I 

112TH CONGRESS 

1ST SESSION H. R. 2015 

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 

MAY 26, 2011 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Discoveries 

5 and American Jobs Commission Act of 2011’’ or the 

6 ‘‘Herb Vederman Commission on American Discoveries 

7 and American Jobs Act of 2011’’. 


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1 SEC. 2. ESTABLISHMENT. 

2 There is established a commission to be known as the 

3 ‘‘Commission on American Discoveries and American 

4 Jobs’’ (in this Act referred to as the ‘‘Commission’’). 

5 SEC. 3. FINDINGS. 

6 Congress finds the following: 

7 (1) The Federal Government is estimated to 

8 have spent $147,400,000,000 in fiscal year 2010 on 

9 research and development (not including funds allo10 cated under the American Recovery and Reinvest11 ment Act (Public Law 111–5)) to meet the mission 

12 requirements of the Federal departments and agen13 cies. 

14 (2) Federal Government research and develop15 ment has led to new products and processes for the 

16 commercial marketplace, including antibiotics, plas17 tics, airplanes, computers, microwaves, and bioengi18 neered drugs. 

19 (3) There are many other technologies and 

20 techniques generated in the Federal laboratory sys21 tem that could have market value if further devel22 oped by the industrial community, and the knowl23 edge base created by the research and development 

24 activities of such system can serve as a foundation 

25 for additional commercially relevant efforts in the 

26 private sector. 


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1 (4) Technological progress is responsible for up 

2 to half the growth of the United States economy and 

3 is the principal driving force behind long-term eco4 nomic growth and increases in our standard of liv5 ing. 

6 (5) It is only through commercialization, a 

7 function of the business sector, that a significant 

8 stimulus to economic growth occurs. Thus, there is 

9 congressional interest in accelerating development 

10 and commercialization activities in the private sector 

11 through legislation. 

12 (6) Royalties derived from intellectual property 

13 rights provide the academic community a way to 

14 support further research and the business sector a 

15 means to obtain a return on their financial contribu16 tions to such research. 

17 SEC. 4. DUTIES OF COMMISSION. 

18 (a) STUDY.—The Commission shall conduct a study 

19 to examine— 

20 (1) the state of technology transfer from feder21 ally funded research to the private sector; 

22 (2) the possibilities for the Federal Government 

23 to collect royalties from early research that leads to 

24 the commercialization of a profitable product or 

25 technology; 


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1 (3) the potential adverse consequences of such 

2 royalties on technology transfer, commercialization, 

3 and economic growth; and 

4 (4) the potential benefits of reinvesting reve5 nues from Federal royalties into science, technology, 

6 engineering, and math education, and seeding future 

7 federally funded research; 

8 (b) REPORT.—Not later than one year after the first 

9 meeting of the Commission, the Commission shall submit 

10 to Congress a written report of the results of the study 

11 conducted under subsection (a) and recommendations of 

12 regulatory and statutory changes that would enable the 

13 Federal Government to— 

14 (1) claim royalties from the investment of the 

15 Federal Government in early research; 

16 (2) reinvest such royalties in science, tech17 nology, engineering, and math education and future 

18 Federal research; 

19 (3) ensure products resulting from Federal re20 search are manufactured in the United States; and 

21 (4) affix a symbol, marker, or insignia on com22 mercialized products to show that they had origi23 nated from federally supported research. 


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1 SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULT2 ANTS. 

3 (a) STAFF.—The Commission may, without regard to 

4 section 5311(b) of title 5, United States Code, appoint and 

5 fix the compensation of such personnel as the Commission 

6 considers appropriate. 

7 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

8 LAWS.—The staff of the Commission may be appointed 

9 without regard to the provisions of title 5, United States 

10 Code, governing appointments in the competitive service, 

11 and without regard to the provisions of chapter 51 and 

12 subchapter III of chapter 53 of such title relating to classi13 fication and General Schedule pay rates, except that the 

14 compensation of any employee of the Commission may not 

15 exceed a rate equal to the annual rate of basic pay payable 

16 for GS–15 of the General Schedule under section 5332 

17 of title 5, United States Code. 

18 (c) EXPERTS AND CONSULTANTS.—The Commission 

19 may procure temporary and intermittent services of ex20 perts and consultants under section 3109(b) of title 5, 

21 United States Code, but at rates for individuals not to 

22 exceed the daily equivalent of the maximum annual rate 

23 of basic pay under section 5332 of such title. 

24 SEC. 6. MEMBERSHIP. 

25 (a) NUMBER AND APPOINTMENT.— 


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1 (1) APPOINTMENT.—The Commission shall be 

2 composed of nine members appointed, not later than 

3 90 days after the date of enactment of this Act, as 

4 follows: 

5 (A) Three members shall be appointed by 

6 the President. 

7 (B) Two members shall be appointed by 

8 the Speaker of the House of Representatives. 

9 (C) One member shall be appointed by the 

10 minority leader of the House of Representa11 tives. 

12 (D) Two members shall be appointed by 

13 the President pro tempore of the Senate. 

14 (E) One member shall be appointed by the 

15 minority leader of the Senate. 

16 (2) QUALIFICATIONS.—All members of the 

17 Commission shall be persons who are especially 

18 qualified to serve on the Commission by virtue of 

19 their education, training, or experience, particularly 

20 in the fields of scientific research and commercializa21 tion. 

22 (b) TERMS.—Each member shall be appointed for the 

23 life of the Commission. 

24 (c) VACANCIES.—A vacancy in the Commission shall 

25 not affect the powers of the Commission and shall be filled 


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1 in the same manner in which the original appointment was 

2 made. 

3 (d) COMPENSATION.—Members of the Commission 

4 shall be awarded compensation as follows: 

5 (1) RATES OF PAY.—Except as provided in 

6 paragraph (2), members shall each be paid at a rate 

7 equal to the daily equivalent of the annual rate of 

8 basic pay for grade GS–15 of the General Schedule 

9 for each day (including travel time) during which 

10 they are engaged in the actual performance of duties 

11 vested in the Commission. 

12 (2) PROHIBITION OF COMPENSATION OF FED13 ERAL EMPLOYEES.—Members of the Commission 

14 who are full-time officers or employees of the United 

15 States or Members of Congress may not receive ad16 ditional pay, allowances, or benefits by reason of 

17 their service on the Commission. 

18 (3) TRAVEL EXPENSES.—Each member shall 

19 receive travel expenses, including per diem in lieu of 

20 subsistence, in accordance with applicable provisions 

21 under subchapter I of chapter 57 of title 5, United 

22 States Code. 

23 (e) QUORUM.—Four members of the Commission 

24 shall constitute a quorum but a lesser number may hold 

25 hearings. 


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1 (f) CHAIR; VICE CHAIR.—The Commission shall elect 

2 a Chair and Vice Chair from among its members. The 

3 term of office of the Chair and Vice Chair shall be for 

4 the life of the Commission. 

5 (g) MEETINGS.—The Commission shall meet at the 

6 call of the President not later than 120 days after the 

7 date of the enactment of this Act or not later than 30 

8 days after the date on which legislation is enacted making 

9 appropriations available to carry out this Act, whichever 

10 date is later. 

11 SEC. 7. POWERS OF COMMISSION. 

12 (a) HEARINGS AND SESSIONS.—The Commission 

13 may, for the purpose of carrying out this Act, hold hear14 ings, sit and act at times and places, take testimony, and 

15 receive evidence relating to any matter under investigation 

16 by the Commission. The Commission may refer requests 

17 for testimony or evidence that are not fulfilled to the Com18 mittee on Oversight and Government Reform of the House 

19 of Representatives or the Committee on Homeland Secu20 rity and Governmental Affairs of the Senate. 

21 (b) POWERS OF MEMBERS AND AGENTS.—Any mem22 ber or agent of the Commission may, if authorized by the 

23 Commission, take any action which the Commission is au24 thorized to take by this section. 


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1 (c) OBTAINING OFFICIAL DATA.—The Commission 

2 may secure directly from any department or agency of the 

3 United States information necessary to enable it to carry 

4 out this Act. Upon request of the Chair or Vice Chair of 

5 the Commission, the head of that department or agency 

6 shall furnish that information to the Commission. 

7 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

8 Commission may enter into agreements with the Adminis9 trator of General Services for procurement of financial 

10 and administrative services necessary for the discharge of 

11 the duties of the Commission. Payment for such services 

12 shall be made by reimbursement from funds of the Com13 mission in such amounts as may be agreed upon by the 

14 Chair of the Commission and the Administrator. 

15 (e) CONTRACT AUTHORITY.—To the extent or in the 

16 amounts provided in advance in appropriation Acts, the 

17 Commission may contract with and compensate govern18 ment and private agencies or persons for supplies, serv19 ices, and property. 

20 SEC. 8. TERMINATION. 

21 The Commission shall terminate on the date that is 

22 90 days after the date on which the Commission submits 

23 the report required under section 4(b). 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated $2,500,000 to 

3 carry out this Act. 

Æ 


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