§ 804. — Interim Compliance Panel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC804]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
Sec. 804. 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 proceedings required to be conducted in accordance
with the provisions of this chapter. The provisions applicable to
administrative law judges appointed under section 3105 of title 5 shall
be applicable to administrative law judges appointed pursuant to this
subsection.
(f) Functions; hearings; notice and review; termination; annual report
(1) It shall be the function of the Panel to carry out the duties
imposed on it pursuant to this chapter and to provide an opportunity for
a public hearing, after notice, at the request of an operator of the
affected coal mine or the representative of the miners of such mine. Any
operator or representative of miners aggrieved by a final decision of
the Panel may file a petition for review of such decision under section
816 of this title. The provisions of this section shall terminate upon
completion of the Panel's functions as set forth under this chapter. Any
hearing held pursuant to this subsection shall be of record and the
Panel shall make findings of fact and shall issue a written decision
incorporating its findings therein in accordance with section 554 of
title 5.
(2) The Panel shall make an annual report, in writing, to the
Secretary for transmittal by him to the Congress concerning the
achievement of its purposes, and any other relevant information
(including any recommendations) which it deems appropriate.
(Pub. L. 91-173, Sec. 5, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95-164,
title I, Sec. 102(d), Nov. 9, 1977, 91 Stat. 1291; Pub. L. 95-251,
Sec. 2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 96-88, title V,
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-418, title V,
Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-285,
Sec. 10(b), May 18, 1992, 106 Stat. 172.)
Amendments
1988--Subsec. (a)(2). Pub. L. 100-418 substituted ``National
Institute of Standards and Technology'' for ``Bureau of Standards''.
1978--Subsec. (e). Pub. L. 95-251 substituted ``administrative law
judges'' for ``hearing examiners'' wherever appearing.
1977--Subsec. (c). Pub. L. 95-164 substituted ``Secretary of the
Interior'' for ``Secretary of Labor''.
Change of Name
``United States Bureau of Mines'' substituted for ``Bureau of
Mines'' in subsec. (a)(4) pursuant to section 10(b) of Pub. L. 102-285,
set out as a note under section 1 of this title.
``Department of Health and Human Services'' substituted for
``Department of Health, Education, and Welfare'' in subsec. (a) and
``Secretary of Health and Human Services'' substituted for ``Secretary
of Health, Education, and Welfare'' in subsec. (c) pursuant to section
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title
20, Education.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977,
except as otherwise provided, see section 307 of Pub. L. 95-164, set out
as a note under section 801 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(f)(2) of this section relating to transmitting 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 114 of
House Document No. 103-7.
Section Referred to in Other Sections
This section is referred to in section 865 of this title.