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H.R. 7032, Skills Renewal Act

Summary

H.R. 7032 was introduced in the House of Representatives on May 27, 2020, by Kilmer, for himself, Brooks of Indiana, Sewell of Alabama, and Thompson of Pennsylvania, and referred to the Committee on Ways and Means. It may be cited as the Skills Renewal Act. Section 2 amends the Internal Revenue Code of 1986 to add section 36A, a skills training credit, equal to the lesser of the expenses paid or incurred for qualified training services provided by a qualified entity or $4,000 minus credits allowed for any preceding taxable year. An eligible individual is one who became unemployed or furloughed during calendar year 2020. Section 3 is headed Precertification by Secretary of Labor.

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Congressional materials
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Bills Bills 116Hr7032Ih Bills 116Hr7032Ih
Case
Bills Bills 116Hr7032Ih Bills 116Hr7032Ih

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“H.R. 7032, Skills Renewal Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7032ih-bills-116hr7032ih/, SHA-256 3c02eceb5114b3f5bd1e9c7a1ae0c0185915606968e4c76d19a9cc3e62dfc162.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 7032
                                                                       To amend the Internal Revenue Code of 1986 to establish a tax credit
                                                                           for training services received by individuals who are unemployed as
                                                                           a result of the coronavirus pandemic.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     MAY 27, 2020
                                                                       Mr. KILMER (for himself, Mrs. BROOKS of Indiana, Ms. SEWELL of Alabama,
                                                                           and Mr. THOMPSON of Pennsylvania) 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 establish
                                                                          a tax credit for training services received by individuals
                                                                          who are unemployed as a result of the coronavirus pan-
                                                                          demic.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Skills Renewal Act’’.
                                                                         5     SEC. 2. ESTABLISHMENT OF SKILLS TRAINING CREDIT.

                                                                         6              (a) IN GENERAL.—Subpart C of part IV of sub-




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                                                                         7 chapter A of chapter 1 of the Internal Revenue Code of




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                                                                         1 1986 is amended by inserting after section 36 the fol-
                                                                         2 lowing new section:
                                                                         3     ‘‘SEC. 36A. SKILLS TRAINING CREDIT.

                                                                         4              ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli-
                                                                         5 gible individual, there shall be allowed as a credit against
                                                                         6 the tax imposed by this subtitle for the taxable year an
                                                                         7 amount equal to the lesser of—
                                                                         8                        ‘‘(1) the amount of expenses paid or incurred
                                                                         9              by such individual during such taxable year for
                                                                       10               qualified training services which are provided by a
                                                                       11               qualified entity, or
                                                                       12                         ‘‘(2) an amount equal to—
                                                                       13                                  ‘‘(A) $4,000, minus
                                                                       14                                  ‘‘(B) an amount equal to the sum of any
                                                                       15                         credits allowed to the taxpayer under this sec-
                                                                       16                         tion for any preceding taxable year.
                                                                       17               ‘‘(b) DEFINITIONS.—For purposes of this section—
                                                                       18                         ‘‘(1) ELIGIBLE INDIVIDUAL.—
                                                                       19                                  ‘‘(A) IN GENERAL.—The term ‘eligible in-
                                                                       20                         dividual’ means an individual who—
                                                                       21                                          ‘‘(i) became unemployed or furloughed
                                                                       22                                  during calendar year 2020 but was other-
                                                                       23                                  wise able to work and available for work




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                                                                       24                                  within the meaning of applicable State law
                                                                       25                                  (as defined in section 205 of the Federal-


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                                                                         1                                 State Extended Unemployment Compensa-
                                                                         2                                 tion Act of 1970 (26 U.S.C. 3304 note)),
                                                                         3                                         ‘‘(ii) during the period in which any
                                                                         4                                 qualified training service is provided to
                                                                         5                                 such individual by a qualified entity—
                                                                         6                                                  ‘‘(I) is not employed and has ap-
                                                                         7                                         plied for or is receiving compensation
                                                                         8                                         (as defined in section 3306(h)), in-
                                                                         9                                         cluding pandemic emergency unem-
                                                                       10                                          ployment compensation under section
                                                                       11                                          2107 of subtitle A of title II of divi-
                                                                       12                                          sion A of the CARES Act, and
                                                                       13                                                   ‘‘(II) informs such entity of their
                                                                       14                                          intent to claim the credit allowed
                                                                       15                                          under subsection (a) with respect to
                                                                       16                                          such service.
                                                                       17                                  ‘‘(B) EXCLUSION.—For purposes of sub-
                                                                       18                         paragraph (A), the term ‘eligible individual’
                                                                       19                         shall not include an individual whose employer
                                                                       20                         has reduced their hours of work and who re-
                                                                       21                         ceives compensation pursuant to a short-time
                                                                       22                         compensation program (as defined in section
                                                                       23                         3306(v)).




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                                                                       24                         ‘‘(2) QUALIFIED ENTITY.—The term ‘qualified
                                                                       25               entity’ means an entity that is—


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                                                                         1                                 ‘‘(A) a provider included on a State list de-
                                                                         2                        scribed in section 122(d) of the Workforce In-
                                                                         3                        novation and Opportunity Act (29 U.S.C.
                                                                         4                        3152(d)); or
                                                                         5                                 ‘‘(B) a provider of qualified training serv-
                                                                         6                        ices that has been precertified by the Secretary
                                                                         7                        of Labor under section 3 of the Skills Renewal
                                                                         8                        Act.
                                                                         9                        ‘‘(3) QUALIFIED TRAINING SERVICE.—The term
                                                                       10               ‘qualified training service’ means a course or pro-
                                                                       11               gram of study that—
                                                                       12                                  ‘‘(A) is included on a list described in sec-
                                                                       13                         tion 122(d) of the Workforce Innovation and
                                                                       14                         Opportunity Act (29 U.S.C. 3152(d)) for a
                                                                       15                         State, or
                                                                       16                                  ‘‘(B) is a course or program of study relat-
                                                                       17                         ing to computer science, technology, or another
                                                                       18                         high-need area, such as a coding boot camp,
                                                                       19                         that has been precertified by the Secretary of
                                                                       20                         Labor under section 3 of the Skills Renewal
                                                                       21                         Act.
                                                                       22               ‘‘(c) COORDINATION WITH AMERICAN OPPORTUNITY
                                                                       23      AND        LIFETIME LEARNING CREDITS.—For purposes of




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                                                                       24 subsection (a)(1), the amount of expenses paid or incurred




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                                                                         1 by an eligible individual during such taxable year for quali-
                                                                         2 fied training services shall be reduced—
                                                                         3                        ‘‘(1) as provided in section 25A(g)(2), and
                                                                         4                        ‘‘(2) by the amount of such expenses which
                                                                         5              were taken into account in determining the credit al-
                                                                         6              lowed to the taxpayer or any other person under sec-
                                                                         7              tion 25A.
                                                                         8              ‘‘(d) REGULATIONS.—The Secretary shall prescribe
                                                                         9 such regulations as may be necessary to carry out the pro-
                                                                       10 visions of this section.
                                                                       11               ‘‘(e) TERMINATION.—This section shall not apply to
                                                                       12 expenses paid or incurred during taxable years beginning
                                                                       13 after December 31, 2021.’’.
                                                                       14               (b) INFORMATION REPORTING RELATING TO QUALI-
                                                                       15      FIED TRAINING SERVICES.—Subpart B of part III of sub-

                                                                       16 chapter A of chapter 61 of the Internal Revenue Code of
                                                                       17 1986 is amended by adding at the end the following new
                                                                       18 section:
                                                                       19      ‘‘SEC. 6050Z. RETURNS RELATING TO QUALIFIED TRAINING

                                                                       20                              SERVICES.

                                                                       21               ‘‘(a) REQUIREMENT OF REPORTING.—Any qualified
                                                                       22 entity which, in the course of a trade or business and for
                                                                       23 any calendar year, receives payments from any electing in-




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                                                                       24 dividual with respect to qualified training services pro-
                                                                       25 vided by such entity shall make the return described in


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                                                                         1 subsection (b) with respect to each such individual at such
                                                                         2 time as the Secretary may by regulations prescribe.
                                                                         3              ‘‘(b) RETURN.—A return is described in this sub-
                                                                         4 section if such return—
                                                                         5                        ‘‘(1) is in such form as the Secretary may pre-
                                                                         6              scribe, and
                                                                         7                        ‘‘(2) contains—
                                                                         8                                 ‘‘(A) the name, address, and TIN of each
                                                                         9                        electing individual from whom a payment de-
                                                                       10                         scribed in subsection (a) was received during
                                                                       11                         the calendar year,
                                                                       12                                  ‘‘(B) the aggregate amount of such pay-
                                                                       13                         ments received by such individual during such
                                                                       14                         calendar year and the date and amount of each
                                                                       15                         such payment, and
                                                                       16                                  ‘‘(C) such other information as the Sec-
                                                                       17                         retary may require.
                                                                       18               ‘‘(c) ELECTING INDIVIDUAL.—The term ‘electing in-
                                                                       19 dividual’ means an individual who has indicated to the
                                                                       20 qualified entity their intention to claim the credit allowed
                                                                       21 under section 36A with respect to the qualified training
                                                                       22 services provided by such entity.
                                                                       23               ‘‘(d) STATEMENT TO BE FURNISHED TO INDIVID-




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                                                                       24      UALS WITH RESPECT TO WHOM INFORMATION IS RE-

                                                                       25      QUIRED.—



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                                                                         1                        ‘‘(1) IN GENERAL.—Every qualified entity re-
                                                                         2              quired to make a return under subsection (a) shall
                                                                         3              furnish to each electing individual whose name is re-
                                                                         4              quired to be set forth in such return a written state-
                                                                         5              ment showing—
                                                                         6                                 ‘‘(A) the name, address, and phone num-
                                                                         7                        ber of the information contact of the qualified
                                                                         8                        entity required to make such a return, and
                                                                         9                                 ‘‘(B) the aggregate amount of payments
                                                                       10                         made by the individual to the qualified entity
                                                                       11                         required to be shown on the return.
                                                                       12                         ‘‘(2)       FURNISHING                  OF        INFORMATION.—The

                                                                       13               written statement required under paragraph (1)
                                                                       14               shall be furnished to the individual on or before Jan-
                                                                       15               uary 31 of the year following the calendar year for
                                                                       16               which the return under subsection (a) is required to
                                                                       17               be made.
                                                                       18               ‘‘(e) DEFINITIONS.—The terms ‘qualified entity’ and
                                                                       19 ‘qualified training services’ have the same meaning given
                                                                       20 such terms under section 36A(b).
                                                                       21               ‘‘(f) REGULATIONS AND GUIDANCE.—The Secretary
                                                                       22 may prescribe such regulations and other guidance as may
                                                                       23 be appropriate or necessary to carry out the purpose of




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                                                                       24 this section.’’.
                                                                       25               (c) CLERICAL AMENDMENTS.—


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                                                                         1                        (1) Section 6211(b)(4)(A) of the Internal Rev-
                                                                         2              enue Code of 1986 is amended by inserting ‘‘36A,’’
                                                                         3              after ‘‘36,’’.
                                                                         4                        (2) The table of sections for subpart C of part
                                                                         5              IV of subchapter A of chapter 1 of such Code is
                                                                         6              amended by inserting after the item relating to sec-
                                                                         7              tion 36 the following new item:
                                                                               ‘‘Sec. 36A. Skills Training Credit.’’.

                                                                         8                        (3) The table of sections for subchapter A of
                                                                         9              chapter 61 of such Code is amended by adding at
                                                                       10               the end the following new item:
                                                                               ‘‘Sec. 6050Z. Returns relating to qualified training services.’’.

                                                                       11               (d) EFFECTIVE DATE.—The amendments made by
                                                                       12 this section shall apply to expenses paid or incurred during
                                                                       13 taxable years beginning after December 31, 2019.
                                                                       14      SEC. 3. PRECERTIFICATION BY SECRETARY OF LABOR.

                                                                       15               (a) IN GENERAL.—The Secretary of Labor shall es-
                                                                       16 tablish a process through which the Secretary shall
                                                                       17 precertify providers of courses or programs of training
                                                                       18 services as qualified entities providing qualified training
                                                                       19 services (as such terms are defined in section 36A(b) of
                                                                       20 the Internal Revenue Code of 1986), to enable the pro-
                                                                       21 viders and courses or programs to qualify for the tax cred-
                                                                       22 it provided under such section 36A.




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                                                                       23               (b) ESTABLISHMENT                             OF      PRECERTIFICATION RE-
                                                                       24      QUIREMENTS.—

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                                                                         1                        (1) IN GENERAL.—By not later than 60 days
                                                                         2              after the date of enactment of this Act, the Sec-
                                                                         3              retary of Labor shall create and publish the
                                                                         4              precertification requirements—
                                                                         5                                 (A) for a provider to be a qualified entity
                                                                         6                        for purposes of section 36A(b)(2)(B) of the In-
                                                                         7                        ternal Revenue Code of 1986, and
                                                                         8                                 (B) for a course or program of study re-
                                                                         9                        lated to a high-need area, as determined by the
                                                                       10                         Secretary of Labor, to be a qualified training
                                                                       11                         service for purposes of section 36A(b)(3)(B) of
                                                                       12                         such Code.
                                                                       13                         (2) CONSIDERATIONS OF HIGH-NEED AREAS.—
                                                                       14               In determining the high-need areas for purposes of
                                                                       15               paragraph (1)(B), the Secretary of Labor shall—
                                                                       16                                  (A) include computer science and tech-
                                                                       17                         nology, and
                                                                       18                                  (B) consider—
                                                                       19                                          (i) the graduate areas of national
                                                                       20                                  need designated by the Secretary of Edu-
                                                                       21                                  cation under section 712(b) of the Higher
                                                                       22                                  Education              Act         of     1965          (20    U.S.C.
                                                                       23                                  1135a(b)), and




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                                                                       24                                          (ii) the STEM Designated Degree
                                                                       25                                  Program list issued by the Department of


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                                                                         1                                 Homeland Security for purposes of the 24-
                                                                         2                                 month optional practical training extension
                                                                         3                                 described in section 214.2(f)(10)(ii)(C) of
                                                                         4                                 title 8, Code of Federal Regulations.
                                                                         5                        (3) PRECERTIFICATION PERIOD.—If the Sec-
                                                                         6              retary of Labor precertifies a provider and a course
                                                                         7              or program of study under this section, such pro-
                                                                         8              vider and course or program of study shall be con-
                                                                         9              sidered to be a qualified entity for purposes of sec-
                                                                       10               tion 36A(b)(2)(B) of the Internal Revenue Code of
                                                                       11               1986 and a qualified training service for purposes of
                                                                       12               section 36(A)(b)(3)(B) of such Code, for the entire
                                                                       13               period—
                                                                       14                                  (A) beginning on the date of this Act, and
                                                                       15                                  (B) ending on December 31, 2021.
                                                                       16               (c) APPLICATION FOR PRECERTIFICATION.—
                                                                       17                         (1) IN GENERAL.—A provider of training serv-
                                                                       18               ices that desires to be precertified as a qualified pro-
                                                                       19               vider that offers a qualified training service shall
                                                                       20               submit an application to the Secretary of Labor at
                                                                       21               such time, in such manner, and containing such in-
                                                                       22               formation as the Secretary may require.
                                                                       23                         (2) CONTENTS.—The Secretary shall ensure




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                                                                       24               that the application required under this paragraph—




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                                                                         1                                 (A) is streamlined and easy to complete,
                                                                         2                        and
                                                                         3                                 (B) includes, at a minimum, information
                                                                         4                        and data regarding—
                                                                         5                                         (i) the credential earned through the
                                                                         6                                 course or program,
                                                                         7                                         (ii) the average student completion
                                                                         8                                 rate for the program for the 3-year period
                                                                         9                                 preceding the date of application,
                                                                       10                                          (iii) the costs of enrollment in the pro-
                                                                       11                                  gram,
                                                                       12                                          (iv) the average employment rate for
                                                                       13                                  individuals who complete the program dur-
                                                                       14                                  ing such period, and
                                                                       15                                          (v) the average earnings for individ-
                                                                       16                                  uals who complete the program during
                                                                       17                                  such period.
                                                                       18                         (3) NOTIFICATION.—In any case where an indi-
                                                                       19               vidual enrolling in a training service notifies a pro-
                                                                       20               vider of training services that the individual intends
                                                                       21               to claim the credit allowed under section 36A of the
                                                                       22               Internal Revenue Code of 1986 with respect to the
                                                                       23               training service, the provider shall—




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                                                                       24                                  (A) inform the individual if the provider
                                                                       25                         and the service qualify as a qualified training


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                                                                         1                        provider and qualified training service for pur-
                                                                         2                        poses of such section, and
                                                                         3                                 (B) if the provider has applied but has not
                                                                         4                        yet received precertification for the provider or
                                                                         5                        program from the Secretary of Labor under
                                                                         6                        this section, alert the individual that the pro-
                                                                         7                        vider        and         program               has        not           yet   been
                                                                         8                        precertified.
                                                                                                                                  Æ




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