I 

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. 

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 2013’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a commission to be known as the 

8 ‘‘Commission on American Discoveries and American 

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


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1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

3 (1) The Federal Government is estimated to 

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

5 research and development (not including funds allo6 cated under the American Recovery and Reinvest7 ment Act (Public Law 111–5)) to meet the mission 

8 requirements of the Federal departments and agen9 cies. 

10 (2) Federal Government research and develop11 ment has led to new products and processes for the 

12 commercial marketplace, including antibiotics, plas13 tics, airplanes, computers, microwaves, and bioengi14 neered drugs. 

15 (3) There are many other technologies and 

16 techniques generated in the Federal laboratory sys17 tem that could have market value if further devel18 oped by the industrial community, and the knowl19 edge base created by the research and development 

20 activities of such system can serve as a foundation 

21 for additional commercially relevant efforts in the 

22 private sector. 

23 (4) Technological progress is responsible for up 

24 to half the growth of the United States economy and 

25 is the principal driving force behind long-term ecoVerDate Mar 15 2010 02:12 Feb 20, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H614.IH H614

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1 nomic growth and increases in our standard of liv2 ing. 

3 (5) It is only through commercialization, a 

4 function of the business sector, that a significant 

5 stimulus to economic growth occurs. Thus, there is 

6 congressional interest in accelerating development 

7 and commercialization activities in the private sector 

8 through legislation. 

9 (6) Royalties derived from intellectual property 

10 rights provide the academic community a way to 

11 support further research and the business sector a 

12 means to obtain a return on their financial contribu13 tions to such research. 

14 SEC. 4. DUTIES OF COMMISSION. 

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

16 to examine— 

17 (1) the state of technology transfer from feder18 ally funded research to the private sector; 

19 (2) the possibilities for the Federal Government 

20 to collect royalties from early research that leads to 

21 the commercialization of a profitable product or 

22 technology; 

23 (3) the potential adverse consequences of such 

24 royalties on technology transfer, commercialization, 

25 and economic growth; and 


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1 (4) the potential benefits of reinvesting reve2 nues from Federal royalties into science, technology, 

3 engineering, and math education, and seeding future 

4 federally funded research; 

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

6 meeting of the Commission, the Commission shall submit 

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

8 conducted under subsection (a) and recommendations of 

9 regulatory and statutory changes that would enable the 

10 Federal Government to— 

11 (1) claim royalties from the investment of the 

12 Federal Government in early research; 

13 (2) reinvest such royalties in science, tech14 nology, engineering, and math education and future 

15 Federal research; 

16 (3) ensure products resulting from Federal re17 search are manufactured in the United States; and 

18 (4) affix a symbol, marker, or insignia on com19 mercialized products to show that they had origi20 nated from federally supported research. 

21 SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULT22 ANTS. 

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

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


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1 fix the compensation of such personnel as the Commission 

2 considers appropriate. 

3 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

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

6 Code, governing appointments in the competitive service, 

7 and without regard to the provisions of chapter 51 and 

8 subchapter III of chapter 53 of such title relating to classi9 fication and General Schedule pay rates, except that the 

10 compensation of any employee of the Commission may not 

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

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

13 of title 5, United States Code. 

14 (c) EXPERTS AND CONSULTANTS.—The Commission 

15 may procure temporary and intermittent services of ex16 perts and consultants under section 3109(b) of title 5, 

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

18 exceed the daily equivalent of the maximum annual rate 

19 of basic pay under section 5332 of such title. 

20 SEC. 6. MEMBERSHIP. 

21 (a) NUMBER AND APPOINTMENT.— 

22 (1) APPOINTMENT.—The Commission shall be 

23 composed of nine members appointed, not later than 

24 90 days after the date of enactment of this Act, as 

25 follows: 


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1 (A) Three members shall be appointed by 

2 the President. 

3 (B) Two members shall be appointed by 

4 the Speaker of the House of Representatives. 

5 (C) One member shall be appointed by the 

6 minority leader of the House of Representa7 tives. 

8 (D) Two members shall be appointed by 

9 the President pro tempore of the Senate. 

10 (E) One member shall be appointed by the 

11 minority leader of the Senate. 

12 (2) QUALIFICATIONS.—All members of the 

13 Commission shall be persons who are especially 

14 qualified to serve on the Commission by virtue of 

15 their education, training, or experience, particularly 

16 in the fields of scientific research and commercializa17 tion. 

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

19 life of the Commission. 

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

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

22 in the same manner in which the original appointment was 

23 made. 

24 (d) COMPENSATION.—Members of the Commission 

25 shall be awarded compensation as follows: 


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

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

3 equal to the daily equivalent of the annual rate of 

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

5 for each day (including travel time) during which 

6 they are engaged in the actual performance of duties 

7 vested in the Commission. 

8 (2) PROHIBITION OF COMPENSATION OF FED9 ERAL EMPLOYEES.—Members of the Commission 

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

11 States or Members of Congress may not receive ad12 ditional pay, allowances, or benefits by reason of 

13 their service on the Commission. 

14 (3) TRAVEL EXPENSES.—Each member shall 

15 receive travel expenses, including per diem in lieu of 

16 subsistence, in accordance with applicable provisions 

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

18 States Code. 

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

20 shall constitute a quorum but a lesser number may hold 

21 hearings. 

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

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

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

25 the life of the Commission. 


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

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

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

4 days after the date on which legislation is enacted making 

5 appropriations available to carry out this Act, whichever 

6 date is later. 

7 SEC. 7. POWERS OF COMMISSION. 

8 (a) HEARINGS AND SESSIONS.—The Commission 

9 may, for the purpose of carrying out this Act, hold hear10 ings, sit and act at times and places, take testimony, and 

11 receive evidence relating to any matter under investigation 

12 by the Commission. The Commission may refer requests 

13 for testimony or evidence that are not fulfilled to the Com14 mittee on Oversight and Government Reform of the House 

15 of Representatives or the Committee on Homeland Secu16 rity and Governmental Affairs of the Senate. 

17 (b) POWERS OF MEMBERS AND AGENTS.—Any mem18 ber or agent of the Commission may, if authorized by the 

19 Commission, take any action which the Commission is au20 thorized to take by this section. 

21 (c) OBTAINING OFFICIAL DATA.—The Commission 

22 may secure directly from any department or agency of the 

23 United States information necessary to enable it to carry 

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


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1 the Commission, the head of that department or agency 

2 shall furnish that information to the Commission. 

3 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

4 Commission may enter into agreements with the Adminis5 trator of General Services for procurement of financial 

6 and administrative services necessary for the discharge of 

7 the duties of the Commission. Payment for such services 

8 shall be made by reimbursement from funds of the Com9 mission in such amounts as may be agreed upon by the 

10 Chair of the Commission and the Administrator. 

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

12 amounts provided in advance in appropriation Acts, the 

13 Commission may contract with and compensate govern14 ment and private agencies or persons for supplies, serv15 ices, and property. 

16 SEC. 8. TERMINATION. 

17 The Commission shall terminate on the date that is 

18 90 days after the date on which the Commission submits 

19 the report required under section 4(b). 

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

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

22 carry out this Act. 

Æ 


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