Page:United States Statutes at Large Volume 90 Part 2.djvu/580

 90 STAT. 204S

Report to Congress.

Penalty.

PUBLIC LAW 94-469—OCT. 11, 1976 (B) has any known financial interest (i) in any person subject to this Act or any rule or order in effect under this Act, or (ii) i n any person who applies for or receives any g r a n t or contract under this Act, shall, on February 1, 1978, and on February 1 of each year thereafter, file with the Administrator or the Secretary of Health, Education, and Welfare (hereinafter i n this subsection referred to as the "Secretary "), as appropriate, a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be made available to the public. (2) The Administrator and the Secretary shall— (A) act within 90 days of the effective date of this Act— (i) to define the term "known financial interests" for purposes of paragraph (1), and (ii) to establish the methods by which the requirement to file written statements specified in paragraph (1) will be monitored and enforced, including appropriate provisions for review by the Administrator and the Secretary of such statements; and (B) report to the Congress on June 1, 1978, and on June 1 of each year thereafter with respect to such statements and the actions taken in regard thereto during the preceding calendar year. (3) The A d m i n i s t r a to r may by rule identify specific positions with the Environmental Protection Agency, and the Secretary may by rule identify specific positions with the Department of Health, Education, and Welfare, which are of a nonregulatory or nonpolicymaking nature, and the Administrator and the Secretary may by rule provide that officers or employees occupying such positions shall be exempt from the requirements of paragraph (1). (4) T h i s subsection does not supersede any requirement of chapter 11 of title 18, United States Code. (5) Any officer or employee who is subject to, and knowingly violates, this subsection or any rule issued thereunder, shall be fined not more than $2,500 or imprisoned not more than one year, or both. (f)

Appointment.

5 USC app. II.

STATEMENT OF BASIS AND P U R P O S E. — Any final order

issued

under this Act shall be accompanied by a statement of its basis and purpose. The contents and adequacy of any such statement shall not be subject to judicial review in any respect. (g) ASSISTANT ADMINISTRATOR.— (1) The President, by and with the advice and consent of the Senate, shall appoint a n Assistant Administrator for Toxic Substances of the Environmental Protection Agency. Such Assistant Administrator shall be a qualified individual who is, by reason of background and experience, especially qualified to direct a program concerning the effects of chemicals on human health and the environment. Such Assistant Administrator shall be responsible for (A) the collection of data, (B) the preparation of studies, (C) the making of recommendations to the Administrator for regulatory and other actions to carry out the purposes and to facilitate the administration of this Act, and (D) such other functions as the Administrator may assign or delegate. (2) The Assistant Administrator to be appointed under paragraph (1) shall (A) be in addition to the Assistant Administrators of the Environmental Protection Agency authorized by section 1(d) of Reorganization P l a n No. 3 of 1970, and (B) be compensated a t the rate of pay authorized for such Assistant Administrators.

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