861 



person has acted or is acting in compliance with this 

 subchapter, including for this purpose, inspection,' at 

 reasonable times, of records, files, papers, processes, 

 controls, and facilities, or in order to test any feature 

 of a public water system, including its raw water 

 source. The Administrator or the Comptroller Gen- 

 eral (or any representative designated by either) 

 shall have access for the purpose of audit and ex- 

 amination to any records, reports, or iaformation of 

 a grantee which are required to be maintained under 

 subsection (a) of this section or which are pertinent 

 to any financial assistance under this subchapter. 



(2) No entry may be made under the first sentence 

 Of paragraph (1) in an establishment, facility, or 

 other property of a supplier of water or other person 

 subject to a national primary drinking w'ater regu- 

 lation if the establishment, facility, or other property 

 is located in a State which has primary enforcement 

 responsibility for public water systems unless, before 

 written notice of such entry is made, the Administra- 

 tor (or his representative) notifies the State agency 

 charged with responsibility for safe drinking water 

 of the reasons for such entry. The Administrator 

 shall, upon a showing by the State agency that such 

 an entry will be detrimental to the administration 

 of the State's program of primary enforcement 

 responsibility, take such showing into consideration 

 in determining whether to make such entry. No State 

 agency which receives notice under this paragraph 

 of an entry proposed to be made under paragraph 

 (1) may use the information contained in the notice 

 to inform the person whose property is proposed to 

 be entered of the proposed entry; and if a State 

 agency so uses such information, notice to the agency 

 under this paragraph is not required until such time 

 as the Administrator determines the agency has pro- 

 vided him satisfactory assurances that it will no 

 longer so use information contained in a notice under 

 this paragraph. 



(c) Penalty. 



Whoever fails or refuses to comply with any re- 

 quirement of subsection (a) of this section or to allow 

 the Administrator, the Comptroller General, or rep- 

 resentatives of either, to enter and conduct any audit 

 or inspection authorized by subsection (b) of this 

 section may be fined not more than $5,000. 



(d) Confidential information; trade secrets and secret 

 processes; information disclosure; "information 

 required under this section" defined. 



(1) Subject to paragraph (2) , upon a showing sat- 

 isfactory to the Administrator by any person that 

 any information required under this section from 

 such person, if made public, would divulge trade 

 secrets or secret processes of such person, the Admin- 

 istrator shall consider such information confidential 

 in accordance with the purposes of section 1905 of 

 Title 18. If the applicant fails to make a showing 

 satisfactory to the Administrator, the Administrator 

 shall give such applicant thirty days' notice before 

 releasing the information to which the application 

 relates (unless the public health or safety requires 

 an earlier release of such information) . 



(2) Any information required under this section 

 (A) may be disclosed to other ofBcers, employees, or 



authorized representatives of the United States con- 

 cerned with carrying out this subchapter or to com- 

 mittees of the Congress, or when relevant in any 

 proceeding under this subchapter, and (B) shall be 

 disclosed to the extent it deals with the level of con- 

 taminants in drinking water. For purposes of this 

 subsection the term "information required under 

 this section" means any papers, books, documents, 

 or information, or any particular part thereof, re- 

 ported to or otherwise obtained by the Administrator 

 under this section. 



(e) "Grantee" and "person" defined. 



For purposes of this section, (1) the term "grantee" 

 means any person who applies for or receives finan- 

 cial assistance, by grant, contract, or loan guarantee 

 under this subchapter, and (2) the term "person" 

 includes a Federal agency. (July 1, 1944, ch. 373, title 

 Xrv, S 1445, as added Dec. 16. 1974, Pub. L. 93-523, 

 § 2(a), 88 Stat. 1686.) 



§ 300J-5. National Drinking Water Advisory Council. 



(a) Establishment; membership; representation of 



interests; term of office, vacancies; reappointment. 

 There is established a National Drinking Water 

 Ad^'isory Council which shall consist of fifteen mem- 

 bers appointed by the Administrator after consulta- 

 tion with the Secret.^ry. Five members shall be ap- 

 pointed from the general public ; five members shall 

 be appointed from appropriate State and local agen- 

 cies 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. Each member of the 

 Council shall hold office for a term of three years, 

 except that — 



( 1 ) any member appointed to fill a vacancy oc- 

 curring prior to the expiration of the term for 

 which his predecessor was appointed shall be ap-~ 

 pointed 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 dite, 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; ti"avel expenses. 



Members of the Council appointed under this 

 section shall, while attending meetings or confer- 

 ences of the Council or otherwise engaged in business 

 of the Council, receive compensation and allow- 

 ances 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 travel- 

 time) during which they are engaged in the act'aal 

 performance of duties vested in the Council. While 



