109 HR 4449 IH: To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil, to allow a credit against tax for qualified fuel-efficient vehicles placed in service during the taxable year, to establish the Energy Assistance Trust Fund, and for other purposes.
U.S. House of Representatives
2005-12-06
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
109th CONGRESS 1st Session
H. R. 4449
IN THE HOUSE OF REPRESENTATIVES

December 6, 2005
Mr. Pallone introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce and 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 impose a temporary windfall profit tax on crude oil, to allow a credit against tax for qualified fuel-efficient vehicles placed in service during the taxable year, to establish the Energy Assistance Trust Fund, and for other purposes.

1.Short titleThis Act may be cited as the Consumer Energy Assistance and Fairness Act of 2005.
2.Windfall profits tax
(a)In generalSubtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter:

56Windfall profit on crude oil

Sec. 5896. Imposition of tax
Sec. 5897. Windfall profit; removal price; adjusted base price; qualified investment
Sec. 5898. Special rules and definitions
5896.Imposition of tax
(a)In generalIn addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of—
(1)the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over
(2)the amount of qualified investment by such company during such taxable year.
(b)Fractional part of barrelIn the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel.
(c)Tax paid by producerThe tax imposed by this section shall be paid by the producer of the taxable crude oil.
5897.Windfall profit; removal price; adjusted base price; qualified investment
(a)General ruleFor purposes of this chapter, the term windfall profit means the excess of the removal price of the barrel of taxable crude oil over the adjusted base price of such barrel.
(b)Removal priceFor purposes of this chapter—
(1)In generalExcept as otherwise provided in this subsection, the term removal price means the amount for which the barrel of taxable crude oil is sold.
(2)Sales between related personsIn the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613.
(3)Oil removed from property before saleIf crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.
(4)Refining begun on propertyIf the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property—
(A)such oil shall be treated as removed on the day such manufacture or conversion begins, and
(B)the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.
(5)PropertyThe term property has the meaning given such term by section 614.
(c)Adjusted base price defined
(1)In generalFor purposes of this chapter, the term adjusted base price means $40 for each barrel of taxable crude oil plus an amount equal to—
(A)such base price, multiplied by
(B)the inflation adjustment for the calendar year in which the taxable crude oil is removed from the property.The amount determined under the preceding sentence shall be rounded to the nearest cent.
(2)Inflation adjustment
(A)In generalFor purposes of paragraph (1), the inflation adjustment for any calendar year after 2006 is the percentage by which—
(i)the implicit price deflator for the gross national product for the preceding calendar year, exceeds
(ii)such deflator for the calendar year ending December 31, 2005.
(B)First revision of price deflator usedFor purposes of subparagraph (A), the first revision of the price deflator shall be used.
(d)Qualified investmentFor purposes of this chapter—
(1)In generalThe term qualified investment means any amount paid or incurred with respect to—
(A)section 263(c) costs,
(B)qualified refinery property (as defined in section 179C(c) and determined without regard to any termination date),
(C)any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date), or
(D)any facility for the production of alcohol used as a fuel (within the meaning of section 40) or biodiesel or agri-biodiesel used as a fuel (within the meaning of section 40A).
(2)Section 263(c) costsFor purposes of this subsection, the term section 263(c) costs means intangible drilling and development costs incurred by the taxpayer which (by reason of an election under section 263(c)) may be deducted as expenses for purposes of this title (other than this paragraph). Such term shall not include costs incurred in drilling a nonproductive well.
5898.Special rules and definitions
(a)Withholding and deposit of taxThe Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil.
(b)Records and informationEach taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe.
(c)Return of windfall profit taxThe Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896.
(d)DefinitionsFor purposes of this chapter—
(1)ProducerThe term producer means the holder of the economic interest with respect to the crude oil.
(2)Crude oil
(A)In generalThe term crude oil includes crude oil condensates and natural gasoline.
(B)Exclusion of newly discovered oilSuch term shall not include any oil produced from a well drilled after the date of the enactment of the Windfall Profits Rebate Act of 2005, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)).
(3)BarrelThe term barrel means 42 United States gallons.
(e)Adjustment of removal priceIn determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed.
(f)RegulationsThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.
(g)TerminationThis section shall not apply to taxable crude oil removed after the date which is 3 years after the date of the enactment of this section..
(b)Clerical amendmentThe table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Chapter 56. Windfall profit on crude oil..
(c)Deductibility of windfall profit taxThe first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph:

(6)The windfall profit tax imposed by section 5896..
(d)Effective dateThe amendments made by this section shall apply to crude oil removed after December 31, 2005, in taxable years beginning after such date.
3.Fuel-efficient vehicle credit
(a)In generalSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by inserting after section 30C the following new section:

30D.Fuel-efficient vehicle credit
(a)Allowance of creditAt the election of the taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1,000 for any qualified fuel-efficient vehicle placed in service by the taxpayer during the taxable year.
(b)Qualified fuel-efficient vehicleFor purposes of this section, the term qualified fuel-efficient vehicle means a motor vehicle (as defined in section 30(c)(2))—
(1)in which the fuel economy (determined in accordance with section 4064) of such vehicle is rated at not less than 30 miles per gallon, and
(2)which is—
(A)an automobile (as defined in section 4064(b)), or
(B)a truck or van with an unloaded gross vehicle weight rating not greater than 7,500 pounds.
(c)Special rules
(1)Basis reductionThe basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit.
(2)RecaptureThe Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.
(3)Property used outside United States, etc. not qualifiedNo credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 30, 179, or 179A.
(d)Carryforward of unused creditsIf the credit allowable under subsection (a) for any taxable year exceeds—
(1)the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and this part (other than this section), over
(2)the tentative minimum tax for the taxable year,such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.
(e)TerminationThis section shall not apply to taxable years beginning after December 31, 2008..
(b)Clerical amendmentThe table of sections for such subpart B is amended by inserting after the item relating to section 30C the following new item:

Sec. 30D. Fuel-efficient vehicle credit.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2005.
4.Energy assistance trust fund
(a)Creation of trust fundSubchapter A of chapter 98 of such Code is amended by inserting at the end the following new section:

9511.Energy assistance trust fund
(a)Creation of trust fundThere is established in the Treasury of the United States a trust fund to be known as the Energy Assistance Trust Fund, consisting of such amounts as may be appropriated or credited to the Energy Assistance Trust Fund.
(b)Transfer of certain taxesThere are hereby appropriated to the Energy Assistance Trust Fund amounts equivalent to the taxes received in the Treasury under chapter 56.
(c)Expenditures from Energy Assistance Trust FundAs provided by appropriation Acts, amounts in the Energy Assistance Trust Fund shall be available—
(1)to make grants under the Low-Income Gasoline Assistance Program Act, and
(2)to carry out the Low-Income Home Energy Assistance Act of 1981..
(b)Clerical amendmentThe table of sections for subchapter A of chapter 98 of such Code is amended by inserting at the end the following new item:

Sec. 9511. Energy assistance trust fund.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2005.
5.Low-income gasoline assistance program
(a)Short titleThis section may be cited as the Low-Income Gasoline Assistance Program Act.
(b)DefinitionsFor purposes of this section—
(1)Covered activitiesThe term covered activities means—
(A)work activities;
(B)education directly related to employment; or
(C)activities related to necessary scheduled medical treatment.
(2)GasolineThe term gasoline has the meaning given the term in section 4082 of the Internal Revenue Code of 1986.
(3)HouseholdThe term household has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
(4)Poverty level; State median incomeThe terms poverty level and State median income have the meanings given the terms in section 2603 of the Low-Income Home Energy Assistance Act of 1981.
(5)SecretaryThe term Secretary means the Secretary of Health and Human Services.
(6)StateThe term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
(7)Work activitiesThe term work activities has the meaning given the term in section 407(d) of the Social Security Act (42 U.S.C. 607(d)).
(c)Emergency assistance programsThe Secretary shall make grants to States, from allotments made under subsection (d), to enable the States to establish emergency assistance programs and to provide, through the programs, payments to eligible households to enable the households to purchase gasoline.
(d)State allotmentsFrom the funds appropriated under subsection (l) for a fiscal year and remaining after the reservation made in subsection (k), the Secretary shall allot to each State an amount that bears the same relation to such remainder as the amount the State receives under section 675B of the Community Services Block Grant Act (42 U.S.C. 9906) for that year bears to the amount all States receive under that section for that year.
(e)State applications
(1)In generalTo be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(2)ContentsAt a minimum, the application shall contain—
(A)information designating a State agency to carry out the emergency assistance program in the State, which shall be—
(i)the State agency specified in the State plan submitted under section 402 of the Social Security Act (42 U.S.C. 602); or
(ii)the State agency designated under section 676(a) of the Community Services Block Grant Act (42 U.S.C. 9908(a)); and
(B)information describing the emergency assistance program to be carried out in the State.
(f)Participation of Indian tribes
(1)ReservationIf, with respect to a State, the Secretary—
(A)receives a request from the governing body of an Indian tribe or tribal organization in the State that assistance under this section be made directly to the tribe or organization; and
(B)determines that the members of the tribe or organization would be better served by means of grants made directly to provide benefits under this section,the Secretary shall reserve from amounts that would otherwise be allotted to the State under subsection (d) for the fiscal year the amount determined under paragraph (2).
(2)Determination of reserved amountThe Secretary shall reserve from amounts that would otherwise be allotted to the State not less than 100 percent of an amount that bears the same ratio to the State allotment for the fiscal year involved as the population of all eligible Indians for whom a determination has been made under paragraph (1) bears to the population of all individuals in the State who are eligible for assistance through a grant made under this section.
(3)AwardsThe sums reserved by the Secretary on the basis of a determination made under paragraph (1) shall be made available by grant to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.
(4)PlanIn order for an Indian tribe or tribal organization to be eligible for a grant award for a fiscal year under this section, the tribe or organization shall submit to the Secretary a plan for the fiscal year that meets such criteria as the Secretary may prescribe by regulation.
(5)DefinitionsFor purposes of this subsection—
(A)Indian tribe; tribal organizationThe terms Indian tribe and tribal organization mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose.
(B)IndianThe term Indian means a member of an Indian tribe or of a tribal organization.
(g)Eligible households
(1)In generalTo be eligible to receive a payment from a State under this section, a household shall submit an application to the State at such time, in such manner, and containing such information as the State may require.
(2)ContentsThe applicant shall include in the application information demonstrating that—
(A)in the case of a household that is not located in Hawaii, 1 or more individuals in the applicant’s household individually drive not less than 30 miles per day, or not less than 150 miles per week, to or from covered activities; and
(B)
(i)the household meets the eligibility requirements of section 2605(b)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than clause (i) of that section; or
(ii)the household income for the household does not exceed the greater of—
(I)an amount equal to 150 percent of the poverty level for the State involved; or
(II)an amount equal to 60 percent of the State median income.
(3)RuleFor purposes of paragraph (2)(B)(ii), a State—
(A)may not exclude a household from eligibility for a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for such State; but
(B)may give priority to those households with the highest gasoline costs or needs in relation to household income.
(h)Program requirements
(1)Determination of trigger amount
(A)Determination of gasolineThe Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall determine a grade of gasoline for which price determinations will be made under this subsection, which shall be a type of gasoline that has a specified octane rating or other specified characteristic.
(B)Determination of calculationThe Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall determine a method for calculating the average per gallon price of the covered grade of gasoline in each State.
(C)BaselineThe Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate, in accordance with subparagraph (B), the average per gallon price of the covered grade of gasoline in each State for January 2005.
(D)Trigger and release pricesThe Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate—
(i)the trigger price for each State by multiplying the price calculated under subparagraph (C) by 115 percent; and
(ii)the release price for each State by multiplying the price calculated under subparagraph (C) by 110 percent.
(2)Payments
(A)Availability
(i)Monthly price calculationThe Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate, in accordance with paragraph (1)(B), the average per gallon price of the covered grade of gasoline in each State for each month.
(ii)DeterminationIf the Secretary of Health and Human Services, in consultation with the Secretary of Energy, determines that the price in a State calculated under paragraph (1)(B) for a month—
(I)is more than the trigger price for the State, the State shall provide payments in accordance with this subsection for the following month; and
(II)is less than the release price for the State, the State shall suspend provision of the payments, not earlier than 30 days after the date of the determination, for the following month.
(B)General authorityExcept as provided in paragraph (3), the State shall use funds received through a grant made under subsection (c)(including a grant increased pursuant to subsection (j)) and any funds made available to the State under section 404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to make payments under this Act to eligible households.
(C)PeriodAn eligible household with an application approved under subsection (e) may receive payments under this Act for not more than 3 months. The household may submit additional applications under subsection (e), and may receive payments under this Act for not more than 3 months for each such application approved by the State.
(D)AmountThe State shall make the payments in amounts of not less than $25, and not more than $75, per month. The State may determine the amount of the payments on a sliding scale, taking into consideration the household income of the eligible households.
(3)State administrationThe State may use not more than 10 percent of the funds described in paragraph (2)(B) to pay for the cost of administering this Act.
(4)DefinitionsFor purposes of this subsection:
(A)Covered gradeThe term covered grade means the grade of gasoline determined under paragraph (1)(A).
(B)Release priceThe term release price means the release price calculated under paragraph (1)(D)(ii).
(C)Trigger priceThe term trigger price means the trigger price calculated under paragraph (1)(D)(i).
(i)Treatment of benefits
(1)Income or resourcesNotwithstanding any other law, the value of any payment provided under this section shall not be treated as income or resources for purposes of—
(A)any other Federal or federally assisted program that bases eligibility, or the amount of benefits, on need; or
(B)the Internal Revenue Code of 1986.
(2)TANF assistanceFor purposes of part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), a payment provided under this section shall not be considered to be assistance provided by a State under that part, regardless of whether the State uses funds made available under section 404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to make payments under this Act. The period for which such payments are provided under this section shall not be considered to be part of the 60-month period described in section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)).
(j)Authority to use funds for temporary assistance for needy familiesSection 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended—
(1)in paragraph (3)(A), by striking paragraph (1) and inserting paragraph (1) or (4); and
(2)by adding at the end the following:

(4)Other State programsA State may use funds from any grant made to the State under section 403(a) for a fiscal year to carry out a State program pursuant to the Low-Income Gasoline Assistance Program Act..
(k)Discretionary activities by the SecretaryThe Secretary of Health and Human Services may reserve not more than 5 percent of the funds appropriated under subsection (l) for a fiscal year—
(1)to pay for the cost of administering this section; and
(2)to increase the cost of a grant made to a State under subsection (c), in any case in which the Secretary determines that emergency conditions relating to gasoline prices exist in that State.
(l)Authorization of appropriations
(1)In generalThere is authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2006 and each subsequent fiscal year.
(2)AvailabilityAny sums appropriated under paragraph (1) for a fiscal year shall remain available until the end of the succeeding fiscal year.


113 HRES 609 IH: Expressing condolences and support for assistance to the victims of the historic flooding in the Western Balkans.
U.S. House of Representatives
2014-05-30
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.

IV
113th CONGRESS
2d Session
H. RES. 609
IN THE HOUSE OF REPRESENTATIVES

May 30, 2014
Mr. Hastings of Florida (for himself and Mr. Aderholt) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION
Expressing condolences and support for assistance to the victims of the historic flooding in the Western Balkans.

Whereas record rainfall beginning on May 13, 2014, has caused widespread flooding in Bosnia and Herzegovina, the Republic of Croatia, and the Republic of Serbia, causing thousands of landslides, massive destruction, and loss of life;
Whereas as of May 22, 2014, the flooding had caused over 40 deaths and impacted over 500,000 people across the region, particularly in western Serbia and eastern Bosnia and Herzegovina;
Whereas the equivalent of 3 months of rain fell during the course of 3 days, making this the worst flooding event seen in Serbia and Bosnia and Herzegovina in 120 years;
Whereas the flooding has left thousands stranded in their homes waiting for assistance, displaced, or homeless;
Whereas according to the Red Cross, 300,000 people in Serbia and 50,000 people in Bosnia and Herzegovina are without clean water or electricity;
Whereas the Bosnian Foreign Ministry has reported that the flooding has rendered 100,000 buildings unusable, 500,000 people have evacuated or fled their homes, and 14 municipalities are in a state of emergency;
Whereas the Government of Serbia has described the situation in the country as catastrophic, and estimates that at least 25,000 people have evacuated, particularly in the town and municipality of Obrenovac, and that the flooding has caused over 100,000,000 Euros ($140 million) in damage to the Kolubara coal mine that supplies the Kostolac power plant;
Whereas soldiers and energy workers scrambled to erect sandbag barriers to protect the Kostolac power plant and the Nikola Tesla power plant, which provides half of the nation’s electricity, from the waters of the over-flooded Sava River;
Whereas an estimated 100,000 landmines remaining from the Balkan conflicts of the 1990s have been lost or dislodged due to landslides, causing great concern for public safety;
Whereas the United States Government has provided $100,000 in assistance through the Office of U.S. Foreign Disaster Assistance (OFDA) as a grant to the Serbian Red Cross, which has been used to procure 3 boats and trailers to deliver to the Ministry of Interior, and $50,000 from the Under Secretary of State for Public Diplomacy and Public Affairs to fund flood cleanup projects with non-governmental organizations (NGOs);
Whereas in addition, United States Embassy funds have been used to purchase sandbags and other material assistance to respond to flooding, and Embassy volunteers filled hundreds of sandbags in a Belgrade suburb still threatened by Sava River flooding on May 18, 2014, and donated 1,000 more sandbags on May 19, 2014;
Whereas the United States Government has further provided $50,000 in OFDA assistance to Bosnia and Herzegovina, as well as donated 26 boats through the U.S. Agency for International Development (USAID) and 5 trucks of food and supplies worth over $650,000 for Banja Luka, and the Department of Defense is also providing supplies to people affected by the flooding; and
Whereas Bosnia and Herzegovina, the Republic of Croatia, and the Republic of Serbia share an increasing commitment to core democratic values, reconciliation, and European integration: Now, therefore, be it

That the House of Representatives—
(1)expresses deep sympathy to all those affected by the flooding in the Western Balkans for the terrible loss of life and massive destruction;
(2)expresses solidarity with the people of Bosnia and Herzegovina, the Republic of Croatia, and the Republic of Serbia, as well as a continued desire to provide essential assistance to help their countries recover from the natural disaster;
(3)expresses ongoing support for humanitarian and reconstruction assistance provided by relief agencies and the international community as immediate and long-term needs are identified;
(4)commends local authorities, first responders and rescue personnel, NGOs, volunteers, and everyday citizens for their efforts to organize and deliver disaster relief to communities in need across Bosnia and Herzegovina, the Republic of Croatia, and the Republic of Serbia; and
(5)urges additional assistance by other nations and organizations as needed to alleviate the difficult circumstances and suffering of the people of Bosnia and Herzegovina, the Republic of Croatia, and the Republic of Serbia, and assist them in their recovery efforts.


116 HR 8607 IH: U.S. Postal Service Accountability and Voting Rights Act
U.S. House of Representatives
2020-10-16
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.

I116th CONGRESS2d SessionH. R. 8607IN THE HOUSE OF REPRESENTATIVESOctober 16, 2020Mr. Larson of Connecticut (for himself and Mr. Courtney) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, and Armed Services, 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 concernedA BILLTo protect and promote the ability of members of the Armed Forces and citizens to vote by mail, and for other purposes.1.Short titleThis Act may be cited as the U.S. Postal Service Accountability and Voting Rights Act.2.Postal service operation and level of service changes temporarily prohibited(a)In generalDuring the period beginning on the date of the enactment of this Act and ending on January 31, 2021, the United States Postal Service may not implement or approve any change to the operations or the level of service provided by the Postal Service from those in effect on January 1, 2020, that would reduce service performance or impede prompt, reliable, and efficient services, including any of the following actions:(1)Any change in the nature of postal services which will generally affect service on a nationwide or substantially nationwide basis.(2)Any revision of service standards.(3)Any closure or consolidation of any post office or postal facility, or any reduction of such office or facility hours.(4)Any prohibition or restriction on the use of overtime or overtime pay to Postal Service officers or employees.(5)Any change that would prevent the Postal Service from meeting its service standards or cause a decline in measurements of performance relative to those service standards.(6)Any change that would have the effect of delaying deferring, or curtailing mail, allowing for the non-delivery of mail to a delivery route, or increasing the volume of undelivered mail.(7)Treating election mail as any class of mail other than first-class mail, regardless of whether such treatment requires payment of overtime pay to officers or employees of the Postal Service.(8)Removing, decommissioning, or any other stoppage of mail sorting machines, other than for routine maintenance.(9)Removing or eliminating any mail collection box that is available to the public.(10)Enacting any rule, policy, or standard the purpose or effect of which would delay the delivery of mail to or from a government entity.(11)Instituting any hiring freeze.(b)Reversal of policies hindering delivery of mailNot later than 30 days after the date of the enactment of this Act, the Postal Service shall reverse any initiative or action that was implemented during the period beginning on January 1, 2020, and ending on the date of the enactment of this Act and is causing delay in processing or delivery or non-delivery of the mail. (c)DefinitionsIn this section:(1)Election mailThe term election mail means mail consisting of—(A)voter registration application forms, completed voter registration application forms, and voter registration cards or similar materials;(B)absentee and other mail-in ballot application forms, blank absentee and other mail-in ballots, and completed absentee and other mail-in ballots; and(C)other materials relating to an election which are mailed by a State or local election official to individuals who are registered to vote in the election.(2)Government entityThe term government entity means the Federal Government or any State (as that term is defined in section 311 of title 5, United States Code) or local government and any subdivision thereof.(d)Authorization of appropriationsThere is authorized to be appropriated to the Postal Service Fund (established under section 2003 of title 39, United States Code) $1,000,000,000 for fiscal years 2020 and 2021 to carry out this section. 3.Prohibiting certain operational and level of service changes(a)In generalDuring any calendar year beginning after the date of the enactment of this Act in which a Federal election is held, the Postal Service may not implement or approve any change to the operations or the level of service provided by the Postal Service from those in effect on January 1 of the calendar year, that would reduce service performance or impede prompt, reliable, and efficient services, including the actions described in paragraphs (1) through (11) of section 2(a).(b)Service to military and families of militaryThe Postal Service may not implement or approve any change that reduces the level of service with respect to absent uniformed service voters or overseas voters below the level of service in effect on January 1, 2020.4.Tracking program for absentee ballots and voter registration application forms; availability of Federal write-in absentee ballot for all voters(a)RequirementsTitle III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—(1)by redesignating section 304 as section 305; and(2)by inserting after section 303 the following new sections:304.Absentee ballot and voter registration application form tracking program(a)Absentee ballot tracking(1)RequirementEach State shall carry out a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot by means of online access using the Internet site of the official’s office.(2)Information on whether vote was countedThe information referred to under paragraph (1) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor.(b)Voter registration application form tracking(1)RequirementEach State shall carry out a program to track and confirm the receipt of voter registration application forms in an election for Federal office under which the State or local election official responsible for processing such forms carries out procedures to track and confirm the receipt of such forms, and makes information on the receipt of such forms available to the individual applicant by means of online access using the Internet site of the official’s office.(2)Information on whether form was acceptedThe information referred to under paragraph (1) with respect to the receipt of a voter registration application form shall include information regarding whether the form was accepted and the applicant is registered to vote in the election for Federal office, and, in the case of a form which was not accepted, the reasons therefor.(c)Use of Toll-Free Telephone Number by Officials Without Internet SiteA program established by a State or local election official whose office does not have an Internet site may meet the requirements of subsections (a) and (b) if the official has established a toll-free telephone number that may be used—(1)by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under subsection (a); and(2)by an individual applicant for voter registration to obtain the information on the receipt of the voter registration application form as provided under subsection (b).(d)Effective dateThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.(e)Authorization of appropriationsThere is authorized to be appropriated $1,000,000,000 for each of fiscal years 2021 through 2023 to carry out this section..(b)Conforming amendment relating to enforcementSection 401 of such Act (52 U.S.C. 21111) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III.(c)Clerical amendmentThe table of contents of such Act is amended—(1)by redesignating the item relating to sections 304 as relating to section 305; and(2)by inserting after the item relating to section 303 the following new item:Sec. 304. Absentee ballot and voter registration application form tracking program. .5.Promoting use of Federal write-in absentee ballot under Uniformed and Overseas Citizens Absentee Voting Act(a)Eliminating exemptions for States using alternative ballots and States making ballots available 90 days before electionSection 103 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20303) is amended—(1)by striking subsections (e) and (g); and(2)by redesignating subsection (f) as subsection (e).(b)Effective dateThe amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office.6.Reports to Congress(a)Initial reportNot later than 30 days after the date of the enactment of this Act, the Postmaster General shall submit to Congress a report on any change to the operations or the level of service provided by the Postal Service from those in effect on January 1, 2020, that—(1)reduced service performance or impeded prompt, reliable, and efficient services, including any actions described in paragraphs (1) through (11) of section 2(a); and(2)was implemented or approved during the period beginning on June 15, 2020, and ending on the date of the enactment of this Act.(b)Biennial reportNot later than January 1 of any odd-numbered calendar year beginning after the date of the enactment of this Act, the Postmaster General shall submit to Congress a report on any changes described in section 2(a) that were implemented or approved during the previous calendar year.(c)Military and overseas absentee votingNot later 30 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, acting through the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act, shall submit to Congress a report on how changes to the operations or level of service provided by the Postal Service affect absentee voting by absent uniformed service voters and overseas voters under such Act.(d)Implementation of Military and Overseas Voter Empowerment ActNot later than 30 days after the date of the enactment of this Act and annually thereafter, the Inspector General of the Department of Defense shall submit to Congress a report on the effectiveness of the implementation of the Military and Overseas Voter Empowerment Act (subtitle H of title V of the National Defense Authorization Act for Fiscal Year 2010; Public Law 111–84) and the amendments made by such Act, including the effectiveness of such Act and such amendments in promoting registration and voting by absent uniformed service voters and overseas voters and in increasing the availability and effectiveness of voter registration and voting assistance services for such voters, and shall include in the report such recommendations as the Inspector General considers appropriate for improving the availability and effectiveness of such services for such voters.7.Cyberspace information threat training(a)In generalIn addition to any currently mandated training, the Secretary of Defense shall annually furnish to all members of the Armed Forces and all civilian employees of the Department of Defense training regarding cyberspace information threats.(b)DefinitionsIn this section—(1)Covered entityThe term covered entity means—(A)a government of a foreign country or an agency or instrumentality of a foreign country;(B)a foreign person that is aided, abetted, or directed by a government of a foreign country or an agency or instrumentality of a foreign country;(C)a terrorist organization; or(D)any other foreign adversary of the United States.(2)Cyberspace information threatThe term cyberspace information threat means any true, false, or misleading information from a covered entity that is—(A)communicated through cyberspace; and(B)misleading or influential in a manner that constitutes a threat to national security or to the democratic processes of the United States, or that operates to the advantage of a covered entity.8.DefinitionsIn this Act:(1)Absent uniformed service voter; overseas voterThe terms absent uniformed service voter and overseas voter have the meanings given such terms in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310).(2)Federal electionsThe term Federal election means a regularly scheduled general election for Federal office.(3)Postal ServiceThe term Postal Service has the meaning given such term in section 102 of title 39, United States Code.


		I
		111th CONGRESS
		2d Session
		H. R. 6146
		IN THE HOUSE OF REPRESENTATIVES

			September 16, 2010
			Ms. Giffords
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to make permanent
		  home loan guaranty programs for veterans regarding adjustable rate mortgages
		  and hybrid adjustable rate mortgages.

		1.Short titleThis Act may be cited as the
			 Warrior Home Loan Act.
		2.Making permanent
			 certain home loan guaranty programs for veterans
			(a)Extension of
			 Demonstration Project on Adjustable Rate MortgagesSection
			 3707(a) of title 38, United States Code, is amended by striking carry
			 out a demonstration project under this section during fiscal years 1993 through
			 2012 and inserting carry out a program.
			(b)Extension of
			 Demonstration Project on Hybrid Adjustable Rate MortgagesSection 3707A(a) of such title is amended
			 by striking carry out a demonstration project under this section during
			 fiscal years 2004 through 2012 and inserting carry out a
			 program.


110 HRES 938 EH: Commending the West Virginia University

U.S. House of Representatives
2008-01-28
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.

		IV
		110th CONGRESS
		2d Session
		H. RES. 938
		In the House of Representatives, U.
		  S.,

			January 28, 2008

		RESOLUTION
		Commending the West Virginia University
		  Mountaineer football team for exemplifying the pride, determination, and spirit
		  of the Mountain State and overcoming adversity with skill, commitment, and
		  teamwork to win the 2008 Tostitos Fiesta Bowl.

		Whereas the West Virginia University Mountaineer football
			 team won the 2008 Tostitos Fiesta Bowl, defeating the University of Oklahoma
			 Sooners by a score of 48 to 28 in Glendale, Arizona, on January 2, 2008;
		Whereas the Mountaineer football team has been a source of
			 great pride for West Virginians throughout the years;
		Whereas the people of West Virginia take their team’s
			 triumphs and setbacks as their own, in times of hardship and prosperity;
		Whereas the Mountaineers displayed uncommon intensity and
			 determination in preparing for the challenge of meeting one of the best teams
			 in the country in the Tostitos Fiesta Bowl;
		Whereas the Mountaineers executed an almost flawless
			 game;
		Whereas then-assistant coach Bill Stewart demonstrated
			 true leadership and coaching skill by filling an unexpected coaching void,
			 instilling confidence in his team, and leading them to victory, earning the
			 admiration and gratitude of his fellow West Virginians;
		Whereas the Fiesta Bowl Most Valuable Player on offense,
			 Mountaineer quarterback Pat White, gave a brilliant running and passing
			 performance that inspired his teammates, delighted his fans, and frustrated his
			 opponents;
		Whereas the Fiesta Bowl Most Valuable Player on defense,
			 Mountaineer linebacker and native West Virginian Reed Williams, led his
			 teammates in an outstanding defensive performance;
		Whereas Mountaineer senior fullback Owen Schmitt, through
			 his steady play and gracious post-game words of victory, displayed the best
			 qualities of team play and sportsmanship;
		Whereas Mountaineer receiver Tito Gonzales demonstrated
			 outstanding play with a 79-yard touchdown pass and showed a national television
			 audience how important Mountaineer success was to his team and his
			 State;
		Whereas Mountaineer freshman tailback Noel Devine gave a
			 spirited and skillful performance worthy of his injured teammate and mentor,
			 record-breaking tailback Steve Slaton;
		Whereas the Mountaineers’ offensive line dominated the
			 battle in the trenches, making possible the outstanding performances of White,
			 Devine, Schmitt, receiver Darius Reynaud, kicker Pat McAfee, and the other
			 offensive stars of the day;
		Whereas the Mountaineers' attacking defense forced the
			 Sooner offense to yield the field time and again;
		Whereas the Mountaineers finished among the top 10 in
			 college football rankings for 3 years in a row;
		Whereas Mountaineer athletic director Ed Pastilong has
			 instilled in the athletic department of West Virginia University the highest
			 standards of ethics and performance throughout his many years of leadership;
			 and
		Whereas the Mountaineers and their new head coach Bill
			 Stewart have brought great honor to themselves, their university, and the State
			 of West Virginia: Now, therefore, be it

		That the House of
			 Representatives—
			(1)congratulates the
			 West Virginia University Mountaineer football team for winning the 2008
			 Tostitos Fiesta Bowl; and
			(2)commends the team
			 for demonstrating throughout the season the best qualities of teamwork,
			 dedication, and sportsmanship.

			Lorraine C. Miller,
			Clerk.


116 S1225 IS: Elder Pride Act of 2019
U.S. Senate
2019-04-29
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.

II116th CONGRESS1st SessionS. 1225IN THE SENATE OF THE UNITED STATESApril 29, 2019Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Older Americans Act of 1965 to establish the Office of Older LGBT Policy and a rural
			 outreach grant program carried out by such Office, and for other purposes.

 1.Short titleThis Act may be cited as the Elder Pride Act of 2019.
 2.DefinitionsSection 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended— (1)by redesignating paragraphs (34) through (40) and paragraphs (41) through (54) as paragraphs (35) through (41) and paragraphs (43) through (56), respectively;
 (2)by inserting after paragraph (33) the following:  (34)The term LGBT means lesbian, gay, bisexual, or transgender.; and
 (3)by inserting after paragraph (41), as so redesignated, the following:  (42)The term older LGBT individual means an older individual that identifies as LGBT..
			3.Office of older LGBT policy
			(a)Establishment
 (1)In generalSection 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended by adding at the end the following:

 (g)(1)There is established in the Administration an Office of Older LGBT Policy (referred to in this subsection as the Office).
 (2)The Office shall be headed by a Director of the Office of Older LGBT Policy (referred to in this subsection as the Director) who shall be appointed by the Assistant Secretary.
 (3)The Director shall— (A)coordinate activities within the Department of Health and Human Services, and between other Federal departments and agencies, to assure a continuum of improved services for older LGBT individuals;
 (B)serve as the effective and visible advocate on behalf of older LGBT individuals— (i)within the Department of Health and Human Services and with other departments and agencies of the Federal Government regarding all Federal policies affecting such individuals; and
 (ii)in the States to promote the enhanced delivery of services and implementation of programs, under this Act and other Federal Acts, for the benefit of such individuals;
 (C)support, conduct, and arrange for research in the field of LGBT aging with a special emphasis on gathering statistics on older LGBT individuals;
 (D)collect and disseminate information related to challenges experienced by older LGBT individuals with an emphasis on the challenges experienced by older LGBT individuals residing in rural areas and older LGBT individuals living with human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS);
 (E)recommend policies and priorities beneficial to older LGBT individuals and promote the implementation and adoption of culturally competent care and services for such individuals; and
 (F)administer and evaluate grants that will help older LGBT individuals, including grants under section 423.
 (4)Not later than 5 years after the date of enactment of the Elder Pride Act of 2019, and every 5 years thereafter, the Director shall submit to Congress a report describing the activities carried out under this subsection during the preceding 5 fiscal years..
 4.Rural outreach grant programPart A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following:

				423.Rural outreach grant program
 (a)DefinitionsIn this section: (1)DirectorThe term Director means the Director of the Office of Older LGBT Policy, established under section 201(g).
 (2)Eligible EntityThe term eligible entity— (A)means an entity that submits an application to the Director in accordance with subsection (d), and is—
 (i)a State; or (ii)an agency, organization, or institution that focuses on serving the needs of older individuals or LGBT individuals; and
 (B)may include an area agency on aging for a rural area or a multipurpose senior center. (3)Rural areaThe term rural area means an area that is not designated by the United States Census Bureau as an urbanized area or urban cluster.
 (b)PurposeThe purpose of this section is to provide eligible entities with resources and incentives to devise a long-term comprehensive strategy for connecting with older LGBT individuals residing in rural areas and meeting the needs of such individuals.
 (c)Authority for grantsThe Director may, for the purpose described in subsection (b), make grants to eligible entities to carry out activities approved by the Director in accordance with subsection (e).
					(d)Applications
 (1)In generalAn eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including the contents described in paragraph (2).
 (2)ContentsAn application for a grant under this section shall contain— (A)a description of the proposed activities to be supported by the grant;
 (B)a description of the size and characteristics of the population in a rural area served by such activities;
 (C)a description of the public and private resources expected to be made available in connection with such activities;
 (D)a demonstrated intent to partner with local organizations in rural areas in carrying out such activities;
 (E)evidence in a form acceptable to the Director that such activities will meet urgent needs that are not met by available public and private sources; and
 (F)such other information or certifications that the Director determines necessary to achieve the purpose described in subsection (b).
							(e)Approved activities
 (1)In generalA grant under this section shall be available only for activities approved by the Director to carry out a strategy designed to create a cooperative and lasting partnership between older LGBT individuals residing in rural areas and the eligible entity receiving the grant.
 (2)Approved activitiesActivities approved by the Director may include initiatives that— (A)engage in education and training around community outreach to older LGBT individuals residing in rural areas;
 (B)reduce isolation and improve access to care for older LGBT individuals residing in rural areas by building relationships between such individuals and the local community;
 (C)foster relationships between local LGBT-affirming service providers and older LGBT individuals residing in rural areas;
 (D)improve LGBT cultural competency among organizations and personnel providing services to older individuals residing in rural areas; and
 (E)expand the use of nondiscrimination policies that— (i)protect sexual orientation and gender identity; and
 (ii)create community spaces that are inclusive to older LGBT individuals. (f)Standards and guidelinesThe Director shall establish standards and guidelines for approved activities supported by a grant under this section. Such standards and guidelines shall permit an eligible entity receiving such a grant to refine or adapt the standards and guidelines for an individual project, where such a refinement or adaptation is made necessary by a local circumstance.
					(g)Coordination with local entities
 (1)CooperationAn eligible entity receiving a grant under this section shall, in carrying out the approved activities supported by the grant, agree to cooperate and coordinate with—
 (A)the agencies of the relevant State and local governments responsible for providing services to older LGBT individuals in the area served by such activities; and
 (B)other public and private organizations and agencies providing services for older LGBT individuals in such area.
 (2)PrioritizationAn eligible entity receiving a grant under this section shall prioritize cooperating and coordinating with public and private organizations and agencies that primarily serve economically underserved populations, as determined by the Director.
 (h)ReportsNot later than 2 years after the date of enactment of the Elder Pride Act of 2019, and every 2 years thereafter, the Director shall submit to Congress a report describing the activities carried out under this section during the preceding 2 fiscal years..


		I
		112th CONGRESS
		1st Session
		H. R. 2048
		IN THE HOUSE OF REPRESENTATIVES

			May 26, 2011
			Mr. Ryan of Ohio
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To expand the eligibility for the provision of Government
		  headstones, markers, and medallions for veterans buried at private
		  cemeteries.

		1.Expansion of eligibility for
			 the provision of Government headstones, markers, and medallions for veterans
			 buried at private cemeteriesSection 203(b) of the Dr. James Allen
			 Veteran Vision Equity Act of 2007 (Public Law 110–157; 38 U.S.C. 2306 note) is
			 amended—
			(1)by striking
			 headstones and markers and inserting headstones, markers,
			 and medallions; and
			(2)by striking
			 on or after and inserting before, on, or
			 after.


IV
108th CONGRESS
2d Session
H. CON. RES. 427
IN THE HOUSE OF REPRESENTATIVES

May 17, 2004
Ms. Baldwin (for herself, Mr. McDermott, Mr. Conyers, Mr. Scott of Georgia, Mr. Brown of Ohio, Ms. Kaptur, Mr. Berman, Ms. Lofgren, Mr. Frost, Mr. Capuano, Ms. Lee, Mrs. Jones of Ohio, Mr. Grijalva, Mr. Kucinich, Mr. Rahall, Ms. Slaughter, Mr. Owens, Mr. Honda, Mr. Hoyer, Mr. Thompson of Mississippi, Ms. Jackson-Lee of Texas, Mr. Watt, and Mr. Sanders) submitted the following concurrent resolution; which was referred to the Committee on Government Reform

CONCURRENT RESOLUTION
Expressing the sense of the Congress that a commemorative postage stamp should be issued in honor of Charles Hamilton Houston.

Whereas Charles Hamilton Houston was the first African American to earn a Doctor of Juridical Science degree from Harvard University and the first African American to serve as editor of the Harvard Law Review;
Whereas Charles Hamilton Houston, while serving as vice dean of Howard Law School, made that institution a training ground for African American lawyers to challenge segregation through the legal system;
Whereas Charles Hamilton Houston was the mentor, law professor, and one-time supervising attorney of former Supreme Court Justice Thurgood Marshall, and, according to the late Justice Marshall, laid the groundwork for the 14th amendment equal protection cases establishing the unconstitutionality of racial segregation and discrimination;
Whereas Charles Hamilton Houston served as the first full-time paid special counsel to the National Association for the Advancement of Colored People, in which capacity he crafted the strategy for ending segregation in schools and successfully argued precedent-setting cases;
Whereas Charles Hamilton Houston has been honored with the naming of awards, medallions, symposia, public schools, professional organizations, and other voluntary associations by citizens of the District of Columbia, California, the Commonwealths of Virginia and Massachusetts; faculty, students, and alumni of Amherst College, Harvard Law School, and Howard Law School; and national and local bar associations across the length and breadth of this Nation;
Whereas Charles Hamilton Houston dedicated his life to achieving justice and putting an end to racial segregation; and
Whereas Charles Hamilton Houston was one of the architects of the civil rights movement: Now, therefore, be it

That
it is the sense of the Congress that—
(1)a commemorative postage stamp should be issued by the United States Postal Service in honor of Charles Hamilton Houston; and
(2)the Citizens’ Stamp Advisory Committee should recommend to the Postmaster General that such a postage stamp be issued.


110 HR 718 IH: National Guard Empowerment Act of

U.S. House of Representatives
2007-01-30
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. 718
		IN THE HOUSE OF REPRESENTATIVES

			January 30, 2007
			Mr. Tom Davis of
			 Virginia (for himself, Mr.
			 Taylor, Mr. Hayes, and
			 Mr. Butterfield) introduced the
			 following bill; which was referred to the Committee on Armed Services

		A BILL
		To amend title 10, United States Code, to enhance the
		  national defense through empowerment of the Chief of the National Guard Bureau
		  and the enhancement of the functions of the National Guard Bureau, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 National Guard Empowerment Act of
			 2007.
		2.Expanded authority of
			 Chief of the National Guard Bureau and expanded functions of the National Guard
			 Bureau
			(a)Expanded
			 authority
				(1)In
			 generalSubsection (a) of
			 section 10501 of title 10, United States Code, is amended by striking
			 joint bureau of the Department of the Army and the Department of the Air
			 Force and inserting joint activity of the Department of
			 Defense.
				(2)PurposeSubsection (b) of such section is amended
			 by striking between and all that follows and inserting
			 “between—

						(1)(A)the Secretary of Defense, the Joint Chiefs
				of Staff, and the commanders of the combatant commands of the United States,
				and (B) the Department of the Army and the Department of the Air Force;
				and
							(2)the several
				States.
						.
				(b)Enhancements of
			 position of Chief of National Guard Bureau
				(1)Advisory function
			 on national guard mattersSubsection (c) of section 10502 of title
			 10, United States Code, is amended by inserting to the Secretary of
			 Defense, to the Chairman of the Joint Chiefs of Staff, after
			 principal adviser.
				(2)Member of Joint
			 Chiefs of Staff(A)Such section is further amended—
						(i)by redesignating subsections (d) and (e) as
			 subsections (e) and (f), respectively; and
						(ii)by inserting after subsection (c) the
			 following new subsection (d):

								(d)Member of Joint
				Chiefs of StaffThe Chief of
				the National Guard Bureau shall perform the duties prescribed for him or her as
				a member of the Joint Chiefs of Staff under section 151 of this
				title.
								.
						(B)Section 151(a) of such title is amended by
			 adding at the end the following new paragraph:

							(7)The Chief of the National Guard
				Bureau.
							.
					(3)GradeSubsection (e) of such section, as
			 redesignated by paragraph (2)(A)(i) of this subsection, is further amended by
			 striking lieutenant general and inserting
			 general.
				(4)Annual report to
			 congress on validated requirementsSection 10504 of such title is amended by
			 adding at the end the following new subsection:

						(c)Annual report on
				validated requirementsNot
				later than December 31 each year, the Chief of the National Guard Bureau shall
				submit to Congress a report on the following:
							(1)The requirements validated under section
				10503a(b)(1) of this title during the preceding fiscal year.
							(2)The requirements referred to in paragraph
				(1) for which funding is to be requested in the next budget for a fiscal year
				under section 10544 of this title.
							(3)The requirements referred to in paragraph
				(1) for which funding will not be requested in the next budget for a fiscal
				year under section 10544 of this
				title.
							.
				(c)Enhancement of
			 functions of National Guard Bureau
				(1)Development of
			 charterSection 10503 of
			 title 10, United States Code, is amended—
					(A)in the matter preceding paragraph (1), by
			 striking The Secretary of the Army and the Secretary of the Air Force
			 shall jointly develop and inserting The Secretary of Defense, in
			 consultation with the Secretary of the Army and the Secretary of the Air Force,
			 shall develop; and
					(B)in paragraph (12), by striking the
			 Secretaries and inserting the Secretary of
			 Defense.
					(2)Additional
			 general functionsSuch
			 section is further amended—
					(A)by redesignating paragraph (12), as amended
			 by paragraph (1)(B) of this subsection, as paragraph (13); and
					(B)by inserting after paragraph (11) the
			 following new paragraph (12):

							(12)Facilitating and coordinating with other
				Federal agencies, and with the several States, the use of National Guard
				personnel and resources for and in contingency operations, military operations
				other than war, natural disasters, support of civil authorities, and other
				circumstances.
							.
					(3)Military
			 assistance for civil authoritiesChapter 1011 of such title is further
			 amended by inserting after section 10503 the following new section:

						10503a.Functions of
				National Guard Bureau: military assistance to civil authorities
							(a)Identification
				of additional necessary assistanceThe Chief of the National Guard Bureau
				shall—
								(1)identify gaps between Federal and State
				capabilities to prepare for and respond to emergencies; and
								(2)make recommendations to the Secretary of
				Defense on programs and activities of the National Guard for military
				assistance to civil authorities to address such gaps.
								(b)Scope of
				responsibilitiesIn meeting
				the requirements of subsection (a), the Chief of the National Guard Bureau
				shall, in coordination with the adjutants general of the States, have
				responsibilities as follows:
								(1)To validate the requirements of the several
				States and Territories with respect to military assistance to civil
				authorities.
								(2)To develop doctrine and training
				requirements relating to the provision of military assistance to civil
				authorities.
								(3)To acquire equipment, materiel, and other
				supplies and services for the provision of military assistance to civil
				authorities.
								(4)To assist the Secretary of Defense in
				preparing the budget required under section 10544 of this title.
								(5)To administer amounts provided the National
				Guard for the provision of military assistance to civil authorities.
								(6)To carry out any other responsibility
				relating to the provision of military assistance to civil authorities as the
				Secretary of Defense shall specify.
								(c)AssistanceThe Chairman of the Joint Chiefs of Staff
				shall assist the Chief of the National Guard Bureau in carrying out activities
				under this section.
							(d)ConsultationThe Chief of the National Guard Bureau
				shall carry out activities under this section in consultation with the
				Secretary of the Army and the Secretary of the Air
				Force.
							.
				(4)Budgeting for
			 training and equipment for military assistance to civil authorities and other
			 domestic missionsChapter
			 1013 of title 10, United States Code, is amended by adding at the end the
			 following new section:

						10544.National Guard
				training and equipment: budget for military assistance to civil authorities and
				for other domestic operations
							(a)In
				generalThe budget
				justification documents materials submitted to Congress in support of the
				budget of the President for a fiscal year (as submitted with the budget of the
				President under section 1105(a) of title 31) shall specify separate amounts for
				training and equipment for the National Guard for purposes of military
				assistance to civil authorities and for other domestic operations during such
				fiscal year.
							(b)Scope of
				fundingThe amounts specified
				under subsection (a) for a fiscal year shall be sufficient for purposes as
				follows:
								(1)The development and implementation of
				doctrine and training requirements applicable to the assistance and operations
				described in subsection (a) for such fiscal year.
								(2)The acquisition of equipment, materiel, and
				other supplies and services necessary for the provision of such assistance and
				such operations in such fiscal
				year.
								.
				(5)Limitation on
			 increase in personnel of national guard bureauThe Secretary of Defense shall, to the
			 extent practicable, ensure that no additional personnel are assigned to the
			 National Guard Bureau in order to address administrative or other requirements
			 arising out of the amendments made by this subsection.
				(d)Conforming and
			 clerical amendments
				(1)Conforming
			 amendmentThe heading of
			 section 10503 of title 10, United States Code, is amended to read as
			 follows:

						10503.Functions of
				National Guard Bureau:
				charter
						.
				(2)Clerical
			 amendments(A)The table of sections at the beginning of
			 chapter 1011 of such title is amended by striking the item relating to section
			 10503 and inserting the following new items:

								10503. Functions of
				National Guard Bureau: charter.
								10503a. Functions of
				National Guard Bureau: military assistance to civil
				authorities.

							.
					(B)The table of sections at the beginning of
			 chapter 1013 of such title is amended by adding at the end the following new
			 item:

								10544. National Guard
				training and equipment: budget for military assistance to civil authorities and
				for other domestic
				operations.

							.
					3.Promotion of eligible
			 reserve officers to lieutenant general and vice admiral grades on the
			 active-duty list
			(a)Sense of
			 congressIt is the sense of
			 Congress that, whenever officers are considered for promotion to the grade of
			 lieutenant general, or vice admiral in the case of the Navy, on the active duty
			 list, officers of the reserve components of the Armed Forces who are eligible
			 for promotion to such grade should be considered for promotion to such
			 grade.
			(b)ProposalThe Secretary of Defense shall submit to
			 Congress a proposal for mechanisms to achieve the objective specified in
			 subsection (a). The proposal shall include such recommendations for legislative
			 or administrative action as the Secretary considers appropriate in order to
			 achieve that objective.
			(c)Notice
			 accompanying nominationsThe
			 President shall include with each nomination of an officer to the grade of
			 lieutenant general, or vice admiral in the case of the Navy, on the active-duty
			 list that is submitted to the Senate for consideration a certification that all
			 reserve officers who were eligible for consideration for promotion to such
			 grade were considered in the making of such nomination.
			4.Promotion of
			 reserve officers to lieutenant general grade
			(a)Treatment of
			 service as adjutant general as joint duty experience
				(1)Directors of
			 army and air national guardSection 10506(a)(3) of title 10,
			 United States Code, is amended—
					(A)by redesignating
			 subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F),
			 respectively; and
					(B)by inserting after
			 subparagraph (B) the following new subparagraph (C):

							(C)Service of an officer as adjutant
				general shall be treated as joint duty experience for purposes of subparagraph
				(B)(ii).
							.
					(2)Other
			 officersThe service of an officer of the Armed Forces as
			 adjutant general, or as an officer (other than adjutant general) of the
			 National Guard of a State who performs the duties of adjutant general under the
			 laws of such State, shall be treated as joint duty or joint duty experience for
			 purposes of any provisions of law required such duty or experience as a
			 condition of promotion.
				(b)Reports on
			 promotion of reserve major generals to lieutenant general grade
				(1)Review
			 requiredThe Secretary of the Army and the Secretary of the Air
			 Force shall each conduct a review of the promotion practices of the military
			 department concerned in order to identify and assess the practices of such
			 military department in the promotion of reserve officers from major general
			 grade to lieutenant general grade.
				(2)ReportsNot
			 later than 60 days after the date of the enactment of this Act, the Secretary
			 of the Army and the Secretary of the Air Force shall each submit to the
			 congressional defense committees a report on the review conducted by such
			 official under paragraph (1). Each report shall set forth—
					(A)the results of
			 such review; and
					(B)a description of
			 the actions intended to be taken by such official to encourage and facilitate
			 the promotion of additional reserve officers from major general grade to
			 lieutenant general grade.
					(3)Congressional
			 defense committees definedIn this subsection, the term
			 congressional defense committees means—
					(A)the Committees on
			 Armed Services and Appropriations of the Senate; and
					(B)the Committees on
			 Armed Services and Appropriations of the House of Representatives.
					5.Requirement that
			 position of Deputy Commander of the United States northern command be filled by
			 a qualified National Guard officer
			(a)In
			 generalThe position of
			 Deputy Commander of the United States Northern Command shall be filled by a
			 qualified officer of the National Guard who is eligible for promotion to the
			 grade of lieutenant general.
			(b)PurposeThe purpose of the requirement in
			 subsection (a) is to ensure that information received from the National Guard
			 Bureau regarding the operation of the National Guard of the several States is
			 integrated into the plans and operations of the United States Northern
			 Command.
			6.Requirement for
			 Secretary of Defense to prepare annual plan for response to natural disasters
			 and terrorist events
			(a)Requirement for
			 annual planNot later than March 1, 2007, and each March 1
			 thereafter, the Secretary of Defense, in consultation with the commander of the
			 United States Northern Command and the Chief of the National Guard Bureau,
			 shall prepare and submit to Congress a plan for coordinating the use of the
			 National Guard and members of the Armed Forces on active duty when responding
			 to natural disasters, acts of terrorism, and other man-made disasters as
			 identified in the national planning scenarios described in subsection
			 (e).
			(b)Information to
			 be provided to SecretaryTo assist the Secretary of Defense in
			 preparing the plan, the National Guard Bureau, pursuant to its purpose as
			 channel of communications as set forth in section 10501(b) of title 10, United
			 States Code, shall provide to the Secretary information gathered from
			 Governors, adjutants general of States, and other State civil authorities
			 responsible for homeland preparation and response to natural and man-made
			 disasters.
			(c)Two
			 versionsThe plan shall set forth two versions of response, one
			 using only members of the National Guard, and one using both members of the
			 National Guard and members of the regular components of the Armed
			 Forces.
			(d)Matters
			 coveredThe plan shall cover, at a minimum, the following:
				(1)Protocols for the
			 Department of Defense, the National Guard Bureau, and the Governors of the
			 several States to carry out operations in coordination with each other and to
			 ensure that Governors and local communities are properly informed and remain in
			 control in their respective States and communities.
				(2)An identification
			 of operational procedures, command structures, and lines of communication to
			 ensure a coordinated, efficient response to contingencies.
				(3)An identification
			 of the training and equipment needed for both National Guard personnel and
			 members of the Armed Forces on active duty to provide military assistance to
			 civil authorities and for other domestic operations to respond to hazards
			 identified in the national planning scenarios.
				(e)National
			 planning scenariosThe plan shall provide for response to the
			 following hazards:
				(1)Nuclear detonation, biological attack,
			 biological disease outbreak/pandemic flu, the plague, chemical attack-blister
			 agent, chemical attack-toxic industrial chemicals, chemical attack-nerve agent,
			 chemical attack-chlorine tank explosion, major hurricane, major earthquake,
			 radiological attack-radiological dispersal device, explosives attack-bombing
			 using improvised explosive device, biological attack-food contamination,
			 biological attack-foreign animal disease and cyber attack.
				(2)Any other hazards identified in a national
			 planning scenario developed by the Homeland Security Council.
				7.Additional
			 reporting requirements relating to National Guard equipmentSection 10541 of title 10, United States
			 Code, is amended by adding at the end the following new subsection:

				(d)Each report under
				this section concerning equipment of the National Guard shall also include the
				following:
					(1)A statement of the
				accuracy of the projections required by subsection (b)(5)(D) contained in
				earlier reports under this section, and an explanation, if the projection was
				not met, of why the projection was not met.
					(2)A certification
				from the Chief of the National Guard Bureau setting forth an inventory for the
				preceding fiscal year of each item of equipment—
						(A)for which funds
				were appropriated;
						(B)which was due to
				be procured for the National Guard during that fiscal year; and
						(C)which has not been
				received by a National Guard unit as of the close of that fiscal
				year.
						.


		I
		111th CONGRESS
		1st Session
		H. R. 1351
		IN THE HOUSE OF REPRESENTATIVES

			March 5, 2009
			Mr. Pomeroy (for
			 himself, Mr. Tiberi,
			 Mr. Meek of Florida,
			 Mr. Kind, and
			 Ms. Jenkins) 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 treat
		  computer technology and equipment as eligible higher education expenses for 529
		  plans, to allow certain individuals a credit against income tax for
		  contributions to 529 plans, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Savings Enhancement for Education in
			 College Act.
		2.Computer technology
			 and equipment allowed as a qualified higher education expense for section 529
			 accounts
			(a)In
			 generalSection 529(e)(3)(A)
			 of the Internal Revenue Code of 1986 is amended by striking and
			 at the end of clause (i), by striking the period at the end of clause (ii), and
			 by adding at the end the following:

					(iii)expenses paid or incurred for the purchase
				of any computer technology or equipment (as defined in section 170(e)(6)(F)(i))
				or Internet access and related services, if such technology, equipment, or
				services are to be used primarily by the designated beneficiary while enrolled
				at an eligible educational institution.
					Clause
				(iii) shall not include expenses for computer software designed for sports,
				games, or hobbies unless the software is predominantly educational in
				nature..
			(b)Effective
			 dateThe amendments made by this section shall apply to expenses
			 paid or incurred after December 31, 2010.
			3.Credit for
			 contributions to 529 plans
			(a)In
			 generalSubsection (d) of
			 section 25B of the Internal Revenue Code of 1986 (relating to elective
			 deferrals and IRA contributions by certain individuals) is amended by
			 redesignating paragraph (2) as paragraph (3) and by inserting after paragraph
			 (1) the following new paragraph:

					(2)Contributions to
				qualified tuition programs
						(A)In
				generalThe term
				qualified savings contribution includes the amount of any purchase
				or contribution described in paragraph (1)(A) of section 529(b) to a qualified
				tuition program (as defined in such section) if—
							(i)the taxpayer has
				the power to authorize distributions and otherwise administer the account,
				and
							(ii)the designated
				beneficiary of such purchase or contribution is the taxpayer, the taxpayer’s
				spouse, or an individual with respect to whom the taxpayer is allowed a
				deduction under section 151.
							(B)Limitation based
				on compensationThe amount treated as a qualified savings
				contribution by reason of subparagraph (A) for any taxable year shall not
				exceed the sum of—
							(i)the compensation
				(as defined in section 219(f)(1)) includible in the taxpayer’s gross income for
				the taxable year, and
							(ii)the amount
				excluded from the taxpayer’s gross income under section 112 (relating to combat
				pay) for such year.
							(C)Determination of
				adjusted gross incomeSolely
				for purposes of determining the applicable percentage under subsection (b)
				which applies with respect to the amount treated as a qualified savings
				contribution by reason of subparagraph (A), adjusted gross income (determined
				without regard to this subparagraph) shall be increased by the excess (if any)
				of—
							(i)the
				social security benefits received during the taxable year (within the meaning
				of section 86), over
							(ii)the amount
				included in gross income for such year under section
				86.
							.
			(b)Conforming
			 amendments
				(1)Section 25B of such Code is amended by
			 striking qualified retirement savings each place it appears in
			 the text and inserting qualified savings.
				(2)The subsection
			 heading for section 25B(d) of such Code is amended by striking
			 retirement.
				(3)Subparagraph (A)
			 of section 25B(d)(3) of such Code, as redesignated by subsection (a), is
			 amended—
					(A)by striking
			 paragraph (1) the first place it appears and inserting
			 paragraph (1) or (2), and
					(B)by striking paragraph (1)
			 the second place it appears and inserting paragraph (1), or (2), as the
			 case may be,.
					(4)The heading for
			 section 25B of such Code is amended by striking and IRA contributions and
			 inserting , IRA
			 contributions, and qualified tuition program
			 contributions.
				(5)The table of
			 sections for subpart A of part IV of subchapter A of chapter 1 of such Code is
			 amended by striking the item relating to section 25B and inserting the
			 following new item:

						Sec. 25B. Elective deferrals, IRA
				contributions, and qualified tuition program contributions by certain
				individuals..

				(c)Effective
			 dateThe amendments made by this section shall apply to
			 contributions made after December 31, 2009.
			4.Investment
			 direction under qualified tuition programs
			(a)In
			 generalParagraph (4) of
			 section 529(b) of the Internal Revenue Code of 1986 (relating to investment
			 direction) is amended by striking the period at the end and inserting
			 more frequently than 2 times per calendar year..
			(b)Effective
			 dateThe amendments made by this section shall apply to years
			 beginning after December 31, 2008.