Ankeny, Marling J., Director, Bureau of Mines, Department of the Bullard, Fred, executive director, Kentucky Coal Association___ Byrd, Hon. Robert C., a U.S. Senator from the State of West Virginia__ Clark, R. W., secretary, Coal Producers Association of Washington____ Conover, Julius D., executive vice president, American Mining Congress-- Cooper, Hon. John Sherman, a U.S. Senator from the State of Kentucky. Dirksen, Hon. Everett M., a U.S. Senator from the State of Illinois.... Evans, George E., Jr., president, Evans Elkhorn Coal Co___. LaViers, Harry, chairman, committee on research, and president, South- Morton, Hon. Thruston B., a U.S. Senator from the State of Kentucky. Owens, John, secretary-treasurer, United Mine Workers of America___ Phelps, Edwin R., vice president, Pittsburg & Midway Coal Mining Co_--- Wesner, Richard F., vice president, Boone County Coal Corp. Whisman, John D., executive director, Eastern Kentucky Regional Plan- COAL RESEARCH WEDNESDAY, JUNE 10, 1959 U. S. SENATE, SUBCOMMITTEE ON MINERALS, MATERIALS AND FUELS, OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, D.O. The subcommittee met at 10 a.m., pursuant to notice, in room 3110, Senate Office Building, Senator James E. Murray (chairman) presiding. Present: Senators Murray, O'Mahoney, Moss, and Allott. Also present: Robert W. Redwine, William Broadgate, and Robert Dwyer, professional staff members. The CHAIRMAN. The subcommittee will come to order. We have up for study today two bills, S. 49 and S. 1362. Both bills by their titles call for the encouragement, stimulation, and conservation of coal in the United States through research. But after the title, they part company. S. 49 provides for the "creation of a Coal Research and Development Commission," while S. 1362 calls for giving authority to the Secretary of the Interior, acting through the Bureau of Mines, to enter into contracts with private organizations for conducting coal research projects. The administration, through the Department of the Interior, is opposed to enactment of S. 49, but on the other hand urges the enactment of S. 1362. I am advised by the chairman of the House Committee on Interior and Insular Affairs that that committee has reported out, with amendments, a companion bill to S. 49, but has taken no action in respect to a companion bill to S. 1362. There appears to be unity in thought that there should be additional research in respect to coal by some governmental agency. The only division in thinking appears to be as to whether such research should be done by an independent commission created by the Congress or through the granting of contract authority to the Bureau of Mines. I am sure that all members of the subcommittee share my thought that we should carefully hear the testimony of the witnesses who will appear today and possibly tomorrow in respect to these two bills so that the committee may be fully apprised of the arguments for and against this important matter being handled by an independent agency created by the Congress or through the regular channels of the Bureau of Mines. Several Senators have advised me of their desire to appear in connection with this legislation, and in the interest of fairplay, I have scheduled them, insofar as possible, on the basis of seniority of serv 1 ice in the Senate. As a result, the first witness will be Senator Dirksen. Senator Dirksen's testimony will appear in the record immediately following insertion of S. 49 and S. 1362 and the departmental reports thereon. (The bills and reports are as follows:) [S. 49, 86th Cong., 1st sess.] A BILL To encourage and stimulate the production and conservation of coal in the United States through research and development by creating a Coal Research and Development Commission, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Coal Research and Development Act". DEFINITION SEC. 2. As used in this Act the term "research" includes scientific, technical, and economic research and the practical application of that research. COAL RESEARCH AND DEVELOPMENT COMMISSION SEC. 3. (a) There is hereby created as an independent agency in the executive branch, a Coal Research and Development Commission (hereinafter referred to as the "Commission") to be composed of three Commissioners appointed by the President, by and with the advice and consent of the Senate. Not more than two of such Commissioners shall be members of the same political party. Two Commissioners shall constitute a quorum of the Commission. The President shall designate the Commissioner who shall serve as Chairman of the Commission. (b) The term of office of each Commissioner shall be three years, except that (1) the terms of office of the Commissioners first taking office shall expire, as designated by the President at the time of appointment, one at the end of one year, one at the end of two years, and one at the end of three years, after the date of enactment of this Act; (2) any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; (3) upon the expiration of his term a Commissioner may continue to serve until his successor is appointed and has qualified. (c) Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office, and for no other cause. (d) The Chairman of the Commission shall receive compensation at the rate of $20,500 per annum and the other Commissioners shall receive compensation at the rate of $20,000 per annum. (e) The principal office of the Commission shall be in the District of Columbia, but the Commission may carry out its duties under this Act at any place. (f) The Commissioners shall be selected by the President from among persons experienced in the management of industrial-type research activities. FUNCTIONS AND DUTIES OF THE COMMISSION SEC. 4. (a) The Commission shall formulate and execute an overall research program designed but not limited to (1) develop new and more effective uses for coal, (2) improve and expand existing uses for coal, (3) reduce the cost of coal production and distribution, and (4) emphasize those developments in uses for coal of particular value to small coal producers. (b) In carrying out its duties under subsection (a) of this section the Commission shall (1) conduct research projects; (2) contract for, sponsor, cosponsor, and promote the coordination of, research projects conducted by industrial associations, educational institutions, qualified nonprofit organizations, qualified private consulting firms, and by other departments, agencies, and independent establishments of the Federal Government; and (3) collect and promote the coordination of all available research information on the production, preparation, distribution, and uses of coal, including, but not limited to, technical papers. (c) The Commission shall itself conduct research projects only when it is unable on reasonable terms and conditions to contract or otherwise provide for such research to be conducted by any other qualified organization. No appropriation shall be made to carry out the purpose of this Act for any research project to be conducted by the Commission itself, if such research project has not been approved by resolutions adopted by the Committees on Interior and Insular Affairs of the Senate and House of Representatives, respectively. For the purpose of securing consideration of such approval the Commission shall submit to each such committee a prospectus on each such proposed research project containing, but not limited to, and analysis of, and justification for, such proposed project. (d) No research shall be carried out, contracted for, sponsored, or cosponsored, or in any other way conducted under authority of this Act, unless all information, uses, products, processes, patents, and other developments, resulting from such research shall be available to the public generally. Whenever in the estimation of the Commission the purposes of this Act would be furthered through the use of patented processes or equipment, the Commission is authorized to enter into such agreements as it deems necessary for the acquisition or use of such patents on reasonable terms and conditions. (e) The Commission shall, in carrying out its duties under this Act, cooperate to the fullest extent possible with all other departments, agencies, and independent establishments of the Federal Government and of State governments and with all other interested agencies, governmental and nongovernmental. The Commission shall not conduct any research under authority of this Act which duplicates research being conducted by any other department, agency, or independent establishment of the Federal Government or of a State government. In order to avoid duplication of effort, the Commission shall, before initiating any research under authority of this Act, consult with such departments, agencies, or independent establishments of the Federal Government and of State governments and such other interested agencies as it deems advisable, and establish that such research is not already being conducted. (f) The Commission is authorized to acquire by construction, purchase, lease, or otherwise such real property as may be necessary to enable it to carry out its duties under this Act. ADVISORY COMMITTEES SEC. 5. (a) The Commission shall create, with the advice of the Attorney General, the Federal Trade Commission, and the Small Business Administration, such advisory committees as the Commission deems necessary to assist it in carrying out its duties under this Act. (b) The functions of advisory committees established under authority of this section shall be purely advisory. (c) The members of each advisory committee established under authority of this section shall be selected so as to insure adequate geographic representation, and, in the case of an industrial advisory committee, the members shall be selected so as to insure that an adequate cross section of the industry is repsented. No corporation, company, association, or other concern represented on an industrial advisory committee shall control, be controlled by, or be under common control with, any other corporation, company, association, or concern represented on such advisory committee. (d) Each advisory committee established under authority of this section shall be subject to the following minimum standards: (1) The agenda for each meeting of such advisory committee shall be formulated or approved by a Commissioner or his designee who shall be a full-time salaried employees of the Commission. (2) The meetings of such advisory committee shall be at the call of, and under the chairmanship of, a Commissioner or his designee who shall be a full-time salaried employee of the Commission. (3) Full and complete minutes of each meeting of such advisory committee shall be kept, which shall contain at a minimum, (A) the name of each person attending such meeting, and an identification of the interest he represents, (B) a copy of the agenda, (C) a comprehensive summary of the matters discussed in the meeting stating the viewpoints expressed and identifying the person expressing such viewpoints, (D) the conclusions reached by the advisory committee, together with any minority views, and (E) a record of all votes or polls taken during the meeting. |