§ 671. — National Institute for Occupational Safety and Health.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC671]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 671. National Institute for Occupational Safety and Health
(a) Statement of purpose
It 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 section 651 of
this title 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) obtain the services of experts and consultants in accordance
with the provisions of section 3109 of title 5;
(6) accept and utilize the services of voluntary and
noncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized by section 5703 of title 5;
(7) 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 section 5
of title 41, 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) 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 [15 U.S.C. 2681 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.
(Pub. L. 91-596, Sec. 22, Dec. 29, 1970, 84 Stat. 1612; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-550,
title X, Sec. 1033, Oct. 28, 1992, 106 Stat. 3924.)
References in Text
The civil service laws, referred to in subsec. (e)(4), are set forth
in Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
The Toxic Substances Control Act, referred to in subsec.
(g)(1)(B)(i), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as
amended. Title IV of the Act is classified generally to subchapter IV
(Sec. 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 section 2601 of Title 15 and Tables.
Codification
In subsec. (e)(8), ``section 3324(a) and (b) of title 31''
substituted for ``section 3648 of the Revised Statutes, as amended (31
U.S.C. 529)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
Amendments
1992--Subsec. (g). Pub. L. 102-550 added subsec. (g).
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsecs. (a) to (d)
and (f) pursuant to section 509(b) of Pub. L. 96-88 which is classified
to section 3508(b) of Title 20, Education.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(f) of this section relating to submitting annual report to Congress,
see section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 97 of House
Document No. 103-7.
Section Referred to in Other Sections
This section is referred to in section 669 of this title.
