20 U.S.C. § 5608 — Administrative provisions

Page 1287 TITLE 20—EDUCATION § 5608 1 So in original. Probably should be capitalized. Government shall obtain the concurrence of the chairperson of the President’s Council on Environmental Quality before using the Foundation or National Center to provide the services described in subsection (a). (B) Indication of concurrence or nonconcur- rence The chairperson of the President’s Council on Environmental Quality shall indicate concurrence or nonconcurrence under sub- paragraph (A) not later than 20 days after re- ceiving notice under paragraph (2). (d) Exceptions (1) Legal issues and enforcement (A) In general A dispute or conflict involving agencies or instrumentalities of the Federal Govern- ment (including branches or divisions of a single agency or instrumentality) that con- cern purely legal issues or matters, interpre- tation or determination of law, or enforce- ment of law by one agency against another agency shall not be submitted to the Foun- dation or National Center. (B) Applicability Subparagraph (A) does not apply to a dis- pute or conflict concerning— (i) agency implementation of a program or project; (ii) a matter involving two or more agen- cies with parallel authority requiring fa- cilitation and coordination of the various Government agencies; or (iii) a nonlegal policy or decisionmaking matter that involves two or more agencies that are jointly operating a project. (2) Other mandated mechanisms or avenues A dispute or conflict involving agencies or instrumentalities of the Federal Government (including branches or divisions of a single agency or instrumentality) for which Congress by law has mandated another dispute resolu- tion mechanism or avenue to address or re- solve shall not be submitted to the Foundation or National Center. (e) Non-Federal entities (1) Non-Federal entities, including state 1 and local governments, Native American tribal gov- ernments, nongovernmental organizations and persons, as defined in section 1 of title 1, may use the Foundation and the National Center to provide assessment, mediation, or other related services in connection with a dispute or conflict involving the Federal government 1 related to the environment, public lands, or natural re- sources. (2) PAYMENT INTO THE ENVIRONMENTAL DISPUTE RESOLUTION FUND.—Entities utilizing services pursuant to this subsection shall reimburse the National Center for the costs of services pro- vided. Such amounts shall be deposited into the Environmental Dispute Resolution Fund estab- lished under section 5607a of this title. (f) Agency management or control Use of the Foundation or National Center to provide independent and impartial assessment, mediation, or other dispute or conflict resolu- tion under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of chapter 10 of title 5. (Pub. L. 102–259, § 11, as added Pub. L. 105–156, § 7, Feb. 11, 1998, 112 Stat. 10; amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(a)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–512; Pub. L. 111–90, § 9, Nov. 3, 2009, 123 Stat. 2978; Pub. L. 116–94, div. P, title III, § 307, Dec. 20, 2019, 133 Stat. 3190; Pub. L. 117–286, § 4(a)(151), Dec. 27, 2022, 136 Stat. 4322.) Editorial Notes PRIOR PROVISIONS A prior section 11 of Pub. L. 102–259 was renumbered section 13 and is classified to section 5609 of this title. AMENDMENTS 2022—Subsec. (f). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ 2019—Pub. L. 116–94, § 307(1), substituted ‘‘the Na- tional Center’’ for ‘‘the Institute’’ in section catchline. Subsec. (a). Pub. L. 116–94, § 307(2), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’ and ‘‘resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.’’ for ‘‘resources.’’ and inserted ‘‘collaboration,’’ after ‘‘mediation,’’. Subsec. (b)(1). Pub. L. 116–94, § 307(3), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’. Subsec. (c)(1). Pub. L. 116–94, § 307(4)(A), substituted ‘‘National Center’’ for ‘‘Institute’’. Subsec. (c)(2)(C). Pub. L. 116–94, § 307(4)(B), inserted ‘‘mediation, collaboration, and’’ after ‘‘agree to’’. Subsec. (c)(3)(A). Pub. L. 116–94, § 307(4)(C), sub- stituted ‘‘National Center’’ for ‘‘Institute’’. Subsec. (d)(1)(A), (2). Pub. L. 116–94, § 307(5), sub- stituted ‘‘National Center’’ for ‘‘Institute’’. Subsec. (e). Pub. L. 116–94, § 307(6), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’ in pars. (1) and (2). Subsec. (f). Pub. L. 116–94, § 307(7), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’. 2009—Subsec. (f). Pub. L. 111–90 added subsec. (f). 1998—Pub. L. 105–277, § 101(h) [title V, § 517(a)(1)], in- serted ‘‘or other entity’’ after ‘‘Federal agency’’ in sec- tion catchline. Subsec. (e). Pub. L. 105–277, § 101(h) [title V, § 517(a)(2)], added subsec. (e). § 5608. Administrative provisions (a) In general In order to carry out the provisions of this chapter, the Foundation may— (1)(A) appoint such personnel as may be nec- essary to carry out the provisions of this chap- ter, without regard to the provisions of title 5 governing appointments in the competitive service; and (B) fix the compensation of the personnel ap- pointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5, except that up to 4 em- ployees (in addition to the Executive Director under section 5603(f)(2) of this title) may be paid at a rate determined by the Board in ac- cordance with section 5383 of title 5. (2) procure or fund the Center to procure temporary and intermittent services of ex- perts and consultants as are necessary to the extent authorized by section 3109 of title 5, but Page 1288 TITLE 20—EDUCATION § 5609 1 So in original. The word ‘‘to’’ probably should not appear. at rates not to exceed the rate specified at the time of such service for level IV of the Execu- tive Schedule under section 5315 of title 5; (3) prescribe such regulations as the Founda- tion considers necessary governing the man- ner in which its functions shall be carried out; (4) accept, hold, solicit, administer, and uti- lize donations, grants, and gifts, both real and personal, for the purpose of aiding or facili- tating the work of the Foundation; (5) accept and utilize the services of vol- untary and noncompensated personnel and re- imburse such personnel for travel expenses, in- cluding per diem, as authorized by section 5703 of title 5; (6) enter into contracts, grants, or other ar- rangements or modifications thereof, to carry out the provisions of this chapter, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board of Trustees, be entered into with- out performance or other bonds, and without regard to section 6101 of title 41; (7) to 1 rent office space in the District of Co- lumbia and Tucson, Arizona, or their environs; and (8) make other necessary expenditures. (b) The Institute The authorities set forth above shall apply to the National Center established pursuant to sec- tion 5607a of this title and to the activities of the Foundation under section 5604(7) of this title. (Pub. L. 102–259, § 12, formerly § 10, Mar. 19, 1992, 106 Stat. 83; renumbered § 12, Pub. L. 105–156, § 6(a), Feb. 11, 1998, 112 Stat. 9; amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(b)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–512; Pub. L. 106–568, title VIII, § 817(b), Dec. 27, 2000, 114 Stat. 2918; Pub. L. 111–90, § 10, Nov. 3, 2009, 123 Stat. 2978; Pub. L. 116–94, div. P, title III, § 308, Dec. 20, 2019, 133 Stat. 3190.) Editorial Notes CODIFICATION In subsec. (a)(6), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 2019—Subsec. (a)(4). Pub. L. 116–94, § 308(1)(A), sub- stituted ‘‘accept, hold, solicit, administer, and utilize donations, grants, and gifts’’ for ‘‘accept, hold, admin- ister, and utilize gifts’’. Subsec. (a)(7). Pub. L. 116–94, § 308(1)(B), substituted ‘‘in the District of Columbia and Tucson, Arizona, or their environs’’ for ‘‘in the District of Columbia or its environs’’. Subsec. (b). Pub. L. 116–94, § 308(2), substituted ‘‘apply to the National Center’’ for ‘‘, with the exception of paragraph (4), apply to the Institute’’. 2009—Subsec. (a)(1). Pub. L. 111–90, § 10(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter, except that in no case shall employees other than the Executive Director be compensated at a rate to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5;’’. Subsec. (a)(7), (8). Pub. L. 111–90, § 10(2)–(4), added par. (7) and redesignated former par. (7) as (8). 2000—Subsec. (b). Pub. L. 106–568 inserted before pe- riod at end ‘‘and to the activities of the Foundation under section 5604(7) of this title’’. 1998—Pub. L. 105–277 designated existing provisions as subsec. (a) and added subsec. (b). § 5609. Authorization of appropriations (a) Trust Fund There is authorized to be appropriated to the Trust Fund $2,000,000 for each of fiscal years 2020 through 2029 to carry out the provisions of this chapter. (b) Environmental Dispute Resolution Fund There is authorized to be appropriated to the Environmental Dispute Resolution Fund estab- lished by section 5607a of this title $4,000,000 for each of fiscal years 2020 through 2029, of which— (1) $3,000,000 shall be used to pay operations costs (including not more than $1,000 for offi- cial reception and representation expenses); and (2) $1,000,000 shall be used for grants or other appropriate arrangements to pay the costs of services provided in a neutral manner relating to, and to support the participation of non- Federal entities (such as State and local gov- ernments, tribal governments, nongovern- mental organizations, and individuals) in, en- vironmental conflict resolution proceedings involving Federal agencies. (c) Training of professionals in health care and public policy There is authorized to be appropriated to carry out section 5604(7) of this title $12,300,000 for the 5-fiscal year period beginning with fiscal year 2025. (Pub. L. 102–259, § 13, formerly § 11, Mar. 19, 1992, 106 Stat. 84; renumbered § 13 and amended Pub. L. 105–156, §§ 6(a), 8, Feb. 11, 1998, 112 Stat. 9, 12; Pub. L. 106–568, title VIII, § 817(c), Dec. 27, 2000, 114 Stat. 2918; Pub. L. 108–160, § 2, Dec. 6, 2003, 117 Stat. 2013; Pub. L. 116–94, div. P, title III, § 309, Dec. 20, 2019, 133 Stat. 3191; Pub. L. 118–47, div. G, title II, § 203, Mar. 23, 2024, 138 Stat. 858.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–47, § 203(1), substituted ‘‘2029’’ for ‘‘2023’’. Subsec. (b). Pub. L. 118–47, § 203(2), substituted ‘‘2029’’ for ‘‘2023’’ in introductory provisions. Subsec. (c). Pub. L. 118–47, § 203(3), substituted ‘‘5-fis- cal year period beginning with fiscal year 2025.’’ for ‘‘5- fiscal year period beginning with the fiscal year in which this subsection is enacted.’’ 2019—Subsec. (a). Pub. L. 116–94, § 309(1), substituted ‘‘$2,000,000 for each of fiscal years 2020 through 2023’’ for ‘‘$40,000,000’’. Subsec. (b). Pub. L. 116–94, § 309(2), substituted ‘‘fiscal years 2020 through 2023’’ for ‘‘fiscal years 2004 through 2008’’. 2003—Subsec. (b). Pub. L. 108–160 added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘There are authorized to be appropriated to the Envi- ronmental Dispute Resolution Fund established under section 5607a of this title—