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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5021 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                         July 29, 2014.
    Resolved, That the bill from the House of Representatives (H.R. 
5021) entitled ``An Act to provide an extension of Federal-aid highway, 
highway safety, motor carrier safety, transit, and other programs 
funded out of the Highway Trust Fund, and for other purposes.'', do 
pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Highway and 
Transportation Funding Act of 2014''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

           TITLE I--SURFACE TRANSPORTATION PROGRAM EXTENSION

                    Subtitle A--Federal-aid Highways

Sec. 1001. Extension of Federal-aid highway programs.

            Subtitle B--Extension of Highway Safety Programs

Sec. 1101. Extension of National Highway Traffic Safety Administration 
                            highway safety programs.
Sec. 1102. Extension of Federal Motor Carrier Safety Administration 
                            programs.
Sec. 1103. Dingell-Johnson Sport Fish Restoration Act.

               Subtitle C--Public Transportation Programs

Sec. 1201. Public transportation programs continuation.

                    Subtitle D--Hazardous Materials

Sec. 1301. Extension of hazardous materials programs.

                      TITLE II--REVENUE PROVISIONS

Sec. 2001. Extension of Highway Trust Fund expenditure authority.
Sec. 2002. Funding of Highway Trust Fund.
Sec. 2003. Additional information on returns relating to mortgage 
                            interest.
Sec. 2004. Penalty for failure to meet due diligence requirements for 
                            the child tax credit.
Sec. 2005. Clarification of 6-year statute of limitations in case of 
                            overstatement of basis.
Sec. 2006. 100 percent continuous levy on payment to medicare providers 
                            and suppliers.
Sec. 2007. Modification of tax exemption requirements for mutual ditch 
                            or irrigation companies.
Sec. 2008. Equalization of excise tax on liquefied natural gas and 
                            liquefied petroleum gas.
Sec. 2009. Extension of customs user fees.

                    TITLE III--BUDGETARY PROVISIONS

Sec. 301. Treatment for PAYGO purposes.

SEC. 2. DEFINITIONS.

    In this Act and the amendments made by this Act:
            (1) MAP-21.--The term ``MAP-21'' means the Moving Ahead for 
        Progress in the 21st Century Act (Public Law 112-141; 126 Stat. 
        405).
            (2) Part-year extension period.--The term ``Part-Year 
        Extension Period'' means the period beginning on October 1, 
        2014, and ending on the Part-Year Funding Date.
            (3) Part-year funding date.--The term ``Part-Year Funding 
        Date'' means December 19, 2014.
            (4) Part-year ratio.--The term ``Part-Year Ratio'' means 
        the ratio calculated by dividing--
                    (A) the number of days included in the period 
                beginning on October 1, 2014, and ending on the Part-
                Year Funding Date; by
                    (B) 365.
            (5) SAFETEA-LU.--The term ``SAFETEA-LU'' means the Safe, 
        Accountable, Flexible, Efficient Transportation Equity Act: A 
        Legacy for Users (Public Law 109-59; 119 Stat. 1144).

           TITLE I--SURFACE TRANSPORTATION PROGRAM EXTENSION

                    Subtitle A--Federal-aid Highways

SEC. 1001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

    (a) In General.--Except as otherwise provided in this subtitle, 
requirements, authorities, conditions, eligibilities, limitations, and 
other provisions authorized under divisions A and E of MAP-21 (Public 
Law 112-141), the SAFETEA-LU Technical Corrections Act of 2008 (Public 
Law 110-244), titles I, V, and VI of SAFETEA-LU (Public Law 109-59), 
titles I and V of the Transportation Equity Act for the 21st Century 
(Public Law 105-178), the National Highway System Designation Act of 
1995 (Public Law 104-59), titles I and VI of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240), and title 
23, United States Code (excluding chapter 4 of that title), that would 
otherwise expire on or cease to apply after September 30, 2014, are 
incorporated by reference and shall continue in effect through the 
Part-Year Extension Period.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) for the Part-Year Extension Period a sum equal to--
            (1) the total amount authorized to be appropriated out of 
        the Highway Trust Fund (other than the Mass Transit Account) 
        for programs, projects, and activities for fiscal year 2014 
        under divisions A and E of MAP-21 and title 23, United States 
        Code (excluding chapter 4 of that title); multiplied by
            (2) the Part-Year Ratio.
    (c) Use of Funds.--
            (1) In general.--Except as otherwise expressly provided in 
        this title, funds authorized to be appropriated under 
        subsection (b) for the Part-Year Extension Period shall be 
        distributed, administered, limited, and made available for 
        obligation in the same manner and in the same amounts (as 
        calculated using the Part-Year Ratio) as the funds authorized 
        to be appropriated out of the Highway Trust Fund (other than 
        the Mass Transit Account) for fiscal year 2014 to carry out 
        programs, projects, activities, eligibilities, and requirements 
        under--
                    (A) MAP-21 (Public Law 112-141);
                    (B) the SAFETEA-LU Technical Corrections Act of 
                2008 (Public Law 110-244);
                    (C) SAFETEA-LU (Public Law 109-59);
                    (D) the Transportation Equity Act for the 21st 
                Century (Public Law 105-178);
                    (E) the National Highway System Designation Act of 
                1995 (Public Law 104-59);
                    (F) the Intermodal Surface Transportation 
                Efficiency Act of 1991 (Public Law 102-240); and
                    (G) title 23, United States Code (excluding chapter 
                4 of that title).
            (2) Contract authority.--Funds authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account) under this section shall be--
                    (A) available for obligation and shall be 
                administered in the same manner as if the funds were 
                apportioned under chapter 1 of title 23, United States 
                Code; and
                    (B) for the Part-Year Extension Period, except as 
                provided in paragraph (3)(B), subject to the limitation 
                on obligations for Federal-aid highways and highway 
                safety construction programs for fiscal year 2015 in 
                paragraph (3)(A) or an Act making appropriations for 
                fiscal year 2015 or a portion of that fiscal year.
            (3) Obligation ceiling.--
                    (A) In general.--In the absence of an Act making 
                appropriations for fiscal year 2015 or a portion of 
                that fiscal year--
                            (i) the annual limitation on obligations 
                        for Federal-aid highway and highway safety 
                        construction programs for fiscal year 2015 
                        shall be equal to that of fiscal year 2014; and
                            (ii) the limitation on obligations shall be 
                        distributed and funding shall be exempt from 
                        the limitation on obligations in the same 
                        manner as for fiscal year 2014
                    (B) Application during part-year extension 
                period.--
                            (i) Limitation on obligations.--During the 
                        Part-Year Extension Period, obligations subject 
                        to the limitation described in paragraph (2)(B) 
                        shall not exceed--
                                    (I) the annual limitation on 
                                obligations imposed under that 
                                paragraph; multiplied by
                                    (II) the Part-Year Ratio.
                            (ii) Exempt nhpp funds.--During the Part-
                        Year Extension Period, the amount of funds 
                        under section 119 of title 23, United States 
                        Code, that is exempt from the limitation on 
                        obligations imposed under paragraph (2)(B) 
                        shall be--
                                    (I) $639,000,000; multiplied by
                                    (II) the Part-Year Ratio.
                    (C) Calculations for distribution of obligation 
                limitation.--The Secretary of Transportation shall, as 
                necessary for purposes of making the calculations for 
                the distribution of any obligation limitation during 
                the Part-Year Extension Period--
                            (i) annualize the amount of contract 
                        authority provided under this Act for Federal-
                        aid highways and highway safety construction 
                        programs; and
                            (ii) multiply the resulting distribution of 
                        obligation limitation by either the Part-Year 
                        Ratio or the pro rata for the period of an Act 
                        making appropriations for a portion of fiscal 
                        year 2015, whichever is applicable.

            Subtitle B--Extension of Highway Safety Programs

SEC. 1101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
              HIGHWAY SAFETY PROGRAMS.

    (a) In General.--Except as otherwise provided in this section, 
requirements, authorities, conditions, and other provisions authorized 
under subtitle A of title I of division C of MAP-21 (Public Law 112-
141), section 2009 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-
59), and chapter 4 of title 23, United States Code, that would 
otherwise expire on or cease to apply after September 30, 2014, are 
incorporated by reference and shall continue in effect through the 
Part-Year Extension Period.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) for the Part-Year Extension Period a sum equal to--
            (1) the total amount authorized to be appropriated out of 
        the Highway Trust Fund (other than the Mass Transit Account) 
        for programs, projects, and activities for fiscal year 2014 
        under subtitle A of title I of division C of MAP-21 (Public Law 
        112-141), section 2009 of SAFETEA-LU (23 U.S.C. 402 note; 
        Public Law 109-59), and chapter 4 of title 23, United States 
        Code; multiplied by
            (2) the Part-Year Ratio.
    (c) Use of Funds.--Funds authorized to appropriated or made 
available for obligation under the authority of this section shall be 
distributed, administered, and made available for obligation in the 
same manner and at the same rate as funds authorized to be appropriated 
or made available for fiscal year 2014 to carry out programs, projects 
and activities under--
            (1) subtitle A of title I of division C of MAP-21 (Public 
        Law 112-141);
            (2) section 2009 of SAFETEA-LU (23 U.S.C. 402 note; Public 
        Law 109-59); and
            (3) chapter 4 of title 23, United States Code.
    (d) Contract Authority.--Section 31101(c) of MAP-21 (126 Stat. 733) 
is amended by striking ``fiscal years 2013 and 2014'' and inserting 
``fiscal years 2013, 2014, and 2015''.
    (e) Law Enforcement Campaigns.--Section 2009(a) of SAFETEA-LU (23 
U.S.C. 402 note; Public Law 109-59) is amended by striking ``fiscal 
years 2013 and 2014'' each place it appears and inserting ``fiscal 
years 2013, 2014, and 2015''.

SEC. 1102. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
              PROGRAMS.

    (a) Extension of Programs.--Except as otherwise provided in this 
section, requirements, authorities, conditions, eligibilities, 
limitations, and other provisions authorized under title II of division 
C of MAP-21 (Public Law 112-141), title IV of SAFETEA-LU (Public Law 
109-59), and part B of subtitle VI of title 49, United States Code, 
that would otherwise expire on or cease to apply after September 30, 
2014, are incorporated by reference and shall continue in effect 
through the Part-Year Extension Period.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the period beginning October 1, 2014, and ending on the 
Part-Year Funding Date, a sum equal to--
            (1) the total amount authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit Account) for 
        programs, projects, and activities for fiscal year 2014 under 
        title II of division C of MAP-21 (Public Law 112-141), title IV 
        of SAFETEA-LU (Public Law 109-59), and part B of subtitle VI of 
        title 49, United States Code; multiplied by
            (2) the Part-Year Ratio.
    (c) Contract Authority.--Funds authorized to be appropriated under 
this section shall be available for obligation and shall be 
administered in the same manner as if the funds were authorized by 
section 4101 of SAFETEA-LU (Public Law 109-59) and amendments made by 
that section, as amended by section 32603 of MAP-21 (Public Law 112-
141), or authorized by section 31104 of title 49, United States Code.
    (d) Use of Funds.--Funds authorized to be appropriated or made 
available for obligation and expended under the authority of this 
section shall be distributed, administered, limited, and made available 
for obligation in the same manner and at the same rate as funds 
authorized to be appropriated or made available for fiscal year 2014 to 
carry out programs, projects, activities, eligibilities, and 
requirements under--
            (1) title II of division C of MAP-21 (Public Law 112-141);
            (2) title IV of SAFETEA-LU (Public Law 109-59); and
            (3) part B of subtitle VI of title 49, United States Code.

SEC. 1103. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.

    Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c) is amended--
            (1) in subsection (a) in the matter preceding paragraph (1) 
        by striking ``2014'' and inserting ``2015''; and
            (2) in subsection (b)(1)(A) in the first sentence by 
        striking ``2014'' and inserting ``2015''.

               Subtitle C--Public Transportation Programs

SEC. 1201. PUBLIC TRANSPORTATION PROGRAMS CONTINUATION.

    (a) Extension for Public Transportation Programs.--Except as 
otherwise provided in this section, requirements, authorities, 
conditions, eligibilities, limitations, and other provisions authorized 
under division B of MAP-21 (Public Law 112-141) and chapter 53 of title 
49, United States Code, that would otherwise expire on or cease to 
apply after September 30, 2014, are incorporated by reference and shall 
continue in effect through the Part-Year Extension Period.
    (b) Authorization of Appropriations.--
            (1) Mass transit account.--There shall be available from 
        the Mass Transit Account of the Highway Trust Fund for the 
        Part-Year Extension Period, a sum equal to--
                    (A) the total amount authorized to be appropriated 
                out of the Mass Transit Account of the Highway Trust 
                Fund for programs, projects, and activities for fiscal 
                year 2014 authorized under division B of MAP-21 (Public 
                Law 112-141) and under chapter 53 of title 49, United 
                States Code; multiplied by
                    (B) the Part-Year Ratio.
            (2) General fund.--There is authorized to be appropriated 
        from the general fund of the Treasury for the period beginning 
        October 1, 2014, and ending on the Part-Year Funding Date, a 
        sum equal to--
                    (A) the total amount authorized to be appropriated 
                from the general fund of the Treasury for programs, 
                projects, and activities for fiscal year 2014 under 
                division B of MAP-21 (Public Law 112-141) and under 
                chapter 53 of title 49, United States Code; multiplied 
                by
                    (B) the Part-Year Ratio.
    (c) Contract Authority.--Funds made available under this section 
from the Mass Transit Account of the Highway Trust Fund shall be 
available for obligation in the same manner as set forth in section 
5338(j)(1) of title 49, United States Code.
    (d) Use of Funds.--Funds authorized to appropriated or made 
available for obligation and expended under the authority of this 
section shall be distributed, administered, limited, and made available 
for obligation in the same manner and at the same rate as funds 
authorized to be appropriated or made available for fiscal year 2014 to 
carry out programs, projects, activities, eligibilities, and 
requirements under division B of MAP-21 (Public Law 112-141) and 
chapter 53 of title 49, United States Code.
    (e) Distribution of Funds Under Division B of MAP-21.--Funds 
authorized to be appropriated or made available for programs continued 
under this section shall be distributed to those programs in the same 
proportion as funds were allocated for those programs for fiscal year 
2014.

                    Subtitle D--Hazardous Materials

SEC. 1301. EXTENSION OF HAZARDOUS MATERIALS PROGRAMS.

    (a) Extension of Programs.--Except as otherwise provided in this 
section, requirements, authorities, conditions, eligibilities, 
limitations, and other provisions authorized under title III of 
division C of MAP-21 (Public Law 112-141) and chapter 51 of title 49, 
United States Code, that would otherwise expire on or cease to apply 
after September 30, 2014, are incorporated by reference and shall 
continue in effect through the Part-Year Extension Period.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated from the general fund of the Treasury and the Hazardous 
Materials Emergency Preparedness Fund established under section 5116(i) 
of title 49, United States Code, for the period beginning October 1, 
2014, and ending on the Part-Year Funding Date, an amount equal to--
            (1) the total amount authorized to be appropriated from the 
        general fund of the Treasury and the Hazardous Materials 
        Emergency Preparedness Fund for programs, projects, and 
        activities for fiscal year 2014 under title III of division C 
        of MAP-21 (Public Law 112-141) and chapter 51 of title 49, 
        United States Code; multiplied by
            (2) the Part-Year Ratio.
    (c) Use of Funds.--Funds authorized to be appropriated or made 
available for obligation and expended under the authority of this 
section shall be distributed, administered, limited, and made available 
for obligation in the same manner and at the same rate as funds 
authorized to be appropriated or made available for fiscal year 2014 to 
carry out programs, projects, activities, eligibilities, and 
requirements under title III of division C of MAP-21 (Public Law 112-
141) and chapter 51 of title 49, United States Code.

                      TITLE II--REVENUE PROVISIONS

SEC. 2001. 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 ``October 1, 2014'' in subsections 
        (b)(6)(B), (c)(1), and (e)(3) and inserting ``December 20, 
        2014'', and
            (2) by striking ``MAP-21'' in subsections (c)(1) and (e)(3) 
        and inserting ``Highway and Transportation Funding Act of 
        2014''.
    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of 
the Internal Revenue Code of 1986 is amended--
            (1) by striking ``MAP-21'' each place it appears in 
        subsection (b)(2) and inserting ``Highway and Transportation 
        Funding Act of 2014'', and
            (2) by striking ``October 1, 2014'' in subsection (d)(2) 
        and inserting ``December 20, 2014''.
    (c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of 
section 9508(e) of the Internal Revenue Code of 1986 is amended by 
striking ``October 1, 2014'' and inserting ``December 20, 2014''.

SEC. 2002. FUNDING OF HIGHWAY TRUST FUND.

    (a) In General.--Subsection (f) of section 9503 of the Internal 
Revenue Code of 1986 is amended by redesignating paragraph (5) as 
paragraph (7) and by inserting after paragraph (4) the following new 
paragraphs:
                    ``(A) $5,633,000,000 to the Highway Account (as 
                defined in subsection (e)(5)(B)) in the Highway Trust 
                Fund; and
                    ``(B) $1,500,000,000 to the Mass Transit Account in 
                the Highway Trust Fund.
            ``(6) 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)(3).''.
    (b) Appropriation From Leaking Underground Storage Tank Trust 
Fund.--
            (1) 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:
            ``(3) Additional transfer to highway trust fund.--Out of 
        amounts in the Leaking Underground Storage Tank Trust Fund 
        there is hereby appropriated $1,000,000,000 to be transferred 
        under section 9503(f)(6) to the Highway Account (as defined in 
        section 9503(e)(5)(B)) in the Highway Trust Fund.''.
            (2) Conforming amendment.--Section 9508(c)(1) of the 
        Internal Revenue Code of 1986 is amended by striking 
        ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.

SEC. 2003. ADDITIONAL INFORMATION ON RETURNS RELATING TO MORTGAGE 
              INTEREST.

    (a) In General.--Paragraph (2) of section 6050H(b) of the Internal 
Revenue Code of 1986 is amended by striking ``and'' at the end of 
subparagraph (C), by redesignating subparagraph (D) as subparagraph 
(I), and by inserting after subparagraph (C) the following new 
subparagraphs:
                    ``(D) the unpaid balance with respect to such 
                mortgage at the close of the calendar year,
                    ``(E) the address of the property securing such 
                mortgage,
                    ``(F) information with respect to whether the 
                mortgage is a refinancing that occurred in such 
                calendar year,
                    ``(G) the amount of real estate taxes paid from an 
                escrow account with respect to the property securing 
                such mortgage,
                    ``(H) the date of the origination of such mortgage, 
                and''.
    (b) Payee Statements.--Subsection (d) of section 6050H of the 
Internal Revenue Code of 1986 is amended by striking ``and'' at the end 
of paragraph (1), by striking the period at the end of paragraph (2) 
and inserting ``, and'', and by inserting after paragraph (2) the 
following new paragraph:
            ``(3) the information required to be included on the return 
        under subparagraphs (D), (E), (F), (G) and (H) of subsection 
        (b)(2).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns and statements the due date for which (determined 
without regard to extensions) is after December 31, 2015.

SEC. 2004. PENALTY FOR FAILURE TO MEET DUE DILIGENCE REQUIREMENTS FOR 
              THE CHILD TAX CREDIT.

    (a) In General.--Section 6695 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(h) Failure To Be Diligent in Determining Eligibility for Child 
Tax Credit.--Any person who is a tax return preparer with respect to 
any return or claim for refund who fails to comply with due diligence 
requirements imposed by the Secretary by regulations with respect to 
determining eligibility for, or the amount of, the credit allowable by 
section 24 shall pay a penalty of $500 for each such failure.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2014.

SEC. 2005. CLARIFICATION OF 6-YEAR STATUTE OF LIMITATIONS IN CASE OF 
              OVERSTATEMENT OF BASIS.

    (a) In General.--Subparagraph (B) of section 6501(e)(1) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of clause (i), by 
        redesignating clause (ii) as clause (iii), and by inserting 
        after clause (i) the following new clause:
                            ``(ii) An understatement of gross income by 
                        reason of an overstatement of unrecovered cost 
                        or other basis is an omission from gross 
                        income; and'',
            (2) by inserting ``(other than in the case of an 
        overstatement of unrecovered cost or other basis)'' in clause 
        (iii) (as so redesignated) after ``In determining the amount 
        omitted from gross income'', and
            (3) by inserting ``amount omitted from'' after 
        ``Determination of'' in the heading thereof.
    (b) Effective Date.--The amendments made by this section shall 
apply to--
            (1) returns filed after the date of the enactment of this 
        Act, and
            (2) returns filed on or before such date if the period 
        specified in section 6501 of the Internal Revenue Code of 1986 
        (determined without regard to such amendments) for assessment 
        of the taxes with respect to which such return relates has not 
        expired as of such date.

SEC. 2006. 100 PERCENT CONTINUOUS LEVY ON PAYMENT TO MEDICARE PROVIDERS 
              AND SUPPLIERS.

    (a) In General.--Paragraph (3) of section 6331(h) of the Internal 
Revenue Code of 1986 is amended by striking the period at the end and 
inserting ``, or to a Medicare provider or supplier under title XVIII 
of the Social Security Act.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to payments made on or after the date which is 6 months after the date 
of the enactment of this Act.

SEC. 2007. MODIFICATION OF TAX EXEMPTION REQUIREMENTS FOR MUTUAL DITCH 
              OR IRRIGATION COMPANIES.

    (a) In General.--Paragraph (12) of section 501(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subparagraph:
                    ``(I) Treatment of mutual ditch irrigation 
                companies.--
                            ``(i) In general.--In the case of a mutual 
                        ditch or irrigation company or of a like 
                        organization to a mutual ditch or irrigation 
                        company, subparagraph (A) shall be applied 
                        without taking into account any income received 
                        or accrued--
                                    ``(I) from the sale, lease, or 
                                exchange of fee or other interests in 
                                real property, including interests in 
                                water,
                                    ``(II) from the sale or exchange of 
                                stock in a mutual ditch or irrigation 
                                company (or in a like organization to a 
                                mutual ditch or irrigation company) or 
                                contract rights for the delivery or use 
                                of water, or
                                    ``(III) from the investment of 
                                proceeds from sales, leases, or 
                                exchanges under subclauses (I) and 
                                (II),
                        except that any income received under subclause 
                        (I), (II), or (III) which is distributed or 
                        expended for expenses (other than for 
                        operations, maintenance, and capital 
                        improvements) of the mutual ditch or irrigation 
                        company or of the like organization to a mutual 
                        ditch or irrigation company (as the case may 
                        be) shall be treated as nonmember income in the 
                        year in which it is distributed or expended. 
                        For purposes of the preceding sentence, 
                        expenses (other than for operations, 
                        maintenance, and capital improvements) include 
                        expenses for the construction of conveyances 
                        designed to deliver water outside of the system 
                        of the mutual ditch or irrigation company or of 
                        the like organization.
                            ``(ii) Treatment of organizational 
                        governance.--In the case of a mutual ditch or 
                        irrigation company or of a like organization to 
                        a mutual ditch or irrigation company, where 
                        State law provides that such a company or 
                        organization may be organized in a manner that 
                        permits voting on a basis which is pro rata to 
                        share ownership on corporate governance 
                        matters, subparagraph (A) shall be applied 
                        without taking into account whether its member 
                        shareholders have one vote on corporate 
                        governance matters per share held in the 
                        corporation. Nothing in this clause shall be 
                        construed to create any inference about the 
                        requirements of this subsection for companies 
                        or organizations not included in this 
                        clause.''.
    (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. 2008. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND 
              LIQUEFIED PETROLEUM GAS.

    (a) Liquefied Petroleum Gas.--
            (1) In general.--Subparagraph (B) of section 4041(a)(2) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``and'' at the end of clause (i), by redesignating clause (ii) 
        as clause (iii), and by inserting after clause (i) the 
        following new clause:
                            ``(ii) in the case of liquefied petroleum 
                        gas, 18.3 cents per energy equivalent of a 
                        gallon of gasoline, and''.
            (2) Energy equivalent of a gallon of gasoline.--Paragraph 
        (2) of section 4041(a) of such Code is amended by adding at the 
        end the following:
                    ``(C) Energy equivalent of a gallon of gasoline.--
                For purposes of this paragraph, the term `energy 
                equivalent of a gallon of gasoline' means, with respect 
                to a liquefied petroleum gas fuel, the amount of such 
                fuel having a Btu content of 115,400 (lower heating 
                value).''.
    (b) Liquefied Natural Gas.--
            (1) In general.--Subparagraph (B) of section 4041(a)(2) of 
        the Internal Revenue Code of 1986, as amended by subsection 
        (a)(1), is amended by striking ``and'' at the end of clause 
        (ii), by striking the period at the end of clause (iii) and 
        inserting ``, and''' and by inserting after clause (iii) the 
        following new clause:
                            ``(iv) in the case of liquefied natural 
                        gas, 24.3 cents per energy equivalent of a 
                        gallon of diesel.''.
            (2) Energy equivalent of a gallon of diesel.--Paragraph (2) 
        of section 4041(a) of such Code, as amended by subsection 
        (a)(2), is amended by adding at the end the following:
                    ``(D) Energy equivalent of a gallon of diesel.--For 
                purposes of this paragraph, the term `energy equivalent 
                of a gallon of diesel' means, with respect to a 
                liquefied natural gas fuel, the amount of such fuel 
                having a Btu content of 128,700 (lower heating 
                value).''.
            (3) Conforming amendments.--Section 4041(a)(2)(B)(iv) of 
        the Internal Revenue Code of 1986, as redesignated by 
        subsection (a)(1) and paragraph (1), is amended--
                    (A) by striking ``liquefied natural gas,'', and
                    (B) by striking ``peat), and'' and inserting 
                ``peat) and''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any sale or use of fuel after September 30, 2014.

SEC. 2009. EXTENSION OF CUSTOMS USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``September 30, 2023'' 
        and inserting ``January 7, 2024'', and
            (2) in subparagraph (B)(i), by striking ``September 30, 
        2023'' and inserting ``January 7, 2024''.

                    TITLE III--BUDGETARY PROVISIONS

SEC. 301. TREATMENT FOR PAYGO PURPOSES.

    (a) Paygo Scorecard.--The budgetary effects of this Act and the 
amendments made by 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 (2 U.S.C. 933(d)).
    (b) Senate Paygo Scorecard.--The budgetary effects of this Act and 
the amendments made by this Act shall not be entered on any PAYGO 
scorecard maintained for purposes of section 201 of S. Con. Res. 21 
(110th Congress).

            Attest:

                                                             Secretary.
113th CONGRESS

  2d Session

                               H.R. 5021

_______________________________________________________________________

                               AMENDMENT
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