PRIA, Government Policy, Made Personal

Summary

Creates the National Institute for Occupational Safety and Health (NIOSH) inside the Department of Health and Human Services. NIOSH must be led by a Director chosen by the HHS Secretary for a six-year term. The Institute researches workplace hazards, develops recommended safety and health standards, and carries out the HHS duties listed in other related laws. The Director can start research, make recommendations on new or better standards, and send those recommendations to the Secretary of Labor and the Secretary of Health and Human Services. The Director also has usual agency powers to make rules for the Institute’s work, hire staff under civil service rules, use experts and volunteers, accept donations, make grants and contracts (including advances and payments), and spend money needed to run programs. The Director must give an annual report to the HHS Secretary, the President, and Congress listing operations, money received and spent, and any suggestions. NIOSH may fund lead-based paint training with the EPA Administrator by giving grants to nonprofits and local governments that train workers; recipients must supply at least 30 percent of program costs from non-Federal sources. At least $10,000,000 was authorized for each fiscal year 1994 through 1997 for those grants, and $500,000 was authorized for each of those years for program evaluations, which NIOSH must do and report to the EPA Administrator. The Institute also permanently houses an Office of Mine Safety and Health, led by an Associate Director, to speed development, testing, and use of new mine safety technology through grants, contracts, and an interagency working group. The Director must report to the Senate and House labor committees within one year of that Office’s start and annually after that about technologies studied, tested, certified, or not certified and why. Appropriations are authorized as needed.

Title 29, §671

Labor, Source: USLM XML via OLRC

(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 section 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 section 669 and 670 of this title.

(d)Authority of Director (e) Additional authority of Director (f) Annual reports

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.

(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.

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Toxic Substances Control Act, referred to in subsec. (g)(1)(B)(i), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003. 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 section 2601 of Title 15 and Tables. Codification In subsec. (e)(7), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. 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, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

2006—Subsec. (h). Pub. L. 109–236 added subsec. (h). 1992—Subsec. (g). Pub. L. 102–550 added subsec. (g).

Statutory Notes and Related Subsidiaries

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 RequirementsFor 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, set out as a note under section 1113 of Title 31, Money and Finance, and page 97 of House Document No. 103–7.

§671 National Institute for Occupational Safety and Health