S. 2199Senate109th Congress (2005-2007)In Committee

PACE-Finance Act

Introduced January 26, 2006

Legislative Activity

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3 earlier actions
SenateIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR S10127)

September 26, 2006

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SenateIntro Referral

Introduced in Senate

January 26, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S212)

January 26, 2006

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S224-225)

January 26, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S10127)

September 26, 2006

Floor Debate

9 members

What members said about S. 2199 on the floor

3 Republicans6 Democrats
Jeff Bingaman
Sen. Jeff BingamanD-NM · Jan 26, 2006

Mr. President, I rise today to introduce the Protecting America's Competitive Edge (PACE) Act that will enable us to build on our existing strengths to help secure America's continued economic…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jan 26, 2006

Mr. President, I rise today to introduce the Protecting America's Competitive Edge (PACE) Act that will enable us to build on our existing strengths to help secure America's continued economic…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Jan 30, 2006

Mr. President, today I rise to speak about a very important issue, the competitiveness of the United States and our future standard of living and whether we are going to develop the brainpower in…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jan 26, 2006

Mr. President, today I join with Senators Domenici, Bingaman, Mikulski, and more than 25 other senators, in introducing the Protecting America's Competitive Edge (PACE) Act--a package of three bills…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jan 26, 2006

Mr. President, today I join with Senators Domenici, Bingaman, Mikulski, and more than 25 other senators, in introducing the Protecting America's Competitive Edge (PACE) Act--a package of three bills…

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Barack Obama
Sen. Barack ObamaD-IL · Jan 26, 2006

Mr. President, in the hours after the terrorist attacks on 9/11, America's air traffic controllers rose to meet the tremendous challenges of that day. After halting all takeoffs, controllers began…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Jan 26, 2006

Mr. President, today I rise to introduce legislation to address yet another serious flaw in the Medicare prescription drug benefit that has come to light. On January 1, the new Medicare prescription…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jan 26, 2006

Mr. President, I'd like to thank my colleagues: Senator Pete Domenici, Senator Jeff Bingaman and Senator Lamar Alexander for their effort in moving this issue. I am so proud of our great bipartisan…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jan 26, 2006

Mr. President, I'd like to thank my colleagues: Senator Pete Domenici, Senator Jeff Bingaman and Senator Lamar Alexander for their effort in moving this issue. I am so proud of our great bipartisan…

Richard G. Lugar
Sen. Richard G. LugarR-IN · Jan 26, 2006

Mr. President, I rise today to offer legislation urging the Administration to develop a United States--Poland Parliamentary Youth Exchange Program. The purpose of this exchange program is to…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jan 26, 2006

Mr. President, I am pleased to introduce the Fair and Independent Judiciary Act of 2006 because ensuring a fair and independent judiciary is critical to the system of checks and balances established…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jan 30, 2006

Mr. President, I thank the Senator from New Mexico. First, there is nothing more important, along with the war on terror, than finding a way to keep our jobs from going to China, India, and other…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Jan 26, 2006

Mr. President, I rise today to introduce a legislative package which we refer to as the ``Protecting America's Competitive Edge Act of 2006'' or the ``PACE'' Act. This legislation ensures that the…

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Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Jan 26, 2006

Mr. President, I rise today to introduce a legislative package which we refer to as the ``Protecting America's Competitive Edge Act of 2006'' or the ``PACE'' Act. This legislation ensures that the…

Harry Reid
Sen. Harry ReidD-NV · Jan 30, 2006

Mr. President, the Presiding Officer knows that I don't always agree with him or he with me, but in response to the Senator from New Mexico about the process here, the Presiding Officer was exemplary…

Bill Text

Latest available legislative text

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Introduced in SenateIssued January 26, 2006

II

109th CONGRESS

2d Session

S. 2199

IN THE SENATE OF THE UNITED STATES

January 26, 2006

Mr. Domenici (for himself, Mr. Bingaman, Mr. Alexander, Ms. Mikulski, Mr. Lugar, Mr. Dodd, Mr. Warner, Mr. Obama, Mr. Bond, Mr. Lieberman, Mr. Burns, Mrs. Murray, Mr. Craig, Mr. Bayh, Mrs. Hutchison, Ms. Cantwell, Mr. DeWine, Mr. Menendez, Mr. Thomas, Mr. Kohl, Mr. Smith, Mr. Kerry, Mr. Voinovich, Mr. Nelson of Florida, Mr. Allen, Mr. Leahy, Mr. Talent, Mr. Akaka, Mr. Chambliss, Mrs. Clinton, Mr. Cornyn, Ms. Stabenow, Mr. Coleman, Mr. Dayton, Mr. Martinez, Mr. Salazar, Mr. Inouye, Mr. Stevens, Mr. Biden, Mr. Cochran, Mr. Hagel, Ms. Murkowski, Mr. Pryor, Ms. Collins, Mr. Vitter, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to provide tax incentives to promote research and development, innovation, and continuing education.

1.

Short title

This Act may be cited as the Protecting America's Competitive Edge Through Tax Incentives Act of 2006 or the PACE–Finance Act.

2.

Expansion of credit for research and development

(a)

Credit made permanent

(1)

In general

Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h).

(2)

Conforming amendment

Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D).

(3)

Effective date

The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

(b)

Credit rate doubled

Paragraphs (1) and (2) of section 41(a) of the Internal Revenue Code of 1986 are each amended by striking 20 percent and inserting 40 percent.

(c)

New regulations and guidelines authorized

The Secretary of the Treasury shall issue such regulations or guidelines as are necessary—

(1)

to provide uniform conduct of tax audits relating to the credit under section 41 of the Internal Revenue Code of 1986, and

(2)

to reflect the changing impact of technology on the character of research and development, such as use of databases provided by external parties and the conduct of research and development through joint ventures.

(d)

Expansion of credit to expenses of general collaborative research consortia

Section 41 of the Internal Revenue Code of 1986 is amended—

(1)

by striking an energy research consortium in subsections (a)(3) and (b)(3)(C)(i) and inserting a research consortium,

(2)

by striking energy each place it appears in subsection (f)(6)(A),

(3)

by inserting or 501(c)(6) after section 501(c)(3) in subsection (f)(6)(A)(i)(I), and

(4)

by striking Energy research in the heading for subsection (f)(6)(A) and inserting Research.

(e)

Study of further expansion of credit

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall study and make recommendations in a report to the President, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives on the following possible methods of expanding the scope of the credit under section 41 of the Internal Revenue Code of 1986:

(1)

Modification of the credit to remove the incremental approach of measuring creditable research and development expenditures for taxpayers with significant and consistent annual research and development expenditures.

(2)

Expansion of qualifying research and development expenditures to include—

(A)

certain employee benefit costs related to qualifying wages,

(B)

100 percent of contract research costs,

(C)

all expenditures which would qualify for treatment under section 174 of such Code,

(D)

any other costs determined appropriate by the Secretary.

(3)

Reduction or elimination of limitation of credit under section 280C(c) of such Code.

(f)

Effective date

Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2005.

3.

United States-based innovation incentives study

(a)

Study

The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall conduct an analysis of the United States tax system and its effect on this country as a location for innovation investment and related activities. The analysis shall include a comparison of the tax policies of other nations relating to long-term innovation investment and an examination of various features of the United States tax system, including—

(1)

the treatment of capital gains, including the appropriate rate for very long-term investments or the appropriate allowance for loss write-offs,

(2)

the overall corporate tax rate, and

(3)

incentives for high-tech manufacturing and research equipment through tax credits and accelerated depreciation.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall report on the study and analysis described in subsection (a) to the President, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives.

4.

Employee continuing education tax credit

(a)

In general

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section:

45N.

Employee continuing education credit

(a)

Amount of credit

(1)

In general

For purposes of section 38, the employee continuing education credit determined under this section with respect to any employer for any taxable year is the applicable percentage of qualified continuing education costs paid or incurred by the employer during the calendar year ending with or within such taxable year.

(2)

Applicable percentage

For purposes of this section, the applicable percentage is the percentage determined by the Secretary such that the amount of the credit allowable under this section for any calendar year does not exceed $500,000,000.

(b)

Qualified continuing education costs

For purposes of this section, the term qualified continuing education costs means costs paid or incurred by an employer for education to maintain or improve knowledge or skills in science or engineering of an employee whose employment requires knowledge or skills in science or engineering.

(c)

Regulations

The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations establishing standards for educational courses and programs to which this section applies.

.

(b)

Credit made part of general business credit

Section 38(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting , and, and by adding at the end the following new paragraph:

(27)

the employee continuing education credit determined under section 45N(a).

.

(c)

Denial of double benefit

Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(e)

Employee continuing education credit

No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined under section 45N(a).

.

(d)

Clerical Amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Sec. 45N. Employee continuing education credit.

.

(e)

Effective Date

The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2005.