114 S1601 IS: SAFE Act
U.S. Senate
2015-06-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1601
		IN THE SENATE OF THE UNITED STATES

			June 17, 2015
			Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To establish an integrated national approach to respond to ongoing and expected effects of extreme
			 weather and climate change by protecting, managing, and conserving the
			 fish, wildlife, and plants of the United States, and to maximize
			 Government efficiency and reduce costs, in cooperation with State, local,
			 and tribal governments and other entities, and for other purposes.

		1.Short title
 This Act may be cited as the Safeguarding America's Future and Environment Act or the SAFE Act.
		2.Findings, purposes, and policy
 (a)FindingsCongress finds that— (1)healthy, diverse, and productive communities of fish, wildlife, and plants provide significant benefits to the people and economy of the United States, including—
 (A)abundant clean water supplies; (B)flood and coastal storm protection;
 (C)clean air; (D)a source of food, fiber, medicines, and pollination of the crops and other plants of the United States;
 (E)outdoor recreation, which is a source of jobs and economic stimulus; (F)hunting and fishing opportunities and support for subsistence communities;
 (G)opportunities for scientific research and education; (H)world-class tourism destinations that support local economies; and
 (I)sequestration and storage of carbon to help mitigate changes to the global climate system; (2)the United States Geological Survey, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and other agencies within the United States Global Change Research Program have observed that the fish, wildlife, and plants of the United States are facing increasing risks from changing patterns of extreme weather and climate, including—
 (A)severe droughts and heatwaves; (B)severe storms and floods;
 (C)frequent and severe wildfires; (D)more frequent and severe outbreaks of forest pests and invasive species;
 (E)flooding and erosion of coastal areas due to rising sea levels; (F)melting glaciers and sea ice;
 (G)thawing permafrost; (H)shifting distributions of fish, wildlife, and plant populations;
 (I)disruptive shifts in the timing of fish, wildlife, and plant natural history cycles, such as blooming, breeding, and seasonal migrations;
 (J)increasing ocean temperatures and acidification; (K)altered patterns of rain, snow, runoff, and streamflow; and
 (L)habitat loss, degradation, fragmentation, and movement; and (3)the Federal Government should provide leadership in preparing for and responding to the effects described in paragraph (2) to ensure that present and future generations continue to receive the benefits of the abundant and diverse fish, wildlife, and plant resources of the United States.
 (b)PurposesThe purpose of this Act is to establish an integrated national approach— (1)to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States; and
 (2)to maximize Government efficiency and reduce costs, in cooperation with State, local, and tribal governments and other entities.
 (c)National fish, wildlife, and plants climate change adaptation policyIt is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders to evaluate and reduce the increased risks and vulnerabilities associated with climate change and extreme weather events, and to use all practicable means to protect, manage, and conserve healthy, diverse, and productive fish, wildlife, and plant populations.
 3.DefinitionsIn this Act: (1)AdaptationThe term adaptation means—
 (A)the process of adjustment to actual or expected climate and the effects of climate change; and (B)with respect to fish, wildlife, and plants, protection, management, and conservation efforts designed to maintain or enhance the ability of fish, wildlife, and plants to withstand, adjust to, or recover from the effects of extreme weather and climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire).
 (2)CenterThe term Center means the National Climate Change and Wildlife Science Center established under section 6(a)(1). (3)CommitteeThe term Committee means the Advisory Committee on Climate Change and Natural Resource Sciences established under section 6(b)(1).
 (4)Ecological processesThe term ecological processes means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including—
 (A)decomposition; (B)disease epizootiology;
 (C)disturbance regimes, such as fire and flooding; (D)gene flow;
 (E)hydrological cycling; (F)larval dispersal and settlement;
 (G)nutrient cycling; (H)pollination;
 (I)predator-prey relationships; and (J)soil formation.
 (5)HabitatThe term habitat means the physical, chemical, and biological properties that fish, wildlife, or plants use for growth, reproduction, survival, food, water, or cover (whether on land, in water, or in an area or region).
 (6)Habitat connectivityThe term habitat connectivity means areas that facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement that is necessary—
 (A)for migration, gene flow, or dispersal; or (B)to respond to the ongoing and expected effects of climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire).
 (7)Indian tribeThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
 (8)National strategyThe term National Strategy means the National Fish, Wildlife, and Plants Climate Adaptation Strategy released March 26, 2013. (9)Resilience; resilientThe terms resilience and resilient mean the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions.
 (10)StateThe term State means— (A)a State of the United States;
 (B)the District of Columbia; (C)American Samoa;
 (D)Guam; (E)the Commonwealth of the Northern Mariana Islands;
 (F)the Commonwealth of Puerto Rico; and (G)the United States Virgin Islands.
 (11)Working groupThe term Working Group means the National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group established under section 4(a).
			4.National fish, wildlife, and plants climate adaptation strategy joint implementation working group
 (a)EstablishmentNot later than 90 days after the date of enactment of this Act, the President shall establish a National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group composed of the heads of Federal and State agencies or departments with jurisdiction over fish, wildlife, and plant resources of the United States, and tribal representatives, as follows:
 (1)The Administrator of the Environmental Protection Agency.
 (2)The Administrator of the Federal Emergency Management Agency.
 (3)The Administrator of the National Oceanic and Atmospheric Administration.
 (4)The Chair of the Council on Environmental Quality.
 (5)The Chief of Engineers.
 (6)The Chief of the Forest Service.
 (7)The Commissioner of Reclamation.
 (8)The Director of the Bureau of Indian Affairs.
 (9)The Director of the Bureau of Land Management.
 (10)The Director of the National Park Service.
 (11)The Director of the United States Fish and Wildlife Service.
 (12)The Director of the United States Geological Survey.
 (13)The Secretary of Agriculture. (14)The Secretary of Defense.
 (15)State representatives from each regional association of State fish and wildlife agencies.
 (16)Not less than 2 tribal representatives.
 (b)DutiesThe Working Group shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the National Strategy.
 (c)Co-ChairsThere shall be 4 co-chairs, of whom— (1)2 shall be representatives of the Federal Government;
 (2)1 shall be a representative of a State; and (3)1 shall be a tribal representative.
				5.National fish,
			 wildlife, and plants climate adaptation strategy
			(a)In
 generalThe Working Group shall adopt the National Strategy to protect, manage, and conserve fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand the ongoing and expected effects of extreme weather and climate change.
			(b)Review and
 revisionNot later than 1 year after each release of the assessment required under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936), the Working Group shall—
 (1)use sound science to review and revise the National Strategy to incorporate— (A)new information regarding the ongoing and expected effects of climate change on fish, wildlife, and plants; and
 (B)advances in the development of fish, wildlife, and plant adaptation strategies; and
 (2)in carrying out paragraph (1), provide public notice and opportunity for comment. (c)ContentsA revised National Strategy shall—
 (1)assess the vulnerability of fish, wildlife, and plants to climate change, including short-term, medium-term, long-term, and cumulative impacts;
 (2)describe current, observation, and monitoring activities at the Federal, State, tribal, and local levels relating to the ongoing and expected effects of climate change on fish, wildlife, and plants;
 (3)identify and prioritize research and data needs;
 (4)identify fish, wildlife, and plants likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding effects of extreme weather and climate change;
 (5)include specific protocols for integrating fish, wildlife, and plant adaptation strategies and activities into the conservation and management of natural resources by Federal agencies to ensure consistency across agency jurisdictions;
 (6)identify opportunities for maintaining, restoring, or enhancing fish, wildlife, and plants to reduce the risks of extreme weather and climate change on other vulnerable sectors of society;
 (7)identify Federal policies and actions that may reduce resilience and increase the vulnerability of fish, wildlife, and plants to extreme weather and climate change;
 (8)include specific actions that Federal agencies shall take to protect, conserve, and manage fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand, adjust to, or recover from the ongoing and expected effects of climate change, including a timeline to implement those actions;
 (9)include specific mechanisms for ensuring communication and coordination—
 (A)among Federal agencies; and
 (B)between Federal agencies and State agencies, territories of the United States, Indian tribes, private landowners, conservation organizations, and other countries that share jurisdiction over fish, wildlife, and plants with the United States;
 (10)include specific actions to develop and implement coordinated fish, wildlife, and plants inventory and monitoring protocols through interagency coordination and collaboration with States and local governments, Indian tribes, and private organizations; and
 (11)include procedures for guiding the development of detailed strategy implementation plans required under section 7.
				(d)Implementation
				(1)In
 generalConsistent with other laws and Federal trust responsibilities concerning Indian land or rights of Indians under treaties with the United States, each Federal agency shall integrate the elements of the National Strategy that relate to conservation, management, and protection of fish, wildlife, and plants into agency plans, environmental reviews, and programs.
				(2)Public
 reportThe Working Group shall, on a biannual basis, between revisions to the National Strategy, make available to the public a report documenting any actions implementing the Strategy.
 (3)CoordinationThe Working Group shall coordinate the implementation of the National Strategy with Federal agencies not represented on the Working Group to achieve the policy of the United States described in section 2(c).
				6.Fish, wildlife, and plants adaptation science and information
			(a)National
			 climate change and wildlife science center
 (1)AuthorizationThe Secretary of the Interior, in collaboration with the States, Indian tribes, and other partner organizations, shall establish a National Climate Change and Wildlife Science Center.
				(2)Duties of
 centerThe Center shall assess and develop scientific information, tools, strategies, and techniques to support the Working Group, Federal and State agencies, tribes, regionally based science and conservation centers, regional coordinating entities, and other interested parties in addressing the effects of extreme weather and climate change on fish, wildlife, and plants.
				(3)General
			 authority to enter into contracts, grants, and cooperative
 agreementsThe Secretary may enter into contracts, grants, or cooperative agreements with State agencies, State cooperative extension services, institutions of higher education, other research or educational institutions and organizations, tribal organizations, Federal and private agencies and organizations, individuals, and any other contractor or recipient, to further the duties under paragraph (2) without regard to—
 (A)any requirements for competition;
 (B)section 6101 of title 41, United States Code; or
 (C)subsections (a) and (b) of section 3324 of title 31, United States Code.
					(b)Advisory committee on climate change and natural resource sciences
				(1)In
 generalNot later than 180 days after the date of enactment of this Act, and pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary of the Interior shall establish an Advisory Committee on Climate Change and Natural Resource Sciences.
 (2)MembershipThe Committee shall be comprised of 25 members who—
 (A)represent— (i)Federal agencies;
 (ii)State, local, and tribal governments; (iii)nongovernmental organizations;
 (iv)academic institutions; and (v)the private sector; and
 (B)have expertise in—
 (i)biology (including fish, wildlife, plant, aquatic, coastal, and marine biology);
 (ii)ecology; (iii)climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire); and
 (iv)other relevant scientific disciplines.
 (3)ChairThe Secretary of the Interior shall appoint a Committee Chair from among the members of the Committee.
 (4)DutiesThe Committee shall—
 (A)advise the Working Group on the state of the science regarding—
 (i)the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants; and
 (ii)scientific strategies and mechanisms for fish, wildlife, and plant adaptation;
 (B)identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A) to inform the research priorities of the Center described in subsection (a) and other Federal climate science institutions; and
 (C)review and comment on each revised National Strategy before that National Strategy is finalized.
 (5)CollaborationThe Committee shall collaborate with climate change and fish, wildlife, and plant research entities in other Federal agencies and departments.
				(6)Availability to
 publicThe advice and recommendations of the Committee shall be made available to the public.
				7.Strategy implementation plan
 (a)DevelopmentNot later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, the Working Group shall—
 (1)complete a strategy implementation plan;
 (2)provide opportunities for public review and comment on the plan; and
 (3)submit the plan to the President for approval.
 (b)RequirementsThe strategy implementation plan shall— (1)identify and prioritize specific conservation and management strategies and actions that address the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants, including—
 (A)protection, management, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems;
 (B)establishment of terrestrial, marine, estuarine, and freshwater habitat connectivity corridors;
 (C)restoration and conservation of ecological processes;
 (D)protection of a broad diversity of species of fish, wildlife, and plant populations; and
 (E)protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors;
 (2)establish methods—
 (A)to assess the effectiveness of strategies and conservation actions implemented by the agencies to protect, manage, and conserve fish, wildlife, and plants; and
 (B)to update those strategies and actions to respond to new information and changing conditions;
 (3)describe current and proposed mechanisms to enhance cooperation and coordination of fish, wildlife, and plant adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders;
 (4)include written guidance to resource managers; and
 (5)identify and assess data and information gaps necessary to develop fish, wildlife, and plant adaptation plans and strategies.
				(c)Implementation
				(1)In
 generalOn approval by the President, each Federal agency shall, consistent with existing authority, implement the strategy implementation plan under subsection (a)(1) through existing and new plans, policies, programs, activities, and actions, including integration into climate adaptation plans pursuant to Executive Order 13653 (42 U.S.C. 4321 note; relating to preparation for the impacts of climate change).
				(2)Consideration
 of effectsTo the maximum extent practicable and consistent with existing authority, fish, wildlife, and plant conservation and management decisions made by each Federal agency shall consider and promote resilience to the ongoing and expected effects of extreme weather and climate change.
				(d)Revision and
 reviewNot later than 1 year after the National Strategy is revised under section 5(b), the Working Group shall review and revise the strategy implementation plan under subsection (a)(1) to incorporate the best available science, including advice and information pursuant to section 6 and other information, regarding the ongoing and expected effects of climate change on fish, wildlife, and plants.
			8.State fish, wildlife, and plants adaptation plans
 (a)RequirementTo be eligible to receive funds pursuant to subsection (d), not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, each State shall prepare and submit to the Secretary of the Interior and the Secretary of Commerce, a State fish, wildlife, and plant adaptation plan detailing current and future efforts of the State to address the ongoing and expected effects of climate change on fish, wildlife, and plants and coastal areas within the jurisdiction of the State.
			(b)Review or
 approvalThe Secretary of the Interior and the Secretary of Commerce shall—
 (1)review each State adaptation plan; and
 (2)approve a State adaptation plan if the plan—
 (A)meets the requirements of subsection (c); and
 (B)is consistent with the National Strategy.
 (c)ContentsA State adaptation plan shall—
 (1)meet the requirements described in section 7(b);
 (2)include the adaptation provisions of any State comprehensive wildlife conservation strategy (or State wildlife action plan) that has been—
 (A)submitted to the Director of the United States Fish and Wildlife Service; and
 (B)approved, or is pending approval, by the Director of the United States Fish and Wildlife Service;
 (3)include the adaptation provisions of a statewide assessment and strategy for forest resources required under section 2A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a) that has been—
 (A)submitted to the Secretary of Agriculture; and
 (B)approved, or is pending approval, by the Secretary of Agriculture; and
 (4)include the adaptation provisions of a Coastal Zone Management Plan or a Coastal and Estuarine Land Conservation Program Plan that has been—
 (A)submitted to the Administrator of the National Oceanic and Atmospheric Administration; and
 (B)approved, or is pending approval, by the Administrator of the National Oceanic and Atmospheric Administration.
					(d)Distribution of
 funds to StatesAny funds made available pursuant to this Act shall be—
 (1)used to carry out activities in accordance with adaptation plans approved under this section; and
 (2)made available through—
 (A)the State and tribal wildlife grant program under title I of division F of the Consolidated Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2103); and
 (B)(i)the grant program under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455);
 (ii)the Coastal and Estuarine Land Conservation Program established under title II of the Department of Commerce and Related Agencies Appropriations Act, 2002 (16 U.S.C. 1456d); and
 (iii)programs established under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.).
						(e)Public
 inputIn developing an adaptation plan, a State shall solicit and consider input from the public and independent scientists.
			(f)Coordination
 with other plansA State adaptation plan shall, where appropriate, integrate the goals and measures set forth in other climate adaptation, hazard mitigation, and fish, wildlife, and plant conservation strategies and plans.
 (g)UpdatesEach State adaptation plan shall be updated at least every 4 years.
			9.Authorization of
 appropriationsThere are authorized to be appropriated to carry out this Act such sums as are necessary.


115 HR 6732 IH: Ethics in Public Service Act
U.S. House of Representatives
2018-09-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6732IN THE HOUSE OF REPRESENTATIVESSeptember 7, 2018Mr. Schneider introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo amend the Ethics in Government Act of 1978 to require Federal political appointees to sign a
			 binding ethics pledge, and for other purposes.

 1.Short titleThis Act may be cited as the Ethics in Public Service Act. 2.Ethics pledge requirement for senior executive branch employeesThe Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is amended by inserting after title I the following new title:

				IIEthics Pledge
 201.DefinitionsFor the purposes of this title, the following definitions apply: (1)The term executive agency has the meaning given that term in section 105 of title 5, United States Code, and includes the Executive Office of the President, the United States Postal Service, and Postal Regulatory Commission, but does not include the Government Accountability Office.
 (2)The term appointee means any full-time, noncareer Presidential or Vice-Presidential appointee, noncareer appointee in the Senior Executive Service (or other SES-type system), or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency, but does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.
 (3)The term gift— (A)has the meaning given that term in section 2635.203(b) of title 5, Code of Federal Regulations;
 (B)includes gifts that are solicited or accepted indirectly as defined at section 2635.203(f) of such title; and
 (C)does not include those items excluded by sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), and (l) of such title.
 (4)The term covered executive branch official and lobbyist have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
 (5)The term registered lobbyist or lobbying organization means a lobbyist or an organization filing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of an organization filing such a registration, registered lobbyist includes each of the lobbyists identified therein.
 (6)The term lobby and lobbied mean to act or have acted as a registered lobbyist. (7)The term particular matter has the meaning given that term in section 207 of title 18, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations.
 (8)The term particular matter involving specific parties has the meaning set forth in section 2641.201(h) of title 5, Code of Federal Regulations, except that it shall include any meeting or other communication relating to the performance of one’s official duties with a former employer or former client, unless the communication applies to a particular matter of general applicability and participation in the meeting or other event is open to all interested parties.
 (9)The term former employer is any person for whom the appointee has within the 2 years prior to the date of his or her appointment served as an employee, officer, director, trustee, or general partner, except that former employer does not include any executive agency or other entity of the Federal Government, State or local government, the District of Columbia, Native American tribe, or any United States territory or possession.
 (10)The term former client is any person for whom the appointee served personally as agent, attorney, or consultant within the 2 years prior to the date of his or her appointment, but excluding instances where the service provided was limited to a speech or similar appearance. It does not include clients of the appointee’s former employer to whom the appointee did not personally provide services.
 (11)The term directly and substantially related to my former employer or former clients means matters in which the appointee’s former employer or a former client is a party or represents a party.
 (12)The term participate means to participate personally and substantially. (13)The term post-employment restrictions includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations.
 (14)The term Government official means any employee of the executive branch. (15)The term Administration means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this title.
 (16)The term pledge means the ethics pledge set forth in section 202 of this title. (17)All references to provisions of law and regulations shall refer to such provisions as in effect on the date of enactment of this title.
 202.Ethics pledgeEach appointee in every executive agency appointed on or after the date of enactment of this section shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee:

 As a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law:
 (1)Lobbyist Gift Ban. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.
 (2)Revolving Door Ban—All Appointees Entering Government. I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts.
 (3)Revolving Door Ban—Lobbyists Entering Government. If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 2, I will not for a period of 2 years after the date of my appointment:
 (A)participate in any particular matter on which I lobbied within the 2 years before the date of my appointment;
 (B)participate in the specific issue area in which that particular matter falls; or (C)seek or accept employment with any executive agency that I lobbied within the 2 years before the date of my appointment.
 (4)Revolving Door Ban—Appointees Leaving Government. If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment.
 (5)Revolving Door Ban—Appointees Leaving Government to Lobby. In addition to abiding by the limitations of paragraph 4, I also agree, upon leaving Government service, not to lobby any covered executive branch official or noncareer Senior Executive Service appointee for the remainder of the Administration.
 (6)Employment Qualification Commitment. I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience.
 (7)Assent to Enforcement. I acknowledge that title II of the Ethics in Government Act of 1978, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that title as a part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service. ”.
					203.Waiver
 (a)The Director of the Office of Management and Budget, in consultation with the Counsel to the President, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director certifies (in writing) that—
 (1)the literal application of the restriction is inconsistent with the purposes of the restriction; or (2)it is in the public interest to grant the waiver.
 (b)Any waiver under this section shall take effect when the certification is signed by the Director. (c)For purposes of subsection (a)(2), the public interest shall include exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph 3 of the pledge.
						204.Administration
 (a)The head of each executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency’s general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure—
 (1)that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee;
 (2)that compliance with paragraph 3 of the pledge is addressed in a written ethics agreement with each appointee to whom it applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work;
 (3)that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and
 (4)compliance with this title within the agency. (b)With respect to the Executive Office of the President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President.
 (c)The Director of the Office of Government Ethics shall— (1)ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection (a);
 (2)in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge;
 (3)in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate—
 (A)to carry out the responsibilities assigned by this subsection; (B)to apply the lobbyist gift ban set forth in paragraph 1 of the pledge to all executive branch employees;
 (C)to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban;
 (D)to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift as provided by section 2635.205 of title 5, Code of Federal Regulations;
 (E)to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the integrity of the Government’s programs and operations; and
 (F)to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph 6 of the pledge is honored by every employee of the executive branch;
 (4)in consultation with the Director of the Office of Management and Budget, report to the President on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure and on steps the executive branch can take to expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of lobbying for presidential pardons, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation; and
 (5)provide an annual public report on the administration of the pledge and this title. (d)The Director of the Office of Government Ethics shall, in consultation with the Attorney General, the Counsel to the President, and the Director of the Office of Personnel Management, report to the President on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban set forth in paragraph 5 of the pledge to all executive branch employees who are involved in the procurement process such that they may not for 2 years after leaving Government service lobby any Government official regarding a Government contract that was under their official responsibility in the last 2 years of their Government service, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation.
 (e)All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee’s agency for permanent retention in the appointee’s official personnel folder or equivalent folder.
						205.Enforcement
 (a)The contractual, fiduciary, and ethical commitments in the pledge are solely enforceable by the United States pursuant to this section by any legally available means, including debarment proceedings within any affected executive agency or judicial civil proceedings for declaratory, injunctive, or monetary relief.
 (b)Any former appointee who is determined, after notice and hearing, by the duly designated authority within any agency, to have violated his or her pledge may be barred from lobbying any officer or employee of that agency for up to 5 years in addition to the time period covered by the pledge. The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement this subsection, which procedures shall include providing for factfinding and investigation of possible violations of this title and for referrals to the Attorney General for consideration pursuant to subsection (c).
 (c)The Attorney General is authorized— (1)upon receiving information regarding the possible breach of any commitment in a signed pledge, to request any appropriate Federal investigative authority to conduct such investigations as may be appropriate; and
 (2)upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action against the former employee in any United States District Court with jurisdiction to consider the matter.
 (d)In any such civil action, the Attorney General is authorized to request any and all relief authorized by law, including—
 (1)such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former employee in breach of the commitments in the pledge he or she signed under this title; and
 (2)establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former employee arising out of any breach or attempted breach of such pledge..


116 HR 6399 IH: Securing America’s Vaccines for Emergencies Act of 2020
U.S. House of Representatives
2020-03-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6399IN THE HOUSE OF REPRESENTATIVESMarch 26, 2020Mr. Hill of Arkansas introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Defense Production Act of 1950 to ensure the supply of certain medical articles essential to national defense, and for other purposes.1.Short titleThis Act may be cited as the Securing America’s Vaccines for Emergencies Act of 2020 or the SAVE Act of 2020.2.Securing essential medical articles(a)Statement of policySection 2(b) of the Defense Production Act of 1950 (50 U.S.C. 4502) is amended—(1)by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and(2)by inserting after paragraph (2) the following:(3)authorities under this Act should be used when appropriate to ensure the availability of medical articles essential to national defense, including through measures designed to secure the drug supply chain, and taking into consideration the importance of United States competitiveness, scientific leadership and cooperation, and innovative capacity;.(b)Strengthening domestic capabilitySection 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended—(1)in subsection (a), by striking and industrial resources and inserting industrial resources, and medical articles; and(2)in subsection (b)(1), by striking and industrial resources and inserting industrial resources, and medical articles (including drugs to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense.(c)Strategy on securing supply chains for medical articlesTitle I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by adding at the end the following:109.Strategy on securing supply chains for medical articles(a)In generalNot later than 120 days after the date of the enactment of this section, the President, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Defense, shall transmit a strategy to the appropriate Members of Congress that includes the following:(1)A detailed plan to use the authorities under this title and title III, or any other provision of law, to ensure the supply of medical articles (including drugs to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense, to the extent necessary for the purposes of this Act.(2)An analysis of vulnerabilities to existing supply chains for such medical articles, and recommendations to address the vulnerabilities.(3)Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense.(4)A discussion of—(A)any significant effects resulting from the plan and measures described in this subsection on the production, cost, or distribution of vaccines or any other drugs (as defined under section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));(B)a timeline to ensure that essential components of the supply chain for medical articles are not under the exclusive control of a foreign government in a manner that the President determines could threaten the national defense of the United States; and(C)efforts to mitigate any risks resulting from the plan and measures described in this subsection to United States competitiveness, scientific leadership, and innovative capacity, including efforts to cooperate and proactively engage with United States allies.(b)Progress ReportFollowing submission of the strategy under subsection (a), the President shall submit to the appropriate Members of Congress an annual progress report evaluating the implementation of the strategy, and may include updates to the strategy as appropriate. The strategy and progress reports shall be submitted in unclassified form but may contain a classified annex.(c)Appropriate Members of CongressThe term appropriate Members of Congress means the Speaker, majority leader, and minority leader of the House of Representatives, the majority leader and minority leader of the Senate, the Chairman and Ranking Member of the Committee on Financial Services of the House of Representatives, and the Chairman and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate. .3.Investment in supply chain security(a)In generalSection 303 of the Defense Production Act of 1950 (50 U.S.C. 4533) is amended by adding at the end the following:(h)Investment in supply chain security(1)In generalThe President may make available to an eligible entity described in paragraph (2) payments to increase the security of supply chains and supply chain activities, if the President certifies to Congress not less than 30 days before making such a payment that the payment is important to meet national defense requirements of the United States.(2)Eligible entityAn eligible entity described in this paragraph is an entity that—(A)is organized under the laws of the United States or any jurisdiction within the United States; and(B)produces—(i)one or more critical components;(ii)critical technology; or(iii)one or more products for the increased security of supply chains or supply chain activities.(3)DefinitionsIn this subsection, the terms supply chain and supply chain activities have the meanings given those terms by the President by regulation..(b)Regulations(1)In generalNot later than 90 days after the date of the enactment of this Act, the President shall prescribe regulations setting forth definitions for the terms supply chain and supply chain activities for the purposes of section 303(h) of the Defense Production Act of 1950 (50 U.S.C. 4533(h)), as added by subsection (a).(2)Scope of definitionsThe definitions required by paragraph (1)—(A)shall encompass—(i)the organization, people, activities, information, and resources involved in the delivery and operation of a product or service used by the Government; or(ii)critical infrastructure as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); and(B)may include variations as determined necessary and appropriate by the President for purposes of national defense.


116 HR 3726 IH: Reducing the Effects of the Cyberattack on OPM Victims Emergency Response Act of 2019
U.S. House of Representatives
2019-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3726IN THE HOUSE OF REPRESENTATIVESJuly 11, 2019Ms. Norton (for herself and Mr. Ruppersberger) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo amend the Consolidated Appropriations Act, 2017 to extend the availability of identity
			 protection coverage to individuals whose personally identifiable
			 information was compromised during recent data breaches at Federal
			 agencies, and for other purposes.

 1.Short titleThis Act may be cited as the Reducing the Effects of the Cyberattack on OPM Victims Emergency Response Act of 2019 or the RECOVER Act. 2.Identity protection coverage for individuals affected by Federal agency data breachesSection 633(a) of title VI of division E of the Consolidated Appropriations Act, 2017 (Public Law 115–31), as amended by section 630 of title VI of division D of the Consolidated Appropriations Act, 2018 (Public Law 115–141), is amended—
 (1)by striking (a) For fiscal years 2016 through 2026,  and inserting (a) In general.—For fiscal year 2016 and each fiscal year thereafter,; (2)by striking and at the end of paragraph (1); and
 (3)by striking paragraph (2) and inserting the following:  (2)is effective for the remainder of the life of the affected individual; and
 (3)includes not less than $5,000,000 in identity theft insurance..


116 HR 4560 IH: To amend the Public Health Service Act to reauthorize Johanna’s Law, and for other purposes.
U.S. House of Representatives
2019-09-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4560IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2019Ms. DeLauro (for herself, Mr. Fitzpatrick, Mr. Nadler, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to reauthorize Johanna’s Law, and for other purposes.

		1.Reauthorization and enhancement of Johanna’s Law
 (a)In generalSection 317P(d) of the Public Health Service Act (42 U.S.C. 247b–17(d)) is amended— (1)in paragraph (1), by adding at the end the following:

 (D)Activities under the national campaign under subparagraph (A) shall include public service announcements using traditional or digital media under subparagraph (C) targeted to specific higher-risk populations of women based on race, ethnicity, level of acculturation, and family history, including the African-American and Ashkenazi Jewish populations.; and
 (2)by amending paragraph (6) to read as follows:  (6)Authorization of appropriationsFor the purpose of carrying out this subsection, there is authorized to be appropriated $45,000,000 for the period of fiscal years 2020 through 2022..
				2.Demonstration projects regarding outreach and education strategies relating to gynecologic cancer
 (a)In generalSection 317P(d) of the Public Health Service Act (42 U.S.C. 247b–17(d)) is amended by inserting after paragraph (4) the following new paragraph:

					(5)Demonstration projects regarding outreach and education strategies
						(A)In general
 (i)ProgramThe Secretary may carry out a program to award grants or contracts to public or nonprofit private entities for the purpose of carrying out demonstration projects to test, compare, and evaluate different evidence-based outreach and education strategies to increase the awareness and knowledge of women and health care providers with respect to gynecologic cancers, including with respect to early warning signs, risk factors, prevention, screening, and treatment options. Such strategies shall include efforts directed at women and their families, physicians, nurses, and key health professionals.
 (ii)Science-based resourcesIn making awards under subparagraph (A), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention.
 (B)Preferences in awarding grants or contractsIn making awards under subparagraph (A), the Secretary shall give preference to— (i)applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and
 (ii)applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, and key health professionals, health profession students, hospitals, payers, and State health departments.
 (C)ApplicationTo seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph.
 (D)Certain requirementsIn making awards under subparagraph (A), the Secretary shall— (i)make awards, as practicable, to not fewer than five applicants; and
 (ii)ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information.
 (E)Report to congressNot later than 24 months after the date of the enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Congress a report that—
 (i)summarizes the activities of demonstration projects under subparagraph (A); (ii)evaluates the extent to which the projects were effective in increasing awareness and knowledge of risk factors and early warning signs in the populations to which the projects were directed; and
 (iii)identifies barriers to early detection and appropriate treatment of such cancers.. (b)Conforming amendmentSection 317P(d)(3)(A) of the Public Health Service Act (42 U.S.C. 247b–17(d)(3)(A)) is amended by inserting (other than paragraph (5)) after this section.


116 S4069 IS: Support Baseball in Communities Act
U.S. Senate
2020-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4069IN THE SENATE OF THE UNITED STATESJune 25, 2020Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo amend the Small Business Act to provide that Major League Baseball franchises will be prohibited from receiving loans under the Paycheck Protection Program under certain circumstances, and for other purposes.1.Short titleThis Act may be cited as the Support Baseball in Communities Act.2.Eligibility for certain assistance(a)Paycheck protection programSection 7(a)(36)(D) of the Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended by adding at the end the following:(vii)Limitation for Major League Baseball teamsNotwithstanding any other provision of this paragraph, if Major League Baseball reduces the number of Minor League Baseball teams that are affiliated with a Major League Baseball team, no Major League Baseball team shall be eligible to receive a covered loan..(b)CARES Act programsNotwithstanding any other provision of law or regulation, if Major League Baseball reduces the number of Minor League Baseball teams that are affiliated with a Major League Baseball team, no Major League Baseball team shall be eligible to receive assistance under any program carried out under— (1)title IV of the CARES Act (Public Law 116–136); or (2)any of the amendments made by that title.(c)Retroactive effectThis section, and the amendments made by this section, shall take effect as if enacted on the date of enactment of the CARES Act (Public Law 116–136).


116 S4909 IS: Native American Veteran Parity in Access to Care Today Act
U.S. Senate
2020-11-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4909IN THE SENATE OF THE UNITED STATESNovember 18, 2020Mr. Tester (for himself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to prohibit the collection of a health care copayment by the Secretary of Veterans Affairs from a veteran who is a member of an Indian Tribe. 1.Short titleThis Act may be cited as the Native American Veteran Parity in Access to Care Today Act or the Native American Veteran PACT Act.2.Prohibition on collection of a health care copayment by the Secretary of Veterans Affairs from a veteran who is a member of an Indian Tribe(a)In generalSection 1730A of title 38, United States Code, is amended—(1)in the heading, by striking catastrophically disabled and inserting certain;(2)by inserting (a) Prohibition.— before Notwithstanding;(3)by striking a veteran who is catastrophically disabled, as defined by the Secretary, and inserting a covered veteran; and(4)by adding at the end the following new subsection:(b)Covered veteran definedIn this section, the term covered veteran means a veteran who—(1)is catastrophically disabled, as defined by the Secretary; or(2)is an Indian or urban Indian (as those terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603))..(b)Clerical amendmentThe table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1730A and inserting the following new item: 1730A. Prohibition on collection of copayments from certain veterans..(c)Effective dateThe amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.


110 HR 4439 IH: To suspend temporarily the duty on acrylic or modacrylic synthetic filament tow.
U.S. House of Representatives
2007-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 4439
IN THE HOUSE OF REPRESENTATIVES

December 11, 2007
Mr. Coble introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on acrylic or modacrylic synthetic filament tow.

1.Acrylic or modacrylic synthetic filament tow
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.01.00Synthetic filament tow: acrylic or modacrylic (provided for in subheading 5501.30.00).FreeNo changeNo changeOn or before 12/31/2011    .
(b)Effective dateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


116 S843 IS: Partner with Korea Act
U.S. Senate
2019-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 843IN THE SENATE OF THE UNITED STATESMarch 14, 2019Mr. Isakson (for himself, Mr. Blunt, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo provide high-skilled nonimmigrant visas for nationals of the Republic of Korea, and for other
 purposes.1.Short titleThis Act may be cited as the Partner with Korea Act.2.Reciprocal visas
			 for nationals of South Korea(a)In
 generalSection 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—(1)by striking join him: (i) solely to carry and inserting the following: “join him—(i)solely to carry;(2)by striking (ii) solely to develop and inserting the following:(ii)solely to develop;(3)by striking or (iii) solely to perform and inserting the following:(iii)solely to perform; and(4)by adding at the end the following: “or(iv)solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed an attestation with the Secretary of Labor under section 212(t)(1);.(b)AttestationSection 212 of such Act (8 U.S.C. 1182), is amended—(1)in subsection (t), as added by section 402(b)(2) of the United States-Chile Free Trade Agreement Implementation Act (Public Law 108–77; 117 Stat. 941)—(A)by striking section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) each place it appears and inserting subparagraph (E)(iii), (E)(iv), or (H)(i)(b1) of section 101(a)(15); and(B)in clauses (i)(II), (ii)(II), and (iii)(II) of paragraph (3)(C), by striking section 204, 214(c), 101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) each place it appears and inserting subparagraph (E)(iii), (E)(iv), or (H)(1)(b1) of section 101(a)(15) or section 204 or 214(c); and(2)by redesignating subsection (t), as added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470), as subsection (u).(c)Numerical
 limitationSection 214(g) of such Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:(12)(A)The Secretary of State may not approve more than 15,000 initial applications submitted for aliens described in section 101(a)(15)(E)(iv) in any fiscal year.(B)The numerical limitation under subparagraph (A) shall only apply to principal aliens and shall not apply to the spouses or children of such aliens..(d)Specialty
 occupation definedSection 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is amended by striking section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and paragraph (2), and inserting paragraph (2) of this subsection and subparagraphs (E)(iii), (E)(iv), and (H)(i)(b) of section 101(a)(15),.


113 S2715 IS: Competitiveness and Opportunity by Modernizing and Permanently Extending the Tax Credit for Experimentation Act of 2014
U.S. Senate
2014-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS2d SessionS. 2715IN THE SENATE OF THE UNITED STATESJuly 31, 2014Mr. Carper introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to increase and make permanent the alternative
			 simplified research credit, and for other purposes.1.Short title; amendment of
			 1986 Code(a)Short
			 titleThis Act may be cited
			 as the Competitiveness and Opportunity by Modernizing and Permanently Extending the Tax Credit for
			 Experimentation Act of 2014 or the COMPETE Act of 2014.(b)Amendment of
			 1986 CodeExcept as otherwise
			 expressly provided, whenever in this Act an amendment or repeal is
			 expressed in
			 terms of an amendment to, or repeal of, a section or other provision, the
			 reference shall be considered to be made to a section or other provision
			 of the
			 Internal Revenue Code of 1986.2.Permanent
			 extension and modification of research credit(a)Simplified
			 credit for qualified research expensesSubsection (a) of section
			 41 is amended to read as follows:(a)General
				ruleFor purposes of section 38, the research credit determined
				under this section for the taxable year shall be an amount equal to
			 25 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..(b)Special rules
			 and termination of base amount calculation(1)In
			 generalSubsection (c) of section 41 is amended to read as
			 follows:(c)Special rule in
				case of no qualified research expenses in any of 3 preceding
			 taxable
				years(1)Taxpayers to
				which subsection appliesThe credit under this section shall be
				determined under this subsection, and not under subsection (a), if,
			 in any one
				of the 3 taxable years preceding the taxable year for which the
			 credit is being
				determined, the taxpayer has no qualified research expenses.(2)Credit
				rateThe credit determined under this subsection shall be equal
				to 10 percent of the qualified research expenses for the taxable
				year..(2)Consistent
			 treatment of expensesSubsection (b) of section 41 is amended by
			 adding at the end the following new paragraph:(5)Consistent treatment of expenses
				required(A)In
				generalNotwithstanding whether the period for filing a claim for
				credit or refund has expired for any taxable year in the
			 3-taxable-year period
				taken into account under subsection (a), the qualified research
			 expenses taken
				into account for such year shall be determined on a basis
			 consistent with the
				determination of qualified research expenses for the credit year.(B)Prevention of
				distortionsThe Secretary may prescribe regulations to prevent
				distortions in calculating a taxpayer's qualified research expenses
			 caused by a
				change in accounting methods used by such taxpayer between the
			 credit year and
				a year in such 3-taxable-year
				period..(c)Inclusion of
			 qualified research expenses of an acquired person(1)Partial
			 inclusion of pre-acquisition qualified research
			 expensesSubparagraph (A) of section 41(f)(3) is amended to read
			 as follows:(A)Acquisitions(i)In
				generalIf a person acquires the major portion of a trade or
				business of another person (hereinafter in this paragraph referred
			 to as the
				predecessor) or the major portion of a separate unit of a trade
				or business of a predecessor, then the amount of qualified research
			 expenses
				paid or incurred by the acquiring person during the 3 taxable years
			 preceding
				the taxable year in which the credit under this section is
			 determined shall be
				increased by—(I)for purposes of
				applying this section for the taxable year in which such
			 acquisition is made,
				the amount determined under clause (ii), and(II)for purposes of
				applying this section for any taxable year after the taxable year
			 in which such
				acquisition is made, so much of the qualified research expenses
			 paid or
				incurred by the predecessor with respect to the acquired trade or
			 business
				during the portion of the measurement period that is part of the
			 3-taxable-year
				period preceding the taxable year for which the credit is
			 determined as is
				attributable to the portion of such trade or business or separate
			 unit acquired
				by such person.(ii)Amount
				determinedThe amount determined under this clause is the amount
				equal to the product of—(I)so much of the
				qualified research expenses paid or incurred by the predecessor
			 with respect to
				the acquired trade or business during the 3 taxable years before
			 the taxable
				year in which the acquisition is made as is attributable to the
			 portion of such
				trade or business or separate unit acquired by the acquiring
			 person, and(II)the number of
				months in the period beginning on the date of the acquisition and
			 ending on the
				last day of the taxable year in which the acquisition is made,divided by
				12.(iii)Special rules
				for coordinating taxable yearsIn the case of an acquiring person
				and a predecessor whose taxable years do not begin on the same
			 date—(I)each reference to
				a taxable year in clauses (i) and (ii) shall refer to the
			 appropriate taxable
				year of the acquiring person,(II)the qualified
				research expenses paid or incurred by the predecessor during each
			 taxable year
				of the predecessor any portion of which is part of the measurement
			 period shall
				be allocated equally among the months of such taxable year, and(III)the amount of
				such qualified research expenses taken into account under clauses
			 (i) and (ii)
				with respect to a taxable year of the acquiring person shall be
			 equal to the
				total of the expenses attributable under subclause (II) to the
			 months occurring
				during such taxable year.(iv)Measurement
				periodFor purposes of this subparagraph, the term
				measurement period means the taxable year of the acquiring person
				in which the acquisition is made and the 3 taxable years of the
			 acquiring
				person preceding such taxable
				year..(2)Expenses of a
			 predecessorSubparagraph (B) of section 41(f)(3) is amended to
			 read as follows:(B)DispositionsIf
				the predecessor furnished to the acquiring person such information
			 as is
				necessary for the application of subparagraph (A), then, for
			 purposes of
				applying this section for any taxable year ending after such
			 disposition, the
				amount of qualified research expenses paid or incurred by the
			 predecessor
				during the 3 taxable years preceding such taxable year shall be
			 reduced—(i)in the case of
				the taxable year in which such disposition is made, by an amount
			 equal to the
				product of—(I)the amount of
				qualified research expenses paid or incurred during such 3 taxable
			 years with
				respect to the acquired business, and(II)the number of
				days in the period beginning on the date of acquisition (as
			 determined for
				purposes of subparagraph (A)(ii)(II)) and ending on the last day of
			 the taxable
				year of the predecessor in which the disposition is made,divided by
				the number of days in the taxable year of the predecessor, and(ii)in the case of
				any taxable year ending after the taxable year in which such
			 disposition is
				made, the amount described in clause
				(i)(I)..(d)Aggregation of
			 expendituresParagraph (1) of section 41(f), as amended by the
			 American Taxpayer Relief Act of 2012, is amended—(1)by striking
			 of the qualified research expenses, basic research payments, and amounts
			 paid or incurred to energy research consortiums, in subparagraph
			 (A)(ii) and inserting qualified research expenses, and(2)by striking
			 of the qualified research expenses, basic research payments, and amounts
			 paid or incurred to energy research consortiums, in subparagraph
			 (B)(ii) and inserting qualified research expenses.(e)Split 100 percent credit for contract research expensesSubparagraph (A) of section 41(b)(3) is amended to read as follows:(A)In general(i)Taxpayers paying for contracted researchThe term contract research expenses means 65 percent of any amount paid or incurred by the taxpayer to any person (other than an
			 employee of the taxpayer) for qualified research.(ii)Taxpayers performing contracted researchIn the case of a taxpayer (other than an entity described in subparagraph (C) or (D) or paragraph
			 (5)(C)) who receives amounts from any person (other than an employer of
			 the
			 taxpayer) for qualified research on behalf of such person, the term contract research expenses means so much of the qualified research expenses paid or incurred by the taxpayer  as does not
			 exceed 35 percent of the amounts so received from such person.(iii)Special rulesFor purposes of clause (ii)—(I)Trade or businessThe qualified research expenses of the taxpayer shall be determined as if the trade or business of
			 the taxpayer were the conduct of qualified research on behalf of other
			 persons.(II)Research not treated as funded researchSubparagraph (H) of subsection (d)(4) shall not apply.(III)Qualified researchThe qualified research expenses of a taxpayer shall be determined as if the conditions of
			 subparagraph (B) of subsection (d)(1) are satisfied if the business
			 component described in subparagraph (B)(ii) thereof is a business
			 component of either of the taxpayers described in clauses (i) and (ii).(IV)LimitationThe qualified research expenses of a taxpayer shall not include any expenses that would not be
			 eligible as in-house research expenses for purposes of paragraph (2).(iv)Denial of double benefitThe amount of any in-house research expenses taken into account under this section with respect to
			 a taxpayer described in clause (ii) shall be reduced by the amount of the
			 contract research expenses taken into account under such clause with
			 respect to such taxpayer for the taxable year..(f)Inclusion of
			 basic research paymentsSubsection (b) of section 41 is amended
			 by redesignating paragraph (5), as added by this section, as paragraph
			 (6), and
			 by inserting after paragraph (4) the following new paragraph:(5)Basic research
				payments(A)In
				generalIn the case of basic research payments made by the
				taxpayer, paragraph (3)(A) shall be applied by substituting 100
				percent for 65 percent.(B)Basic research
				paymentsFor purposes of this paragraph, 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—(i)such payment is
				made pursuant to a written agreement between such corporation and
			 such
				qualified organization, and(ii)except in the case
				of a payment to a qualified organization described in clause (iii)
			 or (iv) of
				subparagraph (C), such basic research is to be performed by such
			 qualified
				organization.(C)Qualified
				organizationFor purposes of this paragraph, the term
				qualified organization means any of the following
				organizations:(i)Educational
				institutionsAny educational organization which—(I)is an institution
				of higher education (within the meaning of section 3304(f)), and(II)is described in
				section 170(b)(1)(A)(ii).(ii)Certain
				scientific research organizationsAny organization not described
				in clause (i) which—(I)is described in
				section 501(c)(3) and is exempt from tax under section 501(a),(II)is organized and
				operated primarily to conduct scientific research, and(III)is not a private
				foundation.(iii)Scientific
				tax-exempt organizationsAny organization which—(I)is described in
				section 501(c)(3) (other than a private foundation) or section
				501(c)(6),(II)is exempt from
				tax under section 501(a),(III)is organized and
				operated primarily to promote scientific research by qualified
			 organizations
				described in clause (i) pursuant to written research agreements,
			 and(IV)currently expends
				substantially all of its funds or substantially all of the basic
			 research
				payments received by it for grants to, or contracts for basic
			 research with, an
				organization described in clause (i).(iv)Certain grant
				organizationsAny organization not described in clause (ii) or
				(iii) which—(I)is described in
				section 501(c)(3) and is exempt from tax under section 501(a)
			 (other than a
				private foundation),(II)is established
				and maintained by an organization established before July 10, 1981,
			 which meets
				the requirements of subclause (I),(III)is organized and
				operated exclusively for the purpose of making grants to
			 organizations
				described in clause (i) pursuant to written research agreements for
			 purposes of
				basic research, and(IV)makes an
				election, revocable only with the consent of the Secretary, to be
			 treated as a
				private foundation for purposes of this title (other than section
			 4940,
				relating to excise tax based on investment income).(D)Definitions and
				special rulesFor purposes of this paragraph—(i)Basic
				researchThe term basic research means any original
				investigation for the advancement of scientific knowledge not
			 having a specific
				commercial objective, except that such term shall not include—(I)basic research
				conducted outside of the United States, and(II)basic research in
				the social sciences, arts, or humanities.(ii)Trade or
				business qualificationFor purposes of applying paragraph (1) to
				this paragraph, any basic research payments shall be treated as an
			 amount paid
				in carrying on a trade or business of the taxpayer in the taxable
			 year in which
				it is paid (without regard to the provisions of paragraph (3)(B)).(iii)Certain
				corporations not eligibleThe term corporation shall
				not include—(I)an S
				corporation,(II)a personal
				holding company (as defined in section 542), or(III)a service
				organization (as defined in section
				414(m)(3))..(g)Permanent
			 extension(1)Section 41 is
			 amended by striking subsection (h).(2)Paragraph (1) of
			 section 45C(b) is amended by striking subparagraph (D).(h)Conforming
			 amendments(1)Termination of
			 basic research payment calculationSection 41 is amended—(A)by striking
			 subsection (e),(B)by redesignating
			 subsection (g) as subsection (e), and(C)by relocating
			 subsection (e), as so redesignated, immediately after subsection (d).(2)Special
			 rules(A)Paragraph (4) of
			 section 41(f) is amended by striking and gross receipts.(B)Subsection (f) of
			 section 41 is amended by striking paragraph (6).(3)Cross-references(A)Subparagraph (B) of section 45C(b)(1) is amended—(i)by striking paragraph (3)(A) in clause (ii) and inserting paragraph (3)(A)(i),(ii)by striking the period at the end of clause (ii) and inserting , and,(iii)by striking and at the end of clause (i), and(iv)by adding at the end the following new clause:(iii)by disregarding clauses (ii), (iii), and (iv) of paragraph (3)(A) of such subsection..(B)Paragraph (2) of
			 section 45C(c) is amended by striking base period research
			 expenses and inserting average qualified research
			 expenses.(C)Subparagraph (A)
			 of section 54(l)(3) is amended by striking section 41(g) and
			 inserting section 41(e).(D)Clause (i) of
			 section 170(e)(4)(B) is amended by striking subparagraph (A) or
			 subparagraph (B) of section 41(e)(6) and inserting clause (i) or
			 clause (ii) of section 41(b)(5)(C).(E)Section 280C is
			 amended—(i)by
			 striking or basic research expenses (as defined in section
			 41(e)(2)) in subsection (c)(1),(ii)by
			 striking section 41(a)(1) in subsection (c)(2)(A) and inserting
			 section 41(a), and(iii)by striking
			 or basic research expenses in subsection (c)(2)(B).(F)Clause (i) of
			 section 1400N(l)(7)(B) is amended by striking section 41(g) and
			 inserting section 41(e).(i)Technical
			 correctionsSection 409 is amended—(1)by inserting
			 , as in effect before the enactment of the Tax Reform Act of
			 1984) after section 41(c)(1)(B) in subsection
			 (b)(1)(A),(2)by inserting
			 , as in effect before the enactment of the Tax Reform Act of
			 1984 after relating to the employee stock ownership
			 credit in subsection (b)(4),(3)by inserting
			 (as in effect before the enactment of the Tax Reform Act of
			 1984) after section 41(c)(1)(B) in subsection
			 (i)(1)(A),(4)by inserting
			 (as in effect before the enactment of the Tax Reform Act of
			 1984) after section 41(c)(1)(B) in subsection
			 (m),(5)by inserting
			 (as so in effect) after section 48(n)(1) in
			 subsection (m),(6)by inserting
			 (as in effect before the enactment of the Tax Reform Act of
			 1984) after section 48(n) in subsection (q)(1),
			 and(7)by inserting
			 (as in effect before the enactment of the Tax Reform Act of
			 1984) after section 41 in subsection (q)(3).(j)Effective
			 date(1)In
			 generalExcept as provided in paragraphs (2) and (3), the
			 amendments made by this section shall apply to taxable years beginning
			 after
			 December 31, 2014.(2)Permanent
			 extensionThe amendments made by subsection (g) shall apply to
			 amounts paid or incurred after December 31, 2013.(3)Technical
			 correctionsThe amendments made by subsection (i) shall take
			 effect on the date of the enactment of this Act.3.Exception from
			 passive loss rules for investments in high technology research small
			 business
			 pass-thru entities(a)In
			 generalSubsection (c) of section 469 is amended by redesignating
			 paragraphs (4) through (7) as paragraphs (5) through (8), respectively,
			 and by
			 inserting after paragraph (3) the following new paragraph:(4)High technology
				research activities(A)In
				generalThe term
				passive activity shall not include any qualified research activity of the taxpayer
				carried on by a high technology research small business pass-thru
				entity.(B)Treatment of losses and deductions(i)In generalLosses or deductions of a taxpayer relating to qualified research activities carried on by a high
			 technology research small business pass-thru entity shall not be treated
			 as losses or deductions, respectively, from a passive activity except as
			 provided in clause (ii) and subparagraph (C).(ii)LimitationClause (i) shall apply to losses and deductions of a taxpayer relating to a high technology small
			 business pass-thru entity for a taxable year only to the extent that the
			 aggregate losses and deductions of the taxpayer relating to qualified
			 research activities of such entity for such taxable year do not exceed the
			 portion of the taxpayer's adjusted basis in the taxpayer's ownership
			 interest in such entity that is attributable to money or other property
			 contributed—(I)in exchange for such ownership interest, and(II)specifically for use in connection with qualified research activities.For purposes of the preceding sentence, the taxpayer's basis shall not include any portion of such
			 basis which is attributable to an increase in a partner's share of the
			 liabilities of a partnership that is considered under section 752(a) as a
			 contribution of money.(C)Treatment of carryoversSubparagraph (B)(i) shall not apply to the portion of any loss or deduction that is carried over
			 under subsection (b) into a taxable year other than the taxable year in
			 which such loss or deduction arose.(D)Qualified research activityFor purposes of this paragraph, the term qualified research activity means any activity constituting qualified research (within the meaning of section 41(d)(1)(B) and
			 taking into account
				paragraphs (3) and (4) of section 41(d)) which involves a process
			 of experimentation.(E)High technology
				research small business pass-thru entityFor purposes of this
				paragraph, the term high technology research small business pass-thru
				entity means any domestic pass-thru entity for any taxable year
				if—(i)either—(I)more than 75
				percent of the entity’s expenditures (including salaries, rent and
			 overhead)
				for such taxable year are paid or incurred in connection with
			 qualified
				research (within the meaning of section 41(d)(1)(B), taking into
			 account
				paragraphs (3) and (4) of section 41(d)) that involves a process of
			 experimentation conducted by the entity, or(II)more than 50 percent of the entity’s
				expenditures for such taxable year constitute qualified research
			 expenses (as
				defined in section 41(b), but determined without regard to the
			 phrase 65 percent of in paragraph (3)(A) thereof),(ii)such entity is a
				small business (within the meaning of section 41(b)(3)(D)(iii),
			 applied by
				substituting 250 for 500 in subclause (I)
				thereof), and(iii)at no time
				during the taxable year does the entity have aggregate gross assets
			 in excess
				of $150,000,000.(F)Provisions
				related to aggregate gross assets limitationFor purposes of this
				paragraph—(i)In
				generalExcept as otherwise provided in this subparagraph, the
				term aggregate gross assets has the meaning given such term in
				section 1202(d)(2).(ii)Exception for
				certain intangiblesAny section 197 intangible (as defined in
				section 197(d) and determined without regard to section 197(e))
			 which is used
				directly in connection with the research referred to in
			 subparagraph (E)(i)
				shall not be taken into account in determining aggregate gross
			 assets.(iii)Exception for
				certain follow-on investmentsCash from a sale of equity interests shall
				not be taken into account in determining aggregate gross assets if—(I)the aggregate
				gross assets of such entity (determined immediately after such sale
			 and without
				regard to this clause) do not exceed the sum of $150,000,000, plus
			 25 percent
				of the aggregate gross assets of such entity (determined
			 immediately before
				such sale and without regard to this clause), and(II)the aggregate
				gross assets of such entity (determined immediately before such
			 sale and
				without regard to this clause) do not exceed $150,000,000.Sales of
				equity interests which are part of the same plan or arrangement, or
			 which are
				carried out with the principal purpose of increasing the amount of
			 cash to
				which this clause applies (determined without regard to this
			 sentence), shall
				be treated as a single sale for purposes of this clause.(iv)Inflation
				adjustmentIn the case of any
				taxable year beginning after 2014, the $150,000,000 amount in
			 subparagraph
				(E)(iii) and subclauses (I) and (II) of clause (iii) shall each be
			 increased by
				an amount equal to—(I)such dollar
				amount, multiplied by(II)the cost of
				living adjustment determined under section 1(f)(3) for the calendar
			 year in
				which the taxable year begins determined by substituting calendar year
				2013 for calendar year 1992 in subparagraph (B)
				thereof.Any increase
				determined under the preceding sentence shall be rounded to the
			 nearest
				$100,000.(G)Capital
				expenditures taken into account for expenditures testAn
				expenditure shall not fail to be taken into account under
			 subparagraph (E)(i)
				merely because such expenditure is chargeable to capital account.(H)Pass-thru
				entityFor purposes of this paragraph, the term pass-thru
				entity means any partnership, S corporation, or other entity identified
				by the Secretary as a pass-thru entity for purposes of this
			 paragraph.(I)Aggregation
				rules(i)In generalAll persons treated as a single employer under subsection
				(a) or (b) of section 52, or subsection (m) or (o) of section 414,
			 shall be
				treated as a single entity for purposes of subparagraphs (E) and
				(F)(iii).(ii)Limitation where entity would not qualifyNo entity shall be treated as a high technology research small business pass-thru
				entity unless such entity qualifies as such both with and without
			 the application of clause (i).(J)Activities not
				engaged in for profit and economic substance rulesSection 183
				and the economic substance rules of section 7701(o) shall not apply
			 to disallow
				the losses, deductions, and credits of a high technology research
			 small
				business pass-thru entity solely as a result of losses incurred by
			 such
				entity..(b)Material
			 participation not requiredParagraph (5) of section 469(c) of
			 such Code, as redesignated by subsection (a), is amended by striking and
			 (3) in the heading and text and inserting , (3), and
			 (4).(c)Certain
			 research-Related deductions and credits of high technology research small
			 business pass-Thru entities allowed for purposes of determining
			 alternative
			 minimum tax(1)Deduction for
			 research and experimental expendituresParagraph (2) of section
			 56(b) of such Code is amended by adding at the end the following new
			 subparagraph:(E)Exception for
				high technology research small business pass-thru entitiesIn the case of a high technology research
				small business pass-thru entity (as defined in section 469(c)(4)),
			 this
				paragraph shall not apply to any amount allowable as a deduction
			 under section
				174(a)..(2)Allowance of
			 certain research-related creditsSubparagraph (B) of section
			 38(c)(4) of such Code is amended by redesignating clauses (ii) through
			 (ix) as
			 clauses (iii) through (x), respectively, and by inserting after clause (i)
			 the
			 following new clause:(ii)the credits determined with respect to an individual taxpayer under sections 41
				and 48D to the extent attributable to a high technology research
			 small business
				pass-thru entity (as defined in section
				469(c)(4)),.(d)Exception to
			 limitation on pass-Thru of research creditSubsection (g) of
			 section 41 of such Code is amended by adding at the end the following:
			 Paragraphs (2) and (4) shall not apply with respect to any high
			 technology research small business pass-thru entity (as defined in section
			 469(c)(4)).(e)Effective
			 dateThe amendments made by this section shall apply to losses and credits arising in taxable
			 years beginning on or after December 31, 2014.4.Enhanced credit
			 for highly innovative research(a)In
			 generalSection 41, as amended by this Act, is amended by adding
			 at the end the following new subsection:(g)Enhanced credit
				for highly innovative research(1)In
				generalIn the case of any certified highly innovative research
				expenses, subsection (a) shall be applied by substituting 35
				percent for 25 percent.(2)Certified
				highly innovative research expensesFor purposes of this
				subsection—(A)In
				generalThe term certified highly innovative research
				expenses means any qualified research expenses that—(i)are paid or
				incurred during the taxable year for the creation of—(I)a qualified new
				product category, or(II)product
				technology that represents a significant improvement over
			 previously existing
				product technology, and(ii)are certified as
				provided in subparagraph (D).(B)Qualified new
				product categoryThe term qualified new product
				category means a category of product that—(i)has not
				previously been produced by the taxpayer, and(ii)incorporates
				functions that are substantially different from other products
			 previously
				produced by the taxpayer.(C)Significant
				improvement over previously existing product technologyProduct
				technology satisfies the requirements of subparagraph (A)(i)(II) if
			 such
				technology is an enhancement of a product that—(i)requires the use
				of new techniques or design methods to achieve such enhancement,
			 and(ii)represents a
				significant advance in terms of the performance, energy
			 consumption,
				environmental benefit, public health impact, cost, or size of the
				product.(D)Certification
				by National Science Foundation or National Institutes of Health(i)In
				generalQualified research expenses shall not be treated as
				certified highly innovative research expenses for any taxable year
			 unless such
				expenses, and the project to which they relate, are certified by—(I)the National
				Science Foundation, or(II)the National
				Institutes of Health,whichever has
				appropriate jurisdiction over the subject matter to which such
			 expenses relate,
				as meeting the requirements of subparagraph (A)(i) (and any
			 regulations or
				guidance issued by the Secretary pursuant to such subparagraph).
			 Such
				certification shall be provided by the National Science Foundation
			 under the
				program established by section 4(b) of the COMPETE Act of 2014, or by the National Institutes of Health under the program
				established by section 4(c) of such Act, whichever is appropriate,
			 and shall be
				attached to the return of tax for such taxable year. In no event
			 shall any
				taxpayer apply for certification to more than one of the entities
			 described in
				this subparagraph with respect to the same expenses.(ii)Advance
				certification(I)In
				generalThe certification of expenses under clause (i) may be
				made and provided to the taxpayer not more than 3 taxable years
			 before the
				first taxable year for which the enhanced credit under this
			 subsection will be
				claimed with respect to such expenses.(II)ReapplicationThe
				National Science Foundation and the National Institutes of Health
			 shall each
				establish and make publicly available a cap on the number of times
			 a taxpayer
				who has been denied certification under clause (i) with respect to
			 any
				qualified research expenses may reapply for certification for such
			 expenses.
				The cap established by each such entity shall permit not fewer than
			 1
				reapplication with respect to any expenses.(iii)Duration of
				certification(I)In
				generalThe certification under clause (i) shall apply to
				expenses relating to the same project (as identified in such
			 certification) for
				not more than 7 consecutive taxable years, beginning with the first
			 taxable
				year for which the enhanced credit under this subsection is claimed
			 with
				respect to such expenses.(II)Supporting
				documentationIn the case of a certification that applies for
				more than 1 taxable year, the Secretary may require the taxpayer to
			 provide
				such documentation as the Secretary deems necessary to demonstrate
			 that the
				expenses to which such certification relates continue to meet the
			 requirements
				of subparagraph
				(A)(i).(iv)Limitation on certifications(I)In generalThe total dollar amount of expenses which are certified by each entity under clause (i) (including
			 by
			 means of advance certification under clause (ii)) as highly innovative
			 research expenses for purposes of credits
			 determined in any taxable year shall not exceed $500,000,000.(II)Adjustment for inflationIn the case of a taxable year beginning after December 31, 2016, the $500,000,000 amount in
			 subclause (I) shall be increased by an amount equal to the product of such
			 dollar amount and the cost-of-living adjustment determined under section
			 1(f)(3) for the calendar year, determined by substituting calendar year 2015 for calendar year 1992 in subparagraph (B) thereof.(III)RoundingIf any amount as adjusted under subclause (II) is not a multiple of $1,000, such amount shall be
			 rounded to the next highest multiple of $1,000..(b)Certification
			 by National Science Foundation as highly innovative research and promotion
			 of
			 enhanced creditThe National Science Foundation Authorization Act
			 of 2002 (Public Law 107–368) is amended by adding at the end the
			 following:27.Certification
				as highly innovative research and promotion of enhanced credit(a)Certification(1)In
				generalThe Director shall
				establish a program that provides certification of research
			 expenses as highly
				innovative research expenses for purposes of the enhanced credit
			 for highly
				innovative research under section 41(g) of the Internal Revenue
			 Code of
				1986.(2)ApplicationA person that desires to have research
				expenses certified as highly innovative research expenses for
			 purposes of the
				enhanced credit for highly innovation research under section 41(g)
			 of the
				Internal Revenue Code of 1986, shall submit to the Director an
			 application
				containing such request at such time, in such manner, and
			 accompanied by such
				information as the Director may require.(3)Review of
				submissionsIn carrying out
				paragraph (1), the Director shall establish a review process that
				involves—(A)a set group of reviewers from various
				fields and backgrounds, and(B)published
				criteria, developed in consultation with the Secretary of the
			 Treasury and the
				Secretary of Commerce, in accordance with the requirements of
			 section
				41(g)(2)(A)(i) of the Internal Revenue Code of 1986 and any
			 regulations or
				guidance issued by the Secretary of the Treasury pursuant to such
				section.(4)Time for
				reviewA certification under this subsection shall be denied or
				approved within 120 days of the submission of the application under
			 paragraph
				(2) (270 days, in the case of an application for advance
			 certification under
				section 41(g)(2)(D)(ii) of the Internal Revenue Code of 1986).(b)Promotion of
				enhanced credit for highly innovative researchThe Director shall
				post on the website of the National Science Foundation information
			 on the
				enhanced credit for highly innovative research under section 41(g)
			 of the
				Internal Revenue Code of 1986, and the process for applying for
			 certification
				of research as highly innovative research.(c)ConfidentialityThe
				Director and each reviewer described in subsection (a)(3)(A) shall
			 keep
				confidential any information provided by a person that desires to
			 have research
				expenses certified as highly innovative research expenses pursuant
			 to this
				section..(c)Certification
			 by National Institutes of Health as highly innovative research and
			 promotion of
			 enhanced creditPart H of title IV of the Public Health Service
			 Act (42 U.S.C. 289 et seq.) is amended by adding at the end the
			 following:498E.Certification
				as highly innovative research and promotion of enhanced credit(a)Certification(1)In
				generalThe Director of NIH
				shall establish a program that provides certification of research
			 expenses as
				highly innovative research expenses for purposes of the enhanced
			 credit for
				highly innovative research under section 41(g) of the Internal
			 Revenue Code of
				1986.(2)ApplicationA person that desires to have research
				expenses certified as highly innovative research expenses for
			 purposes of the
				enhanced credit for highly innovative research under section 41(g)
			 of the
				Internal Revenue Code of 1986, shall submit to the Director of NIH
			 an
				application containing such request at such time, in such manner,
			 and
				accompanied by such information as the Director may require.(3)Review of
				submissionsIn carrying out
				paragraph (1), the Director shall establish a review process that
				involves—(A)a set group of reviewers from various
				fields and backgrounds, and(B)published
				criteria, developed in consultation with the Secretary of the
			 Treasury and the
				Secretary of Commerce, in accordance with the requirements of
			 section
				41(g)(2)(A)(i) of the Internal Revenue Code of 1986 and any
			 regulations or
				guidance issued by the Secretary of the Treasury pursuant to such
				section.(4)Time for
				reviewA certification under this subsection shall be denied or
				approved within 120 days of the submission of the application under
			 paragraph
				(2) (270 days, in the case of an application for advance
			 certification under
				section 41(g)(2)(D)(ii) of the Internal Revenue Code of 1986).(b)Promotion of
				enhanced credit for highly innovative researchThe Director shall
				post on the website of the National Institutes of Health
			 information on the
				enhanced credit for highly innovative research under section 41(g)
			 of the
				Internal Revenue Code of 1986, and the process for applying for
			 certification
				of research as highly innovative research.(c)ConfidentialityThe
				Director of NIH and each reviewer described in subsection (a)(3)(A)
			 shall keep
				confidential any information provided by a person that desires to
			 have research
				expenses certified as highly innovative research expenses pursuant
			 to this
				section..(d)Effective
			 dateThe amendment made by subsection (a) shall apply to expenses
			 paid or incurred in taxable years beginning after December 31, 2015.5.Credit allowed
			 against alternative minimum tax(a)In
			 generalSubparagraph (B) of section 38(c)(4) is amended—(1)by redesignating
			 clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), and (ix) as clauses
			 (iii),
			 (iv), (v), (vi), (vii), (viii), (ix), and (x), respectively, and(2)by inserting
			 after clause (i) the following new clause:(ii)for taxable
				years beginning after December 31, 2013, the credit determined
			 under section
				41,.(b)Special rule
			 for enhanced credit for highly innovative researchParagraph (4)
			 of section 38(c) is amended by adding at the end the following new
			 subparagraph:(C)Special rule
				for enhanced credit for highly innovative researchIn the case of
				any portion of the credit determined under section 41 which is
			 attributable to
				subsection (g) of such section—(i)subparagraph (A)
				shall be applied separately with respect to such portion, and(ii)paragraph (1)
				shall be applied to such portion as if the amount determined under
			 subparagraph
				(B) of such paragraph were
				zero..(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2014.6.Tax-exempt
			 financing of research park facilities(a)In
			 generalSubsection (a) of
			 section 142 is amended—(1)by striking or at the end of
			 paragraph (14),(2)by striking the period at the end of
			 paragraph (15) and inserting , or, and(3)by inserting at the end the following new
			 paragraph:(16)research park
				facilities..(b)DefinitionSection 142 is amended by inserting at the
			 end the following new subsection:(n)Research park
				facilitiesFor purposes of
				subsection (a)(16), the term research park facility means a
				facility (including buildings, land, or other structures) which is
			 used in
				connection with research and experimentation (as defined in section
				168(i)(11)). For purposes of the preceding sentence, such term
			 includes
				facilities which are directly related and ancillary to a research
			 park facility
				(determined without regard to this sentence) if—(1)such facilities are located on the same
				site as the research park facility, and(2)not more than 25 percent of the net
				proceeds of the issue are used to provide such
				facilities..(c)Effective
			 dateThe amendments made by
			 this section shall apply with respect to bonds issued on or after the date
			 of
			 the enactment of this Act.