I

106TH CONGRESS

1ST SESSION H. R. 132

To amend the Internal Revenue Code of 1986 to provide for designation

of overpayments and contributions to the United States Textbook and

Technology Trust Fund, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. ENGEL introduced the following bill; which was referred to the Committee

on Ways and Means, and in addition to the Committee on Education and

the Workforce, 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 provide

for designation of overpayments and contributions to the

United States Textbook and Technology Trust Fund,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘United States Text5 book and Technology Trust Fund Act’’.
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1 SEC. 2. UNITED STATES TEXTBOOK AND TECHNOLOGY

2 TRUST FUND.

3 (a) DESIGNATION OF OVERPAYMENTS AND CON4 TRIBUTIONS FOR UNITED STATES TEXTBOOK AND TECH5 NOLOGY TRUST FUND.—Subchapter A of chapter 61 of

6 theInternal Revenue Code of 1986 is amended by adding

7 at the end the following new part:

8 ‘‘PART IX—DESIGNATION OF OVERPAY9 MENTS AND CONTRIBUTIONS FOR

10 UNITED STATES TEXTBOOK AND

11 TECHNOLOGY TRUST FUND

‘‘Sec. 6097. Designation.

12 ‘‘SEC. 6097. DESIGNATION.

13 ‘‘(a) IN GENERAL.—In the case of an individual, with

14 respect to each return of the taxpayer for the taxable year

15 of the tax imposed by chapter 1, such taxpayer may des16 ignate that—

17 ‘‘(1) $1 of any overpayment of tax for such tax18 able year, and

19 ‘‘(2) any cash contribution which the taxpayer

20 includes with such return,

21 shall be paid over to the United States Textbook and

22 Technology Trust Fund in accordance with the provisions

23 of section 9512. In the case of a joint return with respect

24 to which an overpayment of $2 or more is due, each spouse

25 may designate that $1 shall be paid to such trust fund.
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1 ‘‘(b) MANNER AND TIME OF DESIGNATION.—A des2 ignation under the subsection (a) may be made with re3 spect to any taxable year—

4 ‘‘(1) at the time of filing the return of the tax

5 imposed by chapter 1 for such taxable year, or

6 ‘‘(2) at any other time (after the time of filing

7 the return of the tax imposed by chapter 1 for such

8 taxable year) specified in regulations prescribed by

9 the Secretary.

10 Such designation shall be made in such manner as the

11 Secretary prescribes by regulations except that such des12 ignation shall be made either on the first page of the re13 turn or on the page bearing the taxpayer’s signature.

14 ‘‘(c) OVERPAYMENTS TREATED AS REFUNDED.—For

15 purposes of this title, any portion of an overpayment of

16 tax designated under subsection (a) shall be treated as

17 being refunded to the taxpayer as of the last date pre18 scribed for filing the return of tax imposed by chapter 1

19 (determined without regard to extension).’’

20 (b) CREATION OF TRUST FUND.—Subchapter A of

21 chapter 98 of such Code is amended by adding at the end

22 the following new section:
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1 ‘‘SEC. 9512. UNITED STATES TEXTBOOK AND TECHNOLOGY

2 TRUST FUND.

3 ‘‘(a) CREATION OF TRUST FUND.—There is estab4 lished in the Treasury of the United States a trust fund

5 to be known as the ‘United States Textbook and Tech6 nology Trust Fund’, consisting of such amounts as may

7 be credited or paid to such trust fund as provided in sec8 tion 6097 or section 9602(b).

9 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here10 by appropriated to the United States Textbook and Tech11 nology Trust Fund amounts equivalent to—

12 ‘‘(1) the amounts of the overpayments of tax to

13 which designations under section 6097 apply, and

14 ‘‘(2) the amounts of contributions made under sec15 tion 6097 to such trust fund.

16 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts

17 in the United States Textbook and Technology Trust

18 Fund shall be available, as provided in appropriations

19 Acts, for purposes of making expenditures to carry out

20 section 3 of the United States Textbook and Technology

21 Trust Fund Act.’’

22 (c) CLERICAL AMENDMENTS.—

23 (1) The table of parts for subchapter A of chap24 ter 61 of such Code is amended by adding at the

25 end the following new item:
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‘‘Part IX. Designation of overpayments and contributions for

United States Textbook and Technology Trust

Fund.’’

1 (2) The table of sections for subchapter A of

2 chapter 98 of such Code is amended by adding at

3 the end the following new item:

‘‘Sec. 9512. United States Textbook and Technology Trust

Fund.’’

4 (d) EFFECTIVE DATE.—The amendments made by

5 this section shall apply to taxable years ending after the

6 date of the enactment of this Act.

7 SEC. 3. GRANTS TO SCHOOLS.

8 (a) ELIGIBILITY OF PUBLIC SCHOOLS.—A public ele9 mentary school (as such term is defined in section 14101

10 of the Elementary and Secondary Education Act of 1965)

11 or secondary school (as such term is defined in such sec12 tion) is eligible to receive a grant under this section from

13 the United States Textbook and Technology Trust Fund

14 established pursuant to section 9512 of the Internal Reve15 nue Code of 1986 for any fiscal year by submitting an

16 application to the Secretary of Education that includes—

17 (1) certification that the school does not have

18 the financial resources available to purchase new

19 textbooks or computer software containing textbook

20 content;

21 (2) assurances that funds received under this

22 section will be used only to purchase new textbooks
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1 or computer software containing textbook content

2 for the school;

3 (3) assurances that funds received under this

4 section will be used to supplement, not supplant,

5 other funds received by such school; and

6 (4) an agreement to make available any finan7 cial records that the Secretary may need for audit

8 purposes.

9 (b) GRANT SELECTION.—The Secretary of Education

10 shall select the number of grant awards made under this

11 section and the amount of each such award based upon

12 economic need in accordance with regulations published by

13 the Secretary.

Æ