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LEGISLATIVE HISTORY: HOUSE REPORTS: SENATE REPORT: CONGRESSIONAL RECORD: Vol. 126 (1980): No. 96-1095 (Committee on Appropriations). No. 96-1519 (Committee of Conference). No. 96-1030 (Committee on Appropriations). July 29, 30, considered and passed House. Nov. 25, considered and passed Senate, amended. Dec. 4, House agreed to conference report; receded from its disagreement and concurred in certain Senate amendments and in others with amendments, Senate agreed to conference report and concurred in House amendments. REPORT RESULTING FROM THIS LEGISLATION: Risk Assessment in the Federal Government: Managing the Process 81
Public Law 97-35 CONSUMER PRODUCT SAFETY AMENDMENTS OF 1981 (SUBTITLE A OF TITLE XII OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981) 95 Stat. 357 August 13, 1981 CHRONIC HAZARDS SEC. 1206. (a) The following section is inserted after section 27 [of the Consumer Product Safety Act]: CHRONIC HAZARD ADVISORY PANEL SEC. 28. (a) The Commission shall appoint Chronic Hazard Advisory Panels (hereinafter referred to as the Panel or Panels) to advise the Commission in accordance with the provisions of section (31)(b) respecting the chronic hazards of cancer, birth defects, and gene mutations associated with Consumer products. (b) Each Panel shall consist of 7 members appointed by the Commission from a list of nominees who shall be nominated by the President of the NATIONAL ACADEMY OF SCIENCES from scien- tists-- (1) who are not officers or employees of the United States, and who do not receive compensation from or have any substantial financial interest in any manufacturer, distributor, or retailer of a consumer product; and (2) who have demonstrated the ability to critically assess chronic hazards and risks to human health presented by the exposure of humans to toxic substances or as demonstrated by the exposure of animals to such substances. The President of the NATIONAL ACADEMY OF SCIENCES shall nominate for each Panel a number of individuals equal to three times the number of members to be appointed to the Panel. (95 Stat. 716 15 U.S.C. § 2077] 82
LEGISLATIVE HISTORY: HOUSE REPORTS: SENATE REPORT: CONGRESSIONAL RECORD: Vol. 127 (1981): No. 97-158, vols. I-III (Committee on the Budget). No. 97-208, bks. 1, 2 (Committee of Conference). No. 97-139, accompanying S. 1377 (Committee on the Budget). June 22-25, S. 1377 considered and passed Senate. June 25, 26, considered and passed House. July 13, considered and passed Senate, amended, in lieu of S. 1377. July 31, House and Senate agreed to conference report. 83
Environmental Protection P. L. 91-441: Armed Forces Appropriation Authorization, 1971 (Herbicides and Defoliation Study) P. L. 92-516: Federal Environmental Pesticide Control Act of 1972 (Public Hearings and Scientific Review) P. L. 93-135: Agriculture-Environmental and Consumer Pro- tection Appropriation Act (Study of Environ- mental Protection Agency Programs) P. L. 95-477: Environmental Research, Development, and Demonstration Authorization Act of 1979 P. L. 96-229: Environmental Research, Development, and Demonstration Authorization Act of 1980 (Non- Nuclear Hazardous Waste Disposal Study) (See also P. L. 95-87 under LAND AND RESOURCE MANAGE- MENT)
Public Law 91-441 91st Congress - H. R. 17123 ARMED FORCES APPROPRIATION AUTHORIZATION, 1971 84 Stat. 905 October 7, 1970 [HERBICIDES AND DEFOLIATION STUDY] SEC. 506. (c)(1) The Secretary of Defense shall undertake to enter into appropriate arrangements with the NATIONAL ACADEMY OF SCIENCES to conduct a comprehensive study and investigation to determine (A) the ecological and physiological dangers inherent in the use of herbicides, and (B) the ecological and physiological effects of the defoliation program carried out by the Department of Defense in South Vietnam. (2) Of the funds authorized by this Act for research, develop- ment, testing, and evaluation of chemical warfare agents and for defense against biological warfare agents, such amounts as are required shall be available to carry out the study and investigation authorized by paragraph (1) of this subsection. (3) In entering into any arrangement with the NATIONAL ACADEMY OF SCIENCES for conducting the study and investiga- tion authorized by paragraph (1) of this subsection, the Secretary of Defense shall request that the NATIONAL ACADEMY OF SCI- ENCES submit a final report containing the results of its study and investigation to the Secretary not later than January 31, 1972. The Secretary shall transmit copies of such report to the President and the Congress, together with such comments and recommendations as he deems appropriate, not later than March 1, 1972. [84 Stat. 913 10 U.S.C § 2358 note] LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1022 (Committee on Armed Services). No. 91-1473 (Committee of Conference). 87
SENATE REPORT: CONGRESSIONAL RECORD: Vol. 116 (1970): No. 91-1016 (Committee on Armed Services). Apr. 29, 30, May 6, considered and passed House. May 5, 7, July 23, 24, 27-31, Aug. 3-7, 10-14, 17-21, 24-28, 31, considered in Senate. Sept. 1, considered and passed Senate, amended. Sept. 29, House agreed to conference report. Oct. |, Senate agreed to conference report. REPORT RESULTING FROM THIS LEGISLATION: The Effects of Herbicides in South Vietnam 88
Public Law 92-516 92nd Congress - H. R. 10729 FEDERAL ENVIRONMENTAL PESTICIDE CONTROL ACT OF 1972 86 Stat. 973 October 21, 1972 PUBLIC HEARINGS AND SCIENTIFIC REVIEW SEC. 6. (d) In the event a hearing is requested pursuant to sub- section (b{*] or determined upon by the Administrator [of the Environmental Protection Agency] pursuant to subsection (b), such hearing shall be held after due notice for the purpose of receiving evidence relevant and material to the issues raised by the objections filed by the applicant or other interested parties, or to the issues stated by the Administrator, if the hearing is called by the Adminis- trator rather than by the filing of objections. Upon a showing of relevance and reasonable scope of evidence sought by any party to a public hearing, the Hearing Examiner shall issue a subpena to com- pel testimony or production of documents from any person. The Hearing Examiner shall be guided by the principles of the Federal Rules of Civil Procedure in making any order for the protection of the witness or the content of documents produced and shall order the payment of reasonable fees and expenses as a condition to requiring testimony of the witness. On contest, the subpena may be enforced by an appropriate United States district court in accor- dance with the principles stated herein. Upon the request of any party to a public hearing and when in the Hearing Examiner's judg- ment it is necessary or desirable, the Hearing Examiner shall at any time before the hearing record is closed refer to a Committee of the NATIONAL ACADEMY OF SCIENCES the relevant questions of scientific fact involved in the public hearing. No member of any committee of the NATIONAL ACADEMY OF SCIENCES established to carry out the functions of this section shall have a financial or other conflict of interest with respect to any matter considered by such committee. The Committee of the NATIONAL ACADEMY OF SCIENCES shall report in writing to the Hearing Examiner within 60 days after such referral on these questions of scientific fact. The report shall be made public and shall be considered as part of the hearing record. The Administrator shall enter into appropriate arrangements with the NATIONAL ACADEMY OF SCIENCES to 89
assure an objective and competent scientific review of the questions presented to Committees of the ACADEMY and to provide such other scientific advisory services as may be required by the Adminis- trator for carrying out the purpose of this Act. As soon as prac- ticable after completion of the hearing (including the report of the ACADEMY) but not later than 90 days thereafter, the Administrator shall evaluate the data and reports before him and issue an order either revoking his notice of intention issued pursuant to this sec- tion, or shall issue an order either canceling the registration, chang- ing the classification, denying the registration, or requiring modifi- cation of the labeling or packaging of the article. Such order shall be based only on substantial evidence of record of such hearing and shall set forth detailed findings of fact upon which the order is based. [86 Stat. 986 7 U.S.C. § 136d (d)] [*JSEC. 6. (b) [CANCELLATION AND CHANGE IN CLASSIFICA- TION.] If it appears to the Administrator that a pesticide or its labeling or other material required to be submitted does not comply with the provisions of this Act or, when used in accordance with widespread and commonly recognized practice, generally causes unreasonable adverse effects on the environment, the Administrator may issue a notice of his intent eitherâ (1) to cancel its registration or to change its classification together with the reasons (including the factual basis) for his action, or (2) to hold a hearing to determine whether or not its regis- tration should be canceled or its classification changed. Such notice shall be sent to the registrant and made public. The proposed action shall become final and effective at the end of 30 days from receipt by the registrant, or publication, of a notice issued under paragraph (1), whichever occurs later, unless within that time either (i) the registrant makes the necessary corrections, if possible, or (ii) a request for a hearing is made by a person adversely affected by the notice. In the event a hearing is held pursuant to such a request or to the Administrator's determination under paragraph (2), a decision pertaining to registration or classifi- cation issued after completion of such hearing shall be final. [86 Stat. 984 7 U.S.C. § 136d (b)] 90
The role of the NATIONAL ACADEMY OF SCIENCES is set out in the legislative history, which provides in relevant part: Subsection (d) sets forth procedures for hearings pursuant to Subsection (b) and provides for scientific review. When an applicant requests a public hearing, at the outset of such hearing any party (including the hearing officer) may refer questions of scientific fact to a Committee of the NATIONAL ACADEMY OF SCIENCES. Such Committee would be required to report in writing to the hearing officer within sixty days on these questions of scientific fact and the report would be made public and considered as part of the hearing record. This language in the bill relating to scientific advice would maintain a role for scientific advisory committees of the NATIONAL ACADEMY OF SCIENCES equivalent to that in the present provi- sions of FIFRA [Federal Insecticide, Fungicide, and Rodenticide Act] The amended language would have the further benefit of allowing the advisory committee to consider questions of scientific fact while the public hearing is in process rather than in a com- pletely separate administrative review process which causes long delays and division of responsibility for actions under the Act. However, the Committee would meet outside of the public hearing so that the scientists who participate would not be subject to cross-examination and other procedural strictures. SENATE REPORT No. 838, 92nd Congress, 2nd Session, pp. 23-24, reprinted in 1972 U. S$. CODE CONGRESSIONAL AND ADMINIS- TRATIVE NEWS, pp. 4015-16. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-511 (Committee on Agriculture). No. 92-1540 (Committee of Conference). SENATE REPORTS: No. 92-838 (Committee on Agriculture and Forestry). No. 92-970 (Committee on Commerce). 91
CONGRESSIONAL RECORD: Vol. 117 (1971): Nov. 8, 9, considered and passed House. Vol. 118 (1972) Sept. 26, considered and passed Senate, amended. Oct. 5, Senate agreed to conference report. Oct. 12, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 8, No. 44 (1972): Oct. 21, Presidential statement. 92
Public Law 93-135 | 93rd Congress - H. R. 8619 AGRICULTURE-ENVIRONMENTAL AND CONSUMER PROTECTION APPROPRIATION ACT 87 Stat. 468 October 24, 1973 TITLE II-â-ENVIRONMENTAL PROGRAMS % % % ENVIRONMENTAL PROTECTION AGENCY * * * ABATEMENT AND CONTROL * % * For an amount for a study by the NATIONAL ACADEMY OF SCIENCES, $5,000,000 in connection with the Environmental Pro- tection Agency. [87 Stat. 482 Not codified] The purpose of this study is set out in the legislative history, which reads in relevant part: STUDY OF ENVIRONMENTAL PROGRAMS Because of all the problems [EPA priorities, regulations, deadlines, etc.] discussed above, the Committee [on Appropriations] recommends an appropriation of $5,000,000 for a complete and thorough review of the programs of the Environmental Protection Agency. The studies shall be conducted under contract with the NATIONAL ACADEMY OF SCIENCES which has a reputation for technical competence and complete objectivity, and shall include, but not be limited to: 93
(1) The estimated cost of pollution abatement activities over the next decade and the benefits to be derived versus the cost. (If we are to spend $287 billion over the next decade, as estimated by EPA, how can we get the maximum pollution control for our money 7); (2) The degree to which environmental regulations have contri- buted or will contribute to the current and the long-term energy Crisis; (3) The effect of emission control standards on the cost and performance of automobiles, including the cost/benefit implications of present standards; (4) The benefits and hazards to humans of agricultural and home use chemicals, such as pesticides, herbicides, rodenticides and fer- tilizers; and the effect on food and fiber production and the protec- tion of human health of the inability to use those chemicals now banned or restricted; and (5) The utilization of scientific and technical personnel and the identification of policy level positions that should be staffed with scientific or technical personnel. The Committee feels that this study will provide the informa- tion needed to better assess where we are headed and whether or not the cost of getting there is equal to the benefits. EPA will be expected to submit periodic reports to the Committee on the prog- ress of these studies. Copies of the final report shall be provided to the appropriate executive departments and agencies and to the Congress. HOUSE REPORT No. 275, 93rd Congress, Ist Session, p. 59 (1973). LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-275 (Committee on Appropriations). No. 93-520 (Committee of Conference). SENATE REPORT: No. 93-253 (Committee on Appropriations). 94
CONGRESSIONAL RECORD: Vol. 119 (197 3): June 25, considered and passed House. June 28, considered and passed Senate, amended. Sept. 25, House agreed to conference repor t; concurred in Senate amendments with amendments. Oct. 10, Senate agreed to conference report and agreed to House amendments. REPORTS RESULTING FROM THIS LEGISLATION: Vol. No. I II Il IV VI Vil Vill Title of Report Perspectives on Technical Information for Environ- mental Protection Decision Making in the Environmental Protection Agency Research and Development in the Environmental Protection Agency IIIa: Sources of Residuals and Techniques for Their Control: Research and Development Needs Illb: Fates of Pollutants: Research and Development Needs Wc: Effects of a Polluted Environment: Research and Development Needs IIld: Environmental Impacts of Resource Manage- ment: Research and Development Needs Environmental Monitoring Manpower for Environmental! Pollution Control Implications of Environmental Regulations for Energy Production and Consumption Pesticide Decision Making Noise Abatement: Policy Alternatives for Transportation 95
IX ~ Multimedium Management of Municipal Sludge X Disposal in the Marine Environment: An Oceanographic Assessment 96
Public Law 95-477 | 95th Congress - H. R. 11302 ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHORIZATION ACT OF 1979 92 Stat. 1507 October 18, 1978 [COORDINATION OF ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION EFFORTS; STUDY] SEC. 3. (c)(1) There is authorized to be appropriated to the Environmental Protection Agency for the fiscal year 1979, $1,000,000, and for the fiscal year 1980, $1,000,000, for a study and report, to be conducted outside the Federal Government, on (A) coordination of the Federal Government's efforts in environmental research, development, and demonstration, and (B) the application of the results of such efforts to environmental problems. (2) The study shall be conducted under a contract let by the Administrator. Such contract shall (A) be developed in consultation with an interagency advisory committee whose membership includes representatives of the Office of Management and Budget and of all! agencies conducting or using the results of environmental research, and (B) provide for an oversight and review role by the NATIONAL ACADEMY OF SCIENCES. (3) The study shall conclude with a report to be submitted to the President, the Administrator, and the Congress within two years after the date of the enactment of this Act. The report shall include recommendations for action by the President, the Adminis- trator, other agencies, or the Congress, as may be appropriate. (4) The report shall not be subject to any prior clearance or review (except as specifically provided in this subsection), nor shall any such prior clearance be a part of the contract let under paragraph (2), [92 Stat. 1509 42 U.S.C. § 4366 note] 97
LEGISLATIVE HISTORY: HOUSE REPORTS: SENATE REPORT: CONGRESSIONAL RECORD: Vol. 124 (1978): No. 95-985 (Committee on Science and Technology). No. 95-1593 (Committee of Conference). No. 95-877 (Committee on Environment and Public Works). Apr. 27, considered and passed House. May 26, considered and passed Senate, amended. Sept. 26, Senate agreed to conference report. Oct. 4, House agreed to conference report. 98
Public Law 96-229 | 96th Congress - H. R. 2676 ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHORIZATION ACT OF 1980 94 Stat. 325 April 7, 1980 [NON-NUCLEAR HAZARDOUS WASTE DISPOSAL STUDY] SEC. 2. (a)(7)(B) $2,100,000 is for a Hazardous Waste program of which-- (i) $300,000 shall be used for a study of non-nuclear hazardous waste disposal including consideration of the effects of such disposal on the environment, and a general review of disposal technology, alternatives to disposal, and options for containing or removing hazardous wastes already in the environment. The Administrator of the Environmental Protection Agency shall enter into appropriate arrangements with the NATIONAL ACADEMY OF SCIENCES to conduct this study. The ACADEMY should complete the study within eighteen months after funding arrangements have been made and make interim reports at least every six months to the Congress and the Environmental Protection Agency. The Administrator shall regularly report to the Congress on the Agency's response to the interim reports and shall deliver his recommendations for acting on the findings of the final study no later than July 1, 1981; (ii) $300,000 shall be used to begin development of protocols and working manuals specifying the types of health problems associated with various hazardous wastes, effects of various kinds of exposure, strategies to contain releases from hazardous disposal sites, actions to be taken by on-scene response teams, and other activities deemed by the Administrator to be of urgent need in responding to hazardous waste releases; and (iii) $1,500,000 shall be used to demonstrate cost-effective Strategies for isolating, containing, or neutralizing hazardous wastes. [94 Stat. 326 Not codified] 99
LEGISLATIVE HISTORY: HOUSE REPORTS: SENATE REPORT: CONGRESSIONAL RECORD: Vol. 125 (1979): Vol. 126 (1980): No. 96-58 (Committee on Science and Technology). No. 96-611 (Committee of Conference) No. 96-158 (Committee on Environment and Public Works). Mar. 26, 27, considered and passed House. May 23, considered and passed Senate, amended. Nov. 14, Senate agreed to conference report. Nov. 29, point of order made and sustained against conference report; House receded from its disagreement and agreed to Senate amendment No. | with an amendment; agreed to amendments numbered 2 through 7. Mar. 25, Senate agreed to House amendment. 100
P. L. 93-112: P. L. 93-154: P. L. 93-222: P. L. 95-83: P. L. 98-551: Health Care Delivery Rehabilitation Act of 1973 (Rehabilitation Serv- ices Administration) Emergency Medical Services Systems Act of 1973 (Interagency Committee on Emergency Medical Services) (Includes amendment in P. L. 94-573) Health Maintenance Organization Act of 1973 (Health Care Quality Assurance Programs Study) Health Planning and Health Services Research and Statistics Extension Act of 1977 (Interna- tional Health Activities Study) Health Promotion and Disease Prevention Amendments of 1984 (Council on Health Care Technology) 103 105 107 110 112
