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Code · BILL · 113th Congress · H.R. 3939 (Introduced in House) — To amend the Internal Revenue Code of 1986 to jumpstart the sluggish economy, finance critical infrastructure investm... · Sec. 302

Sec. 302. Qualified Job Training Partnerships credit

1,876 words·~9 min read·/bill/113/hr/3939/ih/section-302

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Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48D the following new section: For purposes of section 46, the Qualified Job Training Partnership credit for any taxable year is an amount equal to the percentage determined by the Secretary (not to exceed 100 percent) of the qualified investment for such taxable year with respect to any Qualified Job Training Partnership. For purposes of subsection (a), the qualified investment for any taxable year is the aggregate amount of the costs paid or incurred in such taxable year by one or more eligible private business employers for expenses necessary for and directly related to the conduct of a Qualified Job Training Partnership in the form of contributions of cash, cash equivalent, equipment, or any combination of the three where 100 percent of the investment is used for the planning, implementation, or operation of a Qualified Job Training Partnership and the training financed through the investment must result in a type of certificate or credential recognized by a State accrediting body, Federal Apprenticeship Agency, or any other national accrediting body recognized by the Department of Education as an independent, third-party accrediting body.
The amount which is treated as qualified investment for all taxable years with respect to any Qualified Job Training Partnership shall not exceed the amount certified by the Secretary as eligible for the credit under this section. The qualified investment for any taxable year with respect to any Qualified Job Training Partnership shall not take into account any cost for student tuition or for any other expense as determined by the Secretary as appropriate to carry out the purposes of this section.
In the case of costs described in paragraph
(1)that are paid for property of a character subject to an allowance for depreciation, rules similar to the rules of subsections (c)(4) and
(d)of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. The term Qualified Job Training Partnership means a formal or informal partnership between at least 1 eligible private business employer and— 1 qualified educational institution, or 1 labor organization (as defined in section 2(5) of the National Labor Relations Act), where the stated goal of the partnership is to train students in job-ready skills. The term eligible private business employer means— a business entity at least 50 percent of the gross income of which is derived from qualified production activities (within the meaning of section 199(c)), or any type of domestic business entity the average number of full-time employees of which for the taxable year is not more than 500. The term qualified educational institution means any institution of higher education described in section 101 of the Higher Education Act of 1965 which provides a 2-year program that culminates in an associate degree. Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Labor, shall establish a Qualified Job Training Partnership program to consider and award certifications for qualified investments eligible for credits under this section to Qualified Job Training Partnerships. The total amount of credits that may be allocated under the program shall not exceed $1,000,000,000. Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require during the period beginning on the date the Secretary establishes the program under paragraph (1). The Secretary shall take action to approve or deny any application under subparagraph
(A)within 30 days of the submission of such application. An application for certification under subparagraph
(A)may include a request for an allocation of credits for more than 1 year. In determining the Qualified Job Training Partnerships with respect to which qualified investments may be certified under this section, the Secretary— shall give priority to those applications which demonstrate— the greatest probability that those who complete the program will secure employment; the greatest potential for providing workers who complete the program with skills that can provide long-term job and income security; the strongest market demand for the type of training offered; the greatest probability that the program would create a net increase in job training opportunities; a strong need in the community for skills training; the ability to allow nontraditional learners to complete the training; and the ability and capacity to implement the program in a reasonable period of time; and shall take into additional consideration which applications show— the ability to leverage additional sources of capital; and the greatest ability to offer training programs that result in a certificate or credential (within the meaning of subsection (b)(1)) that is stackable or portable or both. Not later than 1 year after the date of enactment of this section, the Secretary shall review the credits allocated under this section as of such date. If the Secretary determines at the time of the review that credits under this section are available for allocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to allocate such available credits through the conduct of an additional program or programs for applications for certification. The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. For purposes of this subtitle, if a credit is allowed under this section for an expenditure related to property of a character subject to an allowance for depreciation, the basis of such property shall be reduced by the amount of such credit. A credit shall not be allowed under this section for any investment for which bonus depreciation is allowed under section 168(k), 1400L(b)(1), or 1400N(d)(1). No deduction under this subtitle shall be allowed for the portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under this section for the taxable year which is equal to the amount of the credit determined for such taxable year under subsection
(a)attributable to such portion. This subparagraph shall not apply to expenses related to property of a character subject to an allowance for depreciation the basis of which is reduced under paragraph (1). . Section 46 of the Internal Revenue Code of 1986 is amended— by adding a comma at the end of paragraph (4), by striking and at the end of paragraph (5), by striking the period at the end of paragraph
(6)and inserting , and , and by adding at the end the following new paragraph: the Qualified Job Training Partnerships credit. . Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (v), by striking the period at the end of clause
(vi)and inserting , and , and by adding at the end the following new clause: the basis of any property to which paragraph
(1)of section 48E(e) applies which is part of a Qualified Job Training Partnership under such section 48E. . The table of sections for subpart E 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 48D the following new item: Sec. 48E. Qualified Job Training Partnership credit. . Upon application, the Secretary of the Treasury shall, subject to the requirements of this subsection, provide a grant to each person who makes a qualified investment in a Qualified Job Training Partnership in an amount not to exceed 100 percent of such investment. At the stated election of the applicant, an application for certification under section 48E(d)(2) of the Internal Revenue Code of 1986 for a credit under such section for any taxable year shall be considered to be an application for a grant under paragraph
(1)for such taxable year. An application for a grant under paragraph
(1)for any taxable year shall be submitted— not earlier than the day after the last day of such taxable year, and not later than the due date (including extensions) for filing the return of tax for such taxable year. An application for a grant under paragraph
(1)shall include such information and be in such form as the Secretary of the Treasury may require to state the amount of the credit allowable (but for the receipt of a grant under this subsection) under section 48E for the taxable year for the qualified investment with respect to which such application is made. The Secretary of the Treasury shall make payment of the amount of any grant under paragraph
(1)during the 30-day period beginning on the later of— the date of the application for such grant, or the date the qualified investment for which the grant is being made is made. In the case of investments of an ongoing nature, the Secretary of the Treasury shall issue regulations to determine the date on which a qualified investment shall be deemed to have been made for purposes of this paragraph. For purposes of this subsection, the term qualified investment means a qualified investment that is certified under section 48E(d) of the Internal Revenue Code of 1986 for purposes of the credit under such section 48E. In making grants under this subsection, the Secretary of the Treasury shall apply rules similar to the rules of section 50 of the Internal Revenue Code of 1986. In applying such rules, any increase in tax under chapter 1 of such Code by reason of an investment ceasing to be a qualified investment shall be imposed on the person to whom the grant was made. If the amount of a grant made under this subsection exceeds the amount allowable as a grant under this subsection, such excess shall be recaptured under subparagraph
(A)as if the investment to which such excess portion of the grant relates had ceased to be a qualified investment immediately after such grant was made. In no event shall the amount of a grant made under paragraph (1), the identity of the person to whom such grant was made, or a description of the investment with respect to which such grant was made be treated as return information for purposes of section 6103 of the Internal Revenue Code of 1986. Any reference in this subsection to the Secretary of the Treasury shall be treated as including the Secretary's delegate. Any term used in this subsection which is also used in section 48E of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this subsection as when used in such section. No credit shall be allowed under section 46(7) of the Internal Revenue Code of 1986 by reason of section 48E of such Code for any investment for which a grant is awarded under this subsection. There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this subsection. The amendments made by subsections
(a)through
(d)of this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years beginning after such date.
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