Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017

To amend title 28 of the United States Code to authorize the appointment of additional bankruptcy judges; and for other purposes. 1. Short title This Act may be cited as the Bankruptcy Judgeship Act of 2017 2. Conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge in certain judicial districts (a) District of Delaware (1) The temporary office of 4 bankruptcy judges authorized for the district of Delaware by section 1223(b)(1)(C) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (2) The temporary office of bankruptcy judge authorized for the district of Delaware by section 3(a)(3) of Public Law 102–361 28 U.S.C. 152 Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (b) Southern District of Florida The temporary office of 2 bankruptcy judges authorized for the southern district of Florida by section 1223(b)(1)(D) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (c) District of Maryland The temporary office of 1 bankruptcy judge first appointed as authorized for the district of Maryland by section 1223(b)(1)(F) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (d) Eastern District of Michigan The temporary office of bankruptcy judge authorized for the eastern district of Michigan by section 1223(b)(1)(G) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (e) District of Nevada The temporary office of bankruptcy judge authorized for the district of Nevada by section 1223(b)(1)(T) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (f) Eastern District of North Carolina The temporary office of bankruptcy judge authorized for the eastern district of North Carolina by section 1223(b)(1)(M) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (g) District of Puerto Rico (1) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 1223(b)(1)(P) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (2) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 3(a)(7) of Public Law 102–361 28 U.S.C. 152 Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 (h) Eastern District of Virginia The temporary office of bankruptcy judge authorized for the eastern district of Virginia by section 1223(b)(1)(R) of Public Law 109–8 28 U.S.C. 152 Public Law 112–121 28 U.S.C. 152 3. Permanent office of bankruptcy judge authorized To reflect the conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge made by the operation of section 2, and to authorize the appointment of additional bankruptcy judges, section 152(a)(2) of title 28 of the United States Code is amended— (1) in the item relating to the district of Delaware by striking 1 8 (2) in the item relating to the middle district of Florida by striking 8 9 (3) in the item relating to the southern district of Florida by striking 5 7 (4) in the item relating to the district of Maryland by striking 4 5 (5) in the item relating to the eastern district of Michigan by striking 4 6 (6) in the item relating to the district of Nevada by striking 3 4 (7) in the item relating to the eastern district of North Carolina by striking 2 3 (8) in the item relating to the district of Puerto Rico by striking 2 4 (9) in the item relating to the eastern district of Virginia by striking 5 6 4. Bankruptcy Fees (a) Amendments to title 28 of the United States Code Section 1930(a)(6) of title 28 of the United States Code is amended— (1) by striking (6) In (6)(A) Except as provided in subparagraph (B), in (2) by adding at the end the following: (B) In any fiscal year, the quarterly fee payable for a quarter in which disbursements equal or exceed $1,000,000 shall be 1 percent of such disbursements or $250,000, whichever is less, unless the balance in the United States Trustee System Fund as of September 30 immediately preceding such fiscal year exceeds $200,000,000. . (b) Deposits of certain fees for fiscal years 2018 through 2022 Notwithstanding section 589a(b) of title 28 of the United States Code, for each of the fiscal years 2018 through 2022— (1) 97.5 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 (2) 2.5 percent of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury. (c) Effective date; application amendments (1) Effective date Except as provided in paragraph (2), this section shall take effect on July 1, 2017, or on the date of the enactment of this Act, whichever is later. (2) Application of amendments The amendments made by this section shall apply to quarterly fees payable under section 1930(a)(6) of title 28 of the United States Code, as amended by this section, for disbursements made in any calendar quarter that begins on or after the effective date of the amendments made by this section. May 17, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017 This bill provides supplemental appropriations for disaster relief, reauthorizes temporary bankruptcy judgeships, and revises requirements regarding the U.S. Trustee System Fund and bankruptcy. DIVISION A--ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS ACT OF 2017 Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017 This division provides $36.5 billion in FY2018 emergency supplemental appropriations to the Federal Emergency Management Agency (FEMA), the Department of Agriculture (USDA), and the Department of the Interior for relief and recovery efforts in response to recent hurricanes and wildfires. The funds provided by the division are designated as emergency requirements, which exempts the funding from discretionary spending limits and other budget enforcement rules. TITLE I--DEPARTMENT OF HOMELAND SECURITY For FEMA, the bill provides $18.67 billion for the Disaster Relief Fund, of which: (1) $10 million must be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters, and (2) up to $4.9 billion may be transferred to the Community Disaster Loans Program for direct loans to assist local governments in providing essential services as a result of Hurricanes Harvey, Irma, or Maria. TITLE II--DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR This title provides $576.5 million for wildfire suppression operations and activities, including: (1) $526.5 million for the Forest Service, and (2) $50 million for the Department of the Interior. TITLE III--GENERAL PROVISIONS (Sec. 301) Funds provided by this division are in addition to amounts otherwise appropriated for the fiscal year involved. (Sec. 302) No part of any appropriation provided by this division is available for obligation beyond the fiscal year, unless this bill expressly provides otherwise. (Sec. 303) The terms and conditions applicable to the funds provided in this division, including those provided by this title, also apply to the funds provided by the Supplemental Appropriations for Disaster Relief Requirements, 2017. (Sec. 304) Each amount designated in this division by Congress as being for an emergency requirement is only available if the President subsequently designates the amounts and transmits the designations to Congress. (Sec. 305) Each agency must submit to the Office of Management and Budget (OMB), the Government Accountability Office (GAO), the respective Inspector General of each agency, and the congressional appropriations committees internal control plans for funds provided by this division and the Supplemental Appropriations for Disaster Relief Requirements, 2017. The GAO must review the design of the plans. 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. (This requires the relevant agency to comply with certain requirements for reports and corrective actions regarding improper payments.) Funds for grants provided by this division or the Supplemental Appropriations for Disaster Relief Requirements, 2017 must be expended by the grantees within 24 months of the agency's obligation of funds for the grant, unless the OMB waives the requirement. (Sec. 306) This section amends the Supplemental Appropriations for Disaster Relief Requirements, 2017 to permit the Department of Housing and Urban Development to award Community Development Block Grant funds provided by the Act directly to Indian tribes, in addition to a state or unit of general local government. (Sec. 307) This section amends the Continuing Appropriations Act, 2018 to specify that the language included in The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017 under the heading "FLAME Wildfire Suppression Reserve Fund' for the Departments of Agriculture and the Interior does not apply for the purpose of the continuing appropriations provided by the Act. (Sec. 308) This section cancels $16 billion of the debt held by the Department of the Treasury under notes or obligations issued by the National Flood Insurance Program. (Sec. 309) USDA may use up to $1.27 billion of funds from the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) contingency reserve to provide a grant to Puerto Rico for disaster nutrition assistance in response to the presidentially declared major disasters and emergencies. (Sec. 310) This section specifies that the dollar limitation on advance billing of a customer of a Department of Defense working-capital fund does not apply to FEMA during FY2018. DIVISION B--BANKRUPTCY JUDGESHIP ACT OF 2017 Bankruptcy Judgeship Act of 2017 (Sec. 1002) This bill reauthorizes 14 temporary bankruptcy judgeships in judicial districts in Delaware, Florida, Puerto Rico, Maryland, Michigan, Virginia, Nevada, and North Carolina. (Sec. 1003) It authorizes the appointment of four additional temporary bankruptcy judges in Delaware, Florida, and Michigan. (Sec. 1004) The bill amends the federal judicial code to increase the quarterly fee imposed on certain chapter 11 (reorganization) debtors. Specifically, if the balance in the U.S. Trustee System Fund is less than $200 million, then a debtor with total quarterly disbursements of $1 million or more must pay a quarterly fee equal to $250,000 or 1% of disbursements, whichever is less. It also specifies that for FY2018-FY2022, 98% of the quarterly fees collected must be deposited as offsetting collections to the U.S. Trustee System Fund and 2% must be deposited in the general fund of the Treasury. (Sec. 1005) This section amends the federal bankruptcy code to include an unsecured claim by a governmental unit (e.g., a tax claim by the Internal Revenue Service) resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy (family farmer or fisherman reorganization) proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable.