Text: H.R.2266 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-72 (10/26/2017)

 
[115th Congress Public Law 72]
[From the U.S. Government Publishing Office]



[[Page 1223]]

ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS 
                                ACT, 2017

[[Page 131 STAT. 1224]]

Public Law 115-72
115th Congress

                                 An Act


 
   Making additional supplemental appropriations for disaster relief 
  requirements for the fiscal year ending September 30, 2018, and for 
         other purposes. <<NOTE: Oct. 26, 2017 -  [H.R. 2266]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Additional 
Supplemental Appropriations for Disaster Relief Requirements Act, 
2017.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Additional Supplemental 
Appropriations for Disaster Relief Requirements Act, 2017''.

  DIVISION <<NOTE: Additional Supplemental Appropriations for Disaster 
     Relief Requirements Act of 2017.>>  A--ADDITIONAL SUPPLEMENTAL 
APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS ACT OF 2017

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable corporate or 
other revenues, receipts, and funds, for the several departments, 
agencies, corporations, and other organizational units of Government for 
fiscal year 2018, and for other purposes, namely:

                                 TITLE I

                     DEPARTMENT OF HOMELAND SECURITY

                   Federal Emergency Management Agency

                          disaster relief fund

                     (including transfers of funds)

    For an additional amount for ``Disaster Relief Fund'' for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $18,670,000,000, 
to remain available until expended, of which $10,000,000 shall be 
transferred to the Department of Homeland Security Office of Inspector 
General for audits and investigations related to disasters: Provided, 
That <<NOTE: Web posting. Deadline. Grants.>>  the Administrator of the 
Federal Emergency Management Agency shall publish on the Agency's 
website not later than 5 days after an award of a public assistance 
grant under section 406 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172) that is in excess of 
$1,000,000, the specifics of each such grant award: Provided further, 
That <<NOTE: Deadline. Web posting. Cost estimate.>>  for any mission 
assignment or mission assignment task order to another Federal 
department or agency regarding a major disaster in excess of $1,000,000, 
not later than 5 days

[[Page 131 STAT. 1225]]

after the issuance of such mission assignment or mission assignment task 
order, the Administrator shall publish on the Agency's website the 
following: the name of the impacted State, the disaster declaration for 
such State, the assigned agency, the assistance requested, a description 
of the disaster, the total cost estimate, and the amount obligated: 
Provided further, That <<NOTE: Deadline. Update.>>  not later than 10 
days after the last day of each month until a mission assignment or 
mission assignment task order described in the preceding proviso is 
completed and closed out, the Administrator shall update any changes to 
the total cost estimate and the amount obligated: Provided further, 
That <<NOTE: Hurricane Harvey. Hurricane Irma. Hurricane 
Maria. Deadlines. Web posting. Cost estimate.>>  for a disaster 
declaration related to Hurricane Harvey, Hurricane Irma, or Hurricane 
Maria, the Administrator shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate, not later 
than 5 days after the first day of each month beginning after the date 
of enactment of this Act, and shall publish on the Agency's website, not 
later than 10 days after the first day of each such month, an estimate 
or actual amount, if available, for the current fiscal year of the cost 
of the following categories of spending: public assistance, individual 
assistance, operations, mitigation, administrative, and any other 
relevant category (including emergency measures and disaster resources): 
Provided further, That <<NOTE: Deadline. Web posting. Reports.>>  not 
later than 10 days after the first day of each month, the Administrator 
shall publish on the Agency's website the report (referred to as the 
Disaster Relief Monthly Report) as required by Public Law 114-4.

     Of the amounts provided in this division for the Disaster Relief 
Fund, up to $4,900,000,000 may be transferred to the Disaster Assistance 
Direct Loan Program Account for the cost of direct loans as authorized 
under section 417 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5184) to be used to assist local 
governments in providing essential services as a result of Hurricanes 
Harvey, Irma, or Maria: Provided further, That such amounts may 
subsidize gross obligations for the principal amount of direct loans not 
to exceed $4,900,000,000 under section 417 of the Stafford Act: Provided 
further, That notwithstanding section 417 of the Stafford Act, a 
territory or possession, and instrumentalities and local governments 
thereof, of the United States shall be deemed to be a local government 
for purposes of this paragraph: Provided further, That notwithstanding 
section 417(b) of the Stafford Act, the amount of any such loan issued 
to a territory or possession, and instrumentalities and local 
governments thereof, may be based on the projected loss of tax and other 
revenues and on projected cash outlays not previously budgeted for a 
period not to exceed 180 days from the date of the major disaster, and 
may exceed $5,000,000: Provided further, That notwithstanding any other 
provision of law or the constitution of a territory or possession that 
limits the issuance of debt, a territory or possession, and 
instrumentalities and local governments thereof, may each receive more 
than one loan with repayment provisions and other terms specific to the 
type of lost tax and other revenues and on projected unbudgeted cash 
outlays for which the loan is provided: Provided further, 
That <<NOTE: Loans. Consultation.>>  notwithstanding section 417(c)(1) 
of the Stafford Act, loans to a territory or possession, and 
instrumentalities and local governments thereof, may be cancelled in 
whole or in part only at the discretion of the Secretary of Homeland 
Security in consultation with the Secretary of the Treasury: Provided 
further, That <<NOTE: Consultation. Determination. Loans.>>  
notwithstanding any other provision of law,

[[Page 131 STAT. 1226]]

the Secretary of Homeland Security, in consultation with the Secretary 
of the Treasury, shall determine the terms, conditions, eligible uses, 
and timing and amount of Federal disbursements of loans issued to a 
territory or possession, and instrumentalities and local governments 
thereof: Provided further, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That 
FEMA may transfer up to 1.5 percent of the amount under this paragraph 
to the Disaster Assistance Direct Loan Program Account for 
administrative expenses to carry out under this paragraph the direct 
loan program, as authorized by section 417 of the Stafford Act: Provided 
further, That of the amount provided under this paragraph for transfer, 
up to $150,000,000 may be transferred to the Disaster Assistance Direct 
Loan Program Account for the cost to lend a territory or possession of 
the United States that portion of assistance for which the territory or 
possession is responsible under the cost-sharing provisions of the major 
disaster declaration for Hurricanes Irma or Maria, as authorized under 
section 319 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5162): Provided further, That of the amount 
provided under this paragraph for transfer, up to $1,000,000 may be 
transferred to the Disaster Assistance Direct Loan Program Account for 
administrative expenses to carry out the Advance of Non-Federal Share 
program, as authorized by section 319 of the Stafford Act.

    The amount provided under this heading is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                                TITLE II

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                      (including transfer of funds)

    For an additional amount for ``Wildland Fire Management'', 
$184,500,000, to remain available through September 30, 2021, for urgent 
wildland fire suppression operations: Provided, That such funds shall be 
solely available to be transferred to and merged with other 
appropriations accounts from which funds were previously transferred for 
wildland fire suppression in fiscal year 2017 to fully repay those 
amounts: Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                 flame wildfire suppression reserve fund

                      (including transfer of funds)

    For an additional amount for ``FLAME Wildfire Suppression Reserve 
Fund'', $342,000,000, to remain available through September 30, 2021, 
for necessary expenses for large wildland fire

[[Page 131 STAT. 1227]]

suppression operations of the Department of Agriculture and as a reserve 
fund for suppression and Federal emergency response activities: 
Provided, That notwithstanding the FLAME Act of 2009 (43 U.S.C. 
1748a(e)), such funds shall be solely available to be transferred to and 
merged with other appropriations accounts from which funds were 
previously transferred for wildland fire suppression in fiscal year 2017 
to fully repay those amounts: Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       DEPARTMENT OF THE INTERIOR

                        Department-Wide Programs

                        wildland fire management

                      (including transfer of funds)

    For an additional amount for ``Wildland Fire Management'', 
$50,000,000, to remain available until expended, for urgent wildland 
fire suppression activities and funds necessary to repay any transfers 
needed for these costs: Provided, That such funds may be available to be 
transferred to and merged with other appropriations accounts to fully 
repay amounts previously transferred for wildland fire suppression: 
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE III

                           GENERAL PROVISIONS

    Sec. 301.  Each amount appropriated or made available by this 
division is in addition to amounts otherwise appropriated for the fiscal 
year involved.
    Sec. 302.  No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 303.  The <<NOTE: Applicability.>>  terms and conditions 
applicable to the funds provided in this division, including those 
provided by this title, shall also apply to the funds made available in 
division B of Public Law 115-56.

    Sec. 304.  Each <<NOTE: President.>>  amount designated in this 
division by the Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 shall be available only if the President 
subsequently so designates all such amounts and transmits such 
designations to the Congress.

    Sec. 305. (a)(1) <<NOTE: Deadlines. Criteria. Plans.>>  Not later 
than December 31, 2017, in accordance with criteria to be established by 
the Director of the Office of Management and Budget (referred to in this 
section as ``OMB''), each Federal agency shall submit to OMB, the 
Government Accountability Office, the respective Inspector General of 
each agency, and the Committees on Appropriations of the House of 
Representatives and the Senate internal control plans for funds provided 
by this division and division B of Public Law 115-56.

[[Page 131 STAT. 1228]]

    (2) <<NOTE: Review.>>  Not later than March 31, 2018, the Government 
Accountability Office shall review for the Committees on Appropriations 
of the House of Representatives and the Senate the design of the 
internal control plans required by paragraph (1).

    (b) All programs and activities receiving funds under this division 
shall be deemed to be ``susceptible to significant improper payments'' 
for purposes of the Improper Payments Information Act of 2002 (31 U.S.C. 
3321 note), notwithstanding section 2(a) of such Act.
    (c) <<NOTE: Grants. Deadline. Time period. Waiver authority.>>  
Funds for grants provided by this division or division B of Public Law 
115-56 shall be expended by the grantees within the 24-month period 
following the agency's obligation of funds for the grant, unless, in 
accordance with guidance to be issued by the Director of OMB, the 
Director waives this requirement for a particular grant program and 
submits a written justification for such waiver to the Committees on 
Appropriations of the House of Representatives and the Senate. In the 
case of such grants, the agency shall include a term in the grant that 
requires the grantee to return to the agency any funds not expended 
within the 24-month period.

    Sec. 306. (a) The first proviso under the heading ``Department of 
Housing and Urban Development--Community Planning and Development--
Community Development Fund'' in division B of Public Law 115-
56 <<NOTE: Ante, p. 1137.>>  is amended by striking ``State or unit of 
general local government'' and inserting ``State, unit of general local 
government, or Indian tribe (as such term is defined in section 102 of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5302))''.

    (b) Amounts repurposed pursuant to subsection (a) that were 
previously designated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 are designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of such Act.
    Sec. 307.  Section 101(a)(7) of division D of Public Law 115-56 is 
amended <<NOTE: Ante, p. 1140.>>  to read as follows:
            ``(7) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2017 (division G of Public 
        Law 115-31), except the language under the heading `FLAME 
        Wildfire Suppression Reserve Fund' in the Departments of 
        Agriculture and the Interior.''.

    Sec. 308. (a) Notwithstanding sections 1309, 1310, and 1310a of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4016-4017a) and section 
15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)), 
and any borrowing agreement entered into between the Department of the 
Treasury and the Federal Emergency Management Agency, of the 
indebtedness of the Administrator under any notes or other obligations 
issued pursuant to section 1309(a) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4016(a)) and section 15(e) of the Federal Insurance 
Act of 1956 (42 U.S.C. 2414(e)) that is outstanding as of the date of 
the enactment of this Act, an amount of $16,000,000,000 is hereby 
cancelled. To the extent of the amount cancelled, the Administrator and 
the National Flood Insurance Fund are relieved of all liability to the 
Secretary of the Treasury under any such notes or other obligations, 
including for any interest due under such notes and any other fees and 
charges payable in connection with such notes, and the total amount of 
notes and obligations

[[Page 131 STAT. 1229]]

issued by the Administrator pursuant to such sections shall be 
considered to be reduced by such amount for the purposes of the 
limitation on such total amount under such section 1309(a).
    (b) The amount of the indebtedness cancelled under subsection (a) 
may be treated as public debt of the United States.
    (c)(1) This section is designated as an emergency requirement 
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
U.S.C. 933(g)).
    (2) The amount provided in this section is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    Sec. 309.  Notwithstanding <<NOTE: Grants. Puerto Rico.>>  section 
19(a)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2028), not 
to exceed $1,270,000,000 of funds made available for the contingency 
reserve under the heading ``Supplemental Nutrition Assistance Program'' 
of division A of Public Law 114-113 shall be available for the Secretary 
to provide a grant to the Commonwealth of Puerto Rico for disaster 
nutrition assistance in response to the Presidentially declared major 
disasters and emergencies: Provided, That <<NOTE: Expiration date.>>  
funds made available to Puerto Rico under this section shall remain 
available for obligation by the Commonwealth until September 30, 2019, 
and shall be in addition to funds otherwise made available: Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

    Sec. 310.  Notwithstanding <<NOTE: Advanced billing.>>  section 
2208(l)(3) of title 10, United States Code, during fiscal year 2018, the 
dollar limitation on advance billing of a customer of a working-capital 
fund in such section shall not apply with respect to the advance billing 
of the Federal Emergency Management Agency. In the preceding sentence, 
the term ``advance billing'' has the meaning given the term in section 
2208(l)(4) of title 10, United States Code.

     This division may be cited as the ``Additional Supplemental 
Appropriations for Disaster Relief Requirements Act of 2017''.

  DIVISION <<NOTE: Bankruptcy Judgeship Act of 2017.>>  B--BANKRUPTCY 
JUDGESHIP ACT OF 2017
SEC. 1001. SHORT TITLE.

    This division may be cited as the ``Bankruptcy Judgeship Act of 
2017''.
SEC. 1002. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN 
                          CERTAIN JUDICIAL DISTRICTS.

    (a) Temporary Office of Bankruptcy Judges Authorized by the 
Bankruptcy Judgeship Act of 2005.--
            (1) Extensions.--The temporary office of bankruptcy judges 
        authorized for the following districts by subsection (b) of the 
        Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) are 
        extended until the applicable vacancy specified in paragraph (2) 
        in the <<NOTE: State listing.>>  office of a bankruptcy judge 
        for the respective district occurs:
                    (A) The district of Delaware.
                    (B) The southern district of Florida.
                    (C) The district of Maryland.

[[Page 131 STAT. 1230]]

                    (D) The eastern district of Michigan.
                    (E) The district of Nevada.
                    (F) The eastern district of North Carolina.
                    (G) The district of Puerto Rico.
                    (H) The eastern district of Virginia.
            (2) <<NOTE: Time period.>>  Vacancies.--
                    (A) Single vacancies.--Except as provided in 
                subparagraphs (B), (C), and (D), the 1st vacancy in the 
                office of a bankruptcy judge for each district specified 
                in paragraph (1)--
                          (i) occurring more than 5 years after the date 
                      of the enactment of this Act; and
                          (ii) resulting from the death, retirement, 
                      resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (B) District of delaware.--The 1st, 2d, 3d, and 4th 
                vacancies in the office of a bankruptcy judge for the 
                district of Delaware--
                          (i) occurring 5 years or more after the date 
                      of the enactment of this Act; and
                          (ii) resulting from the death, retirement, 
                      resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (C) District of maryland.--
                          (i) The 1st vacancy in the office of a 
                      bankruptcy judge for the district of Maryland--
                                    (I) occurring more than 5 years 
                                after the date of the enactment of this 
                                Act; and
                                    (II) resulting from the death, 
                                retirement, resignation, or removal of a 
                                bankruptcy judge,
                      shall not be filled.
                          (ii) The 2d and 3d vacancies in the office of 
                      a bankruptcy judge for the district of Maryland 
                      resulting from the death, retirement, resignation, 
                      or removal of a bankruptcy judge, shall not be 
                      filled.
                    (D) Southern district of florida.--The 1st and 2d 
                vacancies in the office of a bankruptcy judge for the 
                southern district of Florida--
                          (i) occurring more than 5 years after the date 
                      of the enactment of this Act; and
                          (ii) resulting from the death, retirement, 
                      resignation, or removal of a bankruptcy judge,
                shall not be filled.
            (3) Applicability of provisions.--Except as provided in 
        paragraphs (1) and (2), all other provisions of subsection (b) 
        of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and 
        section 2 of the Temporary Bankruptcy Judgeships Extension Act 
        of 2012 (28 U.S.C. 152 note) remain applicable to the temporary 
        office of bankruptcy judges referred to in paragraph (1).

    (b) Temporary Office of Bankruptcy Judges Extended by the Bankruptcy 
Judgeship Act of 2005 and the Temporary Bankruptcy Judgeships Extension 
Act of 2012.--
            (1) Extensions.--The temporary office of bankruptcy judges 
        authorized by section 3 of the Bankruptcy Judgeship Act of 1992 
        (28 U.S.C. 152 note) and extended by subsection (c) of the 
        Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152

[[Page 131 STAT. 1231]]

        note) and further extended by section 2 of the Temporary 
        Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) 
        for the district of Delaware and the district of Puerto Rico are 
        extended until the applicable vacancy specified in paragraph (2) 
        in the office of a bankruptcy judge for the respective district 
        occurs.
            (2) <<NOTE: Time period.>>  Vacancies.--
                    (A) District of delaware.--The 5th vacancy in the 
                office of a bankruptcy judge for the district of 
                Delaware--
                          (i) occurring more than 5 years after the date 
                      of the enactment of this Act; and
                          (ii) resulting from the death, retirement, 
                      resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (B) District of puerto rico.--The 2d vacancy in the 
                office of a bankruptcy judge for the district of Puerto 
                Rico--
                          (i) occurring more than 5 years after the date 
                      of the enactment of this Act; and
                          (ii) resulting from the death, retirement, 
                      resignation, or removal of a bankruptcy judge,
                shall not be filled.
            (3) Applicability of other provisions.--Except as provided 
        in paragraphs (1) and (2), all other provisions of section 3 of 
        the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), 
        subsection (c) of the Bankruptcy Judgeship Act of 2005 (28 
        U.S.C. 152 note), and section 2 of the Temporary Bankruptcy 
        Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain 
        applicable to the temporary office of bankruptcy judges referred 
        to in paragraph (1).
SEC. 1003. TEMPORARY OFFICE OF BANKRUPTCY JUDGE AUTHORIZED.

    (a) <<NOTE: State listing.>>  Appointments.--The following 
bankruptcy judges shall be appointed in the manner prescribed in section 
152(a)(1) of title 28, United States Code, for the appointment of 
bankruptcy judges provided for in section 152(a)(2) of that title:
            (1) Two additional bankruptcy judges for the district of 
        Delaware.
            (2) One additional bankruptcy judge for the middle district 
        of Florida.
            (3) One additional bankruptcy judge for the eastern district 
        of Michigan.

    (b) <<NOTE: Time period.>>  Vacancies.--
            (1) District of delaware.--The 6th and 7th vacancies in the 
        office of a bankruptcy judge for the district of Delaware--
                    (A) occurring 5 years or more after the appointment 
                date of the bankruptcy judge appointed under subsection 
                (a)(1) to such office; and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge,
        shall not be filled.
            (2) Middle district of florida.--The 1st vacancy in the 
        office of a bankruptcy judge for the middle district of 
        Florida--
                    (A) occurring 5 years or more after the appointment 
                date of the bankruptcy judge appointed under subsection 
                (a)(2) to such office; and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge,

[[Page 131 STAT. 1232]]

        shall not be filled.
            (3) Eastern district of michigan.--The 2d vacancy in the 
        office of a bankruptcy judge for the eastern district of 
        Michigan--
                    (A) occurring 5 years or more after the appointment 
                date of the bankruptcy judge appointed under subsection 
                (a)(3) to such office; and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge,
        shall not be filled.
SEC. 1004. BANKRUPTCY FEES.

    (a) Amendments to Title 28 of the United States Code.--Section 
1930(a)(6) of title 28, United States Code, is amended--
            (1) by striking ``(6) In'' and inserting ``(6)(A) Except as 
        provided in subparagraph (B), in''; and
            (2) by adding at the end the following:
            ``(B) <<NOTE: Time period.>>  During each of fiscal years 
        2018 through 2022, if the balance in the United States Trustee 
        System Fund as of September 30 of the most recent full fiscal 
        year is less than $200,000,000, the quarterly fee payable for a 
        quarter in which disbursements equal or exceed $1,000,000 shall 
        be the lesser of 1 percent of such disbursements or $250,000.''.

    (b) <<NOTE: Time period.>>  Deposits of Certain Fees for Fiscal 
Years 2018 Through 2022.--Notwithstanding section 589a(b) of title 28, 
United States Code, for each of fiscal years 2018 through 2022--
            (1) 98 percent of the fees collected under section 
        1930(a)(6) of such title shall be deposited as offsetting 
        collections to the appropriation ``United States Trustee System 
        Fund'', to remain available until expended; and
            (2) 2 percent of the fees collected under section 1930(a)(6) 
        of such title shall be deposited in the general fund of the 
        Treasury.

    (c) Application of Amendments.--The amendments made by this section 
shall apply to quarterly fees payable under section 1930(a)(6) of title 
28, United States Code, as amended by this section, for disbursements 
made in any calendar quarter that begins on or after the date of 
enactment of this Act.
SEC. 1005. CLARIFICATION OF RULE ALLOWING DISCHARGE TO 
                          GOVERNMENTAL CLAIMS ARISING FROM THE 
                          DISPOSITION OF FARM ASSETS UNDER CHAPTER 
                          12 BANKRUPTCIES.

    (a) In General.--Subchapter II of chapter 12 of title 11, United 
States Code, is amended by adding at the end the following:
``Sec. 1232. Claim by a governmental unit based on the disposition 
                  of property used in a farming operation

    ``(a) Any unsecured claim of a governmental unit against the debtor 
or the estate that arises before the filing of the petition, or that 
arises after the filing of the petition and before the debtor's 
discharge under section 1228, as a result of the sale, transfer, 
exchange, or other disposition of any property used in the debtor's 
farming operation--
            ``(1) shall be treated as an unsecured claim arising before 
        the date on which the petition is filed;
            ``(2) shall not be entitled to priority under section 507;
            ``(3) <<NOTE: Plan.>>  shall be provided for under a plan; 
        and

[[Page 131 STAT. 1233]]

            ``(4) shall be discharged in accordance with section 1228.

    ``(b) <<NOTE: Applicability.>>  For purposes of applying sections 
1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in 
subsection (a) of this section, the amount that would be paid on such 
claim if the estate of the debtor were liquidated in a case under 
chapter 7 of this title shall be the amount that would be paid by the 
estate in a chapter 7 case if the claim were an unsecured claim arising 
before the date on which the petition was filed and were not entitled to 
priority under section 507.

    ``(c) <<NOTE: Applicability.>>  For purposes of applying sections 
523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection 
(a) of this section, the claim shall not be treated as a claim of a kind 
specified in subparagraph (A) or (B) of section 523(a)(1).

    ``(d)(1) A governmental unit may file a proof of claim for a claim 
described in subsection (a) that arises after the date on which the 
petition is filed.
    ``(2) <<NOTE: Notice.>>  If a debtor files a tax return after the 
filing of the petition for a period in which a claim described in 
subsection (a) arises, and the claim relates to the tax return, the 
debtor shall serve notice of the claim on the governmental unit charged 
with the responsibility for the collection of the tax at the address and 
in the manner designated in section 505(b)(1). <<NOTE: Records.>>  
Notice under this paragraph shall state that the debtor has filed a 
petition under this chapter, state the name and location of the court in 
which the case under this chapter is pending, state the amount of the 
claim, and include a copy of the filed tax return and documentation 
supporting the calculation of the claim.

    ``(3) <<NOTE: Deadline.>>  If notice of a claim has been served on 
the governmental unit in accordance with paragraph (2), the governmental 
unit may file a proof of claim not later than 180 days after the date on 
which such notice was served. If the governmental unit has not filed a 
timely proof of the claim, the debtor or trustee may file proof of the 
claim that is consistent with the notice served under paragraph (2). If 
a proof of claim is filed by the debtor or trustee under this paragraph, 
the governmental unit may not amend the proof of claim.

    ``(4) <<NOTE: Determination.>>  A claim filed under this subsection 
shall be determined and shall be allowed under subsection (a), (b), or 
(c) of section 502, or disallowed under subsection (d) or (e) of section 
502, in the same manner as if the claim had arisen immediately before 
the date of the filing of the petition.''.

    (b) Technical and Conforming Amendments.--
            (1) In general.--Subchapter II of chapter 12 of title 11, 
        United States Code, is amended--
                    (A) in section 1222(a)--
                          (i) in paragraph (2), by striking ``unless--'' 
                      and all that follows through ``the holder'' and 
                      inserting ``unless the holder'';
                          (ii) in paragraph (3), by striking ``and'' at 
                      the end;
                          (iii) in paragraph (4), by striking the period 
                      at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
            ``(5) subject to section 1232, provide for the treatment of 
        any claim by a governmental unit of a kind described in section 
        1232(a).'';
                    (B) in section 1228--
                          (i) in subsection (a)--

[[Page 131 STAT. 1234]]

                                    (I) in the matter preceding 
                                paragraph (1)--
                                            (aa) by inserting a comma 
                                        after ``all debts provided for 
                                        by the plan''; and
                                            (bb) by inserting a comma 
                                        after ``allowed under section 
                                        503 of this title''; and
                                    (II) in paragraph (2), by striking 
                                ``the kind'' and all that follows and 
                                inserting ``a kind specified in section 
                                523(a) of this title, except as provided 
                                in section 1232(c).''; and
                          (ii) in subsection (c)(2), by inserting ``, 
                      except as provided in section 1232(c)'' before the 
                      period at the end; and
                    (C) in section 1229(a)--
                          (i) in paragraph (2), by striking ``or'' at 
                      the end;
                          (ii) in paragraph (3), by striking the period 
                      at the end and inserting ``; or''; and
                          (iii) by adding at the end the following:
            ``(4) provide for the payment of a claim described in 
        section 1232(a) that arose after the date on which the petition 
        was filed.''.
            (2) Table of sections.--The table of sections for subchapter 
        II of chapter 12 of title 11, United States Code, is amended by 
        adding at the end the following:

``1232. Claim by a governmental unit based on the disposition of 
           property used in a farming operation.''.

    (c) <<NOTE: Applicability.>>  Effective Date.--The amendments made 
by this section shall apply to--
            (1) any bankruptcy case--
                    (A) that is pending on the date of enactment of this 
                Act;
                    (B) in which the plan under chapter 12 of title 11, 
                United States Code, has not been confirmed on the date 
                of enactment of this Act; and
                    (C) relating to which an order of discharge under 
                section 1228 of title 11, United States Code, has not 
                been entered; and
            (2) any bankruptcy case that commences on or after the date 
        of enactment of this Act.

    Approved October 26, 2017.

LEGISLATIVE HISTORY--H.R. 2266 (S. 1107):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-130 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 163 (2017):
            May 17, considered and passed House.
            Sept. 27, considered and passed Senate, amended.
            Oct. 12, House concurred in Senate amendment with an 
                amendment, pursuant to H. Res. 569.
            Oct. 24, Senate concurred in House amendment.

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