42 U.S.C. § 7234 — Advisory committees

Page 7083 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7234 ‘‘(B) the Department notifies diverse professional associations and institutions of higher education, including those serving the interests of women and racial or ethnic minorities that are underrep- resented in scientific, engineering, and mathe- matical fields, of position openings as appropriate. ‘‘(2) REPORT.—Not later than 2 years after the date of enactment of this Act [Jan. 17, 2014], the Secretary and the Director of the Office of Personnel Manage- ment shall submit to Congress a report on the use of the authority provided under this section that in- cludes, at a minimum, a description or analysis of— ‘‘(A) the ability to attract exceptionally well qualified scientists, engineers, and technical per- sonnel; ‘‘(B) the amount of total compensation paid each employee hired under the authority each calendar year; and ‘‘(C) whether additional safeguards or measures are necessary to carry out the authority and, if so, what action, if any, has been taken to implement the safeguards or measures. ‘‘(d) TERMINATION OF EFFECTIVENESS.—The authority provided by this section terminates effective on the date that is 4 years after the date of enactment of this Act.’’ AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL Pub. L. 103–337, div. C, title XXXI, § 3161, Oct. 5, 1994, 108 Stat. 3095, as amended by Pub. L. 105–85, div. C, title XXXI, § 3139, Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105–261, div. C, title XXXI, §§ 3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3191], Oct. 30, 2000, 114 Stat. 1654, 1654A–480; Pub. L. 107–314, div. C, title XXXI, § 3174, Dec. 2, 2002, 116 Stat. 2745, which was formerly set out as a note under this sec- tion, was renumbered section 4601 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fis- cal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(2), Nov. 24, 2003, 117 Stat. 1776, and is classified to section 2701 of Title 50, War and National Defense. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (c)(2), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 7232. Senior positions In addition to those positions created by sub- chapter II of this chapter, there shall be within the Department fourteen additional officers in positions authorized by section 5316 of title 5 who shall be appointed by the Secretary and who shall perform such functions as the Sec- retary shall prescribe from time to time. (Pub. L. 95–91, title VI, § 622, Aug. 4, 1977, 91 Stat. 597.) § 7233. Experts and consultants The Secretary may obtain services as author- ized by section 3109 of title 5, at rates not to ex- ceed the daily rate prescribed for grade GS–18 of the General Schedule under section 5332 of title 5 for persons in Government service employed intermittently. (Pub. L. 95–91, title VI, § 623, Aug. 4, 1977, 91 Stat. 598.) Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES 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 Organi- zation 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. § 7234. Advisory committees The Secretary is authorized to establish in ac- cordance with chapter 10 of title 5 such advisory committees as he may deem appropriate to as- sist in the performance of his functions. Mem- bers 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.) Editorial Notes AMENDMENTS 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: ‘‘Sec- tion 776 of title 15 shall be applicable to advisory com- mittees 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 devel- opment, the Secretary may determine that such meet- ing shall be closed because it involves research and de- velopment matters and comes within the exemption of section 552b(c)(4) of title 5.’’ Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES 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 1013 of Title 5, Government Organization and Employees. 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 OPER- ATING CONTRACTORS 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 Page 7084 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7235 or employee of a management and operating contractor of the Department of Energy, when serving as a mem- ber of a group reviewing or advising on matters related to any one or more management and operating con- tracts of the Department, shall be treated as an officer or employee of the Department for purposes of deter- mining whether the group is an advisory committee within the meaning of section 1001 of title 5, United States Code.’’ § 7235. Armed services personnel (a) The Secretary is authorized to provide for participation of Armed Forces personnel in car- rying out functions authorized to be performed, on August 4, 1977, in the Energy Research and Development Administration and under chapter 869 of title 10. Members of the Armed Forces may be detailed for service in the Department by the Secretary concerned (as such term is de- fined in section 101 of such title) pursuant to co- operative agreements with the Secretary. (b) The detail of any personnel to the Depart- ment under this section shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolu- ment, perquisite, right, privilege, or benefit in- cident to, or arising out of, such status, office, rank, or grade. A member so detailed shall not be subject to direction or control by his armed force, or any officer thereof, directly or indi- rectly, with respect to the responsibilities exer- cised in the position to which detailed. (Pub. L. 95–91, title VI, § 625, Aug. 4, 1977, 91 Stat. 598; Pub. L. 95–509, title II, § 210, Oct. 24, 1978, 92 Stat. 1779; Pub. L. 115–232, div. A, title VIII, § 809(n)(3)(B), Aug. 13, 2018, 132 Stat. 1844.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘chapter 869 of title 10’’ for ‘‘chapter 641 of title 10’’. 1978—Subsec. (b). Pub. L. 95–509 struck out require- ment that a detailed member be charged to the limita- tions applicable to the Department and prohibition of such member from being charged to any statutory or other limitation or strengths applicable to the Armed Forces. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 7236. Transferred Editorial Notes CODIFICATION Section, Pub. L. 101–189, div. C, title XXXI, § 3142, Nov. 29, 1989, 103 Stat. 1680, which related to executive management training in the Department of Energy, was renumbered section 4621 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(8)(A)–(C), Nov. 24, 2003, 117 Stat. 1778, and is classified to section 2721 of Title 50, War and National Defense. § 7237. Priority placement, job placement, re- training, and counseling programs for United States Department of Energy employees af- fected by reduction in force (a) Definitions (1) For the purposes of this section, the term ‘‘agency’’ means the United States Department of Energy. (2) For the purposes of this section, the term ‘‘eligible employee’’ means any employee of the agency who— (A) is scheduled to be separated from service due to a reduction in force under— (i) regulations prescribed under section 3502 of title 5; or (ii) procedures established under section 3595 of title 5; or (B) is separated from service due to such a reduction in force, but does not include— (i) an employee separated from service for cause on charges of misconduct or delin- quency; or (ii) an employee who, at the time of sepa- ration, meets the age and service require- ments for an immediate annuity under sub- chapter III of chapter 83 or chapter 84 of title 5. (b) Priority placement and retraining program Not later than 30 days after September 30, 1996, the United States Department of Energy shall establish an agency-wide priority place- ment and retraining program for eligible em- ployees. (c) Filling vacancy from outside agency The priority placement program established under subsection (b) shall include provisions under which a vacant position shall not be filled by the appointment or transfer of any individual from outside of the agency if— (1) there is then available any eligible em- ployee who applies for the position within 30 days of the agency issuing a job announce- ment and is qualified (or can be trained or re- trained to become qualified within 90 days of assuming the position) for the position; and (2) the position is within the same com- muting area as the eligible employee’s last- held position or residence. (d) Job placement and counseling services The head of the agency may establish a pro- gram to provide job placement and counseling services to eligible employees. A program estab- lished under subsection (d) may include, but is not limited to, such services as— (1) career and personal counseling; (2) training and job search skills; and (3) job placement assistance, including as- sistance provided through cooperative ar- rangements with State and local employment services offices. (Pub. L. 104–206, title III, § 301, Sept. 30, 1996, 110 Stat. 2999.) Editorial Notes CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 1997, and not as part