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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4438 Received in Senate (RDS)]

113th CONGRESS
  2d Session
                                H. R. 4438

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2014

                                Received

_______________________________________________________________________

                                 AN ACT

 
    To amend the Internal Revenue Code of 1986 to simplify and make 
                     permanent the research credit.

    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 ``American Research and 
Competitiveness Act of 2014''.

SEC. 2. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT.

    (a) In General.--Subsection (a) of section 41 of the Internal 
Revenue Code of 1986 is amended to read as follows:
    ``(a) In General.--For purposes of section 38, the research credit 
determined under this section for the taxable year shall be an amount 
equal to the sum of--
            ``(1) 20 percent of so much of the qualified research 
        expenses for the taxable year as exceeds 50 percent of the 
        average qualified research expenses for the 3 taxable years 
        preceding the taxable year for which the credit is being 
        determined,
            ``(2) 20 percent of so much of the basic research payments 
        for the taxable year as exceeds 50 percent of the average basic 
        research payments for the 3 taxable years preceding the taxable 
        year for which the credit is being determined, plus
            ``(3) 20 percent of the amounts paid or incurred by the 
        taxpayer in carrying on any trade or business of the taxpayer 
        during the taxable year (including as contributions) to an 
        energy research consortium for energy research.''.
    (b) Repeal of Termination.--Section 41 of such Code is amended by 
striking subsection (h).
    (c) Conforming Amendments.--
            (1) Subsection (c) of section 41 of such Code is amended to 
        read as follows:
    ``(c) Determination of Average Research Expenses for Prior Years.--
            ``(1) Special rule in case of no qualified research 
        expenditures in any of 3 preceding taxable years.--In any case 
        in which the taxpayer has no qualified research expenses in any 
        one of the 3 taxable years preceding the taxable year for which 
        the credit is being determined, the amount determined under 
        subsection (a)(1) for such taxable year shall be equal to 10 
        percent of the qualified research expenses for the taxable 
        year.
            ``(2) Consistent treatment of expenses.--
                    ``(A) In general.--Notwithstanding whether the 
                period for filing a claim for credit or refund has 
                expired for any taxable year taken into account in 
                determining the average qualified research expenses, or 
                average basic research payments, taken into account 
                under subsection (a), the qualified research expenses 
                and basic research payments taken into account in 
                determining such averages shall be determined on a 
                basis consistent with the determination of qualified 
                research expenses and basic research payments, 
                respectively, for the credit year.
                    ``(B) Prevention of distortions.--The Secretary may 
                prescribe regulations to prevent distortions in 
                calculating a taxpayer's qualified research expenses or 
                basic research payments caused by a change in 
                accounting methods used by such taxpayer between the 
                current year and a year taken into account in 
                determining the average qualified research expenses or 
                average basic research payments taken into account 
                under subsection (a).''.
            (2) Section 41(e) of such Code is amended--
                    (A) by striking all that precedes paragraph (6) and 
                inserting the following:
    ``(e) Basic Research Payments.--For purposes of this section--
            ``(1) In general.--The term `basic research payment' means, 
        with respect to any taxable year, any amount paid in cash 
        during such taxable year by a corporation to any qualified 
        organization for basic research but only if--
                    ``(A) such payment is pursuant to a written 
                agreement between such corporation and such qualified 
                organization, and
                    ``(B) such basic research is to be performed by 
                such qualified organization.
            ``(2) Exception to requirement that research be performed 
        by the organization.--In the case of a qualified organization 
        described in subparagraph (C) or (D) of paragraph (3), 
        subparagraph (B) of paragraph (1) shall not apply.'',
                    (B) by redesignating paragraphs (6) and (7) as 
                paragraphs (3) and (4), respectively, and
                    (C) in paragraph (4) as so redesignated, by 
                striking subparagraphs (B) and (C) and by redesignating 
                subparagraphs (D) and (E) as subparagraphs (B) and (C), 
                respectively.
            (3) Section 41(f)(3) of such Code is amended--
                    (A)(i) by striking ``, and the gross receipts'' in 
                subparagraph (A)(i) and all that follows through 
                ``determined under clause (iii)'',
                    (ii) by striking clause (iii) of subparagraph (A) 
                and redesignating clauses (iv), (v), and (vi), thereof, 
                as clauses (iii), (iv), and (v), respectively,
                    (iii) by striking ``and (iv)'' each place it 
                appears in subparagraph (A)(iv) (as so redesignated) 
                and inserting ``and (iii)'',
                    (iv) by striking subclause (IV) of subparagraph 
                (A)(iv) (as so redesignated), by striking ``, and'' at 
                the end of subparagraph (A)(iv)(III) (as so 
                redesignated) and inserting a period, and by adding 
                ``and'' at the end of subparagraph (A)(iv)(II) (as so 
                redesignated),
                    (v) by striking ``(A)(vi)'' in subparagraph (B) and 
                inserting ``(A)(v)'', and
                    (vi) by striking ``(A)(iv)(II)'' in subparagraph 
                (B)(i)(II) and inserting ``(A)(iii)(II)'',
                    (B) by striking ``, and the gross receipts of the 
                predecessor,'' in subparagraph (A)(iv)(II) (as so 
                redesignated),
                    (C) by striking ``, and the gross receipts of,'' in 
                subparagraph (B),
                    (D) by striking ``, or gross receipts of,'' in 
                subparagraph (B)(i)(I), and
                    (E) by striking subparagraph (C).
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2013.
            (2) Subsection (b).--The amendment made by subsection (b) 
        shall apply to amounts paid or incurred after December 31, 
        2013.

SEC. 3. PAYGO SCORECARD.

    (a) Paygo Scorecard.--The budgetary effects of this Act shall not 
be entered on either PAYGO scorecard maintained pursuant to section 
4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate Paygo Scorecard.--The budgetary effects of this Act 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 201 of S. Con. Res. 21 (110th Congress).

            Passed the House of Representatives May 9, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```