§ 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.
(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.
(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).
(5)
The initial members of the Commission shall be appointed not later than 60 days after October 5, 1999.
(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—
(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)
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.
(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.
(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)
(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