[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 614 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 614

 To establish the Commission on American Discoveries and American Jobs 
to study and recommend improvements to the Federal funding of research.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2013

  Mr. Fattah introduced the following bill; which was referred to the 
              Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
 To establish the Commission on American Discoveries and American Jobs 
to study and recommend improvements to the Federal funding of research.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Discoveries and American 
Jobs Commission Act of 2013''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on American Discoveries and American Jobs'' (in this Act referred to as 
the ``Commission'').

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Federal Government is estimated to have spent 
        $147,400,000,000 in fiscal year 2010 on research and 
        development (not including funds allocated under the American 
        Recovery and Reinvestment Act (Public Law 111-5)) to meet the 
        mission requirements of the Federal departments and agencies.
            (2) Federal Government research and development has led to 
        new products and processes for the commercial marketplace, 
        including antibiotics, plastics, airplanes, computers, 
        microwaves, and bioengineered drugs.
            (3) There are many other technologies and techniques 
        generated in the Federal laboratory system that could have 
        market value if further developed by the industrial community, 
        and the knowledge base created by the research and development 
        activities of such system can serve as a foundation for 
        additional commercially relevant efforts in the private sector.
            (4) Technological progress is responsible for up to half 
        the growth of the United States economy and is the principal 
        driving force behind long-term economic growth and increases in 
        our standard of living.
            (5) It is only through commercialization, a function of the 
        business sector, that a significant stimulus to economic growth 
        occurs. Thus, there is congressional interest in accelerating 
        development and commercialization activities in the private 
        sector through legislation.
            (6) Royalties derived from intellectual property rights 
        provide the academic community a way to support further 
        research and the business sector a means to obtain a return on 
        their financial contributions to such research.

SEC. 4. DUTIES OF COMMISSION.

    (a) Study.--The Commission shall conduct a study to examine--
            (1) the state of technology transfer from federally funded 
        research to the private sector;
            (2) the possibilities for the Federal Government to collect 
        royalties from early research that leads to the 
        commercialization of a profitable product or technology;
            (3) the potential adverse consequences of such royalties on 
        technology transfer, commercialization, and economic growth; 
        and
            (4) the potential benefits of reinvesting revenues from 
        Federal royalties into science, technology, engineering, and 
        math education, and seeding future federally funded research;
    (b) Report.--Not later than one year after the first meeting of the 
Commission, the Commission shall submit to Congress a written report of 
the results of the study conducted under subsection (a) and 
recommendations of regulatory and statutory changes that would enable 
the Federal Government to--
            (1) claim royalties from the investment of the Federal 
        Government in early research;
            (2) reinvest such royalties in science, technology, 
        engineering, and math education and future Federal research;
            (3) ensure products resulting from Federal research are 
        manufactured in the United States; and
            (4) affix a symbol, marker, or insignia on commercialized 
        products to show that they had originated from federally 
        supported research.

SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--The Commission may, without regard to section 5311(b) 
of title 5, United States Code, appoint and fix the compensation of 
such personnel as the Commission considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that the compensation of any 
employee of the Commission may not exceed a rate equal to the annual 
rate of basic pay payable for GS-15 of the General Schedule under 
section 5332 of title 5, United States Code.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants under section 
3109(b) of title 5, United States Code, but at rates for individuals 
not to exceed the daily equivalent of the maximum annual rate of basic 
pay under section 5332 of such title.

SEC. 6. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Appointment.--The Commission shall be composed of nine 
        members appointed, not later than 90 days after the date of 
        enactment of this Act, as follows:
                    (A) Three members shall be appointed by the 
                President.
                    (B) Two members shall be appointed by the Speaker 
                of the House of Representatives.
                    (C) One member shall be appointed by the minority 
                leader of the House of Representatives.
                    (D) Two members shall be appointed by the President 
                pro tempore of the Senate.
                    (E) One member shall be appointed by the minority 
                leader of the Senate.
            (2) Qualifications.--All members of the Commission shall be 
        persons who are especially qualified to serve on the Commission 
        by virtue of their education, training, or experience, 
        particularly in the fields of scientific research and 
        commercialization.
    (b) Terms.--Each member shall be appointed for the life of the 
Commission.
    (c) Vacancies.--A vacancy in the Commission shall not affect the 
powers of the Commission and shall be filled in the same manner in 
which the original appointment was made.
    (d) Compensation.--Members of the Commission shall be awarded 
compensation as follows:
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members shall each be paid at a rate equal to the daily 
        equivalent of the annual rate of basic pay for grade GS-15 of 
        the General Schedule for each day (including travel time) 
        during which they are engaged in the actual performance of 
        duties vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States or Members of Congress may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
            (3) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
    (e) Quorum.--Four members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
    (f) Chair; Vice Chair.--The Commission shall elect a Chair and Vice 
Chair from among its members. The term of office of the Chair and Vice 
Chair shall be for the life of the Commission.
    (g) Meetings.--The Commission shall meet at the call of the 
President not later than 120 days after the date of the enactment of 
this Act or not later than 30 days after the date on which legislation 
is enacted making appropriations available to carry out this Act, 
whichever date is later.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence relating to any matter under 
investigation by the Commission. The Commission may refer requests for 
testimony or evidence that are not fulfilled to the Committee on 
Oversight and Government Reform of the House of Representatives or the 
Committee on Homeland Security and Governmental Affairs of the Senate.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the Chair 
or Vice Chair of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (d) Administrative Support Services.--The Commission may enter into 
agreements with the Administrator of General Services for procurement 
of financial and administrative services necessary for the discharge of 
the duties of the Commission. Payment for such services shall be made 
by reimbursement from funds of the Commission in such amounts as may be 
agreed upon by the Chair of the Commission and the Administrator.
    (e) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may contract with and 
compensate government and private agencies or persons for supplies, 
services, and property.

SEC. 8. TERMINATION.

    The Commission shall terminate on the date that is 90 days after 
the date on which the Commission submits the report required under 
section 4(b).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $2,500,000 to carry out this 
Act.
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