‘‘(B) an apprenticeship program registered 
and certified with the Secretary of Labor under 
section 1 of the National Apprenticeship Act 
(29 U.S.C. 50). 
‘‘(c) ELIGIBLE EMPLOYEE.—For purposes of this 
section, the term ‘eligible employee’ means any employee 
of the employer who, while participating in the qualified 
training program, is— 
‘‘(1) employed on average at least 40 hours of 
service per week, or 
‘‘(2) in the case of a qualified training program 
with a qualified partnership (as defined in section 
45U(c)(5)), meets such hourly work requirements as 
may be specified by the Secretary of Education in 
connection with such partnership. 
‘‘(d) RECAPTURE OF CREDIT FOR EMPLOYEE NOT 
PERFORMING MINIMUM SERVICE.— 
‘‘(1) IN
GENERAL.—In the case of any em-
ployee with respect to whom a credit is allowed 
under this section and whose employment is termi-
nated by the employer (other than by reason of such 
employee’s gross misconduct) before the end of the 
2-year period beginning on the first day of the em-
ployee’s study or training with respect to which a 
credit is allowed under this section, the tax of the 
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taxpayer under this chapter for the taxable year dur-
ing which such termination occurs shall be increased 
by an amount equal to— 
‘‘(A) the aggregate decrease in the credits 
allowed under section 38 for all prior taxable 
years which would have resulted if the job 
training program expenses with respect to such 
employee had been zero, multiplied by 
‘‘(B) the inclusion ratio. 
‘‘(2) INCLUSION RATIO.—For purposes of this 
subsection, the inclusion ratio is the ratio which— 
‘‘(A) an amount equal to the difference 
of— 
‘‘(i) the number of days in the 2-year 
period, over 
‘‘(ii) the number of days such em-
ployee was employed by the employer dur-
ing such 2-year period, bears to 
‘‘(B) the number of days in the 2-year pe-
riod. 
‘‘(e) CONTROLLED GROUPS.—For purposes of this 
section, all persons treated as a single employer under sub-
section (b), (c), (m), or (o) of section 414 shall be treated 
as a single employer.’’. 
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(b) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of such Code, as 
amended by the preceding provisions of this Act, is amend-
ed by striking ‘‘plus’’ at the end of paragraph (33), by 
striking the period at the end of paragraph (34) and in-
serting ‘‘, plus’’, and by adding at the end the following 
new paragraph: 
‘‘(35) the worker training tax credit determined 
under section 45V(a).’’. 
(c) 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 fol-
lowing new item: 
‘‘Sec. 45V. Credit for employers who engage in qualified worker training.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
Æ 
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