An Act to authorize appropriations for activities of the Environmental Protection Agency, and for other purposes.
PL 95-155 (H.R.5101), enacted 11/08/1977

PUBLIC LAW 95-155—NOV. 8, 1977 
91 STAT. 1257 
Public Law 95-155 
95th Congress 
An Act 
To authorize appropriations for activities of the Environmental Protection 
Agency, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Environmental Research, Development, and Demon-
stration Authorization Act of 1978". 
SEC. 2. (a) There are authorized to be appropriated to the Environ-
mental Protection Agency for environmental research, development, 
and demonstration activities for fiscal year 1978— 
(1) $92,500,000 for water quality activities authorized under 
the Federal Water Pollution Control Act of which— 
(A) $25,200,000 is for the Pleahh and Ecological Effects 
program; 
(B) $9,300,000 is for the Industrial Processes program; 
(C) $6,069,000 is for the Monitoring and Technical Support 
program; 
(D) $22,300,000 is for the Public Sector Activities pro-
gram; and 
(E) $29,631,000 is for the Energy program. 
(2) $10,800,000 for activities authorized under the Federal 
Insecticide, Fungicide, and Rodenticide Act, in the Health and 
Ecological Effects program. 
(3) $16,000,000 for water supply activities authorized under 
the Safe Drinking Water Act, in the Public Sector prograui. 
(4) $8,200,000 for toxic substance control activities authorized 
under the Toxic Substances Control Act, in the Health and Eco-
logical Effects program. 
(5) $830,000 for radiation activities authorized under the Public 
Health Act, in the Health and Ecological Effects prograui. 
(6) $35,000,000 for air quality activities authorized under the 
Clean Air Act, which shall be in addition to funds previously 
authorized in the Clean Air Act Amendments of 1977 (Public Law 
95-95), so that the total amount authorized for such activities in 
fiscal year 1978 is $155,000,000, of which— 
(A) $36,000,000 is for the Health and Ecological Effects 
program; 
(B) $11,000,000 is for the Monitoring and Technical Sup-
port program; 
(C) $7,000,000 is for the Industrial Processes program; 
and 
(D) $101,000,000 is for the Energy program. 
(7) $31,273,000 for interdisciplinary activities, of which— 
(A) $9,230,000 is for the Health and Ecological Effects 
program; 
(B) $6,066,000 is for the Industrial Processes program; 
(C) $1,599,000 is for the Public Sector Activities program; 
and 
(D) $14,378,000 is for the Monitoring and Technical Sup-
port program. 
Nov. 8, 1977 
[H.R. 5101] 
Environmental 
Research, 
Development, 
and 
Demonstration 
Authorization Act 
of 1978. 
33 u s e 1251 
note. 
7 u s e 136 note. 
42 u s e 300f 
note. 
15 u s e 2601 
note. 
42 u s e 201 note. 
42 u s e 1857 
note. 
Ante, p. 685. 
91 STAT. 1258 
PUBLIC LAW 95-155—NOV. 8, 1977 
Ante, p. 687. 
Appropriation 
authorization. 
Transfer of funds, 
restriction. 
Budget 
projections. 
42 u s e 4361a. 
42 u s e 4361. 
Public sector 
agencies, grants. 
42 u s e 300j-3a. 
(b) In addition to any other sums anthorizod by this section or by 
other provisions of law— 
(1) thei-e are authorized to be appropriated to the Adminis-
trator of the ^Environmental Protection Ajjency for fiscal year 
1978, $10,000,000 for long-term research and development in 
accordance with section 6 of this Act; 
(2) there are authorized to be appropriated to the Aduiinis-
trator, for fiscal year 1978, $2,000,000 for ti-aining of health sci-
entists needed for environmental I'esearch and developuient in 
fields where there are national shortages of trained personnel; 
and 
(3) there are authorized to be appropriated to the Administra-
tor, for fiscal year 1978, $3,000,000 to implement the study author-
ized in section 103(d) of the Clean Air Act Amendments of 1977 
(Public Law 95-95). 
(c) There is authorized to be appropriated to the Administrator 
$19,000,000 for fiscal year 1978 for program numagement and support 
related to environmental research and development. 
(d) Xo funds may be transferred fi-om any particular- category 
listed in subsection (a) or (b) to any otlier category or categories 
listed in either such subsection if the total of the funds so transferred 
from that particular category would exceed 10 per centum thereof, 
and no funds may be transfeired to any particular category listed in 
subsection (a) or (b) frojn any other category or categories listed in 
either such subsection if the total of the funds so transfei-red to that 
j)articular category would ftjcceed 10 per centum thei'eof, unless— 
(1) a period of thirty legislative days has passed after the 
Administrator of the Environmental Protection Agency or liis 
designee has transmitted to the Speaker of the House of Kepre-
sentatives and to the President of tlie Senate a written report 
containing a full and complete statement concerning the nature 
of the transfer and the reason therefor, or 
(2) each committee of the House of Representatives and the 
Senate having jurisdiction over the subject nuitter involved, 
before the expiration of such period, lias tiansmitted to the Admin-
istrator written notice to the effect that such committee has no 
objection to the proposed action. 
SKC. 3. Appropriations jnade i)ursuant to the authority provided 
in section 2 of this Act shall remain available for obligation for 
expenditure, or for obligation and expenditure, for such period or 
periods as may be specified in the Acts making such appropriations. 
SEC. 4, The Administrator of the Envjronmoital Protection Agency, 
in each annual revision of the five-year plan transmitted to the Con-
gress under section 5 of Public Law 94-475, shall include budget pro-
jections for a "no-growth" budget, for a "moderate-growth" budget, 
and for a "liigh-growth" budget. In addition, each such annual revi-
sion shall include a detailed explanation of the relationship of each 
budget projection to the existing laws which authorize the Adminis-
tration's environmental research, development, and demonstration 
programs. 
SEC. 5. (a) The Administrator of the Environmental Protection 
Agency shall offer grants to public sector agencies for the purposes 
of— 
(1) assisting in the development and demonstration (includ-
ing construction) of any project which will demonstrate a new 
or impix)ved method, approach, or technology for providing a 
dependably safe supply of drinking water to the public; and 
PUBLIC LAW 95-155—NOV. 8, 1977 
91 STAT. 1259 
(2) assisting in the development and demonstration (includ-
ing construction) of any project which will investigate and dem-
onstrate health and conservation implications involved in the 
reclamation, recycling, and reuse of wastewaters for drink-
ing and the processes and methods for the preparation of safe 
and acceptable drinking water. 
(b) Grants made by the Administrator under this section shall be Grants, 
subject to the following limitations: 
limitations. 
(1) Grants under this section shall not exceed 66% per centum 
of the total cost of construction of any facility and 75 per centum 
of any other costs, as determined by the Administrator. 
(2) Grants under this section shall not be made for any proj-
ect involving the construction or modification of any facilities 
for any public water system in a State unless such project lias 
been approved by the State agency charged with the responsi-
bility for safety of drinking water (or if there is no such agency 
in a State, by the State health authority). 
(3) Grants under this section shall not be made for any proj-
ect imless the Administrator determines, after consultation, that 
such project will serve a useful purpose relating to the develop-
ment and demonstration of new or improved teclmiques. methods, 
or teclmologies for the provision of safe water to tlie public for 
drinking. 
(c) There are authorized to be appropriated for the purposes of tliis 
section $25,000,000 for fiscal year 1978. 
SEC. 6. (a) The Administrator of the Environmental Protection 
Agency shall establish a separately identified program to condiu't con-
tinuing and long-term environmental research and development. 
Unless otherwise specified by law, at least 15 per centum of any funds 
appi'opriated to the Administrator for environmental research and 
development under section 2(a) of this Act or under any otlier Act 
shall be allocated for long-term environmental research and devel-
opment under this section. 
(b) The Administrator, after consultation with the Science Advisory 
Board, shall submit to the President and the Congress a report con-
cerning the desirability and feasibility of establishing a national 
environmental laboratory, or a system of such laboratories, to assume 
or supplement the long-term environmental research functions cre-
ated by subsection (a) of this section. Such report shall be submitted 
on or before ]\[arch 31, 1978, and shall include findings and recom-
mendations concerning— 
(1) specific types of research to be carried out by such labora-
tory or laboratories; 
(2) the coordination and integration of research to be con-
ducted by such laboratory or laboratories with research conducted 
by existing Federal or other research facilities; 
(3) methods for assuring continuing long-range funding for 
such laboratory or laboratories; and 
(4) other administrative or legislative actions necessary to 
facilitate the establishment of such laboratory or laboratories. 
SEC. 7. (a) The Administrator of the Enviromnental Pi-otecfion 42 USC 4364k 
Agency shall assure that the expenditure of any funds a])pro])riate(l 
pursuant to this Act or any other provision of law for enviromuen^i'l 
research and development related to regulatoi-y program ac^^iv'^^ies 
shall be coordinated with and reflect the research needs and ])i'iorities 
Research and 
development 
program. 
42 use 4363. 
Report to 
President and 
Congress. 
Contents. 
91 STAT. 1260 
PUBLIC LAW 95-155—NOV. 8, 1977 
Program offices. 
Report to 
President and 
Congress. 
Science Advisory 
Board. 
Establishment. 
42 u s e 4365. 
Membership. 
42 u s e 4361. 
Report to 
Administrator, 
President, and 
Congress. 
of the program offices, as well as the overall research needs and priori-
ties of the Agency, including those defined in the five-year research 
plan. 
(b) For purposes of subsection (a), the appropriate program 
offices are— 
(1) the Office of Air and Waste Management, for air quality 
activities; 
(2) the Office of Water and Hazardous Materials, for water 
quality activities and water supply activities; 
(8) the Office of Pesticides, for environmental effects of 
pesticides; 
(4) the Office of Solid Waste, for solid waste activities; 
^ 5) the Office of Toxic Substances, for toxic substance activities; 
(6) the Office of Kadiation Programs, for radiation activities; 
and 
(7) the Office of Noise Abatement and Control, for noise 
activities. 
(c) The Administrator shall submit to the President and the Con-
gress a report concerning the most appropriate means of assuring, on 
a continumg basis, that the research efforts of the Agency reflect the 
needs and priorities of the regulatory program offices, while main-
taining a high level of scientific quality. Such report shall be submitted 
on or before March 31,1978. 
SEC. 8. (a) The Administrator of the Environmental Protection 
Agency shall establish a Science Advisory Board which shall provide 
such scientific advice as the Administrator requests. 
(b) Such Board shall be composed of at least nine membei-s, 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 consul-
tation 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) In addition to providing scientific advice when requested by the 
Administrator under subsection (a), the Board shall review and 
comment on the Administration's five-year plan for environmental 
research, development, and demonstration provided for by section 5 
of Public Law 94—475 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. 
(d) The Board shall conduct a review of and submit a report to the 
Administrator, the President, and the Congress, not later than 
October 1,1978, concerning— 
(1) the health effects research authorized by this Act and other 
laws; 
(2) the procedures generally used in the conduct of such 
research; 
(.3) the internal and external reporting of the results of such 
research; 
(4) the review procedures for such research and results; 
(5) the procedures by which such results are used in internal 
and external recommendations on policy, regulations, and legisla-
tion; and 
(6) the findings and recommendations of the report to the 
House Committee on Science and Technology entitled "The 
PUBLIC LAW 95-155—NOV. 8, 1977 
91 STAT. 1261 
Environmental Protection Agency's Research Program 
with 
primary emphasis on the Community Health and Environmental 
Surveillance System (CHESS) : An Investigative Report". 
The review shall focus special attention on the procedural safeguards 
required to preserve the scientific integrity of such research and to 
insure reporting and use of the results of such research in subsequent 
reconunendations. The report shall include specific recommendations 
on the results of the review to ensure scientific integrity throughout 
the Agency's health effects research, review, reporting, and recom-
meudatiou process. 
(e) (1) Tlie Aduiinistrator, at the time any proposed criteria docu-
ment, standard, limitation, or regulation under the Clean Air Act, the 
Federal Water Pollution Control Act, the Resource, Conservation and 
Recovery Act of 1976, the Noise Control Act, the Toxic Substances 
Control Act, or the Safe Drinking "Water Act, or under any other 
authority of the Administrator, is provided to any other Federal 
agency for formal J-eview 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 P^nvironmental Protection Agency on which 
the proi)osed 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. 
(f) In preparing such advice and comments, the Board shall avail 
itself of the technical and scientific ca])abilities of any Federal agency, 
including the Environmental Protection Agency and any national 
environmental laboratories. 
(g) The Board is authorized to constitute such member committees 
and investigative panels as the Administrator and the Board find 
necessaiy to carry out this section. Eacli such member committee or 
investigative panel shall be chaired by a member of the Board. 
(h) (1) l^'pon the recommendation of the Board, the Administrator 
shall ai^point a secretary, and such other employees as deemed neces-
sary to exercise and fulfill the Board's powers and responsibilities. 
The compensation of all employees appointed under tliis paragraph 
shall be fixed in accordance Mith chapter 51 and subchapter I I I of 
chapter 58 of title 5 of the United States Code. 
(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 53.32 
of title 5 of the United States Code. 
(i) In carrying out the functions assigned by this section, the Board 
shall consult and coordinate its activities with the Scientific Advisory 
Panel established by Che Administrator pursuant to section 25(d) 
of the Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended. 
SEC. 9. (a) The Administrator of the Environmental Protection 
Agency, in consultation and cooperation with the heads of other Fed-
eral agencies, shall take such actions on a continuing basis as may be 
necessaiy or appropriate— 
(1) to identify environmental research, development, and 
demonstration activities, within and outside the Federal Govern-
42 use 
note. 
33 use 
note. 
42 use 
note. 
42 use 
note. 
15 use 
note. 
42 use 
note. 
1857 
1251 
6901 
4901 
2601 
SOOf 
Member 
committees and 
investigative 
panels. 
Secretary, 
appointment. 
5 u s e 5101, 
5331. 
5 u s e 5332 note. 
7 u s e 136w. 
42 u s e 4366. 
91 STAT. 1262 
PUBLIC LAW 95-155—NOV. 8, 1977 
mont, which niay need to bo more effectively coordinated in order 
to minimize unnecessary duplication of pro<^rams, projects, and 
research facilities; 
(2) to determine the steps which might be taken under existing 
law, by him and by the heads of such other agencies, to accomplish 
or promote such coordination, and to provide for or encourage the 
taking of such steps; and 
(3) to determine the additional legislative actions which would 
be needed to assure such coordination to the maximum extent 
possible. 
Report. 
The Administrator shall include in each annual revision of the five-
42 use 4361. 
year plan provided for by section 5 of Public Law 94-475 a full and 
com|)lete report (m the actions taken and determinations made during 
the pr-eceding year under this subsection, and may submit interim 
reports on such actions and determinations at such other times as he 
dee'Ms appropriate. 
(b) The Administrator of the Environmental Protection Agency 
shall cooi'dinate environmental research, development, and demon-
stration programs of such Agency with the heads of other Federal 
agencies in order to minimize unnecessary duplication of programs, 
projects, and research facilities. 
(c)(1) In order to promote the coordination of environmental 
research and development activities, and to assure that the action taken 
and methods used (under subsection (a) and otherwise) to biing about 
s'H'li coordination will be as effective as possible for that purpose, tlie 
Council on Environmental Quality in consultation with the Office of 
Science and Technology Policy shall [)rompt]y undertake and carry 
out a joint study of all aspects of the cooi'dination of enviromnental 
reseai'ch and development. Tiie Chaii-man of tlie Council shall pre-
pare a I'eport on the results of such study, together with such recom-
mendations (including legislative recommeiulations) as he deems 
ap])ropriate, and shall submit such report to the President and the 
(\)ngress not later than May 31,1978. 
(2) Not later than Sei)tember 80, 1978, the President shall report 
to the Congress on steps he has taken to implement the recommenda-
tions included in the repoi't under paragrapli (1), including any rec-
onunendations he may have for legislation. 
SEC. 10. The Administrator of the P^nvironmental Protection Agency 
shall implement the recommendations of the report prepai'ed for the 
House Committee on Science and Technology entitled "The Environ-
mental Protection Agency Research Program with primary emphasis 
on the Community Health and P^nvironmental Surveillance System 
( C H P J S S ) : An Investigative Report", unless for any specific rec-
: • ,. 
ommendation he determines (1) that such recommendation has been 
implemented, (2) that implementation of such recommendation would 
not enhance the quality of the research, or (3) that implementation of 
such reconnnendation will require funding which is not available. 
Where such funding is not available, the Administrator shall request 
the required authorization or appropriation for such implementation. 
The Administrator shall report the status of such implementation 
in each annual revision of the five-year plan transmitted to the Con-
gres-s under section 5 of Public Law 94-475. 
Personnel 
SEC. 11. The Administrator of the Environmental Protection Agency 
positions, 
shall increase the number of personnel positions in the Health and 
increase. 
Ecological Effects program to 862 positions for fiscal year 1978. 
Report to 
President and 
Congress. 
Legislative 
recommenda-
tions. 
Presidential 
report to 
Congress. 
42 u s e 4361b. 
PUBLIC LAW 95-155—NOV. 8, 1977 
91 STAT. 1263 
SEC. 12. (a) Each officer or employee of the Environmental Protec-
tion Agency who— 
(1) performs any function or duty under this Act; and 
(2) has any known financial interest in any person who applies 
for or receives grants, contracts, or other forms of financial assist-
ance under this Act, 
shall, beginning on February 1, 1978, annually file with the Admin-
istrator a written statement concerning all such interests held by such 
officer or employee during the preceding calendar year. Such statement 
shall be available to the public. 
(b) The Administrator shall— 
(1) act within ninety days after the date of enactment of this 
Act— 
(A) to define the term "known financial interest" for pur-
poses of subsection (a) of this section; and 
(B) to establish the methods by which the requirement to 
file written statements specified in subsection (a) of this sec-
tion will be monitored and enforced, inchiding appropriate 
provision for the filing by such officers and employees of such 
statements and the review by the Administrator of such state-
ments; and 
(2) report to the Congress on June 1 of each calendar j^ear with 
respect to such disclosures and the actions taken in regard thereto 
during the preceding calendar year. 
(c) In the rules prescribed under subsection (b) of this section, the 
Administrator may identify specific positions of a nonpolicymaking 
nature within the Administration and provide that officei-s or employ-
ees occupying such positions shall be exempt from the requirements of 
this section. 
(d) Any officer or employee who is subject to, and knowingly vio-
lates, this section, shall be fined not more than $2,500 or imprisoned 
not more than one year, or both. 
SEC. 13. It is the national policy that to the maximum extent possible 
the procedures utilized for implementation of this Act shall encourage 
the drastic minimization of paperwork. 
Approved November 8, 1977. 
Annual 
statement, Hling. 
42 use 4367. 
Report to 
Congress. 
Violation, 
penalty. 
Paperwork 
minimization, 
encouragement. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-157 (Comm. on Science and Technology) and No. 95-722 
(Comm. of Conference). 
SENATE REPORT No. 95-188 accompanying S. 1417 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Apr. 19, considered and passed House. 
May 27, considered and passed Senate, amended, in lieu of S. 1417. 
Oct. 20, Senate agreed to conference report. 
Oct. 25, House agreed to conference report. 
* '