HR 2902 IH
107th CONGRESS
1st Session
H. R. 2902
To amend the Internal Revenue Code of 1986 to allow taxpayers to designate that part or all of any income tax refund be paid over to a Phoenix Fund for Victim Assistance.
IN THE HOUSE OF REPRESENTATIVES
September 19, 2001
Ms. VELAZQUEZ (for herself, Mr. SERRANO, Mr. CROWLEY, Mr. ACKERMAN, Mr. OWENS, Mrs. MALONEY of New York, Mr. WYNN, Mrs. CAPPS, Mr. TIERNEY, Mr. ENGEL, Mr. SWEENEY, Mr. KENNEDY of Rhode Island, Ms. KAPTUR, Mr. MEEKS of New York, and Ms. MCKINNEY) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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A BILL
To amend the Internal Revenue Code of 1986 to allow taxpayers to designate that part or all of any income tax refund be paid over to a Phoenix Fund for Victim Assistance.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Phoenix Fund for Victim Assistance Act of 2001'.
SEC. 2. DESIGNATION OF INCOME TAX OVERPAYMENTS TO PHOENIX FUND FOR VICTIM ASSISTANCE.
(a) IN GENERAL- Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part:
`PART IX--DESIGNATION OF INCOME TAX OVERPAYMENTS TO PHOENIX FUND FOR VICTIM ASSISTANCE
`Sec. 6098. Designation of income tax overpayments to Phoenix Fund for Victim Assistance.
`SEC. 6098. DESIGNATION OF INCOME TAX OVERPAYMENTS TO PHOENIX FUND FOR VICTIM ASSISTANCE.
`(a) IN GENERAL- Every taxpayer who makes a return of the tax imposed by chapter 1 for any taxable year may designate that a specified portion (not less than $1) of any overpayment of tax for such taxable year be paid over to the Phoenix Fund for Victim Assistance in accordance with the provisions of section 9511.
`(b) MANNER AND TIME OF DESIGNATION- Any designation under subsection (a) for any taxable year shall be made--
`(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, and
`(2) in such manner as the Secretary may by regulation prescribe, except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature, by checking a box either for a $5 amount or for an amount to be filled in by the taxpayer.
`(c) TREATMENT OF AMOUNTS DESIGNATED- For purposes of this title, the amount designated by any taxpayer under subsection (a)--
`(1) shall be treated as being refunded to such taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and
`(2) shall be treated as a contribution made by such taxpayer on such date to the United States.
`(d) APPLICATION OF SECTION- This section shall apply only to the first taxable year of the taxpayer ending on or after December 31, 2001.'
(b) PHOENIX FUND FOR VICTIM ASSISTANCE- Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section:
`SEC. 9511. PHOENIX FUND FOR VICTIM ASSISTANCE.
`(a) CREATION OF TRUST FUND- There is established in the Treasury of the United States a trust fund to be known as the `Phoenix Fund for Victim Assistance', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b).
`(b) TRANSFERS TO TRUST FUND- There are hereby appropriated to the Phoenix Fund for Victim Assistance amounts equivalent to the amounts designated under section 6098.
`(c) EXPENDITURES- Amounts in the Phoenix Fund for Victim Assistance shall be available, as provided in appropriation Acts, for purposes of providing qualified assistance, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
`(d) QUALIFIED ASSISTANCE- For purposes of subsection (c), the term `qualified assistance' means assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for recovery from the terrorist attacks on the United States on September 11, 2001, and such other disaster relief and emergency assistance with respect to such terrorist attacks as the President determines appropriate. Such assistance shall be administered by the Director of the Federal Emergency Management Agency.'.
(c) CLERICAL AMENDMENTS-
(1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item:
`Part IX. Designation of income tax overpayments to Phoenix Fund for Victim Assistance.'
(2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:
`Sec. 9511. Phoenix Fund for Victim Assistance.'
(d) EFFECTIVE DATE- The amendments made by this section shall apply to taxable years beginning after December 31, 2001.
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