110 HR 4337 IH: Emergency Relief Tax Check-Off for Our U.S. House of Representatives 2007-12-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4337 IN THE HOUSE OF REPRESENTATIVES December 6, 2007 Mr. Shays (for himself, Mr. Edwards, Ms. Ginny Brown-Waite of Florida, Mr. Franks of Arizona, Mr. Manzullo, Mr. Goodlatte, and Mr. Carter) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow individuals an above-the-line deduction for contributions made to the Armed Forces Relief Trust as part of filing their income tax returns.

1.

Short title

This Act may be cited as the Emergency Relief Tax Check-Off for Our Armed Forces Act of 2007.

2.

Above-the-line deduction for certain contributions to the armed forces relief trust

Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (21) the following new paragraph: (22)

Certain contributions to armed forces relief trust

In the case of an individual, the deduction allowed by section 170 to the extent it does not exceed the lesser of— (A)the amount contributed by the taxpayer pursuant to the designation procedure under section 6097, or (B)$1,000 ($2,000 in the case of a joint return). .

3.

Designation of overpayments and contributions for the armed forces relief trust

(a)

In general

Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX

Designation of overpayments and contributions for the armed forces relief trust

Sec. 6097. Designation.

6097.

Designation

(a)

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 taxpayer may designate that— (1)a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and (2)any cash contribution which the taxpayer includes with such return, shall be contributed to the Armed Forces Relief Trust.(b)

Manner and time of designation

A designation under subsection (a) 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 either on the first page of the return or on the page bearing the taxpayer's signature. (c)

Overpayments treated as refunded

For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed. (d)

Explanation

The Secretary shall include in the general instructions for filing returns by individuals of the tax imposed by chapter 1— (1)a description of the deduction under section 62(a)(22) and the designation procedure under this section, (2)an explanation that charitable contributions to the Armed Forces Relief Trust that are not described in section 62(a)(22) are still allowable as a deduction to taxpayers who itemize deductions, and (3)a notice that the use of funds contributed to the Armed Forces Relief Trust under this section shall be determined by the Advisory Board established under subsection (e). (e)

Advisory board

(1)

Appointment

(A)

In general

There is established an advisory board for the Armed Forces Relief Trust. The members of such board shall be appointed as follows: (i)One individual appointed by the Chairman of the Committee on Finance of the Senate. (ii)One individual appointed by the Chairman of the Committee on Armed Services of the Senate. (iii)One individual appointed by the Chairman of the Committee on Veterans' Affairs of the Senate. (iv)One individual appointed by the Chairman of the Committee on Appropriations of the Senate. (v)One individual appointed by the Chairman of the Joint Committee on Taxation. (vi)One individual appointed by the Chairman of the Committee on Armed Services of the House of Representatives. (vii)One individual appointed by the Chairman of the Committee on Veterans' Affairs of the House of Representatives. (viii)One individual appointed by the Chairman of the Committee on Appropriations of the House of Representatives. (ix)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. (x)Two individuals appointed by the President from 2 veterans service organizations. (B)

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 2 3-year terms. (C)

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. (D)

Prohibition

No member of the advisory board may be an employee of the Federal Government. (2)

Chairman; vice chairman

(A)

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. (B)

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. (3)

Operations of 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. (4)

Control over designated funds

Amounts contributed to the Armed Forces Relief Trust pursuant to this section may be used by such Trust only as provided by the advisory board. (5)

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. (6)

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.

. (b)

Clerical amendment

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 overpayments and contributions for the Armed Forces Relief Trust..

4.

Effective date

The amendments made by this Act shall apply to taxable years beginning after December 31, 2006.