with the advice and consent of the Senate. The Commission shall annually designate its chairman, and shall have a seal which shall be judicially recognized. The first member shall be appointed for terms of two, three, four, and five years, respectively, the term of each to be designated by the President; but their successors shall be appointed for terms of five years, except that any person appointed to fill the vacancy shall be appointed only for the unexpired term of his predecessor in office. The Commission shall have an office in the city of Washington, District of Columbia, and shall convene at such times and places as the majority of the Commission shall determine. Three members shall have no financial interest in the mining, transportation, or sale of coal, oil, or gas; one member shall be a representative of the producers; and one member shall be a representative of the employees. The Commission shall, without regard to the provisions of the civil-service laws, appoint a secretary and necessary clerical and other assistants. The members shall each receive compensation at the rate of $12,000 per year and expenses. Such Commission shall have the power to make and promulgate all reasonable rules and regulations for carrying out the provisions of this Act, and shall annually make full report of its activities to the Secretary of the Interior for transmission to Congress. Upon all matters within its jurisdiction coming before it for determination, it shall have the power and duty of hearing evidence and finding facts upon which its orders and action may be predicated, and its findings of facts supported by any proper evidence shall be conclusive upon review thereof by any court of the United States.

TAX ON BITUMINOUS COAL

SEC. 3. There is hereby imposed upon the sale of all bituminous coal produced within the continental United States a tax of 25 per centum on the sale price of such coal at the mine, such tax to be paid the United States by the producers of such coal, and to be payable monthly for each calendar month, on or before the first business day of the second succeeding month, and under such regulations, and in such manner, as shall be prescribed by the Commissioner of Internal Revenue: Provided, That in the case of captive coal produced as aforesaid or coal coked or processed by the producers, and for which no sale price is ascertainable, the Commissioner of Internal Revenue shall fix a price therefor at the current market price for the same quality of coals in the locality where the same is produced: Provided further, That any such coal producer who has filed with the National Bituminous Coal Commission his acceptance of the Code provided for in section 4 of this Act, and who acts in full compliance with the provisions of such Code, shall be entitled to a drawback equivalent to 90 per centum of the amount of such tax, to be allowed and credited thereon in such manner as shall be prescribed by the Commissioner of Internal Revenue. Such right or benefit of drawback shall begin upon the producer's filing with the Commission his acceptance of said Code in such form of agreement as the Commission may prescribe.

BITUMINOUS COAL CODE

SEC. 4. The provisions of the antitrust laws of the United States shall not apply to any producer of bituminous coal who have accepted and obligated himself to comply, and who complies with the provisions of this section, or to any marketing agency or board created under or operating in compliance with this section. The provisions of this section shall be formulated by the Commission into a working agreement, to be known as the "Bituminous Coal Code", and herein referred to as the "Code." Producers accepting and operating under its provisions are herein referred to as Code Members." For the purpose of carrying out the declared policy of this Act, the Code shall contain the following conditions and obligations:

PART I. PRODUCTION.-(a) A national coal-producers' board and twenty-four district boards of coal producers shall be organized. The national board shall consist of representatives appointed for the term of two years by the various district boards, on the basis of one representative for each district for the first fifteen million tons or fractional part thereof and an additional representative for each additional fifteen million tons or major fraction thereof of annual output of coal in the district during the preceding calendar year, as shown by the records of the United States Bureau of Mines; and, in addition, five

1 by the national organization of employees representing the mber of employees in the industry. Each district board shall embers, five of whom shall be producers elected for a term of e coal producers of such district voting in the proportion of nage output for the preceding calendar year, and one of whom per selected by the national organization of employees, above eh district.

and district boards shall each have power to adopt bylaws cedure, subject to approval by the Commission, and to appoint eir own membership, to fix their terms and compensation, to rts, and to employ such committees, employees, arbitrators, and cessary to effectuate their purposes. The territorial boundaries h twenty-four districts are set forth in the schedule entitled annexed to this Act: Provided, That the territorial boundaries district or districts may be changed or districts may be divided after hearing, by the Commission.

onal board shall determine the standard maximum tonnage he various districts, in doing which equal consideration shall duction history of the district as shown by its average annual 8 and its current service as shown by its output for 1934. The hus determined shall be combined and the proportions thereof ive districts shall fix the maximum district tonnage and be _ng subsequent periodic district allotments. District allocations ade by the national board, if reasonably necessary, to cover t natural character or use, if suggested by any district board onal board shall from time to time as directed by the Come to each district a periodic maximum output marketable for er the district board is given an opportunity to submit its own tonnage which the owners in the district believe they will be of during the period contemplated and all such estimates shall he other district boards. Such periodic allotments to the various maintain the relative proportions fixed by the standard allocation. trict board be dissatisfied with the periodic allocation, it may er to the Commission which may increase such periodic maxiupon finding that the current market requirements for the of such district and/or the current market service of the coal h district warrant such increase in the public interest. trict boards shall determine the proportions of the standard age for each mine within the respective districts, to be based on anual output of the mine since the year 1929 in its relation d maximum allotted such districts: Provided, That in the first uotas to mines, if it appear that the mine or mines of any been closed during said years and its or their market service sferred to another mine or mines of such producer in such ota assignable to such closed mine or mines shall, on application r, be added to the quota or quotas of the mines of said producer operation. Separate mine quotas may thus be made by the , if reasonably necessary, to cover coals of distinct character, the national board.

trict board shall determine, for such periods as the Commission riodic quotas in proportion of the standard tonnage, which each nes in the district is allowed to produce: Provided, (1) That in 1 which a standard tonnage has been determined for any class arate quota may be fixed as respects that class; and (2) that respects coal or any class of coal shall be according to the prostandard tonnage of coal, or of the class of coal, as the case for the coal mines in the district.

producer is aggrieved by the decision of the board as to the allotted a mine, he may submit his grievance to the Commission ive notice to the district board and grant a hearing thereon. that the current market requirements for any coal or grades of at such mine and/or the current market service of the product reasonably warrants an increase in the quota therefor in the , the Commission may so order.

(g) Upon the failure or refusal of the national or district boards to make the allocation or to allot quotas as herein provided, such allocations or quota allotments shall be made by the Commission.

(h) No code member may transfer his quota or any part thereof from one mine to another except upon express approval by the Commission, after hearing, with due notice given the district board and representatives of the employees affected.

(i) Every second year after the passage of this Act new standard maximum allocations to districts and new standard quotas to mines shall be made in accordance with the provisions hereof, but upon the basis of the output during the preceding period of operation under the Act. In its first annual report to the Secretary of the Interior for transmission to Congress, the Commission shall report fully upon the system of allocation herein set up with such recommendations concerning the same as may be deemed proper.

(j) Any Code member desiring to open a new or abandoned mine, for which no quota has previously been allotted and any person, firm, or corporation desiring to become a member of the Code and to open a mine, and to receive a quota for such new operation, shall file with the Commission his application therefor. The request for a quota assignment to such new operation shall be referred to the national and district boards which shall within thirty days report to the Commission all the facts thereon, and the Commission shall hear the parties in interest, and, if it finds that increased demand for such coal or a market shortage therein requires such quota assignment in the public interest, it may so order.

(k) The expense of administering the Code by the national and district boards shall be borne by those subject to such boards, each paying his proportionate share, as assessed, computed on a tonnage basis, in accordance with regulations proscribed by such boards with the approval of the Commission.

PART II. MARKETING. The national, district board, and code members shall accept the jurisdiction of the Commission to approve or to fix minimum and maximum prices as follows:

(a) The Commission shall ascertain the cost of production free on board the mines, including the cost of labor, supplies, power, workmen's compensation, taxes, insurance, administration, and all other direct expenses of production, but not including depreciation or depletion, in each of the producing districts as defined herein. The average cost free on board the mines thus ascertained for the period for each district taken to the next highest even cent per ton, shall be announced by the Commission not later than March 1 of each year as the fair minimum market price in each such district during the ensuing twelve months beginning April 1. The determination of cost for each year beginning April 1 shall be based on the actual costs for the preceding calendar year, adjusted, if necessary, to compensate for any changes in wage rates, hours, or other basic cost factors.

(b) With the adoption of the Code the several district boards shall respectively submit for the approval of the Commission a list of maximum prices free on board the mine for coal and grades of coal produced within the district. Upon failure of a district board on demand of the Commission to submit such lists and the information upon which the prices predicated, or upon the refusal of the district board to modify any such maximum price or prices, the Commission is authorized to fix the same at not less above the minimum prices as will provide a fair return upon the investment and with the view of permitting competition within the bracket of minimum and maximum prices. Twenty days' notice in writing shall be given to any Code member to be affected by the order of the Commission, and at such hearing anyone in interest may be heard. Upon approval of prices submitted or order fixing the same, notice thereof shall be mailed to each Code member in the district and no coal shall be sold free on board the mine by any Code member within the district at less than the minimum or more than the maximum price so found: Provided, That such price bracket shall be for periods of six months ending the last day of March and September of each year: And provided further, That a Code member may sell coal for less than the minimum prices for the use of persons employed in and about the mines.

(c) The Commission may require reports from producers and may use such other sources of information available as it deems advisable: Provided, That no information obtained from a producer disclosing costs of production or sales realization shall be made public without the consent of the producer

same is obtained except where such disclosure is warranted with the producer over any order of the Commission. provisions of this Act shall not be evaded or violated by or of docks or other storage facilities, or by or through the use affiliated sales companies or other intermediaries; and the ereby authorized, after investigations and hearing upon notice parties, to issue rules and regulations concerning such pracis section effective.

and contracts for the sale of coal shall be subject to the & Act and the Code prices herein provided for; and the Comovide rules and regulations to prevent evasions and violations ns: Provided, That nothing herein contained shall impair the of any bona fide contract executed before the passage of this e selling price of any coal or grades of coal to be delivered is nimum price to be established as hereinabove provided. nbers may establish cooperative marketing agencies for the coals provided that such agencies comply with the provisions

to promote the service of consuming markets by competitive nmission may adopt rules not in conflict with this Act whereby and/or marketing agencies may provide for fair competitive ices in such markets. All such agreements shall be submitted ved by the Commission and upon such approval shall be binde members within the districts or marketing agencies so agreeThat if any district board or marketing agency or code member by such agreement as to fair market prices and practices, or reach any agreement with respect thereto, he or it shall have such grievance before the Commission which shall give twenty vriting to all parties in interest and proceed to hear such comuch hearing the Commission shall consider the grades, charand use values of the coals involved and the current demands market or markets under consideration, and may confirm, such price or prices upon the basis of establishing a fair and ionship in the delivery price of such coal or coals: Provided, very prices shall be made with due regard to the minimum mine prices established as hereinabove provided.

BOR RELATIONS.-To effectuate the purposes of this Act, the strict boards and code members accept the following conditions contained in said Code;

es shall have the right to organize and bargain collectively entatives of their own choosing, and shall be free from intert, or coercion of employers, or their agents, in the designation ntatives or in self-organization or in other concerted activities of collective bargaining or other mutual aid or protection; and d no one seeking employment shall be required as a condition to join any company union.

es shall have the right of peaceable assemblage for the discusciples of collective bargaining; shall be entitled to select their men to inspect the weighing or measuring of coal, and shall as a condition of employment to live in company houses or to pre of the employer.

inous Coal Labor Board, consisting of three members, shall be he President of the United States to be assigned to the DepartThe chairman shall be an impartial person with no financial industry, or connection with any organization of the employees. embers, one shall be a representative of the producers and one esentative of the organized employees, each of whom may retain interest in the industry or relationship to the organization of e Board shall, without regard to the provisions of the civilppoint a secretary and necessary clerical and other assistants. shall serve for a period of five years and until their successors d shall each receive compensation at the rate of $12,000 per penses. Decisions of the Board may be by a majority thereof. uminous Coal Labor Board shall sit at such places as it duties ay appoint an examiner to report evidence for its finding in case. It shall notify the parties to any disputes of the time

and places of the taking of evidence or the hearing of the causes and its finding of facts supported by any proper evidence shall be conclusive upon review thereof by any court of the United States. It shall transmit its findings and order to the parties interested and to the Commission.

(e) The Labor Board shall have authority to determine whether or not an organization of employees has been promoted, or is controlled or dominated by an employer in its organization, management, policy, or election of representatives; and for the purpose of determining who are the freely chosen representatives of the employees the Board may order and under its supervision may conduct an election of employees for that purpose. The Labor Board may order a code member to meet the representatives of its employees for the purpose of collective bargaining.

(f) The Board may offer its services as mediator in any dispute between a producer and its employees where such dispute is not determinable by the tribunal set up in a bona fide collective contract; and upon the written submission by the parties requesting an award on a stated matter signed by the duly accredited representatives of the employer and employees, the Board may arbitrate the matter submitted.

(g) Whenever the maximum daily and weekly hours of labor are agreed upon in any contract or contracts negotiated between the producers of more than one-half the annual national tonnage and the representatives of more than one-half the mine workers employed, such maximum hours of labor shall be accepted by all the Code members. The wage agreement or agreements negotiated by collective bargaining in any district or group of two or more districts between representatives of producers of the majority of its annual tonnage production and representatives of the majority of the mine workers therein belonging to a recognized national association of mine workers, shall be filed with the Labor Board and shall be accepted as the minimum wages for all such classifications of labor by the Code members operating in such district or group of districts.

ORGANIZATION OF THE CODE

SEC. 5. Upon the appointment of the Commission it shall at once assist in the formulation of said Code and the organization of the national and district boards as provided for in section 4, and shall prepare and supply forms of acceptance for membership therein to be executed and acknowledged before any official authorized to take acknowledgments by all coal producers in the United States. The membership of any such coal producer in such Code and his right as such to a drawback on the taxes levied under section 5 of this title, may be revoked by the Commission after a hearing, with thirty days' written notice to the member, upon proof that such member has failed or refused to comply with any duty or requirement imposed upon him by reason of his membership; and in such a hearing any party in interest, including the national and district boards, other members, consumers, employees, and the Commissioner of Internal Revenue, shall be entitled to present evidence and be heard.

The Commission shall keep a record of the evidence heard by it in any proceeding to cancel or revoke the membership of any coal producer in said Code and its finding of facts if supported by any proper evidence shall be conclusive upon any proceeding to review or restrain the action and order of the Commission in any court of the United States.

When the alleged violation of the Code relates to the provisions of part III of section 4 of this title, the Commission shall accept the certified findings and orders of the Bituminous Coal Labor Board and inquire into the compliance or noncompliance of the code member with respect thereto.

Any producer whose membership in the Code and whose right to a drawback on the taxes as provided under this title has been canceled, shall have the right to have his membership restored upon payment by him of all taxes in full for the month or months during which it was found by the Commission that his violation of the Code had occurred.

SEC. 6. All provisions of the law, including penalties, relating to the collection of taxes, shall insofar as applicable and not inconsistent with the provisions of this Act, be applicable with respect to taxes imposed under this Act. SEC. 7. The members of the Commission and of the Bituminous Coal Labor Board are authorized to administer oaths to witnesses appearing before their respective boards; and, for the purpose of conducting its investigations, said