[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 614 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 614
To establish a commission on the commercial application of certain
defense-related facilities, equipment, processes, and technologies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18 (legislative day, March 3), 1993
Mr. Domenici (for himself and Mr. Bingaman) introduced the following
bill; which was read twice and 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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