Library / Laws / 113th / hr / H.R. 5829 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5829
IN THE HOUSE OF REPRESENTATIVES
December 10, 2014
Mr. Lipinski introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to provide an exception for certain public-private
research arrangements from the business use test for purposes of
determining private activity bonds.
1.
Exception to business use test for certain public-private research arrangements
(a)
In general
Section 141(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following
new paragraph:
(10)
Exception for certain research arrangements
(A)
In general
Paragraph (1) shall not apply to an issue if the proceeds of such issue are to be used under an
arrangement relating to basic research at a facility—
(i) owned by a governmental unit or a 501(c)(3) organization, and
(ii) the governmental unit or a 501(c)(3) organization enters into a bona fide, arm’s-length contractual
arrangement with a person other than a governmental unit or a 501(c)(3)
organization regarding the terms for sharing the economic benefits of any
products resulting from basic research, including arrangements in which
those economic terms (such as exclusive or non-exclusive licenses of
intellectual property and licensing fees or royalty rates) are determined
in advance at the time the parties enter into the contractual arrangement.
(B)
Basic research
For purposes of subparagraph (A), the term basic research means any original investigation for the advancement of scientific knowledge not having a specific
commercial objective.
.
(b)
Effective date
The amendment made by subsection (a) shall apply to research agreements entered into after the date
of the enactment of this Act.