Page:United States Statutes at Large Volume 91.djvu/1347

 PUBLIC LAW 95-164—NOV. 9, 1977 'ADMINISTRATIVE

91 STAT. 1313

PROVISIONS

" SEC. 112. Except as provided in section 518(a) of title 28, United Litigation. States Code, relating to litigation before the Supreme Court, the Solic- 30 USC 822. itor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act but all such litigation shall be subject to the direction and control of the Attorney General. " THE FEDERAL, M I N E SAFETY AND HEALTH REVIEW COMMISSION

" SEC. 113. (a) The Federal Mine Safety and Health Keview Commission is hereby established. The Commission shall consist of five members, appointed by the President by and with the advice and consent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission under this Act. The President shall designate one of the members of the Commission to serve as Chairman. " (b)(1) The terms of the members of the Commission shall be six years, except that— " (A) members of the Commission first taking office after the date of enactment of the Federal Mine Safety and Health Amendments Act of 1977, shall serve, as designated by the President at the time of appointment, one for a term of two years, two for a term of four years and two for a term of six years; and " (B) a vacancy caused by the death, resignation, or removal of any member prior to the expiration of the term for which he was appointed shall be filled only for the remainder of such unexpired term. Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. " (2) The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission. The Commission shall appoint such employees as it deems necessary to assist in the performance of the Commission's functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and general pay rates. Upon the effective date of the Federal Mine Safety and Health Amendments Act of 1977, the administrative law judges assigned to the Arlington, Virginia, facility of the Office of H e a r i n g s and Appeals, United States Department of the Interior, shall be automatically transferred in grade and position to the Federal Mine Safety and Health Review Commission. Notwithstanding the provisions of section 559 of title 5 of the United States Code, the incumbent Chief Administrative Law J u d g e of the Office of Hearings and Appeals of the Department of the Interior assigned to the Arlington, Virginia facility shall have the option, on the effective date of the Federal Mine Safety and Health Amendments Act of 1977, of transferring to the Commission as an administrative law judge, in the same grade and position as the other administrative law judges. The administrative law judges (except those presiding over Indian Probate Matters) assigned to the Western facilities of the Office of H e a r i n g s and Appeals of the Department of the Interior shall remain with that Department at their present grade and position or they shall have the right to transfer on an equivalent basis to that extended in this paragraph to the Arlington, Virginiadministrative law judges in accordance with procedures established by the Civil Service Commission. The Commission shall appoint such additional administrative law judges as it deems necessary to carry out the functions of the Commis-

Establishment.

30 USC 823. Membership.

ehairman. Term.

Vacancies.

Administrative operations.

5 USC 5101, 5331. Administrative law judges, transfers.

Appointments.

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