[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 394 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 394

To amend the Internal Revenue Code of 1986 to allow employers a credit 
  against income tax with respect to employees who participate in the 
military reserves, to allow a comparable credit for participating self-
employed individuals, and to restore the pre-1986 status of deductions 
incurred in connection with services performed as a member of a Reserve 
                     component of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2001

   Mr. Nethercutt (for himself, Mr. Foley, Mr. Reyes, Ms. Dunn, Mr. 
   Watkins, Mr. Doyle, Mrs. Emerson, Mr. English, and Mrs. Thurman) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to allow employers a credit 
  against income tax with respect to employees who participate in the 
military reserves, to allow a comparable credit for participating self-
employed individuals, and to restore the pre-1986 status of deductions 
incurred in connection with services performed as a member of a Reserve 
                     component of the Armed Forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reserve Employer Tax Credit Act of 
2001''.

SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business-related 
credits) is amended by adding at the end the following new section:

``SEC. 45E. RESERVE FORCE PARTICIPATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the reserve force 
participation credit determined under this section is an amount equal 
to the sum of--
            ``(1) the employment credit with respect to all qualified 
        employees of the taxpayer, plus
            ``(2) the self-employment credit of a qualified self-
        employed taxpayer.
    ``(b) Employment Credit.--For purposes of this section--
            ``(1) In general.--The employment credit with respect to a 
        qualified employee of the taxpayer for any taxable year is 
        equal to 50 percent of the amount of qualified compensation 
        that would have been paid to the employee with respect to all 
        periods during which the employee participates in qualified 
        reserve duty to the exclusion of normal employment duties, 
        including time spent in a travel status had the employee not 
        been participating in qualified reserve duty. The employment 
        credit, with respect to all qualified employees, is equal to 
        the sum of the employment credits for each qualified employee 
        under this subsection.
            ``(2) Qualified compensation.--When used with respect to 
        the compensation paid or that would have been paid to a 
        qualified employee for any period during which the employee 
        participates in qualified reserve duty, the term `qualified 
        compensation' means compensation--
                    ``(A) which is normally contingent on the 
                employee's presence for work and which would be 
                deductible from the taxpayer's gross income under 
                section 162(a)(1) if the employee were present and 
                receiving such compensation, and
                    ``(B) which is not characterized by the taxpayer as 
                vacation or holiday pay, or as sick leave or pay, or as 
                any other form of pay for a nonspecific leave of 
                absence, and with respect to which the number of days 
                the employee participates in qualified reserve duty 
                does not result in any reduction in the amount of 
                vacation time, sick leave, or other nonspecific leave 
                previously credited to or earned by the employee.
            ``(3) Qualified employee.--The term `qualified employee' 
        means a person who--
                    ``(A) has been an employee of the taxpayer for the 
                21-day period immediately preceding the period during 
                which the employee participates in qualified reserve 
                duty, and
                    ``(B) is a member of the Ready Reserve of a reserve 
                component of an Armed Force of the United States as 
                defined in sections 10142 and 10101 of title 10, United 
                States Code.
    ``(c) Self-Employment Credit.--
            ``(1) In general.--The self-employment credit of a 
        qualified self-employed taxpayer for any taxable year is equal 
        to 50 percent of the excess, if any, of--
                    ``(A) the self-employed taxpayer's average daily 
                self-employment income for the taxable year over
                    ``(B) the average daily military pay and allowances 
                received by the taxpayer during the taxable year, while 
                participating in qualified reserve duty to the 
                exclusion of the taxpayer's normal self-employment 
                duties for the number of days the taxpayer participates 
                in qualified reserve duty during the taxable year, 
                including time spent in a travel status.
            ``(2) Average daily self-employment income and average 
        daily military pay and allowances.--As used with respect to a 
        self-employed taxpayer--
                    ``(A) the term `average daily self-employment 
                income' means the self-employment income (as defined in 
                section 1402) of the taxpayer for the taxable year 
                divided by the difference between--
                            ``(i) 365, and
                            ``(ii) the number of days the taxpayer 
                        participates in qualified reserve duty during 
                        the taxable year, including time spent in a 
                        travel status, and
                    ``(B) the term `average daily military pay and 
                allowances' means--
                            ``(i) the amount paid to the taxpayer 
                        during the taxable year as military pay and 
                        allowances on account of the taxpayer's 
                        participation in qualified reserve duty, 
                        divided by
                            ``(ii) the total number of days the 
                        taxpayer participates in qualified reserve 
                        duty, including time spent in travel status.
            ``(3) Qualified self-employed taxpayer.--The term 
        `qualified self-employed taxpayer' means a taxpayer who--
                    ``(A) has net earnings from self-employment (as 
                defined in section 1402) for the taxable year, and
                    ``(B) is a member of the Ready Reserve of a reserve 
                component of an Armed Force of the United States.
    ``(d) Credit In Addition to Deduction.--The employment credit 
provided in this section is in addition to any deduction otherwise 
allowable with respect to compensation actually paid to a qualified 
employee during any period the employee participates in qualified 
reserve duty to the exclusion of normal employment duties.
    ``(e) Limitations.--
            ``(1) Maximum credit.--
                    ``(A) In general.--The credit allowed by subsection 
                (a) for the taxable year--
                            ``(i) shall not exceed $7,500 in the 
                        aggregate, and
                            ``(ii) shall not exceed $2,000 with respect 
                        to each qualified employee.
                    ``(B) Controlled groups.--For purposes of applying 
                the limitations in subparagraph (A)--
                            ``(i) all members of a controlled group 
                        shall be treated as one taxpayer, and
                            ``(ii) such limitations shall be allocated 
                        among the members of such group in such manner 
                        as the Secretary may prescribe.
                For purposes of this subparagraph, all persons treated 
                as a single employer under subsection (a) or (b) of 
                section 52 or subsection (m) or (o) of section 414 
                shall be treated as members of a controlled group.
            ``(2) Disallowance for failure to comply with employment or 
        reemployment rights of members of the reserve components of the 
        armed forces of the united states.--No credit shall be allowed 
        under subsection (a) to a taxpayer for--
                    ``(A) any taxable year in which the taxpayer is 
                under a final order, judgment, or other process issued 
                or required by a district court of the United States 
                under section 4323 of title 38 of the United States 
                Code with respect to a violation of chapter 43 of such 
                title, and
                    ``(B) the two succeeding taxable years.
            ``(3) Disallowance with respect to persons ordered to 
        active duty for training.--No credit shall be allowed under 
        subsection (a) to a taxpayer with respect to any period for 
        which the person on whose behalf the credit would otherwise be 
        allowable is called or ordered to active duty for any of the 
        following types of duty:
                    ``(A) active duty for training under any provision 
                of title 10, United States Code,
                    ``(B) training at encampments, maneuvers, outdoor 
                target practice, or other exercises under chapter 5 of 
                title 32, United States Code, or
                    ``(C) full-time National Guard duty, as defined in 
                section 101(d)(5) of title 10, United States Code.
    ``(f) General Definitions and Special Rules.--
            ``(1) Military pay and allowances.--The term `military pay' 
        means pay as that term is defined in section 101(21) of title 
        37, United States Code, and the term `allowances' means the 
        allowances payable to a member of the Armed Forces of the 
        United States under chapter 7 of that title.
            ``(2) Qualified reserve duty.--The term `qualified reserve 
        duty' includes only active duty performed, as designated in the 
        reservist's military orders, in support of a contingency 
        operation as defined in section 101(a)(13) of title 10, United 
        States Code.
            ``(3) Normal employment and self-employment duties.--A 
        person shall be deemed to be participating in qualified reserve 
        duty to the exclusion of normal employment or self-employment 
        duties if the person does not engage in or undertake any 
        substantial activity related to the person's normal employment 
        or self-employment duties while participating in qualified 
        reserve duty unless in an authorized leave status or other 
        authorized absence from military duties. If a person engages in 
        or undertakes any substantial activity related to the person's 
        normal employment or self-employment duties at any time while 
        participating in a period of qualified reserve duty, unless 
        during a period of authorized leave or other authorized absence 
        from military duties, the person shall be deemed to have 
        engaged in or undertaken such activity for the entire period of 
qualified reserve duty.
            ``(4) Certain rules to apply.--Rules similar to the rules 
        of subsections (c), (d), and (e) of section 52 shall apply for 
        purposes of this section.''
    (b) Conforming Amendment.--Section 38(b) of the Internal Revenue 
Code of 1986 (relating to general business credit) is amended--
            (1) by striking ``plus'' at the end of paragraph (12),
            (2) by striking the period at the end of paragraph (13) and 
        inserting ``, plus'', and
            (3) by adding at the end the following new paragraph:
            ``(14) the reserve force participation credit determined 
        under section 45E(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 45D the 
following new item:

                              ``Sec. 45E. Reserve force participation 
                                        credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the calendar year which includes 
the date of the enactment of this Act.

SEC. 3. DEDUCTION OF CERTAIN EXPENSES PAID OR INCURRED BY MEMBERS OF 
              THE RESERVE COMPONENTS OF THE ARMED FORCES.

    (a) In General.--Paragraph (2) of section 62(a) of the Internal 
Revenue Code of 1986 (defining adjusted gross income) is amended by 
adding at the end the following new subparagraph:
                    ``(D) Certain expenses of members of reserve 
                components of the armed forces of the united states.--
                The deductions allowed by part VI (section 161 and 
                following) which consist of--
                            ``(i) expenses of travel, meals, and 
                        lodging while away from home, and
                            ``(ii) expenses of transportation,
                paid or incurred by the taxpayer in connection with the 
                performance of services by such taxpayer as a member of 
                a Reserve component of the Armed Forces (as defined in 
                section 10101 of title 10, United States Code).''.
    (b) Two Percent Floor on Itemized Deductions Not To Apply.--
Subsection (b) of section 67 of such Code is amended by striking 
``and'' at the end of paragraph (11), by striking the period at the end 
of paragraph (12) and inserting ``, and'', and by adding at the end the 
following new paragraph:
            ``(13) the deductions under part VI (section 161 and 
        following) for expenses paid or incurred by the taxpayer in 
        connection with the performance of services by such taxpayer as 
        a member of a Reserve component of the Armed Forces (as defined 
        in section 10101 of title 10, United States Code).''.
    (c) 50-Percent Ceiling on Deduction for Meal and Entertainment, 
Etc., Expenses Not To Apply.--Paragraph (2) of section 274(n) of such 
Code is amended by striking ``or'' at the end of subparagraph (D), by 
striking the period at the end of subparagraph (E) and inserting ``, 
or'', and by inserting after subparagraph (E) the following new 
subparagraph:
                    ``(F) any expense in connection with the 
                performance of services by the taxpayer as a member of 
                a Reserve component of the Armed Forces (as defined in 
                section 10101 of title 10, United States Code).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the calendar year which includes 
the date of the enactment of this Act.
                                 <all>