I

103D CONGRESS

1ST SESSION H. R. 2040

To establish a commission on the commercial application of certain defenserelated facilities, equipment, processes, and technologies.

IN THE HOUSE OF REPRESENTATIVES

MAY 6, 1993

Mr. SKEEN introduced the following bill; which was referred to the Committee

on Armed Services

A BILL

To establish a commission on the commercial application

of certain defense-related facilities, equipment, processes,

and technologies.

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 ‘‘Commission on the

5 Dual-Use Application of Facilities and Resources at White

6 Sands Missile Range Act’’.

7 SEC. 2. FINDINGS.

8 Congress makes the following findings:

9 (1) The end of the Cold War, the fall of com10 munist governments, and the spread of democratic
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1 principles and governments across the world will

2 permit the Federal Government to continue the

3 thoughtful reduction in the amount spent by the

4 United States for national defense.

5 (2) The reallocation of amounts that would oth6 erwise be spent for that purpose offers an oppor7 tunity for the Federal Government to expand the

8 utilization of defense-related equipment, processes,

9 and technologies by the private sector, thereby pro10 moting growth and job creation in the United States

11 economy.

12 (3) The Department of Defense has spent bil13 lions of dollars on the research, development, test,

14 and evaluation of a variety of such equipment, proc15 esses, and technologies, including the facilities,

16 equipment, processes, and technologies utilized at

17 White Sands Missile Range, New Mexico.

18 (4) The Department of Defense has not ade19 quately studied or provided guidance for the manner

20 in which defense-related facilities, equipment, proc21 esses, and technologies may be utilized effectively by

22 the private sector.

23 (5) A study of the facilities and resources of

24 White Sands Missile Range provides an excellent op25 portunity to examine the defense-related facilities,
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1 equipment, processes, and technologies of the De2 partment of Defense and their utilization by sci3 entific personnel engaged in a variety of research,

4 development, test, and evaluation programs.

5 (6) The establishment of a commission for the

6 study of such facilities, equipment, processes, and

7 technologies will provide timely, relevant information

8 on potential dual-use applications of such facilities,

9 equipment, processes, and technologies by the pri10 vate sector.

11 SEC. 3. ESTABLISHMENT OF COMMISSION.

12 (a) ESTABLISHMENT.—There is established a com13 mission to be known as the Commission on the Dual-Use

14 Application of Facilities and Resources at White Sands

15 Missile Range (hereafter in this Act referred to as the

16 ‘‘Commission’’).

17 (b) MEMBERSHIP.—The Commission shall be com18 posed of 10 members appointed by the Secretary of De19 fense, of whom—

20 (1) not less than one shall be a senior official

21 or employee of the Department of Energy national

22 laboratories who is familiar with the experiences of

23 the Department of Energy with cooperative research

24 and development agreements and dual-use tech25 nologies;
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1 (2) not less than one shall be a chief executive

2 officer of a corporation that has worked with the

3 Department of Defense or the Department of En4 ergy on cooperative research and development agree5 ments or have significant experience in the research,

6 development, test, and evaluation of high technology;

7 (3) not less than one shall be a senior official

8 or employee of a department or agency of the Fed9 eral Government who is an expert in the commercial

10 utilization or application of high technology by the

11 private sector; and

12 (4) the remainder, if any, shall be such persons

13 as the Secretary determines appropriate.

14 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem15 bers shall be appointed for the life of the Commission. Any

16 vacancy in the Commission shall not affect its powers, but

17 shall be filled in the same manner as the original appoint18 ment.

19 (d) QUORUM.—Six members of the Commission shall

20 constitute a quorum, but a lesser number may hold hear21 ings.

22 (e) CHAIRMAN.—The Commission shall select a

23 Chairman from among its members.
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1 (f) MEETINGS.—(1) Not later than 30 days after the

2 date on which all members of the Commission have been

3 appointed, the Commission shall hold its first meeting.

4 (2) The Commission shall meet at the call of the

5 Chairman.

6 (g) TERMINATION.—The Commission shall terminate

7 1 year after the date on which all members of the Commis8 sion have been appointed.

9 SEC. 4. DUTIES OF THE COMMISSION.

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

11 of the manner in which the defense-related equipment, fa12 cilities, processes, and technologies at White Sands Missile

13 Range, New Mexico, may be utilized by the private sector.

14 (b) REPORT.—Not later than 1 year after the date

15 on which all members of the Commission have been ap16 pointed, the Commission shall submit to the Committees

17 on Armed Services and the Committees on Appropriations

18 of the Senate and House of Representatives a report on

19 the results of the study conducted under subsection (a)

20 which shall contain a detailed statement of the findings

21 and conclusions of the Commission, together with its rec22 ommendations for such legislation and administrative ac23 tions as the Commission considers appropriate.
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1 SEC. 5. POWERS OF THE COMMISSION.

2 (a) HEARINGS.—For the purpose of carrying out this

3 Act, the Commission may hold such hearings, sit and act

4 at such times and places, take such testimony, and receive

5 such evidence, as the Commission considers appropriate.

6 The Commission may administer oaths of affirmations to

7 witnesses appearing before the Commission.

8 (b) INFORMATION FROM FEDERAL AGENCIES.—The

9 Commission may secure directly from any Federal depart10 ment or agency such information as the Commission con11 siders necessary to carry out the provisions of this Act.

12 Upon the request of a member of the Commission, the

13 head of such department or agency shall furnish such in14 formation to the Commission.

15 (c) DELEGATION OF POWERS.— Any member of the

16 Commission may, if authorized by the Commission, take

17 any action which the Commission is authorized to take by

18 this Act.

19 (d) POSTAL SERVICE.—The Commission may use the

20 United States mails in the same manner and under the

21 same conditions as other departments and agencies of the

22 United States.

23 SEC. 6. COMMISSION PERSONNEL MATTERS.

24 (a) COMPENSATION.—(1) Each member of the Com25 mission who is not an officer or employee of the United

26 States shall be compensated at a rate established by the
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1 Commission not to exceed the daily equivalent of the an2 nual basic pay prescribed for level IV of the Executive

3 Schedule under section 5315 of title 5, United States

4 Code, for each day (including travel time) during which

5 such member is engaged in the actual performance of du6 ties as a member of the Commission. Each member of the

7 Commission who is an officer or employee of the United

8 States shall receive no additional compensation for service

9 on the Commission.

10 (2) While away from their homes or regular places

11 of business in the performance of their duties for the Com12 mission, the members of the Commission shall be allowed

13 travel expenses, including per diem in lieu of subsistence,

14 at a rate established by the Commission not to exceed

15 rates authorized for employees of agencies under sub16 chapter I of chapter 57 of title 5, United States Code.

17 (b) ADMINISTRATIVE PROVISIONS.—(1) The Com18 mission shall appoint an executive director who shall be

19 compensated at a rate established by the Commission not

20 to exceed the rate of basic pay prescribed for level V of

21 the Executive Schedule under section 5316 of title 5,

22 United States Code.

23 (2) With the approval of the Commission, the execu24 tive director may appoint and fix the compensation of such
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1 additional personnel as the executive director considers

2 necessary to carry out the duties of the Commission.

3 (3) Service of an individual as a member of the Com4 mission, or employment of the individual by the Commis5 sion as an expert in any business or professional field, on

6 a part-time or full-time basis, with or without compensa7 tion, shall not be considered as service or employment

8 bringing such individual within the provisions of any Fed9 eral law relating to conflicts of interest or otherwise im10 posing restrictions, requirements, or penalties in relation

11 to the employment of persons, the performance of services,

12 or the payment or receipt of compensation in connection

13 with claims, proceedings, or matters involving the United

14 States. Service as a member of the Commission, or as an

15 employee of the Commission, shall not be considered serv16 ice in an appointive or elective position in the Government

17 for purposes of section 8344 of title 5, United States

18 Code, or comparable provisions of Federal law.

19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated such

21 amounts as are necessary to carry out the purposes of this

22 Act.

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