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"(n) 'Administration' means the Mine Safety and

2 Health Administration in the Department of Labor."

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(c) Section 4 of such Act is amended by inserting "or

4 other" immediately after "coal".

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SEC. 201. Title I of the Federal Coal Mine Health and

9 Safety Act of 1969 is amended by inserting "or other" im

10 mediately after "coal" wherever that term occurs.

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TITLE III-MISCELLANEOUS PROVISIONS

TRANSFER MATTERS

SEC. 301. (a) Except with respect to the functions 14 assigned to the Secretary of the Interior pursuant to section 15 501 of the Federal Coal Mine Health and Safety Act of 16 1969, the functions of the Secretary of the Interior under 17 the Federal Coal Mine Health and Safety Act of 1969, as 18 amended, and the Federal Metal and Nonmetallic Mine 19 Safety Act are transferred to the Secretary of Labor.

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(b) (1) The mandatory standards relating to mines, 21 issued by the Secretary of the Interior under the Federal 22 Metal and Nonmetallic Mine Safety Act and standards and 23 regulations under the Federal Coal Mine Health and Safety 24 Act of 1969 which are in effect on the date of enactment of 25 this Act shall remain in effect as standards applicable to

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1 metallic and nonmetallic mines and to coal mines respectively 2 under the Federal Mine Safety and Health Act of 1977 until such time as the Secretary shall issue new or revised 4 standards.

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(2) Within sixty days after the effective date of this Act, 6 the Secretary shall establish an advisory committee which 7 shall, within one hundred and eighty days after the date 8 of the establishment of such advisory committee, review 9 the advisory health and safety standards issued by the 10 Secretary of the Interior under the Federal Metal and Non11 metallic Mine Safety Act and recommend to the Secretary 12 which of those standards (or any modification of such stand13 ards which does not substantially diminish the health and 14 safety of miners) should be promulgated as health and safety 15 standards under the Federal Mine Safety and Health Act 16 of 1977. The Secretary shall publish, within sixty days after 17 any recommendations of the advisory committee under this 18 paragraph, each of the standards so recommended for adop19 tion with or without modification as a health and safety 20 standard under such Act by publication of such standard 21 in the Federal Register, and afford interested persons a 22 period of twenty-five days after publication to submit written 23 data or comment. Within thirty days after the close of the 24 comment period specified in the preceding sentence, the Sec25 retary shall promulgate by publication in the Federal Regis

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1 ter a standard based upon the advisory committee recom2 mendation with or without modification, and the data and 3 comments received thereon, unless the Secretary determines 4 that such a standard will not promote the health and safety of 5 miners and publishes an explanation of that determination 6 in the Federal Register.

7 (3) All interpretations, regulations, and instructions of 8 the Secretary of the Interior or the Director of the Bureau 9 of Mines, in effect on the date of enactment of this Act and 10 not inconsistent with any provision of this Act or any 11 amendment made by this Act, shall be published in the Fed12 eral Register and shall continue in effect until modified or 13 superseded in accordance with the provisions of this Act. 14 (c) (1) All unexpended balances of appropriations, per15 sonnel, property, records, obligations, and commitments 16 which are used primarily with respect to any function trans17 ferred under the provisions of subsection (a) of this section to 18 the Secretary shall be transferred to the Department of Labor. 19 The transfer of personnel pursuant to this paragraph shall be 20 without reduction in classification or compensation for one 21 year after such transfer, except that the Secretary of Labor 22 shall have full authority to assign personnel during such 23 one-year period in order to efficiently carry out functions 24 transferred to him under this Act.

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1 (2) All orders, decisions, determinations, rules, regula2 tions, permits, contracts, certificates, licenses, and privileges 3 (A) which have been issued, made, granted, or allowed 4 to become effective in the exercise of functions which are 5 transferred under this section by any department or agency, 6 any functions of which are transferred by this section, and 7 (B) which are in effect at the time this section takes effect, 8 shall continue in effect according to their terms until modi9 fied, terminated, superseded, set aside, or repealed by the 10 Secretary of Labor, by any court of competent jurisdiction, 11 or by operation of law.

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(3) The provisions of this section shall not affect any 13 proceedings pending at the time this section takes effect 14 before any department or agency, functions of which are 15 transferred by this section; except that such proceedings, to 16 the extent that they relate to functions so transferred, shall 17 be continued before the Secretary of Labor. Orders shall 18 be issued in such proceedings, appeals shall be taken there19 from, and payments shall be made pursuant to such orders, 20 as if this section had not been enacted; and orders issued in 21 any such proceedings shall continue in effect until modified, 22 terminated, superseded, or repealed by the Secretary of 23 Labor, by a court of competent jurisdiction, or by operation 24 of law.

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1 (4) The provisions of this section shall not affect suits 2 commenced prior to the date this section takes effect and in 3 all such suits proceedings shall be had, appeals taken, and 4 judgments rendered, in the same manner and effect as if 5 this section had not been enacted; except that if before the 6 date on which this section takes effect, any department or 7 agency (or officer thereof in his official capacity) is a party 8 to a suit involving functions transferred to the Secretary, 9 then such suit shall be continued by the Secretary of Labor. 10 No cause of action, and no suit, action, or other proceeding, 11 by or against any department or agency (or officer thereof 12 in his official capacity) functions of which are transferred 13 by this section, shall abate by reason of the enactment of this 14 section. Causes of actions, suits, actions, or other proceedings 15 may be asserted by or against the United States or the Secre16 tary as may be appropriate and, in any litigation pending 17 when this section takes effect, the court may at any time, on 18 its own motion or that of any party, enter an order which 19 will give effect to the provisions of this paragraph.

20 (d) For purposes of this section, (1) the term "func21 tion" includes power and duty, and (2) the transfer of a 22 function, under any provision of law, of an agency or the 23 head of a department shall also be a transfer of all functions 24 under such law which are exercised by any officer or officer 25 of such agency or department.

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