[Congressional Record Volume 152, Number 60 (Tuesday, May 16, 2006)]
[Senate]
[Pages S4619-S4621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENZI (for himself, Mr. Kennedy, Mr. Isakson, Mrs. Murray, 
        Mr. Rockefeller, Mr. Byrd, Mr. DeWine, and Mr. Santorum):
  S. 2803. A bill to amend the Federal Mine Safety and Health Act of 
1977 to improve the safety of mines and mining; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. ENZI. Mr. President, as the chairman of the Senate Committee on 
Health, Education, Labor and Pensions I am pleased to announce today 
the introduction of comprehensive legislation designed to make our 
Nation's mines and miners safer--the Mine Improvement and New Emergency 
Response Act of 2006, the MINER Act. I am particularly pleased to note 
that the MINER Act is the product of a truly bipartisan effort that 
includes Senator Kennedy, the committee's ranking member, Senators 
Isakson and Murray, the chair and ranking member of the Subcommittee on 
Employment and Workplace Safety, and Senators Rockefeller and Byrd. 
They have all worked tirelessly to make this bill a reality, and I am 
grateful for their leadership on this issue and their co-sponsorship of 
the MINER Act.
  Mining, and coal mining in particular, is vital to our national and 
local economies, and to our national energy security. No aspect of 
mining is more important than protecting the health and safety of those 
whose hard work fuels the industry.
  This year our Nation has experienced tragic losses in the coal mines 
of West Virginia. Following the accident at the Sago mine, Senators 
Isakson, Kennedy, Rockefeller, and I traveled to West Virginia to meet 
with the families of those miners whose lives were lost. We were all 
deeply moved by that experience, and committed to do our best to ensure 
that such tragedies will not be repeated. To further that commitment, 
we have sought the views of experts and stakeholders on a wide range of 
mine safety issues and have conducted hearings and roundtables on such 
issues as mine safety technology. In the MINER Act, we have done much 
to reach our common goal of safeguarding the lives of all those who 
work in our Nation's mines.

  The legislation we introduce today addresses the issue of mine safety 
in a variety of ways. First, the MINER Act would require the 
development of mine-specific emergency response plans that incorporate 
safety and technology provisions designed to enhance miner safety. In 
the area of technology, in particular, the MINER Act recognizes that as 
safety technology evolves, so, too, must our approach. Thus, the plans 
that are initially developed must be periodically modified to reflect 
such changes.
  Second, the MINER Act recognizes the critical role of mine rescue 
teams, and those who serve on them, in enhancing the safety of miners. 
The legislation directs the Secretary of Labor to issue regulations 
that will make new provisions for mine rescue teams, and it creates 
liability protection for those who serve on those teams and their 
employers.
  Third, the MINER Act recognizes that in emergencies the ability to 
craft a prompt response is dependent upon prompt notification. Thus, 
the MINER Act provides that in the case of serious life-threatening 
accidents notification must be made to Federal Mine Safety officials 
within 15 minutes.
  Fourth, the legislation recognizes that despite all efforts, 
accidents may occur in the future, and that in those instances MSHA 
should be prepared to provide assistance to and communicate with the 
families of those affected. Accordingly, the MINER Act requires MSHA to 
establish a policy to meet both of these objectives.
  Fifth, the legislation recognizes the key role of technology in 
improving mine safety and the key role of the National Institute of 
Occupational Safety and Health in advancing such technological 
development. The MINER Act establishes an Office of Mine Safety within 
NIOSH, a NIOSH-administered grant and contract program designed to 
foster the development and manufacture of new mine safety equipment, 
and a NIOSH-chaired interagency working group designed to facilitate 
the transfer of technology that may be adaptable to mine usage from 
such other Federal sources as the National Aeronautics and Space 
Administration, NASA, the Department of Defense. The bill also contains 
provisions to streamline the testing of new technologies.
  Sixth, the MINER Act recognizes there are some areas regarding 
technology and engineering and mining practice about which uncertainty 
remains. The MINER Act recognizes that such issues are better addressed 
with the informed assistance of experts. Thus, the MINER Act creates a 
technical study panel to review the belt air issue and directs further 
NIOSH study and testing regarding refuge chambers. It also requires the 
Secretary to utilize the regulatory process to issue final regulations 
regarding the strength of seals used in abandoned mining sections. 
These directives do not prejudge the issues or dictate any result or 
action. They do, however, provide an important means of developing a 
body of expert opinion with regard to these Issues.

  Seventh, throughout the development of this legislation my long-held 
view that the vast majority of mine operators take their safety 
responsibilities with great seriousness has been reinforced. The 
conscientious efforts of mine operators throughout the country have 
been the principal reason behind our continual improvement in mine 
safety over the years. We must recognize this essential fact even as we 
must also recognize that there are a handful of operators who do not 
fall in this camp. In the instance of these ``bad actors,'' the MINER 
Act provides tools MSHA can use to more readily deal with those who 
fail to pay civil penalties. The MINER Act codifies a tenfold increase 
in the available criminal penalties, and it creates an increased 
maximum for flagrant violators in line with the administration's 
proposal and creates minimum penalties for the most serious types of 
infractions.
  Lastly, the legislation recognizes that training and education play a 
critical role in the effort to make mines and miners safer. Therefore, 
the legislation contains scholarship provisions to address the 
anticipated shortages of trained miners and MSHA personnel as well as 
fostering the skills of those who will work on the next generation of 
mine safety technology. It also contains provisions for the 
establishment of a program to provide a full range of mine safety 
training grants.
  These steps, when taken together, will help make our nation's mines a 
safer workplace today and in years to come.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. ROCKEFELLER. Mr. President, it is my honor today to join 
with several of my distinguished colleagues to introduce S. 2803, the 
Mine Improvement and New Emergency Response,

[[Page S4620]]

MINER Act of 2006. This is the first time Congress has taken a critical 
look at mine safety since the 1970s. It will be the first significant 
update of statutory mine safety standards in a generation. The advances 
in this legislation represent long overdue health and safety 
improvements for our Nation's miners. The MINER Act will affect every 
mine and every miner in the country. When fully implemented by the Mine 
Safety and Health Administration, MSHA, and coal operators, the MINER 
Act will make the men and women who work in our Nation's coal mines 
safer than they have ever been.
  Like many Americans, I was transfixed by the coverage of the tragic 
events at the Sago Mine in Upshur County, WV, this past January. My 
heart went out to the families of the miners as they waited and prayed 
for--and were cruelly denied--a happy ending. Except for the brief 
elation when we learned of Randal McCloy's miraculous survival, we were 
all heartbroken by the devastating outcome. Because these were miners 
and families in my State of West Virginia and because for years I lived 
and worked in nearby Buckhannon, the tragedy at Sago hit very close to 
home for me. For current and retired miners and their families across 
the country, the deaths of the Sago miners were very much the deaths of 
brothers.
  When two more miners went missing after a fire in the Alma No. 1 mine 
near Melville, in Logan County, WV, I knew my place was there with the 
families. There was little that could be done to ease the anxiety of 
the miners' families while they waited and prayed together in the 
church in Melville, having themselves lived through the Sago tragedy. 
That day, I was standing with Governor Manchin at the mine mouth and we 
got the news that no one wanted to hear. We returned to the church to 
be with the families when they heard the words that crushed their hopes 
for another miracle. No parent or spouse should have to live through a 
moment like that ever again. It was clear that better mine safety 
regulation was essential.
  One positive consequence of the broad news coverage of the Sago and 
Alma tragedies was that the world got a glimpse of West Virginia at its 
best: people who work hard, love their families, and trust in their 
God. My trip to Upshur County to meet with the families--and then the 
immensely sad and too-familiar repeat 2 weeks later to sit and to 
grieve with families of the Alma miners in Logan County--inspired what 
I hope will be a more lasting and tangible result. It became my mission 
to substantially improve and make more rigorous health and safety 
standards in American coal mines. I believe the MINER Act is 
legislation that will fulfill those goals and is the very least we can 
do as we recall the Sago and Alma miners, as well as those who lost 
their lives at the Longbranch No. 18, Black Castle, Candice No. 2, and 
Jacob No. 1 mines in West Virginia and at other mines in Kentucky, 
Utah, Alabama, and Maryland just this year.
  The MINER Act amends the Federal Mine Safety and Health Act of 1977 
to do the following:
  Requires companies to submit to MSHA emergency preparedness and 
response plans, including requirements to deploy state-of-the-art 
technologies for two-way communications, miner tracking, improved 
breathing apparatuses, and lifelines. These improvements must be made 
immediately wherever feasible and no later than 3 years after 
enactment. Each miner must have enough breathable air accessible to 
last for a sustained period of time.
  Requires coal operators to supply miners with additional supplies of 
breathable air, both in working sections of coal mines and at intervals 
on escapeways so miners can walk out in the event of a disaster.
  Increases training on self-rescuers to make sure that technologies 
are properly deployed in the mine as soon as they become available.
  Requires operators to notify MSHA within 15 minutes of a disaster or 
face up to $60,000 in penalties.
  Improves the overall safety of miners by strengthening mine rescue 
team requirements for all underground mines. Now at least one miner per 
shift will have to be sufficiently familiar with the mine's operations 
to serve as a coordinator in the even of an accident, more miners will 
be rescue-trained, and response time will be cut in half--down to 1 
hour.
  Requires NIOSH to conduct research, including field testing, of 
refuge chambers and could result in the Secretary issuing a new 
regulation to require them.
  Creates an Office of Mine Safety in NIOSH to distribute mine safety 
research and development grants and to coordinate with other Government 
agencies on technology they use that might be adapted for mine safety 
purposes.
  Establishes a family liaison position for post-accident assistance to 
miners' families.
  Creates for the first time a schedule of higher minimum penalties for 
the most egregious health and safety violations--essentially doubling 
fines for serious violations.
  Tightens up MSHA fine collection procedures and gives MSHA new 
authority to shut down mines for failure to pay persistent violations.
  Requires the Secretary of Labor to improve standards for seals in 
abandoned areas of underground coal mines.
  Establishes a technical study panel made up of scientists and health 
and safety experts to review and report to the Secretaries of Labor and 
Health and Human Services on the use of ``belt air'' and the 
replacement of worn belts with fire-resistant materials.
  Creates three scholarship programs: for community college study in 
basic safety and mine skills for new miners; for college-level study 
leading toward employment with MSHA; and college and graduate study in 
mining-related disciplines.

  Creates the Brookwood-Sago Mine Safety Grants Program in the 
Department of Labor to fund education and training programs designed to 
identify, avoid, and prevent unsafe working conditions in and around 
mines.
  While television allowed the entire globe to look in on the 24-hour-
a-day vigils at Sago and then Alma, I received a number of calls of 
support and condolences from around the country and around the world. 
Among the first were calls from Senate Health, Education, Labor, and 
Pensions, HELP, Committee chairman Mike Enzi and his ranking Democrat 
member, Ted Kennedy. Chairman Enzi comes from a coal community in 
Wyoming and understands the bond between miners and their families. He 
also understands the hazards of mining coal, and he has been determined 
from the beginning to put out a good bill that can pass this Congress. 
I have known and admired Mike Enzi since he was the mayor of Gillette, 
WY, and I, while Governor of West Virginia, was serving as chairman of 
President Carter's Coal Commission. He is a fine and honest man, and it 
has been a pleasure to work with him on this vitally important 
legislation.
  As for Senator Kennedy, with the exception of his home State of 
Massachusetts, there can be few places where his long career in the 
Senate has had more positive impacts than in my State of West Virginia. 
Both Senator Kennedy and Senator Enzi expressed to me their heartfelt 
sorrow and their unshakable commitment to work with me on mine safety 
legislation in this Congress.
  That commitment had its first demonstration when Chairman Enzi, 
Senator Kennedy, and HELP Employment and Workplace Safety Subcommittee 
chairman Johnny Isakson joined me on a trip to Upshur County so they 
could sit with the families of the Sago miners, as well as with 
survivors of the accident and company officials. Few meetings that I 
have attended in my public career were as powerful as the more than 2 
hours we spent with the Sago families. But the commitment has been 
proven beyond all doubt as Chairman Enzi and Senators Kennedy, Isakson, 
Murray, and Byrd have worked with me to negotiate the MINER Act over 
the course of the last several months.
  We have had some differences of opinion and worked through issues in 
which we were all trying to accomplish the same goal but from 
occasionally different angles. The good will and conscientiousness that 
Chairman Enzi and Senator Isakson have shown in this process give me 
hope for greater bipartisan cooperation in the future. I am extremely 
grateful to them for their willingness to work through our honest 
differences.
  While I believe the MINER Act will result in greatly improved safety 
in

[[Page S4621]]

our mines, it is not the last word in health and safety protections for 
the men and women who work underground. More aggressive measures on 
mine safety may be needed. Chairman Enzi has produced a very good bill, 
but I would have included more definitive language to push the 
introduction of emergency refuge chambers in mines, and I would have 
prevented the use of belt air anywhere its use presents an unreasonable 
hazard to miners. In any event, miners should not have to wait much 
longer for Congress to act. Legislating can be a slow process, but in 
times of crisis--and I believe we are in a time of crisis in our 
mines--Congress must act.
  As we work to move this legislation through Congress, we must commit 
with equal dedication to ongoing oversight. I believe I have that 
commitment from the chairman of the HELP Committee. But we need to ask 
more of the administration also: in resources--real dollars; in a 
renewed dedication to an inspector workforce weakened by retirements 
and attrition; and in more vigilance on the part of mine inspectors, 
who must be willing to spend the time in those mines where safety 
concerns go unabated today. On the front lines, I believe our coal 
companies understand that safe mines are productive mines, and our 
miners come to work each day ready and willing to do their jobs in the 
safest way possible.
  I commit to work with my cosponsors and all in Congress and the 
administration who care about miners to get this bill enacted this year 
and to continue to improve mine safety even after the MINER Act 
passes.
  Mr. ENZI. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  (The bill will be printed in a future edition of the Record.)
                                 ______