United States 116th Congress Status: Died Bipartisan · 1 R · 1 D cosponsors

HR 4238 — LEAP Act

Last action — Referred to the House Committee on Ways and Means.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act This bill allows employers a business-related tax credit of $1,500 for hiring an apprenticeship employee who has not attained age 25 at the close of the taxable year or $1,000 for hiring an apprenticeship employee who has attained age 25. The credit is available for no more than two taxable years with respect to any apprenticeship employee. An apprenticeship employee is any employee who is employed by an employer in an officially recognized apprenticeable occupation and pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a state apprenticeship agency. As an offset to the cost of this bill, the Office of Management and Budget shall coordinate with federal department heads and independent agencies to impose limits on government printing costs.

Bill Text

Sections of law this bill changes

2 sections in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Normal taxes and surtaxes · 26 U.S.C. ch. 1 2 sections
  • § 38 General business credit Amends

    26 U.S.C. § 38

    The law today

    (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) the business credit carryforwards carried to such taxable year, (2) the amount of the current year business credit, plus (3) the business credit carrybacks carried to such taxable year. (b) Current year business credit For purposes of this subpart, the amount of the current year business credit is the sum of the following credits determined for the taxable year: (1) the investment credit determined under section 46, (2) the work opportunity credit determined under section 51(a), (3) the alcohol fuels credit determined under section 40(a), (4) the research credit determined under section 41(a), (5) the low-income housing credit determined under section 42(a), (6) the enhanced oil recovery credit under section 43(a), (7) in the case of an eligible small business (as defined in section 44(b)), the disabled access credit determined under section 44(a), (8) the renewable electricity production credit under section 45(a), (9) the empowerment zone employment credit determined under section 1396(a), (10) the Indian employment credit as determined under section 45A(a), (11) the employer social security credit determined under section 45B(a), (12) the orphan drug credit determined under section 45C(a), (13) the new markets tax credit determined under section 45D(a), (14) in the case of an eligible employer (as defined in section 45E(c)), the small employer pension plan startup cost credit determined under section 45E(a), (15) the employer-provided child care credit determined under section 45F(a), (16) the railroad track maintenance credit determined under section 45G(a), (17) the biodiesel fuels credit determined under section 40A(a), (18) the low sulfur diesel fuel production credit determined under section 45H(a), (19) the marginal oil and gas well production credit determined under section 45I(a), (20) the distilled spirits credit determined under section 5011(a), (21) the advanced nuclear power facility production credit determined under section 45J(a), (22) the nonconventional source production credit determined under section 45K(a), (23) the new energy efficient home credit determined under section 45L(a), (24) the portion of the alternative motor vehicle credit to which section 30B(g)(1) applies, (25) the portion of the alternative fuel vehicle refueling property credit to which section 30C(d)(1) applies, (26) the mine rescue team training credit determined under section 45N(a), (27) in the case of an eligible agricultural business (as defined in section 45O(e)), the agricultural chemicals security credit determined under section 45O(a), (28) the differential wage payment credit determined under section 45P(a), (29) the carbon dioxide sequestration credit determined under section 45Q(a), (30) the portion of the new clean vehicle credit to which section 30D(c)(1) applies, (31) the small employer health insurance credit determined under section 45R, (32) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a), (33) in the case of an eligible employer (as defined in section 45T(c)), the retirement auto-enrollment credit determined under section 45T(a), plus (34) the zero-emission nuclear power production credit determined under section 45U(a). (35) the sustainable aviation fuel credit determined under section 40B, (36) the clean hydrogen production credit determined under section 45V(a), (37) the qualified commercial clean vehicle credit determined under section 45W, (38) the advanced manufacturing production credit determined under section 45X(a), (39) the clean electricity production credit determined under section 45Y(a), (40) the clean fuel production credit determined under section 45Z(a), plus (41) in the case of an eligible small employer (as defined in section 45AA(c)), the military sp...

    464 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 280C Certain expenses for which credits are allowable Amends

    26 U.S.C. § 280C

    The law today

    (a) Rule for employment credits No deduction shall be allowed for that portion of the wages or salaries paid or incurred for the taxable year which is equal to the sum of the credits determined for the taxable year under sections 45A(a), 45P(a), 45S(a)(1)(A), 51(a), and 1396(a). No deduction shall be allowed for that portion of the premiums paid or incurred for the taxable year which is equal to that portion of the paid family and medical leave credit which is determined for the taxable year under section 45S(a)(1)(B). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52. (b) Credit for qualified clinical testing expenses for certain drugs (1) In general No deduction shall be allowed for that portion of the qualified clinical testing expenses (as defined in section 45C(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45C (determined without regard to section 38(c)). (2) Similar rule where taxpayer capitalizes rather than deducts expenses If— (A) the amount of the credit allowable for the taxable year under section 45C (determined without regard to section 38(c)), exceeds (B) the amount allowable as a deduction for the taxable year for qualified clinical testing expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. (3) Election of reduced credit (A) In general In the case of any taxable year for which an election is made under this paragraph— (i) paragraphs (1) and (2) shall not apply, and (ii) the amount of the credit under section 45C(a) shall be the amount determined under subparagraph (B). (B) Amount of reduced credit The amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of— (i) the amount of credit determined under section 45C(a) without regard to this paragraph, over (ii) the product of— (I) the amount described in clause (i), and (II) the maximum rate of tax under section 11(b). (C) Election An election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary shall prescribe. Such an election, once made, shall be irrevocable. (4) Controlled groups In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1). (c) Credit for increasing research activities (1) In general The domestic research or experimental expenditures (as defined in section 174A(b)) otherwise taken into account as a deduction or charged to capital account under this chapter shall be reduced by the amount of the credit allowed under section 41(a). (2) Election of reduced credit (A) In general In the case of any taxable year for which an election is made under this paragraph— (i) paragraph (1) shall not apply, and (ii) the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B). (B) Amount of reduced credit The amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of— (i) the amount of credit ...

    110 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill creates a new tax credit for employers who hire apprentices as part of qualified apprenticeship programs.

  • Section 38 of the Internal Revenue Code of 1986

    plus → , plus

    This change allows the newly created apprenticeship credit to be included in the general business credit for employers.

  • Section 38 of the Internal Revenue Code of 1986

    the period at the end of paragraph (32) → , plus

    This change facilitates the inclusion of the apprenticeship credit in the list of credits under section 38.

  • Section 280C of the Internal Revenue Code of 1986

    45T(a),

    This change ensures that the apprenticeship credit cannot be claimed in addition to other specified credits.

  • Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986

    SEC. 45T. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS.

    This new section establishes the framework for a tax credit for employers hiring apprentices.

  • Section 45T of the Internal Revenue Code of 1986

    Applicable Credit Amount.--For purposes of subsection (a), the applicable credit amount for each apprentice for each taxable year is equal to--

    This defines the applicable credit amount, allowing employers to receive a specific dollar amount based on the age of the apprentice.

  • Section 45T of the Internal Revenue Code of 1986

    Applicable Apprenticeship Level.--For purposes of this section, the applicable apprenticeship level shall be equal to--

    This establishes guidelines for determining the number of apprentices an employer has, which influences the credit calculation.

  • Section 45T of the Internal Revenue Code of 1986

    Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee.

    This ensures the new apprenticeship credit coordinates properly with existing tax credits.

  • Section 45T of the Internal Revenue Code of 1986

    Denial of Double Benefit.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.

    This provides a mechanism to prevent employers from claiming multiple benefits for the same apprenticeship.

  • Section 45T of the Internal Revenue Code of 1986

    Limitation on Number of Years Which Credit May Be Taken Into Account.--The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprentice.

    This limits the duration over which employers can claim the apprenticeship credit for any single apprentice.

  • Table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986

    Sec. 45T. Employees participating in qualified apprenticeship programs.

    This adds a new entry to the table of sections, providing a reference for the newly created section concerning apprenticeship credits.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Ways and Means.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

taxation
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Frequently asked questions

What does HR 4238 do?
Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act This bill allows employers a business-related tax credit of $1,500 for hiring an apprenticeship employee who has not attained age 25 at the close of the taxable year or $1,000 for hiring an apprenticeship employee who has attained age 25. The credit is available for no more than two taxable years with respect to any apprenticeship employee. An apprenticeship employee is any employee who is employed by an employer in an officially recognized apprenticeable occupation and pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a state apprenticeship agency. As an offset to the cost of this bill, the Office of Management and Budget shall coordinate with federal department heads and independent agencies to impose limits on government printing costs.
Who sponsors HR 4238?
HR 4238 is sponsored by Reed, Tom (Republican) and Sánchez, Linda T. (Democratic).
What is the current status of HR 4238?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4238?
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