42 U.S.C. § 7611 — Records and audit

Page 7398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7609 until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7609. Policy review (a) Environmental impact The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this chapter or other provi- sions of the authority of the Administrator, con- tained in any (1) legislation proposed by any Federal department or agency, (2) newly author- ized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 4332(2)(C) of this title applies, and (3) proposed regulations published by any department or agency of the Federal Government. Such writ- ten comment shall be made public at the conclu- sion of any such review. (b) Unsatisfactory legislation, action, or regula- tion In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environ- mental Quality. (July 14, 1955, ch. 360, title III, § 309, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1709.) Editorial Notes CODIFICATION Section was formerly classified to section 1857h–7 of this title. PRIOR PROVISIONS A prior section 309 of act July 14, 1955, ch. 360, title III, formerly § 13, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered § 306, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; renumbered § 309, Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 316, Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1705, related to appropriations and was classified to section 1857l of this title, prior to repeal by section 306 of Pub. L. 95–95. See section 7626 of this title. Statutory Notes and Related Subsidiaries MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7610. Other authority (a) Authority and responsibilities under other laws not affected Except as provided in subsection (b) of this section, this chapter shall not be construed as superseding or limiting the authorities and re- sponsibilities, under any other provision of law, of the Administrator or any other Federal offi- cer, department, or agency. (b) Nonduplication of appropriations No appropriation shall be authorized or made under section 241, 243, or 246 of this title for any fiscal year after the fiscal year ending June 30, 1964, for any purpose for which appropriations may be made under authority of this chapter. (July 14, 1955, ch. 360, title III, § 310, formerly § 10, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 401; renumbered § 303, Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 505; re- numbered § 310 and amended Pub. L. 91–604, §§ 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.) Editorial Notes CODIFICATION Section was formerly classified to section 1857i of this title. PRIOR PROVISIONS A prior section 310 of act July 14, 1955, was renum- bered section 317 by Pub. L. 91–604 and is set out as a Short Title note under section 7401 of this title. Provisions similar to those in subsec. (a) of this sec- tion were contained in section 1857f of this title, act July 14, 1955, ch. 360, § 7, 69 Stat. 323, prior to the gen- eral amendment of this chapter by Pub. L. 88–206. AMENDMENTS 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’. 1967—Subsec. (b). Pub. L. 90–148 substituted reference to section 246 of this title for reference to section 246(c) of this title. Statutory Notes and Related Subsidiaries MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7611. Records and audit (a) Recipients of assistance to keep prescribed records Each recipient of assistance under this chap- ter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such re- cipient of the proceeds of such assistance, the Page 7399 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7612 total cost of the project or undertaking in con- nection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) Audits The Administrator and the Comptroller Gen- eral of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examinations to any books, documents, papers, and records of the re- cipients that are pertinent to the grants re- ceived under this chapter. (July 14, 1955, ch. 360, title III, § 311, formerly § 11, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 401; renumbered § 304, Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 505; re- numbered § 311 and amended Pub. L. 91–604, §§ 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.) Editorial Notes CODIFICATION Section was formerly classified to section 1857j of this title. AMENDMENTS 1970—Pub. L. 91–604, § 15(c)(2), substituted ‘‘Adminis- trator’’ for ‘‘Secretary’’ and ‘‘Secretary of Health, Edu- cation, and Welfare’’. 1967—Pub. L. 90–148 reenacted section without change. Statutory Notes and Related Subsidiaries MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7612. Economic impact analyses (a) Cost-benefit analysis The Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Anal- ysis (as established under subsection (f) of this section), shall conduct a comprehensive analysis of the impact of this chapter on the public health, economy, and environment of the United States. In performing such analysis, the Admin- istrator should consider the costs, benefits and other effects associated with compliance with each standard issued for— (1) a criteria air pollutant subject to a standard issued under section 7409 of this title; (2) a hazardous air pollutant listed under section 7412 of this title, including any tech- nology-based standard and any risk-based standard for such pollutant; (3) emissions from mobile sources regulated under subchapter II of this chapter; (4) a limitation under this chapter for emis- sions of sulfur dioxide or nitrogen oxides; (5) a limitation under subchapter VI of this chapter on the production of any ozone-deplet- ing substance; and (6) any other section of this chapter. (b) Benefits In describing the benefits of a standard de- scribed in subsection (a), the Administrator shall consider all of the economic, public health, and environmental benefits of efforts to comply with such standard. In any case where numerical values are assigned to such benefits, a default assumption of zero value shall not be assigned to such benefits unless supported by specific data. The Administrator shall assess how bene- fits are measured in order to assure that damage to human health and the environment is more accurately measured and taken into account. (c) Costs In describing the costs of a standard described in subsection (a), the Administrator shall con- sider the effects of such standard on employ- ment, productivity, cost of living, economic growth, and the overall economy of the United States. (d) Initial report Not later than 12 months after November 15, 1990, the Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis, shall submit a report to the Congress that summarizes the results of the analysis de- scribed in subsection (a), which reports— (1) all costs incurred previous to November 15, 1990, in the effort to comply with such standards; and (2) all benefits that have accrued to the United States as a result of such costs. (e) Omitted (f) Appointment of Advisory Council on Clean Air Compliance Analysis Not later than 6 months after November 15, 1990, the Administrator, in consultation with the Secretary of Commerce and the Secretary of Labor, shall appoint an Advisory Council on Clean Air Compliance Analysis of not less than nine members (hereafter in this section referred to as the ‘‘Council’’). In appointing such mem- bers, the Administrator shall appoint recognized experts in the fields of the health and environ- mental effects of air pollution, economic anal- ysis, environmental sciences, and such other fields that the Administrator determines to be appropriate. (g) Duties of Advisory Council The Council shall— (1) review the data to be used for any anal- ysis required under this section and make rec- ommendations to the Administrator on the use of such data; (2) review the methodology used to analyze such data and make recommendations to the Administrator on the use of such method- ology; and