All 66 Stat. 708.

to transport persons at a mine shall be inspected daily. No engineer shall be required for automatically operated cages or platforms.

"PENALTIES

"SEC. 210. (a) Any operator of a mine notified of an order made pursuant to section 203 or section 206, requiring him to cause persons to be withdrawn from, and to be debarred from entering, any area of such mine, who willfully fails to comply with such order shall be fined not more than $2,000.

"(b) Any agent of an operator of a mine, knowing of the making of an order requiring such operator to cause persons to be withdrawn from, and to be debarred from entering, any area of such mine, who willfully directs, authorizes or causes any person, other than one who is lawfully authorized to enter or be in such area to enter or be in such area while such order is in effect, shall be fined not more than $2,000.

(c) Any person, knowing of the making of an order requiring an operater of a mine to cause persons to be withdrawn from, and to be debarred from entering, any area of such mine, who enters such area or remains therein while such order is in effect, shall, unless he is a person who is lawfully authorized to enter or be in such area, be fined not more than $2,000.

"(d) Any owner, lessee, agent, manager, superintendent, or other person having control or supervision of any coal mine subject to section 202 who refuses to admit the Director, any duly authorized representätive of the Bureau, any State inspector assigned in accordance with a State plan, or any independent inspector appointed under section 203 (e) (3) to such mine, pursuant to section 202 (c), shall be fined not more than $500.

"EFFECT ON STATE LAWS

"SEC. 211. (a) No State or Territorial law in effect upon the effective date of this title or which may become effective thereafter, shall be superseded by any provision of this title, except insofar as such State or Territorial law is in conflict with this title, or with orders issued pursuant to this title.

"(b) Provisions in any State or Territorial law in effect upon the effective date of this title, or which may become effective thereafter, which provide for greater safety of persons on coal-mine premises, in connection with a particular phase of coal-mining operations, than do provisions of this title, which relate to the same phase of such operations, shall not be construed or held to be in conflict with this title. Provisions in any State or Territorial law in effect upon the effective date of this title, or which may become effective thereafter, which provide for the safety of persons on coal-mine premises in connection with phases of coal-mining operations concerning which no provision is contained in this title, shall not be construed or held to be superseded by this title.

"(c) Nothing in this title shall be construed or held to supersede or in any manner affect the workmen's compensation laws of any State or Territory, or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under State or Territorial laws in respect of injuries, occupational or other diseases or death of employees arising out of or in the course of employment.

A11 66 Stat. 709.

"ADMINISTRATIVE PROVISIONS

"SEC. 212. (a) Whenever the Director determines that the construction of any equipment conforms to specifications prescribed by the Director which are designed to assure that such equipment will not cause a mine explosion or mine fire, he shall issue a certificate to the manufacturer of such equipment (1) stating that such equipment has met such specifications, (2) authorizing such manufacturer to attach an approval plate, label, or other device approved by the Director which indicates that such equipment conforms to such specifications, and (3) authorizing such manufacturer to attach an identical approval plate, label, or other device to all identical equipment.

(b) The Secretary of the Interior 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 title; and to fix, subject to the Classification Act of 1949, as amended, the compensation of officers and employees so appointed. No person shall be assigned or appointed to perform the duties of a duly authorized representative of the Bureau unless he has the basic qualifications of at least five years' practical experience in the mining of coal and is recognized by the Bureau as having the training or experience of a practical mining engineer in those essentials necessary for competent coal mine inspection.

(c) The Director shall submit annually to the Congress, as soon as practicable after the beginning of each regular session, a full report of the administration of his functions under this title during the preceding calendar year. Such report shall include, either in summary or detailed form, the information obtained by him under this title, together with such findings and comments thereon and such recommendations for legislative action as he may deem proper.

"EXCLUSION FROM ADMINISTRATIVE PROCEDURE ACT

"SEC. 213. The Administrative Procedure Act shall not apply to the making of any order pursuant to this title, or to any proceeding for the annulment or revision of any such order.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 214. There are hereby authorized to be appropriated such sums, not exceeding $3,000,000 in any fiscal year, as may be necessary for the due execution of this title.

"SEVERABILITY

"SEC. 215. If any provision of this title, or the application thereof to any person or circumstance, is held invalid, the remainder of this title, and the application of such provision to other persons or circumstances, shall not be affected thereby."

SEC. 2. Section 4 of the Act entitled "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", approved May 7, 1941, is amended by striking out "or by imprisonment not exceeding sixty days, or by both".

SEC. 3. Section 5 of the Act entitled "An Act relating to certain inspections and investigations in coal mines for the purpose of obtain ing information relating to health and safety conditions, accidents, and occupational diseases therein, and for other purposes", approved May 7, 1941, is amended

All 66 Stat. 710.

(1) By striking out "during the calendar year in which the request is made or during the preceding calendar year" and inserting in lieu thereof "during the six-month period immediately preceding the date on which the request is made”.

(2) By adding at the end of such section the following new sentence: "Whoever willfully violates this section shall be fined not more than $500."

SEC. 4. The Act entitled "An Act relating to certain inspections and investigations in coal mines for the purpose of obtaining information 55 Stat. 177. relating to health and safety conditions, accidents, and occupational 30 U.S.C. diseases therein, and for other purposes", approved May 7, 1941, is §§ 4f-40. amended

(1) By inserting immediately after the comma at the end of the

enacting clause the following: "That this Act may be cited as the Short title. 'Federal Coal Mine Safety Act'.".

(2) By inserting immediately below the matter inserted by para

graph (1) the following:

"TITLE I-ADVISORY POWERS RELATING TO HEALTH AND SAFETY CONDITIONS IN MINES"

(3) By striking out "this Act", wherever appearing therein, and inserting in lieu thereof "this title".

(4) By striking out "That the" at the beginning of the present 30 U.S.c.§ 4f. first section and inserting in lieu thereof "SEC. 101. The"

(5) By redesignating the presently designated sections 2 to 12, 30 U.S.c. inclusive, as sections 102 to 112, respectively.

88 48-40, 4f

(6) By striking out "section 1" in the presently designated section note.

2 and inserting in lieu thereof "section 101"

(7) By striking out "section 1 or section 2" in the presently designated sections 3 and 4, and inserting in lieu thereof "section 101 or section 102".

(8) By striking out "section 3" in the presently designated section 4 and inserting in lieu thereof "section 103".

(9) By striking out "section 6" in the presently designated section 7 and inserting in lieu thereof "section 106".

Approved July 16, 1952.

I would like to quote from the proceedings of the U.N. Conference on Peaceful Uses of Atomic Energy held in Geneva, 1955, and a paper presented by Dr. George G. Manov, whom I believe is known to the committee, and a man who was administrative assistant, I believe, to either the Chairman or one of the Commissioners.

Mr. RAMEY. To Commissioner Libby.

Mr. GOODMAN. He presented a paper entitled "Administrative Problems in the Industrial Utilization of Atomic Energy," and on page 36 there is a section entitled "The Cost of Routine Radiological Safety Protection." You recall that I raised this subject because earlier when the question had been raised as to whether or not protection standards should be set on an individual basis, rather than averaged over a total population, Mr. Taylor had said, and I quote now from page 216 of his earlier statement, "Consider the cost to plant operation if a legal limitation of 5 rem is put upon the individual worker," and then discussed that point.

I have quoted this earlier in the record. He said this could be very costly and seriously retard the atomic energy industry. Possibly he knows more about this than Dr. Manov, but what Dr. Manov said was, and I quote from page 36 of volume 13 of the proceedings:

What are the costs of routine radiological safety protection in atomic energy installations? From the administrative point of view, however, it is interesting to note that the Atomic Energy Commission spends approximately $100 per year per man to insure radiation protection and that the costs of other safety devices, conventional types, are quite small by comparison. It is estimated that the cost of radiation protection is about 1 percent of the total operating expenses and that if it were desired to protect against radiation by an additional factor of 10, the cost would be 2 percent of the total operating costs.

In other words, it would have been possible to take the maximum permissible limit, which at that time was 300 milliroentgens per man per week, and reduce it to 30 milliroentgens per man per week at a cost of only 1 percent of the operating costs of the Commission or of the particular installation.

For anyone to say that the protection to health which this would afford would be excessive and retard the industry in my opinion raises a collective bargaining issue that should be discussed across the collective bargaining table, rather than set by a self-established, self-voluntary chosen committee, and have their recommendations accepted by agencies of the Government as the basis for establishing legal limitations.

This recommendation was not so ridiculous because your first witness at these hearings, Mr. Whipple, presented a paper at that time. This is a paper entitled, "Radiation Hazard Control for Power Reactors," and it is published and released by the American Institute of Chemical Engineers as Pre-print, No. 17 of the Conference of Nuclear Engineering and Science Congress held in Cleveland in December 1955. If I may merely read his summary conclusions of a long paper on this subject

Representative HOLIFIELD. Are you sure he has not revised his opinion since he put that out in 1955?

Mr. GOODMAN. I am sure he has. It seems to me if one were to take all this in the context in which I am presenting it to you, when the figures were made available it was interesting to me that when members of this committee asked the AEC in March of this year if they had figures on the cost of safety, they advised you that they did not have any available. They did at that time.

Representative HOLIFIELD. Proceed.

Mr. GOODMAN. Summary, and I quote:

The record maximum permissible exposure of 0.3 roentgens per week has a small but significant risk for a lifetime occupational exposure. It is strongly recommended that a figure no greater than 0.1 of this be taken as the criteria for nuclear plant operation-nuclear powerplant. Proper regard for control of radiation hazard in the plant design will reduce the risks to employees and will also reduce operating costs.

If standards are to be set primarily on the basis of a consideration of cost, it seems to me that they ought to be set by a division of government properly established by this committee, and not by a voluntary committee headed by a physicist who says in his opening or who has said in the past that he has taken on this task without the proper scientific basis for doing so.

I would recommend, therefore, that the way to proceed would be for this committee to reject the Commission's proposals, to establish a division either in the Public Health Service or in such an organization as the National Academy of Sciences, which independently would have the legal obligation and the powers and the funds to establish maximum permissible standards based upon the findings of scientific fact and not based, as Mr. Taylor says, on the question of the cost to industry of development of this science.

Representative DURHAM. I am sure you are aware of the record that has been established by the AEC and it has operated pretty large industrial plants throughout the country. I don't think you can contradict that. Their safety record is better than any industrial concern that I know of in the whole country.

Mr. GOODMAN. I would not want to ask the executive director of the committee to take the stand, but he has sat with me with workers from the plants who say that these records are inaccurate and that these records have been doctored. I merely mention that because he has independently heard these workers say that workers have been brought into the plant on stretchers in order to be able to show that the particular plant did not have lost time for a given pay period. Mr. RAMEY. This was at a public meeting at which I made a talk. I also suggested that these facts be documented and be submitted to the committee for its consideration in the employee radiation hearings. Representative HOLIFIELD. They did have the opportunity to come

in.

Mr. RAMEY. Yes. This was before the employee radiation hearings.

Representative HOLIFIELD. I have heard a lot of speeches and heard a lot of statements made, too, by people that did not stand up on further investigation.

Mr. GOODMAN. A similar paper was presented.