[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2266 Enrolled Bill (ENR)]
H.R.2266
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
Making additional supplemental appropriations for disaster relief
requirements for the fiscal year ending September 30, 2018, and for
other purposes.
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 ``Additional Supplemental
Appropriations for Disaster Relief Requirements Act, 2017''.
DIVISION 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 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 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 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 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 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 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 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
notwithstanding any other provision of law, 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 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 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 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.
(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 115-56 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 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)).
(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 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 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 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 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
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. 1003. 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 for 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 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,
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) 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. 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) 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.