[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 762 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 762

 To amend the Internal Revenue Code of 1986 to allow a credit against 
income tax for information technology training expenses, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 2001

     Mr. Conrad (for himself, Ms. Snowe, Mr. Reid, Mr. DeWine, Mr. 
Rockefeller, and Mr. Johnson) 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 a credit against 
income tax for information technology training expenses, and for other 
                               purposes.

    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 ``Technology Education and Training 
Act of 2001''.

SEC. 2. CREDIT FOR INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES.

    (a) In General.--Subpart B 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:

``SEC. 30B. INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES.

    ``(a) General Rule.--In the case of a taxpayer engaged in a trade 
or business during the taxable year, there shall be allowed as a credit 
against the tax imposed by this chapter for such taxable year an amount 
equal to 100 percent of information technology training program 
expenses of the taxpayer and any employee of the taxpayer paid or 
incurred by the taxpayer during such taxable year.
    ``(b) Limitation.--
            ``(1) In general.--The amount of information technology 
        training program expenses with respect to any individual which 
        may be taken into account under subsection (a) for the taxable 
        year shall not exceed $1,500.
            ``(2) Increase in credit amount for participation in 
        certain programs and for certain individuals.--The dollar 
        amount in paragraph (1) shall be increased (but not above 
        $2,000) by the amount of information technology training 
        program expenses paid or incurred by the taxpayer--
                    ``(A) with respect to a program operated--
                            ``(i) in an empowerment zone or enterprise 
                        community designated under part I of subchapter 
                        U or a renewal community designated under part 
                        I of subchapter X,
                            ``(ii) in a school district in which at 
                        least 50 percent of the students attending 
                        schools in such district are eligible for free 
                        or reduced-cost lunches under the school lunch 
                        program established under the National School 
                        Lunch Act,
                            ``(iii) in an area designated as a disaster 
                        area by the Secretary of Agriculture or by the 
                        President under the Disaster Relief and 
                        Emergency Assistance Act in the taxable year or 
                        the 4 preceding taxable years,
                            ``(iv) in a rural enterprise community 
                        designated under section 766 of the 
                        Agriculture, Rural Development, Food and Drug 
                        Administration, and Related Agencies 
                        Appropriations Act, 1999,
                            ``(v) in an area designated by the 
                        Secretary of Agriculture as a Rural Economic 
                        Area Partnership Zone,
                            ``(vi) in an area over which an Indian 
                        tribal government (as defined in section 
                        7701(a)(40)) has jurisdiction, or
                            ``(vii) by an employer who has 200 or fewer 
                        employees for each business day in each of 20 
                        or more calendar weeks in the current or 
                        preceding calendar year, or
                    ``(B) in the case of an individual with a 
                disability.
    ``(c) Information Technology Training Program Expenses.--For 
purposes of this section--
            ``(1) In general.--The term `information technology 
        training program expenses' means expenses paid or incurred by 
        reason of the participation of the taxpayer (or any employee of 
        the taxpayer) in any information technology training program if 
        such expenses lead to an industry-accepted information 
        technology certification for the participant. Such term shall 
        only include includes expenses paid for in connection with 
        course work and certification testing which is essential to 
        assessing skill acquisition.
            ``(2) Information technology training program.--The term 
        `information technology training program' means a program for 
        an industry-accepted information technology certification--
                    ``(A) by any information technology trade 
                association or corporation, and
                    ``(B) which--
                            ``(i) is provided for the employees of such 
                        association or corporation, or
                            ``(ii) involves--
                                    ``(I) employers, and
                                    ``(II) State training programs, 
                                school districts, university systems, 
                                higher education institutions (as 
                                defined in section 101(b) of the Higher 
                                Education Act of 1965), or certified 
                                commercial information technology 
                                training providers.
            ``(3) Certified commercial information technology training 
        provider.--
                    ``(A) In general.--The term `certified commercial 
                information technology training provider' means a 
                private sector organization providing an information 
                technology training program which leads to an approved 
                information technology industry certification for the 
                participants.
                    ``(B) Approved industry certification.--For 
                purposes of paragraph (1), an information technology 
                industry certification shall be considered approved if 
                such certification is approved by the Secretary, in 
                consultation with the Information Technology Training 
                Certification Advisory Board.
    ``(d) Denial of Double Benefit.--No deduction or credit under any 
other provision of this chapter shall be allowed with respect to 
information technology training program expenses taken into account for 
the credit under this section.
    ``(e) Certain Rules Made Applicable.--For purposes of this section, 
rules similar to the rules of section 45A(e)(2) and subsections (c), 
(d), and (e) of section 52 shall apply.
    ``(f) Application With Other Credits.--The credit allowed by 
subsection (a) for any taxable year shall not exceed the excess (if 
any) of--
            ``(1) the regular tax for the taxable year reduced by the 
        sum of the credits allowable under the subpart A and the 
        previous sections of this subpart, over
            ``(2) the tentative minimum tax for the taxable year.''.
    (b) Clerical Amendment.--The table of sections for subpart B 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:

                              ``Sec. 30B. Information technology 
                                        training program expenses.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2001.

SEC. 3. INFORMATION TECHNOLOGY TRAINING CERTIFICATION ADVISORY BOARD.

    (a) Establishment.--There is established an Information Technology 
Training Certification Advisory Board (in this section referred to as 
the ``Board'').
    (b) Membership.--The Board shall be composed of not more than 15 
members appointed by the Secretary of the Treasury from among 
individuals--
            (1) associated with information technology certification 
        and training associations and businesses; and
            (2) who are not officers or employees of the Federal 
        Government.
    (c) Meetings.--The Board shall meet not less often than annually.
    (d) Chairperson.--
            (1) In general.--Subject to paragraph (2), the Board shall 
        elect a Chairperson from among its members.
            (2) Chairperson.--The chairperson shall be an individual 
        who is a member of an information technology industry trade 
        association.
    (e) Duties.--The Board shall develop a list of information 
technology industry certifications, for approval by the Secretary of 
the Treasury, that qualify the provider of the certification as a 
certified commercial information technology training provider under 
section 30B(c)(3) of the Internal Revenue Code of 1986, as added by 
section (2)(a).
    (f) Submission of List.--Not later than October 1, 2001, and each 
year thereafter, the Board shall submit the list required under 
subsection (e) to the Secretary of the Treasury.
    (g) Board Personnel Matters.--
            (1) Compensation of members.--Each member of the Board 
        shall serve without compensation.
            (2) Travel expenses.--Each member of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
    (h) Termination of the Board.--Section 14(b) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.

SEC. 4. HOPE SCHOLARSHIP AND LIFETIME LEARNING CREDITS INCLUDE 
              TECHNOLOGY TRAINING CENTERS.

    (a) In General.--Section 25A(f)(2) of the Internal Revenue Code of 
1986 (relating to eligible educational institution) is amended to read 
as follows:
            ``(2) Eligible educational institution.--The term `eligible 
        educational institution' means--
                    ``(A) an institution--
                            ``(i) which is described in section 101(b) 
                        of the Higher Education Act of 1965, and
                            ``(ii) which is eligible to participate in 
                        a program under title IV of such Act, or
                    ``(B) a certified commercial information technology 
                training provider (as defined in section 30B(c)(3)).''.
    (b) Conforming Amendment.--The second sentence of section 221(e)(2) 
of the Internal Revenue Code of 1986 is amended by striking ``section 
25A(f)(2)'' and inserting ``section 25A(f)(2)(A)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2001.
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