I 

108TH CONGRESS 

1ST SESSION H. R. 349

To amend the Internal Revenue Code of 1986 to provide a tax credit to 

employers for the value of the service not performed during the period 

employees are performing service as members of the Ready Reserve 

or the National Guard. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2003

Mr. BILIRAKIS 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 provide 

a tax credit to employers for the value of the service 

not performed during the period employees are performing service as members of the Ready Reserve or 

the National Guard.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. READY RESERVE-NATIONAL GUARD EMPLOYEE 

4 CREDIT ADDED TO GENERAL BUSINESS 

5 CREDIT. 

6 (a) READY RESERVE-NATIONAL GUARD CREDIT.—

7 Subpart D of part IV of subchapter A of chapter 1 of 
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1 the Internal Revenue Code of 1986 (relating to business2 related credits) is amended by adding at the end the fol3 lowing new section: 

4 ‘‘SEC. 45G. READY RESERVE-NATIONAL GUARD EMPLOYEE 

5 CREDIT. 

6 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

7 the Ready Reserve-National Guard employee credit deter8 mined under this section for the taxable year is an amount 

9 equal to 10 percent of the unpaid compensation amount 

10 for the taxable year. 

11 ‘‘(b) DEFINITION OF UNPAID COMPENSATION

12 AMOUNT.—For purposes of this section, the term ‘unpaid 

13 compensation amount’ means the amount of compensation 

14 which ordinarily would have been paid or incurred by an 

15 employer with respect to a Ready Reserve-National Guard 

16 employee on any day during a taxable year but was not 

17 paid because the employee was absent from employment 

18 for the purpose of performing qualified active duty. 

19 ‘‘(c) LIMITATIONS.—

20 ‘‘(1) MAXIMUM CREDIT.—The maximum credit 

21 allowable under subsection (a) shall not exceed 

22 $2,000 in any taxable year with respect to any one 

23 Ready Reserve-National Guard employee. 

24 ‘‘(2) DAYS OTHER THAN WORK DAYS.—No 

25 credit shall be allowed with respect to a Ready Re-
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1 serve-National Guard employee who performs quali2 fied active duty on any day on which the employee 

3 was not scheduled to work (for a reason other than 

4 to participate in qualified active duty) and ordinarily 

5 would not have worked. 

6 ‘‘(d) DEFINITIONS.—For purposes of this section—

7 ‘‘(1) QUALIFIED ACTIVE DUTY.—The term 

8 ‘qualified active duty’ means—

9 ‘‘(A) active duty in connection with which 

10 an employee is entitled to reemployment rights 

11 and other benefits or to a leave of absence from 

12 employment under chapter 43 of title 38, 

13 United States Code, and 

14 ‘‘(B) hospitalization incident to such duty. 

15 Such term shall not include training duty specified 

16 in section 10147 of title 10, United States Code (re17 lating to training requirements for the Ready Re18 serve), or section 502(a) of title 32, United States 

19 Code (relating to required drills and field exercises 

20 for the National Guard). 

21 ‘‘(2) COMPENSATION.—The term ‘compensa22 tion’ means any remuneration for employment, 

23 whether in cash or in kind, which, if paid by the tax24 payer, would have been deductible from the tax25 payer’s gross income under section 162(a)(1). 
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1 ‘‘(3) READY RESERVE-NATIONAL GUARD EM2 PLOYEE.—The term ‘Ready Reserve-National Guard 

3 employee’ means an employee who is a member of 

4 the Ready Reserve or of the National Guard. 

5 ‘‘(4) NATIONAL GUARD.—The term ‘National 

6 Guard’ has the meaning given such term by section 

7 101(c)(1) of title 10, United States Code. 

8 ‘‘(5) READY RESERVE.—The term ‘Ready Re9 serve’ has the meaning given such term by section 

10 10142 of title 10, United States Code.’’. 

11 (b) CREDIT TO BE PART OF GENERAL BUSINESS

12 CREDIT.—Subsection (b) of section 38 of such Code (re13 lating to general business credit) is amended by striking 

14 ‘‘plus’’ at the end of paragraph (14), by striking the period 

15 at the end of paragraph (15) and inserting ‘‘, plus’’, and 

16 by adding at the end the following new paragraph: 

17 ‘‘(16) the Ready Reserve-National Guard em18 ployee credit determined under section 45G(a).’’. 

19 (c) CONFORMING AMENDMENT.—The table of sec20 tions for subpart D of part IV of subchapter A of chapter 

21 1 of the Internal Revenue Code of 1986 is amended by 

22 inserting after the item relating to section 45F the fol23 lowing new item:

‘‘Sec. 45G. Ready Reserve-National Guard employee credit.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2002.

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