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(continued)
with the policies set forth in this chapter, and (2) all agencies
of the Federal Government shall -
(A) utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and
the environmental design arts in planning and in decisionmaking
which may have an impact on man's environment;
(B) identify and develop methods and procedures, in
consultation with the Council on Environmental Quality
established by subchapter II of this chapter, which will insure
that presently unquantified environmental amenities and values
may be given appropriate consideration in decisionmaking along
with economic and technical considerations;
(C) include in every recommendation or report on proposals for
legislation and other major Federal actions significantly
affecting the quality of the human environment, a detailed
statement by the responsible official on -
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be
avoided should the proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity, and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed action should
it be implemented.
Prior to making any detailed statement, the responsible Federal
official shall consult with and obtain the comments of any
Federal agency which has jurisdiction by law or special expertise
with respect to any environmental impact involved. Copies of such
statement and the comments and views of the appropriate Federal,
State, and local agencies, which are authorized to develop and
enforce environmental standards, shall be made available to the
President, the Council on Environmental Quality and to the public
as provided by section 552 of title 5, and shall accompany the
proposal through the existing agency review processes;
(D) Any detailed statement required under subparagraph (C)
after January 1, 1970, for any major Federal action funded under
a program of grants to States shall not be deemed to be legally
insufficient solely by reason of having been prepared by a State
agency or official, if:
(i) the State agency or official has statewide jurisdiction
and has the responsibility for such action,
(ii) the responsible Federal official furnishes guidance and
participates in such preparation,
(iii) the responsible Federal official independently
evaluates such statement prior to its approval and adoption,
and
(iv) after January 1, 1976, the responsible Federal official
provides early notification to, and solicits the views of, any
other State or any Federal land management entity of any action
or any alternative thereto which may have significant impacts
upon such State or affected Federal land management entity and,
if there is any disagreement on such impacts, prepares a
written assessment of such impacts and views for incorporation
into such detailed statement.
The procedures in this subparagraph shall not relieve the Federal
official of his responsibilities for the scope, objectivity, and
content of the entire statement or of any other responsibility
under this chapter; and further, this subparagraph does not
affect the legal sufficiency of statements prepared by State
agencies with less than statewide jurisdiction.)1(!
(E) study, develop, and describe appropriate alternatives to
recommended courses of action in any proposal which involves
unresolved conflicts concerning alternative uses of available
resources;
(F) recognize the worldwide and long-range character of
environmental problems and, where consistent with the foreign
policy of the United States, lend appropriate support to
initiatives, resolutions, and programs designed to maximize
international cooperation in anticipating and preventing a
decline in the quality of mankind's world environment;
(G) make available to States, counties, municipalities,
institutions, and individuals, advice and information useful in
restoring, maintaining, and enhancing the quality of the
environment;
(H) initiate and utilize ecological information in the planning
and development of resource-oriented projects; and
(I) assist the Council on Environmental Quality established by
subchapter II of this chapter.
-SOURCE-
(Pub. L. 91-190, title I, Sec. 102, Jan. 1, 1970, 83 Stat. 853;
Pub. L. 94-83, Aug. 9, 1975, 89 Stat. 424.)
-MISC1-
AMENDMENTS
1975 - Subpars. (D) to (I). Pub. L. 94-83 added subpar. (D) and
redesignated former subpars. (D) to (H) as (E) to (I),
respectively.
CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES
Pub. L. 104-88, title IV, Sec. 401, Dec. 29, 1995, 109 Stat. 955,
provided that: "The licensing of a launch vehicle or launch site
operator (including any amendment, extension, or renewal of the
license) under chapter 701 of title 49, United States Code, shall
not be considered a major Federal action for purposes of section
102(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(C)) if -
"(1) the Department of the Army has issued a permit for the
activity; and
"(2) the Army Corps of Engineers has found that the activity
has no significant impact."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2242, 2297h-5, 4334,
6508, 7153, 7274g, 7609, 8473, 9117, 10132, 10133, 10134, 10141,
10155, 10161, 10165, 10196, 10197 of this title; title 15 section
793; title 16 sections 410hh, 544o, 1379, 1536, 1604, 2403a, 3120,
3149, 3232, 6514; title 21 section 379o; title 23 sections 112,
133; title 25 sections 2103, 2104; title 30 sections 185, 226,
1147, 1292, 1419; title 33 section 1504; title 43 sections 1331,
1344, 1751, 2005, 2006; title 45 sections 791, 1116; title 49
sections 40128, 44715; title 50 App. sections 2095, 2096.
-FOOTNOTE-
)1(! So in original. The period probably should be a semicolon.
-End-
-CITE-
42 USC Sec. 4333 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER I - POLICIES AND GOALS
-HEAD-
Sec. 4333. Conformity of administrative procedures to national
environmental policy
-STATUTE-
All agencies of the Federal Government shall review their present
statutory authority, administrative regulations, and current
policies and procedures for the purpose of determining whether
there are any deficiencies or inconsistencies therein which
prohibit full compliance with the purposes and provisions of this
chapter and shall propose to the President not later than July 1,
1971, such measures as may be necessary to bring their authority
and policies into conformity with the intent, purposes, and
procedures set forth in this chapter.
-SOURCE-
(Pub. L. 91-190, title I, Sec. 103, Jan. 1, 1970, 83 Stat. 854.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4334 of this title.
-End-
-CITE-
42 USC Sec. 4334 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER I - POLICIES AND GOALS
-HEAD-
Sec. 4334. Other statutory obligations of agencies
-STATUTE-
Nothing in section 4332 or 4333 of this title shall in any way
affect the specific statutory obligations of any Federal agency (1)
to comply with criteria or standards of environmental quality, (2)
to coordinate or consult with any other Federal or State agency, or
(3) to act, or refrain from acting contingent upon the
recommendations or certification of any other Federal or State
agency.
-SOURCE-
(Pub. L. 91-190, title I, Sec. 104, Jan. 1, 1970, 83 Stat. 854.)
-End-
-CITE-
42 USC Sec. 4335 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER I - POLICIES AND GOALS
-HEAD-
Sec. 4335. Efforts supplemental to existing authorizations
-STATUTE-
The policies and goals set forth in this chapter are
supplementary to those set forth in existing authorizations of
Federal agencies.
-SOURCE-
(Pub. L. 91-190, title I, Sec. 105, Jan. 1, 1970, 83 Stat. 854.)
-End-
-CITE-
42 USC SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 4332 of this title.
-End-
-CITE-
42 USC Sec. 4341 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4341. Omitted
-COD-
CODIFICATION
Section, Pub. L. 91-190, title II, Sec. 201, Jan. 1, 1970, 83
Stat. 854, which required the President to transmit to Congress
annually an Environmental Quality Report, terminated, effective May
15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
set out as a note under section 1113 of Title 31, Money and
Finance. See, also, item 1 on page 41 of House Document No. 103-7.
-End-
-CITE-
42 USC Sec. 4342 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4342. Establishment; membership; Chairman; appointments
-STATUTE-
There is created in the Executive Office of the President a
Council on Environmental Quality (hereinafter referred to as the
"Council"). The Council shall be composed of three members who
shall be appointed by the President to serve at his pleasure, by
and with the advice and consent of the Senate. The President shall
designate one of the members of the Council to serve as Chairman.
Each member shall be a person who, as a result of his training,
experience, and attainments, is exceptionally well qualified to
analyze and interpret environmental trends and information of all
kinds; to appraise programs and activities of the Federal
Government in the light of the policy set forth in subchapter I of
this chapter; to be conscious of and responsive to the scientific,
economic, social, esthetic, and cultural needs and interests of the
Nation; and to formulate and recommend national policies to promote
the improvement of the quality of the environment.
-SOURCE-
(Pub. L. 91-190, title II, Sec. 202, Jan. 1, 1970, 83 Stat. 854.)
-MISC1-
COUNCIL ON ENVIRONMENTAL QUALITY; REDUCTION OF MEMBERS
Pub. L. 108-7, div. K, title III, Feb. 20, 2003, 117 Stat. 514,
provided in part: "That, notwithstanding section 202 of the
National Environmental Policy Act of 1970 [1969, 42 U.S.C. 4342],
the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 686.
Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114
Stat. 1441, 1441A-45.
Pub. L. 106-74, title III, Oct. 20, 1999, 113 Stat. 1084.
Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2500.
Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat. 1375.
-End-
-CITE-
42 USC Sec. 4343 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4343. Employment of personnel, experts and consultants
-STATUTE-
(a) The Council may employ such officers and employees as may be
necessary to carry out its functions under this chapter. In
addition, the Council may employ and fix the compensation of such
experts and consultants as may be necessary for the carrying out of
its functions under this chapter, in accordance with section 3109
of title 5 (but without regard to the last sentence thereof).
(b) Notwithstanding section 1342 of title 31, the Council may
accept and employ voluntary and uncompensated services in
furtherance of the purposes of the Council.
-SOURCE-
(Pub. L. 91-190, title II, Sec. 203, Jan. 1, 1970, 83 Stat. 855;
Pub. L. 94-52, Sec. 2, July 3, 1975, 89 Stat. 258.)
-COD-
CODIFICATION
In subsec. (b), "section 1342 of title 31" substituted for
"section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
-MISC1-
AMENDMENTS
1975 - Pub. L. 94-52 designated existing provisions as subsec.
(a) and added subsec. (b).
-End-
-CITE-
42 USC Sec. 4344 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4344. Duties and functions
-STATUTE-
It shall be the duty and function of the Council -
(1) to assist and advise the President in the preparation of
the Environmental Quality Report required by section 4341 )1(! of
this title;
(2) to gather timely and authoritative information concerning
the conditions and trends in the quality of the environment both
current and prospective, to analyze and interpret such
information for the purpose of determining whether such
conditions and trends are interfering, or are likely to
interfere, with the achievement of the policy set forth in
subchapter I of this chapter, and to compile and submit to the
President studies relating to such conditions and trends;
(3) to review and appraise the various programs and activities
of the Federal Government in the light of the policy set forth in
subchapter I of this chapter for the purpose of determining the
extent to which such programs and activities are contributing to
the achievement of such policy, and to make recommendations to
the President with respect thereto;
(4) to develop and recommend to the President national policies
to foster and promote the improvement of environmental quality to
meet the conservation, social, economic, health, and other
requirements and goals of the Nation;
(5) to conduct investigations, studies, surveys, research, and
analyses relating to ecological systems and environmental
quality;
(6) to document and define changes in the natural environment,
including the plant and animal systems, and to accumulate
necessary data and other information for a continuing analysis of
these changes or trends and an interpretation of their underlying
causes;
(7) to report at least once each year to the President on the
state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legislation
as the President may request.
-SOURCE-
(Pub. L. 91-190, title II, Sec. 204, Jan. 1, 1970, 83 Stat. 855.)
-REFTEXT-
REFERENCES IN TEXT
Section 4341 of this title, referred to in par. (1), was omitted
from the Code.
-TRANS-
TRANSFER OF FUNCTIONS
So much of functions of Council on Environmental Quality under
par. (4) of this section as pertains to ecological systems
transferred to Administrator of Environmental Protection Agency by
Reorg. Plan No. 3 of 1970, Sec. 2(a)(5), eff. Dec. 2, 1970, 35 F.R.
15623, 84 Stat. 2086, set out under section 4321 of this title.
-FOOTNOTE-
)1(! See References in Text note below.
-End-
-CITE-
42 USC Sec. 4345 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4345. Consultation with Citizens' Advisory Committee on
Environmental Quality and other representatives
-STATUTE-
In exercising its powers, functions, and duties under this
chapter, the Council shall -
(1) consult with the Citizens' Advisory Committee on
Environmental Quality established by Executive Order numbered
11472, dated May 29, 1969, and with such representatives of
science, industry, agriculture, labor, conservation
organizations, State and local governments and other groups, as
it deems advisable; and
(2) utilize, to the fullest extent possible, the services,
facilities, and information (including statistical information)
of public and private agencies and organizations, and
individuals, in order that duplication of effort and expense may
be avoided, thus assuring that the Council's activities will not
unnecessarily overlap or conflict with similar activities
authorized by law and performed by established agencies.
-SOURCE-
(Pub. L. 91-190, title II, Sec. 205, Jan. 1, 1970, 83 Stat. 855.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order numbered 11472, dated May 29, 1969, referred to
in par. (1), is set out as a note under section 4321 of this title.
-MISC1-
CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY
For provisions relating to termination of Citizens' Advisory
Committee on Environmental Quality, see Ex. Ord. No. 12007, Aug.
22, 1977, 42 F.R. 42839, set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
-End-
-CITE-
42 USC Sec. 4346 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4346. Tenure and compensation of members
-STATUTE-
Members of the Council shall serve full time and the Chairman of
the Council shall be compensated at the rate provided for Level II
of the Executive Schedule Pay Rates (5 U.S.C. 5313). The other
members of the Council shall be compensated at the rate provided
for Level IV or )1(! the Executive Schedule Pay Rates (5 U.S.C.
5315).
-SOURCE-
(Pub. L. 91-190, title II, Sec. 206, Jan. 1, 1970, 83 Stat. 856.)
-FOOTNOTE-
)1(! So in original. Probably should be "of".
-End-
-CITE-
42 USC Sec. 4346a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4346a. Travel reimbursement by private organizations and
Federal, State, and local governments
-STATUTE-
The Council may accept reimbursements from any private nonprofit
organization or from any department, agency, or instrumentality of
the Federal Government, any State, or local government, for the
reasonable travel expenses incurred by an officer or employee of
the Council in connection with his attendance at any conference,
seminar, or similar meeting conducted for the benefit of the
Council.
-SOURCE-
(Pub. L. 91-190, title II, Sec. 207, as added Pub. L. 94-52, Sec.
3, July 3, 1975, 89 Stat. 258.)
-End-
-CITE-
42 USC Sec. 4346b 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4346b. Expenditures in support of international activities
-STATUTE-
The Council may make expenditures in support of its international
activities, including expenditures for: (1) international travel;
(2) activities in implementation of international agreements; and
(3) the support of international exchange programs in the United
States and in foreign countries.
-SOURCE-
(Pub. L. 91-190, title II, Sec. 208, as added Pub. L. 94-52, Sec.
3, July 3, 1975, 89 Stat. 258.)
-End-
-CITE-
42 USC Sec. 4347 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER II - COUNCIL ON ENVIRONMENTAL QUALITY
-HEAD-
Sec. 4347. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to carry out the
provisions of this chapter not to exceed $300,000 for fiscal year
1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal
year thereafter.
-SOURCE-
(Pub. L. 91-190, title II, Sec. 209, formerly Sec. 207, Jan. 1,
1970, 83 Stat. 856, renumbered Sec. 209, Pub. L. 94-52, Sec. 3,
July 3, 1975, 89 Stat. 258.)
-End-
-CITE-
42 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-End-
-CITE-
42 USC Secs. 4361, 4361a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Secs. 4361, 4361a. Repealed. Pub. L. 104-66, title II, Sec.
2021(k)(1), (2), Dec. 21, 1995, 109 Stat. 728
-MISC1-
Section 4361, Pub. L. 94-475, Sec. 5, Oct. 11, 1976, 90 Stat.
2071, related to 5-year plan for research, development, and
demonstration.
Section 4361a, Pub. L. 95-155, Sec. 4, Nov. 8, 1977, 91 Stat.
1258, related to budget projections in annual revisions of the plan
for research, development, and demonstration.
-End-
-CITE-
42 USC Sec. 4361b 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4361b. Implementation by Administrator of Environmental
Protection Agency of recommendations of "CHESS" Investigative
Report; waiver; inclusion of status of implementation
requirements in annual revisions of plan for research,
development, and demonstration
-STATUTE-
The Administrator of the Environmental Protection Agency shall
implement the recommendations of the report prepared for the House
Committee on Science and Technology entitled "The Environmental
Protection Agency Research Program with primary emphasis on the
Community Health and Environmental Surveillance System (CHESS): An
Investigative Report", unless for any specific recommendation he
determines (1) that such recommendation has been implemented, (2)
that implementation of such recommendation would not enhance the
quality of the research, or (3) that implementation of such
recommendation will require funding which is not available. Where
such funding is not available, the Administrator shall request the
required authorization or appropriation for such implementation.
The Administrator shall report the status of such implementation in
each annual revision of the five-year plan transmitted to the
Congress under section 4361 )1(! of this title.
-SOURCE-
(Pub. L. 95-155, Sec. 10, Nov. 8, 1977, 91 Stat. 1262.)
-REFTEXT-
REFERENCES IN TEXT
Section 4361 of this title, referred to in text, was repealed by
Pub. L. 104-66, title II, Sec. 2021(k)(1), Dec. 21, 1995, 109 Stat.
728.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1978, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-CHANGE-
CHANGE OF NAME
Committee on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of
Representatives by House Resolution No. 5, One Hundredth Congress,
Jan. 6, 1987. Committee on Science, Space, and Technology of House
of Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.
-FOOTNOTE-
)1(! See References in Text note below.
-End-
-CITE-
42 USC Sec. 4361c 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4361c. Staff management
-STATUTE-
(a) Appointments for educational programs
(1) The Administrator is authorized to select and appoint up to
75 full-time permanent staff members in the Office of Research and
Development to pursue full-time educational programs for the
purpose of (A) securing an advanced degree or (B) securing academic
training, for the purpose of making a career change in order to
better carry out the Agency's research mission.
(2) The Administrator shall select and appoint staff members for
these assignments according to rules and criteria promulgated by
him. The Agency may continue to pay the salary and benefits of the
appointees as well as reasonable and appropriate relocation
expenses and tuition.
(3) The term of each appointment shall be for up to one year,
with a single renewal of up to one year in appropriate cases at the
discretion of the Administrator.
(4) Staff members appointed to this program shall not count
against any Agency personnel ceiling during the term of their
appointment.
(b) Post-doctoral research fellows
(1) The Administrator is authorized to appoint up to 25
Post-doctoral Research Fellows in accordance with the provisions of
section 213.3102(aa) of title 5 of the Code of Federal Regulations.
(2) Persons holding these appointments shall not count against
any personnel ceiling of the Agency.
(c) Non-Government research associates
(1) The Administrator is authorized and encouraged to utilize
research associates from outside the Federal Government in
conducting the research, development, and demonstration programs of
the Agency.
(2) These persons shall be selected and shall serve according to
rules and criteria promulgated by the Administrator.
(d) Women and minority groups
For all programs in this section, the Administrator shall place
special emphasis on providing opportunities for education and
training of women and minority groups.
-SOURCE-
(Pub. L. 95-477, Sec. 6, Oct. 18, 1978, 92 Stat. 1510.)
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1979, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-MISC1-
CONTRACTS BY OFFICE OF RESEARCH AND DEVELOPMENT OF THE
ENVIRONMENTAL PROTECTION AGENCY
Pub. L. 108-7, div. K, title III, Feb. 20, 2003, 117 Stat. 509,
provided in part: "That the Office of Research and Development of
the Environmental Protection Agency may hereafter contract directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary or
intermittent personal services of students or recent graduates, who
shall be considered employees for the purposes of chapters 57 and
81 of title 5, United States Code, relating to compensation for
travel and work injuries, and chapter 171 of title 28, United
States Code, relating to tort claims, but shall not be considered
to be Federal employees for any other purposes."
-End-
-CITE-
42 USC Sec. 4362 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4362. Interagency cooperation on prevention of environmental
cancer and heart and lung disease
-STATUTE-
(a) Not later than three months after August 7, 1977, there shall
be established a Task Force on Environmental Cancer and Heart and
Lung Disease (hereinafter referred to as the "Task Force"). The
Task Force shall include representatives of the Environmental
Protection Agency, the National Cancer Institute, the National
Heart, Lung, and Blood Institute, the National Institute of
Occupational Safety and Health, and the National Institute on
Environmental Health Sciences, and shall be chaired by the
Administrator (or his delegate).
(b) The Task Force shall -
(1) recommend a comprehensive research program to determine and
quantify the relationship between environmental pollution and
human cancer and heart and lung disease;
(2) recommend comprehensive strategies to reduce or eliminate
the risks of cancer or such other diseases associated with
environmental pollution;
(3) recommend research and such other measures as may be
appropriate to prevent or reduce the incidence of environmentally
related cancer and heart and lung diseases;
(4) coordinate research by, and stimulate cooperation between,
the Environmental Protection Agency, the Department of Health and
Human Services, and such other agencies as may be appropriate to
prevent environmentally related cancer and heart and lung
diseases; and
(5) report to Congress, not later than one year after August 7,
1977, and annually thereafter, on the problems and progress in
carrying out this section.
-SOURCE-
(Pub. L. 95-95, title IV, Sec. 402, Aug. 7, 1977, 91 Stat. 791;
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
-COD-
CODIFICATION
Section was enacted as part of the Clean Air Act Amendments of
1977, and not as part of the National Environmental Policy Act of
1969 which comprises this chapter.
-CHANGE-
CHANGE OF NAME
"Department of Health and Human Services" substituted for
"Department of Health, Education, and Welfare" in subsec. (b)(4)
pursuant to section 507(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(b)(5) of this section relating to annual report to Congress, see
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and item 18 on page
164 of House Document No. 103-7.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4362a of this title.
-End-
-CITE-
42 USC Sec. 4362a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4362a. Membership of Task Force on Environmental Cancer and
Heart and Lung Disease
-STATUTE-
The Director of the National Center for Health Statistics and the
head of the Center for Disease Control (or the successor to such
entity) shall each serve as members of the Task Force on
Environmental Cancer and Heart and Lung Disease established under
section 4362 of this title.
-SOURCE-
(Pub. L. 95-623, Sec. 9, Nov. 9, 1978, 92 Stat. 3455.)
-COD-
CODIFICATION
Section was enacted as part of the Health Services Research,
Health Statistics, and Health Care Technology Act of 1978, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-CHANGE-
CHANGE OF NAME
Centers for Disease Control changed to Centers for Disease
Control and Prevention by Pub. L. 102-531, title III, Sec. 312,
Oct. 27, 1992, 106 Stat. 3504.
-End-
-CITE-
42 USC Sec. 4363 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4363. Continuing and long-term environmental research and
development
-STATUTE-
The Administrator of the Environmental Protection Agency shall
establish a separately identified program of continuing, long-term
environmental research and development for each activity listed in
section 2(a) of this Act. Unless otherwise specified by law, at
least 15 per centum of funds appropriated to the Administrator for
environmental research and development for each activity listed in
section 2(a) of this Act shall be obligated and expended for such
long-term environmental research and development under this
section.
-SOURCE-
(Pub. L. 96-569, Sec. 2(f), Dec. 22, 1980, 94 Stat. 3337.)
-REFTEXT-
REFERENCES IN TEXT
Section 2(a) of this Act, referred to in text, is section 2(a) of
Pub. L. 96-569, Dec. 22, 1980, 94 Stat. 3335, which is not
classified to the Code.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1981, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the
following prior authorization acts:
1980 - Pub. L. 96-229, Sec. 2(e), Apr. 7, 1980, 94 Stat. 327.
1977 - Pub. L. 95-155, Sec. 6, Nov. 8, 1977, 91 Stat. 1259.
-End-
-CITE-
42 USC Sec. 4363a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4363a. Pollution control technologies demonstrations
-STATUTE-
(1) The Administrator shall continue to be responsible for
conducting and shall continue to conduct full-scale demonstrations
of energy-related pollution control technologies as necessary in
his judgment to fulfill the provisions of the Clean Air Act as
amended [42 U.S.C. 7401 et seq.], the Federal Water Pollution
Control Act as amended [33 U.S.C. 1251 et seq.], and other
pertinent pollution control statutes.
(2) Energy-related environmental protection projects authorized
to be administered by the Environmental Protection Agency under
this Act shall not be transferred administratively to the
Department of Energy or reduced through budget amendment. No action
shall be taken through administrative or budgetary means to
diminish the ability of the Environmental Protection Agency to
initiate such projects.
-SOURCE-
(Pub. L. 96-229, Sec. 2(d), Apr. 7, 1980, 94 Stat. 327.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act as amended, referred to in par. (1), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (Sec. 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 as amended, referred to
in par. (1), is act June 30, 1948, ch. 758, as amended generally by
Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of
this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
This Act, referred to in par. (2), is Pub. L. 96-229, Apr. 7,
1980, 94 Stat. 325, known as the Environmental, Research,
Development, and Demonstration Authorization Act of 1980, which
enacted sections 4363, 4363a, 4369a, and 4370 of this title. For
complete classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1980, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the
following prior authorization act:
1979 - Pub. L. 95-477, Sec. 2(d), Oct. 18, 1978, 92 Stat. 1508.
-End-
-CITE-
42 USC Sec. 4364 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4364. Expenditure of funds for research and development
related to regulatory program activities
-STATUTE-
(a) Coordination, etc., with research needs and priorities of
program offices and Environmental Protection Agency
The Administrator of the Environmental Protection Agency shall
assure that the expenditure of any funds appropriated pursuant to
this Act or any other provision of law for environmental research
and development related to regulatory program activities shall be
coordinated with and reflect the research needs and priorities of
the program offices, as well as the overall research needs and
priorities of the Agency, including those defined in the five-year
research plan.
(b) Program offices subject to coverage
For purposes of subsection (a) of this section, the appropriate
program offices are -
(1) the Office of Air and Waste Management, for air quality
activities;
(2) the Office of Water and Hazardous Materials, for water
quality activities and water supply activities;
(3) the Office of Pesticides, for environmental effects of
pesticides;
(4) the Office of Solid Waste, for solid waste activities;
(5) the Office of Toxic Substances, for toxic substance
activities;
(6) the Office of Radiation Programs, for radiation activities;
and
(7) the Office of Noise Abatement and Control, for noise
activities.
(c) Report to Congress; contents
The Administrator shall submit to the President and the Congress
a report concerning the most appropriate means of assuring, on a
continuing basis, that the research efforts of the Agency reflect
the needs and priorities of the regulatory program offices, while
maintaining a high level of scientific quality. Such report shall
be submitted on or before March 31, 1978.
-SOURCE-
(Pub. L. 95-155, Sec. 7, Nov. 8, 1977, 91 Stat. 1259.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 95-155, Nov. 8,
1977, 91 Stat. 1257, as amended, known as the Environmental
Research, Development, and Demonstration Authorization Act of 1978,
which to the extent classified to the Code enacted sections
300j-3a, 4361a, 4361b, and 4363 to 4367 of this title. For complete
classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1978, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 4365 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4365. Science Advisory Board
-STATUTE-
(a) Establishment; requests for advice by Administrator of
Environmental Protection Agency and Congressional committees
The Administrator of the Environmental Protection Agency shall
establish a Science Advisory Board which shall provide such
scientific advice as may be requested by the Administrator, the
Committee on Environment and Public 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 Representatives.
(b) Membership; Chairman; meetings; qualifications 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 Administrator. Each member of the Board shall
be qualified 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 proposed criteria
document, standard, limitation, or regulation under the Clean Air
Act [42 U.S.C. 7401 et seq.], the Federal Water Pollution Control
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 provided to any other Federal agency for formal review and
comment, shall make available to the Board such proposed criteria
document, standard, limitation, or regulation, together with
relevant 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 Administrator, 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, limitation, or regulation, together
with any pertinent information in the Board's possession.
(d) Utilization of technical and scientific capabilities of Federal
agencies and national environmental 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 scientific capabilities of any Federal
agency, including the Environmental Protection Agency and any
national environmental laboratories.
(e) Member committees and investigative panels; establishment;
chairmenship
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
investigative panel shall be chaired by a member of the Board.
(f) Appointment and compensation of secretary and other personnel;
compensation of members
(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 responsibilities.
The compensation of all employees appointed under this paragraph
shall be fixed in accordance with chapter 51 and subchapter 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 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.
-SOURCE-
(Pub. L. 95-155, Sec. 8, Nov. 8, 1977, 91 Stat. 1260; Pub. L.
96-569, Sec. 3, Dec. 22, 1980, 94 Stat. 3337; Pub. L. 103-437, Sec.
15(o), Nov. 2, 1994, 108 Stat. 4593; Pub. L. 104-66, title II, Sec.
2021(k)(3), Dec. 21, 1995, 109 Stat. 728.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (c)(1), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 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, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation
and Navigable Waters. For complete classification of this Act to
the Code, see Short Title note set out under section 1251 of Title
33 and Tables.
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,
as amended, which is classified generally to chapter 82 (Sec. 6901
et seq.) of this title. For complete classification 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, as amended, which is classified principally to
chapter 65 (Sec. 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 subsec. (c)(1),
is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which
is classified generally to chapter 53 (Sec. 2601 et seq.) of Title
15, Commerce and Trade. For complete classification of this Act to
the Code, see Short Title note set out under section 2601 of Title (continued)