Page:United States Statutes at Large Volume 91.djvu/1349

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1315

in such review proceedings except in compliance with the requirements of this paragraph. "(C) For the purpose of review by the Commission under para- Record, contents. graph (A) or (B) of this subsection, the record shall include: (i) all matters constituting the record upon which the decision of the administrative law judge was based; (ii) the rulings upon proposed findings and conclusions; (iii) the decision of the administrative law judge; (iv) the petition or petitions for discretionary review, responses thereto, and the Commission's order for review; and (v) briefs filed on review. No other material shall be considered by the Commission upon review. The Commission either may remand the case to the administrative law judge for further proceedings as it may direct or it may affirm, set aside, or modify the decision or order of the administrative law judge in conformity with the record. If the Commission determines that further evidence is necessary on an issue of fact it shall remand the case for further proceedings before the administrative law judge. (The provisions of section 557(b) of title 5, United States Code, with regard to the review authority of the Commission are hereby expressly superseded to the extent that they are inconsistent with the provisions of subparagraphs (A), (B), and (C) of this paragraph.) "(e) In connection with hearings before the Commission or its Witnesses and administrative law judges under this Act, the Commission and its evidence. administrative law judges may compel the attendance and testimony of witnesses and the production of books, papers, or documents, or objects, and order testimony to be taken by deposition at any stage of the proceedings before them. Any person may be compelled to appear and depose and produce similar documentary or physical evidence, in the same manner as witnesses may be compelled to appear and produce evidence before the Commission and its administrative law judges. Witnesses shall be paid the same fees and mileage that are paid wit- Compensation nesses in the courts of the United States and at depositions ordered by such courts. In case of contumacy, failure, or refusal of any person Subpoenas, to obey a subpoena or order of the Commission or an administrative law judge, respectively, to appear, to testify, or to produce documentary or physical evidence, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides, or transacts business, = shall, upon the application of the Commission, or the administrative law judge, respectively, have jurisdiction to issue to such person an order requiring such person to appear, to testify, or to produce evidence as ordered by the Commission or the administrative law judge, respectively, and any failure to obey such order of the court may be punished by the court as a contempt thereof. ((AUTHORIZATION

OF APPROPRIATIONS

"SEC. 114. There are authorized to be appropriated, out of any 30 USC 824. moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this title. MANDATORY H E A L T H AND SAFETY

TRAINING

"SEC. 115. (a) Each operator of a coal or other mine shall have a. health and safety training program which shall be approved by the Secretary. The Secretary shall promulgate regulations with respect to such health and safety training programs not more than 180 days

Program, approval by Secretary. 30 USC 825. Regulations.

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