(5) AGENCY
COOPERATION.—Whenever infor-
mation or assistance requested under subparagraph 
(A) or (B) of paragraph (1) is, in the judgment of 
the Board, unreasonably refused or not provided, the 
Board shall report the circumstances to the head of 
the department, agency, or element concerned with-
out delay. The head of the department, agency, or 
element concerned shall ensure that the Board is 
given access to the information, assistance, material, 
or personnel the Board determines to be necessary 
to carry out its functions. 
(6) ACCESS.—Nothing in this section shall be 
construed to authorize the Board, or any agent 
thereof, to gain access to information regarding an 
activity covered by section 503(a) of the National 
Security Act of 1947 (50 U.S.C. 3093(a)). 
(h) MEMBERSHIP.— 
(1) MEMBERS.—The Board shall be composed 
of a full-time chairman and four additional mem-
bers, who shall be appointed by the President, by 
and with the advice and consent of the Senate. 
(2) QUALIFICATIONS.— 
(A) IN GENERAL.—Members of the Board 
shall be selected solely on the basis of their pro-
fessional qualifications, achievements, public 
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stature, expertise in human rights and the law 
of armed conflict, and relevant experience, and 
without regard to political affiliation, but in no 
event shall more than three members of the 
Board be members of the same political party. 
(B) PROHIBITION ON APPOINTMENT OF IN-
DIVIDUALS
EMPLOYED
BY
CERTAIN
ENTI-
TIES.—An individual who was employed, during 
the preceding 5-year period, by an entity that 
engages in activities subject to the Arms Export 
Control Act (22 U.S.C. 2751 et seq.) is not eli-
gible to serve as a member of the Board. 
(C) SELECTION OF MEMBERS NOT OF PO-
LITICAL PARTY OF PRESIDENT.—The President 
shall, before appointing an individual who is not 
a member of the same political party as the 
President, consult with the leadership of that 
party, if any, in the Senate and the House of 
Representatives. 
(3) INCOMPATIBLE OFFICE.—An individual ap-
pointed to the Board may not, while serving on the 
Board, be an elected official, officer, or employee of 
the Federal Government, other than in the capacity 
as a member of the Board. 
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(4) TERM.—Each member of the Board shall 
serve a term of 6 years, except that— 
(A) a member appointed to a term of office 
after the commencement of such term may 
serve under such appointment only for the re-
mainder of such term; and 
(B) upon the expiration of the term of of-
fice of a member, the member shall continue to 
serve until the member’s successor has been ap-
pointed and qualified, except that no member 
may serve under this subparagraph— 
(i) for more than 60 days when Con-
gress is in session unless a nomination to 
fill the vacancy shall have been submitted 
to the Senate; or 
(ii) after the adjournment sine die of 
the session of the Senate in which such 
nomination is submitted. 
(5) QUORUM AND MEETINGS.—The Board shall 
meet upon the call of the chairman or a majority of 
its members. Three members of the Board shall con-
stitute a quorum. 
(i) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.— 
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(A) CHAIRMAN.—The chairman of the 
Board shall be compensated at the rate of pay 
payable for a position at level III of the Execu-
tive Schedule under section 5314 of title 5, 
United States Code. 
(B) MEMBERS.—Each member of the 
Board shall be compensated at a rate of pay 
payable for a position at level IV of the Execu-
tive Schedule under section 5315 of title 5, 
United States Code, for each day during which 
that member is engaged in the actual perform-
ance of the duties of the Board. 
(2) TRAVEL
EXPENSES.—Members of the 
Board shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
persons employed intermittently by the Government 
under section 5703(b) of title 5, United States Code, 
while away from their homes or regular places of 
business in the performance of services for the 
Board. 
(j) STAFF.— 
(1) APPOINTMENT AND COMPENSATION.—The 
chairman of the Board, in accordance with rules 
agreed upon by the Board, shall appoint and fix the 
compensation of a full-time executive director and 
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such other personnel as may be necessary to enable 
the Board to carry out its functions, without regard 
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except 
that no rate of pay fixed under this subsection may 
exceed the equivalent of that payable for a position 
at level V of the Executive Schedule under section 
5316 of title 5, United States Code. 
(2) APPOINTMENT
IN
ABSENCE
OF
CHAIR-
MAN.—If the position of chairman of the Board is 
vacant, during the period of the vacancy, the Board, 
at the direction of the unanimous vote of the serving 
members of the Board, may exercise the authority of 
the chairman under paragraph (1). 
(3) DETAILEES.—Any Federal employee may 
be detailed to the Board without reimbursement 
from the Board, and such detailee shall retain the 
rights, status, and privileges of the detailee’s regular 
employment without interruption. 
(4) CONSULTANT SERVICES.—The Board may 
procure the temporary or intermittent services of ex-
perts and consultants in accordance with section 
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