Sec. 3. Precertification by Secretary of Labor
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The Secretary of Labor shall establish a process through which the Secretary shall precertify providers of courses or programs of training services as qualified entities providing qualified training services (as such terms are defined in section 36A(b) of the Internal Revenue Code of 1986), to enable the providers and courses or programs to qualify for the tax credit provided under such section 36A. By not later than 60 days after the date of enactment of this Act, the Secretary of Labor shall create and publish the precertification requirements— for a provider to be a qualified entity for purposes of section 36A(b)(2)(B) of the Internal Revenue Code of 1986, and for a course or program of study related to a high-need area, as determined by the Secretary of Labor, to be a qualified training service for purposes of section 36A(b)(3)(B) of such Code.
In determining the high-need areas for purposes of paragraph (1)(B), the Secretary of Labor shall— include computer science and technology, and consider— the graduate areas of national need designated by the Secretary of Education under section 712(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1135a(b) ), and the STEM Designated Degree Program list issued by the Department of Homeland Security for purposes of the 24-month optional practical training extension described in section 214.2(f)(10)(ii)
(C)of title 8, Code of Federal Regulations. If the Secretary of Labor precertifies a provider and a course or program of study under this section, such provider and course or program of study shall be considered to be a qualified entity for purposes of section 36A(b)(2)(B) of the Internal Revenue Code of 1986 and a qualified training service for purposes of section 36(A)(b)(3)(B) of such Code, for the entire period— beginning on the date of this Act, and ending on December 31, 2021. A provider of training services that desires to be precertified as a qualified provider that offers a qualified training service shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall ensure that the application required under this paragraph— is streamlined and easy to complete, and includes, at a minimum, information and data regarding— the credential earned through the course or program, the average student completion rate for the program for the 3-year period preceding the date of application, the costs of enrollment in the program, the average employment rate for individuals who complete the program during such period, and the average earnings for individuals who complete the program during such period. In any case where an individual enrolling in a training service notifies a provider of training services that the individual intends to claim the credit allowed under section 36A of the Internal Revenue Code of 1986 with respect to the training service, the provider shall— inform the individual if the provider and the service qualify as a qualified training provider and qualified training service for purposes of such section, and if the provider has applied but has not yet received precertification for the provider or program from the Secretary of Labor under this section, alert the individual that the provider and program has not yet been precertified.
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Sec. 3
Precertification by Secretary of Labor
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