[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2266 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                    September 27, 2017.
    Resolved, That the bill from the House of Representatives (H.R. 
2266) entitled ``An Act to amend title 28 of the United States Code to 
authorize the appointment of additional bankruptcy judges; and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bankruptcy Judgeship Act of 2017''.

SEC. 2. 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 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.
                    (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) 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 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) 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. 3. TEMPORARY OFFICE OF BANKRUPTCY JUDGE AUTHORIZED.

    (a) 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 of the middle district 
        of Florida.
            (3) One additional bankruptcy judge for the eastern 
        district of Michigan.
    (b) 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 paragraph 
                (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 paragraph 
                (1) to such office, and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge,
        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 paragraph 
                (1) to such office, and
                    (B) resulting from the death, retirement, 
                resignation, or removal of a bankruptcy judge,
        shall not be filled.

SEC. 4. 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) 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) 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. 5. 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) shall be provided for under a plan; and
            ``(4) shall be discharged in accordance with section 1228.
    ``(b) 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) 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) 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). 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) 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) 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)--
                                    (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) 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.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                               H.R. 2266

_______________________________________________________________________

                               AMENDMENT