Pub. L. 105-85, div. C, tit. XXXI, subtit. D, sec. 3161
DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD.
SEC. 3161. DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD. (a) Establishment.—(1) The Secretary of Energy shall establish a board to be known as the “Department of Energy Security Management Board” (in this section referred to as the “Board”). (2) The Board shall advise the Secretary on policy matters, operational concerns, strategic planning, personnel, budget, procurement, and development of priorities relating to the security functions of the Department of Energy. (b) Members.—The Board shall be comprised of— (1) the Secretary of Energy, who shall serve as chairman; (2) the Director of the Office of Nonproliferation and National Security of the Department of Energy; (3) the Assistant Secretary of Energy for Environmental Management; (4) the Assistant Secretary of Energy for Defense Programs; (5) the Assistant Secretary of Energy for Environment, Safety, and Health; (6) the Associate Deputy Secretary of Energy for Field Management; (7) three individuals selected by the Secretary of Defense and appointed by the Secretary of Energy; (8) an individual selected by the Director of the Federal Bureau of Investigation and appointed by the Secretary of Energy; and (9) an individual selected by the Director of Central Intelligence and appointed by the Secretary of Energy. (c) Appointments.—(1) The Secretary of Defense, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence shall consult with the Secretary of Energy in selecting individuals for appointment under paragraphs (7), (8), and (9), respectively, of subsection (b). (2) The Secretary of Energy may not appoint as a member of the Board under paragraph (7), (8), or (9) of subsection (b) an officer or employee of the Department of Energy, an employee of a contractor or subcontractor of the Department, or an individual under contract with the Department.111 STAT. 2049 (3) The Secretary of Energy shall appoint members of the Board under paragraphs (7), (8), and (9) of subsection (b) not later than January 15, 1998. (d) Vacancies.—Any vacancy in the Board shall be filled in the same manner as the original appointment. (e) Personnel Matters.—(1) (A) Each member of the Board 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, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. (B) All members of the Board 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 Board 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 regular places of business in the performance of services for the Board. (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 Board under this section. (g) Termination.—The Board shall terminate on October 31, 2000. (h) Security Functions Defined.—In this section, the term “security functions” means all Department of Energy activities related to the safeguarding and security of nuclear weapons and materials, protection of classified and unclassified controlled nuclear information, and physical and personnel security.