42 U.S.C. § 300j–5: National Drinking Water…

Summary

Creates a National Drinking Water Advisory Council of 15 people appointed by the Administrator after talking with the Secretary. Five members come from the general public, five from state or local agencies that deal with water and public supply, and five from private groups interested in water and public supply, including two who are linked to small, rural public water systems. Members serve three-year terms, may be reappointed, anyone filling a vacancy serves the rest of that term, and the first members’ terms end one, two, or three years after December 16, 1974, as the Administrator sets. The Council must advise and make recommendations to the Administrator about the Agency’s activities, functions, and policies under this part of the law. While doing Council work, members are paid and get allowances at a rate set by the Administrator but not higher than the daily equivalent of the annual basic pay for grade GS‑18 of the General Schedule. They can also get travel expenses and per diem like intermittent government workers under section 5703(b) of title 5. Section 1013(a) of title 5 (the advisory committee termination rule) does not apply to this Council.

Title 42, §300j–5

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

(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.

(c)Compensation and allowances; travel expenses

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) of title 5.

(d)Advisory committee termination provision inapplicable

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 5703 of title 5, referred to in subsec. (c), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b).

Amendments

2022—Subsec. (d). Pub. L. 117–286 substituted “section 1013(a) of title 5 (relating to termination),” for “section 14(a) of the Federal Advisory Committee Act (relating to termination)”. 1996—Subsec. (a). Pub. L. 104–182 inserted “, of which two such members shall be associated with small, rural public water systems” before period at end of second sentence.

Statutory Notes and Related Subsidiaries

Termination of Advisory Committees Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. 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.

§300j–5 National Drinking Water Advisory Council