STATE LEGISLATORS’ TRAVEL EXPENSES AWAY FROM HOME.

SEC. 604. STATE LEGISLATORS’ TRAVEL EXPENSES AWAY FROM HOME. (a) In General.— For purposes of section 162(a) of the Internal Revenue Code of 1954, in the case of any individual who was a State legislator at any time during any taxable year beginning before January 1, 1976, and who elects the application of this section, for any period during such a taxable year in which he was a State legislator— (1) the place of residence of such individual within the legislative district which he represented shall be considered his home, and (2) he shall be deemed to have expended for living expenses (in connection with his trade or business as a legislator) an amount equal to the sum of the amounts determined by multiplying each legislative day of such individual during the taxable year by the amount generally allowable with inspect to such day to employees of the executive branch of the Federal Government for per diem while away from home but serving in the United States. (b) Legislative Days.— For purposes of subsection (a), a legislative day during any taxable year for any individual shall be any day during such year on which (1) the legislature was in session (including any day in which the legislature was not in session for a period of 4 consecutive days or less), or (2) the legislature was not in session but the physical presence of the individual was formally recorded at a meeting of a committee of such legislature. (c) Limitation.— The amount taken into account as living expenses attributable to a trade or business as a State legislator for any taxable year under an election made under this section shall not exceed the amount claimed for such purpose under a return (or amended return) filed before May 21, 1976. (d) Making and Effect of Election.— An election under this section shall be made at such time and in such manner as the Secretary of the Treasury or his delegate shall by regulations prescribe. Any such election shall apply to all taxable years beginning before January 1, 1976, for which the period for assessing or collecting» deficiency has not expired before the date of the enactment of this Act.