Mr. PRICE. I introduced this bill because I felt that the Federal Government owes every ounce of protection it can possibly give to the coal miners of this Nation. I concede that the 1941 Federal Mine Inspection Act gives a good measure of protection, but it fails of its objective because, with too many operators, recommendations on. safety mean nothing unless power to enforce those recommendations go with them.

Existing Federal laws go only half way in providing the safety precautions this essential national industry demands. Without the authority it needs to enforce its recommendations the Bureau of Mines has no reason to expect any better cooperation from mine operators in the future than it has received in the past-and that cooperation has not been a matter to which the coal industry can point with pride.

In the first 5 years of operations under inspection provisions of the 1941 act, from December 1, 1941, to May 31, 1946, the management's record of compliance was only 25 percent. For the next year, June 1, 1946, to March 24, 1947, it continued at the low rate of 25 percent. It took the Centralia disaster to make the rate jump to 45 percent from March 25, 1947, to June 30, 1947. But even with the Federal Mine Safety Code-Public Law 328, Eightieth Congress-in effect from July 1, 1947, to June 30, 1948, compliance started to decline and for the period was 41 percent.

Proof enough that the only way in which compliance with recommendations of the Federal mine inspectors can be obtained is through adequate enforcement provisions in the Federal Law. In my opinion, we can expect compliance to continue to go down unless we act now to put teeth into the law.

I urge the members of this committee to study carefully the reports from the United States Bureau of Mines on casualties in the coal industry over the past 10 years. They are the best arguments in favor of this bill.

It was a death toll of 1,500 miners in 1940 that led to the enactment of the existing inspection legislation. But that was not an unusually heavy toll. I have a feeling that if the majority of the Members of Congress understood that it is not unusual for the annual death rate in mines of the Nation to exceed 1,000, and that the annual accident rate is well over 50,000, they would demand an opportunity to enact this legislation.

The record of mine fatalities year after year clearly reflects the laxity of State enforcement and the inadequacies of State safety laws. Fatalities in coal mines rank next to highest in the major industries, only lumber having a higher rate.

I hope this Congress will give its attention to this most important problem and that it will take the action necessary to make the Federal mine-inspection laws meaningful. H. R. 3023 proposes that a Federal inspector who finds imminent danger in a mine can order immediate shut-down. And I propose that failure to obey a close order would be punishable by a substantial penalty. In my bill I suggest a fine of $500 or imprisonment up to 60 days, or both, but I am inclined to agree with the Bureau of Mine officials who have testified on a companion bill in the Senate that this is too mild a penalty for such a serious offense. I agree to their suggestion stepping up the penalty to a fine of $2,000 or imprisonment of not more than 6 months or both.

The life of a coal miner is constantly in danger. This measure is designed to preserve his health and safety, to save him from recurrence of the disasters which annually cost the lives of hundreds. It is a humane measure and certainly merits approval of this Congress. We need this tightening of mine-inspection laws to save the lives of the men who mine the Nation's coal. The record of lives lostthe crippled and maimed men-are the evidence of the inadequacies in present laws. I hope the mine owners themselves and officials in charge of State mine-regulating agencies will look upon this legislation as an aid in their own efforts to solve the problem of mine safety. I feel that they should.

Public Law 49, Seventy-seventh Congress, gave to the mine operators and the miners a vast fund of scientific and engineering information held by the Bureau of Mines. It may have accomplished much in the field of mine safety, but it could have prevented a few of the disasters which have occurred in the past 7 years had the Seventy-seventh Congress given the inspectors the power to enforce their recommendations. We know that now.

I do not suggest that giving the power of enforcement to the inspectors is a cure-all for coal-mine accidents, but it will strengthen the hand of the Federal inspectors in their efforts to eliminate hazards in coal mines. It will end obstinate operators' disregard for safety recommendations.

Federal inspection and investigation of mines, even after putting the teeth into the act to enforce the inspectors' recommendations, cannot or will not bring about elimination of all accidents; but, as time goes by and the activities of the Bureau continue to become more effective with the scientific experimental work, gradual reduction in the accident rate will be apparent.

This is a long step forward and it must be taken. It is long past time for action on the part of Congress, lest the blood of future fatalities be on our hands.

That concludes my statement, Mr. Chairman.

Mr. KELLEY. Mr. Perkins?

Mr. PERKINS. Nothing at this time.

Mr. KELLEY. Mr. McConnell?

Mr. McCONNELL. No questions.

Mr. KELLEY. Mr. Smith?

Mr. SMITH. How are you going to resolve the differences between the State and the Federal mine inspectors?

Mr. PRICE. I might say in answer to that, Mr. Smith, that apparently the State and the Federal mine inspectors have been cooperating very well under the present Federal Mine-Inspection Act. I personally do not think that there would be too much difficulty in resolving any difference.

Mr. SMITH. These Federal mine inspectors are appointed by the Federal Bureau of Mines?

Mr. PRICE. The United States Bureau of Mines.

Mr. SMITH. And what are their qualifications?

Mr. PRICE. Their qualifications are much higher than the average qualifications set by the different mining agencies of the State governments. They are required to be mining engineers, and they have other qualifications that are not required of those who are applicants in the States.

Mr. SMITH. Just for my education, tell me what the qualifications of these Federal mine inspectors are. What do they have to do? Mr. PRICE. They have to have some years of experience as mining engineers.

Mr. SMITH. Now, Mr. Price, do you mean mining engineering, or experience in mines?

Mr. PRICE. Experience in mines. I said at the outset of this, Mr. Smith, that I am not an expert in mine safety. I made that perfectly clear. There are going to be witnesses on the stand during the day and throughout these hearings who are experts on those questions, and they can answer those questions for you far better than I can.

Mr. SMITH. What would you think about putting into this law also the requirement that, in case a Federal mine inspector found a mine that was unsafe for operation, the mine owners should go ahead and pay the wages of the miners until these conditions are improved?

Mr. PRICE. I might say to you, Mr. Smith, I am not interested in the economic situation in regard to this; I am interested merely in the matter of mine safety. And I said at the beginning of my remarks that that is my only interest in this matter.

Mr. SMITH. You mentioned the fact that over in the Senate they had hearings in regard to this, and you mentioned the fact that the penalty was not severe enough. Would you provide an additional penalty?

Mr. PRICE. That is correct. I think the penalty is too mild. That is, the penalty in the existing law, $500 and 60 days. I definitely think that the penalty should be higher than it now is.

Mr. SMITH. Would you not be in favor of a death-penalty clause? Mr. PRICE. I have never explored that idea. I have never given it consideration.

Mr. SMITH. Do you not concede that it would be an advantage, and would be somewhat of a deterrent for a mine owner to know that if

some

Mr. PRICE. I can see it would be a considerable penalty, but I do not know whether it would be a fair or just penalty. I have not had a chance to explore your suggestion. It certainly has never occurred

to me.

Mr. SMITH. That is all.

Mr. KELLEY. That is all, Mr. Price.

Mr. PRICE. Thank you.

Mr. KELLEY. Without objection, I wish to insert in the record at this point a copy of Public Law 49..

(Public Law 49 and Public Law 328, 80th Cong., with the accompanying report, are as follows:)

[PUBLIC LAW 49-77TH CONGRESS]

[CHAPTER 87-1ST SESSION]

[H. R. 2082]

AN ACT Relating to certain inspections and investigations in coal mines for the purpose of obtaining information relating to health and safety conditions, accidents, and occupational diseases therein, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, acting through the United States Bureau of Mines, is hereby authorized and empowered to make or cause to be made annual or necessary inspections and investigations in coal mines the products of which regularly enter commerce or the operations of which substantially affect commerce

(a) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, whenever such health or safety conditions, accidents, or occupational diseases burden or obstruct commerce or threaten to burden or obstruct

commerce.

(b) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, as a basis for determining the most effective manner in which the public funds made available for the protection or advancement of health or safety in coal mines, and for the prevention or relief of accidents or occupational diseases therein may be expended for the accomplishment of such objects.

(c) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, as a basis for the preparation and dissemination of reports, studies, statistics, and other educational materials pertaining to the protection or advancement of health or safety in coal mines and to the prevention or relief of accidents or occupational diseases in coal mines.

(d) For the purpose of obtaining information relating to accidents involving bodily injury or loss of life in such mines or relating to occupational diseases originating in such mines, to be transmitted to the Bureau of the Census for use in connection with the preparation and compilation of the various Census reports. (e) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, to be transmitted to the Congress for its consideration in connection with legislative matters involving health and safety conditions, accidents, or occupational diseases in coal mines.

SEC. 2. The Secretary of the Interior, acting through the United States Bureau of Mines, is further authorized and empowered to make or cause to be made the inspections and investigations provided for in section 1 of this Act at other than annual intervals at any time in his discretion when the making of such inspections or investigations in the mine concerned will be in furtherance of the purposes of this Act.

SEC. 3. The Secretary of the Interior acting through the United States Bureau of Mines, or any duly authorized representative of such Bureau, shall be entitled to admission to any coal mine the products of which regularly enter commerce or the operations of which substantially affect commerce, for the purpose of making any inspection or investigation authorized under section 1 or section 2 of this Act.

SEC. 4. Any owner, lessee, agent, manager, superintendent, or other person having control or supervision of any coal mine subject to the provisions of section 1 or section 2 of this Act who refuses to admit the Secretary of the Interior, acting through the United States Bureau of Mines, or any duly authorized representative of such Bureau, to such mine, pursuant to the provisions of section 3 of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500 or by imprisonment not exceeding sixty days, or by both.

SEC. 5. Every owner, lessee, agent, manager, superintendent, or other person having control or supervision of any coal mine the products of which regularly enter commerce or the operations of which substantially affect commerce shall furnish to the Secretary of the Interior, acting through the United States Bureau of Mines, or to any duly authorized representative of such Bureau, upon request, complete and correct information to the best of his knowlege concerning any or all accidents involving bodily injury or loss of life which occurred in such mine during the calendar year in which the request is made or during the preceding calendar year.

SEC. 6. The Secretary of the Interior, acting through the United States Bureau of Mines, is hereby authorized and directed

(a) To report annually to the Congress, either in summary or detailed form, the information obtained by him under this Act, together with such findings and comments thereon and such recommendations for legislative action as he may deem proper;

(b) To compile, analyze, and publish, either in summary or detailed form, the information obtained by him under this Act, together with such findings con

cerning the causes of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines, and such recommendations for the prevention or amelioration of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines as he may deem proper;

(c) To prepare and disseminate reports, studies, statistics, and other educational materials pertaining to the protection or advancement of health or safety in coal mines and to the prevention or relief of accidents or occupational diseases in coal mines;

(d) To expend the funds made available to him for the protection or advancement of health or safety in coal mines, and for the prevention or relief of accidents or occupational diseases therein, in such lawful manner as he may deem most effective in the light of the information obtained under this Act to promote the accomplishment of the objects for which such funds are granted;

(e) To transmit to the Director of the Census, either in summary or detailed form, the information obtained by him under this Act, for use in connection with the preparation and compilation of the various Census reports; and

(f) To make available for public inspection, either in summary or detailed form, the information obtained under this Act, as soon as practicable after the acquisition of such information.

SEC. 7. The execution of the provisions of this Act shall devolve upon the United States Bureau of Mines and the Secretary of the Interior may designate other bureaus or offices in the Department of the Interior to cooperate with the United States Bureau of Mines for such purpose. In order to promote sound and effective coordination of Federal and local activities within the field covered by this Act, the Secretary of the Interior, and the several bureaus and offices under his jurisdiction, shall cooperate with the official mine inspection or safety agencies of the several States and Territories, and, with the consent of the proper authorities thereof, may utilize the services of such agencies in connection with the administration of this Act. Copies of all findings, recommendations, reports, studies, statistics, and information made public under the authority of clauses (b), (c), and (f) of section 6 of this Act shall, whenever practicable, be furnished any cooperating State or Territorial agency which may request the same.

SEC. 8. The Secretary of the Interior, acting through the United States Bureau of Mines, may, in his discretion, create and establish an advisory committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the administration of this Act. The said committee shall be composed of representatives of coal-mine owners and of representatives of coal-mine workers in equal number. The members of said committee shall be appointed by the Secretary of the Interior without regard to the civil-service laws.

SEC. 9. The Secretary of the Interior, acting through the United States Bureau of Mines, shall have authority to appoint, subject to the civil-service laws, such officers and employees as he may deem requisite for the administration of this Act; to fix, subject to the Classification Act of 1923, as amended, the compensation of officers and employees so appointed; and to prescribe the powers, duties, and responsibilities of all officers and employees engaged in the administration of this Act: Provided, however, That in the selection of persons for appointment as coal-mine inspectors no person shall be so selected unless he has the basic qualification of at least five years' practical experience in the mining of coal, and is recognized by the United States Bureau of Mines as having the training or experience of a practical mining engineer in those essentials necessary for competent coal-mine inspection; and in detailing coal-mine inspectors to the inspection and investigation of individual mines, due consideration shall be given to their previous practical experience in the work of mining coal in the State, district, or region where such inspections are to be made.

SEC. 10. There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the due execution of this Act.

SEC. 11. For the purposes of this Act, the term "commerce" means trade, traffic, commerce, transportation, or communications between any State, Territory, possession, or the District of Columbia and any other State, Territory, or possession, of the United States, or between any State, Territory, possession, or the District of Columbia and any foreign country, or wholly within any Territory, possession, or the District of Columbia, or between points in the same State if passing through any other State or through any Territory, possession, or the District of Columbia or through any foreign country.