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1 provisions of this section by providing financial and technical

2 assistance to such institutions.

3

EFFECT ON STATE LAWS

4 SEC. 406. (a) No State law in effect upon the effective 5 date of this Act or which may become effective thereafter 6 shall be superseded by any provision of this Act or order 7 issued or standard promulgated thereunder, except insofar as 8 such State law is in conflict with this Act or with

any order

9 issued or standard promulgated pursuant to this Act.

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(b) The provisions of any State law or regulation in 11 effect upon the effective date of this Act, or which may be

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come effective thereafter, which provide for more stringent 13 health and safety standards applicable to coal mines, than do 14 the provisions of this Act or any order issued or standard 15 promulgated thereunder shall not thereby be construed or 16 held to be in conflict with this Act. The provisions of any 17 State law or regulation in effect upon the effective date of this 18 Act, or which may become effective thereafter, which pro19 vide for health and safety standards applicable to coal mines 20 for which no provision is contained in this Act or any order 21 issued or standard promulgated thereunder, shall not be held 22 to be in conflict with this Act.

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(c) Nothing in this Act shall be construed or held to supersede or in any manner affect the workmen's compensa

25 tion laws of any State, or to enlarge or diminish or affect in

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1

any

other manner the common law or statutory rights, duties, 2 or liabilities of employers and employees under State laws 3 in respect of injuries, occupational or other diseases, or death 4 of employees arising out of, or in the course of, employment.

5

6

ADMINISTRATIVE PROCEDURES

SEC. 407. The provisions of sections 551-559 and sec7 tions 701-706 of title 5 of the United States Code, shall not 8 apply to the making of any order or decision pursuant to this 9 Act, or to any proceeding for the review thereof.

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REGULATIONS

SEC. 408. The Secretary is authorized to issue such ad12 ministrative regulations as he deems appropriate to carry out

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any provision of this Act.

OPERATIVE DATE AND REPEAL

SEC. 409. The provisions of titles I through III of this 16 Act shall become operative one hundred and twenty days 17 after enactment. The provisions of the Federal Coal Mine 18 Safety Act, as amended, are repealed on the operative date 19 of those titles, except that such provisions shall continue to 20 apply to any order, notice, or finding issued under that Act 21 prior to such operative date and to any proceedings related to 22 such order, notice, or finding. All other provisions of this Act 23 shall be effective on the date of enactment of this Act.

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SEO. 410. If any provision of this Act, or the application

26 of such provision to any person or circumstance, shall be held

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1 invalid, the remainder of this Act, or the application of such 2 provision to persons or circumstances other than those as to

3 which it is held invalid, shall not be affected thereby.

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5 SEC. 411. Within one hundred and twenty days follow6 ing the convening of each session of Congress, the Secretary 7 shall submit through the President to the Congress an annual

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report upon the subject matter of this Act, the progress con9 cerning the achievement of its purposes, the needs and

10 requirements in the field of coal mine health and safety, and

11

any

other relevant information, including any recommenda

12 tions he deems appropriate.

91ST CONGRESS 1ST SESSION

S. 1907

IN THE SENATE OF THE UNITED STATES

APRIL 22, 1969

Mr. Cook (by request) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare

A BILL

To improve the health and safety conditions of persons working in the coal mining industry of the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Federal Coal Mine Health 4 and Safety Act of 1969."

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II

FINDINGS

SEC. 2. Congress declares that

(a) the first priority and concern of all in the coal

mining industry must be the health and safety of its most precious resources-the miner:

(b) the occupationally caused death or injury of a

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miner causes grief and suffering, and is a serious impediment to the future growth of this industry;

(c) there is an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation's coal mines in order to prevent death and serious physical harm, and in order to control the causes of occupational diseases originating in such mines;

(d) the existence of unsafe and unhealthful conditions and practices in such mines cannot be tolerated; (e) the operators of such mines with the assistance of the miners have the primary responsibility to prevent

the existence of such conditions and practices in such

mines;

(f) the disruption of production and the loss of income to operators and miners as a result of a coal mine accident or occupationally caused disease unduly impedes and burdens commerce; and

(g) it is the purpose of this Act to provide for the establishment of mandatory health and safety standards and to require the operators and the miners comply with such standards in carrying out their responsibilities.

MINES SUBJECT TO ACT

SEC. 3. Each coal mine the products of which enter com

merce, or the operations of which affect commerce, shall be

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