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Again, apropos of the Department of Interior's brotherly fraternal secrecy with the industry, secret meetings have been held in recent weeks with the industry to initiate discussions concerning the amendment of regulations. This is repugnant to everything that Congress stands for and it has said, in enacting this coal mine health and safety act, “There is no room or justification for any secrecy."

And in this case the minutes or the transcripts were not even provided. There was a representative from the United Mine Workers there. His role was minimal and his action was even less, apart from loud complaints verbally, not in a legal or other formal form.

The act provides in many of its provisions for numerous opportunities for authorized representatives of the miners to participate. This means the UMW and what has it been doing to avail itself of this important and rather unique access at various levels of the act! Virtually nothing.

The White House, the source of so much talk about law and order has done nothing about violence in the mines or crime in the mines. There has still not been a single sentence in any of Vice President Agnew's speeches concerning the depredation and exploitation of miners' health and safety occurring over a multistate area everyday and every night throughout the year.

The White House has done nothing except to try and appoint a Director for the Bureau of Mines whose qualifications and allegiances were such that they lead to the withdrawal of the candidacy. The Bureau has been without any leadership for over 6 months in the most critical period of its history and many posts under the director's level have not been filled.

I expressed my concern in a lengthy letter to Mr. John Ehrlichman, assistant to the President, which I will submit for the record, on June 17, 1970, about the nonenforcement of the safety provisions and the delays incurred by Interior. There has been no reply nor any acknowledgement of the letter to date.

I might say this is not surprising. The White House and the Justice Department have traditionally been focusing their attention on what they call street crime or what they call the kinds of violence incurred in demonstration on the streets. This is not that kind of violence. It is a silent violence, it is a lethal violence, it is a violence that is at the worksite, it is avoidable violence, it is a legally prescribed violence without legal enforcement. It affects hundreds of thousands of miners and their families. It has been going on for years. The companies are making incredible profits and not pouring some of them back for a decent and safe working place, but it is not the kind of violence as defined within the ambit of legal concern by the present administration.

Congress has shown little significant activity with the exception of a number of statements and the aforementioned lawsuit by three Members of the House of Representatives, Congressman Dent, Congressman Burton, and Congressman Hechler. Theso oversight hearings are welcome and it is hoped that answers will be forthcoming from the Department and the White House.

What are the miners to do when the major governmental institutions fail them, even after a strong law is passed compared with past legislation?

Our legal system is under severe test in this case. We have always explained the lack of administrative enforcement on the basis that there are huge loopholes and gaps and weaknesses in the enabling legislation.

Here is a bill that was passed with enormous effort on the part of Senators and Representatives over the combined opposition of the steel and the coal industry and some State officials and it is a bill that is mandatory in many areas, explicit, plugging loopholes, and it is still being flouted by the Department of Interior, the Bureau of the Mines, it is not being monitored in its flouting by the White House.

There is a total anarchy, institutionalized in the administrative branch of Government and I think it requires something more than a telegram of concern by any committee of Congress. I think it requires a demand for resignation, a demand for repudiation of these officials who have violated their oath of office and demand for disciplinary proceedings where such proceedings can be brought under the civil service law and other precedents.

The point here to be made is that unless these officials who flout the law, who don't enforce it, who connive with industry have something to lose in terms of their positions, their jobs, their prestige, this anarchy and this nonenforcement and this condoning of violence in the mines is going to continue unabated and Congressional hearings and telegrams and expressions of concern aren't going to do a thing except defer the conscience stricken nature of a number of concerned Members of Congress.

What are the miners to do when the major governmental institutions fail them even after a strong law is passed compared with past legislation? All they can do is to go out on wildcat strikes. This is their way of recognizing that the coal industry and the Department of Interior are outside the law, indeed are lawless.

A serious reevaluation is needed by Congress of the Department of Interior's capability to handle the job. Promotion of the coal industry and safety standards for the coal industry do not mix. They should be separated. In the meantime, however, the following is recommended:

1. A request should be made of the General Accounting Office to determine how the budgetary increases have been spent. 2. Members of Congress should go to court, if necessary, to

require the Department to enforce the spot inspections section of the law.

3. Congress should ask the Justice Department to render an opinion as to whether the Federal Tort Claims Act is being violated and what the risk of massive liability suits is under the present situation.

4. The subcommittee should demand a full explanation of the shocking and willful neglect of defending the Government in the Virginia case brought by the small coal operators.

5. The subcommittee should consider amendments which would deal with improving the enforceability of the various provisions of the act in terms also of more explicit accountability on the part of culpable officials.

6. There should be an effort to compensate those miners or their next of kin for injuries incurred because the Government failed to inspect or enforce the provisions of the law.

will turn to page 5 of your statement and I read again, and you are speaking of the miners and you say:

All they can do now is go out on wildcat strikes and this is their way of recognizing that the coal industry and the Department of Interior are outside of the law, indeed are lawless.

I think you might want to make a further statement in reference to that allegation.

Mr. Nader. Yes, sir. Thank you for giving me the opportunity, Senator.

My first reference would be to the bulk of hearings that were conducted by this very committee on the problem and that are being conducted. For example, these citations for violations, which are numbering in the thousands, are allegations that the law has been violated and that penalties would have been imposed if it were not for the injunction brought by the small coal mine operators.

Throughout the last 10 or 15 years, there has been placed on the House and Senate committee records the tremendous number of violations of Federal law and of State law by mines and mine operators of all sizes. I might also add that my testimony alludes to a number of areas where the Department of the Interior is not obeying the new Coal Mine Ilealth and Safety Act.

We can go further, if you wish. For example, the coal mine or tho coal industry in West Virginia has been a notoriously low payer of property taxes, with all kinds of irregularities, detailed in an impressive fashion by the McAteer report, the report of the West Virginia graduate students, which I understand you helped support but if you want to stick to the coal mine health and safety area, and not to drastically small contributions to the local governmental units by these giant corporations holding these very valuable underground assets, we can concentrate on the kinds of records that Interior is providing the committee and indeed any citizens that request them.

Senator RANDOLPII. Mr. Chairman, I thank Mr. Nader for more fully explaining the two items that I brought to his attention. I think he is very strongly of the opinion that the aspects of coverage within the Department of the Interior, through the Bureau of Mines, makes it impossible to have compatibility between these comments that have been given. This, I have to say for the record, causes me concern, and has for some time.

Also, in reference to his further discussion of the breaking of the law, I think this is important. He delineates that he had a further explanation of his thinking in this regard. Mr. Nader has made reference to my contribution. It was a personal one, and I was glad to make it. Certainly it will be my continuous desire to contribute what I can personally and officially to the oversight in seeking the truth with reference to not only the administration of this act but of other acts of the Congress.

I can join you in saying that I think the action of the Congress in the passage of the law which has been signed by the President of the United States has often and is now being subverted and I think that it is not just a question of judgment within an agency or agencies. I think there is actual flouting of the mandate of the Congress of the United States.

Thank you, Mr. Chairman.

power if they want to exercise it and great evidence collecting capability to persuade a court of law or equity to move in furtherance of their complaints. They have not done so.

Senator WILLIAMS. Your third recommendation deals with the possibility of claim under the Federal Tort Claims Act and the possibility of massive liability suits such as the present situation and this recommendation has a great deal of merit for us to ask the Justice Department to render an opinion in this area.

Mr. NADER. I might add in that context, for example, a coal miner by the name of August Mosden was killed on April 27, working for the Augle Bay Norton Co., St. Clairsville, Ohio, and I would request you obtain the Department of Interior's report of that accident to see what happens when the Department of Interior does not do the job as it is required to do under the law on inspections and approvals and to see the kind of connection that a lawyer for the widow of Mr. Mosden can make in a case against the Federal Government for $100,000 or $200,000 or $300,000 under the Federal Tort Claims Act. That is just one example.

You might request from the Department of Interior a list of all coal mine fatalities since the act went into effect and to ask their opinion whether the mines which were not inspected, not inspected as they should have been, involved a connection by virtue of that neglect with the casualties.

Senator RANDOLPH. Mr. Chairman, Mr. Nader, would you turn to your prepared statement where I read: "Once again the question is raised as to whether a Department should be permitted to combine a promotional subsidy role for an industry with its safety regulatory responsibility.”

I think I understand what you mean, but perhaps for the record you might cover this more fully?

Mr. NADER. Yes. This is a situation similar to the Atomic Energy Commission, which also has the combined role unique to the Western World I might add of promoting the rise of atomic energy and subsidizing and creating a private utility system utilizing atomic energy at the same time it has a responsibility for the safety of nuclear powerplants, radioactive waste transportation disposal and to some extent worker hazards.

The Department of Interior has long been given a promotional role. For example, traditionally, regardles of the profits of the coal industry, the bulk of coal mine research has been conducted by the Department of Interior. If my memory serves me correctly, I think this has gone up to $50 or $55 million a year and may now be on the edge of being phased down, however.

In addition, the Department of Interior has rendered very considerable help to the coal mine industry in improving its productivity, improving its use of coal and in doing the kinds of research and test analyses that will develop other more exotic uses for coal beyond simple energy uses. At the same time it has had the responsibility of safety.

There is no question that improved safety standards in the mines after years of neglect are going to involve initial added expenditures which will cut into profits and that is where the conflict comes in and that is where the countervailing allegiances and pressures are located.

Senator RANDOLPH. Thank you very much. Now, Mr. Nader, if you

will turn to page 5 of your statement and I read again, and you are speaking of the miners and you say:

All they can do now is go out on wildcat strikes and this is their way of recognizing that the coal industry and the Department of Interior are outside of the law, indeed are lawless.

I think you might want to make a further statement in reference to that allegation.

Mr. NADER. Yes, sir. Thank you for giving me the opportunity, Senator.

My first reference would be to the bulk of hearings that were conducted by this very committee on the problem and that are being conducted. For example, these citations for violations, which are numbering in the thousands, are allegations that the law has been violated and that penalties would have been imposed if it were not for the injunction brought by the small coal mine operators.

Throughout the last 10 or 15 years, there has been placed on the House and Senate committee records the tremendous number of violations of Federal law and of State law by mines and mine operators of all sizes. I might also add that my testimony alludes to a number of areas where the Department of the Interior is not obeying the new Coal Mine Health and Safety Act.

We can go further, if you wish. For example, the coal mine or the coal industry in West Virginia has been a notoriously low payer of property taxes, with all kinds of irregularities, detailed in an impressive fashion by the McAteer report, the report of the West Virginia graduate students, which I understand you helped support but if you want to stick to the coal mine health and safety area, and not to drastically small contributions to the local governmental units by these giant corporations holding these very valuable underground assets, we can concentrate on the kinds of records that Interior is providing the committee and indeed any citizens that request them.

Senator RANDOLPH. Mr. Chairman, I thank Mr. Nader for more fully explaining the two items that I brought to his attention. I think he is very strongly of the opinion that the aspects of coverage within the Department of the Interior, through the Bureau of Mines, makes it impossible to have compatibility between these comments that have been given. This, I have to say for the record, causes me concern, and has for some time.

Also, in reference to his further discussion of the breaking of the law, I think this is important. He delineates that he had a further explanation of his thinking in this regard. Mr. Nader has made reference to my contribution. It was a personal one, and I was glad to make it. Certainly it will be my continuous desire to contribute what I can personally and officially to the oversight in seeking the truth with reference to not only the administration of this act but of other acts of the Congress.

I can join you in saying that I think the action of the Congress in the passage of the law which has been signed by the President of the United States has often and is now being subverted and I think that it is not just a question of judgment within an agency or agencies. I think there is actual flouting of the mandate of the Congress of the United States.

Thank you, Mr. Chairman.

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