
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10163]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
                  Part C--Monitored Retrievable Storage
 
Sec. 10163. Monitored Retrievable Storage Commission


(a) \1\ Establishment
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    \1\ So in original. No subsec. (b) has been enacted.
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    (1)(A) There is established a Monitored Retrievable Storage Review 
Commission (hereinafter in this section referred to as the ``MRS 
Commission''), that shall consist of 3 members who shall be appointed by 
and serve at the pleasure of the President pro tempore of the Senate and 
the Speaker of the House of Representatives.
    (B) Members of the MRS Commission shall be appointed not later than 
30 days after December 22, 1987, from among persons who as a result of 
training, experience and attainments are exceptionally well qualified to 
evaluate the need for a monitored retrievable storage facility as a part 
of the Nation's nuclear waste management system.
    (C) The MRS Commission shall prepare a report on the need for a 
monitored retrievable storage facility as a part of a national nuclear 
waste management system that achieves the purposes of this chapter. In 
preparing the report under this subparagraph, the MRS Commission shall--
        (i) review the status and adequacy of the Secretary's evaluation 
    of the systems advantages and disadvantages of bringing such a 
    facility into the national nuclear waste disposal system;
        (ii) obtain comment and available data on monitored retrievable 
    storage from affected parties, including States containing 
    potentially acceptable sites;
        (iii) evaluate the utility of a monitored retrievable storage 
    facility from a technical perspective; and
        (iv) make a recommendation to Congress as to whether such a 
    facility should be included in the national nuclear waste management 
    system in order to achieve the purposes of this chapter, including 
    meeting needs for packaging and handling of spent nuclear fuel, 
    improving the flexibility of the repository development schedule, 
    and providing temporary storage of spent nuclear fuel accepted for 
    disposal.

    (2) In preparing the report and making its recommendation under 
paragraph (1) the MRS Commission shall compare such a facility to the 
alternative of at-reactor storage of spent nuclear fuel prior to 
disposal of such fuel in a repository under this chapter. Such 
comparison shall take into consideration the impact on--
        (A) repository design and construction;
        (B) waste package design, fabrication and standardization;
        (C) waste preparation;
        (D) waste transportation systems;
        (E) the reliability of the national system for the disposal of 
    radioactive waste;
        (F) the ability of the Secretary to fulfill contractual 
    commitments of the Department under this chapter to accept spent 
    nuclear fuel for disposal; and
        (G) economic factors, including the impact on the costs likely 
    to be imposed on ratepayers of the Nation's electric utilities for 
    temporary at-reactor storage of spent nuclear fuel prior to final 
    disposal in a repository, as well as the costs likely to be imposed 
    on ratepayers of the Nation's electric utilities in building and 
    operating such a facility.

    (3) The report under this subsection, together with the 
recommendation of the MRS Commission, shall be transmitted to Congress 
on November 1, 1989.
    (4)(A)(i) Each member of the MRS Commission shall be paid at the 
rate provided for level III of the Executive Schedule for each day 
(including travel time) such member is engaged in the work of the MRS 
Commission, and shall receive travel expenses, including per diem in 
lieu of subsistence in the same manner as is permitted under sections 
5702 and 5703 of title 5.
    (ii) The MRS Commission may appoint and fix compensation, not to 
exceed the rate of basic pay payable for GS-18 of the General Schedule, 
for such staff as may be necessary to carry out its functions.
    (B)(i) The MRS Commission may hold hearings, sit and act at such 
times and places, take such testimony and receive such evidence as the 
MRS Commission considers appropriate. Any member of the MRS Commission 
may administer oaths or affirmations to witnesses appearing before the 
MRS Commission.
    (ii) The MRS Commission may request any Executive agency, including 
the Department, to furnish such assistance or information, including 
records, data, files, or documents, as the Commission considers 
necessary to carry out its functions. Unless prohibited by law, such 
agency shall promptly furnish such assistance or information.
    (iii) To the extent permitted by law, the Administrator of the 
General Services Administration shall, upon request of the MRS 
Commission, provide the MRS Commission with necessary administrative 
services, facilities, and support on a reimbursable basis.
    (iv) The MRS Commission may procure temporary and intermittent 
services from experts and consultants to the same extent as is 
authorized by section 3109(b) of title 5 at rates and under such rules 
as the MRS Commission considers reasonable.
    (C) The MRS Commission shall cease to exist 60 days after the 
submission to Congress of the report required under this subsection.

(Pub. L. 97-425, title I, Sec. 143, as added Pub. L. 100-202, 
Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104, 
1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101 Stat. 
1330-232; amended Pub. L. 100-507, Sec. 2, Oct. 18, 1988, 102 Stat. 
2541.)

                       References in Text

    Level III of the Executive Schedule, referred to in subsec. 
(a)(4)(A)(i), is set out in section 5314 of Title 5, Government 
Organization and Employees.

                          Codification

    Pub. L. 100-202 and Pub. L. 100-203 added identical sections.


                               Amendments

    1988--Subsec. (a)(3). Pub. L. 100-507 amended par. (3) generally. 
Prior to amendment, par. (3) read as follows: ``The report under this 
subsection, together with the recommendation of the MRS Commission, 
shall be transmitted to Congress on June 1, 1989.''


         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 Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in sections 10162, 10164 of this title.
