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Hansen, Iowa

Powell

Baring

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Bolling

Roberts

Robison

Hébert

Roncalio

Henderson

Roosevelt

Hosmer

Rumsfeld

Howard

Ryan

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Quie

Bow

Harvey, Mich.

Race

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Broyhill, Va.

Cahill

Cameron
Chelf
Clancy

Clawson, Del

Collier

Long, La.
MacGregor

Martin, Mass.
Mathias
Matthews
Miller
Minshall

Morgan

Morse

Karth

Kee

King, N.Y.

Kornegay

Shipley

Slack

Smith, Iowa

Landrum

Smith, N.Y. Stafford

Stephens

Sweeney

Mr. Chairman, with the constantly increasing urbanization of our country, the problems of transportation between and within cities have increased many times and will continue to do so. Research

to find the best and most economical methods of meeting these challenges will be expensive and the time element is urgent. Therefore, I strongly support the passage of this measure as one essential to the welfare of the majority of our citizens. There is no indication that private enterprise is prepared to undertake the expensive research which is needed; and this legislation is the only apparent solution.

The CHAIRMAN. The question is on the committee amendment.

to.

The committee amendment was agreed

Bolton
Brademas
Brock
Brooks,
Broomfield
Brown, Calif.
Broyhill, N.C.
Buchanan
Burke
Burleson

Burton, Calif.
Burton, Utah
Byrne, Pa.
Byrnes, Wis.
Callan
Callaway
Carey
Carter

Celler

Chamberlain

Clark
Clausen,

Don H.
Cleveland

Clevenger

The CHAIRMAN. Under the rule, the Cohelan Committee rises.

Accordingly, the Committee rose; and the Speaker having resumed the chair, Mr. ST GERMAIN, Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consideration the bill (H.R. 5863) to authorize the Secretary of Commerce to undertake research and development in high-speed ground transportation, and for other purposes, pursuant to House Resolution 549, he reported the bill back to the House with an amendment adopted in the Committee of the Whole.

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The bill was ordered to be engrossed and read a third time, and was read the third time.

The SPEAKER. The question is on passage of the bill.

The question was taken.

Mr. HALL. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

The SPEAKER. Evidently a quorum is not present.

The Doorkeeper will close the doors, the Sergeant at Arms will notify absent Members, and the Clerk will call the roll. The question was taken; and there were yeas 317, nays 24, not voting 91, as follows:

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Dorn

Dow

Downing Dulski

Duncan, Oreg. Edmondson Edwards, Calif. Ellsworth Evans, Colo.

Erlenborn

Everett

Fallon

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Joelson

Johnson, Calif.
Johnson, Pa.
Jonas
Jones, Ala.
Jones, Mo.
Karsten
Kastenmeier
Keith
Kelly

Rhodes, Pa.

Rivers, S.C.

Rooney, N.Y.
Rooney, Pa.
Rosenthal
Rostenkowski
Roush
Roybal
Satterfield

St Germain
St. Onge

Scheuer

Schmidhauser

Schneebeli

Keogh

Schweiker

King, Calif. King, Utah

Scott

Secrest

Kirwan

Senner

Kluczynski

Shriver

Krebs Kunkel

Sickles

Sikes

Laird Langen

Sisk

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Multer

Wyatt

Murphy, Ill.

Wydler

Murphy, N.Y.

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Natcher Nedzi Nelsen

Giaimo

Nix

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The Clerk announced the following pairs:

Mr. Hébert with Mr. Halleck.

Mr. Long of Louisiana with Mr. Ashbrook. Mr. Willis with Mr. Broyhill of Virginia. Mr. Toll with Mr. Ryan.

Mr. Thompson of New Jersey with Mr. Cahill.

Mr. Bonner with Mr. Martin of Massachusetts.

Mr. Ashley with Mr. Mosher.

Mr. Roncalio with Mr. Collier.

Mr. Hays with Mr. Bow.

Mr. Garmatz with Mr. Frelinghuysen.

Mr. Addabbo with Mr. Hosmer.

Mr. Shipley with Mr. Widnall.
Mr. Pucinski with Mr. Stafford.
Mr. Sweeney with Mr. Clancy.
Mr. Roosevelt with Mr. Morse.
Mr. Schisler with Mr. Saylor.

Mr. Howard with Mr. Fino.

Mr. Henderson with Mr. Minshall.

Mr. Anderson of Tennessee with Mr. Devine.

Mr. Johnson of Oklahoma with Mr. Watkins.

Mr. Abernethy with Mr. Utt.

Mr. Miller with Mrs. Reid of Illinois.

Mr. Hungate with Mr. Mathias.

Mr. Matthews with Mr. Robison.

Mr. Kee with Mr. Tupper.

Mr. O'Neal of Georgia with Del Clawson.

Mr. Whitten with Mr. Halpern.
Mr. Thomas with Mrs. Dwyer.
Mr. Slack with Mr. MacGregor.

Mr. Corman with Mr. Rumsfeld.

Mr. Chelf with Mr. Smith of New York.

Mr. Cameron with Mr. Reinecke.
Mr. Evins with Mr. King of New York.
Mr. Fulton of Tennessee with Mr. Conable.
Mr. Kornegay with Mr. Lindsay.

Mr. Charles H. Wilson with Mr. Gray.
Mr. Lennon with Mr. Baring.

Mr. Dowdy with Mr. Ullman.

Mr. Redlin with Mr. Diggs.

Mr. Stephens with Mr. Smith of Iowa.
Mr. Morgan with Mr. Murray.

Mr. George W. Andrews with Mr. Grider.
Mr. Roberts with Mr. Greigg.

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available to other Federal agencies and to the of this Act shall not affect the disbursement public insofar as practicable.

SEC. 4. In carrying out the purposes of section 2 of this Act, the Secretary shall provide fair and equitable arrangements, as determined by the Secretary of Labor, to protect the interests of railroad employees involved in operations which are the subject

A motion to reconsider was laid on the of such demonstrations. Such protective ar

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COMMERCE DEPARTMENT TRANS

PORTATION RESEARCH

Mr. HARRIS. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 1588) to authorize the Secretary of Commerce to undertake research, development, and demonstrations in high-speed ground transportation, and for other purposes, strike out all after the enacting clause and insert in lieu thereof the provisions of H.R. 5863, to authorize the Secretary of Commerce to undertake research and development in high-speed ground transportation, and for other purposes, as passed.

The Clerk read the title of the Senate bill.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Arkansas?

There was no objection.
The Clerk read as follows:

S. 1588

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, consistent with the objective of promoting a safe, adequate, economical, and efficient transportation system, the Secretary of Commerce is authorized to undertake research and development in high-speed ground transportation, including, but not limited to components such as materials, aerodynamics, vehicle propulsion, vehicle control, communications, and guideways.

SEC. 2. The Secretary is authorized to contract for demonstrations in high-speed ground transportation for the purpose of contributing to the development of more efficient and economical intercity transportation systems. Such demonstrations shall be. designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. Contracts for demonstrations under this section shall make provisions for financial participation of private industry to the maximum extent practicable as determined by the Secretary.

SEC. 3. The Secretary is authorized to collect and collate transportation data, statistics, and other information which he determines will contribute to the improvement of the national transportation system. In carrying out this activity the Secretary shall utilize the statistics and data available from Federal agencies and other sources to the greatest practicable extent. The information collected under this section shall be made

rangements shall include, without being limited to, such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) to such employees under existing collective-bargaining agreements, or otherwise; (2) the continuation of collective-bargaining rights; (3) the protection of such individual employees

against a worsening of their tions with respect ment as the result of such demonstra

to their employ

tions; (4) assurances of priority of reemployment of employees terminated or laid off; and (5) paid training or retraining programs. Such arrangements shall include provisions protecting these individual employees against a worsening of their positions with respect to their employment as the result of such demonstrations which shall in no event provide benefits less than those established pursuant to section 5(2) (f) of the Act of February 4, 1887 (24 Stat. 379), as amended. Such contracts entered into pursuant to the provisions of section 2 of this Act shall specify the terms and conditions of the protective arrangements.

SEC. 5. In exercising the authority granted in sections 1 and 2 of this Act, the Secretary may lease, purchase, develop, test, and evaluate new facilities, equipment, techniques, and methods and conduct such other activities as may be necessary.

SEC. 6. In exercising the authority granted under this Act, the Secretary is authorized to enter into agreements and to contract with public or private agencies, institutions, organizations, corporations, and individuals, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5).

The Secretary is further authorized to appoint, subject to the civil service laws and regulations, such personnel as may be necessary to enable him to carry out efficiently his functions and responsibilities under this Act. The Secretary is further authorized

to procure services as authorized by section 15 of the Act of August 3, 1946 (5 U.S.C. 55a), but at rates for individuals not to exceed $100 per diem, unless otherwise specified in an appropriations Act.

SEC. 7. In exercising the authority granted under this Act, the Secretary shall consult and cooperate, as he deems appropriate, with the Administrator of the Housing and Home Finance Agency and other departments and agencies, Federal, State, and local. The Secretary shall further consult and cooperate, as he deems appropriate, with institutions and private industry.

SEC. 8. The Secretary shall report to the Congress and the President the results of his evaluation of the research and development program and the demonstration program authorized by this Act, and shall make recommendations with respect to such future action as may be appropriate in the light of these results and the objective of promoting a safe, adequate, economical, and efficient transportation system.

SEC. 9. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purpose of this Act, not to exceed $20,000,000 for the fiscal year ending June 30, 1966; $35,000,000 for the fiscal year ending June 30, 1967; and $35,000,000 for the fiscal year ending June 30, 1968. Such appropriation, when so specified in an appropriation Act, shall remain available until expended.

SEC. 10. This Act shall expire on June 30, 1969, except for section 3. The termination

of funds under, or the carrying out of, any contract, commitment, or other obligation entered into pursuant to this Act prior to the date of such termination.

The SPEAKER pro tempore. The Clerk will report the amendment. The Clerk read as follows:

Amendment offered by Mr. HARRIS: Strike S. 1588 and insert the provisions of H.R. out all after the enacting clause of the bill 5863 as passed.

The amendment was agreed to.

The Senate bill was ordered to be read passed, and a motion to reconsider was a third time, was read the third time and laid on the table.

A similar House bill (H.R. 5863) was laid on the table.

Mr. HARRIS. Mr. Speaker, I ask unanimous consent that the title of the Senate bill be amended to conform with the title of the House bill.

The SPEAKER pro tempore. Without objection, it is so ordered.

FEDERAL METAL AND NONMETALLIC MINE SAFETY ACT

Mr. YOUNG. Mr. Speaker, on behalf of the distinguished gentleman from Florida [Mr. PEPPER], and by direction of the Committee on Rules, I call up House Resolution 525 and ask for its immediate consideration.

The Clerk read as follows:

H. RES. 525

Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 8989) to promote health and safety in metal and nonmetallic mineral industries, and for other purposes. After general debate, which shall be confined to the bill and shall continue not to exceed two hours, to be equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor, the bill shall be read for amendment under the five-minute rule. At the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit.

Mr. MCMILLAN. Mr. Speaker, will the gentleman yield for a unanimousconsent request?

Mr. YOUNG. I yield to the gentleman from South Carolina.

Mr. MCMILLAN. Mr. Speaker, I ask unanimous consent that the House Committee on the District of Columbia have permission to sit during general debate this afternoon.

The SPEAKER pro tempore. Is there objection to the request of the gentle

man from South Carolina?

Mr. SICKLES. Mr. Speaker, reserving the right to object, I wonder if the gentleman would defer his request for about 10 minutes so that I may have an opportunity to discuss the matter with him? Mr. MCMILLAN. gardless.

We are meeting re

Mr. SICKLES. Then, Mr. Speaker, I object.

The SPEAKER pro tempore. Objection is heard.

Mr. YOUNG. Mr. Speaker, I yield 30 minutes to the distinguished gentleman from California [Mr. SMITH], and pending that I yield myself such time as I may consume.

Mr. Speaker, House Resolution 525 provides an open rule with 2 hours of general debate on H.R. 8989, a bill to promote health and safety in metal and nonmetallic mineral industries, and for other purposes.

Mining is universally recognized as an exceptionally hazardous undertaking. Accordingly, the Congress has demonstrated a continuing concern with the mining industry. In 1910, it established the Bureau of Mines within the Department of the Interior. One of the Bureau's principal responsibilities has been the promotion of improved health and safety conditions. The Bureau has worked to develop safer mining techniques and equipment, collected and analyzed accident reports, studied the dangers of excessive concentrations of dust and radiation in mines, provided an extensive program of safety education and training to mine supervisors and workers, and taken other appropriate steps to reduce the hazards of mining.

While the Congress has taken action to provide Federal enforcement of certain health and safety standards in coal and lignite mines, it has not enacted legislation extending such Federal protection to workers in other types of mines. Yet the hazards faced by workers in these mines are quite comparable to those encountered by coal miners-the chief exceptions being the lower incidence of danger, in noncoal mines, from methane gas explosions and the absence of danger from coal dust explosions.

The purpose of H.R. 8989 is to reduce the high accident rate and improve health and safety conditions in mining and milling operations carried on in the metal and nonmetallic mineral industries. It establishes a Federal-State program of systematic inspection of such operations which affect commerce and requires the development promulgation, and enforcement of health and safety standards.

Responsibility for carrying out the purpose of the Federal Metal and Nonmetallic Mine Safety Act is vested in the Secretary of the Interior. The Secretary is directed, however, to delegate responsibility for development and enforcement of health and safety standards, within its own borders, to each State which submits a mine safety program satisfying criteria set forth in the

bill.

The bill includes within its coverage all metal and nonmetallic mining other than coal and lignite mining. Coverage, however, does not embrace petroleum or any mineral extracted in liquid form from the earth, unless extracted by methods requiring the employment of workers underground.

Mr. Speaker, I urge the adoption of House Resolution 525.

Mr. SMITH of California. Mr. Speaker, I yield myself such time as I may

consume.

Mr. Speaker, as stated by the distinguished gentleman from Texas [Mr. YOUNG], House Resolution 525 will provide for an open rule with 2 hours of general debate for the consideration of H.R. 8989, the Federal Metal and Nonmetallic Mine Safety Act.

Mr. Speaker, I concur in the statements made by the gentleman from Texas in explanation of the rule and the bill.

May I add, Mr. Speaker, that the distinguished gentleman from Colorado [Mr. ASPINALL] appeared before the [Mr. ASPINALL] appeared before the Committee on Rules and had several reservations about this bill. I thought his ervations about this bill. I thought his testimony was excellent. It is my understanding that some of the gentlederstanding that some of the gentleman's reservations have been cleared up man's reservations have been cleared up since that time.

But in any event, Mr. Speaker, I wanted to call this to the attention of wanted to call this to the attention of the House so the Members will have the privilege of listening to the gentleman when he expresses his opinion relative to this bill.

Mr. Speaker, I know of no objection to the rule and I urge the adoption of the rule.

Mr. YOUNG. Mr. Speaker, I move the previous question.

The previous question was ordered. The SPEAKER pro tempore (Mr. ALBERT). The question is on the resolution.

The resolution was agreed to.

Act of 1949 to provide for the economic and efficient purchase, lease, maintenance, operation, and utilization of automatic data processing equipment by Federal departments and agencies.

H.R. 4845 would provide a continuous flow of recurring data needed for effective and efficient management. Presently the Bureau of the Budget issues only an annual inventory report wholly inadequate for automatic data processing management purposes. Inventory and fiscal information is needed to maintain policy and budgetary control, increase utilization, and provide more economical acquisition of equipment. Under this legislation, GSA would establish such a comprehensive inventory. This inventory coupled with the fiscal information flowing from the operations of the revolving fund would afford all levels of government with more adequate information necessary for effective and efficient management. The availability of information on prospective Government requirements should also provide for fairer competition among all automatic data processing manufacturers.

There is widespread waste in available but unused Government automatic data processing equipment time. On June 16, 1964, the Bureau of the Budget set up an automatic data processing sharing program under GSA. This legislation would, however, substantially improve the effectiveness and efficiency of GSA's

A motion to reconsider was laid on the interagency coordinating efforts. GSA table.

AUTOMATIC DATA PROCESSING
EQUIPMENT

Mr. YOUNG. Mr. Speaker, by direction of the Committee on Rules I call up House Resolution 550 and ask for its immediate consideration.

The Clerk read as follows:

H. RES. 550

Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee

of the Whole House on the State of the Union for the consideration of the bill (H.R. 4845) to provide for the economic and efficient purchase, lease, maintenance, operation, and utilization of automatic data processing equipment by Federal departments and agencies. After general debate, which tinue not to exceed one hour, to be equally divided and controlled by the chairman and ranking minority member of the Committee ranking minority member of the Committee on Government Operations, the bill shall be read for amendment under the five-minute rule. At the conclusion of the consideration of the bill for amendment, the Committee

shall be confined to the bill and shall con

shall rise and report the bill to the House with such amendments as may have been adopted, and the previous question shall be considered as ordered on the bill and amend

ments thereto to final passage without intervening motion except one motion to recom

mit.

Mr. YOUNG. Mr. Speaker, I yield 30 minutes to the gentleman from Nebraska [Mr. MARTIN] and pending that I yield [Mr. MARTIN] and pending that I yield myself such time as I may consume.

Mr. Speaker, House Resolution 550 provides an open rule with 1 hour of general debate for consideration of H.R. 4845, a bill to amend title I of the Federal Property and Administrative Services

would also be authorized to establish multiagency service centers to furnish automatic data processing capacity to several users.

H.R. 4845 would strengthen the Government's bargaining position in acquiring automatic data processing. The Government now obtains no special advantages as a volume purchaser. Under the GSA supply schedules, price determinations and procurement are divorced. To obtain volume discounts, the Government must have volume procurement rather than a piecemeal agency-byagency procurement.

The traditionally accepted solution to this type of problem has been the "single purchaser" concept. The Government would be in a stronger bargaining position were all its automatic data processing purchase and lease money in "one pocket." Whenever feasible, general purpose components, including those used in specially designed automatic data processing systems, would be acquired under a volume procurement program. Government software acquisition could also be subjected to more orderly procurement procedures.

The revolving fund would be used to consolidate volume acquisitions. GSA would acquire the automatic data processing systems selected by the management of the agencies and, in effect, the agencies would then lease equipment from the GSA revolving fund reimbursing the fund periodically at rates reflecting the use value of the equipment. GSA could obtain direct appropriations covering overhead expenses incident to operating the revolving fund.

H.R. 4845 delineates the responsibilities of the Bureau of the Budget, GSA,

and the Department of Commerce and provides a stronger organization plan for Government automatic data processing management. The bill maintains the Budget Bureau's traditional control over fiscal and policy matters.

Mr. Speaker, I know of no objection to the rule and urge its adoption. Mr. YOUNG. Mr. Speaker, I move the previous question.

The previous question was ordered.
The SPEAKER pro tempore (Mr.

Mr. Speaker, I urge the adoption of ALBERT). The question is on the resoluHouse Resolution 550. tion.

Mr. MARTIN of Nebraska. Mr. Speaker, I yield myself such time as I

may consume.

The resolution was agreed to.

It establishes a Federal-State program of systematic inspection of operations affecting commerce and requires the development, promulgation, and enforcement of health and safety standards. ards. The bill would provide for the Secretary of the Interior to inspect and investigate all mines, other than coal or lignite; a mine being an area of land

A motion to reconsider was laid on from which minerals are extracted in the table.

Mr. Speaker, as the able gentleman from Texas has explained House Resolu- FEDERAL METAL AND NONMETAL

tion 550 makes in order the consideration of H.R. 4845 under an open rule with 1 hour of debate. I know of no opposition to the rule.

Mr. Speaker, automatic data processing has become a major expense item in all large businesses today; the Federal Government is no exception. Last year automatic data processing costs totaled over $3 billion, or 3 percent of the budget. These costs will continue to grow in the normal course of events. Because of this, it is necessary that the Government take steps to insure that it is getting as much for its dollar as possible.

LIC MINE SAFETY ACT Mr. POWELL. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 8989) to promote health and safety in metal and nonmetallic mineral industries, and for other purposes.

The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New York. The motion was agreed to.

IN THE COMMITTEE OF THE WHOLE

To insure this result, the Bureau of Accordingly, the House resolved itself the Budget began a major study in 1958, which stressed the need for government- into the Committee of the Whole House wide coordination and accurate informa- on the State of the Union for the considtion for all levels of management. Aeration of the bill H.R. 8989, with Mr. subsequent study this year made these MONAGAN in the chair. same points. Since 1959 the General Accounting Office has issued about 100 reports revealing serious shortcomings in the acquisition and use of automatic data processing equipment.

H.R. 4845 seeks to remove some of these shortcomings. It delineates the responsibilities of the Bureau of the Budget, GSA, and the Department of Commerce, and provides for a stronger organization plan for use of automatic data processing. The Bureau of the Budget retains its control over fiscal and policy matters. GSA retains its traditional sphere over operational responsibilities. Additionally GSA will administer an automatic data processing revolving fund which will provide more adequate information for management decisions, optimum utilization of equipment, and economic acquisition of equipment.

The bill will consolidate Government procurement and so strengthen its hand in negotiations with manufacturers. The GSA, using the revolving fund, will procure the equipment needed by various agencies and, in effect, lease the equipment to the agencies, who will reimburse the revolving fund. It is expected that these new procedures will make for fuller and more economic use of automatic data processing equipment.

There are additional views, signed by eight members, which concur in the obvious need for the bill as reflected in the numerous GSA reports. The opposition is to the special exemption treatment afforded by amendments which exempt from the bill the contractors in the aerospace programs. The members urge a study now of this situation and the inclusion of the contractors under this legislation if the hearings indicate the need. They support the bill as presented to the House today.

The Clerk read the title of the bill. By unanimous consent, the first reading of the bill was dispensed with. Mr. POWELL. Mr. Chairman, I yield myself such time as I may desire.

Mr. Chairman, before making any further remarks I would like to say that the area of jurisdiction over this particular matter is a little bit clouded. Many of the items in here belong to the Committee on Interior and Insular Affairs. I had the privilege of serving as subcommittee chairman of the Committee on Mines, even though the only mines we had were subways.

I would like to say that the distinguished chairman of that committee, the gentleman from Colorado, was one of the major persons affecting my life by appointing me to be chairman of that committee.

I would like to thank the gentleman from Colorado publicly for this as I have thanked him privately.

I would like to say that the gentleman from Colorado, the chairman of the Committee on Interior and Insular Affairs, and the gentleman from Oklahoma [Mr. EDMONDSON], have presented to the committee certain very valuable amendments. We are accepting those amend ments. The distinguished author of the bill, the gentleman from Michigan [Mr. O'HARA, of our committee, will present these amendments for Mr. ASPINALL and Mr. EDMONDSON. But I just want the RECORD to show that these amendments originated from their committee and we think they will help the bill tremendously.

Mr. Chairman, the purpose of H.R. 8989 is to reduce the high accident rate and improve health and safety conditions in mining and milling operations in the metal and nonmetallic mineral industries.

nonliquid form, or if in liquid form, extracted with workers underground. This definition also includes private roads appurtenant to such an area, excavations, underground passageways, and structures and equipment used in extracting minerals or in milling them.

The bill authorizes the Secretary to make inspections and investigations as he may consider necessary to obtain information on health and safety, to determine the extent of compliance with the health and safety standards under the act, and to evaluate the manner in which an approved State plan is being carried out. In addition, the Secretary is required to inspect annually or at more frequent intervals each underground mine subject to this proposed act, except in mines located in States with approved

State plans.

Mine operators will be required to sub

mit annual reports concerning accidents,

injuries, occupational disease, and related information.

Other provisions include enforcement of the mandatory standards, appeal by the mine operators, definition of the criminal penalties, and direction for a program of health and safety education.

The need for the bill has been amply demonstrated before the committee. Interest in legislation to reduce the accident rate in mines was demonstrated by the committee in 1956 when a specially appointed subcommittee held hearings on bills proposed to extend Federal inspection to metallic and nonmetallic mines.

In 1961 the Select Subcommittee on Labor held similar hearings; these hearings resulting in Public Law 87-300 which directed the Secretary of the Interior to conduct a study on health and safety hazards and report his findings to Congress. A study conducted by the Mine Safety Board showed a widespread existence of correctible hazards in metallic and nonmetallic mines.

As I did in the coal mine safety legislation recently passed by the House, I strongly urge the passage of this important piece of legislation which will improve the conditions under which these miners work, and demonstrate to them the high value that the Members of Congress place on their lives.

There was no opposition expressed by any committee member to this legislation.

Mr. Chairman, I yield such time as he may desire to the gentleman from Michigan [Mr. O'HARA], the author of this legislation and a member of the Select Subcommittee on Labor which developed H.R. 8989, and who has proven through the years to be a valuable strong right arm to the chairman, Mr. O'HARA.

Mr. O'HARA of Michigan. Mr. Chairman, I ask unanimous consent that the gentleman from Pennsylvania [Mr. HOL

LAND] may extend his remarks at this point in the RECORD.

The CHAIRMAN. Is there objection to the request of the gentleman from Michigan?

There was no objection.

Mr. HOLLAND. Mr. Chairman, it is a source of great satisfaction to me to see H.R. 8989, the Federal Metal and Nonmetallic Mine Safety Act, come before this House today. Almost 25 years have gone by since the Congress first enacted legislation to protect the men who work in the Nation's coal mines. Now, after this lapse of almost a quarter of a century, we are finally acting to extend protection to the rest of our mineworkersto the men who labor in our copper, iron, uranium, and other mines, under conditions that we all know to be exceptionally hazardous.

During the years of struggle to bring this protection to miners outside the coal industry, members serving on the Committee on Education and Labor have attended many days of hearings and studied volumes of reports and statements on the question of the need for Federal mine safety legislation. This question has been given exhaustive analysis, and the legislation before us today is the product of the most careful consideration. In 1956, in 1961, and again this year, representatives of the workers in these mines have come before the committee, asking that the Congress act, and act effectively, to cut down the intolerably high rate of deaths and injuries incurred by miners. Their testimony on the hazards of the miner's occupation is spread across page after page of the hearings record that has been built up over these years, and any Member who turns to this record will find detailed there a saddening account of the suffering experienced by mineworkers, and by their wives and children, from accidents and from crippling occupational diseases that could have and should have been prevented. If every mine operator had, over these years, been as concerned with the health and safety of his workers as are our most conscientious operators-and if every State had put into its mine safety program the resources that are required for an adequate program-then many men would have been saved from early and violent deaths, and many others from injuries and diseases that have left them incapable of supporting themselves and their families.

Let us not forget the host of workers in our mines who have paid a terrible price for our failure to act firmly, years ago, to give them the coverage of a comprehensive code of health and safety standards, backed up by effective enforcement machinery. We are here today, at long last, to remedy that failure.

It is true that spokesmen for mine operators have told us that Federal legislation in the field of mine safety is superfluous. Indeed, they have never deviated from this line. The vast majority of deaths and injuries suffered by miners, they have argued, are-and presumably always will be the result of the workers' own carelessness. Let the worker be more alert and cautious, as he loads ore

or drills into a rock face in a tunnel hundreds of feet below the earth's surface this is their prescription. Safety laws and periodic mine inspections, they imply, can accomplish little or nothing, since safety rests ultimately upon the responsibility of the individual worker to avoid stupid or reckless behavior that can injure himself or his fellow workers. can injure himself or his fellow workers.

This implied attitude toward safety legislation has more than a slight similarity to the attitude of those who tell us that it is futile to enact legislation us that it is futile to enact legislation to combat the evils of poverty-since it to combat the evils of poverty-since it is destined that the poor shall always be with us.

But I am confident, Mr. Chairman, that the great majority of Members of that the great majority of Members of this House do believe in the principles this House do believe in the principles of safety legislation. of safety legislation. They do believe that well-designed health and safety codes, with regular inspections of work places by competent inspectors clothed with authority to enforce these codes, can make more than an insignificant can make more than an insignificant contribution toward saving workers workers from death, injury, and disease.

The only questions that then remain are whether we have today, throughout this Nation, adequate health and safety this Nation, adequate health and safety codes for the metal and nonmetallic mining industry and whether we have mining industry and whether we have a level of inspection and enforcement a level of inspection and enforcement activity sufficient to assure general observance of these codes. The answer to servance of these codes. The answer to both questions, regrettably, is that we do not. The report of the Mine Safety Study Board, appointed by Secretary Udall at the direction of the Congress, Udall at the direction of the Congress, is a detailed revelation of the inadeis a detailed revelation of the inadequacies of the present patchwork of State mine safety laws, and of the unwillingness or inability of so many individual States to come forward with the vidual States to come forward with the resources necessary to carry out an inspection and enforcement program worthy of the name. In the hearings In the hearings before my subcommittee this May, no real defense or rebuttal was offered to the indictment contained in the Board's report. Witnesses before the subcommittee had every opportunity to challenge, in detail, the evidence contained in that report concerning the present in that report concerning the present deficiencies of State mine health and safety programs-but they made no such challenge, for the obvious reason that the evidence was too overwhelming.

Nevertheless, the bill before the House is one in which we have gone to great lengths to accommodate the expressed wishes of mine operators and representatives of the mine safety agencies of the individual States. The mine operators have told us that they strongly support safety inspection and enforcement programs, so long as they are carried out by the States, rather than by a Federal agency. And we have responded with a bill that calls upon each State to maintain its own program-a bill that will bring not one single mine operator within the direct enforcement power of Fedthe direct enforcement power of Federal authority, provided only that the individual States conscientiously remedy the weaknesses contained in their present mine safety laws and enforcement machinery.

In this respect, Mr. Chairman, I consider it only fair to say that the mine

operators themselves will be in an excellent position to influence the future course of the mine health and safety activity that will be set in motion by this bill. They can exercise their persuasive powers with the legislature of each individual State, and insist that the legislature appropriate the funds that are required to carry on a satisfactory inspection and enforcement program. If the State legislatures respond to their appeals then the mine operators will be subject as they have said they prefer to be-only to State enforcement authority.

In closing, I wish to pay a brief tribute to the hard work, year after year, that has been put in by the representatives of workers in the mining industry, to keep the plight of these workers continuously before the Congress until effective Federal legislation could be enacted. This year, an historic year in which Congress has before it the question of repeal of the notorious section 14(b) of the TaftHartley Act, we are hearing from those who tell us that the individual worker has no need of organized representation and that the union member receives little or nothing in return for his dues. But, as we consider this bill today, I know that the workers in our mines recognize how much it has meant to them to be represented by unions who have untiringly argued their case for health and safety legislation to the Congress. The American miner learned long ago that he could not afford to stand alone, unorganized, waiting humbly for whatever modest improvements in his condition he might perhaps be granted, some time in the hazy future, by powerful economic interests which had everything to gain by maintaining the status quo. And I will say, in all candor, that if the miners had not learned this lesson of organization, but instead had remained in the fragmented and unrepresented state which we still find among the workers of so many American industries, then there is a great doubt in my mind that even today the Congress would have reached a position of being able to enact the constructive, humanitarian, long-needed bill we have before us.

As I look back over the long, sometimes discouraging, uphill effort to achieve Federal mine safety legislation, I think of my late friend and associate, Phil Murray, the first president of the United Steelworkers of America and the second president of the Congress of Industrial Organizations. More than 15 years ago, in the period just after the close of World War II, Phil Murray was deeply interested in this legislation and worked energetically to persuade the Congress of the need for Federal protection of the health and safety of the workers in all our mines-not just in coal mines alone. It did not prove to be possible, at that period, to develop this protection. But I know that Phil Murray would be happy to see this House today, as it considers the Federal Metal and Nonmetallic Mine Safety Act.

Mr. O'HARA of Michigan. Mr. Chairman, I ask unanimous consent to extend my remarks at this point in the RECORD.

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