I 
111TH CONGRESS 
1ST SESSION 
H. R. 989 
To provide a Federal income tax credit for Eagle employers, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2009 
Mr. GERLACH (for himself and Mr. ALEXANDER) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To provide a Federal income tax credit for Eagle employers, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Eagle Employers Act’’. 
SEC. 2. REDUCED TAXES FOR EAGLE EMPLOYERS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
VerDate Nov 24 2008 
00:29 Feb 13, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H989.IH
H989
wwoods2 on PRODPC68 with BILLS
‘‘SEC. 45R. REDUCTION IN TAX OF EAGLE EMPLOYERS. 
‘‘(a) IN GENERAL.—In the case of any taxable year 
with respect to which a taxpayer is certified by the Sec-
retary as an Eagle employer, the Eagle employer credit 
determined under this section for purposes of section 38 
shall be equal to 1 percent of the taxable income of the 
taxpayer which is properly allocable to all trades or busi-
nesses with respect to which the taxpayer is certified as 
an Eagle employer for the taxable year. 
‘‘(b) EAGLE EMPLOYER.—For purposes of subsection 
(a), the term ‘Eagle employer’ means, with respect to any 
taxable year, any taxpayer which— 
‘‘(1) maintains its headquarters in the United 
States if the taxpayer has ever been headquartered 
in the United States, 
‘‘(2) pays at least 60 percent of each employee’s 
health care premiums, 
‘‘(3) if such taxpayer employs at least 50 em-
ployees on average during the taxable year— 
‘‘(A) maintains or increases the number of 
full-time workers in the United States relative 
to the number of full-time workers outside of 
the United States, 
‘‘(B) compensates each employee of the 
taxpayer at an hourly rate (or equivalent there-
of) not less than an amount equal to the Fed-
VerDate Nov 24 2008 
00:29 Feb 13, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H989.IH
H989
wwoods2 on PRODPC68 with BILLS
eral poverty level for a family of three for the 
calendar year in which the taxable year begins 
divided by 2,080, 
‘‘(C) provides either— 
‘‘(i) a defined contribution plan which 
for any plan year— 
‘‘(I) requires the employer to 
make nonelective contributions of at 
least 5 percent of compensation for 
each employee who is not a highly 
compensated employee, or 
‘‘(II) requires the employer to 
make matching contributions of 100 
percent of the elective contributions of 
each employee who is not a highly 
compensated employee to the extent 
such contributions do not exceed the 
percentage specified by the plan (not 
less than 5 percent) of the employee’s 
compensation, or 
‘‘(ii) a defined benefit plan which for 
any plan year requires the employer to 
make contributions on behalf of each em-
ployee who is not a highly compensated 
employee in an amount which will provide 
VerDate Nov 24 2008 
00:29 Feb 13, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H989.IH
H989
wwoods2 on PRODPC68 with BILLS
an accrued benefit under the plan for the 
plan year which is not less than 5 percent 
of the employee’s compensation, and 
‘‘(D) provides full differential salary and 
insurance benefits for all National Guard and 
Reserve employees who are called for active 
duty, and 
‘‘(4) if such taxpayer employs less than 50 em-
ployees on average during the taxable year, either— 
‘‘(A) compensates each employee of the 
taxpayer at an hourly rate (or equivalent there-
of) not less than an amount equal to the Fed-
eral poverty level for a family of 3 for the cal-
endar year in which the taxable year begins di-
vided by 2,080, or 
‘‘(B) provides either— 
‘‘(i) a defined contribution plan which 
for any plan year— 
‘‘(I) requires the employer to 
make nonelective contributions of at 
least 5 percent of compensation for 
each employee who is not a highly 
compensated employee, or 
‘‘(II) requires the employer to 
make matching contributions of 100 
VerDate Nov 24 2008 
00:29 Feb 13, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H989.IH
H989
wwoods2 on PRODPC68 with BILLS
percent of the elective contributions of 
each employee who is not a highly 
compensated employee to the extent 
such contributions do not exceed the 
percentage specified by the plan (not 
less than 5 percent) of the employee’s 
compensation, or 
‘‘(ii) a defined benefit plan which for 
any plan year requires the employer to 
make contributions on behalf of each em-
ployee who is not a highly compensated 
employee in an amount which will provide 
an accrued benefit under the plan for the 
plan year which is not less than 5 percent 
of the employee’s compensation.’’. 
(b) ALLOWANCE AS GENERAL BUSINESS CREDIT.— 
Section 38(b) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘plus’’ at the end of paragraph (34), 
by striking the period at the end of paragraph (35) and 
inserting ‘‘, plus’’, and by adding at the end the following: 
‘‘(36) the Eagle employer credit determined 
under section 45R.’’. 
VerDate Nov 24 2008 
00:29 Feb 13, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H989.IH
H989
wwoods2 on PRODPC68 with BILLS
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2008. 
Æ 
VerDate Nov 24 2008 
00:29 Feb 13, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H989.IH
H989
wwoods2 on PRODPC68 with BILLS