[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1559 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1559

 To amend the Internal Revenue Code of 1986 to provide taxpayers a tax 
check-off to designate certain annual contributions to the Armed Forces 
Relief Trust for an above-the-line deduction not to exceed $1,000, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2005

 Ms. Landrieu introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to provide taxpayers a tax 
check-off to designate certain annual contributions to the Armed Forces 
Relief Trust for an above-the-line deduction not to exceed $1,000, 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 ``Emergency Relief Tax Check-Off for 
Our Armed Forces Act of 2005''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) A significant number of America's military service men 
        and women and their immediate families have suffered severe 
        economic hardships as a result of injuries sustained in the 
        course of their service.
            (2) The various military relief societies have provided 
        essential support for military members facing economic 
        hardship.
            (3) The numbers and needs of United States service members 
        and their families far exceed the resources available to these 
        military relief societies.
            (4) The American people strongly support the creation of a 
        tax check-off on their annual Federal tax return devoted to 
        emergency relief for members of the Armed Forces and their 
        families.
    (b) Purpose.--It is the purpose of this Act to bring greater 
awareness of the personal and financial hardships of members of the 
Armed Forces of the United States, military retirees, and veterans, as 
well as their family members, as they serve our Nation and to provide a 
mechanism which will enable taxpayers to contribute in an effort to 
alleviate such hardships.

SEC. 3. TAX CHECK-OFF FOR CERTAIN CONTRIBUTIONS TO ARMED FORCES RELIEF 
              TRUST.

    (a) Tax Check-Off.--
    (b) In General.--In the case of an individual, with respect to each 
taxpayer's return for the taxable year of the tax imposed by chapter 1, 
such individual may designate that a contribution has been made for 
such taxable year to the Armed Forces Relief Trust.
    (c) Manner and Time of Designation.--A designation under paragraph 
(1) may be made with respect to any taxable year only at the time of 
filing the return of the tax imposed by chapter 1 for such taxable 
year. Such designation shall be made in such manner as the Secretary 
prescribes by regulations except that such designation shall be made on 
the first page of the return in the area below the designation for 
income tax payments to the Presidential Election Campaign Fund.
    (d) Explanation of Tax Treatment of Contributions to Armed Forces 
Relief Trust.--The Secretary shall provide taxpayers with an 
explanation that an above-the-line deduction under section 62(a)(22) of 
the Internal Revenue Code of 1986 is allowed for any taxable year with 
respect to any contribution designated under paragraph (1) for such 
taxable year in an amount not to exceed $1,000, that any amount of such 
contribution in excess of $1,000 may be taken as an additional 
deduction for such taxable year by any taxpayer who itemizes 
deductions, and that such above-the-line deduction is not includible in 
the determination of the alternative minimum tax under section 55 of 
such Code.

SEC. 4. ABOVE-THE-LINE DEDUCTION.

    Section 62(a) of the Internal Revenue Code of 1986 (defining 
adjusted gross income) is amended by redesignating paragraph (20) (as 
added by section 703(a) of the American Jobs Creation Act of 2004) as 
paragraph (21) and by inserting after paragraph (21) (as so 
redesignated) the following new paragraph:
    ``(v) Certain Contributions to Armed Forces Relief Trust.--The 
deduction allowed by section 170 which is attributable to contributions 
to the Armed Forces Relief Trust not in excess of $1,000.''.

SEC. 5. TREATMENT OF CHARITABLE CONTRIBUTIONS TO ARMED FORCES RELIEF 
              TRUST.

    (a) In General.--Notwithstanding any other provision of law, any 
contribution made by any of the societies associated with the Armed 
Forces Relief Trust shall not be commingled with any charitable 
contribution made to the Trust Fund for which a deduction under section 
170 of the Internal Revenue Code of 1986 is allowable.
    (b) Administration of Charitable Contributions.--The administration 
and distribution of any charitable contributions described in paragraph 
(1) shall be made by the Armed Forces Relief Trust subject to the 
advice of a board of directors the establishment and operation of which 
is determined under section 6.

SEC. 6. ADVISORY BOARD OF DIRECTORS.

    (a) Appointment.--
            (1) In general.--Within the Armed Forces Relief Trust there 
        is established an advisory board of directors the members of 
        which are appointed as follows:
                    (A) One individual appointed by the Chairman of the 
                Committee on Finance of the Senate.
                    (B) One individual appointed by the Chairman of the 
                Committee on Armed Services of the Senate.
                    (C) One individual appointed by the Chairman of the 
                Committee on Veterans' Affairs of the Senate.
                    (D) One individual appointed by the Chairman of the 
                Committee on Appropriations of the Senate.
                    (E) One individual appointed by the Chairman of the 
                Joint Committee on Taxation.
                    (F) One individual appointed by the Chairman of the 
                Committee on Armed Services of the House of 
                Representatives.
                    (G) One individual appointed by the Chairman of the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
                    (H) One individual appointed by the Chairman of the 
                Committee on Appropriations of the House of 
                Representatives.
                    (I) One individual appointed by the President from 
                each of the following: the Army Emergency Relief 
                Society, the Navy Marine Corps Relief Society, the Air 
                Force Aid Society, and the Coast Guard Mutual 
                Assistance Relief Society.
                    (J) Two individuals appointed by the President from 
                2 veterans service organizations.
            (2) Term.--The term of each member of the advisory board 
        shall be 3 years, except that any member whose term of office 
        has expired shall continue to serve until such member's 
        successor is appointed. No member shall serve more than two 3-
        year terms.
            (3) Appointment of successors.--The appointment of any 
        successor member shall be made in the same manner as the 
        original appointment. If a member dies or resigns before the 
        expiration of the member's term, a successor shall be appointed 
        for the unexpired portion of the term in the same manner as the 
        original appointment.
            (4) Prohibition.--No member of the advisory board may be an 
        employee of the Federal Government.
    (b) Chairman; Vice Chairman.--
            (1) Designation.--The President shall designate a chairman 
        for the advisory board. The advisory board shall not later than 
        its second meeting, by majority vote, designate a vice 
        chairman, who shall perform the duties of the chairman in the 
        absence of the chairman.
            (2) Duties of chairman.--The chairman shall call the 
        meetings of the advisory board, propose meeting agendas, chair 
        the meetings, and establish, with the approval of a majority of 
        the members, the rules and procedures for such meetings.
    (c) Operations of the Board.--The advisory board shall meet semi-
annually, for the purpose of providing ongoing advice to the Armed 
Forces Relief Trust regarding the distribution of contributed funds, 
policies governing said distribution, and the administrative costs and 
operations of the Armed Forces Relief Trust. A majority of the members 
shall constitute a quorum. Advisory board members shall serve without 
compensation. While performing duties as a member of the advisory 
board, each member shall be reimbursed under Federal Government travel 
regulations for travel expenses. Such reimbursements and any other 
reasonable expenses of the advisory board shall be provided by the 
budget of the Executive Office of the President.
    (d) Audit.--The General Accountability Office shall audit the 
distribution and management of funds of the Armed Forces Relief Trust 
on an annual basis to ensure compliance with statutory and 
administrative directives. The Comptroller General of the United States 
shall report to the advisory board and Congress on the results of such 
audit.
    (e) Reports.--Within 60 days after its semi-annual meeting, the 
advisory board shall submit a written report to the President of its 
action, and of its views and recommendations. Any report other than the 
semi-annual report, shall, if approved by a majority of the members of 
the advisory board, be submitted to the President within 60 days after 
such approval.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply to taxable years 
beginning after December 31, 2004.
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