PUBLIC LAW 105-85—NOV. 18, 1997 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. SEC. 3162. SUBMITTAL OF ANNUAL REPORT ON STATUS OF SECURITY 42 USC 7274 FUNCTIONS AT NUCLEAR WEAPONS FACILITIES. note. (a) IN GENERAL.— Not later than September 1 each year, the Secretary of Energy shall submit to the congressional defense committees the report entitled "Annual Report to the President on the Status of Safeguards and Security of Domestic Nuclear Weapons Facilities", or any successor report to such report. (b) REQUIREMENT RELATING TO REPORTS THROUGH FISCAL YEAR 2000. —The Secretary shall include with each report submitted under subsection (a) in fiscal years 1998 through 2000 any comments on such report by the members of the Department of Energy Security Management Board established under section 3161 that such members consider appropriate. SEC. 3163. MODIFICATION OF AUTHORITY ON COMMISSION ON MADWAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE. (a) COMMENCEMENT OF ACTIVITIES.— Subsection (b)(1) of section 3162 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2844; 42 U.S.C. 2121 note) is amended, effective January 1, 1998— (1) in subparagraph (C), by adding at the end the following new sentence: "The chairman may be designated once five members of the Commission have been appointed under subparagraph (A)."; and (2) by adding at the end the following:
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