29 U.S.C. § 671 | National Institute for Occupational Safety and Health

(a)

Statement of purpose

section 651 of this titleIt is the purpose of this section to establish a National Institute for Occupational Safety and Health in the Department of Health and Human Services in order to carry out the policy set forth in and to perform the functions of the Secretary of Health and Human Services under sections 669 and 670 of this title.

(b)

Establishment; Director; appointment; term

There is hereby established in the Department of Health and Human Services a National Institute for Occupational Safety and Health. The Institute shall be headed by a Director who shall be appointed by the Secretary of Health and Human Services, and who shall serve for a term of six years unless previously removed by the Secretary of Health and Human Services.

(c)

Development and establishment of standards; performance of functions of Secretary of Health and Human Services

The Institute is authorized to—

(1)

develop and establish recommended occupational safety and health standards; and

(2)

perform all functions of the Secretary of Health and Human Services under sections 669 and 670 of this title.

(d)

Authority of Director

Upon his own initiative, or upon the request of the Secretary or the Secretary of Health and Human Services, the Director is authorized (1) to conduct such research and experimental programs as he determines are necessary for the development of criteria for new and improved occupational safety and health standards, and (2) after consideration of the results of such research and experimental programs make recommendations concerning new or improved occupational safety and health standards. Any occupational safety and health standard recommended pursuant to this section shall immediately be forwarded to the Secretary of Labor, and to the Secretary of Health and Human Services.

(e)

Additional authority of Director

In addition to any authority vested in the Institute by other provisions of this section, the Director, in carrying out the functions of the Institute, is authorized to—

(1)

prescribe such regulations as he deems necessary governing the manner in which its functions shall be carried out;

(2)

receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purposes of the Institute and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions;

(3)

receive (and use, sell, or otherwise dispose of, in accordance with paragraph (2)), money and other property donated, bequeathed or devised to the Institute with a condition or restriction, including a condition that the Institute use other funds of the Institute for the purposes of the gift;

(4)

in accordance with the civil service laws, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this section;

(5)

section 3109 of title 5 obtain the services of experts and consultants in accordance with the provisions of ;

(6)

section 5703 of title 5 accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by ;

(7)

section 6101 of title 41 enter into contracts, grants or other arrangements, or modifications thereof to carry out the provisions of this section, and such contracts or modifications thereof may be entered into without performance or other bonds, and without regard to or any other provision of law relating to competitive bidding;

(8)

make advance, progress, and other payments which the Director deems necessary under this title without regard to the provisions of section 3324(a) and (b) of title 31; and

(9)

make other necessary expenditures.

(f)

Annual reports

The Director shall submit to the Secretary of Health and Human Services, to the President, and to the Congress an annual report of the operations of the Institute under this chapter, which shall include a detailed statement of all private and public funds received and expended by it, and such recommendations as he deems appropriate.

(g)

Lead-based paint activities

(1)

Training grant program

(A)

The Institute, in conjunction with the Administrator of the Environmental Protection Agency, may make grants for the training and education of workers and supervisors who are or may be directly engaged in lead-based paint activities.

(B)

Grants referred to in subparagraph (A) shall be awarded to nonprofit organizations (including colleges and universities, joint labor-management trust funds, States, and nonprofit government employee organizations)—

(i)

15 U.S.C. 2681 which are engaged in the training and education of workers and supervisors who are or who may be directly engaged in lead-based paint activities (as defined in title IV of the Toxic Substances Control Act [ et seq.]),

(ii)

which have demonstrated experience in implementing and operating health and safety training and education programs, and

(iii)

with a demonstrated ability to reach, and involve in lead-based paint training programs, target populations of individuals who are or will be engaged in lead-based paint activities.

Grants under this subsection shall be awarded only to those organizations that fund at least 30 percent of their lead-based paint activities training programs from non-Federal sources, excluding in-kind contributions. Grants may also be made to local governments to carry out such training and education for their employees.

(C)

There are authorized to be appropriated, at a minimum, $10,000,000 to the Institute for each of the fiscal years 1994 through 1997 to make grants under this paragraph.

(2)

Evaluation of programs

The Institute shall conduct periodic and comprehensive assessments of the efficacy of the worker and supervisor training programs developed and offered by those receiving grants under this section. The Director shall prepare reports on the results of these assessments addressed to the Administrator of the Environmental Protection Agency to include recommendations as may be appropriate for the revision of these programs. The sum of $500,000 is authorized to be appropriated to the Institute for each of the fiscal years 1994 through 1997 to carry out this paragraph.

(h)

Office of Mine Safety and Health

(1)

In general

There shall be permanently established within the Institute an Office of Mine Safety and Health which shall be administered by an Associate Director to be appointed by the Director.

(2)

Purpose

The purpose of the Office is to enhance the development of new mine safety technology and technological applications and to expedite the commercial availability and implementation of such technology in mining environments.

(3)

Functions

In addition to all purposes and authorities provided for under this section, the Office of Mine Safety and Health shall be responsible for research, development, and testing of new technologies and equipment designed to enhance mine safety and health. To carry out such functions the Director of the Institute, acting through the Office, shall have the authority to—

(A)

award competitive grants to institutions and private entities to encourage the development and manufacture of mine safety equipment;

(B)

award contracts to educational institutions or private laboratories for the performance of product testing or related work with respect to new mine technology and equipment; and

(C)

establish an interagency working group as provided for in paragraph (5).

(4)

Grant authority

To be eligible to receive a grant under the authority provided for under paragraph (3)(A), an entity or institution shall—

(A)

submit to the Director of the Institute an application at such time, in such manner, and containing such information as the Director may require; and

(B)

include in the application under subparagraph (A), a description of the mine safety equipment to be developed and manufactured under the grant and a description of the reasons that such equipment would otherwise not be developed or manufactured, including reasons relating to the limited potential commercial market for such equipment.

(5)

Interagency working group

(A)

Establishment

The Director of the Institute, in carrying out paragraph (3)(D) shall establish an interagency working group to share technology and technological research and developments that could be utilized to enhance mine safety and accident response.

(B)

Membership

The working group under subparagraph (A) shall be chaired by the Associate Director of the Office who shall appoint the members of the working group, which may include representatives of other Federal agencies or departments as determined appropriate by the Associate Director.

(C)

Duties

The working group under subparagraph (A) shall conduct an evaluation of research conducted by, and the technological developments of, agencies and departments who are represented on the working group that may have applicability to mine safety and accident response and make recommendations to the Director for the further development and eventual implementation of such technology.

(6)

Annual report

Not later than 1 year after the establishment of the Office under this subsection, and annually thereafter, the Director of the Institute shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that, with respect to the year involved, describes the new mine safety technologies and equipment that have been studied, tested, and certified for use, and with respect to those instances of technologies and equipment that have been considered but not yet certified for use, the reasons therefore.

(7)

Authorization of appropriations

There is authorized to be appropriated, such sums as may be necessary to enable the Institute and the Office of Mine Safety and Health to carry out this subsection.

Pub. L. 91–596, § 22Dec. 29, 197084 Stat. 1612 Pub. L. 96–88, title V, § 509(b)Oct. 17, 197993 Stat. 695 Pub. L. 102–550, title X, § 1033Oct. 28, 1992106 Stat. 3924 Pub. L. 109–236, § 6(a)June 15, 2006120 Stat. 498(, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 94–469Oct. 11, 197690 Stat. 2003 section 2601 of Title 15The Toxic Substances Control Act, referred to in subsec. (g)(1)(B)(i), is , , . Title IV of the Act is classified generally to subchapter IV (§ 2681 et seq.) of chapter 53 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 6101 of title 41 41 U.S.C. 5 Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854In subsec. (e)(7), “” substituted for “section 3709 of the Revised Statutes, as amended (),” on authority of , , , which Act enacted Title 41, Public Contracts.

31 U.S.C. 529 Pub. L. 97–258, § 4(b)Sept. 13, 198296 Stat. 1067In subsec. (e)(8), “section 3324(a) and (b) of title 31” substituted for “section 3648 of the Revised Statutes, as amended ()” on authority of , , , the first section of which enacted Title 31, Money and Finance.

Amendments

Pub. L. 109–2362006—Subsec. (h). added subsec. (h).

Pub. L. 102–5501992—Subsec. (g). added subsec. (g).

Statutory Notes and Related Subsidiaries

Change of Name

section 509(b) of Pub. L. 96–88 section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (a) to (d) and (f) pursuant to which is classified to , Education.

Termination of Reporting Requirements

May 15, 2000section 3003 of Pub. L. 104–66 section 1113 of Title 31For termination, effective , of provisions in subsec. (f) of this section relating to submitting annual report to Congress, see , set out as a note under , Money and Finance, and page 97 of House Document No. 103–7.