[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4599 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4599

 To amend the Internal Revenue Code of 1986 to establish and provide a 
checkoff for a Breast and Prostate Cancer Research Fund, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

Mr. King of New York introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee on 
Energy and Commerce, 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 establish and provide a 
checkoff for a Breast and Prostate Cancer Research Fund, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayers' Cancer Research Funding 
Act of 2005''.

SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE 
              CANCER RESEARCH FUND.

    (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 PAYMENTS TO BREAST AND PROSTATE 
                          CANCER RESEARCH FUND

``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund.

``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND.

    ``(a) In General.--Every individual (other than a nonresident 
alien) whose adjusted income tax liability for the taxable year is $5 
or more may designate that $5 shall be paid over to the Breast and 
Prostate Cancer Research Fund in accordance with the provisions of 
section 9511. In the case of a joint return of husband and wife having 
an adjusted income tax liability of $10 or more, each spouse may 
designate that $5 shall be paid to the fund.
    ``(b) Adjusted Income Tax Liability.--For purposes of subsection 
(a), the term `adjusted income tax liability' means, for any individual 
for any taxable year, the excess (if any) of--
            ``(1) the income tax liability (as defined in section 
        6096(b)) of the individual for the taxable year, over
            ``(2) any amount designated by the individual (and, in the 
        case of a joint return, any amount designated by the 
        individual's spouse) under section 6096(a) for such taxable 
        year.
    ``(c) Manner and Time of Designation.--A designation under 
subsection (a) may be made with respect to any taxable year--
            ``(1) at the time of filing the return of the tax imposed 
        by chapter 1 for such taxable year, or
            ``(2) at any other time (after the time of filing the 
        return of the tax imposed by chapter 1 for such taxable year) 
        specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary 
prescribes by regulations except that, if such designation is made at 
the time of filing the return of the tax imposed by chapter 1 for such 
taxable year, such designation shall be made either on the first page 
of the return or on the page bearing the taxpayer's signature.''
    (b) Breast and Prostate Cancer Research Fund.--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. BREAST AND PROSTATE CANCER RESEARCH FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Breast and 
Prostate Cancer Research Fund', 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 Breast and Prostate Cancer Research Fund amounts equivalent to the 
amounts designated under section 6098.
    ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer 
Research Fund shall be available, as provided in appropriation Acts, 
for purposes of making qualified research grants, 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 for 
research with respect to breast and prostate cancer.
    ``(d) Qualified Research Grants.--
            ``(1) In general.--For purposes of subsection (c), the term 
        `qualified research grant' means a grant, to a qualified person 
        selected by the National Cancer Institute of the National 
        Institutes of Health by qualified peer review, for the purpose 
        of conducting research with respect to breast or prostate 
        cancer. Such a grant shall be administered by such National 
        Cancer Institute and the amount of such grant shall be 
        determined by such Institute.
            ``(2) Qualified peer review.--For purposes of paragraph 
        (1), the term `qualified peer review' means peer review 
        described in sections 492 and 492A of the Public Health Service 
        Act.''
    (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 Payments to Breast and Prostate 
                        Cancer Research Fund''.

            (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. Breast and Prostate Cancer Research Fund.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.
                                 <all>