S.Amdt. 4478

1. Adds PART V--OTHER PROVISIONS at the end of subtitle A of title II

   Adds a section

   In S.Amdt. 4402 as proposed

   (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

   Inserted: PART V--OTHER PROVISIONS

   Inserted: SEC. ___. CREDIT FOR EMPLOYER-PROVIDED CLEAN ENERGY JOB TRAINING PROGRAMS.

   Inserted: (a) Purposes.--The purposes of this section are--

   Inserted: (1) to meet the growing need for a workforce that is trained and prepared to fill jobs in clean energy industries;

   Inserted: (2) to assist employers to transition their workforce towards the clean energy economy; and

   Inserted: (3) to provide incentives for employers to play a role in the training, preparation, and development of their workforce for the clean energy economy.

   Inserted: (b) Credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

   Inserted: "SEC. 45S. EMPLOYER-PROVIDED CLEAN ENERGY JOB TRAINING PROGRAMS.

   Inserted: "(a) In General.--For the purposes of section 38, in the case of an eligible employer, the employer-provided clean energy job training credit determined under this section for the taxable year is an amount equal to 25 percent of qualified education program expenses paid by the eligible employer for such taxable year.

   Inserted: "(b) Limitation.--The credit allowed under subsection (a) for any taxable year shall not exceed $500 with respect to any full-time employee of the eligible employer that participates in a qualified education program during such taxable year.

   Inserted: "(c) Definitions.--For purposes of this section--

   Inserted: "(1) Qualified education program expenses.--The term 'qualified education program expenses' means expenses paid or incurred by an eligible employer for participation of full-time employees in a qualified education program.

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   Inserted: "(2) Qualified education program.--The term 'qualified education program' means adult education (within the meaning of section 203 of the Adult Education and Family Literacy Act) and job training that is--

   Inserted: "(A) provided--

   Inserted: "(i) by a provider that is identified as an eligible provider in accordance with section 122 of the Workforce Investment Act of 1998, or

   Inserted: "(ii) in a curriculum approved by the Assistant Secretary of Labor for Employment Training,

   Inserted: "(B) certified by the Assistant Secretary of Labor for Employment Training for purposes of this section, and

   Inserted: "(C) provided to full-time employees of the eligible employer who will be employed in clean energy jobs (as defined in subsection (d)) and will require such education and training in order to fulfill their employment responsibilities in such jobs.

   Inserted: "(3) Eligible employer.--

   Inserted: "(A) In general.--The term 'eligible employer' means, with respect to any taxable year, any employer which employed an average of at least 1 but not more than 500 full-time employees on business days during the preceding taxable year.

   Inserted: "(B) Employers not in existence during preceding year.--If an employer was not in existence throughout the preceding year, the determination under subparagraph (A) shall be based on the average number of full-time employees that it is reasonably expected such employer will employ on business days in the current year.

   Inserted: "(C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer.

   Inserted: "(D) Aggregation rule.--All persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as one person.

   Inserted: "(4) Full-time employment.--An employee shall be considered full-time if such employee is employed at least 30 hours per week for 25 or more calendar weeks in the taxable year.

   Inserted: "(d) Clean Energy Job.--

   Inserted: "(1) In general.--The term 'clean energy job' means a job directly connected with producing electric energy generated by a renewable energy resource.

   Inserted: "(2) Renewable energy resource.--The term 'renewable energy resource' means solar, wind, ocean, tidal, geothermal energy, landfill gas, incremental hydropower, or hydrokinetic energy.

   Inserted: "(3) Incremental hydropower.--The term 'incremental hydropower' means additional generation that is achieved from increased efficiency or additions of capacity made on or after--

   Inserted: "(A) the date of enactment of this section; or

   Inserted: "(B) the effective date of an existing applicable State renewable portfolio standard program at a hydroelectric facility that was placed in service before that date.

   Inserted: "(e) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter for any amount taken into account in determining the credit under this section.

   Inserted: "(f) Election To Have Credit Not Apply.--A taxpayer may elect (at such time and in such manner as the Secretary may by regulations prescribe) to have this section not apply for any taxable year.

   Inserted: "(g) Termination.--This section shall not apply to any expenses incurred after December 31, 2014.".

   Inserted: (c) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended--

   Inserted: (1) by striking "plus" at the end of paragraph (35);

   Inserted: (2) by striking the period at the end of paragraph (36) and inserting ", plus"; and

   Inserted: (3) by adding at the end the following new paragraph:

   Inserted: "(37) the employer-provided clean energy job training credit determined under section 45S(a).".

   Inserted: (d) Conforming Amendment.--Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting " '45S(f),' " after " '45H(g),' ".

   Inserted: (e) 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:

   Inserted: "Sec. 45S. Employer-provided clean energy job training programs.".

   Inserted: (f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall promulgate regulations implementing the provisions of this section.

   Inserted: (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

   Original wording

   At the end of subtitle A of title II, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed