[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3871 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 3871

    To amend the Internal Revenue Code of 1986 to allow a credit to 
   employers who hire individuals through an apprenticeship program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2025

  Mr. Ellzey 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 allow a credit to 
   employers who hire individuals through an apprenticeship program.

    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 Infrastructure Tax 
Credit Act of 2025''.

SEC. 2. APPRENTICESHIP INFRASTRUCTURE TAX CREDIT FOR EMPLOYERS.

    (a) In General.--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:

``SEC. 45BB. APPRENTICESHIP INFRASTRUCTURE TAX CREDIT FOR EMPLOYERS.

    ``(a) In General.--For purposes of section 38, the apprenticeship 
infrastructure tax credit determined under this section for the taxable 
year is an amount equal to the sum of the applicable credit amounts 
determined during the apprenticeship credit period with respect to each 
apprenticeship employee of the employer.
    ``(b) Applicable Credit Amount.--For purposes of this section, the 
applicable credit amount with respect to an apprenticeship employee 
shall be an amount equal to--
            ``(1) in the case of an apprenticeship employee not 
        described in paragraph (2), $3,000, and
            ``(2) in the case of a recently separated veteran, a member 
        of the National Guard or reserve component of the Armed Forces, 
        or a military spouse, $6,000.
The applicable credit amount with respect to an apprenticeship employee 
for taxable years beginning after the end of the apprenticeship credit 
period (determined without regard to subsection (c)(2)) shall be zero.
    ``(c) Apprenticeship Credit Period.--For purposes of this section--
            ``(1) In general.--The apprenticeship credit period with 
        respect to an apprenticeship employee shall be--
                    ``(A) the taxable year during which such employee 
                first enrolls in the employer's qualified registered 
                apprenticeship program, and
                    ``(B) the succeeding taxable year if the qualified 
                registered apprenticeship program in which such 
                employee is enrolled is--
                            ``(i) is a time-based or hybrid program 
                        that requires 3,000 or more on-the-job learning 
                        hours, or
                            ``(ii) is a competency-based program with 
                        3,000 or more on-the-job learning hours.
            ``(2) Carryforward year.--The apprenticeship credit period 
        with respect to an apprenticeship employee shall include the 
        taxable year succeeding the taxable year described in 
        subparagraph (A) or (B), as the case may be, in the case a 
        credit carryforward to such succeeding taxable year with 
        respect to an apprentice employee under subsection (d)(7).
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Apprenticeship employee.--
                    ``(A) In general.--The term `apprenticeship 
                employee' means an individual who--
                            ``(i) is a new hire employed by an 
                        apprenticeship employer, and
                            ``(ii) enrolled under a written agreement 
                        in a qualified registered apprenticeship 
                        program with respect to an infrastructure-
                        related occupation.
                    ``(B) Infrastructure-related occupation.--
                            ``(i) In general.--The term 
                        `infrastructure-related occupation' means an 
                        occupation identified by the Secretary of Labor 
                        as eligible for the credit determined under 
                        this section.
                            ``(ii) Initial list applicable to 2026.--
                        For taxable years beginning in 2026, such term 
                        shall include occupations within the following 
                        major groups as defined in the Occupational 
                        Information Network (ONET):
                                    ``(I) 47-0000 Construction and 
                                Extraction Occupations.
                                    ``(II) 49-0000 Installation, 
                                Maintenance, and Repair Occupations.
                                    ``(III) 51-0000 Production 
                                Occupations.
                                    ``(IV) 15-1200 Computer, 
                                Information Technology, and Security 
                                Occupations.
                            ``(iii) Subsequent years.--Occupations 
                        shall be identified under this subparagraph by 
                        utilizing standardized and occupation specific 
                        descriptors listed in the Occupational Network 
                        (ONET), and such occupations shall be updated 
                        annually consistent with customary tax document 
                        deadlines.
                    ``(C) Exceptions.--The term `apprenticeship 
                employee' shall not include any apprentice--
                            ``(i) hired more than 90 days prior to 
                        enrollment into the qualified registered 
                        apprenticeship program, or
                            ``(ii) reported via a 1099 contractor 
                        rather than Form W-2, based on Internal Revenue 
                        Service standards.
            ``(2) Apprenticeship employer.--
                    ``(A) In general.--The term `apprenticeship 
                employer' means an employer that has entered into an 
                agreement with a qualified registered apprenticeship 
                program for the placement of apprenticeship employees.
                    ``(B) Exceptions.--Such term shall not include an 
                employer--
                            ``(i) which is exempt from income tax under 
                        this chapter, or
                            ``(ii) which is the sponsor of the 
                        registered apprenticeship program, or is 
                        related to the sponsor for which the 
                        apprenticeship employee is enrolled.
            ``(3) Qualified registered apprenticeship program.--The 
        term `qualified registered apprenticeship program' means an 
        apprenticeship registered under the Act of August 16, 1937 
        (commonly known as the `National Apprenticeship Act'; 50 Stat. 
        664, chapter 663; 29 U.S.C. 50 et seq.) that meets the 
        standards of subpart A of part 29 and part 30 of title 29, Code 
        of Federal Regulations.
            ``(4) Recently separated veteran.--The term `recently 
        separated veteran' means any veteran who is enrolled into the 
        qualified registered apprenticeship program to which the credit 
        relates not more than 4 years after having been discharged or 
        released from active duty in the Armed Forces of the United 
        States.
            ``(5) Member of national guard or reserve component of 
        armed forces.--The term member of the National Guard or reserve 
        component of the Armed Forces means any member of a reserve 
        component of the Armed Forces (as defined in section 10101 of 
        title 10, United States Code).
            ``(6) Military spouse.--The term `military spouse' means an 
        individual who is legally married to--
                    ``(A) a member of the Armed Forces on active duty,
                    ``(B) a member of the National Guard or reserve 
                component, or
                    ``(C) a veteran who was discharged or released from 
                active duty in the Armed Forces of the United States 
                not before the 4-year period ending on the date the 
                individual enrolls in the qualified registered 
                apprenticeship program to which the credit relates.
            ``(7) New hire.--The term `new hire' means an individual 
        who first begins work as an employee for the employer not more 
        than 90 days before such individual's enrollment in qualified 
        registered apprenticeship program to which the credit 
        determined under this section with respect to the employee 
        relates.
            ``(8) Reduced credit where apprentice employed for fewer 
        than 180 days.--
                    ``(A) In general.--In the case of a taxable year 
                during which the apprenticeship employee is employed 
                under a qualified apprenticeship program of the 
                employer for at least 90 days, but fewer than 180 days, 
                the applicable credit amount with respect to such 
                employee for such taxable year shall be reduced to the 
                amount which bears the same ratio to the applicable 
                credit amount with respect to such employee (determined 
                without regard to this subparagraph) as--
                            ``(i) the number of calendar days during 
                        the taxable year that the apprenticeship 
                        employee is so employed, bears to
                            ``(ii) 180.
                    ``(B) Fewer than 90 days.--In the case of a taxable 
                year during which the apprenticeship employee is 
                employed under a qualified apprenticeship program of 
                the employer for fewer than 90 days, the applicable 
                credit amount with respect to such employee for such 
                taxable year shall be zero.
                    ``(C) Carryforward.--The amount by which the credit 
                amount is reduced under subparagraph (A) or (B) with 
                respect to an apprenticeship employee for any taxable 
                year may be carried forward to increase the applicable 
                credit amount otherwise determined with respect to the 
                employee under this section for the succeeding taxable 
                year (determined without regard to this subparagraph 
                and subsection (c)(2)). Any amount carried forward 
                under the preceding sentence shall be subject to any 
                reduction applicable with respect to the employee under 
                subparagraphs (A) and (B).
            ``(9) Coordination with other credits.--The amount of 
        credit otherwise allowable under this chapter with respect to 
        compensation paid to any apprenticeship employee shall be 
        reduced by the credit determined under this section with 
        respect to such employee.
            ``(10) No credit allowed in case laid-off apprentice.--No 
        credit shall be allowed under this section with respect to an 
        apprenticeship employee if during the taxable year such 
        employee is involuntary terminated by reason of a reduction in 
        workforce or job elimination, business closure, downsizing, or 
        restructuring, or any other non disciplinary termination 
        initiated by the employer.
            ``(11) No credit allowed in case of remuneration from 
        apprenticeship employee.--
                    ``(A) In general.--No credit shall be allowed under 
                this section with respect to an apprenticeship employee 
                if such apprenticeship employee provides any 
                remuneration (including tuition, application fees, or 
                other payments) to either the apprenticeship employer 
                or the sponsor of the qualified registered 
                apprenticeship program in connection with the 
                apprenticeship employee's participation in such 
                program.
                    ``(B) Exception for public or non-profit funding.--
                Subparagraph (A) shall not apply to remuneration 
                provided by the apprenticeship employee if such 
                remuneration is sourced from public funding or private 
                non-profit or foundational organizations intended to 
                serve or support apprenticeship employees, including 
                funding from the Workforce Innovation and Opportunity 
                Act, Pell Grants, the Supplemental Nutrition Assistance 
                Program, Temporary Assistance for Needy Families, or 
                other similar public or private non-profit or 
                foundational organizations.
    ``(e) Apprenticeship Tax Credit Eligibility Certificate.--
            ``(1) In general.--No credit shall be allowed to an 
        employer under this section with respect to an apprenticeship 
        employee under an apprenticeship program, unless the employer 
        has received an apprenticeship tax credit eligibility 
        certificate with respect to such apprenticeship employee.
            ``(2) Issuance.--The Secretary of Labor shall use data from 
        the Registered Apprenticeship Partners Information Database 
        System (hereinafter in this subsection referred to as `RAPIDS') 
        to issue an apprenticeship tax credit eligibility certificates 
        to apprenticeship employers not later than 31 days after the 
        end of each calendar quarter. Such certificate shall include 
        the following:
                    ``(A) Information identifying to the sponsor of the 
                qualified registered apprenticeship program, 
                including--
                            ``(i) the name of the sponsor,
                            ``(ii) the registration agency responsible 
                        for monitoring the sponsor,
                            ``(iii) the registration number of the 
                        registered apprenticeship program,
                            ``(iv) the O-Net Code for occupation of 
                        training, and
                            ``(v) the RAPIDS Code for the 
                        apprenticeable occupation approved by the 
                        Department of Labor Office of Apprenticeship.
                    ``(B) Information identifying the apprenticeship 
                employer, including--
                            ``(i) the full legal name of the 
                        apprenticeship employer,
                            ``(ii) the mailing address of the 
                        apprenticeship employer,
                            ``(iii) the employer registration number 
                        assigned in RAPIDS, and
                            ``(iv) the apprenticeship employer's 
                        Federal Employer Identification Number.
                    ``(C) Information identifying the apprenticeship 
                employee, including--
                            ``(i) the full legal name of such employee,
                            ``(ii) the social security number or 
                        taxpayer identification number of such 
                        employee,
                            ``(iii) the dates of apprenticeship, 
                        including the enrollment date, expected 
                        completion date, the actual completion date (if 
                        applicable), the date hired by the 
                        apprenticeship employer, the termination date 
                        (if any), and the reason for exit if such 
                        employee is not employed on the last day of the 
                        period to which such certificate relates, and
                            ``(iv) confirmation that the apprenticeship 
                        employee is a new hire with respect to the 
                        employer and is reported via Form W-2.
            ``(3) Updating apprentice status rules.--
                    ``(A) Reporting requirements.--The Secretary of 
                Labor shall update the reporting requirements set forth 
                in part 29 of title 29, Code of Federal Regulations, 
                which otherwise require a sponsor to update the status 
                of an apprentice within 45 days of any change in such 
                status, to further require that the sponsor ensure all 
                employment status updates are completed within 30 days 
                after the close of a calendar quarter in order to 
                facilitate the issuance of the apprenticeship tax 
                credit eligibility certificate not later than 31 days 
                after the end of the calendar quarter. The Secretary of 
                Labor may prescribe regulations to ensure compliance 
                with this reporting requirement.
                    ``(B) Apprenticeship agreements.--The Secretary of 
                Labor shall update apprenticeship agreement forms to 
                include the following:
                            ``(i) The date the apprenticeship employee 
                        was hired by the apprenticeship employer.
                            ``(ii) The apprenticeship employer 
                        confirmation that the apprenticeship employee 
                        is reported via Form W-2.
                            ``(iii) The assigned registration number of 
                        the apprenticeship employer verifying the 
                        apprenticeship employer has a formal agreement 
                        with the sponsor of the qualified registered 
                        apprenticeship program.
    ``(f) Termination of Credit Based on Volume Cap.--
            ``(1) In general.--This section shall not apply for any 
        taxable year beginning after the date on which the Secretary 
        (in consultation with the Secretary of Labor) certifies that 
        the amount of credit determined under this section has reached 
        an amount equal to $5,000,000,000.
            ``(2) Tracking and reporting.--
                    ``(A) Secretary of treasury.--
                            ``(i) In general.--The Secretary shall for 
                        purposes of paragraph (1) monitor and regularly 
                        calculate the amount of credit determined under 
                        this section and publicly certify when the 
                        limitation under paragraph (1) has been 
                        reached.
                            ``(ii) Annual reporting.--The Secretary 
                        shall not later than March 31, 2027, and 
                        annually thereafter, publish an report that 
                        details the total amount of credits determined 
                        under this section for taxable years ending