124 STAT. 878 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(B) to diagnose diseases or conditions or to determine molecular factors related to diseases or conditions by devel- oping molecular diagnostics to guide therapeutic decisions, or ‘‘(C) to develop a product, process, or technology to further the delivery or administration of therapeutics. ‘‘(2) ELIGIBLE TAXPAYER.— ‘‘(A) IN GENERAL.—The term ‘eligible taxpayer’ means a taxpayer which employs not more than 250 employees in all businesses of the taxpayer at the time of the submis- sion of the application under subsection (d)(2). ‘‘(B) AGGREGATION RULES.—A ll persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be so treated for purposes of this paragraph. ‘‘(3) FACILITY MAINTENANCE EXPENSES.—The term ‘facility maintenance expenses’ means costs paid or incurred to main- tain a facility, including— ‘‘(A) mortgage or rent payments, ‘‘(B) insurance payments, ‘‘(C) utility and maintenance costs, and ‘‘(D) costs of employment of maintenance personnel. ‘‘(d) QUALIFYING THERAPEUTIC DISCOVERY PROJECT PROGRAM.— ‘‘(1) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Serv- ices, shall establish a qualifying therapeutic discovery project program to consider and award certifications for qualified investments eligible for credits under this section to qualifying therapeutic discovery project sponsors. ‘‘(B) LIMITATION.—The total amount of credits that may be allocated under the program shall not exceed $1,000,000,000 for the 2-year period beginning with 2009. ‘‘(2) CERTIFICATION.— ‘‘(A) APPLICATION PERIOD.—Each applicant for certifi- cation under this paragraph shall submit an application containing such information as the Secretary may require during the period beginning on the date the Secretary establishes the program under paragraph (1). ‘‘(B) TIME FOR REVIEW OF APPLICATIONS.—The Sec- retary shall take action to approve or deny any application under subparagraph (A) within 30 days of the submission of such application. ‘‘(C) MULTI-YEAR APPLICATIONS.—An application for certification under subparagraph (A) may include a request for an allocation of credits for more than 1 of the years described in paragraph (1)(B). ‘‘(3) SELECTION CRITERIA.—In determining the qualifying therapeutic discovery projects with respect to which qualified investments may be certified under this section, the Secretary— ‘‘(A) shall take into consideration only those projects that show reasonable potential— ‘‘(i) to result in new therapies— ‘‘(I) to treat areas of unmet medical need, or ‘‘(II) to prevent, detect, or treat chronic or acute diseases and conditions, Deadline.
