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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.