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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2337 Introduced in House (IH)]

  1st Session
                                H. R. 2337

  To amend the Internal Revenue Code of 1986 to provide for increased 
                         taxpayer protections.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 1995

Mrs. Johnson of Connecticut (for herself and Mr. Matsui) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to provide for increased 
                         taxpayer protections.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Taxpayer Bill of 
Rights 2''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.
    (c) Table of Contents.--

Sec. 1. Short title; amendment of 1986 Code; table of contents.
                       TITLE I--TAXPAYER ADVOCATE

Sec. 101. Establishment of position of Taxpayer Advocate within 
                            Internal Revenue Service.
Sec. 102. Expansion of authority to issue Taxpayer Assistance Orders.
      TITLE II--MODIFICATIONS TO INSTALLMENT AGREEMENT PROVISIONS

Sec. 201. Notification of reasons for termination of installment 
                            agreements.
Sec. 202. Administrative review of termination of installment 
                            agreement.
             TITLE III--ABATEMENT OF INTEREST AND PENALTIES

Sec. 301. Expansion of authority to abate interest.
Sec. 302. Review of IRS failure to abate interest.
Sec. 303. Extension of interest-free period for payment of tax after 
                            notice and demand.
Sec. 304. Abatement of penalty for failure to make required deposits of 
                            payroll taxes in certain cases.
                        TITLE IV--JOINT RETURNS

Sec. 401. Studies of joint return-related issues.
Sec. 402. Joint return may be made after separate returns without full 
                            payment of tax.
Sec. 403. Disclosure of collection activities.
                     TITLE V--COLLECTION ACTIVITIES

Sec. 501. Modifications to lien and levy provisions.
Sec. 502. Offers-in-compromise.
                     TITLE VI--INFORMATION RETURNS

Sec. 601. Civil damages for fraudulent filing of information returns.
Sec. 602. Requirement to conduct reasonable investigations of 
                            information returns.
             TITLE VII--AWARDING OF COSTS AND CERTAIN FEES

Sec. 701. United States must establish that position in proceeding was 
                            substantially justified.
Sec. 702. Increased limit on attorney fees.
Sec. 703. Failure to agree to extension not taken into account.
Sec. 704. Award of litigation costs permitted in declaratory judgment 
                            proceedings.
Sec. 705. Effective date.
TITLE VIII--MODIFICATION TO RECOVERY OF CIVIL DAMAGES FOR UNAUTHORIZED 
                           COLLECTION ACTIONS

Sec. 801. Increase in limit on recovery of civil damages for 
                            unauthorized collection actions.
Sec. 802. Court discretion to reduce award for litigation costs for 
                            failure to exhaust administrative remedies.
TITLE IX--MODIFICATIONS TO PENALTY FOR FAILURE TO COLLECT AND PAY OVER 
                                  TAX

Sec. 901. Preliminary notice requirement.
Sec. 902. Disclosure of certain information where more than 1 person 
                            liable for penalty for failure to collect 
                            and pay over tax.
Sec. 903. Right of contribution where more than 1 person liable for 
                            penalty for failure to collect and pay over 
                            tax.
Sec. 904. Volunteer board members of tax-exempt organizations exempt 
                            from penalty for failure to collect and pay 
                            over tax.
         TITLE X--MODIFICATIONS OF RULES RELATING TO SUMMONSES

Sec. 1001. Enrolled agents included as third-party recordkeepers.
Sec. 1002. Safeguards relating to designated summonses.
Sec. 1003. Annual report to Congress concerning designated summonses.
 TITLE XI--RELIEF FROM RETROACTIVE APPLICATION OF TREASURY DEPARTMENT 
                              REGULATIONS

Sec. 1101. Relief from retroactive application of Treasury Department 
                            regulations.
                  TITLE XII--MISCELLANEOUS PROVISIONS

Sec. 1201. Report on pilot program for appeal of enforcement actions.
Sec. 1202. Phone number of person providing payee statements required 
                            to be shown on such statement.
Sec. 1203. Required notice of certain payments.
Sec. 1204. Unauthorized enticement of information disclosure.
Sec. 1205. Annual reminders to taxpayers with outstanding delinquent 
                            accounts.
Sec. 1206. 5-year extension of authority for undercover operations.
Sec. 1207. Disclosure of Form 8300 information on cash transactions.
Sec. 1208. Disclosure of returns and return information to designee of 
                            taxpayer.
Sec. 1209. Study of netting of interest on overpayments and 
                            liabilities.
                       TITLE I--TAXPAYER ADVOCATE

SEC. 101. ESTABLISHMENT OF POSITION OF TAXPAYER ADVOCATE WITHIN 
              INTERNAL REVENUE SERVICE.

    (a) General Rule.--Section 7802 (relating to Commissioner of 
Internal Revenue; Assistant Commissioner (Employee Plans and Exempt 
Organizations)) is amended by adding at the end the following new 
subsection:
    ``(d) Office of Taxpayer Advocate.--
            ``(1) In general.--There is established in the Internal 
        Revenue Service an office to be known as the `Office of the 
        Taxpayer Advocate'. Such office shall be under the supervision 
        and direction of an official to be known as the `Taxpayer 
        Advocate' who shall be appointed by and report directly to the 
        Commissioner of Internal Revenue. The Taxpayer Advocate shall 
        be entitled to compensation at the same rate as the highest 
        level official reporting directly to the Deputy Commissioner of 
        the Internal Revenue Service.
            ``(2) Functions of office.--
                    ``(A) In general.--It shall be the function of the 
                Office of Taxpayer Advocate to--
                            ``(i) assist taxpayers in resolving 
                        problems with the Internal Revenue Service,
                            ``(ii) identify areas in which taxpayers 
                        have problems in dealings with the Internal 
                        Revenue Service,
                            ``(iii) to the extent possible, propose 
                        changes in the administrative practices of the 
                        Internal Revenue Service to mitigate problems 
                        identified under clause (ii), and
                            ``(iv) identify potential legislative 
                        changes which may be appropriate to mitigate 
                        such problems.
                    ``(B) Annual reports.--
                            ``(i) Objectives.--Not later than June 30 
                        of each calendar year after 1995, the Taxpayer 
                        Advocate shall report to the Committee on Ways 
                        and Means of the House of Representatives and 
                        the Committee on Finance of the Senate on the 
                        objectives of the Taxpayer Advocate for the 
                        fiscal year beginning in such calendar year. 
                        Any such report shall contain full and 
                        substantive analysis, in addition to 
                        statistical information.
                            ``(ii) Activities.--Not later than December 
                        31 of each calendar year after 1995, the 
                        Taxpayer Advocate shall report to the Committee 
                        on Ways and Means of the House of 
                        Representatives and the Committee on Finance of 
                        the Senate on the activities of the Taxpayer 
                        Advocate during the fiscal year ending during 
                        such calendar year. Any such report shall 
                        contain full and substantive analysis, in 
                        addition to statistical information, and 
                        shall--
                                    ``(I) identify the initiatives the 
                                Taxpayer Advocate has taken on 
                                improving taxpayer services and 
                                Internal Revenue Service 
                                responsiveness,
                                    ``(II) contain recommendations 
                                received from individuals with the 
                                authority to issue Taxpayer Assistance 
                                Orders under section 7811,
                                    ``(III) contain a summary of at 
                                least 20 of the most serious problems 
                                encountered by taxpayers, including a 
                                description of the nature of such 
                                problems,
                                    ``(IV) contain an inventory of the 
                                items described in subclauses (I), 
                                (II), and (III) for which action has 
                                been taken and the result of such 
                                action,
                                    ``(V) contain an inventory of the 
                                items described in subclauses (I), 
                                (II), and (III) for which action 
                                remains to be completed and the period 
                                during which each item has remained on 
                                such inventory,
                                    ``(VI) contain an inventory of the 
                                items described in subclauses (II) and 
                                (III) for which no action has been 
                                taken, the period during which each 
                                item has remained on such inventory, 
                                the reasons for the inaction, and 
                                identify any Internal Revenue Service 
                                official who is responsible for such 
                                inaction,
                                    ``(VII) identify any Taxpayer 
                                Assistance Order which was not honored 
                                by the Internal Revenue Service in a 
                                timely manner, as specified under 
                                section 7811(b),
                                    ``(VIII) contain recommendations 
                                for such administrative and legislative 
                                action as may be appropriate to resolve 
                                problems encountered by taxpayers,
                                    ``(IX) describe the extent to which 
                                regional problem resolution officers 
                                participate in the selection and 
                                evaluation of local problem resolution 
                                officers, and
                                    ``(X) include such other 
                                information as the Taxpayer Advocate 
                                may deem advisable.
                            ``(iii) Report to be submitted directly.--
                        Each report required under this subparagraph 
                        shall be provided directly to the Committees 
                        referred to in clauses (i) and (ii) without any 
                        prior review or comment from the Commissioner, 
                        the Secretary of the Treasury, any other 
                        officer or employee of the Department of the 
                        Treasury, or the Office of Management and 
                        Budget.
            ``(3) Responsibilities of commissioner.--The Commissioner 
        of Internal Revenue shall establish procedures requiring a 
        formal response to all recommendations submitted to the 
        Commissioner by the Taxpayer Advocate within 3 months after 
        submission to the Commissioner.''
    (b) Conforming Amendments.--
            (1) Section 7811 (relating to Taxpayer Assistance Orders) 
        is amended--
                    (A) by striking ``the Office of Ombudsman'' in 
                subsection (a) and inserting ``the Office of the 
                Taxpayer Advocate'', and
                    (B) by striking ``Ombudsman'' each place it appears 
                (including in the headings of subsections (e) and (f)) 
                and inserting ``Taxpayer Advocate''.
            (2) The heading for section 7802 is amended to read as 
        follows:

``SEC. 7802. COMMISSIONER OF INTERNAL REVENUE; ASSISTANT COMMISSIONERS; 
              TAXPAYER ADVOCATE.''

            (3) The table of sections for subchapter A of chapter 80 is 
        amended by striking the item relating to section 7802 and 
        inserting the following new item:

                              ``Sec. 7802. Commissioner of Internal 
                                        Revenue; Assistant 
                                        Commissioners; Taxpayer 
                                        Advocate.''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
SEC. 102. EXPANSION OF AUTHORITY TO ISSUE TAXPAYER ASSISTANCE ORDERS.

    (a) Terms of Orders.--Subsection (b) of section 7811 (relating to 
terms of Taxpayer Assistance Orders) is amended--
            (1) by inserting ``within a specified time period'' after 
        ``the Secretary'', and
            (2) by inserting ``take any action as permitted by law,'' 
        after ``cease any action,''.
    (b) Limitation on Authority To Modify or Rescind.--Section 7811(c) 
(relating to authority to modify or rescind) is amended to read as 
follows:
    ``(c) Authority To Modify or Rescind.--Any Taxpayer Assistance 
Order issued by the Taxpayer Advocate under this section may be 
modified or rescinded--
            ``(1) only by the Taxpayer Advocate, the Commissioner of 
        Internal Revenue, the Deputy Commissioner of Internal Revenue, 
        or a regional problem resolution officer, and
            ``(2) only if a written explanation of the reasons for the 
        modification or rescission is provided to the Taxpayer 
        Advocate.''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

      TITLE II--MODIFICATIONS TO INSTALLMENT AGREEMENT PROVISIONS

SEC. 201. NOTIFICATION OF REASONS FOR TERMINATION OF INSTALLMENT 
              AGREEMENTS.

    (a) Terminations.--Subsection (b) of section 6159 (relating to 
extent to which agreements remain in effect) is amended by adding at 
the end the following new paragraph:
            ``(5) Notice requirements.--The Secretary may not take any 
        action under paragraph (2), (3), or (4) unless--
                    ``(A) a notice of such action is provided to the 
                taxpayer not later than the day 30 days before the date 
                of such action, and
                    ``(B) such notice includes an explanation why the 
                Secretary intends to take such action.
        The preceding sentence shall not apply in any case in which the 
        Secretary believes that collection of any tax to which an 
        agreement under this section relates is in jeopardy.''
    (b) Conforming Amendment.--Paragraph (3) of section 6159(b) is 
amended to read as follows:
            ``(3) Subsequent change in financial conditions.--If the 
        Secretary makes a determination that the financial condition of 
        a taxpayer with whom the Secretary has entered into an 
        agreement under subsection (a) has significantly changed, the 
        Secretary may alter, modify, or terminate such agreement.''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date 6 months after the date of the enactment of this 
Act.

SEC. 202. ADMINISTRATIVE REVIEW OF TERMINATION OF INSTALLMENT 
              AGREEMENT.

    (a) General Rule.--Section 6159 (relating to agreements for payment 
of tax liability in installments) is amended by adding at the end the 
following new subsection:
    ``(c) Administrative Review.--The Secretary shall establish 
procedures for an independent administrative review of terminations of 
installment agreements under this section for taxpayers who request 
such a review.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 1996.

             TITLE III--ABATEMENT OF INTEREST AND PENALTIES

SEC. 301. EXPANSION OF AUTHORITY TO ABATE INTEREST.

    (a) General Rule.--Paragraph (1) of section 6404(e) (relating to 
abatement of interest in certain cases) is amended--
            (1) by inserting ``unreasonable'' before ``error'' each 
        place it appears in subparagraphs (A) and (B), and
            (2) by striking ``in performing a ministerial act'' each 
        place it appears and inserting ``in performing a ministerial or 
        managerial act''.
    (b) Clerical Amendment.--The subsection heading for subsection (e) 
of section 6404 is amended--
            (1) by striking ``Assessments'' and inserting 
        ``Abatement'', and
            (2) by inserting ``Unreasonable'' before ``Errors''.
    (c) Effective Date.--The amendments made by this section shall 
apply to interest accruing with respect to deficiencies or payments for 
taxable years beginning after the date of the enactment of this Act.

SEC. 302. REVIEW OF IRS FAILURE TO ABATE INTEREST.

    (a) In General.--Section 6404 is amended by adding at the end the 
following new subsection:
    ``(g) Review of Denial of Request for Abatement of Interest.--The 
Tax Court shall have jurisdiction over any action brought by a taxpayer 
who meets the requirements referred to in section 7430(c)(4)(A)(iii) to 
determine whether the Secretary's failure to abate interest under this 
section was an abuse of discretion if such action is brought within 6 
months after the date of the Secretary's final determination not to 
abate such interest.''
    (b) Effective Date.--The amendment made by this section shall apply 
to requests for abatement after the date of the enactment of this Act.
SEC. 303. EXTENSION OF INTEREST-FREE PERIOD FOR PAYMENT OF TAX AFTER 
              NOTICE AND DEMAND.

    (a) General Rule.--Paragraph (3) of section 6601(e) (relating to 
payments made within 10 days after notice and demand) is amended to 
read as follows:
            ``(3) Payments made within specified period after notice 
        and demand.--If notice and demand is made for payment of any 
        amount and if such amount is paid within 21 calendar days (10 
        business days if the amount for which such notice and demand is 
        made equals or exceeds $100,000) after the date of such notice 
        and demand, interest under this section on the amount so paid 
        shall not be imposed for the period after the date of such 
        notice and demand.''
    (b) Conforming Amendments.--
            (1) Subparagraph (A) of section 6601(e)(2) is amended by 
        striking ``10 days from the date of notice and demand 
        therefor'' and inserting ``21 calendar days from the date of 
        notice and demand therefor (10 business days if the amount for 
        which such notice and demand is made equals or exceeds 
        $100,000)''.
            (2) Paragraph (3) of section 6651(a) is amended by striking 
        ``10 days of the date of the notice and demand therefor'' and 
        inserting ``21 calendar days from the date of notice and demand 
        therefor (10 business days if the amount for which such notice 
        and demand is made equals or exceeds $100,000)''.
    (c) Effective Date.--The amendments made by this section shall 
apply in the case of any notice and demand given after June 30, 1996.

SEC. 304. ABATEMENT OF PENALTY FOR FAILURE TO MAKE REQUIRED DEPOSITS OF 
              PAYROLL TAXES IN CERTAIN CASES.

    (a) In General.--Section 6656 (relating to failure to make deposit 
of taxes) is amended by adding at the end the following new 
subsections:
    ``(c) Exception for First-Time Depositors of Employment Taxes.--The 
Secretary may waive the penalty imposed by subsection (a) on a person's 
inadvertent failure to deposit any employment tax if--
            ``(1) such person meets the requirements referred to in 
        section 7430(c)(4)(A)(iii),
            ``(2) such failure occurs during the 1st quarter that such 
        person was required to deposit any employment tax, and
            ``(3) the return of such tax was filed on or before the due 
        date.
For purposes of this subsection, the term `employment taxes' means the 
taxes imposed by subtitle C.
    ``(d) Authority To Abate Penalty Where Deposit Sent to Secretary.--
The Secretary may abate the penalty imposed by subsection (a) the first 
time a depositor inadvertently sends the amount required to be 
deposited to the Secretary instead of to the appropriate government 
depository.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to deposits required to be made after the date of the enactment 
of this Act.

                        TITLE IV--JOINT RETURNS

SEC. 401. STUDIES OF JOINT RETURN-RELATED ISSUES.

    The Secretary of the Treasury or his delegate and the Comptroller 
General of the United States shall each conduct separate studies of--
            (1) the effects of changing the liability for tax on a 
        joint return from being joint and several to being 
        proportionate to the tax attributable to each spouse,
            (2) the effects of providing that, if a divorce decree 
        allocates liability for tax on a joint return filed before the 
        divorce, the Secretary may collect such liability only in 
        accordance with the decree,
            (3) whether those provisions of the Internal Revenue Code 
        of 1986 intended to provide relief to innocent spouses provide 
        meaningful relief in all cases where such relief is 
        appropriate, and
            (4) the effect of providing that community income (as 
        defined in section 66(d) of such Code) which, in accordance 
        with the rules contained in section 879(a) of such Code, would 
        be treated as the income of one spouse is exempt from a levy 
        for failure to pay any tax imposed by subtitle A by the other 
        spouse for a taxable year ending before their marriage.
The reports of such studies shall be submitted to the Committee on Ways 
and Means of the House of Representatives and the Committee on Finance 
of the Senate within 6 months after the date of the enactment of this 
Act.

SEC. 402. JOINT RETURN MAY BE MADE AFTER SEPARATE RETURNS WITHOUT FULL 
              PAYMENT OF TAX.

    (a) General Rule.--Paragraph (2) of section 6013(b) (relating to 
limitations on filing of joint return after filing separate returns) is 
amended by striking subparagraph (A) and redesignating the following 
subparagraphs accordingly.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 403. DISCLOSURE OF COLLECTION ACTIVITIES.

    Subsection (e) of section 6103 (relating to disclosure to persons 
having material interest) is amended by adding at the end the following 
new paragraph:
            ``(8) Disclosure of collection activities with respect to 
        joint return.--If any deficiency of tax with respect to a joint 
        return is assessed and the individuals filing such return are 
        no longer married or no longer reside in the same household, 
        upon request in writing by either of such individuals, the 
        Secretary shall disclose in writing to the individual making 
        the request whether the Secretary has attempted to collect such 
        deficiency from such other individual, the general nature of 
        such collection activities, and the amount collected.''

                     TITLE V--COLLECTION ACTIVITIES

SEC. 501. MODIFICATIONS TO LIEN AND LEVY PROVISIONS.

    (a) Withdrawal of Certain Notices.--Section 6323 (relating to 
validity and priority against certain persons) is amended by adding at 
the end the following new subsection:
    ``(j) Withdrawal of Notice in Certain Circumstances.--
            ``(1) In general.--The Secretary may withdraw a notice of a 
        lien filed under this section and this chapter shall be applied 
        as if the withdrawn notice had not been filed, if the Secretary 
        determines that--
                    ``(A) the filing of such notice was premature or 
                otherwise not in accordance with administrative 
                procedures of the Secretary,
                    ``(B) the taxpayer has entered into an agreement 
                under section 6159 to satisfy the tax liability for 
                which the lien was imposed by
                 means of installment payments, unless such agreement 
provides otherwise,
                    ``(C) the withdrawal of such notice will facilitate 
                the collection of the tax liability, or
                    ``(D) with the consent of the taxpayer or the 
                Taxpayer Advocate, the withdrawal of such notice would 
                be in the best interests of the taxpayer (as determined 
                by the Taxpayer Advocate) and the United States.
        Any such withdrawal shall be made by filing notice at the same 
        office as the withdrawn notice. A copy of such notice of 
        withdrawal shall be provided to the taxpayer.
            ``(2) Notice to credit agencies, etc.--Upon written request 
        by the taxpayer with respect to whom a notice of a lien was 
        withdrawn under paragraph (1), the Secretary shall promptly 
        make reasonable efforts to notify credit reporting agencies, 
        and any financial institution or creditor whose name and 
        address is specified in such request, of the withdrawal of such 
        notice. Any such request shall be in such form as the Secretary 
        may prescribe.''
    (b) Return of Levied Property in Certain Cases.--Section 6343 
(relating to authority to release levy and return property) is amended 
by adding at the end the following new subsection:
    ``(d) Return of Property in Certain Cases.--If--
            ``(1) any property has been levied upon, and
            ``(2) the Secretary determines that--
                    ``(A) the levy on such property was premature or 
                otherwise not in accordance with administrative 
                procedures of the Secretary,
                    ``(B) the taxpayer has entered into an agreement 
                under section 6159 to satisfy the tax liability for 
                which the levy was imposed by means of installment 
                payments, unless such agreement provides otherwise,
                    ``(C) the return of such property will facilitate 
                the collection of the tax liability, or
                    ``(D) with the consent of the taxpayer or the 
                Taxpayer Advocate, the return of such property would be 
                in the best interests of the taxpayer (as determined by 
                the Taxpayer Advocate) and the United States,
the provisions of subsection (b) shall apply in the same manner as if 
such property had been wrongly levied upon, except that no interest 
shall be allowed under subsection (c).''
    (c) Modifications in Certain Levy Exemption Amounts.--
            (1) Fuel, etc.--Paragraph (2) of section 6334(a) (relating 
        to fuel, provisions, furniture, and personal effects exempt 
        from levy) is amended--
                    (A) by striking ``If the taxpayer is the head of a 
                family, so'' and inserting ``So'',
                    (B) by striking ``his household'' and inserting 
                ``the taxpayer's household'', and
                    (C) by striking ``$1,650 ($1,550 in the case of 
                levies issued during 1989)'' and inserting ``$2,500''.
            (2) Inflation adjustment.--Section 6334 (relating to 
        property exempt from levy) is amended by adding at the end the 
        following new subsection:
    ``(f) Inflation Adjustment.--
            ``(1) In general.--In the case of any calendar year 
        beginning after 1996, each dollar amount referred to in 
        paragraphs (2) and (3) of subsection (a) shall be increased by 
        an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for such calendar year, by 
                substituting `calendar year 1995' for `calendar year 
                1992' in subparagraph (B) thereof.
            ``(2) Rounding.--If any dollar amount after being increased 
        under paragraph (1) is not a multiple of $10, such dollar 
        amount shall be rounded to the nearest multiple of $10.''
            (3) Technical amendment.--Paragraph (3) of section 6334(a) 
        is amended by striking ``($1,050 in the case of levies issued 
        during 1989)''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act.
            (2) Exempt amounts.--The amendments made by subsection (c) 
        shall take effect with respect to levies issued after December 
        31, 1995.

SEC. 502. OFFERS-IN-COMPROMISE.

    (a) Review Requirements.--Subsection (b) of section 7122 (relating 
to records) is amended by striking ``$500.'' and inserting ``$100,000. 
However, such compromise shall be subject to continuing quality review 
by the Secretary.''
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

                     TITLE VI--INFORMATION RETURNS

SEC. 601. CIVIL DAMAGES FOR FRAUDULENT FILING OF INFORMATION RETURNS.

    (a) General Rule.--Subchapter B of chapter 76 (relating to 
proceedings by taxpayers and third parties) is amended by redesignating 
section 7434 as section 7435 and by inserting after section 7433 the 
following new section:

``SEC. 7434. CIVIL DAMAGES FOR FRAUDULENT FILING OF INFORMATION 
              RETURNS.

    ``(a) In General.--If any person willfully files a fraudulent 
information return with respect to payments purported to be made to any 
other person, such other person may bring a civil action for damages 
against the person so filing such return.
    ``(b) Damages.--In any action brought under subsection (a), upon a 
finding of liability on the part of the defendant, the defendant shall 
be liable to the plaintiff in an amount equal to the greater of $5,000 
or the sum of--
            ``(1) any actual damages sustained by the plaintiff as a 
        proximate result of the filing of the fraudulent information 
        return (including any costs attributable to resolving 
        deficiencies asserted as a result of such filing), and
            ``(2) the costs of the action.
    ``(c) Period for Bringing Action.--Notwithstanding any other 
provision of law, an action to enforce the liability created under this 
section may be brought without regard to the amount in controversy and 
may be brought only within the later of--
            ``(1) 6 years after the date of the filing of the 
        fraudulent information return, or
            ``(2) 1 year after the date such fraudulent information 
        return would have been discovered by exercise of reasonable 
        care.
    ``(d) Copy of Complaint Filed With IRS.--Any person bringing an 
action under subsection (a) shall provide a copy of the complaint to 
the Internal Revenue Service upon the filing of such complaint with the 
court.
    ``(e) Finding of Court To Include Correct Amount of Payment.--The 
judgment of the court in an action brought under subsection (a) shall 
include a finding of the correct amount which should have been reported 
in the information return.
    ``(f) Information Return.--For purposes of this section, the term 
`information return' means any statement described in section 
6724(d)(1)(A).''
    (b) Clerical Amendment.--The table of sections for subchapter B of 
chapter 76 is amended by striking the item relating to section 7434 and 
inserting the following:

                              ``Sec. 7434. Civil damages for fraudulent 
                                        filing of information returns.
                              ``Sec. 7435. Cross references.''
    (c) Effective Date.--The amendments made by this section shall 
apply to fraudulent information returns filed after the date of the 
enactment of this Act.

SEC. 602. REQUIREMENT TO CONDUCT REASONABLE INVESTIGATIONS OF 
              INFORMATION RETURNS.

    (a) General Rule.--Section 6201 (relating to assessment authority) 
is amended by redesignating subsection (d) as subsection (e) and by 
inserting after subsection (c) the following new subsection:
    ``(d) Required Reasonable Verification of Information Returns.--In 
any court proceeding, if a taxpayer asserts a reasonable dispute with 
respect to any item of income reported on an information return filed 
with the Secretary under subpart B or C of part III of subchapter A of 
chapter 61 by a third party and the taxpayer has fully cooperated with 
the Secretary (including providing, within a reasonable period of time, 
access to and inspection of all witnesses, information, and documents 
within the control of the taxpayer as reasonably requested by the 
Secretary), the Secretary shall have the burden of producing reasonable 
and probative information concerning such deficiency in addition to 
such information return.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

             TITLE VII--AWARDING OF COSTS AND CERTAIN FEES

SEC. 701. UNITED STATES MUST ESTABLISH THAT ITS POSITION IN PROCEEDING 
              WAS SUBSTANTIALLY JUSTIFIED.

    (a) General Rule.--Subparagraph (A) of section 7430(c)(4) (defining 
prevailing party) is amended by striking clause (i) and by 
redesignating clauses (ii) and (iii) as clauses (i) and (ii), 
respectively.
    (b) Burden of Proof on United States.--Paragraph (4) of section 
7430(c) is amended by redesignating subparagraph (B) as subparagraph 
(C) and by inserting after subparagraph (A) the following new 
subparagraph:
                    ``(B) Exception if united states establishes that 
                its position was substantially justified.--
                            ``(i) General rule.--A party shall not be 
                        treated as the prevailing party in a proceeding 
                        to which subsection (a) applies if the United 
                        States establishes that the position of the 
                        United States in the proceeding was 
                        substantially justified.
                            ``(ii) Presumption of no justification if 
                        internal revenue service didn't follow certain 
                        published guidance.--For purposes of clause 
                        (i), the position of the United States shall be 
                        presumed not to be substantially justified if 
                        the Internal Revenue Service did not follow its 
                        applicable published guidance in the 
                        administrative proceeding. Such presumption may 
                        be rebutted.
                            ``(iii) Applicable published guidance.--For 
                        purposes of clause (ii), the term `applicable 
                        published guidance' means--
                                    ``(I) regulations, revenue rulings, 
                                revenue procedures, information 
                                releases, notices, and announcements, 
                                and
                                    ``(II) any of the following which 
                                are issued to the taxpayer: private 
                                letter rulings, technical advice 
                                memoranda, and determination letters.''
    (c) Conforming Amendments.--
            (1) Subparagraph (B) of section 7430(c)(2) is amended by 
        striking ``paragraph (4)(B)'' and inserting ``paragraph 
        (4)(C)''.
            (2) Subparagraph (C) of section 7430(c)(4), as redesignated 
        by subsection (b), is amended by striking ``subparagraph (A)'' 
        and inserting ``this paragraph''.
            (3) Sections 6404(g) and 6656(c)(1), as amended by this 
        Act, are each amended by striking ``section 
        7430(c)(4)(A)(iii)'' and inserting ``section 
        7430(c)(4)(A)(ii)''.

SEC. 702. INCREASED LIMIT ON ATTORNEY FEES.

    Paragraph (1) of section 7430(c) (defining reasonable litigation 
costs) is amended--
            (1) by striking ``$75'' in clause (iii) of subparagraph (B) 
        and inserting ``$110'',
            (2) by striking ``an increase in the cost of living or'' in 
        clause (iii) of subparagraph (B), and
            (3) by adding after clause (iii) the following:
        ``In the case of any calendar year beginning after 1996, the 
        dollar amount referred to in clause (iii) shall be increased by 
        an amount equal to such dollar amount multiplied by the cost-
        of-living adjustment determined under section 1(f)(3) for such 
        calendar year, by substituting `calendar year 1995' for 
        `calendar year 1992' in subparagraph (B) thereof. If any dollar 
        amount after being increased under the preceding sentence is 
        not a multiple of $10, such dollar amount shall be rounded to 
        the nearest multiple of $10.''

SEC. 703. FAILURE TO AGREE TO EXTENSION NOT TAKEN INTO ACCOUNT.

    Paragraph (1) of section 7430(b) (relating to requirement that 
administrative remedies be exhausted) is amended by adding at the end 
the following new sentence: ``Any failure to agree to an extension of 
the time for the assessment of any tax shall not be taken into account 
for purposes of determining whether the prevailing party meets the 
requirements of the preceding sentence.''

SEC. 704. AWARD OF LITIGATION COSTS PERMITTED IN DECLARATORY JUDGMENT 
              PROCEEDINGS.

    Subsection (b) of section 7430 is amended by striking paragraph (3) 
and by redesignating paragraph (4) as paragraph (3).

SEC. 705. EFFECTIVE DATE.

    The amendments made by this title shall apply in the case of 
proceedings commenced after the date of the enactment of this Act.

TITLE VIII--MODIFICATION TO RECOVERY OF CIVIL DAMAGES FOR UNAUTHORIZED 
                           COLLECTION ACTIONS

SEC. 801. INCREASE IN LIMIT ON RECOVERY OF CIVIL DAMAGES FOR 
              UNAUTHORIZED COLLECTION ACTIONS.

    (a) General Rule.--Subsection (b) of section 7433 (relating to 
damages) is amended by striking ``$100,000'' and inserting 
``$1,000,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to actions by officers or employees of the Internal Revenue 
Service after the date of the enactment of this Act.

SEC. 802. COURT DISCRETION TO REDUCE AWARD FOR LITIGATION COSTS FOR 
              FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES.

    (a) General Rule.--Paragraph (1) of section 7433(d) (relating to 
civil damages for certain unauthorized collection actions) is amended 
to read as follows:
            ``(1) Award for damages may be reduced if administrative 
        remedies not exhausted.--
         The amount of damages awarded under subsection (b) may be 
reduced if the court determines that the plaintiff has not exhausted 
the administrative remedies available to such plaintiff within the 
Internal Revenue Service.''
    (b) Effective Date.--The amendment made by this section shall apply 
in the case of proceedings commenced after the date of the enactment of 
this Act.

TITLE IX--MODIFICATIONS TO PENALTY FOR FAILURE TO COLLECT AND PAY OVER 
                                  TAX

SEC. 901. PRELIMINARY NOTICE REQUIREMENT.

    (a) In General.--Section 6672 (relating to failure to collect and 
pay over tax, or attempt to evade or defeat tax) is amended by 
redesignating subsection (b) as subsection (c) and by inserting after 
subsection (a) the following new subsection:
    ``(b) Preliminary Notice Requirement.--
            ``(1) In general.--No penalty shall be imposed under 
        subsection (a) unless the Secretary notifies the taxpayer in 
        writing by mail to an address as determined under section 
        6212(b) that the taxpayer shall be subject to an assessment of 
        such penalty.
            ``(2) Timing of notice.--The mailing of the notice 
        described in paragraph (1) shall precede any notice and demand 
        of any penalty under subsection (a) by at least 60 days.
            ``(3) Statute of limitations.--If a notice described in 
        paragraph (1) with respect to any penalty is mailed before the 
        expiration of the period provided by section 6501 for the 
        assessment of such penalty (determined without regard to this 
        paragraph), the period provided by such section for the 
        assessment of such penalty shall not expire before the later 
        of--
                    ``(A) the date 90 days after the date on which such 
                notice was mailed, or
                    ``(B) if there is a timely protest of the proposed 
                assessment, the date 30 days after the Secretary makes 
                a final administrative determination with respect to 
                such protest.
            ``(4) Exception for jeopardy.--This subsection shall not 
        apply if the Secretary finds that the collection of the penalty 
        is in jeopardy.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to proposed assessments made after June 30, 1996.

SEC. 902. DISCLOSURE OF CERTAIN INFORMATION WHERE MORE THAN 1 PERSON 
              LIABLE FOR PENALTY FOR FAILURE TO COLLECT AND PAY OVER 
              TAX.

    (a) In General.--Subsection (e) of section 6103 (relating to 
disclosure to persons having material interest), as amended by section 
403, is amended by adding at the end the following new paragraph:
            ``(9) Disclosure of certain information where more than 1 
        person subject to penalty under section 6672.--If the Secretary 
        determines that a person is liable for a penalty under section 
        6672(a) with respect to any failure, upon request in writing of 
        such person, the Secretary shall disclose in writing to such 
        person--
                    ``(A) the name of any other person whom the 
                Secretary has determined to be liable for such penalty 
                with respect to such failure, and
                    ``(B) whether the Secretary has attempted to 
                collect such penalty from such other person, the 
                general nature of such collection activities, and the 
                amount collected.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 903. RIGHT OF CONTRIBUTION WHERE MORE THAN 1 PERSON LIABLE FOR 
              PENALTY FOR FAILURE TO COLLECT AND PAY OVER TAX.

    (a) In General.--Section 6672 (relating to failure to collect and 
pay over tax, or attempt to evade or defeat tax) is amended by adding 
at the end the following new subsection:
    ``(d) Right of Contribution Where More Than 1 Person Liable for 
Penalty.--If more than 1 person is liable for the penalty under 
subsection (a) with respect to any tax, each person who paid such 
penalty shall be entitled to recover from other persons who are liable 
for such penalty an amount equal to the excess of the amount paid by 
such person over such person's proportionate share of the penalty. Any 
claim for such a recovery may be made only in a separate action 
involving such persons.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to penalties assessed after the date of the enactment of this 
Act.

SEC. 904. VOLUNTEER BOARD MEMBERS OF TAX-EXEMPT ORGANIZATIONS EXEMPT 
              FROM PENALTY FOR FAILURE TO COLLECT AND PAY OVER TAX.

    (a) In General.--Section 6672 is amended by adding at the end the 
following new subsection:
    ``(e) Exception for Voluntary Board Members of Tax-Exempt 
Organizations.--No penalty shall be imposed by subsection (a) on any 
unpaid, volunteer member of any board of trustees or directors of an 
organization exempt from tax under subtitle A if such member--
            ``(1) is solely serving in an honorary capacity,
            ``(2) does not participate in the day-to-day or financial 
        operations of the organization, and
            ``(3) does not have actual knowledge of the failure on 
        which such penalty is imposed.
The preceding sentence shall not apply if it results in no person being 
liable for the penalty imposed by subsection (a).''
    (b) Public Information Requirements.--
            (1) In general.--The Secretary of the Treasury or the 
        Secretary's delegate (hereafter in this subsection referred to 
        as the ``Secretary'') shall take such actions as may be 
        appropriate to ensure that employees are aware of their 
        responsibilities under the Federal tax depository system, the 
        circumstances under which employees may be liable for the 
        penalty imposed by section 6672 of the Internal Revenue Code of 
        1986, and the responsibility to promptly report to the Internal 
        Revenue Service any failure referred to in subsection (a) of 
        such section 6672. Such actions shall include--
                    (A) printing of a warning on deposit coupon 
                booklets and the appropriate tax returns that certain 
                employees may be liable for the penalty imposed by such 
                section 6672, and
                    (B) the development of a special information 
                packet.
            (2) Development of explanatory materials.--The Secretary 
        shall develop materials explaining the circumstances under 
        which board members of tax-exempt organizations (including 
        voluntary and honorary members) may be subject to penalty under 
        section 6672 of such Code. Such materials shall be made 
        available to tax-exempt organizations.
            (3) IRS instructions.--The Secretary shall clarify the 
        instructions to Internal Revenue Service employees on the 
        application of the penalty under section 6672 of such Code with 
        regard to voluntary members of boards of trustees or directors 
        of tax- exempt organizations.

         TITLE X--MODIFICATIONS OF RULES RELATING TO SUMMONSES

SEC. 1001. ENROLLED AGENTS INCLUDED AS THIRD-PARTY RECORDKEEPERS.

    (a) In General.--Paragraph (3) of section 7609(a) (relating to 
third-party recordkeeper defined) is amended by striking ``and'' at the 
end of subparagraph (G), by striking the period at the end of 
subparagraph (H) and inserting ``; and'', and by adding at the end the 
following the subparagraph:
                    ``(I) any enrolled agent.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to summonses issued after the date of the enactment of this Act.

SEC. 1002. SAFEGUARDS RELATING TO DESIGNATED SUMMONSES.

    (a) Standard of Review.--Subparagraph (A) of section 6503(j)(2) 
(defining designated summons) is amended by redesignating clauses (i) 
and (ii) as clauses (ii) and (iii), respectively, and by inserting 
before clause (ii) (as so redesignated) the following new clause:
                            ``(i) the issuance of such summons is 
                        preceded by a review of such issuance by the 
                        regional counsel of the Office of Chief Counsel 
                        for the region in which the examination of the 
                        corporation is being conducted,''.
    (b) Limitation on Persons To Whom Designated Summons May Be 
Issued.--Paragraph (1) of section 6503(j) is amended by striking ``with 
respect to any return of tax by a corporation'' and inserting ``to a 
corporation (or to any other person to whom the corporation has 
transferred records) with respect to any return of tax by such 
corporation for a taxable year (or other period) for which such 
corporation is being examined under the coordinated examination program 
(or any successor program) of the Internal Revenue Service''.
    (c) Effective Date.--The amendments made by this section shall 
apply to summonses issued after the date of the enactment of this Act.

SEC. 1003. ANNUAL REPORT TO CONGRESS CONCERNING DESIGNATED SUMMONSES.

    Not later than December 31 of each calendar year after 1995, the 
Secretary of the Treasury or his delegate shall report to the Committee 
on Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate on the number of designated summonses (as defined 
in section 6503(j) of the Internal Revenue Code
 of 1986) which were issued during the preceding 12 months.

 TITLE XI--RELIEF FROM RETROACTIVE APPLICATION OF TREASURY DEPARTMENT 
                              REGULATIONS

SEC. 1101. RELIEF FROM RETROACTIVE APPLICATION OF TREASURY DEPARTMENT 
              REGULATIONS.

    (a) In General.--Subsection (b) of section 7805 (relating to rules 
and regulations) is amended to read as follows:
    ``(b) Retroactivity of Regulations.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, no temporary, proposed, or final regulation 
        relating to the internal revenue laws shall apply to any 
        taxable period ending before the earliest of the following 
        dates:
                    ``(A) The date on which such regulation is filed 
                with the Federal Register.
                    ``(B) In the case of any final regulation, the date 
                on which any proposed or temporary regulation to which 
                such final regulation relates was filed with the 
                Federal Register.
                    ``(C) The date on which any notice substantially 
                describing the expected contents of any temporary, 
                proposed, or final regulation is issued to the public.
            ``(2) Exception for promptly issued regulations.--Paragraph 
        (1) shall not apply to regulations issued within 12 months of 
        the date of the enactment of the statutory provision to which 
        the regulation relates.
            ``(3) Prevention of abuse.--The Secretary may provide that 
        any regulation may take effect or apply retroactively to 
        prevent abuse.
            ``(4) Correction of procedural defects.--The Secretary may 
        provide that any regulation may apply retroactively to correct 
        a procedural defect in the issuance of any prior regulation.
            ``(5) Internal regulations.--The limitation of paragraph 
        (1) shall not apply to any regulation relating to internal 
        Treasury Department policies, practices, or procedures.
            ``(6) Congressional authorization.--The limitation of 
        paragraph (1) may be superseded by a legislative grant from 
        Congress authorizing the Secretary to prescribe the effective 
        date with respect to any regulation.
            ``(7) Election to apply retroactively.--Paragraph (1) shall 
        not apply to any regulation which the taxpayer elects to apply 
        before the dates specified in paragraph (1) but only if such 
        election applies to all regulations which were issued with such 
        regulation under the statutory provision to which such 
        regulation relates.
            ``(8) Application to rulings.--The Secretary may prescribe 
        the extent, if any, to which any ruling (including any judicial 
        decision or any administrative determination other than by 
        regulation) relating to the internal revenue laws shall be 
        applied without retroactive effect.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to regulations which relate to statutory provisions 
enacted on or after the date of the enactment of this Act.

                  TITLE XII--MISCELLANEOUS PROVISIONS

SEC. 1201. REPORT ON PILOT PROGRAM FOR APPEAL OF ENFORCEMENT ACTIONS.

    Not later than March 1, 1996, the Secretary of the Treasury or his 
delegate shall submit to the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the Senate a report 
on the pilot program for appeals of enforcement actions (including 
lien, levy, and seizure actions) to the Appeals Division of the 
Internal Revenue Service, together with such recommendations as he may 
deem advisable.

SEC. 1202. PHONE NUMBER OF PERSON PROVIDING PAYEE STATEMENTS REQUIRED 
              TO BE SHOWN ON SUCH STATEMENT.

    (a) General Rule.--The following provisions are each amended by 
striking ``name and address'' and inserting ``name, address, and phone 
number of the information contact'':
            (1) Section 6041(d)(1).
            (2) Section 6041A(e)(1).
            (3) Section 6042(c)(1).
            (4) Section 6044(e)(1).
            (5) Section 6045(b)(1).
            (6) Section 6049(c)(1)(A).
            (7) Section 6050B(b)(1).
            (8) Section 6050H(d)(1).
            (9) Section 6050I(e)(1).
            (10) Section 6050J(e).
            (11) Section 6050K(b)(1).
            (12) Section 6050N(b)(1).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to statements required to be furnished after December 31, 1996 
(determined without regard to any extension).
SEC. 1203. REQUIRED NOTICE OF CERTAIN PAYMENTS.

    If any payment is received by the Secretary of the Treasury or his 
delegate from any taxpayer and the Secretary cannot associate such 
payment with such taxpayer, the Secretary shall make reasonable efforts 
to notify the taxpayer of such inability within 60 days after the 
receipt of such payment.
SEC. 1204. UNAUTHORIZED ENTICEMENT OF INFORMATION DISCLOSURE.

    (a) In General.--Subchapter B of chapter 76 (relating to 
proceedings by taxpayers and third parties), as amended by section 
601(a), is amended by redesignating section 7435 as section 7436 and by 
inserting after section 7434 the following new section:

``SEC. 7435. CIVIL DAMAGES FOR UNAUTHORIZED ENTICEMENT OF INFORMATION 
              DISCLOSURE.

    ``(a) In General.--If any officer or employee of the United States 
intentionally compromises the determination or collection of any tax 
due from an attorney, certified public accountant, or enrolled agent 
representing a taxpayer in exchange for information conveyed by the 
taxpayer to the attorney, certified public accountant, or enrolled 
agent for purposes of obtaining advice concerning the taxpayer's tax 
liability, such taxpayer may bring a civil action for damages against 
the United States in a district court of the United States. Such civil 
action shall be the exclusive remedy for recovering damages resulting 
from such actions.
    ``(b) Damages.--In any action brought under subsection (a), upon a 
finding of liability on the part of the defendant, the defendant shall 
be liable to the plaintiff in an amount equal to the lesser of $500,000 
or the sum of--
            ``(1) actual, direct economic damages sustained by the 
        plaintiff as a proximate result of the information disclosure, 
        and
            ``(2) the costs of the action.
Damages shall not include the taxpayer's liability for any civil or 
criminal penalties, or other losses attributable to incarceration or 
the imposition of other criminal sanctions.
    ``(c) Payment Authority.--Claims pursuant to this section shall be 
payable out of funds appropriated under section 1304 of title 31, 
United States Code.
    ``(d) Period for Bringing Action.--Notwithstanding any other 
provision of law, an action to enforce liability created under this 
section may be brought without regard to the amount in controversy and 
may be brought only within 2 years after the date the actions creating 
such liability would have been discovered by exercise of reasonable 
care.
    ``(e) Mandatory Stay.--Upon a certification by the Commissioner or 
the Commissioner's delegate that there is an ongoing investigation or 
prosecution of the taxpayer, the district court before which an action 
under this section is pending, shall stay all proceedings with respect 
to such action pending the conclusion of the investigation or 
prosecution.
    ``(f) Crime-Fraud Exception.--Subsection (a) shall not apply to 
information conveyed to an attorney, certified public accountant, or 
enrolled agent for the purpose of perpetrating a fraud or crime.''
    (b) Clerical Amendment.--The table of sections for subchapter B of 
chapter 76, as amended by section 601(b), is amended by striking the 
item relating to section 7435 and by adding at the end the following 
new items:

                              ``Sec. 7435. Civil damages for 
                                        unauthorized enticement of 
                                        information disclosure.
                              ``Sec. 7436. Cross references.''
    (c) Effective Date.--The amendments made by this section shall 
apply to actions after the date of the enactment of this Act.

SEC. 1205. ANNUAL REMINDERS TO TAXPAYERS WITH OUTSTANDING DELINQUENT 
              ACCOUNTS.

    (a) In General.--Chapter 77 (relating to miscellaneous provisions) 
is amended by adding at the end the following new section:

``SEC. 7524. ANNUAL NOTICE OF TAX DELINQUENCY.

    ``Not less often than annually, the Secretary shall send a written 
notice to each taxpayer who has a tax delinquent account of the amount 
of the tax delinquency as of the date of the notice.''
    (b) Clerical Amendment.--The table of sections for chapter 77 is 
amended by adding at the end the following new item:

                              ``Sec. 7524. Annual notice of tax 
                                        delinquency.''
    (c) Effective Date.--The amendments made by this section shall 
apply to calendar years after 1995.

SEC. 1206. 5-YEAR EXTENSION OF AUTHORITY FOR UNDERCOVER OPERATIONS.

    (a) In General.--Paragraph (3) of section 7601(c) of the Anti-Drug 
Abuse Act of 1988 is amended by striking all that follows ``this Act'' 
and inserting a period.
    (b) Restoration of Authority for 5 Years.--Subsection (c) of 
section 7608 is amended by adding at the end the following new 
paragraph:
            ``(6) Application of section.--The provisions of this 
        subsection--
                    ``(A) shall apply after November 17, 1988, and 
                before January 1, 1990, and
                    ``(B) shall apply after the date of the enactment 
                of this paragraph and before January 1, 2001.
        All amounts expended pursuant to this subsection during the 
        period described in subparagraph (B) shall be recovered to the 
        extent possible, and deposited in the Treasury of the United 
        States as miscellaneous receipts, before January 1, 2001.''
    (c) Enhanced Oversight.--
            (1) Additional information required in reports to 
        congress.--Subparagraph (B) of section 7608(c)(4) is amended--
                    (A) by striking ``preceding the period'' in clause 
                (ii),
                    (B) by striking ``and'' at the end of clause (ii), 
                and
                    (C) by striking clause (iii) and inserting the 
                following:
                            ``(iii) the number, by programs, of 
                        undercover investigative operations closed in 
                        the 1-year period for which such report is 
                        submitted, and
                            ``(iv) the following information with 
                        respect to each undercover investigative 
                        operation pending as of the end of the 1-year 
                        period for which such report is submitted or 
                        closed during such 1-year period--
                                    ``(I) the date the operation began 
                                and the date of the certification 
                                referred to in the last sentence of 
                                paragraph (1),
                                    ``(II) the total expenditures under 
                                the operation and the amount and use of 
                                the proceeds from the operation,
                                    ``(III) a detailed description of 
                                the operation including the potential 
                                violation being investigated and 
                                whether the operation is being 
                                conducted under grand jury auspices, 
                                and
                                    ``(IV) the results of the operation 
                                including the results of criminal 
                                proceedings.''
            (2) Audits required without regard to amounts involved.--
        Subparagraph (C) of section 7608(c)(5) is amended to read as 
        follows:
                    ``(C) Undercover investigative operation.--The term 
                `undercover investigative operation' means any 
                undercover investigative operation of the Service; 
                except that, for purposes of subparagraphs (A) and (C) 
                of paragraph (4), such term only includes an operation 
                which is exempt from section 3302 or 9102 of title 31, 
                United States Code.''
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act.

SEC. 1207. DISCLOSURE OF FORM 8300 INFORMATION ON CASH TRANSACTIONS.

    (a) In General.--Subsection (l) of section 6103 (relating to 
disclosure of returns and return information for purposes other than 
tax administration) is amended by adding at the end the following new 
paragraph:
            ``(15) Disclosure of returns filed under section 6050i.--
        The Secretary may, upon written request, disclose to officers 
        and employees of--
                    ``(A) any Federal agency,
                    ``(B) any agency of a State or local government, or
                    ``(C) any agency of the government of a foreign 
                country,
        information contained on returns filed under section 6050I. Any 
        such disclosure shall be made on the same basis, and subject to 
        the same conditions, as apply to disclosures of information on 
        reports filed under section 5313 of title 31, United States 
        Code; except that no disclosure under this paragraph shall be 
        made for purposes of the administration of any tax law.''
    (b) Conforming Amendments.--
            (1) Subsection (i) of section 6103 is amended by striking 
        paragraph (8).
            (2) Subparagraph (A) of section 6103(p)(3) is amended--
                    (A) by striking ``(7)(A)(ii), or (8)'' and 
                inserting ``or (7)(A)(ii)'', and
                    (B) by striking ``or (14)'' and inserting ``(14), 
                or (15)''.
            (3) The material preceding subparagraph (A) of section 
        6103(p)(4) is amended--
                    (A) by striking ``(5), or (8)'' and inserting ``or 
                (5)'',
                    (B) by striking ``(i)(3)(B)(i), or (8)'' and 
                inserting ``(i)(3)(B)(i),'', and
                    (C) by striking ``or (12)'' and inserting ``(12), 
                or (15)''.
            (4) Clause (ii) of section 6103(p)(4)(F) is amended--
                    (A) by striking ``(5), or (8)'' and inserting ``or 
                (5)'', and
                    (B) by striking ``or (14)'' and inserting ``(14), 
                or (15)''.
            (5) Paragraph (2) of section 7213(a) is amended by striking 
        ``or (12)'' and inserting ``(12), or (15)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
SEC. 1208. DISCLOSURE OF RETURNS AND RETURN INFORMATION TO DESIGNEE OF 
              TAXPAYER.

    Subsection (c) of section 6103 (relating to disclosure of returns 
and return information to designee of taxpayer) is amended by striking 
``written request for or consent to such disclosure'' and inserting 
``request for or consent to such disclosure''.
SEC. 1209. STUDY OF NETTING OF INTEREST ON OVERPAYMENTS AND 
              LIABILITIES.

    (a) In General.--The Secretary of the Treasury or his delegate 
shall--
            (1) conduct a study of the manner in which the Internal 
        Revenue Service has implemented the netting of interest on 
        overpayments and underpayments and of the policy and 
        administrative implications of global netting, and
            (2) before submitting the report of such study, hold a 
        public hearing to receive comments on the matters included in 
        such study.
    (b) Report.--The report of such study shall be submitted not later 
than 6 months after the date of the enactment of this Act to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate.
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