
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10262]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
           SUBCHAPTER V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
 
Sec. 10262. Nuclear Waste Technical Review Board


(a) Establishment

    There is established a Nuclear Waste Technical 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 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, Sec. 502, as added Pub. L. 100-202, 
Sec. 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; 
Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat. 1330-248.)

                          Codification

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


            Continued Board Service After Expiration of Term

    Pub. L. 104-46, title V, Sec. 503, Nov. 13, 1995, 109 Stat. 419, 
provided that: ``Without fiscal year limitation and notwithstanding 
section 502(b)(5) of the Nuclear Waste Policy Act, as amended [42 U.S.C. 
10262(b)(5)], or any other provision of law, a member of the Nuclear 
Waste Technical Review Board whose term has expired may continue to 
serve as a member of the Board until such member's successor has taken 
office.''

                  Section Referred to in Other Sections

    This section is referred to in section 10261 of this title.
