I
103D CONGRESS
1ST SESSION
H. R. 2974
To amend the Internal Revenue Code of 1986 to establish a Disaster Relief
Trust Fund to provide at least a portion of the funding for Federal
disaster programs and to provide for revenues and other funds to be
deposited into such Trust Fund.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. MINGE introduced the following bill; which was referred jointly to the
Committees on Ways and Means, Small Business, Public Works and
Transportation, and Agriculture
A BILL
To amend the Internal Revenue Code of 1986 to establish
a Disaster Relief Trust Fund to provide at least a por-
tion of the funding for Federal disaster programs and
to provide for revenues and other funds to be deposited
into such Trust Fund.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Disaster Relief Trust
Fund Act of 1993’’.
SEC. 2. DISASTER RELIEF TRUST FUND.
(a) IN GENERAL.—Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund
code) is amended by adding at the end thereof the follow-
ing new section:
‘‘SEC. 9512. DISASTER RELIEF TRUST FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Disaster Relief Trust Fund’, consist-
ing of such amounts as may be appropriated, credited, or
transferred to such Trust Fund as provided in this section,
section 9602(b), or other provision of law.
‘‘(b) TRANSFERS TO TRUST FUND.—
‘‘(1) IN GENERAL.—There are hereby appro-
priated to the Disaster Relief Trust Fund amounts
equivalent to the sum of—
‘‘(A) the net revenues received in the
Treasury from the Disaster Relief Trust Fund
fuel taxes, and
‘‘(B) the revenues received in the Treasury
from the taxes imposed by sections 59B and
59C (relating to disaster relief surtaxes).
‘‘(2) DISASTER
RELIEF
TRUST
FUND
FUEL
TAXES.—For purposes of this section, the term ‘Dis-
aster Relief Trust Fund fuel taxes’ means taxes im-
posed by sections 4041, 4081, and 4091 to the ex-
tent attributable to the Disaster Relief Trust Fund
financing rate under such sections.
‘‘(3) NET REVENUES.—For purposes of para-
graph (1), the term ‘net revenues’ means the
amount estimated by the Secretary based on the ex-
cess of—
‘‘(A) the Disaster Relief Trust Fund fuel
taxes, over
‘‘(B) the decrease in the tax imposed by
chapter 1 resulting from such taxes.
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts
in the Disaster Relief Trust Fund shall be available only
for purposes of making expenditures to carry out the
following:
‘‘(1) The Robert T. Stafford Disaster Relief
and Emergency Assistance Act.
‘‘(2) Sections 5(e), 7(b)(1), 7(b)(2), and 7(m)
of the Small Business Act.
‘‘(3) Subtitle C of the Consolidated Farm and
Rural Development Act.
‘‘(4) The emergency crop loss assistance pro-
gram of the Department of Agriculture conducted
under the terms and conditions contained in chapter
3 of subtitle B of title XXII of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (Pub-
lic Law 101–624; 7 U.S.C. 1421 note) or any suc-
cessor to such program.
‘‘(5) Watershed and flood protection activities
conducted by the Soil Conservation Service and con-
servation and environmental restoration activities
conducted by the Agricultural Stabilization and Con-
servation Service, as specified by the Secretary of
Agriculture.
‘‘(6) Other disaster relief programs, as specified
by the Director of the Federal Emergency Manage-
ment Agency.
The amount available for any fiscal year under any provi-
sion referred to in the preceding sentence shall be the
amount specified by the Director of the Federal Emer-
gency Management Agency.
‘‘(d) AUTHORITY TO BORROW.—
‘‘(1) IN GENERAL.—There are hereby appro-
priated to the Disaster Relief Trust Fund as repay-
able advances such sums as the Director of the Fed-
eral Emergency Management Agency determines
necessary to carry out the purposes of such Trust
Fund.
‘‘(2) LIMITATION ON AMOUNT OUTSTANDING.—
The maximum aggregate amount of repayable ad-
vances to the Disaster Relief Trust Fund which is
outstanding at any one time shall not exceed an
amount equal to 1⁄3 of the revenues that the Sec-
retary estimates will be received by such Trust Fund
during the following fiscal year.
‘‘(3) REPAYMENT OF ADVANCES.—
‘‘(A) IN GENERAL.—Advances made to the
Disaster Relief Trust Fund shall be repaid, and
interest on such advances shall be paid, to the
general fund of the Treasury when the Sec-
retary determines that moneys are available for
such purposes in such Fund.
‘‘(B) RATE OF INTEREST.—Interest on ad-
vances made pursuant to this subsection shall
be at a rate determined by the Secretary (as of
the close of the calendar month preceding the
month in which the advance is made) to be
equal to the current average market yield on
outstanding marketable obligations of the Unit-
ed States with remaining periods to maturity
comparable to the anticipated period during
which the advance will be outstanding and shall
be compounded annually.
‘‘(e) TRANSFERS FROM TRUST FUND FOR CERTAIN
REPAYMENTS AND CREDITS.—
‘‘(1) IN
GENERAL.—The Secretary shall pay
from time to time from the Disaster Relief Trust
Fund into the general fund of the Treasury amounts
equivalent to—
‘‘(A) the payments under sections 6420,
6421, and 6427, and
‘‘(B) the credits allowed under section 34,
to the extent such payments and credits are attrib-
utable to the Disaster Relief Trust Fund financing
rate.
‘‘(2) TRANSFERS
BASED
ON
ESTIMATES.—
Transfers under paragraph (1) shall be made on the
basis of estimates by the Secretary, and proper ad-
justments shall be made in amounts subsequently
transferred to the extent prior estimates were in ex-
cess of or less than the amounts required to be
transferred.’’
(b) CLERICAL AMENDMENT.—The table of sections
for such subchapter A is amended by adding at the end
thereof the following new item:
‘‘Sec. 9512. Disaster Relief Trust Fund.’’
SEC. 3. INCREASE IN TAXES ON MOTOR FUELS FOR DISAS-
TER RELIEF TRUST FUND.
(a) GASOLINE.—
(1) IN GENERAL.—Subparagraph (A) of section
4081(a)(2) of the Internal Revenue Code of 1986
(relating to rate of tax) is amended—
(A) by striking ‘‘and’’ at the end of clause
(ii),
(B) by striking the period at the end of
clause (iii) and inserting ‘‘, and’’, and
(C) by adding at the end thereof the fol-
lowing new clause:
‘‘(iv) the Disaster Relief Trust Fund
financing rate.’’
(2) RATES OF TAX.—Subparagraph (B) of sec-
tion 4081(a)(2) of such Code is amended—
(A) by striking ‘‘and’’ at the end of clause
(ii),
(B) by striking the period at the end of
clause (iii) and inserting ‘‘, and’’, and
(C) by adding at the end thereof the fol-
lowing new clause:
‘‘(iv) the Disaster Relief Trust Fund
financing rate is 2 cents a gallon.’’
(3) GASOLINE USED IN NONCOMMERCIAL AVIA-
TION.—Paragraph (3) of section 4041(c) of such
Code is amended by striking ‘‘15 cents a gallon’’
and inserting ‘‘the sum of 15 cents per gallon plus
the Disaster Relief Trust Fund financing rate (if
any) in effect under section 4081’’.
(b) DIESEL FUEL.—
(1) Clause (i) of section 4091(b)(1)(A) of such
Code is amended by striking ‘‘and the diesel fuel
deficit reduction rate’’ and inserting ‘‘, the diesel
fuel deficit reduction rate, and the Disaster Relief
Trust Fund financing rate’’.
(2) Subsection (b) of section 4091 of such Code
is amended by redesignating paragraphs (5) and (6)
as paragraphs (6) and (7), respectively, and by in-
serting after paragraph (4) the following new para-
graph:
‘‘(5) DISASTER RELIEF TRUST FUND FINANC-
ING RATE.—For purposes of paragraph (1), except
as provided in subsection (c), the Disaster Relief
Trust Fund financing rate is the Disaster Relief
Trust Fund financing rate (if any) in effect under
section 4081.’’
(3)(A) Subparagraph (A) of section 4093(c)(2)
of such Code is amended—
(i) by inserting ‘‘AND
DISASTER
RELIEF
TAXES’’ after ‘‘TAXES’’ in the heading, and
(ii) by inserting ‘‘and the Disaster Relief
Trust Fund financing rate’’ after ‘‘financing
rate’’.
(B) Paragraph (3) of section 6427(l) of such
Code is amended—
(i) by inserting ‘‘AND
DISASTER
RELIEF
TAX’’ after ‘‘TAX’’ in the heading, and
(ii) by inserting ‘‘and the Disaster Relief
Trust Fund financing rate’’ after ‘‘financing
rate’’.
(c) 
AVIATION
FUEL.—Clause 
(ii) 
of 
section
4091(b)(1)(A) of such Code is amended by inserting ‘‘and
the Disaster Relief Trust Fund financing rate’’ after ‘‘fi-
nancing rate’’.
(d) SPECIAL MOTOR FUELS.—The last sentence of
paragraph (2) of section 4041(a) of such Code is amended
by striking ‘‘and the deficit reduction rate’’ and inserting
‘‘, the deficit reduction rate, and the Disaster Relief Trust
Fund financing rate’’.
(e) SUSPENSION OF TAXES IF DISASTER RELIEF
TRUST FUND ADEQUATELY FUNDED.—Subsection (d) of
section 4081 of such Code is amended by adding at the
end thereof the following new paragraph:
‘‘(4) DISASTER RELIEF TRUST FUND FINANC-
ING RATE.—The Disaster Relief Trust Fund financ-
ing rate under subsection (a)(2) shall not apply dur-
ing any calendar year if the Secretary estimates that
as of the close of the preceding calendar year the
unobligated balance in the Disaster Relief Trust
Fund will exceed an amount equal to 300 percent of
the annual average of the aggregate expenditures
under the programs referred to in a paragraph of
section 9512(c) during the 10-year period ending
with such preceding calendar year.’’
(f) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1994.
SEC. 4. DISASTER RELIEF SURTAXES.
(a) GENERAL RULE.—Subchapter A of chapter 1 of
the Internal Revenue Code of 1986 (relating to determina-
tion of tax liability) is amended by adding at the end
thereof the following new part:
‘‘PART VIII—TAX SURCHARGE FOR DISASTER
RELIEF
‘‘Subpart A. Noncorporate taxpayers.
‘‘Subpart B. Corporate taxpayers.
‘‘Subpart C. General provisions.
‘‘Subpart A—Noncorporate Taxpayers
‘‘Sec. 59B. Imposition of surtax.
‘‘SEC. 59B. IMPOSITION OF SURTAX.
‘‘(a) REGULAR TAX.—In the case of an individual,
the amount of the tax imposed under section 1 for any
taxable year shall be increased by the surtax percentage
of the tax imposed under section 1 for such taxable year
(determined without regard to this section).
‘‘(b) MINIMUM TAX.—In the case of an individual,
the amount of the tentative minimum tax determined
under section 55 for any taxable year shall be increased
by the surtax percentage of the tentative minimum tax for
such taxable year (determined without regard to this sec-
tion).
‘‘(c) SURTAX TO APPLY TO ESTATES AND TRUSTS.—
For purposes of this section, the term ‘individual’ includes
any estate or trust taxable under section 1.
‘‘(d) COORDINATION WITH OTHER PROVISIONS.—
The provisions of this section—
‘‘(1) shall be applied after the application of
section 1(h), but
‘‘(2) before the application of any other provi-
sion of this title which refers to the amount of the
tax imposed by section 1 or 55, as the case may be.
‘‘Subpart B—Corporate Taxpayers
‘‘Sec. 59C. Imposition of surtax.
‘‘SEC. 59C. IMPOSITION OF SURTAX.
‘‘(a) NORMAL CORPORATE TAX.—
‘‘(1) IN GENERAL.—In the case of a corpora-
tion, the amount of the tax imposed under section
11 for any taxable year shall be increased by the
surtax percentage of the amount of the tax imposed
under section 11 for such taxable year (determined
without regard to this section).
‘‘(2) TREATMENT
OF
CERTAIN
TAXES.—For
purposes of paragraph (1), a tax shall be treated as
imposed under section 11 if the amount of such tax
is determined by reference to the provisions of sec-
tion 11 (or by reference to any rate contained there-
in).
‘‘(b) MINIMUM TAX.—In the case of a corporation,
the amount of the tentative minimum tax determined
under section 55 for any taxable year shall be increased
by the surtax percentage of the amount of the tentative
minimum tax for such taxable year (determined without
regard to this section).
‘‘(c) COORDINATION WITH OTHER PROVISIONS.—
The provisions of this section shall be applied—
‘‘(1) after the application of section 1201 and
801(a)(2), but
‘‘(2) before the application of any other provi-
sion of this title which refers to the amount of tax
imposed by section 11 or 55, as the case may be.
‘‘Subpart C—General Provisions
‘‘Sec. 59D. Termination; definitions and special rules.