Sec. 205. Nuclear Waste Oversight Board
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There is established an independent establishment in the executive branch, to be known as the Nuclear Waste Oversight Board — to oversee— the receipt, disbursement, and use of funds in the Working Capital Fund and the Nuclear Waste Fund; the adequacy of the fees collected under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) ) to ensure the full recovery of the costs incurred by the Federal Government in carrying out activities under this Act and the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ); and the performance of the Administrator in— fulfilling contracts with contract holders; and complying with the mission plan; to review the annual management reports and financial statements submitted by the Administrator under section 505; to review, on an ongoing basis— the progress made by the Administrator in siting, constructing, and operating nuclear waste facilities under this Act; the use of funds made available to the Administrator under this Act; whether the fees collected from contract holders are sufficient to ensure full cost recovery or require adjustment; and the liability of the United States to contract holders; to identify any problems that may impede the implementation of this Act; and to recommend to the Administrator, the President, or Congress, as appropriate, any actions that may be needed to ensure the implementation of this Act.
The Oversight Board shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate, from among prominent United States citizens of integrity and reputation who, based on the training, experience, and attainments of the individuals, are exceptionally well qualified to evaluate and oversee the administration of this Act. Not more than 3 members of the Oversight Board may be members of the same political party. Except as provided in paragraphs
(2)and (3), each member shall serve a term of 5 years. The term of the first 5 members appointed to the Oversight Board shall be treated as having started on the first July 1 after the date of enactment of this Act. Of the 5 members first appointed to the Board under subparagraph (A)— 1 shall be appointed for a term of 1 year; 1 shall be appointed for a term of 2 years; 1 shall be appointed for a term of 3 years; 1 shall be appointed for a term of 4 years; and 1 shall be appointed for a term of 5 years. Subject to subparagraph (B), a member of the Oversight Board may continue to serve after the expiration of the term of the member until a successor is appointed, has been confirmed, and has taken the oath of office. No member of the Oversight Board may serve beyond the end of the session of the Congress in which the term of the member expires. A member of the Oversight Board appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of the term of the predecessor. A member of the Oversight Board may be reappointed for an additional term by the President, by and with the advice and consent of the Senate. The President may remove any member of the Oversight Board for inefficiency, neglect of duty, or malfeasance in office. The President shall designate 1 member of the Oversight Board as Chair of the Oversight Board. The Chair designated under subsection
(f)may from time to time designate any other member of the Oversight Board to act in the place and stead of the Chair during the absence. 3 members of the Oversight Board shall constitute a quorum for the purpose of doing business. Each member of the Oversight Board, including the Chair, shall have— equal responsibility and authority in all decisions and actions of the Oversight Board; full access to all information relating to the performance of the duties and responsibilities of the member; and 1 vote. Notwithstanding any applicable Federal ethics law, no member of the Oversight Board shall— be employed by the Administration or the Department of Energy; or have a financial interest in (including an employment relationship with) any contract holder or contractor of the Administration. Each member of the Oversight Board shall be paid at the rate of pay payable for level III of the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code, for each day (including travel time) the member is engaged in the work of the Oversight Board. Each member of the Oversight Board may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. The Oversight Board shall meet at least once every 90 days. The Oversight Board shall report the findings, conclusions, and recommendations of the Oversight Board to the Administrator, the President, and Congress not less than once per year. Not later than 45 days after the date on which the Oversight Board submits a report to the Administrator under subsection (m), the Administrator shall transmit to the Oversight Board, in writing— a statement of whether the Administrator accepts or rejects, in whole or in part, the recommendations submitted by the Oversight Board; a description of the actions taken in response to the recommendations (or an explanation of the reasons for not acting on the recommendations); and the views of the Administrator on the recommendations. The Administrator shall make all reports under subsection
(m)and all responses from the Administrator under subsection
(n)available to the public. The Oversight Board shall appoint and fix the compensation of an Executive Secretary, who shall— assemble and maintain the reports, records, and other papers of the Oversight Board; and perform such functions as the Oversight Board shall from time to time assign or delegate to the Executive Secretary. The Oversight Board may appoint and fix the compensation of such additional clerical and professional staff as may be necessary to discharge the responsibilities of the Oversight Board. The Oversight Board may appoint not more than 10 clerical or professional staff members under this subsection. The clerical and professional staff of the Oversight Board shall be under the supervision and direction of the Executive Secretary. Clerical staff shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule rates. Professional staff members may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the maximum rate of pay under the General Schedule. The Administrator shall keep the Oversight Board fully and currently informed on all of the activities of the Administration. The Administrator shall provide the Oversight Board with any records, files, papers, data, or information requested by the Oversight Board. To the extent permitted by law and requested by the Oversight Board, the Administrator of General Services shall provide the Oversight Board with necessary administrative services, facilities, and support on a reimbursable basis. Nothing in this section gives the Oversight Board jurisdiction to regulate the activities of the Administration to protect the health and safety of the public or the environment. There are authorized to be appropriated to the Oversight Board from amounts in the Nuclear Waste Fund such sums as are necessary to carry out this section.
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