[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5587 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5587

 To establish a United States Commission on Planetary Defense, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2010

 Mr. Rohrabacher introduced the following bill; which was referred to 
                the Committee on Science and Technology

_______________________________________________________________________

                                 A BILL


 
 To establish a United States Commission on Planetary Defense, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the United States 
Commission on Planetary Defense (in this Act referred to as the 
``Commission'').

SEC. 2. PURPOSES.

    The purposes of the Commission are to--
            (1) determine capabilities of United States Government 
        entities, nongovernment organizations, foreign governments and 
        entities, and international bodies to detect, characterize, and 
        neutralize potentially dangerous Near Earth Objects (in this 
        Act referred to as ``NEOs'');
            (2) identify and evaluate roles and responsibilities of 
        United States Government entities to detect, characterize, and 
        neutralize potentially dangerous NEOs;
            (3) determine United States effectiveness in leading 
        international efforts to detect, characterize, and neutralize 
        potentially dangerous NEOs;
            (4) build upon United States Government and foreign 
        analyses, studies, and assessments, without duplicating 
        efforts, to determine current and required NEO characterization 
        and mitigation capabilities;
            (5) identify and report on technology development required 
        to provide effective planetary defense from dangerous NEOs; and
            (6) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures that can be taken to provide planetary defense.

SEC. 3. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 7 members, of 
whom--
            (1) 1 member shall be appointed by the Chairman of the 
        Committee on Science and Technology of the House of 
        Representatives, who shall serve as chairman of the Commission;
            (2) 1 member shall be appointed by the Chairman of the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, who shall serve as vice chairman of the Commission;
            (3) 1 member shall be appointed by the Chairman of the 
        Committee on Science and Technology of the House of 
        Representatives;
            (4) 2 members shall be appointed by the Ranking Minority 
        Member of the Committee on Science and Technology of the House 
        of Representatives;
            (5) 1 member shall be appointed by the Chairman of the 
        Committee on Commerce, Science, and Transportation of the 
        Senate; and
            (6) 1 member shall be appointed by the Ranking Minority 
        Member of the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (b) Qualifications; Initial Meeting.--
            (1) Nongovernmental appointees.--An individual appointed to 
        the Commission may be an officer or employee of the Federal 
        Government or any State or local government.
            (2) Other qualifications.--Individuals appointed to the 
        Commission shall be prominent United States citizens, with 
        national recognition and significant depth of experience in 
        astronomy, geology, physics, nuclear weapons systems, space 
        systems, advanced technology, foreign affairs, or other 
        relevant disciplines.
            (3) Deadline for appointment.--All members of the 
        Commission shall be appointed on or before [_____, 2010].
            (4) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairman or a majority of its members. 
Four members of the Commission shall constitute a quorum. Any vacancy 
in the Commission shall not affect its powers, but shall be filled in 
the same manner in which the original appointment was made.

SEC. 4. FUNCTIONS OF COMMISSION.

    (a) In General.--The functions of the Commission are as follows:
            (1) Identify, review, and evaluate the structure, 
        coordination, management policies, and procedures of the 
        Federal Government, and, as appropriate, international bodies, 
        and nongovernmental entities, relative to detecting, 
        characterizing, mitigating, and over all response efforts to 
        dangerous NEOs.
            (2) Assess United States and foreign technology readiness 
        levels required to provide effective planetary defense and make 
        recommendations to develop required technologies, including NEO 
        detection and characterization systems, spacecraft, propulsion 
        systems, nuclear devices, high order explosive systems, 
        modeling and simulation capabilities, and laser systems.
            (3) Submit to the President and Congress such reports as 
        are required by this Act containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing organization, coordination, planning, 
        management arrangements, procedures, rules, and regulations.

SEC. 5. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this Act--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, and administer such oaths.
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this Act. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the chairman of 
        any subcommittee created by a majority of the Commission, or 
        any member designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        section 10(a) and (b).
    (c) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.

SEC. 7. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chairman, in 
        consultation with vice chairman, in accordance with rules 
        agreed upon by the Commission, may appoint and fix the 
        compensation of a staff director and such other personnel as 
        may be necessary to enable the Commission to carry out its 
        functions, 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 no 
        rate of pay fixed under this paragraph may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 8. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the duties of the 
Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this Act without the appropriate security clearances.

SEC. 10. REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (b) Final Report.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate 120 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 120-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 11. FUNDING.

    [(a) Transfer From the ____.--Of the amounts authorized to be 
appropriated by this Act and made available in Public Law _____ not to 
exceed $2,000,000 shall be available for transfer to the Commission for 
purposes of the activities of the Commission under this Act.]
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
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