[Congressional Record Volume 143, Number 119 (Wednesday, September 10, 1997)]
[Senate]
[Page S9092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      ORDER FOR REPRINT OF S. 1149

  Mr. GORTON. On behalf of Senator Grassley, Mr. President, I ask 
unanimous consent that technical errors in S. 1149 which Senator 
Grassley introduced On September 4, 1997, be corrected, and that the 
bill be reprinted as corrected. These changes are purely technical in 
nature. I have attached a copy of S. 1149 with the changes made for the 
convenience of my colleagues. I ask unanimous consent the corrected 
bill be reprinted in the Record following these remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1149

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Investment in Education Act 
     of 1997''.

     SEC. 2. TREATMENT OF CERTAIN LIENS.

       (a) Treatment of Certain Liens.--Section 724 of title 11, 
     United States Code, is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by inserting ``(other than to the extent that there is 
     properly perfected unavoidable tax lien arising in connection 
     with an ad valorem tax on real or personal property of the 
     estate)'' after ``under this title'';
       (2) in subsection (b)(2), after ``507(a)(1)'' and before 
     the comma following thereafter insert ``(except that such 
     expenses, other than claims for wages, salaries or 
     commissions which arise after the filing of a petition, shall 
     be limited to expenses incurred under Chapter 7 of this title 
     and shall not include expenses incurred under Chapter 11 of 
     this title)''; and
       (3) by adding at the end the following:
       ``(e) Before subordinating a tax lien on real or personal 
     property of the estate which has arisen by virtue of state 
     law, the trustee shall--
       ``(1) exhaust the unencumbered assets of the estate; and
       ``(2) in a manner consistent with section 506(c) of this 
     title, recover from property securing an allowed secured 
     claim the reasonable, necessary costs and expenses of 
     preserving or disposing of that property.
       ``(f) Notwithstanding the exclusion of ad valorem tax liens 
     set forth in this Section, claims for wages, salaries and 
     commissions entitled to priority under Section 507(a)(3) or 
     claims for contributions to an employee benefit plan entitled 
     to priority under 507(a)(4) may be paid from property of the 
     estate which secures a tax lien, or the proceeds of such 
     property subject to the requirements of Subsection 724(e).''.
       (b) Determination of Tax Liability.--Section 505(a)(2) of 
     title 11, United States Code, is amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) the amount or legality of any amount arising in 
     connection with an ad valorem tax real or personal property 
     of the estate if the applicable period for contesting or 
     redetermining that amount under any law (other than a 
     bankruptcy law) has expired.''.

     SEC. 3. ENFORCEMENT OF CHILD AND SPOUSAL SUPPORT.

       Section 522(c)(1) of title 11, United States Code, is 
     amended by inserting ``provided that, notwithstanding any 
     federal or state law relating to the enforcement of liens or 
     judgments on exempted property, exempt property shall be 
     liable for debts of a kind specified in Section 523(a)(5) of 
     this title,'' at the end of the subsection.

                          ____________________