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Fixing America’s Surface Transportation Act (FAST Act) (P.L. 114-94)

DEC. 4, 2015

Fixing America’s Surface Transportation Act (FAST Act) (P.L. 114-94)

DATED DEC. 4, 2015
DOCUMENT ATTRIBUTES

 

H.R. 22, Enrolled Bill

 

 

One Hundred Fourteenth Congress

 

of the

 

United States of America

 

 

AT THE FIRST SESSION

 

 

Begun and held at the City of Washington on Tuesday, the sixth

 

day of January, two thousand and fifteen

 

 

An Act

 

 

[Editor's Note: Asterisks indicate omitted text.]

To authorize funds for Federal-aid highways, highway safety programs, and transit programs, 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; TABLE OF CONTENTS.

 

(a) SHORT TITLE. -- This Act may be cited as the "Fixing America's Surface Transportation Act" or the "FAST Act".

(b) TABLE OF CONTENTS. -- The table of contents for this Act is as follows:

 

Sec. 1. Short title; table of contents.

 

DIVISION A -- SURFACE TRANSPORTATION

 

 

Sec. 1001. Definitions.

Sec. 1002. Reconciliation of funds.

Sec. 1003. Effective date.

Sec. 1004. References.

 

TITLE I -- FEDERAL-AID HIGHWAYS

 

 

Subtitle A -- Authorizations and Programs

 

 

Sec. 1101. Authorization of appropriations.

Sec. 1102. Obligation ceiling.

Sec. 1103. Definitions.

Sec. 1104. Apportionment.

Sec. 1105. Nationally significant freight and highway projects.

Sec. 1106. National highway performance program.

Sec. 1107. Emergency relief for federally owned roads.

Sec. 1108. Railway-highway grade crossings.

Sec. 1109. Surface transportation block grant program.

Sec. 1110. Highway use tax evasion projects.

Sec. 1111. Bundling of bridge projects.

Sec. 1112. Construction of ferry boats and ferry terminal facilities.

Sec. 1113. Highway safety improvement program.

Sec. 1114. Congestion mitigation and air quality improvement program.

Sec. 1115. Territorial and Puerto Rico highway program.

Sec. 1116. National highway freight program.

Sec. 1117. Federal lands and tribal transportation programs.

Sec. 1118. Tribal transportation program amendment.

Sec. 1119. Federal lands transportation program.

Sec. 1120. Federal lands programmatic activities.

Sec. 1121. Tribal transportation self-governance program.

Sec. 1122. State flexibility for National Highway System modifications.

Sec. 1123. Nationally significant Federal lands and tribal projects program.

 

Subtitle B -- Planning and Performance Management

 

 

Sec. 1201. Metropolitan transportation planning.

Sec. 1202. Statewide and nonmetropolitan transportation planning.

Sec. 1301. Subtitle C -- Acceleration of Project Delivery Satisfaction of requirements for certain historic sites.

Sec. 1302. Clarification of transportation environmental authorities.

Sec. 1303. Treatment of certain bridges under preservation requirements.

Sec. 1304. Efficient environmental reviews for project decisionmaking.

Sec. 1305. Integration of planning and environmental review.

Sec. 1306. Development of programmatic mitigation plans.

Sec. 1307. Technical assistance for States.

Sec. 1308. Surface transportation project delivery program.

Sec. 1309. Program for eliminating duplication of environmental reviews.

Sec. 1310. Application of categorical exclusions for multimodal projects.

Sec. 1311. Accelerated decisionmaking in environmental reviews.

Sec. 1312. Improving State and Federal agency engagement in environmental reviews.

Sec. 1313. Aligning Federal environmental reviews.

Sec. 1314. Categorical exclusion for projects of limited Federal assistance.

Sec. 1315. Programmatic agreement template.

Sec. 1316. Assumption of authorities.

Sec. 1317. Modernization of the environmental review process.

Sec. 1318. Assessment of progress on accelerating project delivery.

 

Subtitle D -- Miscellaneous

 

 

Sec. 1401. Prohibition on the use of funds for automated traffic enforcement.

Sec. 1402. Highway Trust Fund transparency and accountability.

Sec. 1403. Additional deposits into Highway Trust Fund.

Sec. 1404. Design standards.

Sec. 1405. Justification reports for access points on the Interstate System.

Sec. 1406. Performance period adjustment.

Sec. 1407. Vehicle-to-infrastructure equipment.

Sec. 1408. Federal share payable.

Sec. 1409. Milk products.

Sec. 1410. Interstate weight limits.

Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and rehabilitation.

Sec. 1412. Projects for public safety relating to idling trains.

Sec. 1413. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors.

Sec. 1414. Repeat offender criteria.

Sec. 1415. Administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way.

Sec. 1416. High priority corridors on National Highway System.

Sec. 1417. Work zone and guard rail safety training.

Sec. 1418. Consolidation of programs.

Sec. 1419. Elimination or modification of certain reporting requirements.

Sec. 1420. Flexibility for projects.

Sec. 1421. Productive and timely expenditure of funds.

Sec. 1422. Study on performance of bridges.

Sec. 1423. Relinquishment of park-and-ride lot facilities.

Sec. 1424. Pilot program.

Sec. 1425. Service club, charitable association, or religious service signs.

Sec. 1426. Motorcyclist advisory council.

Sec. 1427. Highway work zones.

Sec. 1428. Use of durable, resilient, and sustainable materials and practices.

Sec. 1429. Identification of roadside highway safety hardware devices.

Sec. 1430. Use of modeling and simulation technology.

Sec. 1431. National Advisory Committee on Travel and Tourism Infrastructure.

Sec. 1432. Emergency exemptions.

Sec. 1433. Report on Highway Trust Fund administrative expenditures.

Sec. 1434. Availability of reports.

Sec. 1435. Appalachian development highway system.

Sec. 1436. Appalachian regional development program.

Sec. 1437. Border State infrastructure.

Sec. 1438. Adjustments.

Sec. 1439. Elimination of barriers to improve at-risk bridges.

Sec. 1440. At-risk project preagreement authority.

Sec. 1441. Regional infrastructure accelerator demonstration program.

Sec. 1442. Safety for users.

Sec. 1443. Sense of Congress.

Sec. 1444. Every Day Counts initiative.

Sec. 1445. Water infrastructure finance and innovation.

Sec. 1446. Technical corrections.

 

TITLE II -- INNOVATIVE PROJECT FINANCE

 

 

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.

Sec. 2002. Availability payment concession model.

 

TITLE III -- PUBLIC TRANSPORTATION

 

 

Sec. 3001. Short title.

Sec. 3002. Definitions.

Sec. 3003. Metropolitan and statewide transportation planning.

Sec. 3004. Urbanized area formula grants.

Sec. 3005. Fixed guideway capital investment grants.

Sec. 3006. Enhanced mobility of seniors and individuals with disabilities.

Sec. 3007. Formula grants for rural areas.

Sec. 3008. Public transportation innovation.

Sec. 3009. Technical assistance and workforce development.

Sec. 3010. Private sector participation.

Sec. 3011. General provisions.

Sec. 3012. Project management oversight.

Sec. 3013. Public transportation safety program.

Sec. 3014. Apportionments.

Sec. 3015. State of good repair grants.

Sec. 3016. Authorizations.

Sec. 3017. Grants for buses and bus facilities.

Sec. 3018. Obligation ceiling.

Sec. 3019. Innovative procurement.

Sec. 3020. Review of public transportation safety standards.

Sec. 3021. Study on evidentiary protection for public transportation safety program information.

Sec. 3022. Improved public transportation safety measures.

Sec. 3023. Paratransit system under FTA approved coordinated plan.

Sec. 3024. Report on potential of Internet of Things.

Sec. 3025. Report on parking safety.

Sec. 3026. Appointment of directors of Washington Metropolitan Area Transit Authority.

Sec. 3027. Effectiveness of public transportation changes and funding.

Sec. 3028. Authorization of grants for positive train control.

Sec. 3029. Amendment to title 5.

Sec. 3030. Technical and conforming changes.

 

TITLE IV -- HIGHWAY TRAFFIC SAFETY

 

 

Sec. 4001. Authorization of appropriations.

Sec. 4002. Highway safety programs.

Sec. 4003. Highway safety research and development.

Sec. 4004. High-visibility enforcement program.

Sec. 4005. National priority safety programs.

Sec. 4006. Tracking process.

Sec. 4007. Stop motorcycle checkpoint funding.

Sec. 4008. Marijuana-impaired driving.

Sec. 4009. Increasing public awareness of the dangers of drug-impaired driving.

Sec. 4010. National priority safety program grant eligibility.

Sec. 4011. Data collection.

Sec. 4012. Study on the national roadside survey of alcohol and drug use by drivers.

Sec. 4013. Barriers to data collection report.

Sec. 4014. Technical corrections.

Sec. 4015. Effective date for certain programs.

 

TITLE V -- MOTOR CARRIER SAFETY

 

 

Subtitle A -- Motor Carrier Safety Grant Consolidation

 

 

Sec. 5101. Grants to States.

Sec. 5102. Performance and registration information systems management.

Sec. 5103. Authorization of appropriations.

Sec. 5104. Commercial driver’s license program implementation.

Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 2016.

Sec. 5106. Motor carrier safety assistance program allocation.

Sec. 5107. Maintenance of effort calculation.

 

Subtitle B -- Federal Motor Carrier Safety Administration Reform

 

 

PART I -- REGULATORY REFORM

 

 

Sec. 5201. Notice of cancellation of insurance.

Sec. 5202. Regulations.

Sec. 5203. Guidance.

Sec. 5204. Petitions.

Sec. 5205. Inspector standards.

Sec. 5206. Applications.

 

PART II -- COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

 

 

Sec. 5221. Correlation study.

Sec. 5222. Beyond compliance.

Sec. 5223. Data certification.

Sec. 5224. Data improvement.

Sec. 5225. Accident review.

 

Subtitle C -- Commercial Motor Vehicle Safety

 

 

Sec. 5301. Windshield technology.

Sec. 5302. Prioritizing statutory rulemakings.

Sec. 5303. Safety reporting system.

Sec. 5304. New entrant safety review program.

Sec. 5305. High risk carrier reviews.

Sec. 5306. Post-accident report review.

Sec. 5307. Implementing safety requirements.

 

Subtitle D -- Commercial Motor Vehicle Drivers

 

 

Sec. 5401. Opportunities for veterans.

Sec. 5402. Drug-free commercial drivers.

Sec. 5403. Medical certification of veterans for commercial driver’s licenses.

Sec. 5404. Commercial driver pilot program.

 

Subtitle E -- General Provisions

 

 

Sec. 5501. Delays in goods movement.

Sec. 5502. Emergency route working group.

Sec. 5503. Household goods consumer protection working group.

Sec. 5504. Technology improvements.

Sec. 5505. Notification regarding motor carrier registration.

Sec. 5506. Report on commercial driver’s license skills test delays.

Sec. 5507. Electronic logging device requirements.

Sec. 5508. Technical corrections.

Sec. 5509. Minimum financial responsibility.

Sec. 5510. Safety study regarding double-decker motor coaches.

Sec. 5511. GAO review of school bus safety.

Sec. 5512. Access to National Driver Register.

Sec. 5513. Report on design and implementation of wireless roadside inspection systems.

Sec. 5514. Regulation of tow truck operations.

Sec. 5515. Study on commercial motor vehicle driver commuting.

Sec. 5516. Additional State authority.

Sec. 5517. Report on motor carrier financial responsibility.

Sec. 5518. Covered farm vehicles.

Sec. 5519. Operators of hi-rail vehicles.

Sec. 5520. Automobile transporter.

Sec. 5521. Ready mix concrete delivery vehicles.

Sec. 5522. Transportation of construction materials and equipment.

Sec. 5523. Commercial delivery of light- and medium-duty trailers.

Sec. 5524. Exemptions from requirements for certain welding trucks used in pipeline industry.

Sec. 5525. Report.

Sec. 6001. Short title.

 

TITLE VI -- INNOVATION

 

 

Sec. 6002. Authorization of appropriations.

Sec. 6003. Technology and innovation deployment program.

Sec. 6004. Advanced transportation and congestion management technologies deployment.

Sec. 6005. Intelligent transportation system goals.

Sec. 6006. Intelligent transportation system purposes.

Sec. 6007. Intelligent transportation system program report.

Sec. 6008. Intelligent transportation system national architecture and standards.

Sec. 6009. Communication systems deployment report.

Sec. 6010. Infrastructure development.

Sec. 6011. Departmental research programs.

Sec. 6012. Research and Innovative Technology Administration.

Sec. 6013. Web-based training for emergency responders.

Sec. 6014. Hazardous materials research and development.

Sec. 6015. Office of Intermodalism.

Sec. 6016. University transportation centers.

Sec. 6017. Bureau of Transportation Statistics.

Sec. 6018. Port performance freight statistics program.

Sec. 6019. Research planning.

Sec. 6020. Surface transportation system funding alternatives.

Sec. 6021. Future interstate study.

Sec. 6022. Highway efficiency.

Sec. 6023. Transportation technology policy working group.

Sec. 6024. Collaboration and support.

Sec. 6025. GAO report.

Sec. 6026. Traffic congestion.

Sec. 6027. Smart cities transportation planning study.

Sec. 6028. Performance management data support program.

 

TITLE VII -- HAZARDOUS MATERIALS TRANSPORTATION

 

 

Sec. 7001. Short title.

 

Subtitle A -- Authorizations

 

 

Sec. 7101. Authorization of appropriations.

 

Subtitle B -- Hazardous Material Safety and Improvement

 

 

Sec. 7201. National emergency and disaster response.

Sec. 7202. Motor carrier safety permits.

Sec. 7203. Improving the effectiveness of planning and training grants.

Sec. 7204. Improving publication of special permits and approvals.

Sec. 7205. Enhanced reporting.

Sec. 7206. Wetlines.

Sec. 7207. GAO study on acceptance of classification examinations.

Sec. 7208. Hazardous materials endorsement exemption.

 

Subtitle C -- Safe Transportation of Flammable Liquids by Rail

 

 

Sec. 7301. Community safety grants.

Sec. 7302. Real-time emergency response information.

Sec. 7303. Emergency response.

Sec. 7304. Phase-out of all tank cars used to transport Class 3 flammable liquids.

Sec. 7305. Thermal blankets.

Sec. 7306. Minimum requirements for top fittings protection for class DOT–117R tank cars.

Sec. 7307. Rulemaking on oil spill response plans.

Sec. 7308. Modification reporting.

Sec. 7309. Report on crude oil characteristics research study.

Sec. 7310. Hazardous materials by rail liability study.

Sec. 7311. Study and testing of electronically controlled pneumatic brakes.

 

TITLE VIII -- MULTIMODAL FREIGHT TRANSPORTATION

 

 

Sec. 8001. Multimodal freight transportation.

 

TITLE IX -- NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

 

 

Sec. 9001. National Surface Transportation and Innovative Finance Bureau.

Sec. 9002. Council on Credit and Finance.

 

TITLE X -- SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

 

 

Sec. 10001. Allocations.

Sec. 10002. Recreational boating safety.

 

TITLE XI -- RAIL

 

 

Sec. 11001. Short title.

 

Subtitle A -- Authorizations

 

 

Sec. 11101. Authorization of grants to Amtrak.

Sec. 11102. Consolidated rail infrastructure and safety improvements.

Sec. 11103. Federal-State partnership for state of good repair.

Sec. 11104. Restoration and enhancement grants.

Sec. 11105. Authorization of appropriations for Amtrak Office of Inspector General.

Sec. 11106. Definitions.

Sec. 11201. Accounts.

 

Subtitle B -- Amtrak Reforms

 

 

Sec. 11202. Amtrak grant process.

Sec. 11203. 5-year business line and asset plans.

Sec. 11204. State-supported route committee.

Sec. 11205. Composition of Amtrak’s Board of Directors.

Sec. 11206. Route and service planning decisions.

Sec. 11207. Food and beverage reform.

Sec. 11208. Rolling stock purchases.

Sec. 11209. Local products and promotional events.

Sec. 11210. Amtrak pilot program for passengers transporting domesticated cats and dogs.

Sec. 11211. Right-of-way leveraging.

Sec. 11212. Station development.

Sec. 11213. Amtrak boarding procedures.

Sec. 11214. Amtrak debt.

Sec. 11215. Elimination of duplicative reporting.

 

Subtitle C -- Intercity Passenger Rail Policy

 

 

Sec. 11301. Consolidated rail infrastructure and safety improvements.

Sec. 11302. Federal-State partnership for state of good repair.

Sec. 11303. Restoration and enhancement grants.

Sec. 11304. Gulf Coast rail service working group.

Sec. 11305. Northeast Corridor Commission.

Sec. 11306. Northeast corridor planning.

Sec. 11307. Competition.

Sec. 11308. Performance-based proposals.

Sec. 11309. Large capital project requirements.

Sec. 11310. Small business participation study.

Sec. 11311. Shared-use study.

Sec. 11312. Northeast Corridor through-ticketing and procurement efficiencies.

Sec. 11313. Data and analysis.

Sec. 11314. Amtrak Inspector General.

Sec. 11315. Miscellaneous provisions.

Sec. 11316. Technical and conforming amendments.

 

Subtitle D -- Safety

 

 

Sec. 11401. Highway-rail grade crossing safety.

Sec. 11402. Private highway-rail grade crossings.

Sec. 11403. Study on use of locomotive horns at highway-rail grade crossings.

Sec. 11404. Positive train control at grade crossings effectiveness study.

Sec. 11405. Bridge inspection reports.

Sec. 11406. Speed limit action plans.

Sec. 11407. Alerters.

Sec. 11408. Signal protection.

Sec. 11409. Commuter rail track inspections.

Sec. 11410. Post-accident assessment.

Sec. 11411. Recording devices.

Sec. 11412. Railroad police officers.

Sec. 11413. Repair and replacement of damaged track inspection equipment.

Sec. 11414. Report on vertical track deflection.

Sec. 11415. Rail passenger liability.

 

Subtitle E -- Project Delivery

 

 

Sec. 11501. Short title.

Sec. 11502. Treatment of improvements to rail and transit under preservation requirements.

Sec. 11503. Efficient environmental reviews.

Sec. 11504. Railroad rights-of-way.

 

Subtitle F -- Financing

 

 

Sec. 11601. Short title; references.

Sec. 11602. Definitions.

Sec. 11603. Eligible applicants.

Sec. 11604. Eligible purposes.

Sec. 11605. Program administration.

Sec. 11606. Loan terms and repayment.

Sec. 11607. Credit risk premiums.

Sec. 11608. Master credit agreements.

Sec. 11609. Priorities and conditions.

Sec. 11610. Savings provisions.

Sec. 11611. Report on leveraging RRIF.

 

DIVISION B -- COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 2015

 

 

TITLE XXIV -- MOTOR VEHICLE SAFETY

 

 

Subtitle A -- Vehicle Safety

 

 

Sec. 24101. Authorization of appropriations.

Sec. 24102. Inspector general recommendations.

Sec. 24103. Improvements in availability of recall information.

Sec. 24104. Recall process.

Sec. 24105. Pilot grant program for state notification to consumers of motor vehicle recall status.

Sec. 24106. Recall obligations under bankruptcy.

Sec. 24107. Dealer requirement to check for open recall.

Sec. 24108. Extension of time period for remedy of tire defects.

Sec. 24109. Rental car safety.

Sec. 24110. Increase in civil penalties for violations of motor vehicle safety.

Sec. 24111. Electronic odometer disclosures.

Sec. 24112. Corporate responsibility for NHTSA reports.

Sec. 24113. Direct vehicle notification of recalls.

Sec. 24114. Unattended children warning.

Sec. 24115. Tire pressure monitoring system.

Sec. 24116. Information regarding components involved in recall.

 

Subtitle B -- Research And Development And Vehicle Electronics

 

 

Sec. 24201. Report on operations of the council for vehicle electronics, vehicle software, and emerging technologies.

Sec. 24202. Cooperation with foreign governments.

 

Subtitle C -- Miscellaneous Provisions

 

 

PART I -- DRIVER PRIVACY ACT OF 2015

 

 

Sec. 24301. Short title.

Sec. 24302. Limitations on data retrieval from vehicle event data recorders.

Sec. 24303. Vehicle event data recorder study.

 

PART II -- SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015

 

 

Sec. 24321. Short title.

Sec. 24322. Passenger motor vehicle information.

 

PART III -- TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015

 

 

Sec. 24331. Short title.

Sec. 24332. Tire fuel efficiency minimum performance standards.

Sec. 24333. Tire registration by independent sellers.

Sec. 24334. Tire identification study and report.

Sec. 24335. Tire recall database.

 

PART IV -- ALTERNATIVE FUEL VEHICLES

 

 

Sec. 24341. Regulatory parity for natural gas vehicles.

 

PART V -- MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT

 

 

Sec. 24351. Short title.

Sec. 24352. Motor vehicle safety whistleblower incentives and protections.

 

Subtitle D -- Additional Motor Vehicle Provisions

 

 

Sec. 24401. Required reporting of NHTSA agenda.

Sec. 24402. Application of remedies for defects and noncompliance.

Sec. 24403. Retention of safety records by manufacturers.

Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles to vehicles used for testing or evaluation.

Sec. 24405. Treatment of low-volume manufacturers.

Sec. 24406. Motor vehicle safety guidelines.

Sec. 24407. Improvement of data collection on child occupants in vehicle crashes.

 

DIVISION C -- FINANCE

 

 

TITLE XXXI -- HIGHWAY TRUST FUND AND RELATED TAXES

 

 

Subtitle A -- Extension of Trust Fund Expenditure Authority and Related Taxes

 

 

Sec. 31101. Extension of Highway Trust Fund expenditure authority.

Sec. 31102. Extension of highway-related taxes.

 

Subtitle B -- Additional Transfers to Highway Trust Fund

 

 

Sec. 31201. Further additional transfers to trust fund.

Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle safety penalties.

Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund.

 

TITLE XXXII -- OFFSETS

 

 

Subtitle A -- Tax Provisions

 

 

Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes.

Sec. 32102. Reform of rules relating to qualified tax collection contracts.

Sec. 32103. Special compliance personnel program.

Sec. 32104. Repeal of modification of automatic extension of return due date for certain employee benefit plans.

 

Subtitle B -- Fees and Receipts

 

 

Sec. 32201. Adjustment for inflation of fees for certain customs services.

Sec. 32202. Limitation on surplus funds of Federal reserve banks.

Sec. 32203. Dividends of Federal reserve banks.

Sec. 32204. Strategic Petroleum Reserve drawdown and sale.

Sec. 32205. Repeal.

 

Subtitle C -- Outlays

 

 

Sec. 32301. Interest on overpayment.

 

Subtitle D -- Budgetary Effects

 

 

Sec. 32401. Budgetary effects.

 

DIVISION D -- MISCELLANEOUS

 

 

TITLE XLI -- FEDERAL PERMITTING IMPROVEMENT

 

 

Sec. 41001. Definitions.

Sec. 41002. Federal Permitting Improvement Council.

Sec. 41003. Permitting process improvement.

Sec. 41004. Interstate compacts.

Sec. 41005. Coordination of required reviews.

Sec. 41006. Delegated State permitting programs.

Sec. 41007. Litigation, judicial review, and savings provision.

Sec. 41008. Reports.

Sec. 41009. Funding for governance, oversight, and processing of environmental re-views and permits.

Sec. 41010. Application.

Sec. 41011. GAO Report.

Sec. 41012. Savings provision.

Sec. 41013. Sunset.

Sec. 41014. Placement.

 

TITLE XLII -- ADDITIONAL PROVISIONS

 

 

Sec. 42001. GAO report on refunds to registered vendors of kerosene used in noncommercial aviation.

 

TITLE XLIII -- PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

 

 

Sec. 43001. Payments from Abandoned Mine Reclamation Fund.

 

DIVISION E -- EXPORT-IMPORT BANK OF THE UNITED STATES

 

 

Sec. 50001. Short title.

 

TITLE LI -- TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

 

 

Sec. 51001. Reduction in authorized amount of outstanding loans, guarantees, and insurance.

Sec. 51002. Increase in loss reserves.

Sec. 51003. Review of fraud controls.

Sec. 51004. Office of Ethics.

Sec. 51005. Chief Risk Officer.

Sec. 51006. Risk Management Committee.

Sec. 51007. Independent audit of bank portfolio.

Sec. 51008. Pilot program for reinsurance.

 

TITLE LII -- PROMOTION OF SMALL BUSINESS EXPORTS

 

 

Sec. 52001. Increase in small business lending requirements.

Sec. 52002. Report on programs for small- and medium-sized businesses.

 

TITLE LIII -- MODERNIZATION OF OPERATIONS

 

 

Sec. 53001. Electronic payments and documents.

Sec. 53002. Reauthorization of information technology updating.

 

TITLE LIV -- GENERAL PROVISIONS

 

 

Sec. 54001. Extension of authority.

Sec. 54002. Certain updated loan terms and amounts.

 

TITLE LV -- OTHER MATTERS

 

 

Sec. 55001. Prohibition on discrimination based on industry.

Sec. 55002. Negotiations to end export credit financing.

Sec. 55003. Study of financing for information and communications technology systems.

 

DIVISION F -- ENERGY SECURITY

 

 

Sec. 61001. Emergency preparedness for energy supply disruptions.

Sec. 61002. Resolving environmental and grid reliability conflicts.

Sec. 61003. Critical electric infrastructure security.

Sec. 61004. Strategic Transformer Reserve.

Sec. 61005. Energy security valuation.

 

DIVISION G -- FINANCIAL SERVICES

 

 

TITLE LXXI -- IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

 

 

Sec. 71001. Filing requirement for public filing prior to public offering.

Sec. 71002. Grace period for change of status of emerging growth companies.

Sec. 71003. Simplified disclosure requirements for emerging growth companies.

 

TITLE LXXII -- DISCLOSURE MODERNIZATION AND SIMPLIFICATION

 

 

Sec. 72001. Summary page for form 10–K.

Sec. 72002. Improvement of regulation S–K.

Sec. 72003. Study on modernization and simplification of regulation S–K.

 

TITLE LXXIII -- BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND COST SAVINGS

 

 

Sec. 73001. Technical corrections.

Sec. 73002. American Eagle Silver Bullion 30th Anniversary.

 

TITLE LXXIV -- SBIC ADVISERS RELIEF

 

 

Sec. 74001. Advisers of SBICs and venture capital funds.

Sec. 74002. Advisers of SBICs and private funds.

Sec. 74003. Relationship to State law.

 

TITLE LXXV -- ELIMINATE PRIVACY NOTICE CONFUSION

 

 

Sec. 75001. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act.

 

TITLE LXXVI -- REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

 

 

Sec. 76001. Exempted transactions.

 

TITLE LXXVII -- PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

 

 

Sec. 77001. Distributions and residual receipts.

Sec. 77002. Future refinancings.

Sec. 77003. Implementation.

 

TITLE LXXVIII -- TENANT INCOME VERIFICATION RELIEF

 

 

Sec. 78001. Reviews of family incomes.

 

TITLE LXXIX -- HOUSING ASSISTANCE EFFICIENCY

 

 

Sec. 79001. Authority to administer rental assistance.

Sec. 79002. Reallocation of funds.

 

TITLE LXXX -- CHILD SUPPORT ASSISTANCE

 

 

Sec. 80001. Requests for consumer reports by State or local child support enforcement agencies.

 

TITLE LXXXI -- PRIVATE INVESTMENT IN HOUSING

 

 

Sec. 81001. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units.

 

TITLE LXXXII -- CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

 

 

Sec. 82001. Privately insured credit unions authorized to become members of a Federal home loan bank.

Sec. 82002. GAO Report.

 

TITLE LXXXIII -- SMALL BANK EXAM CYCLE REFORM

 

 

Sec. 83001. Smaller institutions qualifying for 18-month examination cycle.

 

TITLE LXXXIV -- SMALL COMPANY SIMPLE REGISTRATION

 

 

Sec. 84001. Forward incorporation by reference for Form S–1.

 

TITLE LXXXV -- HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

 

 

Sec. 85001. Registration threshold for savings and loan holding companies.

 

TITLE LXXXVI -- REPEAL OF INDEMNIFICATION REQUIREMENTS

 

 

Sec. 86001. Repeal.

 

TITLE LXXXVII -- TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER INSTITUTIONS

 

 

Sec. 87001. Date for determining consolidated assets.

 

TITLE LXXXVIII -- STATE LICENSING EFFICIENCY

 

 

Sec. 88001. Short title.

Sec. 88002. Background checks.

 

TITLE LXXXIX -- HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

 

 

Sec. 89001. Short title.

Sec. 89002. Designation of rural area.

Sec. 89003. Operations in rural areas.

 

* * * * *

 

 

DIVISION C -- FINANCE

 

 

TITLE XXXI -- HIGHWAY TRUST FUND AND RELATED TAXES

 

 

Subtitle A -- Extension of Trust Fund Expenditure Authority and Related Taxes

 

 

SEC. 31101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.

 

(a) HIGHWAY TRUST FUND. -- Section 9503 of the Internal Revenue Code of 1986 is amended --

 

(1) by striking "December 5, 2015" in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting "October 1, 2020", and

(2) by striking "Surface Transportation Extension Act of 2015, Part II" in subsections (c)(1) and (e)(3) and inserting "FAST Act".

 

(b) SPORT FISH RESTORATION AND BOATING TRUST FUND. -- Section 9504 of such Code is amended --

 

(1) by striking "Surface Transportation Extension Act of 2015, Part II" each place it appears in subsection (b)(2) and inserting "FAST Act", and

(2) by striking "December 5, 2015" in subsection (d)(2) and inserting "October 1, 2020".

 

(c) LEAKING UNDERGROUND STORAGE TANK TRUST FUND. -- Section 9508(e)(2) of such Code is amended by striking "December 5, 2015" and inserting "October 1, 2020".

 

SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES.

 

(a) IN GENERAL. --

 

(1) Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking "September 30, 2016" and inserting "September 30, 2022":

 

(A) Section 4041(a)(1)(C)(iii)(I).

(B) Section 4041(m)(1)(B).

(C) Section 4081(d)(1).

 

(2) Each of the following provisions of such Code is amended by striking "October 1, 2016" and inserting "October 1, 2022":

 

(A) Section 4041(m)(1)(A).

(B) Section 4051(c).

(C) Section 4071(d).

(D) Section 4081(d)(3).

(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN HEAVY VEHICLES. -- Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking "2017" each place it appears and inserting "2023":

 

(1) Section 4481(f).

(2) Subsections (c)(4) and (d) of section 4482.

 

(c) FLOOR STOCKS REFUNDS. -- Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended --

 

(1) by striking "October 1, 2016" each place it appears and inserting "October 1, 2022";

(2) by striking "March 31, 2017" each place it appears and inserting "March 31, 2023"; and

(3) by striking "January 1, 2017" and inserting "January 1, 2023".

 

(d) EXTENSION OF CERTAIN EXEMPTIONS. --

 

(1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by striking "October 1, 2016" and inserting "October 1, 2022".

(2) Section 4483(i) of such Code is amended by striking "October 1, 2017" and inserting "October 1, 2023".

 

(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES. --

 

(1) IN GENERAL. -- Section 9503 of the Internal Revenue Code of 1986 is amended --

 

(A) in subsection (b) --

 

(i) by striking "October 1, 2016" each place it appears in paragraphs (1) and (2) and inserting "October 1, 2022";

(ii) by striking "OCTOBER 1, 2016" in the heading of paragraph (2) and inserting "OCTOBER 1, 2022";

(iii) by striking "September 30, 2016" in paragraph (2) and inserting "September 30, 2022"; and

(iv) by striking "July 1, 2017" in paragraph (2) and inserting "July 1, 2023"; and

 

(B) in subsection (c)(2), by striking "July 1, 2017" and inserting "July 1, 2023".

 

(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS. --

 

(A) IN GENERAL. -- Paragraphs (3)(A)(i) and (4)(A) of section 9503(c) of such Code are each amended by striking "October 1, 2016" and inserting "October 1, 2022".

(B) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION FUND. -- Section 200310 of title 54, United States Code, is amended --

 

(i) by striking "October 1, 2017" each place it appears and inserting "October 1, 2023"; and

(ii) by striking "October 1, 2016" and inserting "October 1, 2022".

(f) EFFECTIVE DATE. -- The amendments made by this section shall take effect on October 1, 2016.
Subtitle B -- Additional Transfers to Highway Trust Fund

 

 

SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (8) as paragraph (10) and inserting after paragraph (7) the following new paragraphs:

"(8) FURTHER TRANSFERS TO TRUST FUND. -- Out of money in the Treasury not otherwise appropriated, there is hereby appropriated --

 

"(A) $51,900,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and

"(B) $18,100,000,000 to the Mass Transit Account in the Highway Trust Fund.

 

"(9) ADDITIONAL INCREASE IN FUND BALANCE. -- There is hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under section 9508(c)(4).".
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR VEHICLE SAFETY PENALTIES.

 

(a) IN GENERAL. -- Paragraph (5) of section 9503(b) of the Internal Revenue Code of 1986 is amended --

 

(1) by striking "There are hereby" and inserting the following:

 

"(A) IN GENERAL. -- There are hereby", and

 

(2) by adding at the end the following new paragraph:

 

"(B) PENALTIES RELATED TO MOTOR VEHICLE SAFETY. --

 

"(i) IN GENERAL. -- There are hereby appropriated to the Highway Trust Fund amounts equivalent to covered motor vehicle safety penalty collections.

"(ii) COVERED MOTOR VEHICLE SAFETY PENALTY COLLECTIONS. -- For purposes of this subparagraph, the term 'covered motor vehicle safety penalty collections' means any amount collected in connection with a civil penalty under section 30165 of title 49, United States Code, reduced by any award authorized by the Secretary of Transportation to be paid to any person in connection with information provided by such person related to a violation of chapter 301 of such title which is a predicate to such civil penalty.".

(b) EFFECTIVE DATE. -- The amendments made by this section shall apply to amounts collected after the date of the enactment of this Act.

 

SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND.

 

(a) IN GENERAL. -- Subsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

 

"(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST FUND. -- Out of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated --

 

"(A) on the date of the enactment of the FAST Act, $100,000,000,

"(B) on October 1, 2016, $100,000,000, and

"(C) on October 1, 2017, $100,000,000, to be transferred under section 9503(f)(9) to the Highway Account (as defined in section 9503(e)(5)(B)) in the Highway Trust Fund.".

(b) CONFORMING AMENDMENT. -- Section 9508(c)(1) of the Internal Revenue Code of 1986 is amended by striking "paragraphs (2) and (3)" and inserting "paragraphs (2), (3), and (4)".
TITLE XXXII -- OFFSETS

 

 

Subtitle A -- Tax Provisions

 

 

SEC. 32101. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID TAXES.

 

(a) IN GENERAL. -- Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

 

"SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX DELINQUENCIES.

 

"(a) IN GENERAL. -- If the Secretary receives certification by the Commissioner of Internal Revenue that an individual has a seriously delinquent tax debt, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport pursuant to section 32101 of the FAST Act.

"(b) SERIOUSLY DELINQUENT TAX DEBT. --

 

"(1) IN GENERAL. -- For purposes of this section, the term 'seriously delinquent tax debt' means an unpaid, legally enforceable Federal tax liability of an individual --

 

"(A) which has been assessed,

"(B) which is greater than $50,000, and

"(C) with respect to which --

 

"(i) a notice of lien has been filed pursuant to section 6323 and the administrative rights under section 6320 with respect to such filing have been exhausted or have lapsed, or

"(ii) a levy is made pursuant to section 6331.

"(2) EXCEPTIONS. -- Such term shall not include --

 

"(A) a debt that is being paid in a timely manner pursuant to an agreement to which the individual is party under section 6159 or 7122, and

"(B) a debt with respect to which collection is suspended with respect to the individual --

 

"(i) because a due process hearing under section 6330 is requested or pending, or

"(ii) because an election under subsection (b) or (c) of section 6015 is made or relief under subsection (f) of such section is requested.

"(c) REVERSAL OF CERTIFICATION. --

 

"(1) IN GENERAL. -- In the case of an individual with respect to whom the Commissioner makes a certification under subsection (a), the Commissioner shall notify the Secretary (and the Secretary shall subsequently notify the Secretary of State) if such certification is found to be erroneous or if the debt with respect to such certification is fully satisfied or ceases to be a seriously delinquent tax debt by reason of subsection (b)(2).

"(2) TIMING OF NOTICE. --

 

"(A) FULL SATISFACTION OF DEBT. -- In the case of a debt that has been fully satisfied or has become legally unenforceable, such notification shall be made not later than the date required for issuing the certificate of release of lien with respect to such debt under section 6325(a).

"(B) INNOCENT SPOUSE RELIEF. -- In the case of an individual who makes an election under subsection (b) or (c) of section 6015, or requests relief under subsection (f) of such section, such notification shall be made not later than 30 days after any such election or request.

"(C) INSTALLMENT AGREEMENT OR OFFER-IN-COMPROMISE. -- In the case of an installment agreement under section 6159 or an offer-in-compromise under section 7122, such notification shall be made not later than 30 days after such agreement is entered into or such offer is accepted by the Secretary.

"(D) ERRONEOUS CERTIFICATION. -- In the case of a certification found to be erroneous, such notification shall be made as soon as practicable after such finding.

"(d) CONTEMPORANEOUS NOTICE TO INDIVIDUAL. -- The Commissioner shall contemporaneously notify an individual of any certification under subsection (a), or any reversal of certification under subsection (c), with respect to such individual. Such notice shall include a description in simple and nontechnical terms of the right to bring a civil action under subsection (e).

"(e) JUDICIAL REVIEW OF CERTIFICATION. --

 

"(1) IN GENERAL. -- After the Commissioner notifies an individual under subsection (d), the taxpayer may bring a civil action against the United States in a district court of the United States or the Tax Court to determine whether the certification was erroneous or whether the Commissioner has failed to reverse the certification.

"(2) DETERMINATION. -- If the court determines that such certification was erroneous, then the court may order the Secretary to notify the Secretary of State that such certification was erroneous.

 

"(f) ADJUSTMENT FOR INFLATION. -- In the case of a calendar year beginning after 2016, the dollar amount in subsection (a) shall be increased by an amount equal to --

 

"(1) such dollar amount, multiplied by

"(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting 'calendar year 2015' for 'calendar year 1992' in subparagraph (B) thereof.

 

If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.

"(g) DELEGATION OF CERTIFICATION. -- A certification under subsection (a) or reversal of certification under subsection (c) may only be delegated by the Commissioner of Internal Revenue to the Deputy Commissioner for Services and Enforcement, or the Commissioner of an operating division, of the Internal Revenue Service.".

(b) INFORMATION INCLUDED IN NOTICE OF LIEN AND LEVY. --

 

(1) NOTICE OF LIEN. -- Section 6320(a)(3) of such Code is amended by striking "and" at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting "; and", and by adding at the end the following new subparagraph:

 

"(E) the provisions of section 7345 relating to the certification of seriously delinquent tax debts and the denial, revocation, or limitation of passports of individuals with such debts pursuant to section 32101 of the FAST Act.".

 

(2) NOTICE OF LEVY. -- Section 6331(d)(4) of such Code is amended by striking "and" at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting ", and", and by adding at the end the following new subparagraph:

 

"(G) the provisions of section 7345 relating to the certification of seriously delinquent tax debts and the denial, revocation, or limitation of passports of individuals with such debts pursuant to section 32101 of the FAST Act.".
(c) AUTHORITY FOR INFORMATION SHARING. --

 

(1) IN GENERAL. -- Section 6103(k) of such Code is amended by adding at the end the following new paragraph:

"(11) DISCLOSURE OF RETURN INFORMATION TO DEPARTMENT OF STATE FOR PURPOSES OF PASSPORT REVOCATION UNDER SECTION 7345. --

 

"(A) IN GENERAL. -- The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to --

 

"(i) the taxpayer identity information with respect to such taxpayer, and

"(ii) the amount of such seriously delinquent tax debt.

 

"(B) RESTRICTION ON DISCLOSURE. -- Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 32101 of the FAST Act.".

 

(2) CONFORMING AMENDMENT. -- Paragraph (4) of section 6103(p) of such Code is amended by striking "or (10)" each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting ", (10), or (11)".

 

(d) TIME FOR CERTIFICATION OF SERIOUSLY DELINQUENT TAX DEBT POSTPONED BY REASON OF SERVICE IN COMBAT ZONE. -- Section 7508(a) of such Code is amended by striking the period at the end of paragraph (2) and inserting "; and" and by adding at the end the following new paragraph:

 

"(3) Any certification of a seriously delinquent tax debt under section 7345.".

 

(e) AUTHORITY TO DENY OR REVOKE PASSPORT. --

 

(1) DENIAL. --

 

(A) IN GENERAL. -- Except as provided under subparagraph (B), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State shall not issue a passport to any individual who has a seriously delinquent tax debt described in such section.

(B) EMERGENCY AND HUMANITARIAN SITUATIONS. -- Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in such subparagraph.

 

(2) REVOCATION. --

 

(A) IN GENERAL. -- The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A).

(B) LIMITATION FOR RETURN TO UNITED STATES. -- If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may --

 

(i) limit a previously issued passport only for return travel to the United States; or

(ii) issue a limited passport that only permits return travel to the United States.

(3) HOLD HARMLESS. -- The Secretary of the Treasury, the Secretary of State, and any of their designees shall not be liable to an individual for any action with respect to a certification by the Commissioner of Internal Revenue under section 7345 of the Internal Revenue Code of 1986.

 

(f) REVOCATION OR DENIAL OF PASSPORT IN CASE OF INDIVIDUAL WITHOUT SOCIAL SECURITY ACCOUNT NUMBER. --

 

(1) DENIAL. --

 

(A) IN GENERAL. -- Except as provided under subparagraph (B), upon receiving an application for a passport from an individual that either --

 

(i) does not include the social security account number issued to that individual, or

(ii) includes an incorrect or invalid social security number willfully, intentionally, negligently, or recklessly provided by such individual,

 

the Secretary of State is authorized to deny such application and is authorized to not issue a passport to the individual.

(B) EMERGENCY AND HUMANITARIAN SITUATIONS. -- Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A).

 

(2) REVOCATION. --

 

(A) IN GENERAL. -- The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A).

(B) LIMITATION FOR RETURN TO UNITED STATES. -- If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may --

 

(i) limit a previously issued passport only for return travel to the United States; or

(ii) issue a limited passport that only permits return travel to the United States.

(g) REMOVAL OF CERTIFICATION FROM RECORD WHEN DEBT CEASES TO BE SERIOUSLY DELINQUENT. -- If pursuant to subsection (c) or (e) of section 7345 of the Internal Revenue Code of 1986 the Secretary of State receives from the Secretary of the Treasury a notice that an individual ceases to have a seriously delinquent tax debt, the Secretary of State shall remove from the individual's record the certification with respect to such debt.

(h) CLERICAL AMENDMENT. -- The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

 

"Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.".

 

(i) EFFECTIVE DATE. -- The provisions of, and amendments made by, this section shall take effect on the date of the enactment of this Act.

 

SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLECTION CONTRACTS.

 

(a) REQUIREMENT TO COLLECT CERTAIN INACTIVE TAX RECEIVABLES UNDER QUALIFIED TAX COLLECTION CONTRACTS. -- Section 6306 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) through (f) as subsections (d) through (g), respectively, and by inserting after subsection (b) the following new subsection:

"(c) COLLECTION OF INACTIVE TAX RECEIVABLES. --

 

"(1) IN GENERAL. -- Notwithstanding any other provision of law, the Secretary shall enter into one or more qualified tax collection contracts for the collection of all outstanding inactive tax receivables.

"(2) INACTIVE TAX RECEIVABLES. -- For purposes of this section --

 

"(A) IN GENERAL. -- The term 'inactive tax receivable' means any tax receivable if --

 

"(i) at any time after assessment, the Internal Revenue Service removes such receivable from the active inventory for lack of resources or inability to locate the taxpayer,

"(ii) more than 1/3 of the period of the applicable statute of limitation has lapsed and such receivable has not been assigned for collection to any employee of the Internal Revenue Service, or

"(iii) in the case of a receivable which has been assigned for collection, more than 365 days have passed without interaction with the taxpayer or a third party for purposes of furthering the collection of such receivable.

 

"(B) TAX RECEIVABLE. -- The term 'tax receivable' means any outstanding assessment which the Internal Revenue Service includes in potentially collectible inventory.".
(b) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION UNDER QUALIFIED TAX COLLECTION CONTRACTS. -- Section 6306 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following new subsection:

"(d) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION UNDER QUALIFIED TAX COLLECTIONS CONTRACTS. -- A tax receivable shall not be eligible for collection pursuant to a qualified tax collection contract if such receivable --

 

"(1) is subject to a pending or active offer-in-compromise or installment agreement,

"(2) is classified as an innocent spouse case,

"(3) involves a taxpayer identified by the Secretary as being --

 

"(A) deceased,

"(B) under the age of 18,

"(C) in a designated combat zone, or

"(D) a victim of tax-related identity theft,

 

"(4) is currently under examination, litigation, criminal investigation, or levy, or

"(5) is currently subject to a proper exercise of a right of appeal under this title.".

 

(c) CONTRACTING PRIORITY. -- Section 6306 of the Internal Revenue Code of 1986, as amended by the preceding provisions of this section, is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection:

"(h) CONTRACTING PRIORITY. -- In contracting for the services of any person under this section, the Secretary shall utilize private collection contractors and debt collection centers on the schedule required under section 3711(g) of title 31, United States Code, including the technology and communications infrastructure established therein, to the extent such private collection contractors and debt collection centers are appropriate to carry out the purposes of this section.".

(d) DISCLOSURE OF RETURN INFORMATION. -- Section 6103(k) of the Internal Revenue Code of 1986, as amended by section 32101, is amended by adding at the end the following new paragraph:

 

"(12) QUALIFIED TAX COLLECTION CONTRACTORS. -- Persons providing services pursuant to a qualified tax collection contract under section 6306 may, if speaking to a person who has identified himself or herself as having the name of the taxpayer to which a tax receivable (within the meaning of such section) relates, identify themselves as contractors of the Internal Revenue Service and disclose the business name of the contractor, and the nature, subject, and reason for the contact. Disclosures under this paragraph shall be made only in such situations and under such conditions as have been approved by the Secretary.".

 

(e) TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS. -- Section 6306 of the Internal Revenue Code of 1986, as amended by the preceding provisions of this section, is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection:

"(i) TAXPAYERS IN PRESIDENTIALLY DECLARED DISASTER AREAS. -- The Secretary may prescribe procedures under which a taxpayer determined to be affected by a Federally declared disaster (as defined by section 165(i)(5)) may request --

 

"(1) relief from immediate collection measures by contractors under this section, and

"(2) a return of the inactive tax receivable to the inventory of the Internal Revenue Service to be collected by an employee thereof.".

 

(f) REPORT TO CONGRESS. --

 

(1) IN GENERAL. -- Section 6306 of the Internal Revenue Code of 1986, as amended by the preceding provisions of this section, is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection:

 

"(j) REPORT TO CONGRESS. -- Not later than 90 days after the last day of each fiscal year (beginning with the first such fiscal year ending after the date of the enactment of this subsection), the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report with respect to qualified tax collection contracts under this section which shall include --

 

"(1) annually, with respect to such fiscal year --

 

"(A) the total number and amount of tax receivables provided to each contractor for collection under this section,

"(B) the total amounts collected (and amounts of installment agreements entered into under subsection (b)(1)(B)) with respect to each contractor and the collection costs incurred (directly and indirectly) by the Internal Revenue Service with respect to such amounts,

"(C) the impact of such contracts on the total number and amount of unpaid assessments, and on the number and amount of assessments collected by Internal Revenue Service personnel after initial contact by a contractor,

"(D) the amount of fees retained by the Secretary under subsection (e) and a description of the use of such funds, and

"(E) a disclosure safeguard report in a form similar to that required under section 6103(p)(5), and

 

"(2) biannually (beginning with the second report submitted under this subsection) --

 

"(A) an independent evaluation of contractor performance, and

"(B) a measurement plan that includes a comparison of the best practices used by the private collectors to the collection techniques used by the Internal Revenue Service and mechanisms to identify and capture information on successful collection techniques used by the contractors that could be adopted by the Internal Revenue Service.".

 

(2) REPEAL OF EXISTING REPORTING REQUIREMENTS WITH RESPECT TO QUALIFIED TAX COLLECTION CONTRACTS. -- Section 881 of the American Jobs Creation Act of 2004 is amended by striking subsection (e).

 

(g) EFFECTIVE DATES. --

 

(1) IN GENERAL. -- The amendments made by subsections (a) and (b) shall apply to tax receivables identified by the Secretary after the date of the enactment of this Act.

(2) CONTRACTING PRIORITY. -- The Secretary shall begin entering into contracts and agreements as described in the amendment made by subsection (c) within 3 months after the date of the enactment of this Act.

(3) DISCLOSURES. -- The amendment made by subsection (d) shall apply to disclosures made after the date of the enactment of this Act.

(4) PROCEDURES; REPORT TO CONGRESS. -- The amendments made by subsections (e) and (f) shall take effect on the date of the enactment of this Act.

SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM.

 

(a) IN GENERAL. -- Subsection (e) of section 6306 of the Internal Revenue Code of 1986, as redesignated by section 52106, is amended by striking "for collection enforcement activities of the Internal Revenue Service" in paragraph (2) and inserting "to fund the special compliance personnel program account under section 6307".

(b) SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT. -- Subchapter A of chapter 64 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

 

"SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.

 

"(a) ESTABLISHMENT OF A SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT. -- The Secretary shall establish an account within the Department for carrying out a program consisting of the hiring, training, and employment of special compliance personnel, and shall transfer to such account from time to time amounts retained by the Secretary under section 6306(e)(2).

"(b) RESTRICTIONS. -- The program described in subsection (a) shall be subject to the following restrictions:

 

"(1) No funds shall be transferred to such account except as described in subsection (a).

"(2) No other funds from any other source shall be expended for special compliance personnel employed under such program, and no funds from such account shall be expended for the hiring of any personnel other than special compliance personnel.

"(3) Notwithstanding any other authority, the Secretary is prohibited from spending funds out of such account for any purpose other than for costs under such program associated with the employment of special compliance personnel and the retraining and reassignment of current noncollections personnel as special compliance personnel, and to reimburse the Internal Revenue Service or other government agencies for the cost of administering qualified tax collection contracts under section 6306.

 

"(c) REPORTING. -- Not later than March of each year, the Commissioner of Internal Revenue shall submit a report to the Committees on Finance and Appropriations of the Senate and the Committees on Ways and Means and Appropriations of the House of Representatives consisting of the following:

 

"(1) For the preceding fiscal year, all funds received in the account established under subsection (a), administrative and program costs for the program described in such subsection, the number of special compliance personnel hired and employed under the program, and the amount of revenue actually collected by such personnel.

"(2) For the current fiscal year, all actual and estimated funds received or to be received in the account, all actual and estimated administrative and program costs, the number of all actual and estimated special compliance personnel hired and employed under the program, and the actual and estimated revenue actually collected or to be collected by such personnel.

"(3) For the following fiscal year, an estimate of all funds to be received in the account, all estimated administrative and program costs, the estimated number of special compliance personnel hired and employed under the program, and the estimated revenue to be collected by such personnel.

 

"(d) DEFINITIONS. -- For purposes of this section --

 

"(1) SPECIAL COMPLIANCE PERSONNEL. -- The term 'special compliance personnel' means individuals employed by the Internal Revenue Service as field function collection officers or in a similar position, or employed to collect taxes using the automated collection system or an equivalent replacement system.

"(2) PROGRAM COSTS. -- The term 'program costs' means --

 

"(A) total salaries (including locality pay and bonuses), benefits, and employment taxes for special compliance personnel employed or trained under the program described in subsection (a), and

"(B) direct overhead costs, salaries, benefits, and employment taxes relating to support staff, rental payments, office equipment and furniture, travel, data processing services, vehicle costs, utilities, telecommunications, postage, printing and reproduction, supplies and materials, lands and structures, insurance claims, and indemnities for special compliance personnel hired and employed under this section.

 

For purposes of subparagraph (B), the cost of management and supervision of special compliance personnel shall be taken into account as direct overhead costs to the extent such costs, when included in total program costs under this paragraph, do not represent more than 10 percent of such total costs.".

 

(c) CLERICAL AMENDMENT. -- The table of sections for subchapter A of chapter 64 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6306 the following new item:

 

"Sec. 6307. Special compliance personnel program account.".

 

(d) EFFECTIVE DATE. -- The amendment made by subsection (a) shall apply to amounts collected and retained by the Secretary after the date of the enactment of this Act.

 

SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION OF RETURN DUE DATE FOR CERTAIN EMPLOYEE BENEFIT PLANS.

 

(a) IN GENERAL. -- Section 2006(b) of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 is amended by striking paragraph (3).

(b) EFFECTIVE DATE. -- The amendment made by this section shall apply to returns for taxable years beginning after December 31, 2015.

Subtitle B -- Fees and Receipts

 

 

SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUSTOMS SERVICES.

 

(a) IN GENERAL. -- Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the end the following:

"(l) ADJUSTMENT OF FEES FOR INFLATION. --

 

"(1) IN GENERAL. -- The Secretary of the Treasury shall adjust the fees established under subsection (a), and the limitations on such fees under paragraphs (2), (3), (5), (6), (8), and (9) of subsection (b), on April 1, 2016, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2014.

"(2) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT. -- In adjusting under paragraph (1) the amount of the fees established under subsection (a), and the limitations on such fees under paragraphs (2), (3), (5), (6), (8), and (9) of subsection (b), the Secretary --

 

"(A) shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and

"(B) may ignore any such increase of less than 1 percent.

 

"(3) CONSUMER PRICE INDEX DEFINED. -- For purposes of this subsection, the term 'Consumer Price Index' means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.".

 

(b) USE OF FEES. -- The fees collected as a result of the amendments made by this section shall be deposited in the Customs User Fee Account, shall be available for reimbursement of customs services and inspections costs, and shall be available only to the extent provided in appropriations Acts.

(c) CONFORMING AMENDMENTS. -- Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), as amended by subsections (a) and (b), is further amended --

 

(1) in subsection (a), in the matter preceding paragraph (1), by inserting "(subject to adjustment under subsection (l))" after "following fees"; and

(2) in subsection (b) --

 

(A) in paragraph (2), by inserting "(subject to adjustment under subsection (l))" after "in fees";

(B) in paragraph (3), by inserting "(subject to adjustment under subsection (l))" after "in fees";

(C) in paragraph (5)(A), by inserting "(subject to adjustment under subsection (l))" after "in fees";

(D) in paragraph (6), by inserting "(subject to adjustment under subsection (l))" after "in fees";

(E) in paragraph (8)(A) --

 

(i) in clause (i), by inserting "or (l)" after "subsection (a)(9)(B)"; and

(ii) in clause (ii), by inserting "(subject to adjustment under subsection (l))" after "$3"; and

 

(F) in paragraph (9) --

 

(i) in subparagraph (A) --

 

(I) in the matter preceding clause (i), by inserting "and subject to adjustment under subsection (l)" after "Tariff Act of 1930"; and

(II) in clause (ii)(I), by inserting "(subject to adjustment under subsection (l))" after "bill of lading"; and

 

(ii) in subparagraph (B)(i), by inserting "(subject to adjustment under subsection (l))" after "bill of lading".
SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE BANKS.

Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following:

"(3) LIMITATION ON SURPLUS FUNDS. --

 

"(A) IN GENERAL. -- The aggregate amount of the surplus funds of the Federal reserve banks may not exceed $10,000,000,000.

"(B) TRANSFER TO THE GENERAL FUND. -- Any amounts of the surplus funds of the Federal reserve banks that exceed, or would exceed, the limitation under subparagraph (A) shall be transferred to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury.".

SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS.

 

(a) IN GENERAL. -- Section 7(a)(1) of the Federal Reserve Act (12 15 U.S.C. 289(a)(1)) is amended --

 

(1) by amending subparagraph (A) to read as follows:

 

"(A) DIVIDEND AMOUNT. -- After all necessary expenses of a Federal reserve bank have been paid or provided for, the stockholders of the bank shall be entitled to receive an annual dividend on paid-in capital stock of --

 

"(i) in the case of a stockholder with total consolidated assets of more than $10,000,000,000, the smaller of --

 

"(I) the rate equal to the high yield of the 10-year Treasury note auctioned at the last auction held prior to the payment of such dividend; and

"(II) 6 percent; and

 

"(ii) in the case of a stockholder with total consolidated assets of $10,000,000,000 or less, 6 percent."; and
(2) by adding at the end the following:

 

"(C) INFLATION ADJUSTMENT. -- The Board of Governors of the Federal Reserve System shall annually adjust the dollar amounts of total consolidated assets specified under subparagraph (A) to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis.".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) shall take effect on January 1, 2016.

 

SEC. 32204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.

 

(a) DRAWDOWN AND SALE. --

 

(1) IN GENERAL. -- Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), except as provided in subsections (b) and (c), the Secretary of Energy shall drawdown and sell from the Strategic Petroleum Reserve --

 

(A) the quantity of barrels of crude oil that the Secretary of Energy determines to be appropriate to maximize the financial return to United States taxpayers for each of fiscal years 2016 and 2017;

(B) 16,000,000 barrels of crude oil during fiscal year 2023;

(C) 25,000,000 barrels of crude oil during fiscal year 2024; and

(D) 25,000,000 barrels of crude oil during fiscal year 2025.

 

(2) DEPOSIT OF AMOUNTS RECEIVED FROM SALE. -- Amounts received from a sale under paragraph (1) shall be deposited in the general fund of the Treasury during the fiscal year in which the sale occurs.

 

(b) EMERGENCY PROTECTION. -- The Secretary shall not draw down and sell crude oil under this section in quantities that would limit the authority to sell petroleum products under section 161(h) of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)) in the full quantity authorized by that subsection.

(c) INCREASE; LIMITATION. --

 

(1) INCREASE. -- The Secretary of Energy may increase the drawdown and sales under subparagraphs (A) through (I) of subsection (a)(1) as the Secretary of Energy determines to be appropriate to maximize the financial return to United States taxpayers.

(2) LIMITATION. -- The Secretary of Energy shall not drawdown or conduct sales of crude oil under this section after the date on which a total of $6,200,000,000 has been deposited in the general fund of the Treasury from sales authorized under this section.

SEC. 32205. REPEAL.

 

Effective as of November 2, 2015, the date of the enactment of the Bipartisan Budget Act of 2015 (Public Law 114-74), section 201 of such Act and the amendments made by such section are repealed, and the provisions of law amended by such section are hereby restored to appear as if such section had not been enacted into law.
Subtitle C -- Outlays

 

 

SEC. 32301. INTEREST ON OVERPAYMENT.

 

Section 111 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721) is amended --

 

(1) by striking subsections (h) and (i);

(2) by redesignating subsections (j) through (l) as subsections (h) through (j), respectively; and

(3) in subsection (h) (as so redesignated), by striking the fourth sentence.

Subtitle D -- Budgetary Effects

 

 

SEC. 32401. BUDGETARY EFFECTS.

 

The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
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