
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7383]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
      SUBCHAPTER XV--MATTERS RELATING TO SAFEGUARDS, SECURITY, AND 
                           COUNTERINTELLIGENCE
 
Sec. 7383. Commission on Safeguards, Security, and 
        Counterintelligence at Department of Energy Facilities
        

(a) Establishment

    There is hereby established a commission to be known as the 
Commission on Safeguards, Security, and Counterintelligence at 
Department of Energy Facilities (in this section referred to as the 
``Commission'').

(b) Membership and organization

    (1) The Commission shall be composed of nine members appointed from 
among individuals in the public and private sectors who have significant 
experience in matters related to the security of nuclear weapons and 
materials, the classification of information, or counterintelligence 
matters, as follows:
        (A) Two shall be appointed by the chairman of the Committee on 
    Armed Services of the Senate, in consultation with the ranking 
    member of that Committee.
        (B) One shall be appointed by the ranking member of the 
    Committee on Armed Services of the Senate, in consultation with the 
    chairman of that Committee.
        (C) Two shall be appointed by the chairman of the Committee on 
    Armed Services of the House of Representatives, in consultation with 
    the ranking member of that Committee.
        (D) One shall be appointed by the ranking member of the 
    Committee on Armed Services of the House of Representatives, in 
    consultation with the chairman of that Committee.
        (E) One shall be appointed by the Secretary of Defense.
        (F) One shall be appointed by the Director of the Federal Bureau 
    of Investigation.
        (G) One shall be appointed by the Director of Central 
    Intelligence.

    (2) Members of the Commission shall be appointed for four year 
terms, except as follows:
        (A) One member initially appointed under paragraph (1)(A) shall 
    serve a term of two years, to be designated at the time of 
    appointment.
        (B) One member initially appointed under paragraph (1)(C) shall 
    serve a term of two years, to be designated at the time of 
    appointment.
        (C) The member initially appointed under paragraph (1)(E) shall 
    serve a term of two years.

    (3) Any vacancy in the Commission shall be filled in the same manner 
as the original appointment and shall not affect the powers of the 
Commission.
    (4)(A) After five members of the Commission have been appointed 
under paragraph (1), the chairman of the Committee on Armed Services of 
the Senate, in consultation with the chairman of the Committee on Armed 
Services of the House of Representatives, shall designate the chairman 
of the Commission from among the members appointed under paragraph 
(1)(A).
    (B) The chairman of the Commission may be designated once five 
members of the Commission have been appointed under paragraph (1).
    (5) The initial members of the Commission shall be appointed not 
later than 60 days after October 5, 1999.
    (6) The members of the Commission shall establish procedures for the 
activities of the Commission, including procedures for calling meetings, 
requirements for quorums, and the manner of taking votes.
    (7) The Commission shall meet not less often than once every three 
months.
    (8) The Commission may commence its activities under this section 
upon the designation of the chairman of the Commission under paragraph 
(4).

(c) Duties

    (1) The Commission shall, in accordance with this section, review 
the safeguards, security, and counterintelligence activities (including 
activities relating to information management, computer security, and 
personnel security) at Department of Energy facilities to--
        (A) determine the adequacy of those activities to ensure the 
    security of sensitive information, processes, and activities under 
    the jurisdiction of the Department against threats to the disclosure 
    of such information, processes, and activities; and
        (B) make recommendations for actions the Commission determines 
    as being necessary to ensure that such security is achieved and 
    maintained.

    (2) The activities of the Commission under paragraph (1) shall 
include the following:
        (A) An analysis of the sufficiency of the Design Threat Basis 
    documents as a basis for the allocation of resources for safeguards, 
    security, and counterintelligence activities at the Department 
    facilities in light of applicable guidance with respect to such 
    activities, including applicable laws, Department of Energy orders, 
    Presidential Decision Directives, and Executive orders.
        (B) Visits to Department facilities to assess the adequacy of 
    the safeguards, security, and counterintelligence activities at such 
    facilities.
        (C) Evaluations of specific concerns set forth in Department 
    reports regarding the status of safeguards, security, or 
    counterintelligence activities at particular Department facilities 
    or at facilities throughout the Department.
        (D) Reviews of relevant laws, Department orders, and other 
    requirements relating to safeguards, security, and 
    counterintelligence activities at Department facilities.
        (E) Any other activities relating to safeguards, security, and 
    counterintelligence activities at Department facilities that the 
    Secretary of Energy considers appropriate.

(d) Reports

    (1) Not later than February 15 each year, the Commission shall 
submit to the Secretary of Energy and to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives a report on the activities of the Commission during the 
preceding year. The report shall be submitted in unclassified form, but 
may include a classified annex.
    (2) Each report--
        (A) shall describe the activities of the Commission during the 
    year covered by the report;
        (B) shall set forth proposals for any changes in safeguards, 
    security, or counterintelligence activities at Department of Energy 
    facilities that the Commission considers appropriate in light of 
    such activities; and
        (C) may include any other recommendations for legislation or 
    administrative action that the Commission considers appropriate.

(e) Personnel matters

    (1)(A) Each member of the Commission who is not an officer or 
employee of the Federal Government shall be compensated at a rate equal 
to the daily equivalent of the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 of title 5 for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Commission.
    (B) All members of the Commission who are officers or employees of 
the United States shall serve without compensation by reason of their 
service on the Commission.
    (2) The members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5 while 
away from their homes or regular places of business in the performance 
of services for the Commission.
    (3)(A) The Commission may, without regard to the civil service laws 
and regulations, appoint and terminate such personnel as may be 
necessary to enable the Commission to perform its duties.
    (B) The Commission may fix the compensation of the personnel of the 
Commission without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5 relating to classification of positions and 
General Schedule pay rates.
    (4) Any officer or employee of the United States may be detailed to 
the Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (5) The members and employees of the Commission shall hold security 
clearances appropriate for the matters considered by the Commission in 
the discharge of its duties under this section.

(f) Applicability of FACA

    The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the activities of the Commission.

(g) Funding

    (1) From amounts authorized to be appropriated by sections 3101 and 
3103, the Secretary of Energy shall make available to the Commission not 
more than $1,000,000 for the activities of the Commission under this 
section.
    (2) Amounts made available to the Commission under this subsection 
shall remain available until expended.

(Pub. L. 106-65, div. C, title XXXI, Sec. 3142, Oct. 5, 1999, 113 Stat. 
931.)

                       References in Text

    The civil service laws, referred to in subsec. (e)(3)(A), are set 
forth in Title 5, Government Organization and Employees. See, 
particularly, section 3301 et seq. of Title 5.
    The Federal Advisory Committee Act, referred to in subsec. (f), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.
    Sections 3101 and 3103, referred to in subsec. (g), are sections 
3101 and 3103 of Pub. L. 106-65, div. C, title XXXI, Oct. 5, 1999, 113 
Stat. 915, 919, which are not classified to the Code.

                          Codification

    Section is comprised of section 3142 of Pub. L. 106-65. Subsec. 
(h)(1) of section 3142 of Pub. L. 106-65 repealed section 3161 of Pub. 
L. 105-85, formerly set out as a note under section 7251 of this title. 
Subsec. (h)(2) of section 3142 of Pub. L. 106-65 amended section 3162 of 
Pub. L. 105-85, set out as a note under section 7274m of this title.


                               Short Title

    Pub. L. 106-65, div. C, title XXXI, Sec. 3141, Oct. 5, 1999, 113 
Stat. 931, provided that: ``This subtitle [subtitle D, Secs. 3141-3156, 
of title XXXI of div. C of Pub. L. 106-65, enacting this subchapter and 
section 2282b of this title, amending sections 2165, 2274, 2275, 2277, 
and 2282a of this title, enacting provisions set out as notes under 
sections 2165 and 2282b of this title and section 435 of Title 50, War 
and National Defense, amending provisions set out as a note under 
section 7274m of this title, and repealing provisions set out as a note 
under section 7251 of this title] may be cited as the `Department of 
Energy Facilities Safeguards, Security, and Counterintelligence 
Enhancement Act of 1999'.''
