[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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