[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1045

To amend the Internal Revenue Code of 1986 to allow employers a credit 
 against income tax for the costs of providing technical training for 
                               employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2009

 Mrs. Lincoln 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 employers a credit 
 against income tax for the costs of providing technical training for 
                               employees.

    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 ``Providing Our Workforce with 
Education and Re-training Act of 2009'' or ``POWER Act of 2009''.

SEC. 2. CREDIT TO EMPLOYERS FOR COST OF TECHNICAL TRAINING FOR 
              EMPLOYEES.

    (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. 45R. EXPENSES FOR TECHNICAL TRAINING OF EMPLOYEES.

    ``(a) General Rule.--For purposes of section 38, the employee 
technical training credit determined under this section for the taxable 
year is an amount equal to 25 percent of the amount paid or incurred by 
the taxpayer for technical training for employees performing services 
in a trade or business of the taxpayer.
    ``(b) Limitations.--
            ``(1) Per employee limit.--The credit determined under this 
        section with respect to each employee for the taxable year 
        shall not exceed $1,000, reduced by the credit determined under 
        this section with respect to such employee for all prior 
        taxable years.
            ``(2) Training must lead to recognized certificate.--Only 
        costs for training leading to an industry-recognized license or 
        certificate may be taken into account under this section.
    ``(c) Allocation in the Case of Partnerships, etc.--In the case of 
partnerships, the credit shall be allocated among partners under 
regulations prescribed by the Secretary. A similar rule shall apply in 
the case of an S corporation and its shareholders.
    ``(d) Certain Rules To Apply.--Rules similar to the rules of 
sections 51(i)(1) and 52 shall apply for purposes of this section.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 of the Internal Revenue Code of 1986 is amended by striking 
``plus'' at the end of paragraph (34), by striking the period at the 
end of paragraph (35) and inserting ``, plus'', and by adding at the 
end the following new paragraph:
            ``(36) the employee technical training credit determined 
        under section 45R(a).''.
    (c) Denial of Double Benefit.--Section 280C of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new 
subsection:
    ``(g) Employee Technical Training Credit.--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 45R(a).''.
    (d) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45R. Expenses for technical training of employees.''.
    (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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