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30 U.S.C. § 816 — Advisory committees

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 816 — Advisory committees

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Source location: Title 30, Chapter 22, § 816; chapter-022-mine-safety-and-health.md

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**(a) Committee on coal or other mine safety research; establishment; membership; chairman; functions; conflicts of interest** (1) The Secretary of the Interior shall appoint an advisory committee on coal or other mine safety research composed of— (A) the Director of the Office of Science and Technology or his delegate, with the consent of the Director; (B) the Director of the National Institute of Standards and Technology, Department of Commerce, or his delegate, with the consent of the Director; (C) the Director of the National Science Foundation, or his delegate, with the consent of the Director; and (D) such other persons as the Secretary of the Interior may appoint who are knowledgeable in the field of coal or other mine safety research. The Secretary of the Interior shall designate the chairman of the committee. (2) The advisory committee shall consult with, and make recommendations to, the Secretary of the Interior on matters involving or relating to coal or other mine safety research. The Secretary of the Interior shall consult with, and consider the recommendations of, such committee in the conduct of such research, the making of any grants, and the entering into of contracts for such research. (3) The chairman of the committee and a majority of the persons appointed by the Secretary of the Interior pursuant to paragraph (1)(D) shall be individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. **(b) Committee on coal or other mine health research; establishment; membership; chairman; functions; conflicts of interest** (1) The Secretary of Health and Human Services shall appoint an advisory committee on coal or other mine health research composed of— (A) the Director, United States Bureau of Mines, or his delegate, with the consent of the Director; (B) the Director of the National Science Foundation, or his delegate, with the consent of the Director; (C) the Director of the National Institutes of Health, or his delegate, with the consent of the Director; and (D) such other persons as the Secretary of Health and Human Services may appoint who are knowledgeable in the field of coal or other mine health research. The Secretary of Health and Human Services shall designate the chairman of the committee. (2) The advisory committee shall consult with, and make recommendations to, the Secretary of Health and Human Services on matters involving or relating to coal or other mine health research. The Secretary of Health and Human Services shall consult with, and consider the recommendations of, such committee in the conduct of such research, the making of any grants, and the entering into of contracts for such research. (3) The chairman of the committee and a majority of the persons appointed by the Secretary of Health and Human Services pursuant to paragraph (1)(D) shall be individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. **(c) Additional advisory committees; chairman; conflicts of interest** The Secretary or the Secretary of Health and Human Services may appoint other advisory committees as he deems appropriate to advise him in carrying out the provisions of this chapter. The Secretary or the Secretary of Health and Human Services, as the case may be, shall appoint the chairman of each such committee. A majority of the members (including the chairman) of any such advisory committee appointed pursuant to this subsection shall be composed of individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. **(d) Compensation; travel and subsistence expenses** Advisory committee members, other than officers or employees of Federal, State, or local governments, shall be, for each day (including traveltime) during which they are performing committee business, entitled to receive compensation at a rate fixed by the appropriate Secretary but not in excess of the maximum rate of pay for grade GS–18 as provided in the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim), and shall, notwithstanding the limitations of sections 5703 and 5704 of title 5, be fully reimbursed for travel, subsistence, and related expenses.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376

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30 U.S.C. § 1 — United States Bureau of Mines; establishment; director; experts and other employees

There is hereby established in the Department of the Interior a bureau of mining, metallurgy, and mineral technology, to be designated the United States Bureau of Mines, and there shall be a director of said bureau, who shall be thoroughly equipped for the duties of said office by technical education and experience and who shall be appointed by the President, by and with the advice and consent of the Senate; and there shall also be in the said bureau such experts and other employees, to be appointed by the Secretary of the Interior, as may be required to carry out the purposes of sections 1, 3, and 5 to 7 of this title in accordance with the appropriations made from time to time by Congress for such purposes.

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30 U.S.C. § 801 — Technical Study Panel

**(a) Establishment** There is established a Technical Study Panel (referred to in this section as the “Panel”) which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining. **(b) Membership** The Panel shall be composed of— (1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety; (2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and (3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress. **(c) Qualifications** Four of the six individuals appointed to the Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry. **(d) Report** (1) **In general** — Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Secretary of Health and Human Services, the Committee

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 801

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5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332

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28 U.S.C. § 1657 — Priority of civil actions

**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit. **(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.

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30 U.S.C. § 721 to 740 — Repealed. Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322

### Statutory Notes This chapter, covering the operation of only metal and nonmetallic mines, is covered by section 801 et seq. of this title following the enactment of Pub. L. 95–164 which brought the operation of all coal and other mines under a single legislative canopy. Section 721, Pub. L. 89–577, § 2, Sept. 16, 1966, 80 Stat. 772, defined “commerce”, “mine”, “operator”, “Secretary”, and “Board”. See [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section802&num=0&edition=prelim). Section 722, Pub. L. 89–577, § 3, Sept. 16, 1966, 80 Stat. 773, described mines to be covered and empowered Secretary of the Interior to decline jurisdiction if effect of the mine on commerce was not sufficiently substantial. See section 801 et seq. of this title. Section 723, Pub. L. 89–577, § 4, Sept. 16, 1966, 80 Stat. 773, related to investigations of metal and nonmetallic mines to obtain information relating to health and safety conditions. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim). Section 724, Pub. L. 89–577, § 5, Sept. 16, 1966, 80 Stat. 773, related to admission of investigators to mines. See [section 813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813&num=0&edition=prelim). Section 725, Pub. L. 89–577, § 6, Sept. 16, 1966, 80 Stat. 774, related to development of health and safety standards. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim). Section 726, Pub. L. 89–577, § 7, Sept. 16, 1966, 80 Stat. 775, related to advisory committees. See [section 812 of this title](https://uscode.house.gov/view.xhtml?req

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30 U.S.C. § 814 — Interim Compliance Panel

**(a) Establishment; composition** There is hereby established the Interim Compliance Panel, which shall be composed of five members as follows: (1) Assistant Secretary of Labor for Labor Standards, Department of Labor, or his delegate; (2) Director of the National Institute of Standards and Technology, Department of Commerce, or his delegate; (3) Administrator of Consumer Protection and Environmental Health Service, Department of Health and Human Services, or his delegate; (4) Director of the United States Bureau of Mines, Department of the Interior, or his delegate; and (5) Director of the National Science Foundation, or his delegate. **(b) Compensation; travel and subsistence expenses** Members of the Panel shall serve without compensation in addition to that received in their regular employment, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Panel. **(c) Cooperation of Federal agencies** Notwithstanding any other provision of law, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of the Interior, and the Secretary shall, upon request of the Panel, provide the Panel such personnel and other assistance as the Panel determines necessary to enable it to carry out its functions under this chapter. **(d) Quorum; voting; selection of chairman** Three members of the Panel shall constitute a quorum for doing business. All decisions of the Panel shall be by majority vote. The chairman of the Panel shall be selected by the members from among the membership thereof. **(e) Appointment of administrative law judges; provisions applicable** The Panel is authorized to appoint as many administrative law judges as are necessary for proce

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 814

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30 U.S.C. § 819 — Procedure for enforcement

**(a) Notification of civil penalty; contest** If, after an inspection or investigation, the Secretary issues a citation or order under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim), he shall, within a reasonable time after the termination of such inspection or investigation, notify the operator by certified mail of the civil penalty proposed to be assessed under [section 820(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section820/a&num=0&edition=prelim) for the violation cited and that the operator has 30 days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. A copy of such notification shall be sent by mail to the representative of miners in such mine. If, within 30 days from the receipt of the notification issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the citation or the proposed assessment of penalty, and no notice is filed by any miner or representative of miners under subsection (d) of this section within such time, the citation and the proposed assessment of penalty shall be deemed a final order of the Commission and not subject to review by any court or agency. Refusal by the operator or his agent to accept certified mail containing a citation and proposed assessment of penalty under this subsection shall constitute receipt thereof within the meaning of this subsection. **(b) Failure of operator to correct violation; notification; contest; temporary relief** (1) (A) If the Secretary has reason to believe that an operator has failed to correct a violation for which a citation has been issued within the period permitted for its

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 819

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30 U.S.C. § 823a — Penalties

**(a) Civil penalty for violation of mandatory health or safety standards** (1) The operator of a coal or other mine in which a violation occurs of a mandatory health or safety standard or who violates any other provision of this chapter, shall be assessed a civil penalty by the Secretary which penalty shall not be more than $50,000 for each such violation. Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense. (2) The operator of a coal or other mine who fails to provide timely notification to the Secretary as required under [section 813(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813/j&num=0&edition=prelim) (relating to the 15 minute requirement) shall be assessed a civil penalty by the Secretary of not less than $5,000 and not more than $60,000. (3) (A) The minimum penalty for any citation or order issued under [section 814(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/d/1&num=0&edition=prelim) shall be $2,000. (B) The minimum penalty for any order issued under [section 814(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/d/2&num=0&edition=prelim) shall be $4,000. (4) Nothing in this subsection shall be construed to prevent an operator from obtaining a review, in accordance with [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section816&num=0&edition=prelim), of an order imposing a penalty described in this subsection. If a court, in making such review, sustains the order, the court shall apply at least the minimum penalties required under this subsection. **(b) Civil penalty for failure to correct viol

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 823a

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