Pub. L. 104-201, div. C, tit. XXXI, subtit. D, sec. 3162

COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE.

EnactedYear: 1996Length: 813 wordsOfficial source
SEC. 3162. COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE. (a) Establishment.— There is hereby established a commission to be known as the “Commission on Maintaining United States Nuclear Weapons Expertise” (in this section referred to as the “Commission”). (b) Organizational Matters.— (1) (A) The Commission shall be composed of eight members appointed from among individuals in the public and private sectors who have significant experience in matters relating to nuclear weapons, as follows: (i) Two snail be appointed by the majority leader of the Senate (in consultation with the minority leader of the Senate). 110 STAT. 2844 (ii) One shall be appointed by the minority leader of the Senate (in consultation with the majority leader of the Senate). (iii) Two shall be appointed by the Speaker of the House of Representatives (in consultation with the minority leader of the House of Representatives). (iv) One shall be appointed by the minority leader of the House of Representatives (in consultation with the Speaker of the House of Representatives). (v) Two shall be appointed by the Secretary of Energy. (B) Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (C) The chairman of the Commission shall be designated from among the members of the Commission appointed under subparagraph (A) by the majority leader of the Senate, in consultation with the Speaker of the House of Representatives, the minority leader of the Senate, and the minority leader of the House of Representatives. (D) Members shall be appointed not later than 60 days after the date of the enactment of this Act. (2) 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. (c) Duties.— (1) The Commission shall develop a plan for recruiting and retaining within the Department of Energy nuclear weapons complex such scientific, engineering, and technical personnel as the Commission determines appropriate in order to permit the Department to maintain over the long term a safe and reliable nuclear weapons stockpile without engaging in underground testing. (2) In developing the plan, the Commission shall— (A) identify actions that the Secretary may undertake to attract qualified scientific, engineering, and technical personnel to the nuclear weapons complex of the Department; and (B) review and recommend improvements to the on-going efforts of the Department to attract such personnel to the nuclear weapons complex. (d) Report.— Not later than March 15, 1998, the Commission shall submit to the Secretary and to Congress a report containing the plan developed under subsection (c). The report may include recommendations for legislation and administrative action. (e) Commission Personnel Matters.— (1) 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 IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (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, United States Code, while away from their homes or 110 STAT. 2845regular places of business in the performance of services for the Commission. (3) 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. 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, United States Code, relating to classification of positions and General Schedule pay rates. (4) Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Termination.— The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (d). (g) 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. (h) Funding.— Of the amounts authorized to be appropriated pursuant to section 3101, not more than $1,000,000 shall be available for the activities of the Commission under this section. Funds made available to the Commission under this section shall remain available until expended.