§7383 Commission on Safeguards, Security, and Counterintelligence at Department of Energy Facilities

Summary

Creates a nine-member commission to check security at Department of Energy sites that handle nuclear weapons and materials. Nine people must be picked from government and private work with security, classification, or counterintelligence experience. Appointments come from Armed Services leaders in both the Senate and House (four picks total: Senate chair 2, Senate ranking member 1, House chair 2, House ranking member 1), plus one each from the Secretary of Defense, the FBI Director, and the Director of Central Intelligence. Members usually serve four-year terms, but three first appointees serve two-year terms (one of the Senate chair’s two, one of the House chair’s two, and the Defense Secretary’s appointee). The first members had to be named by 60 days after October 5, 1999. After at least five members are named, the Senate Armed Services chair (working with the House chair) chooses the commission chair from among the Senate chair’s appointees. The group must set its own meeting rules and meet at least once every three months. Work can begin once the chair is picked. The commission must review safeguards, security, and counterintelligence at Energy facilities, including information and computer security and personnel checks. It must judge whether current protections are enough and recommend changes. To do this, the commission will analyze threat-basis documents, visit facilities, look into problems noted in Department reports, review laws and orders, and do other tasks the Secretary of Energy thinks fit. Each year by February 15 the commission must send an unclassified report (it can add a classified annex) to the Secretary of Energy and the Armed Services Committees, describing work and suggesting changes or laws. Nonfederal members are paid at the daily rate for Executive Schedule level V when working for the commission; federal members are unpaid. Members get travel pay. The commission can hire staff outside usual civil service rules and set pay as needed. Staff and members must have proper security clearances. Up to $1,000,000 is available from specified appropriations and stays available until spent.