[Congressional Record Volume 152, Number 34 (Thursday, March 16, 2006)]
[Senate]
[Pages S2337-S2338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2448. A bill to increase the minimum penalties for violations of 
the Federal Mine Safety and Health Act of 1977, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I rise today to introduce the Mine Safety 
Enforcement, Reporting, and Training Act. This bill will raise the 
minimum fine for safety violations from $60 to $500, require coal mine 
operators to pay fines up front, require a public yearly report of fine 
payments, and double funding for education and training grants to 
States from $10 million to $20 million.
  The recent tragic events in West Virginia and Kentucky have captured 
the Nation's attention and exposed the serious dangers our miners face 
every day. Safety violations often result in injuries that cost miners 
their health, livelihood or lives. Safety inspectors have advised me 
that the fines need to be tougher when a company violates our safety 
laws and that we need to put more resources into training inspectors.
  The vast majority of fines issued in 2005 were under $100. 
Unfortunately, many multimillion dollar mining companies view these 
fines no worse than a minor speeding ticket. Hopefully, raising the 
minimum fine from $60 to $500 will prompt these companies to get 
serious about making safety improvements.
  Many coal operators are taking advantage of the current system which 
allows them to withhold payment of fines levied against them while 
negotiating to reduce the amount of those fines. From 2001 to 2003, 
more than two-thirds of all major fines were reduced from the original 
amount imposed by safety inspectors from the Mine Safety and Health 
Administration (MSHA). MSHA reports that of the fines that are 
appealed, the average reduction is 47 percent.
  Moreover, since 2001, almost half of all fines have not been 
collected. Federal records also show that in the last two years the 
federal mine safety agency has failed to hand over any delinquent cases 
to the Treasury Department for further collection efforts, as is 
supposed to occur after 180 days. I believe that a public report card 
of fine payments gives us the chance to grade these companies and make 
necessary changes before we have another tragic accident on our hands.
  Over the years, funding for education and training grants has 
steadily declined--seriously impacting the agency's ability to meet the 
training needs of individual States. Nationally, MSHA awards up to $10 
million in grants annually, and like many other states, my home state 
of Illinois has witnessed a reduction in grants in the past ten years, 
which is especially troublesome during a time of revived coal mining 
activity. State regulating agencies, such as the Illinois Office of 
Mines and Minerals, uses the funds it receives from MSHA to purchase 
safety vehicles, rescue training equipment and to

[[Page S2338]]

help train new coal mine employees. Not only are state mine agencies 
unable to purchase new equipment as old equipment wears out, but state 
agencies are having trouble purchasing modern mine rescue training 
equipment.
  I hope that my colleagues will join me in this effort to increase 
enforcement efforts, public reporting of violations, and education and 
training grants for the benefit of our coal miners across the country. 
Our coal miners deserve no less.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2448

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mine Safety Enforcement, 
     Reporting, and Training Act''.

     SEC. 2. INCREASED MINIMUM PENALTIES FOR, AND IMMEDIATE 
                   PAYMENT OF, MINE SAFETY VIOLATIONS.

       (a) Increased Minimum Penalties.--Section 110 of the 
     Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is 
     amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l) Minimum Penalty.--The amount of a fine or civil 
     penalty assessed for a violation of a mandatory health or 
     safety standard or other provision of this Act shall be not 
     less than $500.''; and
       (3) in subsection (g), by striking ``shall not be more than 
     $250'' and inserting ``shall be $500''.
       (b) Immediate Payment of Penalties.--Section 110(j) of the 
     Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(j)) 
     is amended by adding at the end the following: ``An operator 
     shall pay a civil penalty owed under this Act promptly after 
     such penalty is assessed and prior to contesting the penalty 
     before the Commission or appealing the decision to the 
     appropriate court.''.
       (c) Report.--Section 110 of the Federal Mine Safety and 
     Health Act of 1977 (30 U.S.C. 820) is further amended by 
     adding at the end the following:
       ``(n) Report.--
       ``(1) In general.--The Secretary shall annually prepare and 
     submit a report to Congress detailing, for the previous 
     fiscal year--
       ``(A) the amount of fines assessed under this Act for each 
     operator;
       ``(B) the amount of fines actually collected from each 
     operator; and
       ``(C) the total amount of fines assessed, and the total 
     amount of fines collected, under this Act.
       ``(2) Availability on internet.--The Secretary shall post 
     the report described in paragraph (1) on the website of the 
     Department of Labor in a conspicuous and prominent 
     location.''.

     SEC. 3. INCREASING AUTHORIZATION OF APPROPRIATIONS FOR HEALTH 
                   AND SAFETY GRANTS.

       Section 503(h) of the Federal Mine Safety and Health Act of 
     1977 (30 U.S.C. 953(h)) is amended in the first sentence by 
     striking ``$10,000,000'' and inserting ``$20,000,000''.
                                 ______