84 STAT. 1617 Quorum. Study. Report to and Congress. Hearings. 80 Stat. 378. 5 USC 101. 5 USC 5101, 5331. Pub. Law 91-596 - 28 December 29, 1970 (4) Eight members of the Workmen's Compensation Commission shall constitute a quorum. (d) (1) The Workmen's Compensation Commission shall undertake a comprehensive study and evaluation of State workmen's compensation laws in order to determine if such laws provide an adequate, prompt, and equitable system of compensation. Such study and evaluation shall include, without being limited to, the following subjects: (A) the amount and duration of permanent and temporary disability benefits and the criteria for determining the maximum limitations thereon, (B) the amount and duration of medical benefits and provisions insuring adequate medical care and free choice of physician, (C) the extent of coverage of workers, including exemptions based on numbers or type of employment, (D) standards for determining which injuries or diseases should be deemed compensable, (E) rehabilitation, (F) coverage under second or subsequent injury funds, (G) time limits on filing claims, (H) waiting periods, (I) compulsory or elective coverage, (J) administration, (K) legal expenses, (L) the feasibility and desirability of a uniform system of reporting information concerning job-related injuries and diseases and the operation of workmen's compensation laws, (M) the resolution of conflict of laws, extraterritoriality and similar problems arising from claims with multistate aspects, (N) the extent to which private insurance carriers are excluded from supplying workmen's compensation coverage and the desirability of such exclusionary practices, to the extent they are found to exist, (0) the relationship between workmen's compensation on the one hand, and old-age, disability, and survivors insurance and other types of insurance, public or private, on the other hand, (P) methods of implementing the recommendations of the Commission. (2) The Workmen's Compensation Commission shall transmit to the President and to the Congress not later than July 31, 1972, a final report containing a detailed statement of the findings and conclusions of the Commission, together with such recommendations as it deems advisable. (e) (1) The Workmen's Compensation Commission or, on the authorization of the Workmen's Compensation Commission, any subcommittee or members thereof, may, for the purpose of carrying out the provisions of this title, hold such hearings, take such testimony, and sit and act at such times and places as the Workmen's Compensation Commission deems advisable. Any member authorized by the Workmen's Compensation Commission may administer oaths or affirmations to witnesses appearing before the Workmen's Compensation Commission or any subcommittee or members thereof. (2) Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Workmen's Compensation Commission, upon request made by the Chairman or Vice Chairman, such information as the Workmen's Compensation Commission deems necessary to carry out its functions under this section. (f) Subject to such rules and regulations as may be adopted by the Workmen's Compensation Commission, the Chairman shall have the power to (1) appoint and fix the compensation of an executive director, and such additional staff personnel as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule December 29, 1970 - 29 Pub. Law 91-596 84 STAT. 1618 pay rates, but at rates not in excess of the maximum rate for Ante, p. 198-1. GS-18 of the General Schedule under section 5332 of such title, and (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. 80 Stat. 416. (g) The Workmen's Compensation Commission is authorized to Contract enter into contracts with Federal or State agencies, private firms, authorization. institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (h) Members of the Workmen's Compensation Commission shall Compensation; receive compensation for each day they are engaged in the perform- travel exance of their duties as members of the Workmen's Compensation penses. Commission at the daily rate prescribed for GS-18 under section 5332 of title 5, United States Code, and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Workmen's Compensation Commission. (i) There are hereby authorized to be appropriated such sums as Appropriation. may be necessary to carry out the provisions of this section. (j) On the ninetieth day after the date of submission of its final Termination. report to the President, the Workmen's Compensation Commission shall cease to exist. ECONOMIC ASSISTANCE TO SMALL BUSINESSES SEC. 28. (a) Section 7(b) of the Small Business Act, as amended, is amended (1) by striking out the period at the end of "paragraph (5)" and inserting in lieu thereof"; and"; and (2) by adding after paragraph (5) a new paragraph as follows: "(6) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist any small business concern in effecting additions to or alterations in the equipment, facilities, or methods of operation of such business in order to comply with the applicable standards promulgated pursuant to section 6 of the Occupational Safety and Health Act of 1970 or standards adopted by a State pursuant to a plan approved under section 18 of the Occupational Safety and Health Act of 1970, if the Administration determines that such concern is likely to suffer substantial economic injury without assistance under this paragraph." (b) The third sentence of section 7(b) of he Small Business Act, as amended, is amended by striking out "or (5)" after "paragraph (3)” and inserting a comma followed by "(5) or (6)”. 72 Stat. 387; 83 Stat. 802. 15 USC 636. (c) Section 4(c)(1) of the Small Business Act, as amended, is 80 Stat. 132. amended by inserting "7(b) (6),” after “7(b) (5),”. (d) Loans may also be made or guaranteed for the purposes set forth in section 7(b) (6) of the Small Business Act, as amended, pursuant to the provisions of section 202 of the Public Works and Economic Development Act of 1965, as amended. ADDITIONAL ASSISTANT SECRETARY OF LABOR SEC. 29. (a) Section 2 of the Act of April 17, 1946 (60 Stat. 91) as amended (29 U.S.C. 553) is amended by 15 USC 633. 79 Stat. 556. 42 USC 3142. 75 Stat. 338. 84 STAT. 1619 80 Stat. 462. 72 Stat. 775. 49 USC 1421. Pub. Law 91-596 - 30 December 29, 1970 (1) striking out "four" in the first sentence of such section and inserting in lieu thereof "five"; and (2) adding at the end thereof the following new sentence, "One of such Assistant Secretaries shall be an Assistant Secretary of Labor for Occupational Safety and Health.". (b) Paragraph (20) of section 5315 of title 5, United States Code, is amended by striking out "(4)" and inserting in lieu thereof “(5)”. ADDITIONAL POSITIONS SEC. 30. Section 5108 (c) of title 5, United States Code, is amended by (1) striking out the word "and" at the end of paragraph (8); (2) striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding immediately after paragraph (9) the following new paragraph: "(10)(A) the Secretary of Labor, subject to the standards and procedures prescribed by this chapter, may place an additional twenty-five positions in the Department of Labor in GS-16, 17, and 18 for the purposes of carrying out his responsibilities under the Occupational Safety and Health Act of 1970; "(B) the Occupational Safety and Health Review Commission, subject to the standards and procedures prescribed by this chapter, may place ten positions in GS-16, 17, and 18 in carrying out its functions under the Occupational Safety and Health Act of 1970." EMERGENCY LOCATOR BEACONS SEC. 31. Section 601 of the Federal Aviation Act of 1958 is amended by inserting at the end thereof a new subsection as follows: "EMERGENCY LOCATOR BEACONS "(d) (1) Except with respect to aircraft described in paragraph (2) of this subsection, minimum standards pursuant to this section shall include a requirement that emergency lccator beacons shall be installed “(A) on any fixed-wing, powered aircraft for use in air commerce the manufacture of which is completed, or which is imported into the United States, after one year following the date of enactment of this subsection; and 66 (B) on any fixed-wing, powered aircraft used in air commerce after three years following such date. "(2) The provisions of this subsection shall not apply to jetpowered aircraft; aircraft used in air transportation (other than air taxis and charter aircraft); military aircraft; aircraft used solely for training purposes not involving flights more than twenty miles from its base; and aircraft used for the aerial application of chemicals." SEPARABILITY SEC. 32. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 75-623 74 pt. 3 6 December 29, 1970 - 31 Pub. Law 91-596 84 STAT. 1620 APPROPRIATIONS SEC. 33. There are authorized to be appropriated to carry out this Act for each fiscal year such sums as the Congress shall deem necessary. EFFECTIVE DATE SEC. 34. This Act shall take effect one hundred and twenty days after the date of its enactment. Approved December 29, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1291 accompanying H. R. 16785 (Comm. on SENATE REPORT No. 91-1282 (Comm. on Labor and Public Welfare). Oct. 13, Nov. 16, 17, considered and passed Senate. Nov. 23, 24, considered and passed House, amended, in lieu Dec. 16, Senate agreed to conference report. EXECUTIVE ORDER 11612-OCCUPATIONAL SOURCE: Executive Order 11612 appears at 36 F.R. 13891, The Occupational Safety and Health Act of 1970, 84 Stat. 1590, authorizes the development and enforcement of standards to assure safe and healthful working conditions for employees in the private sector. Section 19 of that Act makes each Federal agency head responsible for establishing and maintaining an effective and comprehensive occupational safety and health program which is consistent with the standards promulgated by the Secretary of Labor for businesses affecting interstate commerce. Section 7902 of Title 5, United States Code, authorizes the President to establish by Executive Order a safety council composed of representatives of Federal agencies and of labor organizations representing employees to serve as an advisory body to the Secretary of Labor in carrying out a Federal safety program. As the Nation's largest employer, the Federal Government has a special obligation to set an example for safe and healthful employment. It is appropriate that the Federal Government strengthen its efforts to assure safe and healthful working conditions for its own employees. NOW, THEREFORE, by virtue of the authority vested in me by section 7902 of Title 5 of the United States Code, and as President of the United States, it is hereby ordered as follows: ESTABLISHMENT OF OCCUPATIONAL SAFETY AND HEALTH PROGRAMS IN FEDERAL DEPARTMENTS AND AGENCIES SECTION 1. The head of each Federal department and agency shall establish an occupational safety and health program (hereinafter referred to as a safety program) in compliance with the requirements of section 7902 of Title 5 of the United States Code and section 19 (a) of the Occupational Safety and Health Act of 1970 (which Act shall hereinafter be referred to as the Safety Act). The programs shall be consistent with the standards prescribed by section 6 of the Safety Act. In providing safety programs for Federal employees, the head of each Federal department and agency shall— (1) Designate or appoint a qualified official who shall be responsible for the management of the safety program within his agency. (2) Establish (A) a safety policy; (B) an organization and a set of procedures, providing for appropriate consultation with employees, that will permit that policy to be implemented effec |