Text: H.R.1834 — 104th Congress (1995-1996)All Information (Except Text)

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Introduced in House (06/14/1995)

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 1834 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1834

        To amend the Occupational Safety and Health Act of 1970.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 1995

 Mr. Ballenger (for himself, Mr. Boehner, Mr. Goodling, Mr. Barrett of 
Nebraska, Mr. Bartlett, Mr. Bonilla, Mr. Bunning of Kentucky, Mr. Burr, 
  Mr. Calvert, Mr. Canady of Florida, Mr. Castle, Mr. Chambliss, Mr. 
 Christensen, Mr. Coble, Mr. Cooley, Mr. Cremeans, Mr. Cunningham, Mr. 
 DeLay, Mr. Doolittle, Mr. Emerson, Mr. Fawell, Mr. Foley, Mr. Forbes, 
Mr. Funderburk, Mr. Graham, Mr. Greenwood, Mr. Gunderson, Mr. Hancock, 
  Mr. Hansen, Mr. Hastert, Mr. Hefley, Mr. Heineman, Mr. Herger, Mr. 
Hoekstra, Mr. Hutchinson, Mrs. Johnson of Connecticut, Mr. Sam Johnson 
  of Texas, Mr. Jones, Jr., Ms. Kelly, Mr. Klug, Mr. Kollenberg, Mr. 
 Linder, Mr. Manzullo, Mr. McKeon, Mr. McIntosh, Ms. Meyers of Kansas, 
 Mr. Mica, Mrs. Myrick, Mr. Norwood, Mr. Paxon, Mr. Petri, Mrs. Pryce, 
 Mr. Riggs, Mr. Salmon, Mr. Scarborough, Mr. Souder, Mr. Stenholm, Mr. 
 Stump, Mr. Talent, Mr. Tauzin, Mr. Tiahrt, Mr. Walker, Mr. Wamp, Mr. 
Weldon of Florida, Mr. Wicker, and Mr. Zeliff) introduced the following 
 bill; which was referred to the Committee on Economic and Educational 
                             Opportunities

_______________________________________________________________________

                                 A BILL


 
        To amend the Occupational Safety and Health Act of 1970.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Safety and Health 
Improvement and Regulatory Reform Act of 1995''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents; reference.
Sec. 2. Standards.
Sec. 3. Notice of violation.
Sec. 4. Consultation, incentives for voluntary action, and technical 
                            assistance.
Sec. 5. Removal of barriers to voluntary safety and health activities.
Sec. 6. Inspections.
Sec. 7. Employer defenses.
Sec. 8. Penalties.
Sec. 9. Review by the Commission.
Sec. 10. NIOSH repealed.
Sec. 11. State Workmen's Compensation Commission repealed.
Sec. 12. State programs.
Sec. 13. Discrimination.
Sec. 14. Coverage of Federal agencies.
Sec. 15. Federal agency safety programs.
Sec. 16. Prevention of alcohol and substance abuse.
Sec. 17. Mine safety and health.
Sec. 18. Recordkeeping and reporting.
Sec. 19. Definitions.
Sec. 20. Miscellaneous technical amendments.
Sec. 21. Effective date.
    (c) Reference.--Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the 
Occupational Safety and Health Act of 1970.

SEC. 2. STANDARDS.

    (a) Promulgation and Modification.--Section 6(b)(1) (29 U.S.C. 
655(b)(1)) is amended to read as follows:
            ``(1) The promulgation and modification of standards under 
        this section shall be based upon sound scientific data in the 
        field and on such research, demonstrations, experiments, and 
        such other information as may be appropriate. The Secretary 
        shall ensure an adequate record for any standard. Each standard 
        shall be based upon the following analyses and criteria:
                    ``(A) A regulatory impact analysis prepared under 
                subsection (h).
                    ``(B) An assessment of the risks to workers 
                resulting from the hazard being addressed by the 
                standard. The assessment shall be contained in a risk 
                assessment document prepared in accordance with the 
                principles for risk assessment and characterization 
                prescribed in subsection (i).
                    ``(C) An identification of the benefits and costs 
                of the standard conducted in accordance with subsection 
                (k).
                    ``(D) A determination that the standard is needed 
                to address a significant risk of material impairment to 
                the health or safety of employees in each industry to 
                which it applies and will substantially reduce that 
                risk.
                    ``(E) A determination that the standard is 
                economically and technologically feasible and practical 
                in each industry to which it applies.
                    ``(F) A determination that the incremental risk 
                reduction or other benefits of the standard justify, 
                and are reasonably related to, the incremental costs 
                incurred in each industry to which the standard 
                applies.
                    ``(G) A determination that the standard will 
                provide protection to workers in the most cost-
                effective manner and minimize employment loss due to 
                the standard in the affected industries.
                    ``(H) Whenever practicable, the standard shall be 
                expressed in terms of objective criteria and of the 
                performance desired.''.
    (b) Separate Rules for Certain Hazards.--Paragraph (5) of section 
6(b)(5) (29 U.S.C. 655(b)(5)) is repealed.
    (c) Variances.--Section 6(d) (29 U.S.C. 655(d)) is amended by 
adding at the end the following: ``If the Secretary has failed to 
approve or disapprove an application for a variance within 90 days of 
the filing of such application, the variance shall be deemed to have 
been issued as of the date of such filing unless the applicant and the 
Secretary agree to a longer time period.''.
    (d) Regulatory Impact Analysis.--Section 6 (29 U.S.C. 655) is 
amended by adding at the end the following:
    ``(h)(1) The Secretary shall prepare--
            ``(A) a preliminary regulatory impact analysis, which shall 
        be transmitted along with any proposed rule under section 
        6(b)(2), and
            ``(B) a final regulatory impact analysis, which shall be 
        transmitted along with a rule or determination issued under 
        section 6(b)(4).
    ``(2) Each preliminary and final regulatory impact analysis 
prepared under paragraph (1) shall contain the following information:
            ``(A) A description of the potential benefits of the 
        standard, including any beneficial effects that cannot be 
        quantified in monetary terms and the identification of those 
        likely to receive the benefits.
            ``(B) An explanation of the necessity, legal authority, and 
        reasonableness of the standard and a description of the hazard 
        that the standard is to address.
            ``(C) A description of the potential costs of the standard, 
        including any adverse effects that cannot be quantified in 
        monetary terms, and the identification of those likely to bear 
        the costs.
            ``(D) An analysis of any alternative approaches, including 
        market based mechanisms, that could substantially achieve the 
        same regulatory goal at a lower cost and an explanation of the 
        reasons why such alternative approaches were not adopted, 
        together with a demonstration that the standard provides for 
        the least costly approach.
            ``(E) A statement that the standard does not conflict with, 
        or duplicate, any other standard or requirement, or the reasons 
        why such a conflict or duplication exists.
            ``(F) A statement of whether persons will be required by 
        the standard to maintain any records which will be subject to 
        inspection.
            ``(G) An estimate of the costs to the Secretary for 
        implementation and enforcement of the standard and of whether 
        the Secretary can be reasonably expected to implement the 
        standard with the current level of appropriations.''.
    (e) Risk Assessment.--Section 6 (29 U.S.C. 655), as amended by 
subsection (d), is amended by adding at the end the following:
    ``(i)(1) The principles to be applied in any assessment of risks 
relied upon by the Secretary in promulgating or modifying any standard 
are as follows:
            ``(A) When discussing risk to health or safety, a risk 
        assessment document shall contain a discussion of both relevant 
        laboratory and relevant epidemiological data of sufficient 
        quality which finds, or fails to find, a correlation between 
        risks to health or safety and a potential toxin, condition, 
        process, or activity. Where conflicts among such data appear to 
        exist, or where animal data are used as a basis to assess human 
        health, the risk assessment document shall, to the extent 
        feasible and appropriate, include discussion of possible 
        reconciliation of conflicting information, and as relevant, 
        differences in study designs, comparative physiology, routes of 
        exposure, bioavailability, pharmacokinetics, and any other 
        relevant factor, including the sufficiency of basic data for 
        review. Animal data shall be reviewed with regard to its 
        relevancy to humans.
            ``(B) Where a risk assessment document involves selection 
        of any significant assumption, inference, or model, the 
        document shall, to the extent feasible--
                    ``(i) present a representative list and explanation 
                of plausible and alternative assumptions, inferences, 
                or models;
                    ``(ii) explain the basis for any choices;
                    ``(iii) identify any policy or value judgments;
                    ``(iv) fully describe any model used in the risk 
                assessment and make explicit the assumptions 
                incorporated in the model; and
                    ``(v) indicate the extent to which any significant 
                model has been validated by, or conflicts with, 
                empirical data.
    ``(2) Any characterization of risk relied upon by the Secretary in 
promulgating or modifying a standard shall, to the extent feasible, 
provide--
            ``(A) the best estimate or estimates for the specific 
        classes of workers which are the subject of the 
        characterization; and
            ``(B) a statement of the reasonable range of scientific 
        uncertainties.
In addition to such best estimate or estimates, the risk 
characterization may present plausible upper-bound or conservative 
estimates in conjunction with plausible lower bounds estimates. Where 
appropriate, the risk characterization may present, in lieu of a single 
best estimate, multiple best estimates based on assumptions, 
inferences, or models which are equally plausible, given current 
scientific understanding.
    ``(3) Any characterization of risk relied upon by the Secretary in 
promulgating or modifying a standard shall explain the exposure 
scenarios used in any risk assessment, and, to the extent feasible, 
provide a statement of the size of the corresponding population at risk 
and the likelihood of such exposure scenarios.
    ``(4) Any characterization of risk relied upon by the Secretary in 
promulgating or modifying a standard shall contain a statement that 
places the nature and magnitude of risks to worker health or safety in 
context. Such statement shall, to the extent feasible, provide 
comparisons with estimates of greater, lesser, and substantially 
equivalent risks that are familiar to and routinely encountered by the 
general public as well as other risks, and, where appropriate and 
meaningful, comparisons of those risks with other similar risks 
regulated by the Secretary. Such comparisons should consider relevant 
distinctions among risks, such as the voluntary or involuntary nature 
of risks and the preventability or nonpreventability of risks.
    ``(5) If--
            ``(A) a commenter provides the Secretary with a relevant 
        risk assessment document or a risk characterization document, 
        and a summary thereof, during the public comment period 
        provided under section 6(b), and
            ``(B) the risk assessment document or risk characterization 
        document is consistent with the principles and the guidance 
        provided under this Act,
         the Secretary shall, to the extent feasible, present such 
summary in connection with the presentation of the Secretary's 
description of the risk to health or safety of employees. Nothing in 
this paragraph shall be construed to limit the inclusion of any 
comments or material supplied by any person to the administrative 
record. A document may satisfy the requirements of paragraph (3) or (4) 
by reference to information or material otherwise available to the 
public if the document provides a brief summary of such information or 
material.
    ``(j) Any recommendation or classification made by a non-United 
States-based entity concerning the health effects value of a substance 
shall not be incorporated into any standard without an opportunity for 
notice and comment. For the purposes of this subsection, the term `non-
United States-based entity' means--
            ``(1) any foreign government and its agencies;
            ``(2) the United Nations or any of its subsidiary 
        organizations;
            ``(3) any other international governmental body or 
        international standards-making organization; or
            ``(4) any other organization or private entity without a 
        place of business located in the United States or its 
        territories.''.
    (f) Cost-Benefit Analysis.--Section 6 (29 U.S.C. 655), as amended 
by subsection (e), is amended by adding at the end the following:
    ``(k) Each identification of the costs and benefits of a final or 
proposed standard shall include the following:
            ``(1) An identification of reasonable alternative 
        strategies, including strategies that--
                    ``(A) require no government action;
                    ``(B) will accommodate differences among differing 
                types of operations and among employers with different 
                levels of resources with which to comply; and
                    ``(C) employ performance or other market-based 
                mechanisms that permit the greatest flexibility in 
                achieving the identified benefits of the standard.
        The Secretary shall consider reasonable alternative strategies 
        proposed during the comment period.
            ``(2) An analysis of the incremental costs and incremental 
        risk reduction or other benefits associated with each 
        alternative strategy identified or considered by the Secretary. 
        Costs and benefits shall be quantified to the extent feasible 
        and appropriate and may otherwise be qualitatively described.
            ``(3) A statement that places in context the nature and 
        magnitude of the risks to be addressed and the residual risks 
        likely to remain for each alternative strategy identified or 
        considered by the Secretary. Such statement shall, to the 
        extent feasible, provide comparisons with estimates of greater, 
        lesser, and substantially equivalent risks that are familiar to 
        and routinely encountered by the general public as well as 
        other risks, and, where appropriate and meaningful, comparisons 
        of those risks with other similar risks regulated by the 
        Secretary. Such comparisons should consider relevant 
        distinctions among risks, such as the voluntary or involuntary 
        nature of risks and the preventability or nonpreventability of 
        risks.
            ``(4) For each final rule, an analysis of whether the 
        identified benefits of the standard are likely to exceed the 
        identified costs of the standard.
            ``(5) An analysis of the effect of the standard--
                    ``(A) on small businesses with fewer than 100 
                employees;
                    ``(B) on net employment; and
                    ``(C) to the extent practicable, on the cumulative 
                financial burden of compliance with the standard and 
                other existing regulations on persons subject to the 
                standard.''.
    (g) Process for Review of Existing OSHA Standards.--Section 6 (29 
U.S.C. 655), as amended in subsection (f), is amended by adding at the 
end the following:
    ``(l)(1) The Secretary shall, within 7 years of the effective date 
of the Safety and Health Improvement and Regulatory Reform Act of 1995, 
review each standard in effect as of the effective date of such Act 
under the criteria established under subsection (b)(1) and modify or 
revoke such standards as appropriate.
    ``(2) Any person affected by a standard that has been promulgated 
under this section may petition the Secretary to modify or revoke the 
standard pursuant to this subsection.
    ``(3) Each petition submitted under this subsection shall include 
information or documentation that is adequate to--
            ``(A) identify the standard or portion thereof that is 
        sought to be modified or revoked and describe the change that 
        is sought in the standard; and
            ``(B) make a prima facie showing that--
                    ``(i) the standard is likely to continue having a 
                significant impact on the industry or industries with 
                respect to which the modification or revocation is 
                sought, and
                    ``(ii) the modification or revocation is necessary 
                in order for the risk reduction or other benefits of 
                the standard to justify and be reasonably related to 
                the costs of the standard in the industry or industries 
                with respect to which the modification or revocation is 
                sought.
    ``(4)(A) Within 120 days of receiving a petition submitted under 
this subsection, the Secretary shall review the petition and determine 
whether to accept or reject it.
    ``(B) The Secretary shall reject a petition submitted under this 
subsection if it does not include adequate information and 
documentation as specified in paragraph (2). If the Secretary 
determines to reject the petition, the Secretary, within 30 days of 
making that determination, shall publish in the Federal Register a 
notice announcing the determination to reject the petition and 
explaining the basis for that determination.
    ``(C) The Secretary shall accept a petition submitted under this 
subsection if it includes adequate information and documentation as 
specified in paragraph (2). Within 120 days of accepting any such 
petition, the Secretary shall prepare a cost-benefit analysis of the 
existing standard and of the change that is sought in the standard.
    ``(D) If, on the basis of the analysis prepared pursuant to 
subparagraph (C), the Secretary determines that the incremental 
benefits of a standard, or any part of a standard, do not justify the 
costs with respect to an industry or industries, the Secretary shall 
publish a notice in the Federal Register, initiating a rulemaking to 
modify or revoke the standard. Final action taken in that rulemaking 
shall be subject to judicial review in accordance with subsection (f) 
of this section.
    ``(E) If, on the basis of the information and documentation 
submitted by the petitioner and the analysis prepared pursuant to 
subparagraph (C), the Secretary determines that the standard should not 
be changed, the Secretary shall publish a notice in the Federal 
Register, announcing the determination not to change the standard and 
explaining the basis for that determination.
    ``(5) The Secretary's determination to reject a petition under 
paragraph (4)(B) or a determination not to change the standard under 
paragraph (4)(E) shall constitute a final agency action subject to 
judicial review at the request of a person who submitted the petition 
under paragraph (1). Any such person may challenge the Secretary's 
determination to reject the petition or a determination not to change 
the standard, by filing a petition for review in any court that would 
have jurisdiction and be proper venue for the filing of a petition to 
review the standard itself. Any such petition shall be filed within 60 
days of the date on which notice of the Secretary's determination under 
paragraph (4)(B) or (4)(E) is published in the Federal Register.
    ``(6) Nothing in this subsection shall be construed to prohibit a 
person from petitioning the Secretary to promulgate, modify, or revoke 
a standard pursuant to any other provision of law.''.
    (h) Independent and External Peer Review Panel.--Section 6(g) (29 
U.S.C. 655(g)) is amended to read as follows:
    ``(g) Whenever the Secretary determines that a rule should be 
promulgated or modified in order to serve the objectives of this Act, 
the Secretary shall appoint a panel of individuals to review the 
scientific and economic data which forms the basis for such standard 
and the relevance of the data to industries and workers which would be 
affected by the standard. Such panel shall be broadly representative 
and balanced, and shall include persons with expertise in scientific 
and economic analysis and persons with expertise relevant to the 
industry or industries which would be subject to the standard. Persons 
with substantial and relevant expertise shall not be excluded merely 
because they represent entities that may have potential interest in the 
outcome if that interest is fully disclosed to the agency and in the 
case of a decision affecting a single entity, no peer reviewer 
representing such entity may be included on the panel. Reports of the 
panel, including any individual and minority reports, shall be 
published together with any proposed or final rule under paragraphs (2) 
and (4) of subsection (b) on the standard. The Secretary shall provide 
a written response to all significant comments of the panel and shall 
include such responses with the proposed or final rule to which the 
reports of the panel members are attached.''.

 SEC. 3. NOTICE OF VIOLATION.

    (a) Amendments.--Section 9 (29 U.S.C. 658) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (2) by striking subsection (a) and inserting the following:
    ``(a) Except as provided in subsection (c), if, upon inspection or 
investigation, the Secretary or the Secretary's authorized 
representative believes that an employer or an employee has violated a 
requirement of section 5, of any standard, rule or order prescribed 
pursuant to section 6, or of any regulations prescribed pursuant to 
this Act, the Secretary shall with reasonable promptness so notify the 
employer. Each such notice shall be in writing and shall describe with 
particularity the nature of the violation and the recommendations for 
abatement. In addition, the notice shall fix a reasonable time for 
abatement of the alleged violation. Such time for abatement shall be 
not less than 30 days, except that a shorter period may be allowed if 
the condition constitutes a direct threat to employees and a shorter 
period is reasonable under all of the circumstances.
    ``(b) If upon a follow up inspection the Secretary believes that a 
violation of a standard, rule, or order prescribed under section 6, or 
a violation of any regulation prescribed pursuant to this Act, 
previously identified in a notice as provided in subsection (a), 
remains and the time provided for its abatement has expired, the 
Secretary may issue a citation to the employer. Each citation shall be 
in writing and shall describe with particularity the nature of the 
violation, including a reference to the provision of the Act, standard, 
rule, regulation, or order alleged to have been violated. 
Notwithstanding the issuance of a notice under subsection (a), the 
Secretary shall not issue a citation with respect to de minimis 
violations which have no direct or immediate relationship to safety or 
health. A violation of any requirement for posting, recordkeeping, 
reporting, notification, or compiling or maintaining written documents 
or records shall be considered a de minimis violation unless the 
Secretary establishes that such violation has a direct relationship to 
the safety or health of employees or reflects an intent to mislead or 
deceive the Secretary or any employee.''; and
            (3) by adding at the end the following:
    ``(e) The notice required in subsection (a) before issuance of a 
citation shall not be required in the case of any alleged violation 
causing death or serious injury to an employee or which constitutes an 
imminent danger to an employee.''.
    (b) Conforming Amendments.--Sections 10(a), 10(c), and 17(d) (29 
U.S.C. 659(a), 659(c), 666(d)) are each amended by striking ``9(a)'' 
each place it occurs and inserting ``9(b)''.

SEC. 4. CONSULTATION, INCENTIVES FOR VOLUNTARY ACTION, AND TECHNICAL 
              ASSISTANCE.

    The Act is amended by inserting after section 8 the following:

                      ``worksite-based incentives

    ``Sec. 8A. (a) The Secretary shall establish an office to promote, 
administer, and coordinate the programs and activities described in 
this section.
    ``(b)(1) Except as provided in this paragraph, the Secretary shall 
not conduct an inspection or investigation of any place of employment 
for which certification has
 been provided in accordance with paragraph (2) or (4). Such 
prohibition does not apply to inspections and investigation conducted 
for the purpose of--
            ``(A) determining the cause of a workplace accident which 
        resulted in the death of one or more employees or the 
        hospitalization of 3 or more employees,
            ``(B) responding to an inspection request under section 
        8(f), or
            ``(C) conducting an inspection as required under section 
        9(c)(1).
    ``(2) In order to qualify for the exemption provided under 
paragraph (1), an employer shall certify that the place of employment 
or conditions of employment have, during the preceding year, been 
reviewed under--
            ``(A) a consultation program provided by recipients of 
        cooperative agreements described in subsection (d), or
            ``(B) a workplace review provided by any person certified 
        under paragraph (3).
Such review shall include a determination that any serious hazards 
identified in the workplace have been corrected and that the employer 
has in place an effective means of addressing serious workplace 
hazards.
    ``(3) The Secretary shall, within 6 months after the date of the 
enactment of the Safety and Health Improvement and Regulatory Reform 
Act of 1995 establish a program for the certification of persons to 
conduct reviews under this section. The certification program shall 
provide--
            ``(A) that persons may be certified generally or as to 
        specific industries, and that the certification may be for 
        health, safety, or both;
            ``(B) uniform minimum standards for certification; and
            ``(C) acceptance, where appropriate, of certifications made 
        by--
                    ``(i) any generally recognized training institution 
                if the course of study of the institution meets the 
                criteria that the Secretary shall prescribe, or
                    ``(ii) any generally recognized certifying entity.
    ``(4) The Secretary may certify for exemption under paragraph (1) 
workplaces which have significant involvement of employees in their 
safety and health program, which involvement includes--
            ``(A) regular consultation between employer and non-
        supervisory employees regarding safety and health issues;
            ``(B) assurances that participating non-supervisory 
        employees have training or expertise on safety and health 
        issues consistent with their responsibilities; and
            ``(C) opportunity for non-supervisory employees to make 
        recommendations regarding hazards in the workplace and to 
        receive responses or to implement improvements in response to 
        recommendations.
    ``(c)(1) The Secretary shall establish a program to give special 
recognition to worksites and companies and other organizations which 
have implemented particularly effective programs addressing 
occupational safety and health in the workplace. Such recognition shall 
include exemption from inspections except those described in subsection 
(b)(1).
    ``(2) An organization or company may qualify for recognition under 
paragraph (1) only if it--
            ``(A) applies to the Secretary in writing, for the 
        recognition,
            ``(B) permits an evaluation by the Secretary of its 
        occupational safety and health operations, and
            ``(C) meets such requirements and specifications as the 
        Secretary determines to be appropriate to achieve the 
        objectives of this subsection.
In applying subparagraph (C) with respect to any organization or 
company, the Secretary shall rely upon the Secretary's evaluation of 
the occupational safety and health operation of the organization or 
company. The evaluation should encompass all aspects of the 
organization's or company's current occupational safety and health 
practice.
    ``(3) The Secretary shall ensure that all organizations and 
companies making an application under section 2(A) receive the complete 
results of their evaluations as well as detailed explanations of all 
suggestions for improvements. The Secretary shall also provide 
information about the recognitions and the successful quality 
improvement programs of the recognition-winning participants to all 
organizations and companies.
    ``(4) The Secretary is authorized to seek and accept gifts, 
including in-kind assistance, from public and private sources to carry 
out this subsection.
    ``(d) This subsection authorizes the consultative services to 
employers provided under cooperative agreements between the States and 
the Occupational Safety and Health Administration and described in part 
1908 of title 29 of the Code of Federal Regulations, as in effect on 
the date of the enactment of the Safety and Health Improvement and 
Regulatory Reform Act of 1995.
    ``(e) In addition to the other programs in this section, the 
Secretary shall establish programs to provide education, training, and 
technical assistance to employers and employees to assist them in the 
provision of safe and healthful workplaces and compliance with the 
requirements of this Act. The Secretary may also conduct, through 
grants or contracts, education programs to provide an adequate supply 
of qualified personnel to carry out the purpose of this Act.
    ``(f) Effective in the first fiscal year that begins 3 years after 
the effective date of the Safety and Health Improvement and Regulatory 
Reform Act of 1995, not less than one-half of the annual appropriation 
made to the Secretary to carry out this Act shall be expended to carry 
out this section.''.

 SEC. 5. REMOVAL OF BARRIERS TO VOLUNTARY SAFETY AND HEALTH ACTIVITIES.

    Section 4 (29 U.S.C. 653) is amended by adding at the end the 
following:
    ``(c) In order to carry out the purposes of this Act to encourage 
employer and employees in their efforts to reduce the number of 
occupational safety and health hazards--
            ``(1) employee participation, including through committees, 
        teams, or any other arrangement--
                    ``(A) which exists for the purpose, in whole or in 
                part, of dealing with the employer concerning the 
                safety or health of working conditions or related 
                matters, and
                    ``(B) which does not have, claim, or seek authority 
                to be the exclusive bargaining representative of the 
                employees or to negotiate or enter into collective 
                bargaining agreements with the employer or to amend 
                existing collective bargaining agreements between the 
                employer and any labor organization,
        shall not constitute a `labor organization' for purposes of 
        section 8(a)(2) of the National Labor Relations Act or a 
        representative for purposes of sections 1 and 2 of the Railway 
        Labor Act, and
            ``(2) records, reports, or other information prepared in 
        connection with safety and health inspections, audits, or 
        reviews conducted by or for an employer and not required by 
        this Act shall not be disclosed in any inspection, 
        investigation, or enforcement proceeding pursuant to this 
        Act.''.

SEC. 6. INSPECTIONS.

    (a) Employee-Employer Cooperation.--Section 8(f)(1) (29 U.S.C. 
657(f)(1)) is amended to read as follows:
    ``(f)(1) Any employee who believes that a violation of a safety or 
health standard exists that threatens physical harm, or that an 
imminent danger exists, may, if the employee has brought the violation 
or danger to the attention of the employer and the employer has failed 
or refused to correct the violation or danger, request an inspection by 
giving notice to the Secretary or the Secretary's authorized 
representative of such violation or danger. Any such notice shall set 
forth with reasonable particularity the grounds for the notice, 
including a description of the efforts which the employee has made with 
the employer to have the violation or danger corrected, and a copy 
shall be provided to the employer no later than at the time of 
inspection. If upon receipt of such notification the Secretary 
determines that there are reasonable grounds to believe that such 
violation or danger exists and that the employer has failed to correct 
the violation or danger, the Secretary shall make an inquiry with the 
employer and may make a special inspection in accordance with the 
provisions of this section to determine if such violation or danger 
exists. Any such inspection shall be conducted for the limited purpose 
of determining whether such violation or danger exists. If the 
Secretary determines there are no reasonable grounds to believe a 
violation or danger exists, the Secretary shall notify the employees in 
writing of such determination.''.
    (b) Inspection Training and Fire Protection.--Section 8 is amended 
by redesignating subsection (g) as subsection (j) and by inserting 
after subsection (f) the following:
    ``(g) Inspections conducted under this section shall be conducted 
by at least one individual who has technical expertise by training or 
experience in the industry or types of hazards being inspected.
    ``(h) The Secretary shall enter into agreements with other Federal 
agencies and with States to train inspection personnel of agencies 
which conduct inspections of employers to inspect places of employment 
to determine if employee fire protection is adequate and shall 
establish a system for referral of fire hazards to the Secretary after 
notification to the employer, if the employer fails to take corrective 
actions.''.
    (c) Small Business Inspections.--Section 8, as amended by 
subsection (b), is further amended by adding at the end the following:
    ``(i)(1) Except as provided in paragraph (2), the Secretary shall 
not conduct routine inspections of, or enforce any standard, rule, 
regulation, or order under this Act with respect to--
            ``(A) any person who is engaged in a farming operation 
        which does not maintain a temporary labor camp and is employing 
        10 or fewer employees, or
            ``(B) any employer of not more than 50 employees if such 
        employer is included within a category of employers having an 
        occupational injury or a lost work day case rate (determined 
        under the Standard Industrial Classification Code for which 
        such rates are published) which is less than the national 
        average rate as most recently published by the Secretary acting 
        through the Bureau of Labor Statistics under section 25.
    ``(2) Paragraph (1) shall, in the case of persons who are not 
engaged in farming operations, not prevent the Secretary from--
            ``(A) providing under this Act consultations, technical 
        assistance, and educational and training services and 
        conducting under this Act surveys and studies;
            ``(B) conducting inspections required under section 28(a) 
        or conducting inspections or investigations in response to 
        employee's complaints as provided in section 8(f), issuing 
        warnings for violations of this Act found during such an 
        inspection, and issuing citations and assessing a penalty for 
        violations which are not corrected within a reasonable 
        abatement period consistent with subsections (a) and (b) of 
        section 9;
            ``(C) taking any action authorized by this Act with respect 
        to imminent dangers;
            ``(D) taking any action authorized by this Act with respect 
        to health standards;
            ``(E) taking any action authorized by this Act with respect 
        to a report of an employment accident which is fatal to at 
        least one employee or which results in hospitalization of at 
        least 3 employees and taking any action pursuant to an 
        investigation of such report; and
            ``(F) taking any action authorized by this Act with respect 
        to complaints of discrimination against employees for 
        exercising their rights under this Act.''.

SEC. 7. EMPLOYER DEFENSES.

    Section 9 (29 U.S.C. 658), as amended by section 3, is amended by 
adding at the end the following:
    ``(f) No citation with respect to an alleged violation may be 
issued under subsection (b) to an employer unless
 the employer knew or with the exercise of reasonable diligence would 
have known of the presence of such alleged violation. No citation shall 
be issued under subsection (b) to an employer for an alleged violation 
of any standard, rule, or order promulgated pursuant to section 6, or 
any other regulation promulgated under this Act if such employer 
demonstrates that--
            ``(1) employees of such employer have been provided with 
        any training and equipment required by the standard or rule at 
        issue;
            ``(2) work rules designed to prevent such a violation have 
        been established and communicated to employees by such employer 
        and the employer has taken reasonable measures to implement 
        such work rules and to discipline employees when violations of 
        such work rules have been discovered; and
            ``(3) the failure of employees to observe work rules led to 
        the violation.
    ``(g) A citation issued under subsection (b) to an employer who 
violates the requirements of any standard, rule, or order promulgated 
pursuant to section 6 or any other regulation promulgated under this 
Act shall be vacated if such employer demonstrates that employees of 
such employer were protected by alternative methods substantially equal 
or more protective of the employee's safety and health than those 
required by such standard, rule, order, or regulation in the factual 
circumstances underlying the citation.
    ``(h) Notwithstanding any other provision of law, compliance with a 
requirement under this Act or any other Federal regulatory requirement 
designed to protect human health or safety shall be a defense against a 
citation or any civil or administrative action for a violation of a 
requirement under this or any other law, where the requirements under 
the 2 laws are potentially in conflict. For purposes of this 
subsection, the term `potentially in conflict' means a requirement that 
overlaps with, is inconsistent with, or conflicts with, a requirement 
under this Act, and includes labeling requirements for the same product 
and training requirements that are related to the same hazard.
    ``(i) Subsections (f), (g), and (h) shall not be construed to 
eliminate or modify other defenses which may exist to any citation.''.

SEC. 8. PENALTIES.

    (a) Elimination of ``Willful and Repeated'' Authority.--Section 17 
(29 U.S.C. 666) is amended by striking subsection (a) (relating to 
willful and repeated violations), by redesignating subsection (k) 
(relating to the definition of serious violations) as subsection (a), 
and by redesignating subsection (l) as subsection (k).
    (b) Criteria for Assessing Penalties.--Section 17(j) (29 U.S.C. 
666(j)) is amended to read as follows:
    ``(j) The Commission shall have authority to assess all civil 
penalties provided in this section, giving due consideration to the 
appropriateness of the penalty with respect to--
            ``(1) the size of the employer,
            ``(2) the number of employees exposed to the violation,
            ``(3) the likely severity of any injuries directly 
        resulting from such violation,
            ``(4) the probability that the violation could result in 
        injury or illness,
            ``(5) the employer's good faith, including correcting the 
        violation after it has been identified,
            ``(6) the extent to which employee misconduct was 
        responsible for the violation, and
            ``(7) the effect of the penalty on the employer's ability 
        to stay in business.
The Commission shall not assess a penalty greater than that proposed by 
the Secretary. A civil penalty assessed under this section may be 
reduced by the cost to the employer of correcting the violation to 
which the penalty applies.''.
    (c) Special Assessments.--Section 17 (29 U.S.C. 666), as amended by 
subsection (a), is amended by adding at the end the following:
    ``(l) The Secretary may propose that a special assessment be 
applied in the following circumstances:
            ``(1) Fatalities of employees caused by violations of 
        standards issued under section 6.
            ``(2) An excessive history of serious injuries to employees 
        caused by violations of standards issued under section 6.
When the Secretary determines that a special assessment is appropriate, 
the Secretary may propose a multiplier, based on the factors listed in 
subsection (j), of not greater than 10 to the penalty determined under 
subsection (b).''.
    (d) No Penalties Where No Standard or Regulation Exists.--Section 
17 (29 U.S.C. 666) is amended by striking out ``of the requirements of 
section 5 of this Act,'' each place it appears.
    (e) Jurisdiction for Prosecution Under State and Local Criminal 
Laws.--Section 17 (29 U.S.C. 666), as amended by subsection (c), is 
amended by adding at the end the following:
    ``(m) Nothing in this Act shall preclude State and local law 
enforcement agencies from conducting criminal prosecutions in 
accordance with the laws of such State or locality.''.

SEC. 9. REVIEW BY THE COMMISSION.

    (a) Commission Action.--Section 10(c) (29 U.S.C. 6559(c)) is 
amended as follows:
            (1) In the first sentence, by striking out ``fifteen'' and 
        inserting in lieu thereof ``30''.
            (2) By amending the second and third sentences to read as 
        follows: ``The Commission shall thereafter issue an order, 
        based on its de novo findings of fact and its de novo 
        conclusions of law, affirming, modifying, or vacating the 
        Secretary's citation or proposed penalty, or directing other 
        appropriate relief, and such order shall become final 30 days 
        after first issuance. Upon a showing by an employer of a good 
        faith effort to comply with the abatement requirements of a 
        citation, and that the abatement has not been completed because 
        of factors beyond the employer's reasonable control, the 
        Commission, after an opportunity for a hearing as provided in 
        this subsection, shall issue an order affirming or modifying 
        the abatement requirements in such citation.''.
    (b) Upholding Commission's Conclusions.--Section 11(a) (29 U.S.C. 
660(c)) is amended by adding the following sentence immediately after 
the sixth sentence: ``The Commission's conclusions of law with respect 
to the construction of this Act, or regulations, rules, standards or 
orders adopted under this Act, shall be upheld if reasonable.''.
    (c) Numbers.--(1) Section 12(a) (29 U.S.C. 661(a)) is amended by 
striking out ``three members'' and inserting ``5 members'' and by 
inserting after the second sentence: ``At least one member of the 
Commission shall have experience or expertise in mining.''.
    (2) Section 12(f) (29 U.S.C. 661(f)) is amended by striking out 
``two'' and inserting ``3''.
    (d) Amendment.--Section 12(g) (29 U.S.C. 661(g)) is amended by 
adding at the end the following new sentence: ``If the parties so 
agree, no formal proceedings, including requests for the production of 
documents, requests for admissions, interrogatories, or depositions 
shall be required.''.

SEC. 10. NIOSH REPEALED.

    The Act is amended by repealing sections 20, 21, and 22 (29 U.S.C. 
669, 670, 671).

SEC. 11. STATE WORKMEN'S COMPENSATION COMMISSION REPEALED.

    The Act is amended by repealing section 27 (29 U.S.C. 676).

SEC. 12. STATE PROGRAMS.

    Section 18(c) (29 U.S.C. 667(c)) is amended--
            (1) in paragraph (2), by striking out ``are required by 
        compelling local conditions and do not unduly burden interstate 
        commerce'' and inserting ``are substantively the same as any 
        requirement under a standard promulgated under section 6,'';
            (2) in paragraph (3), by inserting before the comma at the 
        end the following: ``and provides means for informal resolution 
        and adjudication of contested citations''; and
            (3) by adding at the end the following:
``Paragraphs (4) and (5) shall not apply if the State has adopted 
alternative performance measures to assure that its program is at least 
as effective as the Federal program in assuring safe and healthful 
employment and places of employment.''.

SEC. 13. DISCRIMINATION.

    Section 11(c) (29 U.S.C. 660(c)) is amended by striking out 
paragraphs (2) and (3) and inserting in lieu thereof the following:
    ``(2) Any employee who believes that the employee has been 
discharged or otherwise discriminated against by any person in 
violation of paragraph (1) or who believes that the employee has been 
discharged or discriminated against because of an action taken by the 
employee under section 8(f), may, within 60 days after such violation 
occurs, file a complaint with the Secretary alleging such 
discrimination. Upon receipt of such a complaint the Secretary shall 
notify the person named in the complaint and begin an investigation to 
determine if the Secretary should, on behalf of such employee, request 
the Commission to take action on the basis of such complaint. The 
Secretary shall make such determination within 60 days of the filing of 
such complaint.
    ``(3) If within such 60 days, the Secretary does not file a 
complaint on behalf of the complainant with the Commission, such 
employee may file such complaint with the Commission. If such a 
complaint is filed with the Commission of if the Secretary files a 
complaint, the Commission shall provide opportunity for a hearing (in 
accordance with section 554 of title 5, United States Code, but without 
regard to subsection (a)(3) of such section), and issue an order, based 
upon findings of fact and conclusions of law. In such an order, the 
Commission may order such equitable relief as may be appropriate, 
including rehiring or reinstatement of the employee to the employee's 
former position with back pay and interest. Upon completion of a 
proceeding on such order, the Commission may award the prevailing party 
a reasonable attorney's fee. Final orders of the Commission may be 
appealed as provided in subsection (a).
    ``(4) Anytime after a complaint has been filed with the Secretary 
alleging a violation of paragraph (1), the complaining employee, the 
person charged with committing the violation, or the Secretary have the 
right to request that the complaint be referred to the Federal 
Mediation and Conciliation Service, or on mutual agreement, another 
mediator, for mediation of the dispute.''.

SEC. 14. COVERAGE OF FEDERAL AGENCIES.

    Section 3(5) (29 U.S.C. 652(5)) is amended--
            (1) by striking ``but does not include the United States or 
        any'' and inserting ``but does not include any''; and
            (2) by adding at the end: ``Such term includes the 
        Government of the United States and any agency or 
        instrumentality of the Government.''.

SEC. 15. FEDERAL AGENCY SAFETY PROGRAMS.

    The Act is amended by repealing section 19 (29 U.S.C. 668).
SEC. 16. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

    The Act is amended by repealing sections 28 through 31, by 
redesignating sections 32, 33, and 34 as sections 29, 30, and 33, 
respectively, and by inserting after section 26 (29 U.S.C. 676) the 
following:

                 ``alcohol and substance abuse testing

    ``Sec. 27. (a) Whenever there exists the reasonable probability 
that the safety or health of any employee could be endangered in the 
workplace because of the use of alcohol or a controlled substance by 
any employee, the employer of such employee may establish and implement 
an alcohol and substance abuse testing program in accordance with 
subsection (b). Nothing in this section shall be construed to require 
an employer to establish a substance abuse or drug testing program for 
applicants or employees or make employment decisions based on such test 
results.
    ``(b)(1) The substance abuse testing program shall conform to 
subpart B of the mandatory guidelines for Federal workplace drug 
testing programs published on April 11, 1988, by the Secretary of 
Health and Human Services at 53 Federal Register 11979 and any 
amendments adopted to such guidelines.
    ``(2) The alcohol testing program shall take the form of alcohol 
breath analysis and shall conform to any guidelines developed by the 
Secretary of Transportation for alcohol testing of mass transit 
employees under the Department of Transportation and Related Agencies 
Appropriations Act, 1992.
    ``(c) This section shall not be construed to prohibit an employer 
from requiring an employee to submit to and pass an alcohol or 
substance abuse test before employment by the employer or--
            ``(1) on a for cause basis or where the employer has 
        reasonable suspicion to believe that such employee is using or 
        is under the influence of alcohol or a controlled substance,
            ``(2) where such test is administered as part of a 
        scheduled medical examination,
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, bodily injury, or 
        property damage,
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the conclusion of an alcohol or substance 
        abuse treatment program, or
            ``(5) on a random selection basis in work units, locations, 
        or facilities where alcohol and substance abuse has been 
        identified as a problem or as part of a universal testing 
        program.
    ``(d) The Secretary is authorized to conduct testing of employees 
for use of alcohol or controlled substances during any investigation of 
a work-related fatality or serious injury.''.

SEC. 17. MINE SAFETY AND HEALTH.

    (a) Reorganization.--Titles I, II, III, and V of the Federal Mine 
Safety and Health Act of 1977 are repealed, except as provided in this 
section. Subject to the provisions of this Act, and the Occupational 
Safety and Health Act of 1970, the functions and authorities provided 
to the Mine Safety and Health Administration under such provisions are 
transferred to the Assistant Secretary of Labor for Occupational Safety 
and Health, and the responsibilities and authorities of the Federal 
Mine Safety and Health Review Commission are transferred to 
Occupational Safety and Health Review Commission.
    (b) Standards.--Standards promulgated under the Federal Mine Safety 
and Health Act of 1977 shall be deemed to have been promulgated under 
the Occupational Safety and Health Act of 1970. The Secretary shall 
not, with respect to activities, conditions, or processes which were 
subject to the Federal Mine Safety and Health Act of 1977, enforce any 
other standards promulgated prior to the effective date of this Act. 
The following parts of title 30, Code of Federal Regulations, are 
repealed effective 1 year after the date of the enactment of this Act:
            (1) Subchapter A, part 1.
            (2) Subchapter G, parts 40, 43, 45.
            (3) Subchapter M, part 50.
            (4) Subchapter P, part 100.
            (5) Subchapter Q, part 104.
The requirements of subchapter H, part 48, shall not be enforced with 
respect to shell dredging or with respect to any sand, gravel, surface 
stone, surface clay, colloidal phosphate, or surface limestone mine.
    (c) Mine Safety.--The Act, as amended by section 14, is amended by 
inserting after section 27 the following:

                             ``mine safety

    ``Sec. 28. (a) Each underground mine shall be inspected at least 
annually.
    ``(b) Inspectors of mines shall be qualified by practical 
experience in mining, by experience as a mining engineer or by 
education. To the maximum extent feasible, in the selection of persons 
for appointment as mine inspectors, no person shall be so selected 
unless the person has the basic qualification of at least 5 years 
practical mining experience.
    ``(c)(1) If upon inspection or investigation of a mine, the 
Secretary or the Secretary's authorized representative finds an 
imminent danger exists, the Secretary or the Secretary's representative 
shall issue an order requiring the employer to withdraw all persons 
from the affected area and not permit re-entry into the area until the 
imminent danger has been eliminated or all persons have been protected 
from exposure to the imminent danger.
    ``(2) The following persons shall not be required to be withdrawn 
from or prohibited from entering any area of an employment site subject 
to an order issued under this subsection:
            ``(A) Any person whose presence, in the judgment of the 
        employer or an authorized representative of the Secretary, is 
        necessary to evaluate or eliminate the condition described in 
        the order.
            ``(B) Any consultants to such persons.
    ``(3) Any employer who is issued an order pursuant to this 
subsection may seek immediate review of such order in the United States 
District Court for the District of Columbia or for the District in 
which the employment site is located. Such review shall be available to 
the employer within one day following the issuance of the order. The 
burden shall be on the Secretary to prove the imminent danger and that 
the danger justifies the issuance of the order under paragraph (1). In 
the case of proceeding to review any order issued pursuant to this 
subsection, the court may, under such conditions as it may prescribe, 
grant such temporary relief as it deems appropriate pending final 
determination of the proceedings if--
            ``(A) all parties to the proceeding have been notified and 
        given an opportunity to be heard in person, by telephone or in 
        writing on the request for temporary relief;
            ``(B) the party requesting such relief shows that there is 
        substantial likelihood that that party will prevail on the 
        merits of the final determination of the proceeding; and
            ``(C) such relief will not cause a serious hazard to 
        employees.
    ``(4) Any operator who knowingly violates or fails or refuses to 
comply with any order issued under this subsection shall, upon 
conviction, be punished by a fine of not more than $25,000, or by 
imprisonment for not more than one year, or by both, except that if the 
conviction is for a violation committed after the first conviction of 
such operator under this Act, punishment shall be fined of not more 
than $50,000, or by imprisonment for not more than five years, or both.
    ``(5) The term ``imminent danger'' means the existence of any 
condition or practice in a workplace as described in section 13.
    ``(d) Any miner who willfully violates the mandatory safety 
standards relating to smoking or carrying of smoking materials, 
matches, or lighters shall be subject to a civil penalty assessed by 
the Commission which penalty shall not be more than $250 for each 
occurrence.''.
    (d) National Mine Health and Safety Academy.--The National Mine 
Health and Safety Academy shall be maintained as an agency of the 
Department of Labor. The Academy shall be responsible for the training 
of mine safety and health inspectors and in training of technical 
support personnel, and for any other training programs for mine 
inspectors, mining personnel, or other personnel as the Secretary of 
Labor shall designate, in accordance with procedures and authorities as 
in effect before the date of the enactment of this Act.

SEC. 18. RECORDKEEPING AND REPORTING.

    (a) Records.--Section 8(c)(2) (29 U.S.C. 657) is amended to read as 
follows:
    ``(2) The Secretary shall prescribe regulations requiring employers 
to maintain accurate records of work-related deaths and work-related 
injuries and illnesses that require medical treatment, other than first 
aid treatment, and involve one or more lost workdays or 5 or more days 
of restriction of work. The Secretary may require such records or 
reports of such records or summaries thereof be submitted to the 
Secretary, provided however, that any such records and reports which 
may be submitted to or obtained by the Secretary shall not be released 
or disclosed by the Secretary in any manner which identifies individual 
employers or workplaces.
    (b) Statistics.--The last sentence of section 24(a) (29 U.S.C. 673) 
is amended to read as follows: ``The Secretary shall compile accurate 
statistics on work-related deaths and work-related injuries and 
illnesses that require medical treatment, other than first aid 
treatment, and involved one or more lost workdays or 5 or more days of 
restriction of work.''.

SEC. 19. DEFINITIONS.

    Section 3 (29 U.S.C. 652) is amended by adding at the end thereof 
the following:
            ``(15) The term `serious injury' means an injury that 
        results in one or more days away from work and protracted loss 
        or impairment of the function of a bodily member, organ, or 
        mental faculty or, in the case of exposure to toxic materials, 
        requires medical treatment other than first aid.
            ``(16) The term `industry' means the 4 digit classification 
        as defined in the Standard Industrial Classification Manual 
        prepared by the Office of Management and Budget, unless the 
        Occupational Safety and Health Administration finds that a 
        broader classification adequately represents the circumstances 
        of the constituent industries affected.''.

SEC. 20. MISCELLANEOUS TECHNICAL AMENDMENTS.

    (a) Annual Report to the Congress.--Section 4(b)(3) (29 U.S.C. 
653(b)(3)) is amended to read as follows:
    ``(3) The Secretary shall annually report to the Congress regarding 
activities under this Act, including recommendations for legislation to 
avoid unnecessary duplication and to achieve coordination between this 
Act and other Federal laws.''.
    (b) Certification of Equipment.--Section 7 is amended by adding at 
the end thereof the following:
    ``(d) Certification of Equipment.--The Secretary shall provide for 
a means for certification of equipment for which such certification is 
required pursuant to this Act, the Occupational Safety and Health Act 
of 1970, or the Federal Mine Safety and Health Act of 1977. The 
Secretary shall provide that such certification shall be conducted by 
nongovernmental agencies, unless the Secretary determines that 
nongovernmental agencies with professional or technical personnel or 
materials and equipment are not available.''.

SEC. 21. EFFECTIVE DATE.

    Except as otherwise provided, this Act and amendments made by this 
Act shall take effect 120 days after the date of the enactment of this 
Act.
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