[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2963 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2963
To amend the Internal Revenue Code of 1986 to extend the work
opportunity credit for hiring veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2021
Ms. Brownley 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 extend the work
opportunity credit for hiring veterans, and for other purposes.
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 ``VOW to Hire Heroes Extension Act of
2021''.
SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS.
(a) In General.--Section 51(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following: ``The preceding sentence
shall not apply in the case of amounts paid or incurred to a qualified
veteran.''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after the date of the
enactment of this Act.
SEC. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS.
(a) In General.--Subparagraph (D) of section 51(d)(13) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(D) Pre-screening of qualified veterans.--
``(i) In general.--Subparagraph (A) shall
be applied without regard to subclause (II) of
clause (ii) thereof in the case of an
individual seeking treatment as a qualified
veteran with respect to whom the pre-screening
notice contains--
``(I) qualified veteran status
documentation,
``(II) qualified proof of
unemployment compensation, and
``(III) an affidavit furnished by
the individual stating, under penalty
of perjury, that the information
provided under subclauses (I) and (II)
is true.
``(ii) Qualified veteran status
documentation.--For purposes of clause (i), the
term `qualified veteran status documentation'
means any documentation provided to an
individual by the Department of Defense or the
National Guard upon release or discharge from
the Armed Forces which includes information
sufficient to establish that such individual is
a veteran.
``(iii) Qualified proof of unemployment
compensation.--For purposes of clause (i), the
term `qualified proof of unemployment
compensation' means, with respect to an
individual, checks or other proof of receipt of
payment of unemployment compensation to such
individual for periods aggregating not less
than 4 weeks (in the case of an individual
seeking treatment under paragraph (3)(A)(iii)),
or not less than 6 months (in the case of an
individual seeking treatment under clause
(ii)(II) or (iv) of paragraph (3)(A)), during
the 1-year period ending on the hiring date.''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after the date of the
enactment of this Act.
SEC. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN
CIRCUMSTANCES.
(a) In General.--Section 52(c) of the Internal Revenue Code of 1986
is amended--
(1) in the heading by striking ``Tax-exempt Organizations''
and inserting ``Certain employers'',
(2) in paragraph (2)--
(A) by striking ``qualified tax-exempt
organizations'' in the heading and inserting ``certain
employers'', and
(B) by striking ``by qualified tax-exempt
organizations'' in the text and inserting ``by certain
employers''.
(b) Credit Allowed to Certain For-Profit Employers.--
(1) In general.--Paragraph (1) of section 3111(e) of such
Code is amended by inserting ``or a qualified for-profit
employer'' after ``If a qualified tax-exempt organization''.
(2) Qualified for-profit employer defined.--Paragraph (5)
of section 3111(e) of such Code is amended by striking ``and''
at the end of subparagraph (A), by redesignating subparagraph
(B) as subparagraph (C), and by inserting after subparagraph
(A) the following new subparagraph:
``(B) the term `qualified for-profit employer'
means, with respect to a taxable year, an employer not
described in subparagraph (A), but only if--
``(i) such employer does not have profits
for any of the 3 taxable years preceding such
taxable year, and
``(ii) such employer elects under section
51(j) not to have section 51 apply to such
taxable year, and''.
(3) Conforming amendments.--
(A) Section 3111(e)(1) of such Code is amended by
striking ``with respect to whom a credit would be
allowable under section 38 by reason of section 51 if
the organization were not a qualified tax-exempt
organization''.
(B) Paragraphs (1) and (2) of section 3111(e) of
such Code are both amended by inserting ``or for-profit
employer'' after ``employees of the organization'' each
place it appears.
(C) Section 3111(e)(3)(C) of such Code is amended
by inserting ``in the case of a qualified tax-exempt
organization,'' before ``by only taking into account''.
(D) Section 3111(e)(4) of such Code is amended by
inserting ``or for-profit employer'' after ``the
organization''.
(E) Section 3111(e)(5)(C) of such Code, as
redesignated by paragraph (2), is amended to read as
follows:
``(C) the term `qualified veteran' means a
qualified veteran (within the meaning of section
51(d)(3)) with respect to whom a credit would be
allowable under section 38 by reason of section 51 if
the employer of such veteran were not a qualified tax-
exempt organization or a qualified for-profit
employer.''.
(c) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsections (a) and (b). Amounts
appropriated by the preceding sentence shall be transferred from the
general fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to individuals who begin work for the employer after the
date of the enactment of this Act.
SEC. 5. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and annually thereafter, the Commissioner of Internal Revenue, in
consultation with the Secretary of Labor, shall report to the Congress
on the effectiveness and cost-effectiveness of the amendments made by
sections 2, 3, and 4 in increasing the employment of veterans. Such
report shall include the results of a survey, conducted, if needed, in
consultation with the Veterans' Employment and Training Service of the
Department of Labor, to determine how many veterans are hired by each
employer that claims the credit under section 51, by reason of
subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code
of 1986.
SEC. 6. TREATMENT OF POSSESSIONS.
(a) Payments to Possessions.--
(1) Mirror code possessions.--The Secretary of the Treasury
shall pay to each possession of the United States with a mirror
code tax system amounts equal to the loss to that possession by
reason of the amendments made by this Act. Such amounts shall
be determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession of the United States.
(2) Other possessions.--The Secretary of the Treasury shall
pay to each possession of the United States which does not have
a mirror code tax system the amount estimated by the Secretary
of the Treasury as being equal to the loss to that possession
that would have occurred by reason of the amendments made by
this Act if a mirror code tax system had been in effect in such
possession. The preceding sentence shall not apply with respect
to any possession of the United States unless such possession
establishes to the satisfaction of the Secretary that the
possession has implemented (or, at the discretion of the
Secretary, will implement) an income tax benefit which is
substantially equivalent to the income tax credit in effect
after the amendments made by this Act.
(b) Coordination With Credit Allowed Against United States Income
Taxes.--The credit allowed against United States income taxes for any
taxable year under the amendments made by this Act to section 51 of the
Internal Revenue Code of 1986 to any person with respect to any
qualified veteran shall be reduced by the amount of any credit (or
other tax benefit described in subsection (a)(2)) allowed to such
person against income taxes imposed by the possession of the United
States by reason of this section with respect to such qualified veteran
for such taxable year.
(c) Definitions and Special Rules.--
(1) Possession of the united states.--For purposes of this
section, the term ``possession of the United States'' includes
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, and the United States
Virgin Islands.
(2) Mirror code tax system.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession were
the United States.
(3) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the payments under
this section shall be treated in the same manner as a refund
due from credit provisions described in such section.
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