§4372 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates an Office of Environmental Quality inside the Executive Office of the President. The Chairman of the Council on Environmental Quality named by Public Law 91–190 is the Office Director. There must be a Deputy Director appointed by the President with the Senate’s approval. The Deputy Director’s pay cannot be higher than the annual rate paid to the Deputy Director of the Office of Management and Budget. The Director can hire staff, experts, and consultants needed to do the Office’s work. Up to ten specialists can be hired outside the usual civil service rules and pay scales, but none may be paid more than the GS–18 maximum under section 5332 of title 5. The Director must help and advise the President on environmental policies by supporting the Council, helping agencies review programs and major projects, checking environmental monitoring systems, promoting environmental science and prevention methods, coordinating agency actions, helping set government-wide standards, and collecting and analyzing environmental data. The Director may make contracts with public or private groups and people without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41.

Title 42, §4372

The Public Health and Welfare — Source: USLM XML via OLRC

(a)There is established in the Executive Office of the President an office to be known as the Office of Environmental Quality (hereafter in this chapter referred to as the “Office”). The Chairman of the Council on Environmental Quality established by Public Law 91–190 shall be the Director of the Office. There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate.

(b)The compensation of the Deputy Director shall be fixed by the President at a rate not in excess of the annual rate of compensation payable to the Deputy Director of the Office of Management and Budget.

(c)The Director is authorized to employ such officers and employees (including experts and consultants) as may be necessary to enable the Office to carry out its functions under this chapter and Public Law 91–190, except that he may employ no more than ten specialists and other experts without regard to the provisions of title 5, governing appointments in the competitive service, and pay such specialists and experts without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no such specialist or expert shall be paid at a rate in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of title 5.

(d)In carrying out his functions the Director shall assist and advise the President on policies and programs of the Federal Government affecting environmental quality by—

(1)providing the professional and administrative staff and support for the Council on Environmental Quality established by Public Law 91–190;

(2)assisting the Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, and those specific major projects designated by the President which do not require individual project authorization by Congress, which affect environmental quality;

(3)reviewing the adequacy of existing systems for monitoring and predicting environmental changes in order to achieve effective coverage and efficient use of research facilities and other resources;

(4)promoting the advancement of scientific knowledge of the effects of actions and technology on the environment and encourage 11 So in original. Probably should be “encouraging”. the development of the means to prevent or reduce adverse effects that endanger the health and well-being of man;

(5)assisting in coordinating among the Federal departments and agencies those programs and activities which affect, protect, and improve environmental quality;

(6)assisting the Federal departments and agencies in the development and interrelationship of environmental quality criteria and standards established through the Federal Government;

(7)collecting, collating, analyzing, and interpreting data and information on environmental quality, ecological research, and evaluation.

(e)The Director is authorized to contract with public or private agencies, institutions, and organizations and with individuals without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41 in carrying out his functions.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 91–190, referred to in subsecs. (a), (c), and (d), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, known as the National Environmental Policy Act of 1969, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of this title and Tables. The General Schedule, referred to in subsec. (c), is set out under section 5332 of Title 5. Codification In subsec. (e), “section 3324(a) and (b) of title 31 and section 6101 of title 41” substituted for “section 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Executive Documents

Transfer of Functions

Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget.

§4372 Office of Environmental Quality