42 U.S.C. § 4365 — Science Advisory Board

Page 6151 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4365 tion Act of 1978, and not as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. § 4365. Science Advisory Board (a) Establishment; requests for advice by Admin- istrator of Environmental Protection Agency and Congressional committees The Administrator of the Environmental Pro- tection Agency shall establish a Science Advi- sory Board which shall provide such scientific advice as may be requested by the Adminis- trator, the Committee on Environment and Pub- lic Works of the United States Senate, or the Committee on Science, Space, and Technology, on Energy and Commerce, or on Public Works and Transportation of the House of Representa- tives. (b) Membership; Chairman; meetings; qualifica- tions of members Such Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman of the Board in consultation with the Adminis- trator. Each member of the Board shall be quali- fied by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. (c) Proposed environmental criteria document, standard, limitation, or regulation; functions respecting in conjunction with Administrator (1) The Administrator, at the time any pro- posed criteria document, standard, limitation, or regulation under the Clean Air Act [42 U.S.C. 7401 et seq.], the Federal Water Pollution Con- trol Act [33 U.S.C. 1251 et seq.], the Resource Conservation and Recovery Act of 1976 [42 U.S.C. 6901 et seq.], the Noise Control Act [42 U.S.C. 4901 et seq.], the Toxic Substances Control Act [15 U.S.C. 2601 et seq.], or the Safe Drinking Water Act [42 U.S.C. 300f et seq.], or under any other authority of the Administrator, is pro- vided to any other Federal agency for formal re- view and comment, shall make available to the Board such proposed criteria document, stand- ard, limitation, or regulation, together with rel- evant scientific and technical information in the possession of the Environmental Protection Agency on which the proposed action is based. (2) The Board may make available to the Ad- ministrator, within the time specified by the Administrator, its advice and comments on the adequacy of the scientific and technical basis of the proposed criteria document, standard, limi- tation, or regulation, together with any perti- nent information in the Board’s possession. (d) Utilization of technical and scientific capa- bilities of Federal agencies and national en- vironmental laboratories for determining adequacy of scientific and technical basis of proposed criteria document, etc. In preparing such advice and comments, the Board shall avail itself of the technical and sci- entific capabilities of any Federal agency, in- cluding the Environmental Protection Agency and any national environmental laboratories. (e) Committees (1) Member committees (A) In general The Board is authorized to establish such member committees and investigative pan- els as the Administrator and the Board de- termine to be necessary to carry out this section. (B) Chairmanship Each member committee or investigative panel established under this subsection shall be chaired by a member of the Board. (2) Agriculture-related committees (A) In general The Administrator and the Board— (i) shall establish a standing agriculture- related committee; and (ii) may establish such additional agri- culture-related committees and investiga- tive panels as the Administrator and the Board determines to be necessary to carry out the duties under subparagraph (C). (B) Membership The standing committee and each agri- culture-related committee or investigative panel established under subparagraph (A) shall be— (i) composed of— (I) such quantity of members as the Administrator and the Board determines to be necessary; and (II) individuals who are not members of the Board on the date of appointment to the committee or investigative panel; and (ii) appointed by the Administrator and the Board, in consultation with the Sec- retary of Agriculture. (C) Duties The agriculture-related standing com- mittee and each additional committee and investigative panel established under sub- paragraph (A) shall provide scientific and technical advice to the Board relating to matters referred to the Board that the Ad- ministrator and the Board determines, in consultation with the Secretary of Agri- culture, to have a significant direct impact on enterprises that are engaged in the busi- ness of the production of food and fiber, ranching and raising livestock, aquaculture, and all other farming- and agriculture-re- lated industries. (f) Appointment and compensation of secretary and other personnel; compensation of mem- bers (1) Upon the recommendation of the Board, the Administrator shall appoint a secretary, and such other employees as deemed necessary to exercise and fulfill the Board’s powers and re- sponsibilities. The compensation of all employ- ees appointed under this paragraph shall be fixed in accordance with chapter 51 and sub- chapter III of chapter 53 of title 5. (2) Members of the Board may be compensated at a rate to be fixed by the President but not in Page 6152 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4365 excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5. (g) Consultation and coordination with Scientific Advisory Panel In carrying out the functions assigned by this section, the Board shall consult and coordinate its activities with the Scientific Advisory Panel established by the Administrator pursuant to section 136w(d) of title 7. (h) Public participation and transparency The Board shall make every effort, consistent with applicable law, including section 552 of title 5 (commonly known as the ‘‘Freedom of In- formation Act’’) and section 552a of title 5 (com- monly known as the ‘‘Privacy Act’’), to maxi- mize public participation and transparency, in- cluding making the scientific and technical ad- vice of the Board and any committees or inves- tigative panels of the Board publically available in electronic form on the website of the Envi- ronmental Protection Agency. (i) Report to Congress The Administrator shall annually report to the Committees on Environment and Public Works and Agriculture of the Senate and the Committees on Transportation and Infrastruc- ture, Energy and Commerce, and Agriculture of the House of Representatives regarding the membership and activities of the standing agri- culture-related committee established pursuant to subsection (e)(2)(A)(i). (Pub. L. 95–155, § 8, Nov. 8, 1977, 91 Stat. 1260; Pub. L. 96–569, § 3, Dec. 22, 1980, 94 Stat. 3337; Pub. L. 103–437, § 15(o), Nov. 2, 1994, 108 Stat. 4593; Pub. L. 104–66, title II, § 2021(k)(3), Dec. 21, 1995, 109 Stat. 728; Pub. L. 113–79, title XII, § 12307, Feb. 7, 2014, 128 Stat. 989.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (c)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (c)(1), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For com- plete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Ta- bles. The Resource Conservation and Recovery Act of 1976, referred to in subsec. (c)(1), is Pub. L. 94–580, Oct. 21, 1976, 90 Stat. 2796, which is classified generally to chap- ter 82 (§ 6901 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title of 1976 Amendment note set out under section 6901 of this title and Tables. The Noise Control Act, referred to in subsec. (c)(1), probably means the Noise Control Act of 1972, Pub. L. 92–574, Oct. 27, 1972, 86 Stat. 1234, which is classified principally to chapter 65 (§ 4901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4901 of this title and Tables. The Toxic Substances Control Act, referred to in sub- sec. (c)(1), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Safe Drinking Water Act, referred to in subsec. (c)(1), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classi- fied generally to subchapter XII (§ 300f et seq.) of chap- ter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 201 of this title and Tables. CODIFICATION Section was enacted as part of the Environmental Re- search, Development, and Demonstration Authoriza- tion Act of 1978, and not as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. AMENDMENTS 2014—Subsec. (e). Pub. L. 113–79, § 12307(1), added sub- sec. (e) and struck out former subsec. (e). Text read as follows: ‘‘The Board is authorized to constitute such member committees and investigative panels as the Administrator and the Board find necessary to carry out this section. Each such member committee or in- vestigative panel shall be chaired by a member of the Board.’’ Subsecs. (h), (i). Pub. L. 113–79, § 12307(2), added sub- secs. (h) and (i). 1995—Subsecs. (c) to (i). Pub. L. 104–66 redesignated subsecs. (e) to (i) as (c) to (g), respectively, and struck out former subsec. (c) which read as follows: ‘‘In addi- tion to providing scientific advice when requested by the Administrator under subsection (a) of this section, the Board shall review and comment on the Adminis- tration’s five-year plan for environmental research, de- velopment, and demonstration provided for by section 4361 of this title and on each annual revision thereof. Such review and comment shall be transmitted to the Congress by the Administrator, together with his com- ments thereon, at the time of the transmission to the Congress of the annual revision involved.’’ 1994—Subsec. (a). Pub. L. 103–437, § 15(o)(1), sub- stituted ‘‘Committee on Science, Space, and Tech- nology, on Energy and Commerce, or on’’ for ‘‘Commit- tees on Science and Technology, Interstate and Foreign Commerce, or’’. Subsec. (d). Pub. L. 103–437, § 15(o)(2), struck out sub- sec. (d) which related to review and report to Adminis- trator, President, and Congress on health effects re- search. 1980—Subsec. (a). Pub. L. 96–569 inserted provisions relating to requests by the enumerated Congressional committees. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Commerce of House of Rep- resentatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdic- tion over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Con- gress, Jan. 3, 2001. Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- Page 6153 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4366a 1 See References in Text note below. riod beginning on the date of their establishment, un- less, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board estab- lished by the Congress, its duration is otherwise pro- vided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4366. Identification and coordination of re- search, development, and demonstration ac- tivities (a) Consultation and cooperation of Adminis- trator of Environmental Protection Agency with heads of Federal agencies; inclusion of activities in annual revisions of plan for re- search, etc. The Administrator of the Environmental Pro- tection Agency, in consultation and cooperation with the heads of other Federal agencies, shall take such actions on a continuing basis as may be necessary or appropriate— (1) to identify environmental research, de- velopment, and demonstration activities, within and outside the Federal Government, which may need to be more effectively coordi- nated in order to minimize unnecessary dupli- cation of programs, projects, and research fa- cilities; (2) to determine the steps which might be taken under existing law, by him and by the heads of such other agencies, to accomplish or promote such coordination, and to provide for or encourage the taking of such steps; and (3) to determine the additional legislative actions which would be needed to assure such coordination to the maximum extent possible. The Administrator shall include in each annual revision of the five-year plan provided for by section 4361 1 of this title a full and complete re- port on the actions taken and determinations made during the preceding year under this sub- section, and may submit interim reports on such actions and determinations at such other times as he deems appropriate. (b) Coordination of programs by Administrator The Administrator of the Environmental Pro- tection Agency shall coordinate environmental research, development, and demonstration pro- grams of such Agency with the heads of other Federal agencies in order to minimize unneces- sary duplication of programs, projects, and re- search facilities. (c) Joint study by Council on Environmental Quality in consultation with Office of Science and Technology Policy for coordina- tion of activities; report to President and Congress; report by President to Congress on implementation of joint study and report (1) In order to promote the coordination of en- vironmental research and development activi- ties, and to assure that the action taken and methods used (under subsection (a) and other- wise) to bring about such coordination will be as effective as possible for that purpose, the Coun- cil on Environmental Quality in consultation with the Office of Science and Technology Pol- icy shall promptly undertake and carry out a joint study of all aspects of the coordination of environmental research and development. The Chairman of the Council shall prepare a report on the results of such study, together with such recommendations (including legislative rec- ommendations) as he deems appropriate, and shall submit such report to the President and the Congress not later than May 31, 1978. (2) Not later than September 30, 1978, the President shall report to the Congress on steps he has taken to implement the recommenda- tions included in the report under paragraph (1), including any recommendations he may have for legislation. (Pub. L. 95–155, § 9, Nov. 8, 1977, 91 Stat. 1261.) Editorial Notes REFERENCES IN TEXT Section 4361 of this title, referred to in subsec. (a), was repealed by Pub. L. 104–66, title II, § 2021(k)(1), Dec. 21, 1995, 109 Stat. 728. CODIFICATION Section was enacted as part of the Environmental Re- search, Development, and Demonstration Authoriza- tion Act of 1978, and not as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. Statutory Notes and Related Subsidiaries COORDINATION OF ENVIRONMENTAL RESEARCH, DEVELOP- MENT, AND DEMONSTRATION EFFORTS; STUDY AND RE- PORT Pub. L. 95–477, § 3(c), Oct. 18, 1978, 92 Stat. 1509, au- thorized to be appropriated to the Environmental Pro- tection Agency for the fiscal year 1979, $1,000,000, and for the fiscal year 1980, $1,000,000, for a study and re- port, under a contract let by the Administrator, to be conducted outside the Federal Government, on coordi- nation of the Federal Government’s efforts in environ- mental research, development, and demonstration, and the application of the results of such efforts to environ- mental problems, with the report on the study sub- mitted to the President, the Administrator, and the Congress within two years after Oct. 18, 1978, accom- panied by recommendations for action by the Presi- dent, the Administrator, other agencies, or the Con- gress, as may be appropriate. § 4366a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 101–617, § 4, Nov. 16, 1990, 104 Stat. 3287, which related to development of data base of envi-