There is established a Nuclear Waste Technical Review Board that shall be an independent establishment within the executive branch.
(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.
(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).
(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. 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.”
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