42 U.S.C. § 300j–5 — National Drinking Water Advisory Council

submitted 82 years ago by Pub. L. 93-523 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 403 words · no verdicts yet

in plain englishAI-generated · not legal advice

The EPA created a 15-member advisory council with members from the public, state agencies, and private water groups. Members serve staggered three-year terms and can be reappointed. The council advises the EPA on drinking water policy and does not expire on the usual advisory-committee schedule.

(a) Setting up the Council: The law creates a National Drinking Water Advisory Council with 15 members, appointed by the EPA Administrator after consulting the Secretary. Five members come from the general public, five come from state and local agencies that deal with water hygiene and public water supply, and five come from private organizations or groups with an active interest in those topics — two of whom must be connected to small, rural water systems. Each member serves a 3-year term, except that someone appointed to fill a vacancy only serves out the rest of that term, and the very first group of members had staggered terms — five expiring 3 years after December 16, 1974, five expiring 2 years after, and five expiring 1 year after, as the Administrator decided when appointing them. Members can be reappointed. (b) What the Council does: It advises, consults with, and makes recommendations to the Administrator about the Agency's activities, functions, and policies under this subchapter. (c) Pay and travel: Council members are paid and given allowances at a rate the Administrator sets, but never more than the daily rate of a top government pay grade (GS–18), for each day — including travel days — they spend on Council business. When away from home for Council work, they get travel expenses, including a daily allowance for living costs, the same way part-time federal employees do. (d) No automatic expiration: The general federal law that automatically ends advisory committees after a certain time does not apply to this Council.

the actual law source: uscode.house.gov ↗public domain

(a) Establishment; membership; representation of interests; term of office, vacancies; reappointment

There is established a National Drinking Water Advisory Council which shall consist of fifteen members appointed by the Administrator after consultation with the Secretary. Five members shall be appointed from the general public; five members shall be appointed from appropriate State and local agencies concerned with water hygiene and public water supply; and five members shall be appointed from representatives of private organizations or groups demonstrating an active interest in the field of water hygiene and public water supply, of which two such members shall be associated with small, rural public water systems. Each member of the Council shall hold office for a term of three years, except that—

(1)

any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and

(2)

the terms of the members first taking office shall expire as follows: Five shall expire three years after December 16, 1974, five shall expire two years after such date, and five shall expire one year after such date, as designated by the Administrator at the time of appointment.

The members of the Council shall be eligible for reappointment.

(b) Functions

The Council shall advise, consult with, and make recommendations to, the Administrator on matters relating to activities, functions, and policies of the Agency under this subchapter.

Members of the Council appointed under this section shall, while attending meetings or conferences of the Council or otherwise engaged in business of the Council, receive compensation and allowances at a rate to be fixed by the Administrator, but not exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) 1 of title 5.

(d) Advisory committee termination provision inapplicable

Section 1013(a) of title 5 (relating to termination),2 shall not apply to the Council.

Source credit: (July 1, 1944, ch. 373, title XIV, § 1446, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1688; amended Pub. L. 104–182, title I, § 127, Aug. 6, 1996, 110 Stat. 1659; Pub. L. 117–286, § 4(a)(245), Dec. 27, 2022, 136 Stat. 4332.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 93-523 · 88 Stat. 1688
1996Amended · Pub. L. 104-182 · 110 Stat. 1659
2022Amended · Pub. L. 117-286 · 136 Stat. 4332

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-523 on 1944-07-01.

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