[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2902 Introduced in House (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

_______________________________________________________________________

                                 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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