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U.S. Code as of:
01/19/04
Section 671. National Institute for Occupational Safety and Health
(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 sections 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 sections 669 and 670 of this title.
(d) Authority of Director
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.
(e) Additional authority of Director
In addition to any authority vested in the Institute by other
provisions of this section, the Director, in carrying out the
functions of the Institute, is authorized to -
(1) prescribe such regulations as he deems necessary governing
the manner in which its functions shall be carried out;
(2) receive money and other property donated, bequeathed, or
devised, without condition or restriction other than that it be
used for the purposes of the Institute and to use, sell, or
otherwise dispose of such property for the purpose of carrying
out its functions;
(3) receive (and use, sell, or otherwise dispose of, in
accordance with paragraph (2)), money and other property donated,
bequeathed or devised to the Institute with a condition or
restriction, including a condition that the Institute use other
funds of the Institute for the purposes of the gift;
(4) in accordance with the civil service laws, appoint and fix
the compensation of such personnel as may be necessary to carry
out the provisions of this section;
(5) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of title 5;
(6) accept and utilize the services of voluntary and
noncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized by section 5703 of title 5;
(7) enter into contracts, grants or other arrangements, or
modifications thereof to carry out the provisions of this
section, and such contracts or modifications thereof may be
entered into without performance or other bonds, and without
regard to section 5 of title 41, or any other provision of law
relating to competitive bidding;
(8) make advance, progress, and other payments which the
Director deems necessary under this title without regard to the
provisions of section 3324(a) and (b) of title 31; and
(9) make other necessary expenditures.
(f) Annual reports
The Director shall submit to the Secretary of Health and Human
Services, to the President, and to the Congress an annual report of
the operations of the Institute under this chapter, which shall
include a detailed statement of all private and public funds
received and expended by it, and such recommendations as he deems
appropriate.
(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.
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