---
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"
date: "2026-07-12"
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 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 for appointment to the [Board](/usc/42/10261.md?p=2) from among persons who meet the qualifications described in [subparagraph (C)](#b-3-C).
    - (B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the [Board](/usc/42/10261.md?p=2) from among persons who meet the qualifications described in [subparagraph (C)](#b-3-C).
    - (C)
      - (i) Each person 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 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](/usc/42/10261.md?p=2) who is an employee of—
        - (I) the [Department](/usc/42/10101.md?p=8) of Energy;
        - (II) a national laboratory under contract with the [Department](/usc/42/10101.md?p=8) of Energy; 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.
  - (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.”