(12) provide the IAEA the additional funds, technical assistance, and political support necessary to carry out the goals set forth in this subsection; and

(13) make public the annual safeguards implementation report of the IAEA, establishing a public registry of commodities in international nuclear commerce, including dual-use goods, and creating a public repository of current nuclear trade control laws, agreements, regulations, and enforcement and judicial actions by IAEA member nations.

SEC. 843. REPORTING REQUIREMENT.

(a) REPORT REQUIRED.-The President shall, in the report required by section 601(a) of the Nuclear Non-Proliferation Act of 1978, describe

(1) the steps he has taken to implement sections 841 and 842, and

(2) the progress that has been made and the obstacles that have been encountered in seeking to meet the objectives set forth in sections 841 and 842.

(b) CONTENTS OF REPORT.-Each report under paragraph (1) shall describe

(1) the bilateral and multilateral initiatives that the President has taken during the period since the enactment of this Act in pursuit of each of the objectives set forth in sections 841 and 842;

(2) any obstacles that have been encountered in the pursuit of those initiatives;

(3) any additional initiatives that have been proposed by other countries or international organizations to strengthen the implementation of IAEA safeguards;

(4) all activities of the Federal Government in support of the objectives set forth in sections 841 and 842;

(5) any recommendations of the President on additional measures to enhance the effectiveness of IAEA safeguards; and (6) any initiatives that the President plans to take in support of each of the objectives set forth in sections 841 and 842. SEC. 844. DEFINITIONS.

As used in this part

(1) the term "highly enriched uranium" means uranium enriched to 20 percent or more in the isotope U-235;

(2) the term "IAEA" means the International Atomic Energy Agency;

(3) the term "near real time material accountancy" means a method of accounting for the location, quantity, and disposition of special fissionable material at facilities that store or process such material, in which verification of peaceful use is continuously achieved by means of frequent physical inventories and the use of in-process instrumentation;

(4) the term "special fissionable material" has the meaning given that term by Article XX(1) of the Statute of the International Atomic Energy Agency, done at the Headquarters of the United Nations on October 26, 1956;

(5) the term "the Treaty" means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; and

(6) the terms "IAEA safeguards", "non-nuclear-weapon state", "nuclear explosive device", and "special nuclear material" have the meanings given those terms in section 830 of this Act.

*

PART D-TERMINATION * [REPEALED—1996] 186

TITLE IX-COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY

SEC. 901.187 SHORT TITLE.

This title may be cited as the "Protection and Reduction of Government Secrecy Act".

SEC. 902.187 FINDINGS.

The Congress makes the following findings:

(1) During the Cold War an extensive secrecy system developed which limited public access to information and reduced the ability of the public to participate with full knowledge in the process of governmental decisionmaking.

(2) In 1992 alone 6,349,532 documents were classified and approximately three million persons held some form of security clearance.

(3) The burden of managing more than 6 million newly classified documents every year has led to tremendous administrative expense, reduced communication within the government and within the scientific community, reduced communication between the government and the people of the United States, and the selective and unauthorized public disclosure of classified information.

(4) It has been estimated that private businesses spend more than $14 billion each year implementing government mandated regulations for protecting classified information.

(5) If a smaller amount of truly sensitive information were classified the information could be held more securely.

(6) In 1970 a Task Force organized by the Defense Science Board and headed by Dr. Frederick Seitz concluded that "more might be gained than lost if our Nation were to adopt-unilaterally, if necessary-a policy of complete openness in all areas of information".

(7) The procedures for granting security clearances have themselves become an expensive and inefficient part of the secrecy system and should be closely examined.

188 Sec. 157(a) of Public Law 104-164 (110 Stat. 1440) repealed part D, which consisted only of sec. 851, which had provided the following:

"SEC. 851. TERMINATION UPON ENACTMENT OF NEXT FOREIGN RELATIONS ACT.

"On the date of enactment of the first Foreign Relations Authorization Act that is enacted after the enactment of this Act, the provisions of parts A and B of this title shall cease to be effective, the amendments made by those parts shall be repealed, and any provision of law repealed by those parts shall be reenacted.".

187 50 U.S.C. 401 note.

(8) A bipartisan study commission specially constituted for the purpose of examining the consequences of the secrecy_system will be able to offer comprehensive proposals for reform.

SEC. 903.187 PURPOSE.

It is the purpose of this title to establish for a two-year period a Commission on Protecting and Reducing Government Secrecy

(1) to examine the implications of the extensive classification of information and to make recommendations to reduce the volume of information classified and thereby to strengthen the protection of legitimately classified information; and

(2) to examine and make recommendations concerning current procedures relating to the granting of security clearances. SEC. 904.187 COMPOSITION OF THE COMMISSION.

(a) ESTABLISHMENT.-To carry out the purpose of this title, there is established a Commission on Protecting and Reducing Government Secrecy (in this title referred to as the "Commission").

(b) COMPOSITION.-The Commission shall be composed of twelve members, as follows:

(1) Four members appointed by the President, of whom two shall be appointed from the executive branch of the Government and two shall be appointed from private life.

(2) Two members appointed by the Majority Leader of the Senate, of whom one shall be a Member of the Senate and one shall be appointed from private life.

(3) Two members appointed by the Minority Leader of the Senate, of whom one shall be a Member of the Senate and one shall be appointed from private life.

(4) Two members appointed by the Speaker of the House of Representatives, of whom one shall be a Member of the House and one shall be appointed from private life.

(5) Two members appointed by the Minority Leader of the House of Representatives, of whom one shall be a Member of the House and one shall be appointed from private life.

(c) CHAIRMAN.-The Commission shall elect a Chairman from among its members.

(d) QUORUM; VACANCIES.-After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Seven 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.

(e) APPOINTMENT OF MEMBERS; INITIAL MEETING.-(1) It is the sense of the Congress that members of the Commission should be appointed not later than 60 days after the date of enactment of this title.

(2) If after 60 days from the date of enactment of this Act seven or more members of the Commission have been appointed, those members who have been appointed may meet and select a Chairman who thereafter shall have authority to begin the operations of the Commission, including the hiring of staff.

SEC. 905.187 FUNCTIONS OF THE COMMISSION.
The functions of the Commission shall be-

www

(1) to conduct, for a period of 2 years from the date of its first meeting, an investigation into all matters in any way related to any legislation, executive order, regulation, practice, or procedure relating to classified information or granting security clearances; and

(2) to submit to the Congress a final report containing such recommendations concerning the classification of national security information and the granting of security clearances as the Commission shall determine, including proposing new procedures, rules, regulations, or legislation.

SEC. 906.187 POWERS OF THE COMMISSION.

(a) IN GENERAL.-(1) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this title

(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths, and

(B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may deem advisable.

(2) Subpoenas issued under paragraph (1)(B) may be issued under the signature of the Chairman of the Commission, the chairman of any designated subcommittee, or any designated member, and may be served by any person designated by such Chairman, subcommittee chairman, or member. The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section.

(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 title.

(c) INFORMATION FROM FEDERAL AGENCIES.-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 title. Each such department, bureau, agency, board, commission, office, 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.

(d) 188 ASSISTANCE FROM FEDERAL AGENCIES. (1) The Secretary of State is authorized on a reimbursable or non-reimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions.

188 The Secretary of State delegated functions authorized under this subsection to the Under Secretary for Management (Department of State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority No. 198, September 16,

3 The Administrator of Generai Services stail provide to the Commission in i emcursacie casts such administrative support services as the Commission may request.

3 in addition ta the assistance set forth in paragraphs and 2. fepartments and agencies of the Cited States are authorized o provide to the Commission such services, funds, scites, staff, and other support services is bey may jeem visacie and as may

e GIFTS-The Commission may accept, use, and fispose of pits ir conations of services or property.

✰ POSTAL SERVICES-The Commission may use the United States mais in re same manner and under the same Inditions 15 departments and agencies i ne United States.

SEC. 307.:** STAFF OF THE COMMISSION.

1. N HENERAL-The airman, in accordance with miles agreed IDO by the Commission, may appoint and is the sompensation 1 staff prector and such her personnes as may be necessary a manie the Commission to carry out its finetens, without regard Dhe previsions de 5. Umted States Code, governing appointnents n be compentive service, and without regard to the provi Bons of mapter 11 and subchapter of mapter 53 x such at e relating to assification and Genersi Schedule pay "ates except at 10 rate ray fixed under this sursecton may exceed the equivalent of hat davacie a person recupying a positron at level 7 he Executive Senecule under section 381 ate 3. United States Code. Any Federal Government employee may be recalled to he Commission without reimbursement fem the Commission, and such retailee snail retain hengs, status, and prreleges of his r her regular employment without interruption.

b CONSULTANT ŠERVICES.—The Commission is authorized to procure the services experts and const tarts in accordance with section 3209 of ace 5. Cited States Code, but at rates not D SAceed the taily rate paid a person accupying a position at level IV of the Executive Schedule under seccon 3815 of title 3. United States Code.

SEC. 908.1ST COMPENSATION AND TRAVEL EXPENSES

a. COMPENSATION- Except as provided in paragraph 21 each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in odber 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.

2. Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no addi tional pay on account of their service on 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 heu of subsistence, in the same manner as persons employed intermittently in the Government serv lowed expenses under section 5703(b) of title 5, United