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There should be a shift in priorities to initially emphasize those studies having the largest potential for developing bold, new initiatives which could have major impact. Very high priority should be given to product research and social-science (non-technological, socio-economic) research. Process research should be of only medium priority. The thrust of the product research area should be on a product's impact during use and disposal. The social science research should include investigation into the feasibility of changing societal attitudes. the effectiveness of removing barriers and disincentives, providing incentives for pollution prevention, encouraging reduction in use of problem substances and education at all levels. Expertise should be built up within the Agency, but the current shortage should not deter efforts. Outside experts should be relieved upon.

The Drinking Water Subcommittee of the Science Advisory Board's Environmental Health Committee met June 2-3, 1988 in Cincinnati, Ohio to review selected issues relating to the scientific background for regulating arsenic in drinking water. The Subcommittee concluded that; the evidence for essentiality is suggestive, that the current state of knowledge cannot resolve whether or not hyperkeratosis is a precoursor of skin cancer and that at dose levels below 200 to 250 up As 3+/person/day there is a possible detoxification mechanism that may substantially reduce cancer risk. The Subcommittee recommended that EPA; develop a revised risk assessment based on estimates of the delivered dose of non-detoxified arsenic to target tissues, and consider the potential reduction in cancer risk due to detoxification in establishing a maximum contaminant level for arsenic.

Federal Advisory Committee Act (Public Law 92-463)

(Section 10(d) of the Federal Advisory Committee Act was amended by Section 5(c) of the Public Law 94-409, "Government in the Sunshine Act," effective March 12, 1977.)

(Section 7(d)(1) of the Federal Advisory Committee Act was amended by section 2 of Public Law 96-523, "Handicapped Federal Employees. Personal assistants, Employment.", effective February 10, 1981.)

(Section 6(c) of the Federal Advisory
Committee Act was amended by
Section 201(c) of Public Law 97-375,
"Congressional Reports Elimination Act
of 1982,"effective July 1, 1983.)

92nd Congress, H. R. 4383
October 6, 1972

An Act

To authorise the establishment of a system governing the creation and oper ation of advisory committees in the executive branch of the Federal Government, and for other purposes.

86 STAT 770

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Federal Advi be cited as the "Federal Advisory Committee Act".

FINDINGS AND PURPOSES

Sac. 2. (a) The Congress finds that there are numerous committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and diverse opinions to the Federal Government.

(b) The Congress further finds and declares that

(1) the need for many existing advisory committees has not been adequately reviewed;

(2) new advisory committees should be established only when they are determined to be essential and their number should be kept to the minimum necessary;

18) advisory committees should be terminated when they are no longer carrying out the purposes for which they were established;

(4) standards and uniform procedures should govern the establishment, operation, administration, and duration of advisory committees;

(5) the Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees; and

(6) the function of advisory committees should be advisory only, and that all matters under their consideration should be determined, in accordance with law, by the official, agency, or officer involved.

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DEFINITIONS

Sec. 8. For the purpose of this Act

(1) The term "Director" means the Director of the Office of Management and Budget.

(2) The term "advisory committee" means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as "committee"), which

(A) established by statute or reorganization plan, or (B) established or utilized by the President, or (C) established or utilized by one or more agencies, in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government, except that such term excludes (i) the Advisory Commission on Intergovernmental Relations, (ii) the Commission on Government Procurement, and (iii) any committee which is composed wholly of full-time officers or employees of the Federal Government.

86 STAT. 77

Pub. Law 92-463

. 2.

October 6, 1972

Restrictions.

Review.

Out de lines.

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IESPONSIBILITIES OF CONGRESSIONAL COMMITTEES

SEC. 5. (a) In the exercise of its legislative review function, each standing committee of the Senate and the House of Representatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advisory committee should be abolished or merged with any other advisory committee, whether the responsibilities of such advisory committee should be revised, and whether such advisory committee performs a necessary function not already being performed. Each suck standing committee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection.

(b) In considering legislation establishing, or authorizing the establishment of any advisory committee, each standing committee of the Senate and of the House of Representatives shall determine, and report such determination to the Senate or to the House of Representstives, as the case may be, whether the functions of the proposed advisory committee are being or could be performed by one or more agencies or by an advisory committee already in existence, or by enlarging the mandate of an existing advisory committee. Any such legislation shall

(1) contain a clearly defined purpose for the advisory committee;

(2) require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee;

(8) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment;

(4) contain provisions dealing with authorization of appropriations, the date for submission of reports (if any), the duration of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee determines the provisions of section 10 of this Act to be inadequate; and

(5) contain provisions which will assure that the advisory committee will have adequate staff (either supplied by an agency or employed by it), will be provided adequate quarters, and will have funds available to meet its other necessary expenses.

(c) To the extent they are applicable, the guidelines set out in subsection (b) of this section shall be followed by the President, agency heads, or other Federal officials in creating an advisory committee.

IZSPONSIBILITIES OF THE PRESIDENT

SEC. &. (a) The President may delegate responsibility for evaluating and taking action, where appropriate, with respect to all public recommendations made to him by Presidential advisory committees.

86 STAT. 772

(b) Within one year after a Presidential advisory committee has Report to submitted a public report to the President, the President or his dele- Congress. gate shall make a report to the Congress stating either his proposals

for action or his reasons for inaction, with respect to the recommen

dations contained in the public report.

(c) The President shall, not later than March 81 of each calendar Anal report year (after the year in which this Act is enacted), make an annual to Congress. report to the Congress on the activities, status, and changes in the composition of advisory committees in existence during the preceding calendar year. The report shall contain the name of every advisory committee, the date of and authority for its creation, its termination date or the date it is to make a report, its functions, a reference to the reports it has submitted, a statement of whether it is an ad hoc or continuing body, the dates of its meetings, the names and occupations of its current members, and the total estimated annual cost to the United States to fund, service, supply, and maintain such committee. Such report shall include a list of those advisory committees abolished by the President, and in the case of advisory committees established by statute, a list of those advisory committees which the President recommends be abolished together with his reasons therefor. The President shall exclude from this report any information which, lusion in his judgment, should be withheld for reasons of national security, and be shall include in such report a statement that such information is excluded.

RESPONSIBILITIES OF THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET

SEC. 7. (a) The Director shall establish and maintain within the Coudttee ManOffice of Management and Budget a Committee Management Secre- agment Seeretariat, which shall be responsible for all matters relating to advisory tariat. committees.

Establishment,

(b) The Director shall, immediately after the enactment of this Rovion, Act, institute a comprehensive review of the activities and responsibilities of each advisory committee to determine

(1) whether such committee is carrying out its purpose; (2) whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised; (3) whether it should be merged with other advisory committees; or

(4) whether is should be abolished.

The Director may from time to time request such information as he

deems necessary to carry out his functions under this subsection. Upon Recommendations the completion of the Director's review he shall make recommendations to President to the President and to either the agency head or the Congress with and Congress. respect to action he believes should be taken. Thereafter, the Director shall carry out a similar review annually. Agency heads shall cooperate Agony with the Director in making the reviews required by this subsection. operation,

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