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§ 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.



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