procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
‘‘SEC. 410. SEPARABILITY.
‘‘If any provision of this Act, or the application of such
provision to any person or circumstance, is held to be in-
valid, the remainder of this Act, or the application of such
provision to persons or circumstances other than those as
to which it is held to be invalid, shall not be affected there-
by.
‘‘TITLE V—NUCLEAR WASTE
TECHNICAL REVIEW BOARD
‘‘SEC. 501. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) CHAIRMAN.—The term ‘Chairman’ means
the Chairman of the Nuclear Waste Technical Review
Board.
‘‘(2) BOARD.—The term ‘Board’ means the Nu-
clear Waste Technical Review Board continued under
section 502.
‘‘SEC. 502. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
‘‘(a) CONTINUATION OF NUCLEAR WASTE TECHNICAL
REVIEW BOARD.—The Nuclear Waste Technical Review
Board, established under section 502(a) of the Nuclear
Waste Policy Act of 1982 as constituted before the date of
enactment of this Act, shall continue in effect subsequent
to the date of enactment of this Act.
‘‘(b) MEMBERS.—
‘‘(1) NUMBER.—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) CHAIR.—The President shall designate a
member of the Board to serve as Chairman.
‘‘(3) NATIONAL ACADEMY OF SCIENCES.—
‘‘(A) NOMINATIONS.—The National Acad-
emy 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 de-
scribed in subparagraph (C).
‘‘(B) VACANCIES.—The National Academy
of Sciences shall nominate not less than 2 per-
sons to fill any vacancy on the Board from
among persons who meet the qualifications de-
scribed in subparagraph (C).
‘‘(C) NOMINEES.—
‘‘(i) Each person nominated for ap-
pointment to the Board shall be—
‘‘(I) eminent in a field of science
or 
engineering, 
including 
environ-
mental sciences; and
‘‘(II) selected solely on the basis of
established records of distinguished
service.
‘‘(ii) The membership of the Board
shall be representatives of the broad range of
scientific and engineering disciplines re-
lated to activities under this title.
‘‘(iii) No person shall be nominated for
appointment to the Board who is an em-
ployee of—
‘‘(I) the Department of Energy;
‘‘(II) a national laboratory under
contract with the Department of En-
ergy; or
‘‘(III) an entity performing spent
nuclear fuel or high-level radioactive
waste activities under contract with
the Department of Energy.
‘‘(4) VACANCIES.—Any vacancy on the Board
shall be filled by the nomination and appointment
process described in paragraphs (1) and (3).
‘‘(5) TERMS.—Members of the Board shall be ap-
pointed for terms of 4 years, each such term to com-
mence 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 ap-
pointment, except that a member of the Board whose
term has expired may continue to serve as a member
of the Board until such member’s successor has taken
office.
‘‘SEC. 503. FUNCTIONS.
‘‘The Board shall evaluate the technical and scientific
validity of activities undertaken by the Secretary after De-
cember 22, 1987, including—
‘‘(1) site characterization activities; and
‘‘(2) activities relating to the packaging or trans-
portation of spent nuclear fuel or high-level radio-
active waste.
‘‘SEC. 504. INVESTIGATORY POWERS.
‘‘(a) HEARINGS.—Upon request of the Chairman or a
majority of the members of the Board, the Board may hold
such hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Board con-
siders appropriate. Any member of the Board may admin-
ister oaths or affirmations to witnesses appearing before the
Board.
‘‘(b) PRODUCTION OF DOCUMENTS.—
‘‘(1) RESPONSE
TO
INQUIRIES.—Upon the re-
quest of the Chairman or a majority of the members
of the Board, and subject to existing law, the Sec-
retary (or any contractor of the Secretary) shall pro-
vide the Board with such records, files, papers, data,
or information as may be necessary to respond to any
inquiry of the Board under this title.
‘‘(2) EXTENT.—Subject to existing law, informa-
tion obtainable under paragraph (1) shall not be lim-
ited to final work products of the Secretary, but shall
include drafts of such products and documentation of
work in progress.
‘‘SEC. 505. COMPENSATION OF MEMBERS.
‘‘(a) IN GENERAL.—Each member of the Board shall,
subject to appropriations, be paid at the rate of pay payable
for level III of the Executive Schedule for each day (includ-
ing travel time) such member is engaged in the work of the
Board.
‘‘(b) TRAVEL EXPENSES.—Each member of the Board
may receive travel expenses, including per diem in lieu of
subsistence, in the same manner as is permitted under sec-
tions 5702 and 5703 of title 5, United States Code.