Home > 106th Congressional Bills > S. 1626 (is) To amend title XVIII of the Social Security Act to improve the process by which the Secretary of Health and Human Services makes coverage determinations for items and services furnished under the medicare program, and for other purposes. [Int...S. 1626 (is) To amend title XVIII of the Social Security Act to improve the process by which the Secretary of Health and Human Services makes coverage determinations for items and services furnished under the medicare program, and for other purposes. [Int...
108th CONGRESS
1st Session
S. 1625
To amend the Internal Revenue Code of 1986 to allow small business
employers a credit against income tax for certain expenses for long-
term training of employees in highly skilled small business trades.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2003
Mr. Allard introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to allow small business
employers a credit against income tax for certain expenses for long-
term training of employees in highly skilled small business trades.
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 ``Apprenticeship, Training, and
Employment Act of 2003''.
SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN
HIGHLY SKILLED SMALL BUSINESS TRADES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY
SKILLED SMALL BUSINESS TRADES.
``(a) General Rule.--For purposes of section 38, in the case of a
small business employer, the highly skilled trades training credit
determined under this section for the taxable year is $10,000 for each
employee (not to exceed 3 employees) having a qualified training year
ending with or within such taxable year (whether or not such employee
is an employee of the taxpayer as of the close of such taxable year).
``(b) Definitions.--For purposes of this section--
``(1) Small business employer.--
``(A) In general.--The term `small business
employer' means, with respect to any taxable year, any
employer who qualifies during such taxable year as a
specialty trade contractor under subsector 238 of
sector 23 contained in the table under section 121.201
of title 13, Code of Federal Regulations, as in effect
on the date of the enactment of this section.
``(B) Controlled groups.--For purposes of
subparagraph (A), all persons treated as a single
employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
``(2) Qualified training year.--
``(A) In general.--The term `qualified training
year' means each year during the training period in
which the employee received at least 1,500 hours of
training (including on-the-job training and training at
multi-employer training facilities) from the taxpayer
(or any predecessor) under a qualified training program
as an apprentice in any highly skilled trade.
``(B) Highly skilled trades.--For purposes of
subparagraph (A), the term `highly skilled trades'
means any specialty trade specified under subsector 238
of sector 23 contained in the table under section
121.201 of title 13, Code of Federal Regulations, as in
effect on the date of the enactment of this section.
Such term shall not include any trade if the customary
apprenticeship period for such trade is less than 2
years.
``(C) Qualified training program.--
``(i) In general.--The term `qualified
training program' means a written plan of study
and training for individuals in, or entering
into, highly skilled trades.
``(ii) Description of programs.--A plan
under clause (i) must be a program which meets
the requirements of clause (iii) and is
either--
``(I) an apprenticeship program
registered and certified with the
Secretary of Labor under section 1 of
the National Apprenticeship Act (29
U.S.C. 50), or
``(II) a program licensed,
registered, or certified by the
workforce investment board or
apprenticeship agency or council of a
State or administered in compliance
with apprenticeship laws of a State.
``(iii) Requirements.--A program meets the
requirements of this clause if such program--
``(I) is accessible to individuals
without discrimination on the basis of
race, sex, color, religion, or national
origin,
``(II) provides an overview of the
trade, including the history and modern
developments in such trade,
``(III) provides related
instruction of the fundamental,
intermediate, and advanced skills,
techniques, and materials of the trade,
``(IV) provides training in math,
measurement, and blueprint reading
skills, if such skills are required in
the trade,
``(V) provides training on trade-
specific tools and equipment,
``(VI) provides trade specific
safety and health training,
``(VII) provides on-the-job
training which allows performance of
work under close supervision of an
instructor or skilled worker, and
``(VIII) provides periodic review
and evaluation of participants to
demonstrate proficiency in skills,
including the use of tests and
assessment of individual and group
projects.
``(3) Training period.--The term `training period' means,
with respect to an employee, the period--
``(A) beginning on the date that the employee
begins employment with the taxpayer as an apprentice in
the highly skilled trade, and
``(B) ending on the earlier of--
``(i) the date that such apprenticeship
with the employer ends, or
``(ii) the date which is 2 years after the
date referred to in subparagraph (A).
``(c) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 51(a) and 1396(a) with respect to
any employee shall be reduced by the credit allowed by this section
with respect to such employee.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(16) in the case of a small business employer (as defined
in section 45G(b)), the highly skilled trades training credit
determined under section 45G(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Training Expenses for Employees in Highly Skilled
Small Business Trades.--No deduction shall be allowed for that portion
of the expenses otherwise allowable as a deduction for the taxable year
which is equal to the amount of the credit determined for the taxable
year under section 45G(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45G. Expenses for long-term
training of employees in highly
skilled small business
trades.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred in the taxable years ending after
the date of the enactment of this Act.
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