---
kind: "section"
citation: "42 U.S.C. § 10163"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10163"
heading: "Monitored Retrievable Storage Commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10163"
units:
  - "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"
---

# §10163. Monitored Retrievable Storage Commission

- (a) **1 Establishment—**
  - (1)
    - (A) There is established a Monitored Retrievable [Storage](/usc/42/10101.md?p=25) Review [Commission](/usc/42/10101.md?p=7) (hereinafter in this section referred to as the “MRS [Commission](/usc/42/10101.md?p=7)”), 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](/usc/42/10101.md?p=7) 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](/usc/42/10101.md?p=34) as a part of the Nation’s nuclear waste management system.
    - (C) The MRS [Commission](/usc/42/10101.md?p=7) shall prepare a report on the need for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) 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](/usc/42/10101.md?p=7) shall—
      - (i) review the status and adequacy of the [Secretary](/usc/42/10101.md?p=20)’s evaluation of the systems advantages and disadvantages of bringing such a facility into the national nuclear waste [disposal](/usc/42/10101.md?p=9) system;
      - (ii) obtain comment and available data on monitored retrievable [storage](/usc/42/10101.md?p=25) from affected parties, including [States](/usc/42/10101.md?p=24) containing potentially acceptable sites;
      - (iii) evaluate the utility of a [monitored retrievable storage facility](/usc/42/10101.md?p=34) 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](/usc/42/10101.md?p=23), improving the flexibility of the [repository](/usc/42/10101.md?p=18) development schedule, and providing temporary [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) accepted for [disposal](/usc/42/10101.md?p=9).
  - (2) In preparing the report and making its recommendation under [paragraph (1)](#a-1) the MRS [Commission](/usc/42/10101.md?p=7) shall compare such a facility to the alternative of at-reactor [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) prior to [disposal](/usc/42/10101.md?p=9) of such fuel in a [repository](/usc/42/10101.md?p=18) under this chapter. Such comparison shall take into consideration the impact on—
    - (A) [repository](/usc/42/10101.md?p=18) design and [construction](/usc/42/300s–3.md?p=7);
    - (B) waste [package](/usc/42/10101.md?p=10) design, fabrication and standardization;
    - (C) waste preparation;
    - (D) waste transportation systems;
    - (E) the reliability of the national system for the [disposal](/usc/42/10101.md?p=9) of radioactive waste;
    - (F) the ability of the [Secretary](/usc/42/10101.md?p=20) to fulfill contractual commitments of the [Department](/usc/42/10101.md?p=8) under this chapter to accept [spent nuclear fuel](/usc/42/10101.md?p=23) for [disposal](/usc/42/10101.md?p=9); 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](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) prior to final [disposal](/usc/42/10101.md?p=9) in a [repository](/usc/42/10101.md?p=18), 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](/usc/42/10101.md?p=7), shall be transmitted to Congress on November 1, 1989.
  - (4)
    - (A)
      - (i) Each member of the MRS [Commission](/usc/42/10101.md?p=7) 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](/usc/42/10101.md?p=7), 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](/usc/42/10101.md?p=7) 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](/usc/42/10101.md?p=7) may hold hearings, sit and act at such times and places, take such testimony and receive such evidence as the MRS [Commission](/usc/42/10101.md?p=7) considers appropriate. Any member of the MRS [Commission](/usc/42/10101.md?p=7) may administer oaths or affirmations to witnesses appearing before the MRS [Commission](/usc/42/10101.md?p=7).
      - (ii) The MRS [Commission](/usc/42/10101.md?p=7) may request any Executive [agency](/usc/42/8262.md?p=1), including the [Department](/usc/42/10101.md?p=8), to furnish such assistance or information, including records, data, files, or documents, as the [Commission](/usc/42/10101.md?p=7) considers necessary to carry out its functions. Unless prohibited by law, such [agency](/usc/42/8262.md?p=1) shall promptly furnish such assistance or information.
      - (iii) To the extent permitted by law, the [Administrator](/usc/42/10101.md?p=1) of the General Services Administration shall, upon request of the MRS [Commission](/usc/42/10101.md?p=7), provide the MRS [Commission](/usc/42/10101.md?p=7) with necessary administrative services, facilities, and support on a reimbursable basis.
      - (iv) The MRS [Commission](/usc/42/10101.md?p=7) may procure temporary and intermittent services from experts and consultants to the same extent as is authorized by [section 3109(b) of title 5](/usc/5/3109.md?p=b) at rates and under such rules as the MRS [Commission](/usc/42/10101.md?p=7) considers reasonable.
    - (C) The MRS [Commission](/usc/42/10101.md?p=7) shall cease to exist 60 days after the submission to Congress of the report required under this subsection.

## Footnotes

[^1]: So in original. No subsec. (b) has been enacted.

## Source credit

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

## Notes

### Editorial Notes

### 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.”

### Statutory Notes and Related Subsidiaries

### 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.