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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4376 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4376

  To amend the Internal Revenue Code of 1986 to increase the taxes on 
certain alcoholic beverages and to provide additional funds for mental 
     health and substance abuse benefits under health care reform 
                              legislation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 1994

Ms. Norton introduced the following bill; which was referred jointly to 
        the Committees on Ways and Means and Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to increase the taxes on 
certain alcoholic beverages and to provide additional funds for mental 
     health and substance abuse benefits under health care reform 
                              legislation.

    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 ``Alcohol Tax Equalization Act''.

SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC 
              EQUIVALENT OF TAXES ON DISTILLED SPIRITS.

    (a) Wine.--
            (1) Wines containing not more than 14 percent alcohol.--
        Paragraph (1) of section 5041(b) of the Internal Revenue Code 
        of 1986 (relating to rates of tax on wines) is amended by 
        striking ``$1.07'' and inserting ``$2.97''.
            (2) Wines containing more than 14 (but not more than 21) 
        percent alcohol.--Paragraph (2) of section 5041(b) of such Code 
        is amended by striking ``$1.57'' and inserting ``$4.86''.
            (3) Wines containing more than 21 (but not more than 24) 
        percent alcohol.--Paragraph (3) of section 5041(b) of such Code 
        is amended by striking ``$3.15'' and inserting ``$6.08''.
    (b) Beer.--
            (1) In general.--Paragraph (1) of section 5051(a) of such 
        Code (relating to imposition and rate of tax on beer) is 
        amended by striking ``$18'' and inserting ``$37.67''.
            (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) 
        of such Code (relating to reduced rate for certain domestic 
        production) is amended by striking ``$7'' each place it appears 
        and inserting ``$26.67''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 1995.
    (d) Floor Stocks Taxes.--
            (1) Imposition of tax.--
                    (A) In general.--In the case of any tax-increased 
                article--
                            (i) on which tax was determined under part 
                        I of subchapter A of chapter 51 of the Internal 
                        Revenue Code of 1986 or section 7652 of such 
                        Code before January 1, 1995, and
                            (ii) which is held on such date for sale by 
                        any person,
                there shall be imposed a tax at the applicable rate on 
                each such article.
                    (B) Applicable rate.--For purposes of clause (i), 
                the applicable rate is--
                            (i) $1.90 per wine gallon in the case of 
                        wine described in paragraph (1) of section 
                        5041(b) of such Code,
                            (ii) $3.29 per wine gallon in the case of 
                        wine described in paragraph (2) of section 
                        5041(b) of such Code,
                            (iii) $2.93 per wine gallon in the case of 
                        wine described in paragraph (3) of section 
                        5041(b) of such Code, and
                            (iv) $19.67 per barrel in the case of beer.
                In the case of a fraction of a gallon or barrel, the 
                tax imposed by subparagraph (A) shall be the same 
                fraction as the amount of such tax imposed on a whole 
                gallon or barrel.
                    (C) Tax-increased article.--For purposes of this 
                subsection, the term ``tax-increased article'' means 
                wine described in paragraph (1), (2), or (3) of section 
                5041(b) of such Code and beer.
            (2) Exception for certain small wholesale or retail 
        dealers.--No tax shall be imposed by subparagraph (A) on tax-
        increased articles held on January 1, 1995, by any dealer if--
                    (A) the aggregate liquid volume of tax-increased 
                articles held by such dealer on such date does not 
                exceed 500 wine gallons, and
                    (B) such dealer submits to the Secretary (at the 
                time and in the manner required by the Secretary) such 
                information as the Secretary shall require for purposes 
                of this subparagraph.
            (3) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding any tax-
                increased article on January 1, 1995, to which the tax 
                imposed by paragraph (1) applies shall be liable for 
                such tax.
                    (B) Method of payment.--The tax imposed by 
                paragraph (1) shall be paid in such manner as the 
                Secretary shall prescribe by regulations.
                    (C) Time for payment.--The tax imposed by paragraph 
                (1) shall be paid on or before June 30, 1995.
            (4) Controlled groups.--
                    (A) Corporations.--In the case of a controlled 
                group, the 500 wine gallon amount specified in 
                paragraph (2), shall be apportioned among the dealers 
                who are component members of such group in such manner 
                as the Secretary shall by regulations prescribe. For 
                purposes of the preceding sentence, the term 
                ``controlled group'' has the meaning given to such term 
                by subsection (a) of section 1563 of such Code; except 
                that for such purposes the phrase ``more than 50 
                percent'' shall be substituted for the phrase ``at 
                least 80 percent'' each place it appears in such 
                subsection.
                    (B) Nonincorporated dealers under common control.--
                Under regulations prescribed by the Secretary, 
                principles similar to the principles of subparagraph 
                (A) shall apply to a group of dealers under common 
                control where 1 or more of such dealers is not a 
                corporation.
            (5) Other laws applicable.--
                    (A) In general.--All provisions of law, including 
                penalties, applicable to the comparable excise tax with 
                respect to any tax-increased article shall, insofar as 
                applicable and not inconsistent with the provisions of 
                this paragraph, apply to the floor stocks taxes imposed 
                by paragraph (1) to the same extent as if such taxes 
                were imposed by the comparable excise tax.
                    (B) Comparable excise tax.--For purposes of 
                subparagraph (A), the term ``comparable excise tax'' 
                means--
                            (i) the tax imposed by section 5041 of such 
                        Code in the case of wine, and
                            (ii) the tax imposed by section 5051 of 
                        such Code in the case of beer.
            (6) Definitions.--For purposes of this subsection--
                    (A) In general.--Terms used in this paragraph which 
                are also used in subchapter A of chapter 51 of such 
                Code shall have the respective meanings such terms have 
                in such part.
                    (B) Person.--The term ``person'' includes any State 
                or political subdivision thereof, or any agency or 
                instrumentality of a State or political subdivision 
                thereof.
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Treasury or his delegate.

SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.

    (a) General Rule.--Subpart E of part I of subchapter A of chapter 
51 of the Internal Revenue Code of 1986 is amended by inserting before 
section 5061 the following new section:

``SEC. 5060. INDEXATION OF RATES.

    ``(a) General Rule.--Effective during each calendar year after 
1995, each tax rate set forth in subsection (b) shall be increased by 
an amount equal to--
            ``(1) such rate as in effect without regard to this 
        section, multiplied by
            ``(2) the cost-of-living adjustment for such calendar year 
        determined under section 1(f)(3) by substituting `calendar year 
        1994' for `calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded 
to the nearest multiple of 1 cent.
    ``(b) Tax Rates.--The tax rates set forth in this subsection are 
the rates contained in the following provisions:
            ``(1) Paragraphs (1) and (3) of section 5001(a).
            ``(2) Paragraphs (1), (2), (3), (4), and (5) of section 
        4041(b).
            ``(3) Paragraphs (1) and (2)(A) of section 5051(a).''
    (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section 
5010(a) are each amended by striking ``$13.50'' and inserting ``the 
rate in effect under section 5001(a)(1)''.
    (c) Clerical Amendment.--The table of sections for subpart E of 
part I of subchapter A of chapter 51 of such Code is amended by 
inserting before the item relating to section 5061 the following new 
item:

                              ``Sec. 5060. Indexation of rates.''

SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.

    (a) General Rule.--Subchapter A of chapter 98 of the Internal 
Revenue Code of 1986 (relating to establishment of trust funds) is 
amended by adding at the end thereof the following new section:

``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Mental Health and 
Substance Abuse Benefits Trust Fund', consisting of such amounts as may 
be appropriated or credited to such Trust Fund as provided in this 
section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to 
the Mental Health and Substance Abuse Benefits Trust Fund amounts 
equivalent to the additional taxes received in the Treasury under 
chapter 51 by reason of the amendments made by sections 2 and 3 of the 
Alcohol Tax Equalization Act.
    ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health 
and Substance Abuse Benefits Trust Fund shall be available, as provided 
in appropriation Acts, for purposes of providing mental health and 
substance abuse benefits under health care reform legislation hereafter 
enacted.''
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 98 is amended by adding at the end thereof the following new 
item:

                              ``Sec. 9512. Mental health and substance 
                                        abuse benefits trust fund.''

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