---
kind: "section"
citation: "42 U.S.C. § 10262"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10262"
heading: "Nuclear Waste Technical Review Board"
release: "119-102"
url: "https://uscodex.org/usc/42/10262"
units:
  - "Chapter 108 — Nuclear Waste Policy"
  - "Subchapter V — Nuclear Waste Technical Review Board"
---

# §10262. Nuclear Waste Technical Review Board

- (a) **Establishment—** There is established a Nuclear Waste Technical Review [Board](/usc/42/10261.md?p=2) that shall be an independent establishment within the executive branch.
- (b) **Members—**
  - (1) The [Board](/usc/42/10261.md?p=2) shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among [persons](/usc/42/1320a–7k.md?p=d-4-C-i) nominated by the National Academy of Sciences in accordance with [paragraph (3)](#b-3).
  - (2) The President shall designate a member of the [Board](/usc/42/10261.md?p=2) to serve as [chairman](/usc/42/10261.md?p=1).
  - (3)
    - (A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 [persons](/usc/42/1320a–7k.md?p=d-4-C-i) for appointment to the [Board](/usc/42/10261.md?p=2) from among [persons](/usc/42/1320a–7k.md?p=d-4-C-i) who meet the qualifications described in [subparagraph (C)](#b-3-C).
    - (B) The National Academy of Sciences shall nominate not less than 2 [persons](/usc/42/1320a–7k.md?p=d-4-C-i) to fill any vacancy on the [Board](/usc/42/10261.md?p=2) from among [persons](/usc/42/1320a–7k.md?p=d-4-C-i) who meet the qualifications described in [subparagraph (C)](#b-3-C).
    - (C)
      - (i) Each [person](/usc/42/1320a–7k.md?p=d-4-C-i) nominated for appointment to the [Board](/usc/42/10261.md?p=2) 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](/usc/42/10261.md?p=2) shall be [representative](/usc/42/3058f.md?p=5) of the broad range of scientific and engineering disciplines related to activities under this subchapter.
      - (iii) No [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall be nominated for appointment to the [Board](/usc/42/10261.md?p=2) who is an [employee](/usc/42/1320a–7h.md?p=e-7) of—
        - (I) the [Department](/usc/42/10101.md?p=8) of [Energy](/usc/42/6311.md?p=7);
        - (II) a [national laboratory](/usc/42/7381c–1.md?p=a-3) under contract with the [Department](/usc/42/10101.md?p=8) of [Energy](/usc/42/6311.md?p=7); or
        - (III) an entity performing [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) activities under contract with the [Department](/usc/42/10101.md?p=8) of [Energy](/usc/42/6311.md?p=7).
  - (4) Any vacancy on the [Board](/usc/42/10261.md?p=2) shall be filled by the nomination and appointment process described in paragraphs [(1)](#b-1) and [(3)](#b-3).
  - (5) Members of the [Board](/usc/42/10261.md?p=2) 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](/usc/42/10261.md?p=2), 5 shall serve for 2 years and 6 shall serve for 4 years, to be designated by the President at the time of appointment.

## Source credit

(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.)

## Notes

### 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 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.”