[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2040 Introduced in House (IH)]

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 Representatives 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 communist 
        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 otherwise be 
        spent for that purpose offers an opportunity for the Federal 
        Government to expand the utilization of defense-related 
        equipment, processes, and technologies by the private sector, 
        thereby promoting growth and job creation in the United States 
        economy.
            (3) The Department of Defense has spent billions of dollars 
        on the research, development, test, and evaluation of a variety 
        of such equipment, processes, and technologies, including the 
        facilities, equipment, processes, and technologies utilized at 
        White Sands Missile Range, New Mexico.
            (4) The Department of Defense has not adequately studied or 
        provided guidance for the manner in which defense-related 
        facilities, equipment, processes, 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 opportunity to examine the 
        defense-related facilities, equipment, processes, and 
        technologies of the Department of Defense and their utilization 
        by scientific 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 private sector.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission 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 composed of 10 members 
appointed by the Secretary of Defense, 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 technologies;
            (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 Energy on cooperative research and 
        development agreements 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 Federal 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.--Members 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 appointment.
    (d) Quorum.--Six members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (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 Commission 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, facilities, 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 appointed, 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 recommendations for such legislation and 
administrative actions 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 department or agency such information as the 
Commission considers 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 information 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 Commission who is not an 
officer or employee of the United States shall be compensated at a rate 
established by the Commission not to exceed the daily equivalent of the 
annual basic pay prescribed for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, for each day 
(including travel time) during which such member is engaged in the 
actual performance of duties as a member of the Commission. Each member 
of the Commission who is an officer or employee of the United States 
shall receive no additional compensation for service on the Commission.
    (2) While away from their homes or regular places of business in 
the performance of their duties for the Commission, the members of the 
Commission shall be allowed travel expenses, including per diem in lieu 
of subsistence, at a rate established by the Commission not to exceed 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code.
    (b) Administrative Provisions.--(1) The Commission shall appoint an 
executive director who shall be compensated at a rate established by 
the Commission not to exceed the rate of basic pay prescribed for level 
V of the Executive Schedule under section 5316 of title 5, United 
States Code.
    (2) With the approval of the Commission, the executive director may 
appoint and fix the compensation of such additional personnel as the 
executive director considers necessary to carry out the duties of the 
Commission.
    (3) Service of an individual as a member of the Commission, or 
employment of the individual by the Commission as an expert in any 
business or professional field, on a part-time or full-time basis, with 
or without compensation, shall not be considered as service or 
employment bringing such individual within the provisions of any 
Federal law relating to conflicts of interest or otherwise imposing 
restrictions, requirements, or penalties in relation to the employment 
of persons, the performance of services, or the payment or receipt of 
compensation in connection with claims, proceedings, or matters 
involving the United States. Service as a member of the Commission, or 
as an employee of the Commission, shall not be considered service in an 
appointive or elective position in the Government for purposes of 
section 8344 of title 5, United States Code, or comparable provisions 
of Federal law.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such amounts as are 
necessary to carry out the purposes of this Act.

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