42 USC § 10173b - Review Panel

---
identifier: "/us/usc/t42/s10173b"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 10173b - Review Panel"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "10173b"
section_name: "Review Panel"
chapter_number: 108
chapter_name: "NUCLEAR WASTE POLICY"
subchapter_number: "I"
subchapter_name: "DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE"
part_number: "F"
part_name: "Benefits"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 10173b. Review Panel

**(a)** **In general** The Review Panel required to be established by section 10173a(b)(1) of this title shall consist of a Chairman selected by the Secretary in consultation with the Governor of the State or governing body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows:

**(1)** 2 members selected by the Governor of such State or governing body of such Indian tribe;

**(2)** 2 members selected by units of local government affected by the repository or monitored retrievable storage facility;

**(3)** 1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and

**(4)** 1 member to represent other public interests, to be selected by the Secretary.

**(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 from the Waste Fund.

**(c)** **Duties** The Review Panel shall—

**(1)** advise the Secretary on matters relating to the proposed repository or monitored retrievable storage facility, including issues relating to design, construction, operation, and decommissioning of the facility;

**(2)** evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate;

**(3)** recommend corrective actions to the Secretary;

**(4)** assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; 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.

**1** **Information** [^1][^1]

The Secretary shall promptly  make available promptly  any information in the Secretary’s possession requested by the Panel or its Chairman.

So in original.

**(e)** **Chapter 10 of title 5** The requirements of chapter 10 of title 5 shall not apply to a Review Panel established under this subchapter.

---

**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.)

## Editorial Notes

### Codification

and  added identical sections.

### Amendments

2022—Subsec. (e).  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.