42 U.S.C. § 10262 — Nuclear Waste Technical Review Board

Page 8025 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10262 (8) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States; (9) hold such hearings as are necessary to de- termine the views of interested parties and the general public; and (10) appoint advisory committees under chapter 10 of title 5. (Pub. L. 97–425, title IV, § 408, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–247; amended Pub. L. 117–286, § 4(a)(273), Dec. 27, 2022, 136 Stat. 4336.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 2022—Par. (10). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 10249. Cooperation of other departments and agencies Each department, agency, and instrumen- tality of the United States, including any inde- pendent agency, may furnish the Negotiator such information as he determines to be nec- essary to carry out his functions under this sub- chapter. (Pub. L. 97–425, title IV, § 409, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–247.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10250. Termination of Office The Office shall cease to exist not later than 30 days after the date 7 years after December 22, 1987. (Pub. L. 97–425, title IV, § 410, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–247; amended Pub. L. 102–486, title VIII, § 802(a), Oct. 24, 1992, 106 Stat. 2923.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 1992—Pub. L. 102–486 substituted ‘‘7 years’’ for ‘‘5 years’’. § 10251. Authorization of appropriations Notwithstanding subsection (d) of section 10222 of this title, and subject to subsection (e) of such section, there are authorized to be appro- priated for expenditures from amounts in the Waste Fund established in subsection (c) of such section, such sums as may be necessary to carry out the provisions of this subchapter. (Pub. L. 97–425, title IV, § 411, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–248.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. SUBCHAPTER V—NUCLEAR WASTE TECHNICAL REVIEW BOARD § 10261. Definitions As used in this subchapter: (1) The term ‘‘Chairman’’ means the Chair- man of the Nuclear Waste Technical Review Board. (2) The term ‘‘Board’’ means the Nuclear Waste Technical Review Board established under section 10262 of this title. (Pub. L. 97–425, title V, § 501, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5051, Dec. 22, 1987, 101 Stat. 1330–248.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10262. Nuclear Waste Technical Review Board (a) Establishment There is established a Nuclear Waste Tech- nical Review Board that shall be an independent establishment within the executive branch. (b) Members (1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Acad- emy of Sciences in accordance with paragraph (3). (2) The President shall designate a member of the Board to serve as chairman. (3)(A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appoint- ment to the Board from among persons who meet the qualifications described in subpara- graph (C). (B) The National Academy of Sciences shall nominate not less than 2 persons to fill any va- cancy on the Board from among persons who meet the qualifications described in subpara- graph (C). Page 8026 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10263 (C)(i) Each person nominated for appointment to the Board shall be— (I) eminent in a field of science or engineer- ing, including environmental sciences; and (II) selected solely on the basis of estab- lished records of distinguished service. (ii) The membership of the Board shall be rep- resentative of the broad range of scientific and engineering disciplines related to activities under this subchapter. (iii) No person shall be nominated for appoint- ment to the Board who is an employee of— (I) the Department of Energy; (II) a national laboratory under contract with the Department of Energy; or (III) an entity performing high-level radio- active waste or spent nuclear fuel activities under contract with the Department of En- ergy. (4) Any vacancy on the Board shall be filled by the nomination and appointment process de- scribed in paragraphs (1) and (3). (5) Members of the Board shall be appointed for terms of 4 years, each such term to com- mence 120 days after December 22, 1987, except that of the 11 members first appointed to the Board, 5 shall serve for 2 years and 6 shall serve for 4 years, to be designated by the President at the time of appointment. (Pub. L. 97–425, title V, § 502, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5051, Dec. 22, 1987, 101 Stat. 1330–248.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. Statutory Notes and Related Subsidiaries CONTINUED BOARD SERVICE AFTER EXPIRATION OF TERM Pub. L. 104–46, title V, § 503, Nov. 13, 1995, 109 Stat. 419, provided that: ‘‘Without fiscal year limitation and not- withstanding section 502(b)(5) of the Nuclear Waste Pol- icy Act, as amended [42 U.S.C. 10262(b)(5)], or any other provision of law, a member of the Nuclear Waste Tech- nical Review Board whose term has expired may con- tinue to serve as a member of the Board until such member’s successor has taken office.’’ § 10263. Functions The Board shall evaluate the technical and scientific validity of activities undertaken by the Secretary after December 22, 1987, includ- ing— (1) site characterization activities; and (2) activities relating to the packaging or transportation of high-level radioactive waste or spent nuclear fuel. (Pub. L. 97–425, title V, § 503, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5051, Dec. 22, 1987, 101 Stat. 1330–249.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10264. Investigatory powers (a) Hearings Upon request of the Chairman or a majority of the members of the Board, the Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. (b) Production of documents (1) Upon the request of the Chairman or a ma- jority of the members of the Board, and subject to existing law, the Secretary (or any contractor of the Secretary) shall provide the Board with such records, files, papers, data, or information as may be necessary to respond to any inquiry of the Board under this subchapter. (2) Subject to existing law, information ob- tainable under paragraph (1) shall not be limited to final work products of the Secretary, but shall include drafts of such products and docu- mentation of work in progress. (Pub. L. 97–425, title V, § 504, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5051, Dec. 22, 1987, 101 Stat. 1330–249.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10265. Compensation of members (a) In general Each member of the Board shall be paid at the rate of pay payable for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the Board. (b) Travel expenses Each member of the Board may receive travel expenses, including per diem in lieu of subsist- ence, in the same manner as is permitted under sections 5702 and 5703 of title 5. (Pub. L. 97–425, title V, § 505, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5051, Dec. 22, 1987, 101 Stat. 1330–249.) Editorial Notes REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (a), is set out in section 5314 of Title 5, Govern- ment Organization and Employees. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10266. Staff (a) Clerical staff (1) Subject to paragraph (2), the Chairman may appoint and fix the compensation of such clerical staff as may be necessary to discharge the responsibilities of the Board.