Rosenfeld Susan. Encyclopedia of American Historical Documents

our society—to show friendship to students and visitors

from other lands who visit us and go back in many cases to

be the future leaders, with an image of America—and I

want that image, and I know you do, to be affirmative and

positive—and, finally, to practice democracy at home, in

all States, with all races, to respect each other and to pro-

tect the Constitutional rights of all citizens.

I have not asked for a single program which did not

cause one or all Americans some inconvenience, or some

hardship, or some sacrifice. But they have responded—

and you in the Congress have responded to your duty—

and I feel confident in asking today for a similar response

to these new and larger demands. It is heartening to know,

as I journey abroad, that our country is united in its com-

mitment to freedom—and is ready to do its duty.

Source:

Public Papers of the Presidents of the United States, John F. Ken-

nedy, 1961. Washington, D.C.: Government Printing Office,

1962, pp. 396–406. Also available on-line. URL: www.

jfklink.com/speeches/jfk/public_papers/1961/jfk_contents_

papers1961.html.

National Foundation on the Arts and

the Humanities Act, 1965

Signed by President Lyndon B. Johnson on September 29,

1965, this act represents the first national effort to fund artists,

musicians, historians, and literary endeavors since the New

Deal. The National Endowment for the Humanities (NEH)

resulted from the efforts of the American Council of Learned

Societies (ACLS), the Council of Graduate Schools in America,

and the United Chapters of Phi Beta Kappa, which co-spon-

sored the establishment of a National Commission on the

Humanities and instructed the Commission to conduct a study

of “the state of the humanities in America.” Barnaby Keeney,

president of Brown University, chaired the commission. John-

son later appointed him first director of NEH.

Preceding the act’s passage, the National Council for the

Arts was established through the National Arts and Cultural

Development Act of 1964. Its first members, appointed by

President Lyndon Johnson, included noted artists such as con-

tralto Marian Anderson; violinist Isaac Stern; composer Rich-

ard Rogers; conductor-composers Leonard Bernstein and Duke

Ellington; choreographer Agnes de Mille; actors Helen Hayes,

Charleston Heston, Gregory Peck, Sidney Poitier, and Rosalind

Russell; artist David Smith; and authors Harper Lee and John

Steinbeck. NEH is the largest single funder of the nonprofit arts

sector in the United States. Its work has fostered theater, or-

chestras, and other artistic endeavors that could never have

developed using local resources alone.

Senator Claiborne Pell of Rhode Island introduced the

Johnson administration’s legislation to establish a National

Foundation on the Arts and the Humanities in March 1965.

The act, however, separated the two endeavors into indepen-

dent agencies, NEH and the National Endowment for the Arts

(NEA). The final act provided for citizens’ advisory committees

for both the NEA (the National Council on the Arts), and NEH

(the National Council for the Humanities). The two agencies

also support state endowments for humanities and arts.

In January 1966 President Johnson appointed the first

members of the National Councils on the Arts and Humani-

ties. The first 157 NEH fellowships and 130 summer stipends

were awarded in 1967.

The act has been amended several times.

________________________

_______________________

AN ACT To provide for the establishment of the National

Foundation on the Arts and the Humanities to promote

progress and scholarship in the humanities and the arts in

the United States, and for other purposes.

Be it enacted by the Senate and House of Represen-

tatives of the United States of America in Congress assem-

bled,

Short Title

Section 1. This Act may be cited as the “National Founda-

tion on the Arts and Humanities Act of 1965”.

Declaration of Findings and Purposes

SEC. 2. The Congress finds and declares the following:

(1) The arts and the humanities belong to all the peo-

ple of the United States.

(2) The encouragement and support of national pro-

gress and scholarship in the humanities and the arts, while

primarily a matter for private and local initiative, are also

appropriate matters of concern to the Federal Government.

(3) An advanced civilization must not limit its efforts

to science and technology alone, but must give full value

and support to the other great branches of scholarly and

cultural activity in order to achieve a better understanding

of the past, a better analysis of the present, and a better

view of the future.

(4) Democracy demands wisdom and vision in its citi-

zens. It must therefore foster and support a form of educa-

tion, and access to the arts and the humanities, designed to

make people of all backgrounds and wherever located mas-

ters of their technology and not its unthinking servants.

(5) It is necessary and appropriate for the Federal

Government to complement, assist, and add to programs

for the advancement of the humanities and the arts by

local, State, regional, and private agencies and their orga-

nizations. In doing so, the Government must be sensitive

to the nature of public sponsorship. Public funding of the

1482 ERA 9: Postwar United States

arts and humanities is subject to the conditions that tradi-

tionally govern the use of public money. Such funding

should contribute to public support and confidence in the

use of taxpayer funds. Public funds provided by the Fed-

eral Government must ultimately serve public purposes

the Congress defines.

(6) The arts and the humanities reflect the high place

accorded by the American people to the nation’s rich cul-

tural heritage and to the fostering of mutual respect for the

diverse beliefs and values of all persons and groups.

(7) The practice of art and the study of the humanities

require constant dedication and devotion. While no gov-

ernment can call a great artist or scholar into existence, it

is necessary and appropriate for the Federal Government

to help create and sustain not only a climate encouraging

freedom of thought, imagination, and inquiry but also the

material conditions facilitating the release of this creative

talent.

(8) The world leadership which has come to the

United States cannot rest solely upon superior power,

wealth, and technology, but must be solidly founded upon

worldwide respect and admiration for the Nation’s high

qualities as a leader in the realm of ideas and of the spirit.

(9) Americans should receive in school, background

and preparation in the arts and humanities to enable them

to recognize and appreciate the aesthetic dimensions of

our lives, the diversity of excellence that comprises our

cultural heritage, and artistic and scholarly expression.

(10) It is vital to democracy to honor and preserve its

multicultural artistic heritage as well as support new ideas,

and therefore it is essential to provide financial assistance

to its artists and the organizations that support their work.

(11) To fulfill its educational mission, achieve an

orderly continuation of free society, and provide models of

excellence to the American people, the Federal Govern-

ment must transmit the achievement and values of civi-

lization from the past via the present to the future, and

make widely available the greatest achievements of art.

(12) In order to implement these findings and pur-

poses, it is desirable to Establish a National Foundation on

the Arts and the Humanities.

Source:

National Endowment for the Humanities. “National Foundation

on the Arts and the Humanities Act of 1965 (P./L. 89-209)”

Available on-line. URL: <www.neh.gov/whoweare//legislation.

html. Accessed November 2003.

Occupational Safety and Health Act, 1970

Federal legislation enacted on December 29, 1970, that estab-

lished federal supervision over health and safety in the work-

place. The secretary of labor was given authority to establish

safety standards for all workers engaged in interstate com-

merce. A three-member board, appointed by the president, was

empowered to enforce the standards. The act called for penal-

ties of up to $1,000 for each violation of the standards, or

$10,000 for each “willful” violation. The legislation created a

National Institute for Occupational Health and Safety under the

Department of Health, Education, and Welfare (later Health

and Human Services). It also set up a commission to examine

state worker’s compensation laws.

________________________

_______________________

An Act

To assure safe and healthful working conditions for work-

ing men and women; by authorizing enforcement of the

standards developed under the Act; by assisting and

encouraging the States in their efforts to assure safe and

healthful working condition; by providing for research,

information, education, and training in the field of occu-

pational safety and health; and for other purposes.

Be it enacted by the Senate and House of Represen-

tatives of the United States of America in Congress assem-

bled, That this Act may be cited as the “Occupational

Safety and Health Act of 1970”.

Congressional Findings and Purpose

Sec. (2) The Congress finds that personal injuries and

illnesses arising out of work situations impose a substantial

burden upon, and are a hindrance to, interstate commerce

in terms of lost production, wage loss, medical expenses,

and disability compensation payments.

(b) The Congress declares it to be its purpose and pol-

icy, through the exercise of its powers to regulate com-

merce among the several States and with foreign nations

and to provide for the general welfare, to assure so far as

possible every working man and woman in the Nation safe

and healthful working conditions and to preserve our

human resources—

(1) by encouraging employers and employees in their

efforts to reduce the number of occupational safety and

health hazards at their places of employment, and to stim-

ulate employers and employees to institute new and to

perfect existing programs for providing safe and healthful

working conditions;

(2) by providing that employers and employees have

separate but dependent responsibilities and rights with

respect to achieving safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set manda-

tory occupational safety and health standards applicable to

businesses affecting interstate commerce, and by creating

an Occupational Safety and Health Review Commission for

carrying out adjudicatory functions under the Act;

* * *

Economic Boom and Social Transformation 1483

(5) by providing for research in the field of occupa-

tional safety and health, including the psychological fac-

tors involved, and by developing innovative methods,

techniques, and approaches for dealing with occupational

safety and health problems;

(6) by exploring ways to discover latent diseases, es-

tablishing causal connections between diseases and work

in environmental conditions, and conducting other re-

search relating to health problems, in recognition of the

fact that occupational health standards present problems

often different from those involved in occupational safety;

(7) by providing medical criteria which will assure

insofar as practicable that no employee will suffer dimin-

ished health, functional capacity, or life expectancy as a

result of his work experience;

(8) by providing for training programs to increase the

number and competence of personnel engaged in the field

of occupational safety and health;

* * *

(10) by providing an effective enforcement program

which shall include a prohibition against giving advance

notice of any inspection and sanctions for any individual

violating this prohibition;

(11) by encouraging the States to assume the fullest

responsibility for the administration and enforcement of

their occupational safety and health laws by providing

grants to the States to assist in identifying their needs and

responsibilities in the area of occupational safety and

health, to develop plans in accordance with the provisions

of this Act, to improve the administration and enforcement

of State occupational safety and health laws, and to con-

duct experimental and demonstration projects in connec-

tion therewith;

* * *

(13) by encouraging joint labor-management efforts to

reduce injuries and disease arising out of employment.

Definitions

Sec. 3. For the purposes of this Act—

* * *

(8) The term “occupational safety and health stan-

dard” means a standard which requires conditions, or the

adoption or use of one or more practices, means, methods,

operations, or processes, reasonably necessary or appro-

priate to provide safe or healthful employment and places

of employment.

(9) The term “national consensus standard” means any

occupational safety and health standard or modification

thereof which (1), has been adopted and promulgated by a

nationally recognized standards-producing organization

under procedures whereby it can be determined by the

Secretary that persons interested and affected by the scope

or provisions of the standard have reached substantial

agreement on its adoption, (2) was formulated in a manner

which afforded an opportunity for diverse views to be con-

sidered and (3) has been designated as such a standard by

the Secretary, after consultation with other appropriate

Federal agencies.

* * *

Applicability of this Act

* * *

(4) Nothing in this Act shall be construed to supersede

or in any manner affect any workmen’s compensation law

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 any law with respect to

injuries, diseases, or death of employees arising out of, or

in the course of, employment.

Duties

Sec. 5. (a) Each employer—

(1) shall furnish to each of his employees employment

and a place of employment which are free from recognized

hazards that are causing or are likely to cause death or seri-

ous physical harm to his employees;

Occupational Safety and Health Standards

* * *

(2) The Secretary shall publish a proposed rule pro-

mulgating, modifying, or revoking an occupational safety

or health standard in the Federal Register and shall afford

interested persons a period of thirty days after publication

to submit written data or comments. . . .

* * *

(5) The Secretary, in promulgating standards dealing

with toxic materials or harmful physical agents under this

subsection, shall set the standard which most adequately

assures, to the extent feasible, on the basis of the best avail-

able evidence, that no employee will suffer material

impairment of health or functional capacity even if such

employee has regular exposure to the hazard dealt with by

such standard for the period of his working life. Develop-

ment of standards under this subsection shall be based

upon research, demonstrations, experiments, and such

other information as may be appropriate. In addition to

the attainment of the highest degree of health and safety

protection for the employee, other considerations shall be

the latest available scientific data in the field, the feasibil-

ity of the standards, and experience gained under this and

other health and safety laws. Whenever practicable, the

standard promulgated shall be expressed in terms of objec-

tive criteria and of the performance desired.

1484 ERA 9: Postwar United States

(6)(A) Any employer may apply to the Secretary for a

temporary order granting a variance from a standard or

any provision thereof promulgated under this section.

Such temporary order shall be granted only if the

employer . . . establishes that (i) he is unable to comply

with a standard by its effective date because of unavail-

ability of professional or technical personnel or of materi-

als and equipment needed to come into compliance with

the standard or because necessary construction or alter-

ation of facilities cannot be completed by the effective

date, (ii) he is taking all available steps to safeguards his

employees against the hazards covered by the standard,

and (iii) he has an effective program for coming into com-

pliance with the standard as quickly as practicable.

* * *

(g) In determining the priority for establishing stan-

dards under this section, the Secretary shall give due

regard to the urgency of the need for mandatory safety

and health standards for particular industries, trades,

crafts, occupations, businesses, workplaces or work en-

vironments. The Secretary shall also give due regard to

the recommendations of the Secretary of Health, Educa-

tion, and Welfare regarding the need for mandatory stan-

dards in determining the priority for establishing such

standards.

Advisory Committees; Administration

Sec. 7. (a)(1) There is hereby established a National

Advisory Committee on Occupational Safety and Health

consisting of twelve members appointed by the Secretary,

four of whom are to be designated by the Secretary of

Health, Education, and Welfare, without regard to the

provisions of title 5, United States Code, governing

appointments in the competitive service, and composed of

representatives of management, labor, occupational safety

and occupational health professions, and of the public.

The Secretary shall designate one of the public members

as Chairman. The members shall be selected upon the

basis of their experience and competence in the field of

occupational safety and health.

(2) The Committee shall advise, consult with, and

make recommendations to the Secretary and the Secretary

of Health, Education, and Welfare on matters relating to

the administration of the Act. The Committee shall hold

no fewer than two meetings during each calendar year. All

meetings of the Committee shall be open to the public and

a transcript shall be kept and made available for public

inspection.

* * *

(b) Inspections, Investigations, and Recordkeeping

Sec. 8. (a) In order to carry out the purposes of this

Act, the Secretary, upon presenting appropriate creden-

tials to the owner, operator, or agent in charge, is autho-

rized—

(1) to enter without delay and at reasonable times any

factory, plant, establishment, construction site, or other

area, workplace or environment where work is performed

by an employee of an employer; and

(2) to inspect and investigate during regular working

hours and at other reasonable times, and within reasonable

limits and in a reasonable manner, any such place of

employment and all pertinent conditions, structures,

machines, apparatus, devices, equipment, and materials

therein, and to question privately any such employer,

owner, operator, agent or employee.

(b) In making his inspections and investigations under

this Act the Secretary may require the attendance and tes-

timony of witnesses and the production of evidence under

oath. Witnesses shall be paid the same fees and mileage

that are paid witnesses in the courts of the United States.

In case of a contumacy, failure, or refusal of any person to

obey such an order, any district court of the United States

or the United States courts of any territory or possession,

within the jurisdiction of which such person is found, or

resides or transacts business, upon the application by the

Secretary, shall have jurisdiction to issue to such person an

order requiring such person to appear to produce evidence

if, as, and when so ordered, and to give testimony relating

to the matter under investigation or in question, and any

failure to obey such order of the court may be punished by

said court as a contempt thereof.

(c)(1) Each employer shall make, keep and preserve,

and make available to the Secretary or the Secretary of

Health, Education, and Welfare, such records regarding

his activities relating to this Act as the Secretary, in coop-

eration with the Secretary of Health, Education, and Wel-

fare, may prescribed by regulation as necessary or

appropriate for the enforcement of this Act or for devel-

oping information regarding the causes and prevention of

occupational accidents and illnesses. In order to carry out

the provisions of this paragraph such regulations may

include provisions requiring employers to conduct peri-

odic inspections. The Secretary shall also issue regulations

requiring that employers, through posting of notices or

other appropriate means, keep their employees informed

of their protections and obligations under this Act, includ-

ing the provisions of applicable standards.

(2) The Secretary, in cooperation with the Secretary of

Health, Education, and Welfare, shall prescribe regula-

tions requiring employers to maintain accurate records of,

and to make periodic reports on, work-related deaths,

injuries and illnesses other than minor injuries requiring

only first aid treatment and which do not involve medical

treatment, loss of consciousness, restriction of work or

motion, or transfer to another job.

Economic Boom and Social Transformation 1485

(3) The Secretary, in cooperation with the Secretary of

Health, Education, and Welfare, shall issue regulations

requiring employers to maintain accurate records of

employee exposures to potentially toxic materials or harm-

ful physical agents which are required to be monitored or

measured under section 6. Such regulations shall provide

employees or their representatives with an opportunity to

observe such monitoring or measuring, and to have access

to the records thereof. Such regulations shall also make

appropriate provision for each employee or former

employee to have access to such records as will indicate his

own exposure to toxic materials or harmful physical agents.

Each employer shall promptly notify any employee who

has been or is being exposed to toxic materials or harmful

physical agents in concentrations or at levels which exceed

those prescribed by an applicable occupational safety and

health standard promulgated under section 6, and shall

inform any employee who is being thus exposed of the cor-

rective action being taken.

* * *

(f)(1) Any employees or representative of employees

who believe that a violation of a safety or health standard

exists that threatens physical harm, or that an imminent

danger exists, may request an inspection by giving notice

to the Secretary or his authorized representative of such

violation or danger.

* * *

(2) The Secretary and the Secretary of Health Educa-

tion, and Welfare shall each prescribe such rules and reg-

ulations as he may deem necessary to carry out their

responsibilities under this Act, including rules and regula-

tions dealing with the inspection of an employer’s estab-

lishment.

* * *

Procedure for Enforcement

* * *

Judicial Review

Sec. 11. (a) Any person adversely affected or

aggrieved by an order of the Commission issued under

subsection (c) of section 10 may obtain a review of such

order in any United States court of appeals for the circuit

in which the violation is alleged to have occurred or where

the employer has its principal office, or in the Court of

Appeals for the District of Columbia Circuit. . . .

(b) The Secretary may also obtain review or enforce-

ment of any final order of the Commission by filing a peti-

tion for such relief. . . .

(c)(1) No person shall discharge or in any manner dis-

criminate against any employee because such employee

has filed any complaint or instituted or caused to be insti-

tuted any proceeding under or related to this Act or has

testified or is about to testify in any such proceeding or

because of the exercise by such employee on behalf of

himself or others of any right afforded by this Act. . . .

The Occupational Safety and Health Review Com-

mission

Sec. 12. (a) The Occupational Safety and Health Re-

view Commission is hereby established. The Commission

shall be composed of three members who shall be

appointed by the President, by and with the advice and

consent of the Senate, from among persons who by reason

of training, education, or experience are qualified to carry

out the functions of the Commission under this Act. The

President shall designate one of the members of the Com-

mission to serve as Chairman. . . .

* * *

Confidentiality of Trade Secrets

Sec. 15. All information reported to or otherwise

obtained by the Secretary or his representative in connec-

tion with any inspection or proceeding under this Act

which contains or which might reveal a trade secret . . .

shall be considered confidential for the purpose of that

section. . . .

* * *

(e) Any employer who willfully violates any standard,

rule, or order promulgated pursuant to section 6 of this

Act, or of any regulations prescribed pursuant to this Act,

and that violation caused death to any employee, shall,

upon conviction, be punished by a fine of not more than

$10,000 or by imprisonment for not more than six months,

or by both; except that if the conviction is for a violation

committed after a first conviction of such person, punish-

ment shall be by a fine of not more than $20,000 or by

imprisonment for not more than one year, or by both.

(f) Any person who gives advance notice of any inspec-

tion to be conducted under this Act, without authority

from the Secretary or his designees, shall, upon conviction,

be punished by a fine of not more than $1,000 or by

imprisonment for not more than six months, or by both.

* * *

(j) The Commission shall have authority to assess all

civil penalties provided in this section, giving due consid-

eration to the appropriateness of the penalty with respect

to the size of the business of the employer being charged,

the gravity of the violation, the good faith of the employer,

and the history of previous violations.

(k) For purposes of this section, a serious violation

shall be deemed to exist in a place of employment if there

is a substantial probability that death or serious physical

1486 ERA 9: Postwar United States

harm could result from a condition which exists, or from

one or more practices, means, methods, operations, or

processes which have been adopted or are in use, in such

place of employment unless the employer did not, and

could not with the exercise of reasonable diligence, know

of the presence of the violation.

State Jurisdiction and State Plans

Sec. 18. (a) Nothing in this Act shall prevent any State

agency or court from asserting jurisdiction under State law

over any occupational safety or health issue with respect to

which no standard is in effect under section thereof, if

such plan in his judgment—

* * *

(8) provides that the State agency will make such

reports to the Secretary in such form and containing such

information, as the Secretary shall from time to time

require.

* * *

(g) The State may obtain a review of a decision of the

Secretary withdrawing approval of or rejecting its plan by

the United States court of appeals for the circuit in which

the State is located by filing in such court within thirty days

following receipt of notice of such decision a petition to

modify or set aside in whole or in part the action of the

Secretary.

* * *

Federal Agency Safety Programs and Responsibilities

Sec. 19. (a) It shall be the responsibility of the land of

each Federal agency to establish and maintain an effective

and comprehensive occupational safety and health pro-

gram which is consistent with the standards promulgated

under section 6. The head of each agency shall (after con-

sultation with representatives of the employees thereof)—

(1) provide safe and healthful places and conditions of

employment, consistent with the standards. . . .

(2) acquire, maintain, and require the use of safety

equipment, personal protective equipment, and devices

reasonably necessary to protect employees;

(3) keep adequate records of all occupational acci-

dents and illnesses for proper evaluation and necessary

corrective action;

* * *

(d) The Secretary shall have access to records and

reports kept and filed by Federal agencies pursuant to sub-

sections. . . .

Research and Related Activities

Sec. 20. (a)(1) The Secretary of Health, Education,

and Welfare, after consultation with the Secretary and with

other appropriate Federal departments or agencies, shall

conduct (directly or by grants or contracts) research,

experiments, and demonstrations relating to occupational

safety and health, including studies of psychological factors

involved, and relating to innovative methods, techniques,

and approaches for dealing with occupational safety and

health problems.

(2) The Secretary of Health, Education, and Welfare

shall from time to time consult with the Secretary in order

to develop specific plans for such research, demonstra-

tions, and experiments as are necessary to produce criteria,

including criteria identifying toxic substances, enabling the

Secretary to meet his responsibility for the formulation of

safety and health standards under this Act; and the Secre-

tary of Health, Education, and Welfare, on the basis of

such research, demonstrations, and experiments and any

other information available to him, shall develop and pub-

lish at least annually such criteria as will effectuate the pur-

poses of this Act.

(3) The Secretary of Health, Education, and Welfare,

on the basis of such research, demonstrations, and experi-

ments, and any other information available to him, shall

develop criteria dealing with toxic materials and harmful

physical agents and substances which will describe expo-

sure levels that are safe for various periods of employment,

including but not limited to the exposure levels at which

no employee will suffer impaired health or functional

capacities or diminished life expectancy as a result of his

work experience.

(4) The Secretary of Health, Education, and Welfare

shall also conduct special research, experiments, and

demonstrations relating to occupational safety and health

as are necessary to explore new problems, including those

created by new technology in occupational safety and

health, which may require ameliorative action beyond that

which is otherwise provided for in the operating provisions

of this Act. The Secretary of Health, Education, and Wel-

fare shall also conduct research into the motivational and

behavioral factors relating to the field of occupational

safety and health.

(5) The Secretary of Health, Education, and Welfare,

in order to comply with his responsibilities under para-

graph (2), and in order to develop needed information

regarding potentially toxic substances or harmful physical

agents, may prescribe regulations requiring employers to

measure, record, and make reports on the exposure of

employees to substances or physical agents which the Sec-

retary of Health, Education, and Welfare reasonably

believes may endanger the health or safety of employees.

The Secretary of Health, Education, and Welfare also is

authorized to establish such programs of medical examina-

tions and tests as may be necessary for determining the

incidence of occupational illnesses and the susceptibility of

employees to such illnesses. Nothing in this or any other

Economic Boom and Social Transformation 1487

provision of this Act shall be deemed to authorize or

require medical examination, immunization, or treatment

for those who object thereto on religious grounds, except

where such is necessary for the protection of the health or

safety of others. Upon the request of any employer who is

required to measure and record exposure of employees to

substances or physical agents as provided under this sub-

section, the Secretary of Health, Education, and Welfare

shall furnish full financial or other assistance to such

employer for the purpose of defraying any additional

expense incurred by him in carrying out the measuring and

recording as provided in this subsection.

(6) The Secretary of Health, Education, and Welfare

shall publish within six months of enactment of this Act

and thereafter as needed but at least annually a list of all

known toxic substances by generic family or other useful

grouping, and the concentrations at which such toxicity is

known to occur. He shall determine following a written

request by any employer or authorized representative of

employees, specifying with reasonable particularity the

grounds on which the request is made, whether any sub-

stance normally found in the place of employment has

potentially toxic effects in such concentrations as used or

found; and shall submit such determination both to

employers and affected employees as soon as possible. If

the Secretary of Health, Education, and Welfare deter-

mines that any substance is potentially toxic at the concen-

trations in which it is used or found in a place of

employment, and such substance is not covered by an

occupational safety or health standard promulgated under

section 6, the Secretary of Health, Education, and Welfare

shall immediately submit such determination to the Secre-

tary, together with all pertinent criteria.

(7) Within two years of enactment of this Act, and

annually thereafter the Secretary of Health, Education,

and Welfare shall conduct and publish industrywide stud-

ies of the effect of chronic or low-level exposure to indus-

trial materials, processes, and stresses on the potential for

illness, disease, or loss of functional capacity in aging

adults.

(b) The Secretary of Health, Education, and Welfare

is authorized to make inspections and question employers

and employees as provided in section 8 of this Act in order

to carry out his functions and responsibilities under this

section.

agreements, or other arrangements with appropriate pub-

lic agencies or private organizations for the purpose of

conducting studies relating to his responsibilities under

this Act. In carrying out his responsibilities under this sub-

section, the Secretary shall cooperate with the Secretary of

Health, Education, and Welfare in order to avoid any

duplication of efforts under this section. . . .

* * *

Training and Employee Education

Sec. 21. (a) The Secretary of Health, Education, and

Welfare, after consultation with the Secretary and with

other appropriate Federal departments and agencies, shall

conduct, directly or by grants or contracts (1) education

programs to provide an adequate supply of qualified per-

sonnel to carry out the purposes of this Act, and (2) infor-

mational programs on the importance of and proper use of

adequate safety and health equipment.

(b) The Secretary is also authorized to conduct,

directly or by grants or contracts, short-term training of

personnel engaged in work related to his responsibilities

under this Act.

Health, Education, and Welfare, shall (1) provide for the

establishment and supervision of programs for the educa-

tion and training of employers and employees in the recog-

nition, avoidance, and prevention of unsafe or unhealthful

working conditions in employments covered by this Act,

and (2) consult with and advise employers and employees,

and organizations representing employers and employees

as to effective means of preventing occupational injuries

and illnesses.

National Institute for Occupational Safety and Health

Sec. 22. (a) It is the purpose of this section to estab-

lish a National Institute for Occupational Safety and

Health in the Department of Health, Education, and

Welfare. . . .

(b) There is hereby established in the Department of

Health, Education, and Welfare a National Institute for

Occupational Safety and Health. The Institute shall be

headed by a Director who shall be appointed by the Sec-

retary of Health, Education, and Welfare, and who shall

serve for a term of six years unless previously removed by

the Secretary of Health, Education, and Welfare.

(1) develop and establish recommended occupational

safety and health standards; and

(2) perform all functions of the Secretary of Health,

Education, and Welfare under sections 20 and 21 of this

Act.

(d) Upon his own initiative, or upon the request of the

Secretary or the Secretary of Health, Education, and Wel-

fare, the Director is authorized (1) to conduct such

research and experimental programs as he determines are

necessary for the development of criteria for new and

improved occupational safety and health standards, and (2)

after consideration of the results of such research and

experimental programs make recommendations concern-

ing new or improved occupational safety and health stan-

dards. Any occupational safety and health standard

recommended pursuant to this section shall immediately

1488 ERA 9: Postwar United States

be forwarded to the Secretary of Labor; and to the Secre-

tary of Health, Education, and Welfare.

* * *

(1) prescribe such regulations as he deems necessary

governing the manner in which its functions shall be car-

ried out;

* * *

Grants to the States

Sec. 23. (a) The Secretary is authorized, during the fis-

cal year ending June 30, 1971, and the two succeeding fis-

cal years, to make grants to the States which have

designated a State agency. . .

* * *

(g) The Workmen’s Compensation Commission is

authorized to enter into contracts with Federal or State

agencies, private firms, institutions, and individuals for

the conduct of research or surveys, the preparation of

reports, and other activities necessary to the discharge of

its duties.

* * *

Effective Date

Sec. 34. This Act shall take effect one hundred and

twenty days after the date of its enactment.

Approved December 29, 1970.

Source:

Statutes at Large, Vol. 84, pp. 1,590–1,620.

Cold War: U.S. International Relations 1489

Cold War: U.S. International Relations

Control of Atomic Energy, 1946

Joint declaration on control of atomic energy issued by U.S.

president Harry S. Truman, British prime minister Clement

Attlee, and Canadian prime minister W. L. Mackenzie King

November 15, 1946. In January 1946 the United Nations

Atomic Energy Commission was formed to establish interna-

tional control over atomic energy and devise a scheme for

nuclear disarmament. That June, Bernard M. Baruch, the U.S.

representative, presented to the commission America’s pro-

posal for relinquishing its atomic weapons monopoly under an

international security system. The Baruch Plan called for the

United States to stop nuclear weapons production, dispose of

its stockpiles, and disclose to a proposed international author-

ity its nuclear secrets. Irreconcilable U.S.-Soviet differences on

the issue produced a stalemate in the United Nations. On

November 15, after reaching a unified U.S.-Anglo-Canadian

position on atomic energy control, the three leaders released

their agreed declaration. Warning of the cataclysmic peril of

atomic weapons of mass destruction, it asserted that the whole

civilized world bore responsibility for seeing that atomic

energy be used for beneficial purposes rather than as an instru-

ment of war. The United Nations, it stated, must lead interna-

tional efforts to prevent nuclear weapons proliferation and

promote the peaceful use of atomic energy.

________________________

_______________________

The President of the United States, the Prime Minister of

the United Kingdom, and the Prime Minister of Canada

have issued the following statement:

1. We recognize that the application of recent scien-

tific discoveries to the methods and practice of war has

placed at the disposal of mankind means of destruction

hitherto unknown, against which there can be no adequate

military defense, and in the employment of which no sin-

gle nation can in fact have a monopoly.

2. We desire to emphasize that the responsibility for

devising means to insure that the new discoveries shall be

used for the benefit of mankind, instead of as a means of

destruction, rests not on our nations alone, but upon the

whole civilized world. Nevertheless, the progress that we

have made in the development and use of atomic energy

demands that we take an initiative in the matter, and we

have accordingly met together to consider the possibility of

international action—

(a) to prevent the use of atomic energy for destructive

purposes;

(b) to promote the use of recent and future advances

in scientific knowledge, particularly in the utilization of

atomic energy, for peaceful and humanitarian ends.

3. We are aware that the only complete protection for

the civilized world from the destructive use of scientific

knowledge lies in the prevention of war. No system of safe-

guards that can be devised will of itself provide an effective

guaranty against production of atomic weapons by a nation

bent on aggression. Nor can we ignore the possibility of

the development of other weapons or of new methods of

warfare which may constitute as great a threat to civiliza-

tion as the military use of atomic energy.

4. Representing, as we do, the three countries which

possess the knowledge essential to the use of atomic

energy, we declare at the outset our willingness, as a first

contribution, to proceed with the exchange of fundamen-

tal scientific information and the interchange of scientists

and scientific literature for peaceful ends with any nation

that will fully reciprocate.

5. We believe that the fruits of scientific research

should be made available to all nations, and that freedom

of investigation and free interchange of ideas are essential

to the progress of knowledge. In pursuance of this policy,

the basic scientific information essential to the develop-

ment of atomic energy for peaceful purposes has already

been made available to the world. It is our intention that

all further information of this character that may become

available from time to time should be similarly treated. We

trust that other nations will adopt the same policy, thereby

creating an atmosphere of reciprocal confidence in which

political agreement and cooperation will flourish.

6. We have considered the question of the disclosure

of detailed information concerning the practical indus-

trial application of atomic energy. The military exploita-

tion of atomic energy depends, in large part, upon the

same methods and processes as would be required for

industrial uses.

We are not convinced that the spreading of the spe-

cialized information regarding the practical application of

atomic energy, before it is possible to devise effective,

reciprocal, and enforceable safeguards acceptable to all

nations, would contribute to a constructive solution of the

problem of the atomic bomb. On the contrary, we think it

might have the opposite effect. We are, however, prepared

to share, on a reciprocal basis with others of the United

Nations, detailed information concerning the practical

industrial application of atomic energy just as soon as

effective enforceable safeguards against its use for destruc-

tive purposes can be devised.

7. In order to attain the most effective means of

entirely eliminating the use of atomic energy for destruc-

tive purposes and promoting its widest use for industrial

and humanitarian purposes, we are of the opinion that at

the earliest practicable date a commission should be set up

under the United Nations Organization to prepare recom-

mendations for submission to the Organization.

The Commission should be instructed to proceed with

the utmost dispatch and should be authorized to submit

recommendations from time to time dealing with separate

phases of its work.

In particular the Commission should make specific

proposals—

(a) for extending between all nations the exchange of

basic scientific information for peaceful ends;

(b) for control of atomic energy to the extent neces-

sary to insure its use only for peaceful purposes;

atomic weapons and of all other major weapons adaptable

to mass destruction;

(d) for effective safeguards by way of inspection and

other means to protect complying States against the haz-

ards of violations and evasions.

8. The work of the Commission should proceed by

separate stages, the successful completion of each one of

which will develop the necessary confidence of the world

before the next stage is undertaken. Specifically it is con-

sidered that Commission might well devote its attention

first to the wide exchange of scientists and scientific infor-

mation, and as a second stage to the development of full

knowledge concerning natural resources of raw materials.

9. Faced with the terrible realities of the application of

science to destruction, every nation will realize more ur-

gently than before the overwhelming need to maintain the

rule of law among nations and to banish the scourge of war

from the earth. This can only be brought about by giving

wholehearted support to the United Nations Organization,

and by consolidating and extending its authority, thus creat-

ing conditions of mutual trust in which all peoples will be

free to devote themselves to the arts of peace. It is our firm

resolve to work without reservation to achieve these ends.

Harry S. Truman,

President of the United States.

C.R. Attlee,

Prime Minister of the United

Kingdom.

W.L. Mackenzie King,

Prime Minister of Canada.

Source:

Henry Steele Commager, ed., Documents of American History;

Vol. 2, Since 1898. 9th ed. Englewood Cliffs, N.J.: Prentice

Hall, 1973, pp. 516–518.

Truman Doctrine, 1947

Doctrine enunciated by President Harry S. Truman in a

speech to Congress March 12, 1947, proclaiming a U.S.

1490 ERA 9: Postwar United States

commitment to help noncommunist countries resist Soviet

expansion. Truman, announcing this plan for the “contain-

ment” of communism, declared that American policy was “to

help free peoples to maintain their free institutions and their

national integrity against aggressive movements that seek to

impose upon them totalitarian regimes.” He asked Congress

for $400 million to support anticommunist factions fighting

in Greece and Turkey. Congress approved the request in May

1947, signaling a return to a policy of involvement in Euro-

pean affairs.

George F. Kennan, head of the State Department Policy

Planning Staff, first discussed containment policy in public in

an anonymous paper, “Sources of Soviet Conduct,” in the July

1947 issue of

Foreign Affairs

. The ambiguous language of the

article gave the impression that Kennan saw the USSR as a mil-

itary threat and advocated “a long term, patient but firm and

vigilant containment of Russian expansive tendencies” and

“the adroit and vigilant application of counterforce” against

the Soviet Union. However, he later insisted that he meant

“the political containment of a political threat” in this article.

In any case, Kennan became an outspoken dove, making pro-

nouncements against American involvement in Vietnam and,

as he approached his hundredth birthday, against President

George W. Bush’s plan to invade Iraq.

________________________

_______________________

Mr. Vice President, Mr. Speaker, Members of the Con-

gress of the United States:

The gravity of the situation which confronts the world

today necessitates my appearance before a joint session of

the Congress.

The foreign policy and the national security of this

country are involved.

One aspect of the present situation, which I present to

you at this time for your consideration and decision, con-

cerns Greece and Turkey.

The United States has received from the Greek Gov-

ernment an urgent appeal for financial and economic assis-

tance. Preliminary reports from the American Economic

Mission now in Greece and reports from the American

Ambassador in Greece corroborate the statement of the

Greek Government that assistance is imperative if Greece

is to survive as a free nation.

I do not believe that the American people and the

Congress wish to turn a deaf ear to the appeal of the Greek

Government.

Greece is not a rich country. Lack of sufficient natural

resources has always forced the Greek people to work hard

to make both ends meet. Since 1940, this industrious,

peace loving country has suffered invasion, four years of

cruel enemy occupation, and bitter internal strife.

When forces of liberation entered Greece they found

that the retreating Germans had destroyed virtually all

the railways, roads, port facilities, communications, and

merchant marine. More than a thousand villages had

been burned. Eighty-five percent of the children were

tubercular. Livestock, poultry, and draft animals had

almost disappeared. Inflation had wiped out practically all

savings.

As a result of these tragic conditions, a militant minor-

ity, exploiting human want and misery, was able to create

political chaos which, until now, has made economic recov-

ery impossible.

Greece is today without funds to finance the importa-

tion of those goods which are essential to bare subsistence.

Under these circumstances the people of Greece cannot

make progress in solving their problems of reconstruction.

Greece is in desperate need of financial and economic

assistance to enable it to resume purchases of food, cloth-

ing, fuel and seeds. These are indispensable for the subsis-

tence of its people and are obtainable only from abroad.

Greece must have help to import the goods necessary to

restore internal order and security so essential for eco-

nomic and political recovery.

The Greek Government has also asked for the assis-

tance of experienced American administrators, economists

and technicians to insure that the financial and other aid

given to Greece shall be used effectively in creating a sta-

ble and self-sustaining economy and in improving its pub-

lic administration.

The very existence of the Greek state is today threat-

ened by the terrorist activities of several thousand armed

men, led by Communists, who defy the government’s

authority at a number of points, particularly along the

northern boundaries. A Commission appointed by the

United Nations Security Council is at present investigating

disturbed conditions in northern Greece and alleged bor-

der violations along the frontier between Greece on the

one hand and Albania, Bulgaria, and Yugoslavia on the

other.

Meanwhile, the Greek Government is unable to cope

with the situation. The Greek army is small and poorly

equipped. It needs supplies and equipment if it is to

restore authority to the government throughout Greek ter-

ritory.

Greece must have assistance if it is to become a self-

supporting and self-respecting democracy.

The United States must supply this assistance. We

have already extended to Greece certain types of relief and

economic aid but these are inadequate.

There is no other country to which democratic Greece

can turn.

No other nation is willing and able to provide the nec-

essary support for a democratic Greek government.

The British Government, which has been helping

Greece, can give no further financial or economic aid after

Cold War: U.S. International Relations 1491

Rosenfeld Susan. Encyclopedia of American Historical Documents

Подождите немного. Документ загружается.