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MINE SAFETY AND HEALTH ADMINISTRATION

SEC. 302. (a) There is established in the Department 3 of Labor a Mine Safety and Health Administration to 4 be headed by an Assistant Secretary of Labor for Mine 5 Safety and Health appointed by the President, by and with 6 the advice and consent of the Senate. The Secretary is au7 thorized and directed, except as specifically provided other8 wise, to carry out his functions under the Federal Mine 9 Safety and Health Act of 1977 through the Mine Safety 10 and Health Administration.

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(b) Section 5315 of title 5, United States Code, is 12 amended by adding at the end thereof the following

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"(114) Assistant Secretary of Labor for Mine Safety and Health.".

AMENDMENTS WITH RESPECT TO MINE SAFETY AND

HEALTH ADMINISTRATION

SEC. 303. (a) (1) Section 501 (a) of the Federal Coal

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19 Mine Health and Safety Act of 1969 is amended by insert20 ing "or other" immediately after "coal" wherever it 21 therein, and by striking out "The Secretary and" and insert22 ing in lieu therof "The Secretary of the Interior and".

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(2) Section 501 (b) of such Act is amended by insert24 ing "or other" immediately after "coal" each time it appears 25 therein and by adding after the word "Welfare" the follow

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1 ing: "through the National Institute for Occupational Safety 2 and Health established under the Occupational Safety and 3 Health Act of 1970"; and by striking out the period at the 4 end thereof and inserting "of the Interior in coordination 5 with the Secretary".

6 (3) Section 501 (d) of such Act is amended by insert7 ing "or other" immediately after “coal".

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(b) Section 502 of such Act is amended by inserting 9 "or other" immediately after "coal" each time it appears 10 therein.

11 (c) (1) Section 503 (a) of such Act is amended by 12 inserting "or other" immediately after "coal" each time it 13 appears therein.

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(2) Section 503 (b) of such Act is amended by inserting 15 "or other" immediately after "coal" each time it appears 16 therein.

17 (d) (1) Section 503 (f) of such Act is amended by

18 inserting "or other" immediately after "coal".

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(2) Section 503 (g) of such Act is amended by insert

20 ing "or other" immediately after "coal".

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(e) (1) Section 505 of such Act is amended by striking

22 out "the mining of coal" and inserting in lieu thereof "in 23 mining".

24 (2) Section 505 of such Act is further amended by 25 changing the period at the end of the second sentence thereof

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1 to a colon, and adding the following language: "Provided, 2 however, That, to the maximum extent feasible, in the selec3 tion of persons for appointment as mine inspectors, no person 4 shall be so selected unless he has the basic qualification of at 5 least five years practical mining experience and in assigning 6 mine inspectors to the inspection and investigation of indi7 vidual mines, due consideration shall be given to the extent 8 possible to their previous experience in the particular type of 9 mining operation where such inspections are to be made.” (f) Section 506(b) of such Act is amended by insert11 ing "or other" immediately after "coal" each time it appears

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12 therein.

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(g) (1) Section 511 (a) of such Act is amended by in

14 serting "or other" immediately after "coal".

15 (2) Section 511 (b) of such Act is amended by insert

16 ing "or other" immediately after "coal".

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(h) Section 502 of such Act is amended by adding the

18 following new subsection (e):

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"(c) (1) The National Mine Health and Safety Acad

20 emy shall be maintained as an agency of the Department

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of the Interior. The Academy shall be responsible for the

22 training of mine safety and health inspectors under section

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505 of this Act, and in training of technical support person24 nel of the Mine Safety and Health Administration estab25 lished under section 302 of the Federal Mine Safety and

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1 Health Amendments Act of 1977; and for any other train2 ing programs for mine inspectors, mining personnel, or other 3 persons as the Secretaries of Labor and Interior shall desig4 nate. In performing this function, the Academy shall have 5 the authority to enter into cooperative educational and train6 ing agreements with educational institutions, State govern7 ments, labor organizations, and mine operators and related 8 industries. Such training shall be conducted by the Academy 9 in accordance with curriculum needs and assignment of 10 instructional personnel established by the user.

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"(2) In performing its function pursuant to this sec12 tion, the National Mine Health and Safety Academy shall 13 use the facilities and personnel of the Department of the In14 terior, and such other personnel as shall be mutually agreed 15 upon by the Secretaries of Labor and Interior. The Secretary 16 of the Interior, upon request by the Academy, shall appoint 17 or assign to the Academy such officers and employees as the 18 Director of the Academy deems necessary for the performance of the duties and functions of the Academy.

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"(3) The Secretary of the Interior shall conduct his 21 safety research responsibilities under section 501 of this Act 22 in coordination with the Secretary of Labor, and the Secre23 taries of Labor and the Interior are authorized to enter into

95-842 O - 77 - 2

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1 contractual or other agreements for the performance of such

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4 SEC. 304. Nothing contained in this Act or any amend

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ment made by this Act shall be construed to reduce the 6 number of inspectors engaged in enforcement of the Fed7 eral Coal Mine Health and Safety Act of 1969 and the Fed8 eral Metal and Nonmetallic Mine Safety Act as in effect prior 9 to the effective date of this Act or to reduce the number of 10 inspectors engaged in the enforcement of the Occupational 11 Safety and Health Act of 1970.

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BUDGET PROVISION

SEC. 305. In the preparation of the Budget message 14 required under section 201 of the Budget and Accounting 15 Act, 1921 (31 U.S.C. 11), the President shall set forth 16 as separate appropriation accounts amounts required for 17 appropriation for mine health and safety pursuant to the 18 Federal Mine Health and Safety Act of 1977 and for occu19 pational safety and health pursuant to the Occupational 20 Safety and Health Act of 1970.

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