Pub. L. 115-72 - Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017

115th Congress

Affects: 2 U.S.C. §§ 661a, 933; 7 U.S.C. §§ 2028; 10 U.S.C. §§ 2208; 11 U.S.C. §§ 1228; 28 U.S.C. §§ 152, 1930, 589a; 31 U.S.C. §§ 3321; 42 U.S.C. §§ 2414, 4016-4017a, 4016, 5121, 5162, 5172, 5184, 5302; 43 U.S.C. §§ 1748a

SECTION 1. SHORT TITLE.

This Act may be cited as the “Additional Supplemental Appropriations for Disaster Relief Requirements Act, 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:

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.

TheApplicability. 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.

EachPresident. 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) 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.

(a)(2) 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) 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 115–56Ante, 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 amendedAnte, 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 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)).

(c)(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.

NotwithstandingGrants.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, ThatExpiration 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.

NotwithstandingAdvanced 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.

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)(1) 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 theState listing. office of a bankruptcy judge for the respective district occurs:

(a)(1)(A) The district of Delaware.

(a)(1)(B) The southern district of Florida.

(a)(1)(C) The district of Maryland.

(a)(1)(D) The eastern district of Michigan.

(a)(1)(E) The district of Nevada.

(a)(1)(F) The eastern district of North Carolina.

(a)(1)(G) The district of Puerto Rico.

(a)(1)(H) The eastern district of Virginia.

(a)(2)(A) 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)—

(a)(2)(A)(i) occurring more than 5 years after the date of the enactment of this Act; and

(a)(2)(A)(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(a)(2)(A) shall not be filled.

(a)(2)(B) The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware—

(a)(2)(B)(i) occurring 5 years or more after the date of the enactment of this Act; and

(a)(2)(B)(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(a)(2)(B) shall not be filled.

(a)(2)(C)(i) The 1st vacancy in the office of a bankruptcy judge for the district of Maryland—

(a)(2)(C)(i)(I) occurring more than 5 years after the date of the enactment of this Act; and

(a)(2)(C)(i)(II) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(a)(2)(C)(i) shall not be filled.

(a)(2)(C)(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.

(a)(2)(D) The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida—

(a)(2)(D)(i) occurring more than 5 years after the date of the enactment of this Act; and

(a)(2)(D)(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(a)(2)(D) shall not be filled.

(a)(3) 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)(1) 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 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.

(b)(2)(A) The 5th vacancy in the office of a bankruptcy judge for the district of Delaware—

(b)(2)(A)(i) occurring more than 5 years after the date of the enactment of this Act; and

(b)(2)(A)(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(b)(2)(A) shall not be filled.

(b)(2)(B) The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico—

(b)(2)(B)(i) occurring more than 5 years after the date of the enactment of this Act; and

(b)(2)(B)(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(b)(2)(B) shall not be filled.

(b)(3) 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) 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:

(a)(1) Two additional bankruptcy judges for the district of Delaware.

(a)(2) One additional bankruptcy judge for the middle district of Florida.

(a)(3) One additional bankruptcy judge for the eastern district of Michigan.

(b)(1) The 6th and 7th vacancies in the office of a bankruptcy judge for the district of Delaware—

(b)(1)(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(1) to such office; and

(b)(1)(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(b)(1) shall not be filled.

(b)(2) The 1st vacancy in the office of a bankruptcy judge for the middle district of Florida—

(b)(2)(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(2) to such office; and

(b)(2)(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(b)(2) shall not be filled.

(b)(3) The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan—

(b)(3)(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(3) to such office; and

(b)(3)(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

(b)(3) shall not be filled.

SEC. 1004. BANKRUPTCY FEES.

(a) Section 1930(a)(6) of title 28, United States Code, is amended—

(a)(1) by striking “(6) In” and inserting “(6)(A) Except as provided in subparagraph (B), in”; and

(a)(2) by adding at the end the following:

(a)(2)“(B) 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.”

(a)(2) .

(b) Notwithstanding section 589a(b) of title 28, United States Code, for each of fiscal years 2018 through 2022—

(b)(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

(b)(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) 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) Subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following:

(a) “§ 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) Plan.shall be provided for under a plan; and131 STAT. 1233 “(4) shall be discharged in accordance with section 1228. “(b) 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) 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) 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).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) 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) 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.”

(a) .

(b)(1) Subchapter II of chapter 12 of title 11, United States Code, is amended—

(b)(1)(A) in section 1222(a)—

(b)(1)(A)(i) in paragraph (2), by striking “unless—” and all that follows through “the holder” and inserting “unless the holder”;

(b)(1)(A)(ii) in paragraph (3), by striking “and” at the end;

(b)(1)(A)(iii) in paragraph (4), by striking the period at the end and inserting “; and”; and

(b)(1)(A)(iv) by adding at the end the following:

(b)(1)(A)(iv)“(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)(1)(A)(iv) ;

(b)(1)(B) in section 1228—

(b)(1)(B)(i) in subsection (a)—

(b)(1)(B)(i)(I) in the matter preceding paragraph (1)—

(b)(1)(B)(i)(I)(aa) by inserting a comma after “all debts provided for by the plan”; and

(b)(1)(B)(i)(I)(bb) by inserting a comma after “allowed under section 503 of this title”; and

(b)(1)(B)(i)(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

(b)(1)(B)(ii) in subsection (c)(2), by inserting “, except as provided in section 1232(c)” before the period at the end; and

(b)(1)(C) in section 1229(a)—

(b)(1)(C)(i) in paragraph (2), by striking “or” at the end;

(b)(1)(C)(ii) in paragraph (3), by striking the period at the end and inserting “; or”; and

(b)(1)(C)(iii) by adding at the end the following:

(b)(1)(C)(iii)“(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.”

(b)(1)(C)(iii) .

(b)(2) 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:

(b)(2) “1232. Claim by a governmental unit based on the disposition of property used in a farming operation.”.

(c) The amendments made by this section shall apply to—

(c)(1) any bankruptcy case—

(c)(1)(A) that is pending on the date of enactment of this Act;

(c)(1)(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)(1)(C) relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered; and

(c)(2) any bankruptcy case that commences on or after the date of enactment of this Act.

Legislative History

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

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.