		II
		112th CONGRESS
		2d Session
		S. 2179
		IN THE SENATE OF THE UNITED STATES

			March 8, 2012
			Mr. Webb (for himself,
			 Mr. Harkin, Mr.
			 Brown of Massachusetts, Mr.
			 Carper, and Mrs. McCaskill)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to improve
		  oversight of educational assistance provided under laws administered by the
		  Secretary of Veterans Affairs and the Secretary of Defense, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Military and Veterans Educational
			 Reform Act of 2012.
		2.Additional
			 requirements for approval of educational programs for purposes of educational
			 assistance under laws administered by Secretary of Veterans Affairs and
			 Secretary of Defense
			(a)Automatic
			 approval by Secretary of Veterans Affairs of degree programs approved by
			 Secretary of EducationClause (i) of section 3672(b)(2)(A) of
			 title 38, United States Code, is amended to read as follows:

					(i)A course that is described by section
				3675(a) of this
				title.
					.
			(b)Approval by
			 Secretary of Veterans Affairs of non-Degree programs approved by Secretary of
			 Education
				(1)In
			 generalSection 3675 of such title is amended—
					(A)by redesignating
			 subsections (b) and (c) as subsections (c) and (d), respectively;
					(B)by striking
			 subsection (a); and
					(C)by inserting
			 before subsection (c), as redesignated by subparagraph (A), the following new
			 subsections:

							(a)The Secretary or
				a State approving agency may only approve a course that leads to an associate
				or higher degree when such course is an eligible program (as defined in section
				481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) offered by an
				institution of higher education (as defined in section 102 of such Act (20
				U.S.C. 1002)) that has entered into, and is complying with, a program
				participation agreement under section 487 of such Act (20 U.S.C. 1094).
							(b)(1)The Secretary or a State
				approving agency may approve a course that does not lead to an associate or
				higher degree when—
									(A)such course—
										(i)is an eligible program (as defined
				in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) offered by
				an institution of higher education (as defined in section 102 of such Act (20
				U.S.C. 1002)) that has entered into, and is complying with, a program
				participation agreement under section 487 of such Act (20 U.S.C. 1094);
										(ii)in the case of a course designed
				to prepare individuals for licensure or certification, meets the instructional
				curriculum licensure or certification requirements of the State in which the
				institution is located; and
										(iii)in the case of a course designed
				to prepare an individual for employment by a State board or agency in an
				occupation that requires approval or licensure for such employment, is approved
				or licensed by such State board or agency;
										(B)such course is accepted by the State
				department of education for credit for a teacher's certificate; or
									(C)such course is approved by the State
				as meeting the requirement of regulations prescribed by the Secretary of Health
				and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the
				Social Security Act (42 U.S.C. 1395i–3(f)(2)(A)(i) and
				1396r(f)(2)(A)(i)).
									(2)(A)An educational
				institution shall submit an application for approval of courses to the
				appropriate State approving agency. In making application for approval, the
				institution (other than an elementary school or secondary school) shall
				transmit to the State approving agency copies of its catalog or bulletin which
				must be certified as true and correct in content and policy by an authorized
				representative of the institution.
									(B)Each catalog or bulletin transmitted
				by an institution under subparagraph (A) of this paragraph shall—
										(i)state with specificity the
				requirements of the institution with respect to graduation;
										(ii)include the information required
				under paragraphs (6) and (7) of section 3676(b) of this title; and
										(iii)include any attendance standards of
				the institution, if the institution has and enforces such
				standards.
										.
					(2)Conforming
			 amendmentsSuch title is amended—
					(A)in section
			 3452(g), by striking under the provisions of section 3675 of this
			 title;
					(B)in section
			 3501(11), by striking under the provisions of section 3675 of this
			 title;
					(C)in section
			 3672(b)(2)(A), by striking 3675(b)(1) and (b)(2) and inserting
			 3675(c)(1) and (c)(2); and
					(D)in the heading
			 for section 3675, by striking accredited courses and inserting
			 courses approved by
			 Secretary of Education.
					(3)Clerical
			 amendmentThe table of sections at the beginning of chapter 36 of
			 such title is amended by striking the item relating to section 3675 and
			 inserting the following new item:

							3675. Approval of courses
				approved by Secretary of
				Education.

						.
				(c)Approval by
			 Secretary of Veterans Affairs of non-Degree programs not approved by Secretary
			 of Education
				(1)In
			 generalSubsection (a) of section 3676 of such title is amended
			 to read as follows:

						(a)No course of education which has not been
				approved by the Secretary or a State approving agency under section 3675 of
				this title shall be approved for the purposes of this chapter unless—
							(1)the
				course—
								(A)does not lead to
				an associate or higher degree;
								(B)was not an
				eligible program (as defined in section 481 of the Higher Education Act of 1965
				(20 U.S.C. 1088)) at any time during the most recent two-year period;
				and
								(C)is a course that
				the Secretary or State approving agency determines, in accordance with this
				section and such regulations as the Secretary shall prescribe and on a
				case-by-case basis, that approval of which would further the purposes of this
				chapter or any of chapters 30 through 35 of this title; and
								(2)the educational institution offering such
				course submits to the appropriate State approving agency a written application
				for approval of such course in accordance with the provisions of this
				chapter.
							.
				(2)Additional
			 requirementsSubsection (c) of section 3676 of such title is
			 amended—
					(A)by redesignating
			 paragraph (14) as paragraph (21); and
					(B)by inserting
			 after paragraph (13) the following new paragraphs:

							(14)Such courses
				providing less than 600 clock hours of instruction, or its equivalent, have
				verified completion and placement rates of at least 70 percent.
							(15)Courses that
				prepare individuals for licensure or certification have verified that the
				course’s instructional curriculum appropriately includes the licensure or
				certification requirements in the State in which the institution deems such
				curriculum does.
							(16)Courses for
				which a State board or agency in the State in which the course is designed to
				prepare a student requires approval or licensure for employment in the
				recognized occupation in the State is approved or licensed by such State board
				or agency.
							(17)In the case of
				an educational institution that advertises job placement rates as a means of
				attracting students to enroll in a course of education offered by the
				educational institution, the application contains any other information
				necessary to substantiate the truthfulness of such advertisements.
							(18)The educational
				institution does not provide any commission, bonus, or other incentive payment
				based directly or indirectly on success in securing enrollments or financial
				aid to any persons or entities engaged in any student recruiting or admission
				activities or in making decisions regarding the award of student financial
				assistance, except for the recruitment of foreign students residing in foreign
				countries who are not eligible to receive Federal student assistance.
							(19)The educational
				institution does not make any misrepresentations (as defined in section 668.71
				of title 34, Code of Federal Regulations (or any corresponding similar
				regulation or ruling)) regarding the nature of its educational program, the
				nature of its financial charges, or the employability of its graduates (as
				defined in sections 668.72 through 668.74 of such title, respectively (or any
				corresponding similar regulations or rulings)).
							(20)The educational
				institution has provided information necessary to substantiate that it complies
				with the requirements set forth under section 600.9 of title 34 Code of Federal
				Regulations (or any corresponding similar regulation or
				ruling).
							.
					(3)Requirement
			 that additional requirements imposed by State approving agencies be approved by
			 Secretary of Veterans AffairsParagraph (21) of such subsection,
			 as redesignated by paragraph (2)(A), is amended by inserting and
			 approved by the Secretary before the period at the end.
				(4)Conforming
			 amendmentsSection 3676 of such title is amended—
					(A)in the heading
			 for such section, by striking nonaccredited courses and inserting
			 courses not approved by
			 Secretary of Education; and
					(B)in subsection
			 (c), in the matter before paragraph (1), by striking
			 non-accredited.
					(5)Clerical
			 amendmentThe table of sections at the beginning of chapter 36 of
			 such title is amended by striking the item relating to section 3675 and
			 inserting the following new item:

							3676. Approval of courses not
				approved by Secretary of
				Education.

						.
				(d)Additional
			 requirements for approval of programs for educational assistance for persons
			 enlisting for active dutySection 2143 of title 10, United States
			 Code, is amended—
				(1)in subsection
			 (a), by striking to subsection (b) and inserting to
			 subsections (b) and (c);
				(2)by redesignating
			 subsection (c) as subsection (d); and
				(3)by inserting
			 after subsection (b) the following new subsection (c):

						(c)(1)Except as provided in
				paragraph (2), a person entitled to assistance under this chapter may only use
				such assistance for educational expenses incurred for an eligible program (as
				defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088))
				that—
								(A)is offered by an institution of higher
				education (as defined in section 102 of such Act (20 U.S.C. 1002)) that has
				entered into, and is complying with, a program participation agreement under
				section 487 of such Act (20 U.S.C. 1094);
								(B)in the case of a program designed to
				prepare individuals for licensure or certification, meets the instructional
				curriculum licensure or certification requirements of the State in which the
				institution is located; and
								(C)in the case of a program designed to
				prepare individuals for employment by a State board or agency in an occupation
				that requires approval or licensure for such employment, is approved or
				licensed by such State board or agency.
								(2)The Secretary may, in accordance with
				regulations the Secretary shall prescribe, authorize the use of educational
				assistance awarded under this chapter for educational expenses incurred for a
				program of education that is not described in paragraph (1) if such
				program—
								(A)is accredited and approved by a
				nationally recognized accrediting agency or association;
								(B)was not an eligible program described
				in paragraph (1) at any time during the most recent two-year period; and
								(C)is a program that the Secretary
				determines, on a case-by-case basis, that approval of which would further the
				purposes of the program established under section 2141 of this
				title.
								.
				(e)Effective
			 dateThe amendments made by this section shall take effect on
			 August 1, 2013.
			3.Requirement that
			 educational institutions inform students of matters relating to accreditation
			 and outcomes as condition of approval for purposes of educational assistance
			 under laws administered by Secretary of Veterans Affairs and Secretary of
			 Defense
			(a)Educational
			 assistance under laws administered by Secretary of Veterans
			 AffairsSection 3672 of title 38, United States Code, is
			 amended—
				(1)by adding at the
			 end the following new subsection:

						(f)(1)A course of education
				that is offered by an educational institution may not be approved under this
				chapter unless the educational institution discloses and makes readily
				available the information described in paragraph (2) to—
								(A)each individual considering enrolling
				in the course of education at or before the moment at which the individual
				applies for enrollment in such course of education;
								(B)each student who is enrolled in the
				course of education each year the student is so enrolled; and
								(C)the public.
								(2)The information described in this
				paragraph with respect to an educational institution or a course of education
				of the educational institution is the following:
								(A)The names of associations, agencies,
				or governmental bodies which accredit, approve, or license the educational
				institution and its courses of education and the procedures under which any
				current or prospective student may obtain or review upon request a copy of the
				documents describing the educational institution’s accreditation, approval, or
				licensing.
								(B)Whether the educational institution is
				a public educational institution, a private nonprofit educational institution,
				or a private for-profit educational institution.
								(C)The rates of graduation of students
				who enroll in the course of education and the average dropout rate of all
				students enrolled in the course of education.
								(D)The percentage of students enrolled in
				the course of education who complete the course within—
									(i)the standard period for completion
				of such course of education;
									(ii)150 percent of such period;
				and
									(iii)200 percent of such
				period.
									(E)The median educational debt incurred
				by students who complete the course of education.
								(F)The cohort default rate, as defined in
				section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the
				educational institution.
								(G)The rates of job placement of students
				who complete the course of education, as applicable, and the types of
				employment obtained by such students.
								(H)For any job for which the course of
				education is designed to prepare a student, the relevant licensing or
				certification requirements for such job in the State for which the course is
				designed to prepare the student to obtain such license or certificate and the
				examination and licensure test pass rates, as applicable.
								(I)The tuition and fees for programs of
				education at the educational institution.
								(J)The percentage of students enrolled in
				programs of education at the educational institution who have submitted a
				complaint under section 3697C(a) of this title.
								(K)With respect to the information
				reported under subparagraphs (C) through (J), indicators of how the educational
				institution compares with the averages of all public educational institutions
				with similar courses of education in the State in which the educational
				institution is located.
								(L)A description of the procedures by
				which student may submit complaints regarding educational institutions to
				applicable Federal and State agencies, including State approving agencies and
				accrediting agencies or associations and such contact information as may be
				necessary to submit such complaints.
								(M)A description of the process
				established under section 3697C(a) of this title and such contact information
				as may be necessary to submit a complaint in accordance with such
				process.
								(N)The policies established by the
				educational institution regarding transfer of course credit, including the
				following:
									(i)Any established criteria the
				educational institution uses regarding the transfer of course credit earned at
				another educational institution.
									(ii)A list of educational institutions
				that will accept transfer of course credit for specific programs of education
				offered by the educational institution.
									(iii)A list of educational
				institutions from which the educational institution will accept transfer of
				course credit for specific programs offered by that educational
				institution.
									(iv)Any changes by the educational
				institution in such policies and established criteria that first took effect in
				the most recent one-year period.
									(O)A statement of the requirements of any
				refund policies of the educational institution.
								(P)A statement of the requirements for
				officially withdrawing from a course of education at the educational
				institution.
								(Q)The standards which a student must
				maintain in order to be considered to be making satisfactory progress in a
				course of education at the educational institution.
								(R)A description of the services
				available at the educational institution that are tailored specifically to meet
				the needs of individuals receiving assistance under this chapter, any of
				chapters 30 through 35 of this title, or chapter 106A or 1606 of title 10,
				including services provided under section 3679A(a) of this title.
								(S)In the case of an educational
				institution that advertises job placement rates as a means of attracting
				students to enroll in the educational institution, such information as may be
				necessary to substantiate the truthfulness of the claims made in such
				advertising.
								(3)The information disclosed and made
				readily available under paragraph (1) to individuals and students described in
				subparagraphs (A) and (B) of such paragraph, respectively, shall be disclosed
				and made readily available—
								(A)in language that can be easily
				understood by such individuals and students; and
								(B)in a uniform manner that is
				appropriate for such individuals and students, including by publications,
				mailings, and electronic media.
								;
				and
				(2)in subsection
			 (b)(2)(A), as amended by section 2(b)(2), in the matter before clause (i), by
			 inserting subsection (f) and after Subject
			 to.
				(b)Educational
			 assistance for persons enlisting for active duty
				(1)In
			 generalChapter 106A of title 10, United States Code, is amended
			 by inserting after section 2149 the following new section:

						2149A.Disclosure
				requirements of educational institutionsThe Secretary may not provide a payment of
				educational expenses under an educational assistance program established under
				section 2141 of this title for instruction at an accredited institution (as
				defined in section 2143 of this title) unless such institution discloses and
				makes readily available the information described in paragraph (2) of section
				3672(f) of title 38 as described in paragraph (3) of such section to—
							(1)each individual considering enrolling in
				the course of education at or before the moment at which the individual applies
				for enrollment in such course of education;
							(2)each student who is enrolled in the course
				of education each year the student is so enrolled; and
							(3)the
				public.
							.
				(2)Clerical
			 amendmentThe table of sections at the beginning of chapter 106A
			 of such title is amended by adding at the end the following new item:

							2149A. Disclosure requirements
				of educational institutions.

						.

				(c)Effective
			 dateSubsection (f) of section 3672 of title 38, United States
			 Code, as added by subsection (a)(1), and section 2149A of title 10, United
			 States Code, as added by subsection (b)(1), shall take effect on August 1,
			 2013.
			4.Additional
			 requirements of educational institutions for support of veterans and members of
			 Armed Forces
			(a)Requirements
				(1)In
			 generalSubchapter I of chapter 36 of title 38, United States
			 Code, is amended by adding at the end the following new section:

						3679A.Additional
				requirements
							(a)Provision of
				counseling and services(1)An educational
				institution with 20 or more covered individuals enrolled in programs of
				education at the educational institution may not be approved under this chapter
				unless the educational institution provides adequate academic and student
				support services (as determined by the Secretary), including remediation,
				tutoring, and career and job placement counseling services to such covered
				individuals.
								(2)The Secretary may, on a case-by-case
				basis, waive the requirement to provide services under paragraph (1) for an
				educational institution for an academic year if—
									(A)the Secretary determines that the
				educational institution has demonstrated that providing such services during
				such academic year would lead to severe financial hardship; and
									(B)the educational institution submits to
				the Secretary a plan to provide such services during the following academic
				year.
									(b)Minimum
				standards for employment of points of contactExcept as provided
				in paragraph (2), an educational institution may not be approved under this
				chapter unless the educational institution employs a number of full-time
				equivalent employees that the Secretary considers adequate, but not less than
				one full-time equivalent employee, who—
								(1)acts as a point
				of contact for covered individuals on matters relating to educational
				assistance available to individuals under this chapter and chapters 30 through
				35 of this title and under chapters 106A and 1606 of title 10;
								(2)is knowledgeable
				about such educational assistance and such other financial aid, admissions,
				counseling and referral services, and matters relating to postsecondary
				education as are important to the educational success of covered individuals;
				and
								(3)is available to
				assist covered individuals on a full-time basis.
								(c)Covered
				individual definedIn this section, the term covered
				individual, with respect to enrollment in a program of education, means
				an individual who is receiving educational assistance under this chapter or any
				of chapters 30 through 35 of this title or under chapters 106A and 1606 of
				title 10 for such program of
				education.
							.
				(2)Clerical
			 amendmentThe table of sections at the beginning of chapter 36 of
			 such title is amended by inserting after the item relating to section 3679 the
			 following new item:

							3679A. Additional
				requirements.

						.
				(b)Conforming
			 amendmentSection 3672(b)(2)(A) of such title (as amended by
			 section 3(a)(2)) is further amended by striking and 3696 and
			 inserting 3696, and 3679A.
			(c)Effective
			 dateSection 3679A of such title, as added by paragraph (1),
			 shall take effect on August 1, 2013.
			5.State approving
			 agencies
			(a)Education and
			 outreach
				(1)In
			 generalSubchapter I of
			 chapter 36 of title 38, United States Code, is amended by inserting after
			 section 3674A the following new section:

						3674B.Education
				and outreach
							(a)Education and
				outreach requiredAs a condition on receipt of reimbursement
				expenses under section 3674 of this title, each State approving agency shall
				conduct such education and outreach activities for individuals who are eligible
				to receive or are receiving educational assistance under this chapter or any of
				chapters 30 through 35 of this title as the Secretary considers appropriate to
				assist such individuals in making well-informed choices about their education
				and successfully transitioning into an educational environment.
							(b)CoordinationEach
				State approving agency conducting outreach activities under subsection (a)
				shall coordinate with the Secretary of Defense to ensure, as the Secretary of
				Defense considers appropriate, that information on educational assistance
				available under this chapter and chapters 30 through 35 of this title is made
				readily available as part of the Transition Assistance Program (TAP) of the
				Department of Defense in the State of the State approving agency.
							(c)MannerInformation
				made available as part of education and outreach activities under this section
				shall be made—
								(1)in language that
				can be easily understood by individuals described in paragraph (1);
								(2)in a uniform and
				easily accessible manner; and
								(3)through such
				means as may be appropriate and effective, including through publications,
				mailings, and electronic
				media.
								.
				(2)Clerical
			 amendmentThe table of sections at the beginning of chapter 36 of
			 such title is amended by inserting after the item relating to section 3674A the
			 following new item:

							3674B. Education and
				outreach.

						.
				(b)AuditsSection
			 3673(d) of such title is amended—
				(1)by inserting
			 (1) before The Secretary; and
				(2)by adding at the
			 end the following new paragraph:

						(2)Each year, each State approving
				agency, as a condition of receiving reimbursement of expenses under section
				3674 of this title, shall conduct such audits as the Secretary considers
				appropriate, including unannounced audits and audits using risk-based
				approaches, of educational institutions in the State of the State approving
				agency that have students enrolled in programs of education at the educational
				institutions who are receiving educational assistance under this chapter or any
				of chapters 30 through 35 of this title (without regard to whether the
				Secretary or the State approving agency approved the courses offered) in such
				State—
							(A)to detect misrepresentation, fraud,
				waste, and abuse;
							(B)to ensure full compliance with the
				provisions of this chapter; and
							(C)for such other purposes as the
				Secretary considers
				appropriate.
							.
				(c)ReportsSection
			 3674(a)(3) of such title is amended—
				(1)by inserting
			 (A) before Each State; and
				(2)by adding at the
			 end the following new subparagraph:

						(B)Each report submitted under
				subparagraph (A) shall include the following:
							(i)The number of visits made by the
				agency to educational institutions, including the number of such visits that
				were made without the prior knowledge of such educational institution.
							(ii)A description of the audits carried
				out by the agency under section 3673(d)(2) of this title and the findings of
				the agency, including with respect to any substantiated findings of
				misrepresentation, fraud, waste, abuse, or failure to comply with an applicable
				requirement of this chapter and the steps taken by the agency to address such
				fraud, waste, abuse, or failure to comply.
							(iii)A description of the outreach and
				training activities conducted by the agency under section 3674B of this
				title.
							.
				(d)Effective
			 dateThe amendments made by this section shall take effect on
			 August 1, 2013.
			6.Mandatory
			 compliance reviews
			(a)In
			 generalSection 3693 of title
			 38, United States Code, is amended by adding at the end the following new
			 subsection:

					(c)In addition to
				the annual compliance surveys conducted under subsection (a), the Secretary
				shall also conduct a compliance review, in accordance with such regulations as
				the Secretary shall prescribe, of an educational institution described in such
				subsection whenever the Secretary finds any of the following:
						(1)The number of
				student enrollments at, or the rate of student enrollments of, the educational
				institution has increased rapidly.
						(2)The student
				dropout rate of the institution has increased rapidly.
						(3)The cohort
				default rate, as defined in section 435(m) of the Higher Education Act of 1965
				(20 U.S.C. 1085(m)), of the educational institution has increased rapidly or is
				consistently higher than the average of cohort default rate of comparable
				educational institutions.
						(4)The number of
				substantiated complaints filed under section 3697C(a)(1) of this title with
				respect to the educational institution have increased rapidly or is
				consistently higher than the number of substantiated complaints filed with
				respect to other comparable educational institutions.
						(5)The educational
				institution is the subject of a civil lawsuit in Federal or State court, is
				charged with a crime under Federal or State law, or is the subject of an
				official investigation of a State or Federal agency for misconduct.
						(6)The educational
				institution has significant growth in revenue resulting from tuition, including
				tuition paid with assistance provided under this chapter, chapters 30 through
				35 of this title, or chapters 106A or 1606 of title 10, which cannot be
				attributed to changes made to such chapters by Acts of Congress or changes to
				the administration of such chapters.
						(7)Such other
				findings as the Secretary considers warrant conducting a compliance survey
				under subsection (a).
						.

			(b)Effective
			 dateSubsection (c) of such section, as added by subsection (a),
			 shall take effect on August 1, 2013.
			7.Training and
			 counseling so veterans and members of the Armed Forces can make informed
			 decisions about education
			(a)In
			 generalSubchapter II of chapter 36 of title 38, United States
			 Code, is amended by adding at the end the following new section:

					3697B.Required
				one-on-one educational counseling
						(a)Provision of
				counseling required(1)The Secretary of
				Veterans Affairs shall provide individualized, one-on-one educational
				counseling to all individuals considering pursuing a program of education with
				assistance furnished under this chapter or any of chapters 30 through 35 of
				this title.
							(2)The Secretary of Defense shall
				provide individualized, one-on-one educational counseling to all individuals
				considering pursuing a program of education with assistance furnished under
				chapter 106A or 1606 of title 10.
							(b)Time and manner
				of counseling(1)Counseling provided
				under subsection (a) to an individual described in such subsection considering
				a program of education shall be provided at or before the individual enrolls in
				such program as follows:
								(A)To such individuals who have received
				fewer than 1/3 of the credits necessary to complete the
				program of education, a complete version of such counseling.
								(B)To such individuals who have received
				1/3 or more of the credits necessary to complete the
				program of education, a condensed version of such counseling as the Secretary
				of Veterans Affairs or the Secretary of Defense, as the case may be, considers
				appropriate.
								(2)To the extent practicable, counseling
				provided under subsection (a) to an individual described in paragraph (1)(A) of
				this subsection shall be provided in person.
							(3)The Secretary of Veterans Affairs and
				the Secretary of Defense shall each establish, by regulation, procedures by
				which individuals may receive counseling provided under subsection (a) when
				receipt of such counseling in person is not practicable.
							(c)ElementsA
				complete version of counseling provided under subsection (b)(1) for an
				individual shall include the following:
							(1)An overview of
				educational assistance available to the individual under this chapter and
				chapters 30 through 35 of this title or under chapters 106A and 1606 of title
				10, as the case may be.
							(2)Development of a
				personalized academic and career plan.
							(3)An overview of
				the information disclosed and made readily available under section 3672(f)(1)
				of this title relevant to the academic and career plan developed under
				paragraph (2).
							(4)A discussion of
				how enrollment in the program of education at the educational institution will
				affect the individual's academic and career plan and the financial implications
				for such individual of such enrollment.
							(5)An introduction
				to the College Navigator Internet website of the Department of
				Education.
							(d)Qualified
				counselorsCounseling provided under subsection (a) may only be
				provided by properly trained counselors, as determined by the Secretary of
				Veterans Affairs and the Secretary of Defense.
						(e)Use of
				information disclosed by educational institutionsIn providing
				educational assistance under this section, the Secretary of Veterans Affairs
				and the Secretary of Defense shall, to the degree practicable, use the
				information disclosed and made readily available under section 3672(f)(1) of
				this title.
						(f)Links to
				College Navigator Internet website of Department of EducationThe
				Secretary of Veterans Affairs and the Secretary of Defense shall provide links
				on the Internet websites of the Department of Veterans Affairs of the
				Department of Defense, respectively, to the College Navigator Internet website
				of the Department of Education in such a manner as the Secretary of Veterans
				Affairs and the Secretary of Defense consider appropriate to inform veterans
				and members of the Armed Forces of the availability of and the benefits of
				using the College Navigator Internet
				website.
						.
			(b)Clerical
			 amendmentThe table of sections for chapter 36 of such title is
			 amended by adding at the end the following new item:

						3697B. Required one-on-one
				educational
				counseling.

					.
			(c)Clarification
				(1)Heading of
			 section 3697A of title 38Section 3697A of such title is amended,
			 in the heading, by adding by
			 election at the end.
				(2)Table of
			 sectionsThe table of sections for chapter 36 of such title is
			 amended by amending the item relating to section 3697A to read as
			 follows:

							3697A. Educational and
				vocational counseling by
				election.

						.
				(d)Effective
			 dateSection 3697B of such title, as added by paragraph (1),
			 shall take effect on August 1, 2013, and shall apply with respect to
			 individuals considering pursuing programs of education as described in
			 subsection (a) of such section after such date.
			8.Coordination and
			 oversight of educational assistance programs
			(a)In
			 generalSubchapter II of chapter 36 of title 38, United States
			 Code, as amended by section 6, is further amended by adding at the end the
			 following new section:

					3697C.Coordination
				and oversight
						(a)Development of
				centralized complaints process(1)Not later than 180 days
				after the date of the enactment of the Military and Veterans Educational Reform Act of
				2012, the Secretary of Veterans Affairs and the Secretary of
				Defense shall each establish, by regulation, a process whereby persons are able
				to submit to the Secretaries, including by submitting via State approving
				agencies, complaints regarding educational institutions relevant to the
				provision of educational assistance provided under this chapter and chapters 30
				through 35 of this title and under chapters 106A and 1606 of title 10,
				including complaints regarding misrepresentation, fraud, waste, and
				abuse.
							(2)The process required by paragraph (1)
				shall include procedures to address complaints in a timely manner, including
				review and investigation of such complaints.
							(3)Each year, the Secretary of Veterans
				Affairs and the Secretary of Defense shall each compile the information they
				collect under this subsection and share such information with each other and
				the Secretary of Education, as otherwise allowed under law.
							(b)Information
				sharing between Secretary of Veterans Affairs, Secretary of Defense, and
				Secretary of Education(1)Not later than 180 days
				after the date of the enactment of the Military and Veterans Educational Reform Act of
				2012, the Secretary of Veterans Affairs and the Secretary of
				Defense shall each establish, by regulation, a process by which information may
				be reported by their respective departments to the Secretary of Education and
				each other regarding information with respect to substantiated acts by
				educational institutions of misrepresentation, fraud, waste, or abuse or
				failure to comply with an applicable requirement of this chapter or other
				information considered appropriate by the reporting Secretary by an educational
				institution at which an individual is enrolled in a program of education for
				which the individual receives educational assistance under this chapter, any of
				chapters 30 through 35 of this title, or chapter 106A or 1606 of title 10
				relevant to the purpose and effective implementation of Federal programs of
				educational assistance provided under such chapters.
							(2)Not later than 180 days after the
				date of the enactment of the Military and
				Veterans Educational Reform Act of 2012, the Secretary of
				Education shall establish a process by which the Secretary of Education
				notifies the Secretary of Veterans Affairs and the Secretary of Defense of the
				following with respect to educational institutions:
								(A)Substantiated acts by educational
				institutions of misrepresentation, fraud, waste, or abuse.
								(B)Loss of accreditation.
								(C)Loss of eligibility under title IV of
				the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
								(D)Has been reported by a Federal or
				State agency or a nationally recognized accrediting agency or association as
				failing to comply with, or has a significant risk of failing to comply with, a
				provision of Federal or State law or a requirement that is a condition for
				accreditation established by a nationally recognized accrediting agency or
				association.
								(E)Such other information as the
				Secretary of Education considers appropriate.
								(c)Annual report
				on educational assistance provided by Department of Veterans Affairs and
				Department of Defense(1)Not less frequently
				than once each year, the Secretary of Veterans Affairs and the Secretary of
				Defense shall each submit to Congress a report on the provision of educational
				assistance under this chapter and chapters 30 through 35 of this title and
				under chapters 106A and 1606 of title 10, respectively.
							(2)Each report submitted under
				subsection (a) shall include, for the period covered by the report and
				disaggregated by for-profit and not-for-profit educational institutions, the
				following:
								(A)The number of individuals who received
				assistance under laws administered by the respective Secretary.
								(B)The amounts of assistance
				provided.
								(C)A
				description of any complaints reported under subsection (a) to the respective
				Secretary or State approving agencies by such individuals with respect to the
				receipt or use of educational assistance under laws administered by the
				respective Secretary.
								(D)All substantiated reports of
				misrepresentation, waste, fraud, abuse, or other acts that are inconsistent
				with the requirements of this chapter by an educational institution at which an
				individual is enrolled in a program of education for which the individual is
				receiving educational assistance under a law administered by the respective
				Secretary.
								(E)A list of educational institutions
				which had courses of education that were approved under this chapter in the
				previous year but were found, in the year covered by the report, not in
				compliance with a requirement of such chapter.
								(F)Such recommendations for legislative or
				regulatory action as the respective Secretary considers appropriate to improve
				the provision of educational assistance under the laws administered by the
				respective Secretary.
								(G)An
				assessment of the academic performance of individuals who received educational
				assistance described in paragraph (1), including graduation rates and dropout
				rates.
								(H)A
				list of educational institutions that were approved under this chapter,
				disaggregated by educational institutions approved under section 3676 of this
				title.
								.
			(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 36 of
			 such title, as amended by section 6, is further amended by adding at the end
			 the following new item:

						3697C. Coordination and
				oversight.

					.


		II
		111th CONGRESS
		1st Session
		S. 1089
		IN THE SENATE OF THE UNITED STATES

			May 20, 2009
			Mr. Baucus (for himself,
			 Mr. Crapo, Ms.
			 Cantwell, Mr. Roberts,
			 Ms. Landrieu, Mr. Bingaman, Mrs.
			 Lincoln, Mr. Harkin,
			 Mrs. Murray, Mr. Pryor, Mr.
			 Bond, Mr. Johnson,
			 Mr. Dorgan, Mr.
			 Wyden, Mr. Lugar,
			 Mrs. McCaskill, and
			 Mr. Enzi) introduced the following bill;
			 which was read twice and referred to the Committee on Finance

		A BILL
		To facilitate the export of United States agricultural
		  commodities and products to Cuba as authorized by the Trade Sanctions Reform
		  and Export Enhancement Act of 2000, to establish an agricultural export
		  promotion program with respect to Cuba, to remove impediments to the export to
		  Cuba of medical devices and medicines, to allow travel to Cuba by United States
		  citizens and legal residents, to establish an agricultural export promotion
		  program with respect to Cuba, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Promoting American Agricultural
			 and Medical Exports to Cuba Act of 2009.
		2.Clarification of
			 payment terms under the Trade Sanctions Reform and Export Enhancement Act of
			 2000Section 908(b)(4) of the
			 Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
			 7207(b)(4)) is amended—
			(1)in subparagraph
			 (B), by striking and at the end;
			(2)in subparagraph
			 (C), by striking the period at the end and inserting ; and;
			 and
			(3)by adding at the
			 end the following:

					(D)the term
				payment of cash in advance means, notwithstanding any other
				provision of law, the payment by the purchaser of an agricultural commodity or
				product and the receipt of such payment by the seller prior to—
						(i)the transfer of
				title of such commodity or product to the purchaser; and
						(ii)the release of
				control of such commodity or product to the
				purchaser.
						.
			3.Authorization of
			 direct transfers between Cuban and United States depository institutions under
			 the Trade Sanctions Reform and Export Enhancement Act of 2000
			(a)In
			 generalNotwithstanding any other provision of law (including
			 section 908(b)(1)(B) of the Trade Sanctions and Export Enhancement Act of 2000
			 (22 U.S.C. 7207(b)(1)(B)), the President may not restrict direct transfers from
			 a Cuban depository institution to a United States depository institution
			 executed in payment for an agricultural commodity or product authorized for
			 sale under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22
			 U.S.C. 7201 et seq.).
			(b)Depository
			 institution definedIn this section, the term depository
			 institution means any entity that is engaged primarily in the business
			 of banking (including a bank, savings bank, savings association, credit union,
			 trust company, or bank holding company).
			4.Establishment of
			 agricultural export promotion program with respect to Cuba
			(a)In
			 generalThe Secretary of Agriculture shall establish a program to
			 provide information and technical assistance to United States agricultural
			 producers, cooperative organizations, and State agencies that promote the sale
			 of agricultural commodities or products, in order to promote and facilitate
			 exports of United States agricultural commodities or products to Cuba as
			 authorized by the Trade Sanctions Reform and Export Enhancement Act of
			 2000.
			(b)Technical
			 assistance To facilitate exportsThe Secretary of Agriculture
			 shall maintain on the website of the Department of Agriculture information to
			 assist exporters and potential exporters of United States agricultural
			 commodities or products with respect to Cuba.
			(c)Authorization
			 of fundsThe Secretary of Agriculture is authorized to expend
			 such sums as may be available in the Agricultural Export Promotion Trust Fund
			 established under section 9511 of the Internal Revenue Code of 1986 (as added
			 by section 5(b) of this Act).
			5.Increase in
			 airport ticket tax for transportation between United States and Cuba;
			 establishment of Agricultural Export Promotion Trust Fund
			(a)Increase in
			 ticket taxSubsection (c) of section 4261 of the Internal Revenue
			 Code of 1986 (relating to use of international travel facilities) is amended by
			 adding at the end the following new paragraph:

					(4)Special rule
				for cubaIn any case in which the tax imposed by paragraph (1)
				applies to transportation beginning or ending in Cuba before January 1, 2016,
				such tax shall be increased by
				$1.00.
					.
			(b)Agricultural
			 export promotion trust fund
				(1)In
			 generalSubchapter A of chapter 98 of the Internal Revenue Code
			 of 1986 (relating to establishment of trust funds) is amended by adding at the
			 end the following new section:

						9511.Agricultural
				Export Promotion Trust Fund
							(a)Creation of
				trust fundThere is established in the Treasury of the United
				States a trust fund to be known as the Agricultural Export Promotion
				Trust Fund, consisting of such amounts as may be appropriated or
				credited to such fund as provided in this section or section 9602(b).
							(b)Transfers to
				trust fundThere are hereby appropriated to the Agricultural
				Export Promotion Trust Fund amounts equivalent to the increase in taxes
				received in the Treasury by reason of section 4261(c)(4).
							(c)ExpendituresAmounts
				in the Agricultural Export Promotion Trust Fund shall be available, as provided
				by appropriation Acts, for making expenditures to the Office of the Secretary
				of Agriculture for the purposes set out in section 4 of the Promoting American
				Agricultural and Medical Exports to Cuba Act of
				2009.
							.
				(2)Conforming
			 amendmentSubparagraph (B) of section 9502(b)(1) of such Code is
			 amended by inserting (other than by reason of subsection (c)(4)
			 thereof) after sections 4261.
				(3)Clerical
			 amendmentThe table of sections for subchapter A of chapter 98 of
			 such Code is amended by adding at the end the following new item:

							Sec. 9511. Agricultural Export
				Promotion Trust
				Fund.

						.
				(c)Effective
			 dateThe amendment made by subsection (a) shall apply to
			 transportation beginning after the 90-day period beginning on the date of the
			 enactment of this Act, except that such amendment shall not apply to amounts
			 paid before the end of such period.
			6.Sense of
			 Congress that visas should be issued
			(a)Sense of
			 CongressIt is the sense of Congress that the Secretary of State
			 should issue visas for temporary entry into the United States to nationals of
			 Cuba whose itinerary documents an intent to conduct activities, including
			 phytosanitary inspections, relating to the purchase of United States
			 agricultural commodities or products pursuant to the provisions of the Trade
			 Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et
			 seq.).
			(b)Periodic
			 reports
				(1)In
			 generalNot later than 45 days after the date of the enactment of
			 this Act, and every 90 days thereafter, the Secretary of State shall submit to
			 the Committee on Finance, the Committee on Agriculture, Nutrition, and
			 Forestry, and the Committee on Foreign Relations of the Senate, and the
			 Committee on Agriculture, the Committee on Ways and Means, and the Committee on
			 Foreign Affairs of the House of Representatives a report on the issuance of
			 visas described in subsection (a).
				(2)Content of
			 reportsEach report under paragraph (1) shall contain a full
			 description of each application received from a national of Cuba for a visa to
			 travel to the United States to engage in purchasing activities pursuant to the
			 provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22
			 U.S.C. 7201 et seq.) and shall describe the disposition of each such
			 application.
				7.Export of
			 medicines and medical devices to Cuba
			(a)Repeal of
			 requirement for onsite verificationsSection 1705 of the Cuban
			 Democracy Act of 1992 (22 U.S.C. 6004) is amended by striking subsection
			 (d).
			(b)Rule of
			 constructionNothing in the amendment made by subsection (a)
			 shall be construed to restrict the authority of the President to—
				(1)impose export
			 controls with respect to the export of medicines or medical devices under
			 sections 5 or 6 of the Export Administration Act of 1979 (as in effect pursuant
			 to the International Emergency Economic Powers Act (50 U.S.C. App. 2404 or
			 2405)); or
				(2)exercise the
			 authority the President has under the International Emergency Economic Powers
			 Act (50 U.S.C. 1701 et seq.) with respect to Cuba pursuant to a declaration of
			 national emergency required by that Act that is made on account of an unusual
			 and extraordinary threat, that did not exist before the enactment of this Act,
			 to the national security, foreign policy, or economy of the United
			 States.
				8.Travel to
			 Cuba
			(a)Freedom of
			 travel for United States citizens and legal
			 residentsNotwithstanding section 102(h) of the Cuban Liberty and
			 Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section
			 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22
			 U.S.C. 7209(b)) and subject to subsection (b)—
				(1)the President may
			 not regulate or prohibit, directly or indirectly, travel to or from Cuba by
			 United States citizens or legal residents, or any of the transactions incident
			 to such travel; and
				(2)any regulation in
			 effect on the date of the enactment of this Act that regulates or prohibits
			 travel to or from Cuba by United States citizens or legal residents or
			 transactions incident to such travel shall cease to have any force or
			 effect.
				(b)ExceptionThe
			 restrictions on authority contained in subsection (a) shall not apply in a case
			 in which the United States is at war with Cuba, armed hostilities between the
			 two countries are in progress, or there is imminent danger to the public health
			 or the physical safety of United States citizens or legal residents.
			(c)ApplicabilityThis
			 section applies to actions taken by the President—
				(1)on or after the
			 date of the enactment of this Act; or
				(2)before the date
			 of the enactment of this Act which are in effect on such date of
			 enactment.
				9.Adherence to
			 international agreements for the mutual protection of intellectual
			 property
			(a)Repeal of
			 prohibition on transactions or payments with respect to certain United States
			 intellectual propertySection 211 of the Department of Commerce
			 and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of
			 Public Law 105–277; 112 Stat. 2681–88) is repealed.
			(b)RegulationsThe
			 Secretary of the Treasury shall promulgate such regulations as are necessary to
			 carry out the repeal made by subsection (a), including removing any prohibition
			 on transactions or payments to which subsection (a)(1) of section 211 of the
			 Department of Commerce and Related Agencies Appropriations Act, 1999 (as such
			 section was in effect on the day before the date of the enactment of this Act)
			 applied.
			(c)Further
			 regulations
				(1)In
			 generalThe Secretary of the Treasury shall amend part 515 of
			 title 31, Code of Federal Regulations (commonly referred to as the Cuban
			 Assets Control Regulations), to authorize under general license the
			 transfer or receipt of any trademark or trade name subject to United States law
			 in which a designated national has an interest.
				(2)Designated
			 national definedIn this subsection, the term designated
			 national has the meaning given the term in subsection (d)(1) of section
			 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999
			 (as such section was in effect on the day before the date of the enactment of
			 this Act).


115 HR 21 : Midnight Rules Relief Act of 2017
U.S. House of Representatives
2017-01-05
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.

		IIB
		115th CONGRESS
		1st Session
		H. R. 21
		IN THE SENATE OF THE UNITED STATES
		January 5, 2017Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACT
		To amend chapter 8 of title 5, United States Code, to provide for en bloc consideration in
			 resolutions of disapproval for midnight rules, and for other purposes.

 1.Short titleThis Act may be cited as the Midnight Rules Relief Act of 2017. 2.En bloc consideration of resolutions of disapproval pertaining to midnight rules (a)In generalSection 801(d) of title 5, United States Code, is amended by adding at the end the following:

 (4)In applying section 802 to rules described under paragraph (1), a joint resolution of disapproval may contain one or more such rules if the report under subsection (a)(1)(A) for each such rule was submitted during the final year of a President’s term..
 (b)Text of resolving clauseSection 802(a) of title 5, United States Code, is amended— (1)by inserting after resolving clause of which is the following: (except as otherwise provided in this subsection); and
 (2)by adding at the end the following: In the case of a joint resolution under section 801(d)(4), the matter after the resolving clause of such resolution shall be as follows: That Congress disapproves the following rules: the rule submitted by the __ relating to __; and the rule submitted by the __ relating to __. Such rules shall have no force or effect. (The blank spaces being appropriately filled in and additional clauses describing additional rules to be included as necessary).

	Passed the House of Representatives January 4, 2017.Karen L. Haas,Clerk.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1723
		IN THE HOUSE OF REPRESENTATIVES

			November 17, 2010
			Mr. Fattah submitted
			 the following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		Disavowing the partisan impeachment of
		  William Jefferson Clinton.

		Whereas the impeachment process provides a mechanism for
			 the removal of the President, Vice President, and other federal civil officers
			 found to have engaged in treason, bribery, or other high crimes and
			 misdemeanors;
		Whereas the Constitution places the responsibility and
			 authority to determine whether to impeach and to draft articles of impeachment
			 in the hands of the House of Representatives;
		Whereas the House took up four articles of impeachment on
			 December 18, 1998, in the 105th Congress, and acted in a politically partisan
			 manner during the impeachment of President William Jefferson Clinton;
			 and
		Whereas the American public trusts their elected
			 representatives to serve in an impartial and appropriate manner given the
			 severity of the disciplinary action sought to remove President Clinton from
			 office: Now, therefore, be it

		That the House disavows the articles of
			 impeachment filed against President William Jefferson Clinton given the
			 irresponsible and inappropriately partisan manner in which the House discharged
			 its constitutional duties.


117 HR 1040 IH: Flat Tax Act
U.S. House of Representatives
2021-02-15
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.

I117th CONGRESS1st SessionH. R. 1040IN THE HOUSE OF REPRESENTATIVESFebruary 15, 2021Mr. Burgess introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Rules, 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 amend the Internal Revenue Code of 1986 to provide taxpayers a flat tax alternative to the current income tax system.1.Short titleThis Act may be cited as the Flat Tax Act.2.The flat tax(a)In generalSubchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part VII the following new part:VIIIThe Flat TaxSec. 60. Irrevocable election to be subject to flat tax. Sec. 60A. Tax imposed on individuals. Sec. 60B. Tax imposed on business activities. Sec. 60C. Tax on noncash compensation provided to employees not engaged in business activity.60.Irrevocable election to be subject to flat tax(a)Individual(1)In generalExcept as provided in paragraph (2), in lieu of the tax imposed by sections 1 (relating to tax imposed) and 55 (relating to alternative minimum tax imposed), under regulations prescribed by the Secretary, an individual may make an irrevocable election to be subject to the tax imposed by this part.(2)Innocent spouse exceptionAn individual who has made an election under paragraph (1) and who subsequently obtains relief of liability for tax under section 6015(b) may, not later than 1 year after the date such relief is granted, revoke the election made under paragraph (1).(b)Person engaged in business activityIn lieu of the tax imposed by sections 11 (relating to tax imposed) and 55 (relating to alternative minimum tax imposed), under regulations prescribed by the Secretary, a person engaged in business activity may make an irrevocable election to be subject to the tax imposed by this part.(c)Disallowance of CreditsNo credit shall be allowed under this chapter for any taxable year to any person with respect to whom an election under subsection (a) or (b) is in effect.60A.Tax imposed on individuals(a)In generalThere is hereby imposed on the taxable income of every individual who makes an election to be subject to this part a tax equal to—(1)19 percent of the taxable income of such individual for such taxable year in the case of the first 2 taxable years of the individual beginning with the taxable year for which the election is made, and(2)17 percent of the taxable income of such individual for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1).(b)Taxable incomeFor purposes of this part, the term taxable income means the excess of—(1)the sum of—(A)wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash and which are received during the taxable year for services performed in the United States,(B)retirement distributions which are includible in gross income for such taxable year, plus(C)amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over(2)the standard deduction.(c)Standard deductionFor purposes of this part—(1)In generalThe term standard deduction means the sum of—(A)the basic standard deduction, plus(B)the additional standard deduction.(2)Basic standard deductionFor purposes of paragraph (1), the basic standard deduction is—(A)$32,496 in the case of—(i)a joint return, or(ii)a surviving spouse (as defined in section 2(a)),(B)$20,739 in the case of a head of household (as defined in section 2(b)), and(C)$16,248 in the case of an individual—(i)who is not married and who is not a surviving spouse or head of household, or(ii)who is a married individual filing a separate return.(3)Additional standard deductionFor purposes of paragraph (1), the additional standard deduction is $6,998 for each dependent (as defined in section 152) who is a qualifying child (as defined in section 152(c)(1)) for the taxable year and who is not required to file a return for such taxable year.(d)Retirement distributionsFor purposes of this section, the term retirement distribution means any distribution from—(1)a plan described in section 401(a) which includes a trust exempt from tax under section 501(a),(2)an annuity plan described in section 403(a),(3)an annuity contract described in section 403(b),(4)an individual retirement account described in section 408(a),(5)an individual retirement annuity described in section 408(b),(6)an eligible deferred compensation plan (as defined in section 457),(7)a governmental plan (as defined in section 414(d)), or(8)a trust described in section 501(c)(18).Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. (e)Income of certain childrenFor purposes of this part—(1)an individual’s taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and(2)such dependent child shall have no liability for tax imposed by this section with respect to such income and shall not be required to file a return for such taxable year.(f)Inflation adjustment(1)In generalIn the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in subsection (c) shall be increased by an amount determined by the Secretary to be equal to—(A)such dollar amount, multiplied by(B)the cost-of-living adjustment for such calendar year.(2)Cost-of-living adjustmentFor purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which—(A)the CPI for the preceding calendar year, exceeds(B)the CPI for the calendar year 2020.(3)CPI for any calendar yearFor purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year.(4)Consumer Price IndexFor purposes of paragraph (3), the term Consumer Price Index means the last Consumer Price Index for all urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used.(5)RoundingIf any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10.(g)Marital statusFor purposes of this section, marital status shall be determined under section 7703.60B.Tax imposed on business activities(a)Tax imposedThere is hereby imposed on every person engaged in a business activity who makes an election to be taxed under this part a tax equal to—(1)19 percent of the business taxable income of such person for such taxable year in the case of the first 2 taxable years of the person beginning with the taxable year for which the election is made, and(2)17 percent of the business taxable income of such person for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1).(b)Liability for taxThe tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise.(c)Business taxable incomeFor purposes of this section—(1)In generalThe term business taxable income means gross active income reduced by the deductions specified in subsection (d).(2)Gross active income(A)In generalFor purposes of paragraph (1), the term gross active income means gross receipts from—(i)the sale or exchange of property or services in the United States by any person in connection with a business activity, and(ii)the export of property or services from the United States in connection with a business activity.(B)ExchangesFor purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received.(C)Coordination with special rules for financial services, etcExcept as provided in subsection (e)—(i)the term property does not include money or any financial instrument, and(ii)the term services does not include financial services.(3)Exemption from tax for activities of governmental entities and tax-exempt organizationsFor purposes of this section, the term business activity does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter.(d)Deductions(1)In generalThe deductions specified in this subsection are—(A)the cost of business inputs for the business activity,(B)wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash for services performed in the United States as an employee, and(C)retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 60A(d)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404.(2)Business inputs(A)In generalFor purposes of paragraph (1), the term cost of business inputs means—(i)the amount paid for property sold or used in connection with a business activity,(ii)the amount paid for services (other than for the services of employees, including fringe benefits paid by reason of such services) in connection with a business activity, and(iii)any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity.Such term shall not include any tax imposed by chapter 2 or 21. (B)ExceptionsSuch term shall not include—(i)items described in subparagraphs (B) and (C) of paragraph (1), and(ii)items for personal use not in connection with any business activity.(C)ExchangesFor purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid.(e)Special rules for financial intermediation service activitiesIn the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity.(f)Exception for services performed as employeeFor purposes of this section, the term business activity does not include the performance of services by an employee for the employee’s employer.(g)Carryover of credit-Equivalent of excess deductions(1)In generalIf the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year.(2)Credit-equivalent of excess deductionsFor purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to—(A)the sum of—(i)such excess, plus(ii)the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by(B)the rate of the tax imposed by subsection (a) for such taxable year.(3)Carryover of unused creditIf the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then (in lieu of treating such excess as an overpayment) the sum of—(A)such excess, plus(B)the product of such excess and the 3-month Treasury rate for the last month of such taxable year,shall be allowed as a credit against the tax imposed by this section for the following taxable year. (4)3-month Treasury rateFor purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less.60C.Tax on noncash compensation provided to employees not engaged in business activity(a)Imposition of taxThere is hereby imposed on every employer of an employee to whom this section applies and who makes an election to be taxed under this part a tax equal to—(1)19 percent of the value of excludable compensation provided during the calendar year by the employer for the benefit of employees to whom this section applies in the case of the first 2 calendar years beginning with the calendar year for which the election under section 60 is made, and(2)17 percent of such excludable compensation during the calendar year in the case of all calendar years subsequent to the calendar years described in paragraph (1).(b)Liability for taxThe tax imposed by this section shall be paid by the employer.(c)Excludable compensationFor purposes of subsection (a), the term excludable compensation means any remuneration for services performed as an employee other than—(1)wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash,(2)remuneration for services performed outside the United States, and(3)retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 60A(d)).(d)Employees to whom section appliesThis section shall apply to an employee who is employed in any activity by—(1)any organization which is exempt from taxation under this chapter, or(2)any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia..(b)Clerical amendmentThe table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:Part VIII. The Flat Tax.(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.3.Repeal of estate and gift taxes(a)In generalSubtitle B of the Internal Revenue Code of 1986 is hereby repealed.(b)Effective dateThe repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2020.(c)Cross referenceSee section 102 of the Internal Revenue Code of 1986 for exclusion of gifts and inheritances from gross income.4.Supermajority required to consider revenue measureA bill, joint resolution, amendment to a bill or joint resolution, or conference report that—(1)includes an increase in the rates of tax specified in section 60A(a) or 60B(a) of the Internal Revenue Code of 1986 (as amended by this Act), or(2)reduces the standard deduction, as defined in section 60A(c) of such Code (as so amended), or the deductions specified in section 60B(d) of such Code (as so amended),may not be considered as passed or agreed to by the House of Representatives or the Senate unless so determined by a vote of not less than two-thirds of the Members of the House of Representatives or the Senate (as the case may be) voting, a quorum being present.


109 HR 66 IH: Health Care Freedom of Choice Act
U.S. House of Representatives
2005-01-04
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. 66
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. Cox (for himself, Mr. Conyers, Mr. Akin, Mr. Bartlett of Maryland, Mr. Barton of Texas, Mr. Bass, Mr. Beauprez, Mrs. Blackburn, Mrs. Bono, Mr. Boozman, Mr. Boyd, Mr. Bradley of New Hampshire, Ms. Ginny Brown-Waite of Florida, Mr. Burgess, Mr. Burton of Indiana, Mr. Calvert, Mr. Chocola, Mr. Cole of Oklahoma, Mr. Cunningham, Mrs. Jo Ann Davis of Virginia, Mr. Lincoln Diaz-Balart of Florida, Mr. Doolittle, Mr. Duncan, Mr. Ehlers, Mr. Feeney, Mr. Flake, Mr. Franks of Arizona, Mr. Garrett of New Jersey, Mr. Gillmor, Mr. Gingrey, Mr. Goode, Mr. Graves, Mr. Green of Wisconsin, Mr. Gutierrez, Mr. Hall, Mr. Hayes, Mr. Hefley, Mr. Herger, Mr. Hostettler, Mr. Issa, Mr. Istook, Mr. Jones of North Carolina, Mr. King of Iowa, Mr. McCotter, Mr. McHugh, Mr. Manzullo, Mrs. Miller of Michigan, Mr. Miller of Florida, Mrs. Musgrave, Mrs. Myrick, Mr. Neugebauer, Mrs. Northup, Mr. Otter, Mr. Owens, Mr. Payne, Mr. Paul, Mr. Pearce, Mr. Pence, Mr. Pitts, Mr. Radanovich, Mr. Rohrabacher, Mr. Royce, Mr. Ryun of Kansas, Mr. Sensenbrenner, Mr. Sessions, Mr. Simpson, Mr. Smith of New Jersey, Mr. Stearns, Mr. Tancredo, Mr. Terry, Mr. Turner, and Mr. Wilson of South Carolina) 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 improve health care choice by providing for the tax deductibility of medical expenses by individuals.

1.Short titleThis Act may be cited as the Health Care Freedom of Choice Act.
2.FindingsThe Congress finds the following:
(1)Current law confers a tax benefit for health insurance provided as an employee fringe benefit, but no similar tax benefit for health insurance purchased by individuals. Similarly, current law confers a tax benefit on third-party payment of medical expenses, but no similar tax benefit for most individuals’ direct payment of medical expenses. This has effectively promoted employer-provided third party payment systems and effectively discouraged direct doctor-patient relationships.
(2)The current tax treatment of medical expenses has significantly curtailed competition for both health insurance and health care services generally. This has effectively increased the cost of health care and health insurance, which in turn has exposed people to greater health risks and made it more likely that individuals will go without needed care.
(3)The current tax treatment of medical expenses has restricted the freedom of individuals to exercise direct control over their health care dollars. The exclusion from gross income for employer-provided health care plans with no corresponding tax benefit for health insurance and health care obtained by individuals (except the self-employed) constitutes a strong preferment for health care provided through employers’ group plans as compared to health care that individuals purchase for themselves. This is why 90 perecent of Americans under age 65 with private health insurance receive it through their employer.
(4)Providing a tax benefit for employer-provided plans, but not for individually-purchased health care, discriminates against individuals who work for companies that do not provide health benefits, individuals who are temporarily employed, and the disabled.
(5)In many cases, employers are not able to offer their employees a variety of health insurance plans. The Tax Code’s provision of benefits for mostly employer-provided health insurance has discriminated against individuals who work for these employers, especially small businesses. This is why 90 percent of American businesses that provide health insurance offer employees the “choice” of only one health care plan. Americans who work for businesses with fewer than 25 employees are half as likely to have health coverage as those working for companies with 1,000 or more employees.
(6)The Tax Code’s preferment of employer-provided group plans has triggered a marketplace response reflected in the significant increases in large group health care delivery, and the creation of a few health care conglomerates in lieu of thousands of competitive providers of medical services and health insurance. This has increasingly placed medical decisions in the hands of health care bureaucracies, and significantly eroded the doctor-patient relationship. Medical decisions should be returned to doctors and their patients. This will result in higher quality treatment and more patient protection.
(7)Consumers should have the freedom to purchase the health insurance of their choice, to choose their own doctors, and to make their own decisions about their health care.
(8)By putting the medical choices made by individuals on an equal footing with the medical choices made for them by their employers and third parties, the Tax Code can encourage greater choice and competition, thereby reducing the cost of necessary insurance for all Americans. This will enable millions more Americans to obtain needed health coverage, to make their own choices about which doctors to see, and to have access to the quality care they deserve and expect.
3.Tax deductibility of medical expenses for individuals
(a)In generalSection 213(a) of the Internal Revenue Code of 1986 (relating to the treatment of medical and dental expenses) is amended to read as follows:

(a)Allowance of deductionThere shall be allowed as a deduction the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, the taxpayer’s spouse, or a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)..
(b)Effective dateThe amendment made by subsection (a) shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.


114 HR 4258 IH: Quarantining the Ayatollah’s State-Sponsored Aggression and Militancy (QASSAM) Act
U.S. House of Representatives
2015-12-15
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
		114th CONGRESS
		1st Session
		H. R. 4258
		IN THE HOUSE OF REPRESENTATIVES

			December 15, 2015
			Mr. Roskam (for himself, Mr. Nunes, Mr. Pompeo, and Mr. Zeldin) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial 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 concerned

		A BILL
		To impose sanctions against any entity with respect to which Iran’s Revolutionary Guard Corps owns,
			 directly or indirectly, a 20 percent or greater interest in the entity,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Quarantining the Ayatollah’s State-Sponsored Aggression and Militancy (QASSAM) Act. IIran’s Revolutionary Guard Corps Watch List and Report 101.FindingsCongress finds the following:
 (1)Iran’s Revolutionary Guard Corps (IRGC) threatens the national security of the United States and United States allies.
 (2)The IRGC provides direct sponsorship and support to numerous foreign terrorist organizations, including Hamas and Hezbollah, and maintains support for the Bashar al-Assad regime in Syria which is responsible for hundreds of thousands of deaths.
 (3)The United States holds the IRGC responsible for severe and continuing human rights violations against the Iranian people, including unlawful arrests, torture, and harassment.
 (4)The United States currently upholds sanctions against the IRGC for its support of terrorism and human rights abuses.
 (5)The Office of Foreign Assets Control of the Department of the Treasury currently includes the IRGC on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (in this section referred to as the SDN list).
 (6)The Office of Foreign Assets Control of the Department of the Treasury includes on the SDN list entities in which the IRGC owns a 50 percent or greater interest. The inclusion of an entity on the SDN list results in the blocking of all assets and property of such entity. This regulation, commonly termed the 50 percent rule, is codified in section 561.405 of title 31, Code of Federal Regulations, and is the standard used by the Office of Foreign Assets Control when determining ownership of entities owned or controlled by blocked or sanctioned persons.
 (7)The IRGC maintains a powerful and expansive presence throughout Iran’s financial, commercial, and oil sectors, owning, controlling, operating, and influencing Iranian entities while producing revenues estimated in the billions of dollars. According to the Department of the Treasury, The IRGC has a growing presence in Iran’s financial and commercial sectors and extensive economic interests in the defense production, construction, and oil industries, controlling billions of dollars in corporate business..
 (8)The IRGC has continuously practiced sanctions evasion and deceptive business practices to conceal its ownership over Iranian entities, owning numerous Iranian entities which are not on the SDN list because IRGC ownership is below 50 percent, leaving such entities unsanctioned and open to business.
 (9)As sanctions are lifted and Iran becomes more open to international commerce, the international community must be aware of any and all entities that are IRGC-owned, -controlled, -operated, or influenced, including those entities that do not make the threshold to be included on the SDN list.
				102.Imposition of sanctions against entities owned in whole or in part by IRGC
 (a)In generalThe President shall impose the sanctions described in subsection (b) against any entity with respect to which Iran’s Revolutionary Guard Corps owns, directly or indirectly, a 20 percent or greater interest in the entity, regardless of whether the entity itself is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.
				(b)Sanctions described
 (1)In generalThe blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of an entity if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
 (2)Inapplicability of national emergency requirementThe requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section.
 (c)DefinitionsIn this section: (1)PersonThe term person means an individual or entity.
 (2)United States personThe term United States person means— (A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
 (B)an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
						103.IRGC Watch List and report
 (a)In generalThe Secretary of the Treasury shall establish, maintain, and publish in the Federal Register a list of each entity with respect to which Iran’s Revolutionary Guard Corps—
 (1)owns, directly or indirectly, any interest that is less than 20 percent in the entity; or (2)does not own any interest in the entity but maintains a presence on the board of directors of the entity or otherwise influences the actions, policies, or personnel decisions of the entity.
 (b)ReportNot later than 90 days after the date of the enactment of the Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on any changes to the list required by subsection (a).
 (c)ReferenceThe list required by subsection (a) shall be known as the IRGC Watch List. 104.DefinitionsExcept as otherwise provided, in this title:
 (1)EntityThe term entity means any corporation, business association, partnership, trust, society, or any other entity. (2)IRGCThe term IRGC means Iran’s Revolutionary Guard Corps.
				IIOther provisions
			201.Authority of States and local governments to divest from certain companies that engage in
			 investment or business activities with Iran’s Revolutionary Guard Corps
 (a)In generalSubtitle B of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1247), is amended by adding at the end the following:

						313.Authority of States and local governments to divest from persons that engage in investment or
			 business activities with Iran’s Revolutionary Guard Corps
 (a)Sense of CongressIt is the sense of Congress that the United States should support the decision of any State or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of assets of the State or local government in, a person that engages in investment or business activities with Iran’s Revolutionary Guard Corps or Iran’s Revolutionary Guard Corps-related companies, as long as Iran’s Revolutionary Guard Corps is subject to economic sanctions imposed by the United States.
 (b)Authority To divestNotwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment or business activities with Iran’s Revolutionary Guard Corps or Iran’s Revolutionary Guard Corps-related companies described in subsection (c).
 (c)Investment or business activities describedA person engages in investment or business activities with Iran’s Revolutionary Guard Corps or Iran’s Revolutionary Guard Corps-related companies if the person—
 (1)has a financial investment in Iran’s Revolutionary Guard Corps or an Iran’s Revolutionary Guard Corps-related company;
 (2)owns, in whole or in part, an Iran’s Revolutionary Guard Corps-related company; or (3)is a financial institution that extends credit or financing to another person, for 45 days or more, if that person will use the credit or financing for investment in an Iran’s Revolutionary Guard Corps-related company.
 (d)RequirementsAny measure taken by a State or local government under subsection (b) shall meet the following requirements:
 (1)NoticeThe State or local government shall provide written notice to each person to which a measure is to be applied.
 (2)TimingThe measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1).
 (3)Opportunity for hearingThe State or local government shall provide an opportunity to comment in writing to each person to which a measure is to be applied. If the person demonstrates to the State or local government that the person does not engage in investment or business activities with Iran’s Revolutionary Guard Corps or Iran’s Revolutionary Guard Corps-related companies described in subsection (c), the measure shall not apply to the person.
 (4)Sense of Congress on avoiding erroneous targetingIt is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in business or investment activities with Iran’s Revolutionary Guard Corps or Iran’s Revolutionary Guard Corps-related companies described in subsection (c).
 (e)Notice to Department of JusticeNot later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit written notice to the Attorney General describing the measure.
 (f)NonpreemptionA measure of a State or local government authorized under subsection (b) or (i) is not preempted by any Federal law or regulation.
 (g)DefinitionsIn this section: (1)Assets (A)In generalExcept as provided in subparagraph (B), the term assets refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government.
 (B)ExceptionThe term assets does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
 (2)InvestmentThe investment includes— (A)a commitment or contribution of funds or property;
 (B)a loan or other extension of credit; and (C)the entry into or renewal of a contract for goods or services.
									(h)Effective date
 (1)In generalExcept as provided in paragraph (2) or subsection (i), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act.
 (2)Notice requirementsExcept as provided in subsection (i), subsections (d) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act.
								(i)Authorization for prior enacted measures
 (1)In generalNotwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) adopted by the State or local government before the date of this section that provides for the divestment of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in business or investment activities with Iran’s Revolutionary Guard Corps or Iran’s Revolutionary Guard Corps-related companies (determined without regard to subsection (c)) or other business or investment activities that are identified in the measure.
 (2)Application of notice requirementsA measure described in paragraph (1) shall be subject to the requirements of paragraphs (1) and (2) and the first sentence of paragraph (3) of subsection (d) on and after the date that is 2 years after the date of the enactment of this Act.
 (j)Rule of constructionNothing in this section or any other provision of law authorizing sanctions with respect to Iran shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (15 U.S.C. 1011 et seq.) (commonly known as the McCarran-Ferguson Act)..
 (b)Clerical amendmentThe table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by adding after the item relating to section 312 the following:

							Sec. 313. Authority of States and local governments to divest from certain companies that engage in
			 investment or business activities with Iran’s Revolutionary Guard Corps..
				IIITermination
 301.TerminationThis Act and the amendments made by this Act shall terminate on the date that is 30 days after the date on which the President makes the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).


115 HRES 947 IH: Expressing support for the designation of July 9 as “Warrant Officer Day”.
U.S. House of Representatives
2018-06-19
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.

IV115th CONGRESS2d SessionH. RES. 947IN THE HOUSE OF REPRESENTATIVESJune 19, 2018Mrs. Roby (for herself, Mr. Rogers of Alabama, Mr. Aderholt, Mr. Brooks of Alabama, Ms. Sewell of Alabama, Mr. Byrne, and Mr. Palmer) submitted the following resolution; which was referred to the Committee on Armed ServicesRESOLUTIONExpressing support for the designation of July 9 as Warrant Officer Day.

 Whereas the Army Warrant Officer Corps was established on July 9, 1918, in the Army Mine Planter Service of the Coast Artillery, authorizing a total of 40 warrant officers to serve as masters, mates, chief engineers, and assistant engineers on each mine planting vessel;
 Whereas section 4a of An Act for making further and more effectual provision for the national defense, and for other purposes (Public Law 64–85; 39 Stat. 166), as amended by the Act of June 4, 1920 (Public Law 66–242; 41 Stat. 759), provided for warrant officers to serve in clerical, administrative, and bandleader positions;
 Whereas in 1926, Jen Doble and Olive Hoskins became the first two female soldiers appointed to the rank of warrant officer;
 Whereas in 1953, the inception of the Warrant Officer Flight Program led to the training of thousands of warrant officers who later became helicopter pilots during the Vietnam War;
 Whereas in 1954, the Warrant Officer Act of 1954 (Public Law 83–379; 68 Stat. 157) established warrant officer grades W–1 through W–4, and officially eliminated the Mine Planter Service;
 Whereas in 1972, the United States Army Warrant Officers Association was founded by chief warrant officer, W–4 Donald Hess;
 Whereas in 1985, the United States Army Warrant Officers Association became a founding member of the Military Coalition, a consortium of more than 30 military and veterans service organizations, now representing more than 5,500,000 current and former members of the Armed Forces, veterans, and their families and survivors;
 Whereas the Department of Defense Authorization Act, 1986 (Public Law 99–145; 99 Stat. 583) amended title 10, United States Code, to provide that Permanent appointments of regular chief warrant officers shall be made by commission by the President.;
 Whereas the Warrant Officer Management Act (title XI of Public Law 102–190; 105 Stat. 1290) established, among other matters, the rank of chief warrant officer, W–5;
 Whereas beginning in 1999, the Secretary of Defense has developed a team of Senior Warrant Officer Leaders across all components of the Army, represented today by the Army Senior Warrant Officer Council, which reports to the Vice Chief of Staff of the Army, and whose primary mission is to address relevant issues concerning systems, policies, and programs of the Army designed to produce ready and relevant warrant officers;
 Whereas in 2004, the Warrant Officer Corps was formally integrated into, and as a cohort of, the larger Army Officer Corps;
 Whereas warrant officers have long been referred to as the Guardians of the Army's Technology; Whereas today a warrant officer is a self-aware and adaptive technical expert, combat leader, trainer, and advisor at progressively higher leadership tables, throughout a successful career; and
 Whereas, on July 9, 2018, warrant officers of the Army will celebrate a century of service to the Army: Now, therefore, be it

 That the House of Representatives— (1)supports the designation of a Warrant Officer Day; and
 (2)honors and recognizes the contributions of all warrant officers of the Army, past, present, and future.