30 U.S.C. § 962 — Acceptance of contributions and prosecu-

Page 208 TITLE 30—MINERAL LANDS AND MINING § 962 2 So in original. Probably should be ‘‘office’’. tion takes effect and in all such suits pro- ceedings shall be had, appeals taken, and judg- ments rendered, in the same manner and effect as if this section had not been enacted; except that if before the date on which this section takes effect, any department or agency (or offi- cer thereof in his official capacity) is a party to a suit involving functions transferred to the Secretary, then such suit shall be continued by the Secretary of Labor. No cause of action, and no suit, action, or other proceeding, by or against any department or agency (or officer thereof in his official capacity) functions of which are transferred by this section, shall abate by reason of the enactment of this sec- tion. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or the Secretary as may be appro- priate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this paragraph. (d) ‘‘Function’’ defined For purposes of this section, (1) the term ‘‘function’’ includes power and duty, and (2) the transfer of a function, under any provision of law, of an agency or the head of a department shall also be a transfer of all functions under such law which are exercised by any officer 2 or officer of such agency or department. (e) Determinations by Director of Office of Man- agement and Budget The Director of the Office of Management and Budget in consultation with the Secretary of Labor and the Secretary of the Interior is au- thorized and directed to make such determina- tions as may be necessary with regard to the dispositions of personnel, personnel positions, property, records, assets, liabilities, contracts, obligations, commitments, unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, in con- nection with the functions transferred by this Act as he may deem necessary to accomplish the purposes of this Act. (Pub. L. 95–164, title III, § 301, Nov. 9, 1977, 91 Stat. 1317; Pub. L. 96–38, title I, § 100, July 25, 1979, 93 Stat. 111.) Editorial Notes REFERENCES IN TEXT The Federal Coal Mine Health and Safety Act of 1969, referred to in subsecs. (a) and (b)(1), is Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, which was redesignated the Federal Mine Safety and Health Act of 1977 by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, and is classified principally to this chapter (§ 801 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. The Federal Metal and Nonmetallic Mine Safety Act, referred to in subsecs. (a) and (b), is Pub. L. 89–577, Sept. 16, 1966, 80 Stat. 772, which was classified gen- erally to chapter 21 (§ 721 et seq.) of this title and was repealed by Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322. This Act, referred to in subsecs. (a), (c)(1), and (e), means Pub. L. 95–164, Nov. 9, 1977, 91 Stat. 1290, known as the Federal Mine Safety and Health Amendments Act of 1977, which enacted sections 822 to 825 and 961 of this title and section 557a of Title 29, Labor, amended sections 801 to 804, 811 to 821, 842, 861, 878, 951 to 955, 958, and 959 of this title and sections 5314 and 5315 of Title 5, Government Organization and Employees, repealed sections 721 to 740 of this title and section 1456a of Title 43, Public Lands, and enacted provisions set out as notes under sections 801 and 954 of this title and section 11 of former Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 801 of this title and Tables. The date of enactment of this Act, referred to in sub- sec. (a), is the date of enactment of Pub. L. 95–164, which was approved Nov. 9, 1977. The Health and Safety Academy, referred to in sub- sec. (a), probably means the National Mine Health and Safety Academy. See section 952(c) of this title. The Federal Mine Safety and Health Act of 1977, re- ferred to in subsec. (b)(1), is Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, as amended by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, which is classified principally to this chapter (§ 801 et seq.). For complete classifica- tion of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. For the time this section takes effect, referred to in subsec. (c)(2) and (4), see Effective Date of 1977 Amend- ment note set out under section 801 of this title. CODIFICATION Section was enacted as part of Pub. L. 95–164, known as the Federal Mine Safety and Health Amendments Act of 1977, and not as part of Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977 which comprises this chapter. AMENDMENTS 1979—Subsec. (a). Pub. L. 96–38 inserted provision transferring the Health and Safety Academy to the Secretary of Labor. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For the effective date of this section, see section 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under section 801 of this title. § 962. Acceptance of contributions and prosecu- tion of projects; cooperative programs to pro- mote health and safety education and train- ing; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival operations The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is authorized to promote health and safety edu- cation and training in the mining community through cooperative programs with States, in- dustry, and safety associations: Provided further, That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwith- standing any other provision of law, may pro- vide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization: Page 209 TITLE 30—MINERAL LANDS AND MINING § 963 Provided further, That any funds available to the Department of Labor may be used, with the ap- proval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. (Pub. L. 118–47, div. D, title I, Mar. 23, 2024, 138 Stat. 640.) Editorial Notes REFERENCES IN TEXT Secretary, referred to in text, is the Secretary of Labor as referred to in title I of division D of Pub. L. 118–47. See third proviso under the heading ‘‘Training and Employment Services’’ (138 Stat. 629), which is not classified to the Code. CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Federal Mine Safety and Health Act of 1977 which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. H, title I, Dec. 29, 2022, 136 Stat. 4845. Pub. L. 117–103, div. H, title I, Mar. 15, 2022, 136 Stat. 432. Pub. L. 116–260, div. H, title I, Dec. 27, 2020, 134 Stat. 1558. Pub. L. 116–94, div. A, title I, Dec. 20, 2019, 133 Stat. 2547. Pub. L. 115–245, div. B, title I, Sept. 28, 2018, 132 Stat. 3058. Pub. L. 115–141, div. H, title I, Mar. 23, 2018, 132 Stat. 706. Pub. L. 115–31, div. H, title I, May 5, 2017, 131 Stat. 512. Pub. L. 114–113, div. H, title I, Dec. 18, 2015, 129 Stat. 2593. Pub. L. 113–235, div. G, title I, Dec. 16, 2014, 128 Stat. 2460. Pub. L. 113–76, div. H, title I, Jan. 17, 2014, 128 Stat. 357. Pub. L. 112–74, div. F, title I, Dec. 23, 2011, 125 Stat. 1060. Pub. L. 111–117, div. D, title I, Dec. 16, 2009, 123 Stat. 3235. Pub. L. 111–8, div. F, title I, Mar. 11, 2009, 123 Stat. 759. Pub. L. 110–161, div. G, title I, Dec. 26, 2007, 121 Stat. 2164. Pub. L. 109–149, title I, Dec. 30, 2005, 119 Stat. 2841. Pub. L. 108–447, div. F, title I, Dec. 8, 2004, 118 Stat. 3120. Pub. L. 108–199, div. E, title I, Jan. 23, 2004, 118 Stat. 233. Pub. L. 108–7, div. G, title I, Feb. 20, 2003, 117 Stat. 305. Pub. L. 107–116, title I, Jan. 10, 2002, 115 Stat. 2183. Pub. L. 106–554, § 1(a)(1) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A–9. Pub. L. 106–113, div. B, § 1000(a)(4) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–223. Pub. L. 105–277, div. A, § 101(f) [title I], Oct. 21, 1998, 112 Stat. 2681–337, 2681–344. Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1475. Pub. L. 104–208, div. A, title I, § 101(e) [title I], Sept. 30, 1996, 110 Stat. 3009–233, 3009–240. Pub. L. 104–134, title I, § 101(d) [title I], Apr. 26, 1996, 110 Stat. 1321–211, 1321–218; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103–333, title I, Sept. 30, 1994, 108 Stat. 2545. Pub. L. 103–112, title I, Oct. 21, 1993, 107 Stat. 1088. Pub. L. 102–394, title I, Oct. 6, 1992, 106 Stat. 1797. Pub. L. 102–170, title I, Nov. 26, 1991, 105 Stat. 1112. Pub. L. 101–517, title I, Nov. 5, 1990, 104 Stat. 2195. Pub. L. 101–166, title I, Nov. 21, 1989, 103 Stat. 1164. Pub. L. 100–436, title I, Sept. 20, 1988, 102 Stat. 1686. Pub. L. 100–202, § 101(h) [title I], Dec. 22, 1987, 101 Stat. 1329–256, 1329–262. Pub. L. 99–500, § 101(i) [H.R. 5233, title I], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title I], Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–178, title I, Dec. 12, 1985, 99 Stat. 1107. Pub. L. 98–619, title I, Nov. 8, 1984, 98 Stat. 3310. Pub. L. 98–139, title I, Oct. 31, 1983, 97 Stat. 876. Pub. L. 97–377, title I, § 101(e)(1) [title I], Dec. 21, 1982, 96 Stat. 1878, 1883. Pub. L. 97–92, § 101(a) [H.R. 4560, title I], Dec. 15, 1981, 95 Stat. 1183. Pub. L. 96–536, § 101(a) [incorporating H.R. 4389, title I, for FY 1980], Dec. 16, 1980, 94 Stat. 3166. Pub. L. 96–123, § 101(g) [H.R. 4389, title I], Nov. 20, 1979, 93 Stat. 925. Pub. L. 95–480, title I, Oct. 18, 1978, 92 Stat. 1570. Pub. L. 95–355, title I, Sept. 8, 1978, 92 Stat. 529. § 963. Technical Study Panel (a) Establishment There is established a Technical Study Panel (referred to in this section as the ‘‘Panel’’) which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining. (b) Membership The Panel shall be composed of— (1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety; (2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and (3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be ap- pointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress. (c) Qualifications Four of the six individuals appointed to the Panel under subsection (b) shall possess a mas- ters or doctoral level degree in mining engineer- ing or another scientific field demonstrably re- lated to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organiza- tion, or of any State or Federal agency pri- marily responsible for regulating the mining in- dustry. (d) Report (1) In general Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Sec- retary of Health and Human Services, the Committee on Health, Education, Labor, and