Collapse to view only § 10261. Definitions

§ 10261. Definitions
As used in this subchapter:
(1) The term “Chairman” means the Chairman 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.)
§ 10262. Nuclear Waste Technical Review Board
(a) Establishment
(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 Academy 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 appointment to the Board from among persons who meet the qualifications described in subparagraph (C).
(B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C).
(C)
(i) Each person nominated for appointment to the Board shall be—(I) eminent in a field of science or engineering, including environmental sciences; and(II) selected solely on the basis of established records of distinguished service.
(ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this subchapter.
(iii) No person shall be nominated for appointment 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 radioactive waste or spent nuclear fuel activities under contract with the Department of Energy.
(4) Any vacancy on the Board shall be filled by the nomination and appointment process described in paragraphs (1) and (3).
(5) Members of the Board shall be appointed for terms of 4 years, each such term to commence 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.)
§ 10263. Functions
The Board shall evaluate the technical and scientific validity of activities undertaken by the Secretary after December 22, 1987, including—
(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.)
§ 10264. Investigatory powers
(a) Hearings
(b) Production of documents
(1) Upon the request of the Chairman or a majority 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 obtainable under paragraph (1) shall not be limited to final work products of the Secretary, but shall include drafts of such products and documentation 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.)
§ 10265. Compensation of members
(a) In general
(b) Travel expenses
(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.)
§ 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.
(2) Clerical staff shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(b) Professional staff
(1) Subject to paragraphs (2) and (3), the Chairman may appoint and fix the compensation of such professional staff as may be necessary to discharge the responsibilities of the Board.
(2) Not more than 10 professional staff members may be appointed under this subsection.
(3) Professional staff members may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid 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 individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule.
(Pub. L. 97–425, title V, § 506, 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.)
§ 10267. Support services
(a) General services
(b) Accounting, research, and technology assessment services
(c) Additional support
(d) Mails
(e) Experts and consultants
(Pub. L. 97–425, title V, § 507, 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. 1330–250.)
§ 10268. Report

The Board shall report not less than 2 times per year to Congress and the Secretary its findings, conclusions, and recommendations. The first such report shall be submitted not later than 12 months after December 22, 1987.

(Pub. L. 97–425, title V, § 508, 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. 1330–250.)
§ 10269. Authorization of appropriations

Notwithstanding subsection (d) of section 10222 of this title

(Pub. L. 97–425, title V, § 509, 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. 1330–251.)
§ 10270. Termination of Board

The Board shall cease to exist not later than 1 year after the date on which the Secretary begins disposal of high-level radioactive waste or spent nuclear fuel in a repository.

(Pub. L. 97–425, title V, § 510, 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. 1330–251.)