head of an 
     agency include the chief official of any principal division 
     of an agency or any other employee of an agency;
       ``(3) `bona fide purchaser' means a purchaser for value in 
     good faith and without notice of any adverse claim who 
     acquires the seller's interest free of any adverse claim;
       ``(4) `debt instrument' means a note, mortgage bond, 
     guaranty or other instrument creating a debt or other 
     obligation, including any instrument incorporated by 
     reference therein and any instrument or agreement amending or 
     modifying a debt instrument;
       ``(5) 'file' or `filing' means docketing, indexing, 
     recording, or registering, or other requirement for 
     perfecting a mortgage or a judgment;
       ``(6) `foreclosure trustee' means an individual 
     partnership, association, or corporation, or an employee 
     thereof, including a successor, appointed by the agency head 
     to conduct a foreclsoure sale pursuant to this subchapter;
       ``(7) `mortgage' means a deed of trust, deed to secure 
     debt, security agreement, or any other form of instrument 
     under which any interest in real property, including 
     leaseholds, life estates, reversionary interests, and any 
     other estates under applicable law is conveyed or otherwise 
     rendered subject to a lien, for the purpose of securing the 
     payment of money or the performance of any other obligation.
       ``(8) `of record' means an interest recorded pursuant to 
     Federal and State statutes that provide for official 
     recording of deeds, mortgages and judgments, and that 
     establish the effect of such records as notices to creditors, 
     purchasers, and other interested persons;
       ``(9) `owner' means any person who has an ownership 
     interest in property and includes heirs, devises, executors, 
     administrators, and other personal representatives, and 
     trustees of testamentary trusts if the owners of record is 
     deceased;
       ``(10) `sale' means a sale conducted pursuant to this 
     subchapter, unless the context requires otherwise; and
       ``(11) `security property' means real property, or any 
     interest in real property including leaseholds, life estates, 
     reversionary interests, and any other estates under 
     applicable State law that secure a mortgage.

     ``Sec. 3402. Rules of construction

       ``(a) In General.--If an agency head elects to proceed 
     under this subchapter, this subchapter shall apply and the 
     provisions of this subchapter shall govern in the event of a 
     conflict with any other provision of Federal law or State 
     law.
       ``(b) Limitation.--This subchapter shall not be construed 
     to supersede or modify the operation of--
       ``(1) the lease-back/buy-back provisions under section 1985 
     of title 7, United States Code, or regulations promulgated 
     thereunder; or
       ``(2) The Multifamily Mortgage Foreclosure Act of 1981 
     (chapter 38 of title 12, United States Code).
       ``(c) Effect on Other Laws.--This subchapter shall not be 
     construed to curtail or limit the rights of the United States 
     or any of its agencies--
       ``(1) to forclose a mortgage under any other provision of 
     Federal law or State law; or
       ``(2) to enforce any right under Federal law or State law 
     in lieu of or in addition to foreclosure, including any right 
     to obtain a monetary judgment.
       ``(d) Application to Mortgages.--The provisions of this 
     subchapter may be used to foreclose any mortgage, whether 
     executed prior or subsequent to the effective date of this 
     subchapter.

     ``Sec. 3403. Election of procedure

       ``(a) Security Property Subject to Foreclosure.--An agency 
     head may foreclose a mortgage upon the breach of a covenant 
     or condition in a debt instrument or mortgage for which 
     acceleration or foreclosure is authorized. Any agency head 
     may not institute foreclosure proceedings on the mortgage 
     under any other provision of law, or refer such mortgage for 
     litigation, during the pendency of foreclosure proceedings 
     pursuant to this subchapter.
       ``(b) Effect of Cancellation of Sale.--If a foreclosure 
     sale is canceled pursuant to section 3407, the agency head 
     may thereafter foreclose on the security property in any 
     manner authorized by law.

     ``Sec. 3404. Designation of foreclosure trustee

       ``(a) In General.--An agency head shall designate a 
     foreclosure trustee who shall supersede any trustee 
     designated in the mortgage. A foreclosure trustee designated 
     under this section shall have a nonjudicial power of sale 
     pursuant to this subchapter.
       ``(b) Designation of Foreclosure Trustee.--
       ``(1) Any agency head may designate as foreclosure 
     trustee--
       ``(A) an officer or employee of the agency;
       ``(B) an individual who is a resident of the State in which 
     the security property is located; or
       ``(C) a partnership, association, or corporation, provided 
     such entity is authorized to transact business under the laws 
     of the State in which the security property is located.
       ``(2) The agency head is authorized to enter into personal 
     services and other contracts not inconsistent with this 
     subchapter.
       ``(c) Method of Designation.--An agency head shall 
     designate the foreclosure trustee in writing. The foreclosure 
     trustee may be designated by name, title, or position. An 
     agency head may designate one or more foreclosure trustees 
     for the purpose of proceeding with multiple foreclosures or a 
     class of foreclosures.
       ``(d) Availability of Designation.--An agency head may 
     designate such foreclosure trustees as the agency head deems 
     necessary to carry out the purposes of this subchapter.
       ``(e) Multiple Foreclosure Trustees Authorized.--An agency 
     head may designate multiple foreclosures trustees for 
     different tracts of a secured property.
       ``(f) Removal of Foreclosure Trustee; Successor Foreclosure 
     Trustees.--An agency head may, with or without cause or 
     notice, remove a foreclosure trustee and designate a 
     successor trustee as provided in this section. The 
     foreclosure sale shall continue without prejudice 
     notwithstanding the removal of the foreclosure trustee and 
     designation of a successor foreclosure trustee. Nothing in 
     this section shall be construed to prohibit a successor 
     foreclosure trustee from postponing the foreclosure sale 
     in accordance with this subchapter.

     ``Sec. 3405. Notice of foreclosure sale; statute of 
       limitations

       ``(a) In General.--

[[Page S1881]]

       ``(1) Not earlier than 21 days nor later than ten years 
     after acceleration of a debt instrument or demand on a 
     guaranty, the foreclosure trustee shall serve a notice of 
     foreclosure sale in accordance with this subchapter.
       ``(2) For purposes of computing the time period under 
     paragraph (1), there shall be excluded all periods during 
     which there is in effect--
       ``(A) a judicially imposed stay of foreclosure; or
       ``(B) a stay imposed by section 362 of title 11, United 
     States Code.
       ``(3) In the event of partial payment or written 
     acknowledgement of the debt after acceleration of the debt 
     instrument, the right to foreclosure shall be deemed to 
     accrue again at the time of each such payment or 
     acknowledgement.
       ``(b) Notice of Foreclosure Sale.--The notice of 
     foreclosure sale shall include--
       ``(1) the name, title, and business address of the 
     foreclosure trustee as of the date of the notice;
       ``(2) the names of the original parties to the debt 
     instrument and the mortgage, and any assignees of the 
     mortgagor of record;
       ``(3) the street address or location of the security 
     property, and a generally accepted designation used to 
     describe the security property, or so much thereof as is to 
     be offered for sale, sufficient to identify the property to 
     be sold;
       ``(4) the date of the mortgage, the office in which the 
     mortgage is filed, and the location of the filing of the 
     mortgage;
       ``(5) the default or defaults upon which foreclosure is 
     based, and the date of the acceleration of the debt 
     instrument;
       ``(6) the date, time, and place of the foreclosure sale;
       ``(7) a statement that the foreclosure is being conducted 
     in accordance with this subchapter;
       ``(8) the types of costs, if any, to be paid by the 
     purchaser upon transfer of title; and
       ``(9) the terms and conditions of sale, including the 
     method and time of payment of the foreclosure purchase price.

     ``Sec. 3406. Service of notice of foreclosure sale

       ``(a) Record Notice.--At least 21 days prior to the date of 
     the foreclosure sale, the notice of foreclosure sale required 
     by section 3405 shall be filed in the manner authorized for 
     filing a notice of an action concerning real property 
     according to the law of the State where the security property 
     is located or, if none, in the manner authorized by section 
     3201 of this chapter.
       ``(b) Notice by Mail.--
       ``(1) At least 21 days prior to the date of the foreclosure 
     sale, the notice set forth in section 3405 shall be sent by 
     registered or certified mail, return receipt requested--
       ``(A) to the current owner of record of the security 
     property as the record appears on the date that the notice of 
     foreclosure sale is recorded pursuant to subsection (a);
       ``(B) to all debtors, including the mortgagor, assignees of 
     the mortgagor and guarantors of the debt instrument;
       ``(C) to all persons having liens, interests or 
     encumbrances of record upon the security property, as the 
     record appears on the date that the notice of foreclosure 
     sale is recorded pursuant to subsection (a); and
       ``(D) to any occupants of the security property. If the 
     names of the occupants of the security property are not known 
     to the agency, or the security property has more than one 
     dwelling unit, the notice shall be posted at the security 
     property.
       ``(2) The notice shall be sent to the debtor at the 
     address, if any, set forth in the debt instrument or mortgage 
     as the place to which notice is to be sent, and if different, 
     to the debtor's last known address as shown in the mortgage 
     record of the agency. The notice shall be sent to any person 
     other than the debtor to that person's address of record or, 
     if there is no address of record, to any address at which the 
     agency in good faith believes the notice is likely to come to 
     that person's attention.
       ``(3) Notice by mail pursuant to this subsection shall be 
     effective upon mailing.
       ``(c) Notice by Publication.--The notice of the foreclosure 
     sale shall be published at least once a week for each of 
     three successive weeks prior to the sale in at least one 
     newspaper of general circulation in any county or counties in 
     which the security property is located. If there is no 
     newspaper published at least weekly that has a general 
     circulation in at least one county in which the security 
     property is located, copies of the notice of foreclosure 
     sale shall instead be posted at least 21 days prior to the 
     sale at the courthouse of any county or counties in which 
     the property is located and the place where the sale is to 
     be held.

     ``Sec. 3407. Cancellation of foreclosure sale

       ``(a) In General.--At any time prior to the foreclosure 
     sale, the foreclosure trustee shall cancel the sale--
       ``(1) if the debtor or the holder of any subordinate 
     interest in the security property tenders the performance due 
     under the debt instrument and mortgage, including any amounts 
     due because of the exercise of the right to accelerate, and 
     the expenses of proceeding to foreclosure incurred to the 
     time of tender;
       ``(2) if the security property is a dwelling of four units 
     or fewer, and the debtor--
       ``(A) pays or tenders all sums which would have been due at 
     the time of tender in the absence of any acceleration;
       ``(B) performs any other obligation which would have been 
     required in the absence of any acceleration; and
       ``(C) pays or tenders all costs of foreclosure incurred for 
     which payment from the proceeds of the sale would be allowed; 
     or
       ``(3) for any reason approved by the agency head.
       ``(b) Limitation.--The debtor may not, without the approval 
     of the agency head, cure the default under subsection (a)(2) 
     if, within the preceding 12 months, the debtor has cured a 
     default after being served with a notice of foreclosure sale 
     pursuant to this subchapter.
       ``(c) Notice of Cancellation.--The foreclosure trustee 
     shall file a notice of the cancellation in the same place and 
     manner provided for the filing of the notice of foreclosure 
     sale under section 3406(a).

     ``Sec. 3048. Stay

       ``If, prior to the time of sale, foreclosure proceedings 
     under this subchapter are stayed in any manner, including the 
     filing of bankruptcy, no person may thereafter cure the 
     default under the provisions of section 3407(a)(2). If the 
     default is not cured at the time a stay is terminated, the 
     foreclosure trustee shall proceed to sell the security 
     property as provided in this subchapter.

     ``Sec. 3409. Conduct of sale; postponement

       ``(a) Sale Procedures.--Foreclosure sale pursuant to this 
     subchapter shall be at public auction and shall be scheduled 
     to begin at a time between the hours of 9:00 a.m. and 4:00 
     p.m. local time. The foreclosure sale shall be held at the 
     location specified in the notice of foreclosure sale, which 
     shall be a location where real estate foreclosure auctions 
     are customarily held in the county or one of the counties in 
     which the property to be sold is located or at a courthouse 
     therein, or upon the property to be sold. Sale of security 
     property situated in two or more counties may be held in any 
     one of the counties in which any part of the security 
     property is situated. The foreclosure trustee may designate 
     the order in which multiple tracts of security property are 
     sold.
       ``(b) Bidding Requirements.--Written one-price sealed bids 
     shall be accepted by the foreclosure trustee, if submitted by 
     the agency head or other persons for entry by announcement by 
     the foreclosure trustee at the sale. The sealed bids shall be 
     submitted in accordance with the terms set forth in the 
     notice of foreclosure sale. The agency head or any other 
     person may bid at the foreclosure sale, even if the agency 
     head or other person previously submitted a written one-price 
     bid. The agency head may bid a credit against the debt due 
     without the tender or payment of cash. The foreclosure 
     trustee may serve as auctioneer, or may employ an auctioneer 
     who may be paid from the sale proceeds. If an auctioneer is 
     employed, the foreclosure trustee is not required to attend 
     the sale. The foreclosure trustee or an auctioneer may bid as 
     directed by the agency head.
       ``(c) Postponement of Sale.--The foreclosure trustee shall 
     have discretion, prior to or at the time of sale, to postpone 
     the foreclosure sale. The foreclosure trustee may postpone a 
     sale to a later hour the same day by announcing or posting 
     the new time and place of the foreclosure sale at the time 
     and place originally scheduled for the foreclosure sale. The 
     foreclosure trustee may instead postpone the foreclosure sale 
     for not fewer than 9 nor more than 31 days, by serving notice 
     that the foreclosure sale has been postponed to a specified 
     date, and the notice may include any revisions the 
     foreclosure trustee deems appropriate. The notice shall be 
     served by publication, mailing, and posting in accordance 
     with section 3406 (b) and (c), except that publication may be 
     made on any of three separate days prior to the new date of 
     the foreclosure sale, and mailing may be made at any time at 
     least 7 days prior to the new date of the foreclosure sale.
       ``(d) Liability of Successful Bidder Who Fails To Comply.--
     The foreclosure trustee may require a bidder to make a cash 
     deposit before the bid is accepted. The amount or percentage 
     of the cash deposit shall be stated by the foreclosure 
     trustee in the notice of foreclosure sale. A successful 
     bidder at the foreclosure sale who fails to comply with 
     the terms of the sale shall forfeit the cash deposit or, 
     at the election of the foreclosure trustee, shall be 
     liable to the agency on a subsequent sale of the property 
     for all net losses incurred by the agency as a result of 
     such failure.
       ``(e) Effect of Sale.--Any foreclosure sale held in 
     accordance with this subchapter shall be conclusively 
     presumed to have been conducted in a legal, fair, and 
     commercially reasonable manner. The sale price shall be 
     conclusively presumed to constitute the reasonably equivalent 
     value of the security property.

     ``Sec. 3410. Transfer of title and possession

       ``(a) Deed.--After receipt of the purchase price in 
     accordance with the terms of the sale as provided in the 
     notice of foreclosure sale, the foreclosure trustee shall 
     execute and deliver to the purchaser a deed conveying the 
     security property to the purchaser that grants and conveys 
     title to the security property without warranty or covenants 
     to the purchaser. The execution of the foreclosure trustee's 
     deed shall have the effect of conveying all of the right, 
     title, and interest in the security property covered by the 
     mortgage. Notwithstanding any other law to the contrary, the 
     foreclosure trustee's deed shall be a conveyance of the 
     security property and not a quitclaim. No judicial proceeding 
     shall be required ancillary or supplementary to the 
     procedures provided in this

[[Page S1882]]

     subchapter to establish the validity of the conveyance.
       ``(b) Death of Purchaser Prior to Consummation of Sale.--If 
     a purchaser dies before execution and delivery of the deed 
     conveying the security property to the purchaser, the 
     foreclosure trustee shall execute and deliver the deed to the 
     representative of the purchaser's estate upon payment of the 
     purchase price in accordance with the terms of sale. Such 
     delivery to the representative of the purchaser's estate 
     shall have the same effect as if accomplished during the 
     lifetime of the purchaser.
       ``(c) Purchaser Considered Bona Fide Purchaser Without 
     Notice.--The purchaser of property under this subchapter 
     shall be presumed to be a bona fide purchaser without notice 
     of defects, if any, in the title conveyed to the purchaser.
       ``(d) Possession by Purchaser; Continuing Interests.--A 
     purchaser at a foreclosure sale conducted pursuant to this 
     subchapter shall be entitled to possession upon passage of 
     title to the security property, subject to any interest or 
     interests senior to that of the mortgage. The right to 
     possession of any person without an interest senior to the 
     mortgage who is in possession of the property shall terminate 
     immediately upon the passage of title to the security 
     property, and the person shall vacate the security property 
     immediately. The purchaser shall be entitled to take any 
     steps available under Federal law or State law to obtain 
     possession.
       ``(e) Right of Redemption; Right of Possession.--This 
     subchapter shall preempt all Federal and State rights of 
     redemption, statutory, or common law. Upon conclusion of the 
     public auction of the security property, no person shall have 
     a right of redemption.
       ``(f) Prohibition of Imposition of Tax on Conveyance by the 
     United States or Agency Thereof--No tax, or fee in the nature 
     of a tax, for the transfer of title to the security property 
     by the foreclosure trustee's deed shall be imposed upon or 
     collected from the foreclosure trustee or the purchaser by 
     any State or political subdivision thereof.

     ``Sec. 3411. Record of foreclosure and sale

       ``(a) Recital Requirements.--The foreclosure trustee shall 
     recite in the deed to the purchaser, or in an addendum to the 
     foreclosure trustee's deed, or shall prepare an affidavit 
     stating--
       ``(1) the date, time, and place of sale;
       ``(2) the date of the mortgage, the office in which the 
     mortgage is filed, and the location of the filing of the 
     mortgage;
       ``(3) the persons served with the notice of foreclosure 
     sale;
       ``(4) the date and place of filing of the notice of 
     foreclosure sale under section 3406(a);
       ``(5) that the foreclosure was conducted in accordance with 
     the provisions of this subchapter; and
       ``(6) the sale amount.
       ``(b) Effect of Recitals.--The recitals set forth in 
     subsection (a) shall be prima facie evidence of the truth of 
     such recitals. Compliance with the requirements of subsection 
     (a) shall create a conclusive presumption of the validity of 
     the sale in favor of bona fide purchasers and encumbrancers 
     for value without notice.
       ``(c) Deed To Be Accepted for Filing.--The register of 
     deeds or other appropriate official of the county or counties 
     where real estate deeds are regularly filed shall accept for 
     filing and shall file the foreclosure trustee's deed and 
     affidavit, if any, and any other instruments submitted for 
     filing in relation to the foreclosure of the security 
     property under this subchapter.

     ``Sec. 3412. Effect of sale

       ``A sale conducted under this subchapter to a bona fide 
     purchaser shall bar all claims upon the security property 
     by--
       ``(1) any person to whom the notice of foreclosure sale was 
     mailed as provided in this subchapter who claims an interest 
     in the property subordinate to that of the mortgage, and the 
     heir, devisee, executor, administrator, successor, or 
     assignee claiming under any such person;
       ``(2) any person claiming any interest in the property 
     subordinate to that of the mortgage, if such person had 
     actual knowledge of the sale;
       ``(3) any person so claiming, whose assignment, mortgage, 
     or other conveyance was not filed in the proper place for 
     filing, or whose judgment or decree was not filed in the 
     proper place for filing, prior to the date of filing of the 
     notice of foreclosure sale as required by section 3406(a), 
     and the heir, devisee, executor, administrator, successor, or 
     assignee of such a person; or
       ``(4) any other person claiming under a statutory lien or 
     encumbrance not required to be filed and attaching to the 
     title or interest of any person designated in any of the 
     foregoing subsections of this section.

     ``Sec. 3413. Disposition of sale proceeds

       ``(a) Distribution of Sale Proceeds.--The foreclosure 
     trustee shall distribute the proceeds of the foreclosure sale 
     in the following order--
       ``(1)(A) to pay the commission of the foreclosure trustee, 
     other than an agency employee, the greater of--
       ``(i) the sum of--
       ``(I) 3 percent of the first $1,000 collected, plus
       ``(II) 1.5 percent on the excess of any sum collected over 
     $1,000; or
       ``(ii) $250; and
       ``(B) the amounts described in subparagraph (A)(i) shall be 
     computed on the gross proceeds of all security property sold 
     at a single sale;
       ``(2) to pay the expense of any auctioneer employed by the 
     foreclosure trustee, if any, except that the commission 
     payable to the foreclosure trustee pursuant to paragraph (1) 
     shall be reduced by the amount paid to an auctioneer, unless 
     the agency head determines that such reduction would 
     adversely affect the ability of the agency head to retain 
     qualified foreclosure trustees or auctioneers;
       ``(3) to pay for the costs of foreclosure, including--
       ``(A) reasonable and necessary advertising costs and 
     postage incurred in giving notice pursuant to section 3406;
       ``(B) mileage for posting notices and for the foreclosure 
     trustee's or auctioneer's attendance at the sale at the rate 
     provided in section 1921 of title 28, United States Code, for 
     mileage by the most reasonable road distance;
       ``(C) reasonable and necessary costs actually incurred in 
     connection with any search of title and lien records; and
       ``(D) necessary costs incurred by the foreclosure trustee 
     to file documents;
       ``(4) to pay valid real property tax liens or assessments, 
     if required by the notice of foreclosure sale;
       ``(5) to pay any liens senior to the mortgage, if required 
     by the notice of foreclosure sale;
       ``(6) to pay service charges and advancements for taxes, 
     assessments, and property insurance premiums; and
       ``(7) to pay late charges and other administrative costs 
     and the principal and interest balances secured by the 
     mortgage, including expenditures for the necessary 
     protection, preservation, and repair of the security property 
     as authorized under the debt instrument or mortgage and 
     interest thereon if provided for in the debt instrument or 
     mortgage, pursuant to the agency's procedure.
       ``(b) Insufficient Proceeds.--In the event there are no 
     proceeds of sale or the proceeds are insufficient to pay the 
     costs and expenses set forth in subsection (a), the agency 
     head shall pay such costs and expenses as authorized by 
     applicable law.
       ``(c) Surplus Monies.--
       ``(1) After making the payments required by subsection (a), 
     the foreclosure trustee shall--
       ``(A) distribute any surplus to pay liens in the order of 
     priority under Federal law or the law of the State where the 
     security property is located; and
       ``(B) pay to the person who was the owner of record on the 
     date the notice of foreclosure sale was filed the balance, if 
     any, after any payments made pursuant to paragraph (1).
       ``(2) If the person to whom such surplus is to be paid 
     cannot be located, or if the surplus available is 
     insufficient to pay claimants and the claimants cannot agree 
     on the distribution of the surplus, that portion of the sale 
     proceeds may be deposited by the foreclosure trustee with an 
     appropriate official authorized under law to receive funds 
     under such circumstances. If such a procedure for the deposit 
     of disputed funds is not available, and the foreclosure 
     trustee files a bill of interpleader or is sued as a 
     stakeholder to determine entitlement to such funds, the 
     foreclosure trustee's necessary costs in taking or defending 
     such action shall be deducted first from the disputed funds.

     ``Sec. 3414. Deficiency judgment

       ``(a) In General.--If after deducting the disbursements 
     described in section 3413, the price at which the security 
     property is sold at a foreclosure sale is insufficient to pay 
     the unpaid balance of the debt secured by the security 
     property, counsel for the United States may commence an 
     action or actions against any or all debtors to recover the 
     deficiency, unless specifically prohibited by the mortgage. 
     The United States is also entitled to recover any amount 
     authorized by section 3011 and costs of the action.
       ``(b) Limitation.--Any action commenced to recover the 
     deficiency shall be brought within 6 years of the last sale 
     of security property.
       ``(c) Credits.--The amount payable by a private mortgage 
     guaranty insurer shall be credited to the account of the 
     debtor prior to the commencement of an action for any 
     deficiency owed by the debtor. Nothing in this subsection 
     shall curtail or limit the subrogation rights of a private 
     mortgage guaranty insurer.''.

                    CHAPTER 3--SPENDING DESIGNATION

     SEC. 5501. EMERGENCY DESIGNATION.

       Congress hereby designates all amounts in this entire title 
     as emergency requirements for all purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985: Provided, 
     That these amounts shall only be available to the extent an 
     official budget request for a specific dollar amount that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985 is transmitted by 
     the President to Congress.
                                 ______


                        GREGG AMENDMENT NO. 3475

  Mr. GREGG proposed an amendment to amendment No. 3474 proposed by Mr. 
Hollings to amendment No. 3466 proposed by Mr. Hatfield to the H.R. 
3019, supra; as follows:

       Strike chapter 3 of the pending amendment in its entirety.
                                 ______


[[Page S1883]]



               LAUTENBERG (AND OTHERS) AMENDMENT NO. 3476

  Mr. GREGG (for Mr. Lautenberg, for himself, Mr. Hollings, and Mr. 
Kerry) proposed an amendment to amendment No. 3466 proposed by Mr. 
Hatfield to the bill H.R. 3019, supra; as follows:

       At the appropriate place in title II of the Hatfield 
     substitute amendment, insert the following new sections:

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount for emergency expenses necessary 
     to enhance the Federal Bureau of Investigation's efforts in 
     the United States to combat Middle Eastern Terrorism, 
     $7,000,000, to remain available until expended: Provided, 
     That such activities shall include efforts to enforce 
     Executive Order 12947 (``Prohibiting Transactions with 
     Terrorists Who Threaten to Disrupt the Middle East Peace 
     Process'') to prevent fundraising in the United States on the 
     behalf of organizations that support terror to undermine the 
     peace process: Provided further, That the entire amount is 
     hereby designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(I) of the Balanced Budget 
     Act and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request, for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted to Congress.

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       For an additional amount for emergency expenses necessary 
     to enhance the Office of Foreign Assets Control's efforts in 
     the United States to combat Middle Eastern terrorism, 
     $3,000,000, to remain available until expended: Provided, 
     That such activities shall include efforts to enforce 
     Executive Order 12947 (``Prohibiting Transactions with 
     Terrorists Who Threaten to Disrupt the Middle East Peace 
     Process'') to prevent fundraising in the United States on the 
     behalf of organizations that support terror to undermine the 
     peace process: Provided further, That the entire amount is 
     hereby designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(I) of the Balanced Budget 
     Act and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request, for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted to Congress.
                                 ______


                        REID AMENDMENT NO. 3477

  Mr. GREGG (for Mr. Reid) proposed an amendment to amendment No. 3466 
proposed by Mr. Hatfield to the bill H.R. 3019, supra; as follows:

       At the appropriate place under the heading of ``General 
     Provisions'' at the end of the bill, insert the following new 
     section:
       Sec. ----. (a) This section may be cited as the ``Federal 
     Prohibition of Female Genital Mutilation Act of 1996''.
       (b) Congress finds that--
       (1) the practice of female genital mutilation is carried 
     out by members of certain cultural and religious groups 
     within the United States;
       (2) the practice of female genital mutilation often results 
     in the occurrence of physical and psychological health 
     effects that harm the women involved;
       (3) such mutilation infringes upon the guarantees of rights 
     secured by Federal and State law, both statutory and 
     constitutional;
       (4) the unique circumstances surrounding the practice of 
     female genital mutilation place it beyond the ability of any 
     single State or local jurisdiction to control;
       (5) the practice of female genital mutilation can be 
     prohibited without abridging the exercise of any rights 
     guaranteed under the First Amendment to the Constitution or 
     under any other law; and
       (6) Congress has the affirmative power under section 8 of 
     article I of the Constitution, as well as under section 5 of 
     the Fourteenth Amendment to the Constitution, to enact such 
     legislation.
       (c) It is the purpose of this section to protect and 
     promote the public safety and health and activities affecting 
     interstate commerce by establishing Federal criminal 
     penalties for the performance of female genital mutilation.
       (d)(1) Chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following new section:

     ``Sec. 116. Female genital mutilation

       ``(a) Except as provided in subsection (b), whoever 
     knowingly circumcises, excises, or infibulates the whole or 
     any part of the labia majora or labia minora or clitoris of 
     another person who has not attained the age of 18 years shall 
     be fined under this title or imprisoned not more than 5 
     years, or both.
       ``(b) A surgical operation is not a violation of this 
     section if the operation is--
       ``(1) necessary to the health of the person on whom it is 
     performed, and is performed by a person licensed in the place 
     of its performance as a medical practitioner; or
       ``(2) performed on a person in labor or who has just given 
     birth and is performed for medical purposes connected with 
     that labor or birth by a person licensed in the place it is 
     performed as a medical practitioner, or midwife, or person in 
     training to become such a practitioner or midwife.
       ``(c) In applying subsection (b)(1), no account shall be 
     taken of the effect on the person on whom the operation is to 
     be performed of any belief on the part of that or any 
     other person that the operation is required as a matter of 
     custom or ritual.
       ``(d) Whoever knowingly denies to any person medical care 
     or services or otherwise discriminates against any person in 
     the provision of medical care or services, because--
       ``(1) that person has undergone female circumcision, 
     excision, or infibulation; or
       ``(2) that person has requested that female circumcision, 
     excision, or infibulation be performed on any person;

     shall be fined under this title or imprisoned not more than 
     one year, or both.''.
       (2) The table of sections at the beginning of chapter 7 of 
     title 18, United States Code, is amended by adding at the end 
     the following new item:

``116. Female genital mutilation.''.

       (e)(1) The Secretary of Health and Human Services shall do 
     the following:
       (A) Compile data on the number of females living in the 
     United States who have been subjected to female genital 
     mutilation (whether in the United States or in their 
     countries of origin), including a specification of the number 
     of girls under the age of 18 who have been subjected to such 
     mutilation.
       (B) Identify communities in the United States that practice 
     female genital mutilation, and design and carry out outreach 
     activities to educate individuals in the communities on the 
     physical and psychological health effects of such practice. 
     Such outreach activities shall be designed and implemented in 
     collaboration with representatives of the ethnic groups 
     practicing such mutilation and with representatives of 
     organizations with expertise in preventing such practice.
       (C) Develop recommendations for the education of students 
     of schools of medicine and osteopathic medicine regarding 
     female genital mutilation and complications arising from such 
     mutilation. Such recommendations shall be disseminated to 
     such schools.
       (2) For purposes of this subsection, the term ``female 
     genital mutilation'' means the removal or infibulation (or 
     both) of the whole or part of the clitoris, the labia minor, 
     or the labia major.
       (f) Subsection (e) shall take effect on the date of 
     enactment of this Act, and the Secretary of Health and Human 
     Services shall commence carrying out such section not later 
     than 90 days after the date of the enactment of this Act. 
     Subsection (d) shall take effect on the date that is 180 days 
     after the date of the enactment of this Act.
                                 ______


                  REID (AND OTHERS) AMENDMENT NO. 3478

  Mr. REID (for himself, Mr. Lautenberg, Mr. Lieberman, Mr. Graham, 
Mrs. Boxer, Mr. Moynihan, and Mr. Akaka) proposed an amendment to 
amendment No. 3466 proposed by Mr. Hatfield to the bill H.R. 3019, 
supra; as follows:

       On page 75, strike lines 1 through 9.
       On page 412, line 23, strike ``$497,670,000'' and insert 
     ``$501,420,000''.
       On page 412, line 24, after ``1997,'', insert the 
     following: ``of which $4,500,000 shall be available for 
     species listings under section 4 of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533),''.
       On page 413, strike ``1997:'' on line 11 and all that 
     follows through line 20 and insert ``1997.''.
       On page 461, line 24, strike ``$1,255,005,000'' and insert 
     ``$1,251,255,000''.
       On page 462, line 5, before the colon, insert the 
     following: ``, of which not more than $81,250,000 shall be 
     available for travel expenses''.
                                 ______


             HUTCHISON (AND KEMPTHORNE) AMENDMENT NO. 3479

  Mrs. HUTCHISON (for herself and Mr. Kempthorne) proposed an amendment 
to amendment No. 3478 proposed by Mr. Reid to amendment No. 3466 
proposed by Mr. Hatfield to the bill H.R. 3019, supra; as follows:

       In the language proposed to be stricken, on page 75, insert 
     the following: ``Provided further, That no monies 
     appropriated under this Act or any other law shall be used by 
     the Secretary of Commerce to issue final determinations under 
     subsections (a), (b), (c), (e), (g) or (i) of section 4 of 
     the Endangered Species Act of 1973 (16 U.S.C. 1533), until 
     such time as legislation reauthorizing the Act is enacted or 
     until the end of fiscal year 1996, whichever is earlier, 
     except that monies appropriated under this Act may be used to 
     delist or reclassify species pursuant to subsections 
     4(a)(2)(B), 4(c)(2)(B)(I), and 4(c)(2)(B)(ii) of the 
     Endangered Species Act, and may be used to issue emergency 
     listings under section 4(b)(7) of the Endangered Species 
     Act.''
       On page 412, lines 23, strike ``$497,670,000'' and insert 
     ``$407,670,001''.

[[Page S1884]]

       On page 412, lines 24, after ``1997,'', insert the 
     following: ``of which $750,001 shall be available for species 
     listings under section 4 of the Endangered Species Act of 
     1973 (16 U.S.C. 1533),''.
       In the language proposed to be stricken, strike all after 
     the word 1997 on page 413, line 11, through the word Act on 
     page 413, line 20, and insert the following: ``Provided 
     further, That no monies appropriated under this Act or any 
     other law shall be used by the Secretary of the Interior to 
     issue final determinations under subsections (a), (b), (c), 
     (e), (g) or (i) of section 4 of the Endangered Species Act of 
     1973 (16 U.S.C. 1533), until such time as legislation 
     reauthorizing the Act is enacted or until the end of fiscal 
     year 1996, whichever is earlier, except that monies 
     appropriated under this Act may be used to delist or 
     reclassify species pursuant to subsections 4(a)(2)(B), 
     4(c)(2)(B)(I), and 4(c)(2)(B)(ii) of the Endangered Species 
     Act, and may be used to issue emergency listings under 
     section 4(b)(7) of the Endangered Species Act.''
       On page 461, lines 24, strike ``$1,255,005,000'' and insert 
     ``$1,255,004,999''.
       On page 462, lines 5, before the colon, insert the 
     following: ``, of which not more than $81,249,999 shall be 
     available for travel expenses''.

                          ____________________