US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC4365]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 55--NATIONAL ENVIRONMENTAL POLICY
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 4365. Science Advisory Board


(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.

(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.)

                       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 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, 
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to 
subchapter XII (Sec. 300f et seq.) of chapter 6A of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 201 of this title and Tables.

                          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.


                               Amendments

    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 addition to providing scientific advice when 
requested by the Administrator under subsection (a) of this section, the 
Board shall review and comment on the Administration's five-year plan 
for environmental research, development, 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 comments thereon, at the time of the 
transmission to the Congress of the annual revision involved.''
    1994--Subsec. (a). Pub. L. 103-437, Sec. 15(o)(1), substituted 
``Committee on Science, Space, and Technology, on Energy and Commerce, 
or on'' for ``Committees on Science and Technology, Interstate and 
Foreign Commerce, or''.
    Subsec. (d). Pub. L. 103-437, Sec. 15(o)(2), struck out subsec. (d) 
which related to review and report to Administrator, President, and 
Congress on health effects research.
    1980--Subsec. (a). Pub. L. 96-569 inserted provisions relating to 
requests by the enumerated Congressional committees.

                         Change of Name

    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.
    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 Representatives changed to 
Committee on Energy and Commerce of House of Representatives, and 
jurisdiction 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 
Congress, Jan. 3, 2001.
    Committee on Public Works and Transportation of House of 
Representatives treated as referring to Committee 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 terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, 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 established by the Congress, its duration is 
otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to 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 Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in title 7 section 136w; title 21 
section 346a.