I
103D CONGRESS
1ST SESSION
H. R. 2040
To establish a commission on the commercial application of certain defense-
related 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Commission on the
Dual-Use Application of Facilities and Resources at White
Sands Missile Range Act’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The end of the Cold War, the fall of com-
munist governments, and the spread of democratic
principles and governments across the world will
permit the Federal Government to continue the
thoughtful reduction in the amount spent by the
United States for national defense.
(2) The reallocation of amounts that would oth-
erwise be spent for that purpose offers an oppor-
tunity for the Federal Government to expand the
utilization of defense-related equipment, processes,
and technologies by the private sector, thereby pro-
moting growth and job creation in the United States
economy.
(3) The Department of Defense has spent bil-
lions of dollars on the research, development, test,
and evaluation of a variety of such equipment, proc-
esses, and technologies, including the facilities,
equipment, processes, and technologies utilized at
White Sands Missile Range, New Mexico.
(4) The Department of Defense has not ade-
quately studied or provided guidance for the manner
in which defense-related facilities, equipment, proc-
esses, and technologies may be utilized effectively by
the private sector.
(5) A study of the facilities and resources of
White Sands Missile Range provides an excellent op-
portunity to examine the defense-related facilities,
equipment, processes, and technologies of the De-
partment of Defense and their utilization by sci-
entific personnel engaged in a variety of research,
development, test, and evaluation programs.
(6) The establishment of a commission for the
study of such facilities, equipment, processes, and
technologies will provide timely, relevant information
on potential dual-use applications of such facilities,
equipment, processes, and technologies by the pri-
vate sector.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Commission on the Dual-Use
Application of Facilities and Resources at White Sands
Missile Range (hereafter in this Act referred to as the
‘‘Commission’’).
(b) MEMBERSHIP.—The Commission shall be com-
posed of 10 members appointed by the Secretary of De-
fense, of whom—
(1) not less than one shall be a senior official
or employee of the Department of Energy national
laboratories who is familiar with the experiences of
the Department of Energy with cooperative research
and development agreements and dual-use tech-
nologies;
(2) not less than one shall be a chief executive
officer of a corporation that has worked with the
Department of Defense or the Department of En-
ergy on cooperative research and development agree-
ments or have significant experience in the research,
development, test, and evaluation of high technology;
(3) not less than one shall be a senior official
or employee of a department or agency of the Fed-
eral Government who is an expert in the commercial
utilization or application of high technology by the
private sector; and
(4) the remainder, if any, shall be such persons
as the Secretary determines appropriate.
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any
vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the original appoint-
ment.
(d) QUORUM.—Six members of the Commission shall
constitute a quorum, but a lesser number may hold hear-
ings.
(e) CHAIRMAN.—The Commission shall select a
Chairman from among its members.
(f) MEETINGS.—(1) Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold its first meeting.
(2) The Commission shall meet at the call of the
Chairman.
(g) TERMINATION.—The Commission shall terminate
1 year after the date on which all members of the Commis-
sion have been appointed.
SEC. 4. DUTIES OF THE COMMISSION.
(a) STUDY.—The Commission shall conduct a study
of the manner in which the defense-related equipment, fa-
cilities, processes, and technologies at White Sands Missile
Range, New Mexico, may be utilized by the private sector.
(b) REPORT.—Not later than 1 year after the date
on which all members of the Commission have been ap-
pointed, the Commission shall submit to the Committees
on Armed Services and the Committees on Appropriations
of the Senate and House of Representatives a report on
the results of the study conducted under subsection (a)
which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its rec-
ommendations for such legislation and administrative ac-
tions as the Commission considers appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) HEARINGS.—For the purpose of carrying out this
Act, the Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive
such evidence, as the Commission considers appropriate.
The Commission may administer oaths of affirmations to
witnesses appearing before the Commission.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out the provisions of this Act.
Upon the request of a member of the Commission, the
head of such department or agency shall furnish such in-
formation to the Commission.
(c) DELEGATION OF POWERS.— Any member of the
Commission may, if authorized by the Commission, take
any action which the Commission is authorized to take by
this Act.
(d) POSTAL SERVICE.—The Commission may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of the
United States.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION.—(1) Each member of the Com-
mission who is not an officer or employee of the United
States shall be compensated at a rate established by the