---
kind: "section"
citation: "42 U.S.C. § 10173b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10173b"
heading: "Review Panel"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10173b"
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 F — Benefits"
---

# §10173b. Review Panel

- (a) **In general—** The Review Panel required to be established by [section 10173a(b)(1) of this title](/usc/42/10173a.md?p=b-1) shall consist of a Chairman selected by the [Secretary](/usc/42/10101.md?p=20) in consultation with the [Governor](/usc/42/10101.md?p=14) of the [State](/usc/42/10101.md?p=24) or governing body of the [Indian tribe](/usc/42/10101.md?p=15), as appropriate, that is party to such agreement and 6 other members as follows:
  - (1) 2 members selected by the [Governor](/usc/42/10101.md?p=14) of such [State](/usc/42/10101.md?p=24) or governing body of such [Indian tribe](/usc/42/10101.md?p=15);
  - (2) 2 members selected by units of local government affected by the [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34);
  - (3) 1 member to represent persons making payments into the [Waste Fund](/usc/42/10101.md?p=29), to be selected by the [Secretary](/usc/42/10101.md?p=20); and
  - (4) 1 member to represent other public interests, to be selected by the [Secretary](/usc/42/10101.md?p=20).
- (b) **Terms—**
  - (1) The members of the Review Panel shall serve for terms of 4 years each.
  - (2) Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other expenses while engaged in the work of the Review Panel.
  - (3) Expenses of the Panel shall be paid by the [Secretary](/usc/42/10101.md?p=20) from the [Waste Fund](/usc/42/10101.md?p=29).
- (c) **Duties—** The Review Panel shall—
  - (1) advise the [Secretary](/usc/42/10101.md?p=20) on matters relating to the proposed [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34), including issues relating to design, [construction](/usc/42/300s–3.md?p=7), operation, and decommissioning of the facility;
  - (2) evaluate performance of the [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34), as it considers appropriate;
  - (3) recommend corrective actions to the [Secretary](/usc/42/10101.md?p=20);
  - (4) assist in the presentation of [State](/usc/42/10101.md?p=24) or [affected Indian tribe](/usc/42/10101.md?p=2) and local perspectives to the [Secretary](/usc/42/10101.md?p=20); and
  - (5) participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community.
- (d) **Information—** The [Secretary](/usc/42/10101.md?p=20) shall promptly[^1] make available promptly[^1] any information in the [Secretary](/usc/42/10101.md?p=20)’s possession requested by the Panel or its Chairman.
- (e) **Chapter 10 of title 5—** The requirements of [chapter 10](/usc/5/chptI/ch10.md) of title 5 shall not apply to a Review Panel established under this subchapter.

## Footnotes

[^1]: So in original.

## Source credit

(Pub. L. 97–425, title I, § 172, 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, § 5031, Dec. 22, 1987, 101 Stat. 1330–239; amended Pub. L. 117–286, § 4(a)(272), Dec. 27, 2022, 136 Stat. 4335.)

## Notes

### Editorial Notes

### Codification

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

### Amendments

2022—Subsec. (e). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “the Federal Advisory Committee Act” in text.