Page:United States Statutes at Large Volume 91.djvu/1331

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1297

"(d) Advisory committee members, other than officers or employees Compensation of Federal, State, or local governments, shall be, for each day and expenses. (including traveltime) during which they are performing committee business, entitled to receive compensation at a rate fixed by the appropriate Secretary but not in excess of the maximum rate of pay for grade GS-18 as provided in the General Schedule under section 5332 of title 5 of the United States Code, and shall, notwithstanding the 5 USC 5332 limitations of sections 5703 and 5704 of title 5 of the United States note. Code, be fully reimbursed for travel, subsistence, and related expenses. ((INSPECTIONS,

INVESTIGATIONS, AND RECORDKEEPING

"SEC. 103, (a) Authorized representatives of the Secretary or the 30 USC 813. Secretary of Health, Education, and Welfare shall make frequent inspections and investigations in coal or other mines each year for the purpose of (1) obtaining, utilizing, and disseminating information relating to health and safety conditions, the causes of accidents, and the causes of diseases and physical impairments originating in such mines, (2) gathering information with respect to mandatory health or safety standards, (3) determining whether an imminent danger exists, and (4) determining whether there is compliance with the mandatory health or safety standards or with any citation, order, or decision issued under this title or other requirements of this Act. In Advance notice. carrying out the requirements of this subsection, no advance notice of an inspection shall be provided to any person, except that in carrying out the requirements of clauses (1) and (2) of this subsection, the Secretary of Health, Education, and Welfare may give advance notice of inspections. In carrying out the requirements of clauses (3) and (4) of this subsection, the Secretary shall make inspections of each underground coal or other mine in its entirety at least four times a year, and of each surface coal or other mine in its entirety at least two times a year. The Secretary shall develop guidelines for additional Additional inspections of mines based on criteria including, but not limited to, the inspections, hazards found in mines subject to this Act, and his experience under guidelines. this Act and other health and safety laws. For the purpose of making Interior Dept. any inspection or investigation under this Act, the Secretary, or the and HEW, right Secretary of Health, Education and Welfare, with respect to ful- of entry to mines. filling his responsibilities under this Act, or any authorized representative of the Secretary or the Secretary of Health, Education, and Welfare, shall have a right of entry to, upon, or through any coal or other mine. "(b) For the purpose of making any investigation of any accident Notice and or other occurrence relating to health or safety in a coal or other mine, hearing. the Secretary may, after notice, hold public hearings, and may sign Subpoenas. and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mile- Witnesses fees. age that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person Violation, notice. under this section, the district court of the United States for any dis- Punishment. trict in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.