dreamproit/uscode huggingface dataset:
42 U.S.C. § 7234 (THE PUBLIC HEALTH AND WELFARE)
§ 7234. Advisory committees
The Secretary is authorized to establish in accordance with chapter 10 of title 5 such advisory committees as he may deem appropriate to assist in the performance of his functions. Members of such advisory committees, other than full-time employees of the Federal Government, while attending meetings of such committees or while otherwise serving at the request of the Secretary while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for individuals in the Government serving without pay.
(Pub. L. 95–91, title VI, § 624, Aug. 4, 1977, 91 Stat. 598; Pub. L. 105–28, § 2(b)(1), July 18, 1997, 111 Stat. 245; Pub. L. 117–286, § 4(a)(266), Dec. 27, 2022, 136 Stat. 4335.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”.
1997—Pub. L. 105–28 struck out subsec. (a) designation and struck out subsec. (b) which read as follows: “Section 776 of title 15 shall be applicable to advisory committees chartered by the Secretary, or transferred to the Secretary or the Department under this chapter, except that where an advisory committee advises the Secretary on matters pertaining to research and development, the Secretary may determine that such meeting shall be closed because it involves research and development matters and comes within the exemption of section 552b(c)(4) of title 5.”
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Committees
text: Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
heading: Department of Energy Project Review Groups not Subject to Chapter 10 of Title 5, United States Code, by Reason of Inclusion of Employees of Department of Energy Management and Operating Contractors
text: Pub. L. 108–136, div. C, title XXXI, § 3112, Nov. 24, 2003, 117 Stat. 1743, as amended by Pub. L. 117–286, § 4(a)(267), Dec. 27, 2022, 136 Stat. 4335, provided that: “An officer or employee of a management and operating contractor of the Department of Energy, when serving as a member of a group reviewing or advising on matters related to any one or more management and operating contracts of the Department, shall be treated as an officer or employee of the Department for purposes of determining whether the group is an advisory committee within the meaning of section 1001 of title 5, United States Code.”
42 U.S.C. § 10173b (THE PUBLIC HEALTH AND WELFARE)
§ 10173b. Review Panel
(a) In general
The Review Panel required to be established by section 10173a(b)(1) of this title shall consist of a Chairman selected by the Secretary in consultation with the Governor of the State or governing body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows:
(1) 2 members selected by the Governor of such State or governing body of such Indian tribe;
(2) 2 members selected by units of local government affected by the repository or monitored retrievable storage facility;
(3) 1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and
(4) 1 member to represent other public interests, to be selected by the Secretary.
(b) Terms
(1) The members of the Review Panel shall serve for terms of 4 years each.
(2) Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other expenses while engaged in the work of the Review Panel.
(3) Expenses of the Panel shall be paid by the Secretary from the Waste Fund.
(c) Duties
The Review Panel shall—
(1) advise the Secretary on matters relating to the proposed repository or monitored retrievable storage facility, including issues relating to design, construction, operation, and decommissioning of the facility;
(2) evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate;
(3) recommend corrective actions to the Secretary;
(4) assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; and
(5) participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community.
(d) Information
The Secretary shall promptly 1 make available promptly 1 any information in the Secretary’s possession requested by the Panel or its Chairman.
(e) Chapter 10 of title 5
The requirements of chapter 10 of title 5 shall not apply to a Review Panel established under this subchapter.
(Pub. L. 97–425, title I, § 172, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–239; amended Pub. L. 117–286, § 4(a)(272), Dec. 27, 2022, 136 Stat. 4335.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
heading: Amendments
text: 2022—Subsec. (e). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “the Federal Advisory Committee Act” in text.
42 U.S.C. § 10248 (THE PUBLIC HEALTH AND WELFARE)
§ 10248. Administrative powers of Negotiator
In carrying out his functions under this subchapter, the Negotiator may—
(1) appoint such officers and employees as he determines to be necessary and prescribe their duties;
(2) obtain services as authorized by section 3109 of title 5, at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5;
(3) promulgate such rules and regulations as may be necessary to carry out such functions;
(4) utilize the services, personnel, and facilities of other Federal agencies (subject to the consent of the head of any such agency);
(5) for purposes of performing administrative functions under this subchapter, and to the extent funds are appropriated, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary and on such terms as the Negotiator determines to be appropriate, with any agency or instrumentality of the United States, or with any public or private person or entity;
(6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
(7) adopt an official seal, which shall be judicially noticed;
(8) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States;
(9) hold such hearings as are necessary to determine the views of interested parties and the general public; and
(10) appoint advisory committees under chapter 10 of title 5.
(Pub. L. 97–425, title IV, § 408, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–247; amended Pub. L. 117–286, § 4(a)(273), Dec. 27, 2022, 136 Stat. 4336.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
heading: Amendments
text: 2022—Par. (10). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”
heading: Statutory Notes and Related Subsidiaries
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References 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.
42 U.S.C. § 15704 (THE PUBLIC HEALTH AND WELFARE)
§ 15704. National Advisory Committee on Windstorm Impact Reduction
(a) In general
The Director of the National Institute of Standards and Technology shall establish an Advisory Committee on Windstorm Impact Reduction, which shall be composed of at least 7 and not more than 15 members who are qualified to provide advice on windstorm impact reduction and represent related scientific, architectural, and engineering disciplines, none of whom may be employees of the Federal Government, including—
(1) representatives of research and academic institutions;
(2) industry standards development organizations;
(3) emergency management agencies;
(4) State and local government; and
(5) business communities, including the insurance industry.
(b) Assessments
The Advisory Committee on Windstorm Impact Reduction shall offer assessments and recommendations on—
(1) trends and developments in the natural, engineering, and social sciences and practices of windstorm impact mitigation;
(2) the priorities of the Program’s Strategic Plan;
(3) the coordination of the Program;
(4) the effectiveness of the Program in meeting its purposes; and
(5) any revisions to the Program which may be necessary.
(c) Compensation
The members of the Advisory Committee established under this section shall serve without compensation.
(d) Reports
At least every 2 years, the Advisory Committee shall report to the Director on the assessments carried out under subsection (b) and its recommendations for ways to improve the Program.
(e) Charter
Notwithstanding section 1013(b)(2) of title 5, the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 1008(c) of title 5, before the termination date specified in subsection (f) of this section.
(f) Termination
The Advisory Committee shall terminate on September 30, 2017.
(g) Conflict of interest
An Advisory Committee member shall recuse himself from any Advisory Committee activity in which he has an actual pecuniary interest.
(Pub. L. 108–360, title II, § 205, Oct. 25, 2004, 118 Stat. 1678; Pub. L. 114–52, § 4, Sept. 30, 2015, 129 Stat. 499; Pub. L. 117–286, § 4(a)(277), Dec. 27, 2022, 136 Stat. 4336.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (e). Pub. L. 117–286 substituted “section 1013(b)(2) of title 5, the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 1008(c) of title 5,” for “section 14(b)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 9(c) of such Act,”.
2015—Pub. L. 114–52 amended section generally. Prior to amendment, section established a National Advisory Committee on Windstorm Impact Reduction.
42 U.S.C. § 16354 (THE PUBLIC HEALTH AND WELFARE)
§ 16354. External technical review of departmental programs
(a) National energy research and development advisory boards
(1) Establishment
The Secretary shall establish one or more advisory boards to review research, development, demonstration, and commercial application programs of the Department in energy efficiency, renewable energy, nuclear energy, and fossil energy.
(2) Alternatives
The Secretary may—
(A) designate an existing advisory board within the Department to fulfill the responsibilities of an advisory board under this section; and
(B) enter into appropriate arrangements with the National Academy of Sciences to establish such an advisory board.
(b) Use of existing committees
The Secretary shall continue to use the scientific program advisory committees chartered under chapter 10 of title 5 by the Office of Science to oversee research and development programs under that Office.
(c) Membership
Each advisory board under this section shall consist of persons with appropriate expertise representing a diverse range of interests.
(d) Meetings and goals
(1) Meetings
Each advisory board under this section shall meet at least semiannually to review and advise on the progress made by the respective one or more research, development, demonstration, and commercial application programs.
(2) Goals
The advisory board shall review the measurable cost and performance-based goals for the programs as established under section 16181 of this title, and the progress on meeting the goals.
(e) Periodic reviews and assessments
(1) In general
The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to conduct periodic reviews and assessments of—
(A) the research, development, demonstration, and commercial application programs authorized by this Act and amendments made by this Act;
(B) the measurable cost and performance-based goals for the programs as established under section 16181 of this title, if any; and
(C) the progress on meeting the goals.
(2) Timing
The reviews and assessments shall be conducted every 5 years or more often as the Secretary considers necessary.
(3) Reports
The Secretary shall submit to Congress reports describing the results of all the reviews and assessments.
(Pub. L. 109–58, title IX, § 990, Aug. 8, 2005, 119 Stat. 912; Pub. L. 117–286, § 4(a)(278), Dec. 27, 2022, 136 Stat. 4336.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (e)(1)(A), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables.
heading: Amendments
text: 2022—Subsec. (b). Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”.
42 U.S.C. § 17123 (THE PUBLIC HEALTH AND WELFARE)
§ 17123. Green Building Advisory Committee
(a) Establishment
Not later than 180 days after December 19, 2007, the Federal Director, in coordination with the Commercial Director, shall establish an advisory committee, to be known as the “Green Building Advisory Committee”.
(b) Membership
(1) In general
The Committee shall be composed of representatives of, at a minimum—
(A) each agency referred to in section 17081(e) of this title; and
(B) other relevant agencies and entities, as determined by the Federal Director, including at least 1 representative of each of—
(i) State and local governmental green building programs;
(ii) independent green building associations or councils;
(iii) building experts, including architects, material suppliers, and construction contractors;
(iv) security advisors focusing on national security needs, natural disasters, and other dire emergency situations;
(v) public transportation industry experts; and
(vi) environmental health experts, including those with experience in children’s health.
(2) Non-Federal members
The total number of non-Federal members on the Committee at any time shall not exceed 15.
(c) Meetings
The Federal Director shall establish a regular schedule of meetings for the Committee.
(d) Duties
The Committee shall provide advice and expertise for use by the Federal Director in carrying out the duties under this part, including such recommendations relating to Federal activities carried out under sections 434 through 436 1 as are agreed to by a majority of the members of the Committee.
(e) Exemption from chapter 10 of title 5
The Committee shall not be subject to section 1013 of title 5.
(Pub. L. 110–140, title IV, § 494, Dec. 19, 2007, 121 Stat. 1654; Pub. L. 117–286, § 4(a)(279), Dec. 27, 2022, 136 Stat. 4336.)
heading: Editorial Notes
heading: References in Text
text: This part, referred to in subsec. (d), was in the original “this subtitle”, meaning subtitle H (§§ 491–495) of title IV of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1649, which enacted this part and section 7628 of this title. For complete classification of subtitle H to the Code, see Tables.
Sections 434 through 436, referred to in subsec. (d), are sections 434 to 436 of Pub. L. 110–140, which enacted sections 17091 and 17092 of this title and amended section 8253 of this title.
heading: Amendments
text: 2022—Subsec. (e). Pub. L. 117–286 substituted “Exemption from chapter 10 of title 5” for “FACA exemption” in heading and “section 1013 of title 5.” for “section 14 of the Federal Advisory Committee Act (5 U.S.C. App.).” in text.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
43 U.S.C. § 50e (PUBLIC LANDS)
§ 50e. USGS energy and minerals research facility
(a) Establishment
The Director of the United States Geological Survey (referred to in this section as the “Director”),1 shall fund, through a cooperative agreement with an academic partner, the design, construction, and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures.
(b) Ownership
The United States Geological Survey shall retain ownership of the facility and associated structures described in subsection (a).
(c) Agreements
The Director may enter into agreements with, and to collect and expend funds or in-kind contributions from, academic, Federal, State, or other tenants over the life of the facility described in subsection (a) for the purposes of—
(1) facility planning;
(2) design;
(3) maintenance;
(4) operation; or
(5) facility improvements.
(d) Leases
The Director may enter into a lease or other agreement with the academic partner with which the Director has entered into a cooperative agreement under subsection (a), at no cost to the Federal Government, to obtain land on which to construct the facility described in that subsection for a term of not less than 99 years.
(e) Reports
The Director shall submit to Congress annual reports on—
(1) the facility described in subsection (a); and
(2) the authorities used under this section.
(f) Authorization of appropriations
There is authorized to be appropriated to the Secretary of the Interior to carry out this section $167,000,000 for fiscal year 2022, to remain available until expended.
(Pub. L. 117–58, div. D, title II, § 40204, Nov. 15, 2021, 135 Stat. 960.)
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
43 U.S.C. § 79c (PUBLIC LANDS)
§ 79c. Payment of fees, commissions, etc.; deposit in Treasury
No provision of this Act shall relieve any public land applicant or claimant from the necessity of making payment of fees, commissions, or other moneys required by law or regulation. Commencing sixty days after April 24, 1944, the officials of district land offices shall not receive any compensation based on fees, commissions, or other receipts and all amounts collected by them shall be covered into the Treasury of the United States.
(Apr. 24, 1944, ch. 177, § 3, 58 Stat. 215; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act Apr. 24, 1944, ch. 177, 58 Stat. 215, which enacted sections 79a to 79c of this title, repealed sections 80 and 80a of this title, and enacted provisions set out as notes under this section. For complete classification of this Act to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Repeals
text: Act Apr. 24, 1944, ch. 177, § 4, 58 Stat. 215, provided that: “Sections 2237 and 2240 of the Revised Statutes and the act of May 21, 1928 (45 Stat. 684; 43 U.S.C., sec. 80), as amended [sections 80 and 80a of this title], are hereby repealed, and all other provisions of law inconsistent with this Act [See References in Text note above] are repealed to the extent of such inconsistency.”
heading: Extension to Alaska
text: Act Apr. 24, 1944, ch. 177, § 5, 58 Stat. 215, provided that the provisions of such Act [see References in Text note above] would not extend to the territory of Alaska.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.
Words “officials of district land offices” substituted for “registers” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 144 (PUBLIC LANDS)
§ 144. Entries on land withdrawn as valuable for oil or gas validated
Entries existing on February 7, 1925, and allowed prior to April 1, 1924, under the Stock Raising Homestead Act of December 29, 1916 (Thirty-ninth Statutes at Large, page 862) [43 U.S.C. 291 et seq.], for land withdrawn as valuable for oil or gas, but not otherwise reserved or withdrawn, are validated, if otherwise regular: Provided, That at date of entry the land was not within the limits of the geologic structure of a producing oil or gas field.
(Feb. 7, 1925, ch. 147, § 12, 43 Stat. 812.)
heading: Editorial Notes
heading: References in Text
text: The Stock Raising Homestead Act of December 29, 1916, referred to in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, which was classified generally to subchapter X (§ 291 et seq.) of chapter 7 of this title and was repealed by Pub. L. 94–579, title VII, §§ 702, 704(a), Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9 and 11 which are classified to sections 299 and 301, respectively, of this title. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
43 U.S.C. § 156 (PUBLIC LANDS)
§ 156. Approval by Congress necessary for withdrawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility
No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from operation of the mineral leasing provisions of the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], if such withdrawal, reservation, or restriction would result in the withdrawal, reservation, or restriction of more than five thousand acres in the aggregate for any one defense project or facility of the Department of Defense since February 28, 1958, or since the last previous Act of Congress which withdrew, reserved, or restricted public land, water, or land and water area for that project or facility, whichever is later.
(Pub. L. 85–337, § 2, Feb. 28, 1958, 72 Stat. 28.)
heading: Editorial Notes
heading: References in Text
text: The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.