[Congressional Record Volume 152, Number 66 (Wednesday, May 24, 2006)]
[Senate]
[Pages S5045-S5050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE ACT OF 2006

  Mr. McCONNELL. Mr. President, this is an important coal mine safety 
bill which has been cleared on both sides of the aisle.
  I commend Senator Kennedy and Senator Enzi for their extraordinary 
effort in putting this measure together on a broad bipartisan basis. As 
I indicated, it has been cleared on both sides of the aisle. It is time 
to pass this measure and hope that the House will act in short order.
  Therefore, I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 439, S. 2803.
  The PRESIDENT pro tempore. Without objection, it is so ordered. The 
clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2803) to amend the Federal Mine Safety and 
     Health Act of 1977 to improve the safety of mines and mining.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Health, Education, 
Labor, and Pensions, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mine Improvement and New 
     Emergency Response Act of 2006'' or the ``MINER Act''.

     SEC. 2. EMERGENCY RESPONSE.

       Section 316 of the Federal Mine Safety and Health Act of 
     1977 (30 U.S.C. 876) is amended--
       (1) in the section heading by adding at the end the 
     following: ``and emergency response plans'';
       (2) by striking ``Telephone'' and inserting ``(a) In 
     General.--Telephone''; and
       (3) by adding at the end the following:
       ``(b) Accident Preparedness and Response.--
       ``(1) In general.--Each underground coal mine operator 
     shall carry out on a continuing basis a program to improve 
     accident preparedness and response at each mine.
       ``(2) Response and preparedness plan.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of the Mine Improvement and New Emergency Response 
     Act of 2006, each underground coal mine operator shall 
     develop and adopt a written accident response plan that 
     complies with this subsection with respect to each mine of 
     the operator, and periodically update such plans to reflect 
     changes in operations in the mine, advances in technology, or 
     other relevant considerations. Each such operator shall make 
     the accident response plan available to the miners and the 
     miners' representatives.
       ``(B) Plan requirements.--An accident response plan under 
     subparagraph (A) shall--
       ``(i) provide for the evacuation of all individuals 
     endangered by an emergency; and
       ``(ii) provide for the maintenance of individuals trapped 
     underground in the event that miners are not able to evacuate 
     the mine.
       ``(C) Plan approval.--The accident response plan under 
     subparagraph (A) shall be subject to review and approval by 
     the Secretary. In determining whether to approve a particular 
     plan the Secretary shall take into consideration all comments 
     submitted by miners or their representatives. Approved plans 
     shall--
       ``(i) afford miners a level of safety protection at least 
     consistent with the existing standards, including standards 
     mandated by law and regulation;
       ``(ii) reflect the most recent credible scientific 
     research;
       ``(iii) be technologically feasible, make use of current 
     commercially available technology, and account for the 
     specific physical characteristics of the mine; and
       ``(iv) reflect the improvements in mine safety gained from 
     experience under this Act and other worker safety and health 
     laws.

[[Page S5046]]

       ``(D) Plan review.--The accident response plan under 
     subparagraph (A) shall be reviewed periodically, but at least 
     every 6 months, by the Secretary. In such periodic reviews, 
     the Secretary shall consider all comments submitted by miners 
     or miners' representatives and intervening advancements in 
     science and technology that could be implemented to enhance 
     miners' ability to evacuate or otherwise survive in an 
     emergency.
       ``(E) Plan content-general requirements.--To be approved 
     under subparagraph (C), an accident response plan shall 
     include the following:
       ``(i) Post-accident communications.--The plan shall provide 
     for a redundant means of communication with the surface for 
     persons underground, such as secondary telephone or 
     equivalent two-way communication.
       ``(ii) Post-accident tracking.--Consistent with 
     commercially available technology and with the physical 
     constraints, if any, of the mine, the plan shall provide for 
     above ground personnel to determine the current, or 
     immediately pre-accident, location of all underground 
     personnel. Any system so utilized shall be functional, 
     reliable, and calculated to remain serviceable in a post-
     accident setting.
       ``(iii) Post-accident breathable air.--The plan shall 
     provide for--

       ``(I) emergency supplies of breathable air for individuals 
     trapped underground sufficient to maintain such individuals 
     for a sustained period of time;
       ``(II) in addition to the 2 hours of breathable air per 
     miner required by law under the emergency temporary standard 
     as of the day before the date of enactment of the Mine 
     Improvement and New Emergency Response Act of 2006, caches of 
     self-rescuers providing in the aggregate not less than 2 
     hours per miner to be kept in escapeways from the deepest 
     work area to the surface at a distance of no further than an 
     average miner could walk in 30 minutes;
       ``(III) a maintenance schedule for checking the reliability 
     of self rescuers, retiring older self-rescuers first, and 
     introducing new self-rescuer technology, such as units with 
     interchangeable air or oxygen cylinders not requiring doffing 
     to replenish airflow and units with supplies of greater than 
     60 minutes, as they are approved by the Administration and 
     become available on the market; and
       ``(IV) training for each miner in proper procedures for 
     donning self-rescuers, switching from one unit to another, 
     and ensuring a proper fit.

       ``(iv) Post-accident lifelines.--The plan shall provide for 
     the use of flame-resistant directional lifelines or 
     equivalent systems in escapeways to enable evacuation. The 
     flame-resistance requirement of this clause shall apply upon 
     the replacement of existing lifelines, or, in the case of 
     lifelines in working sections, upon the earlier of the 
     replacement of such lifelines or 3 years after the date of 
     enactment of the Mine Improvement and New Emergency Response 
     Act of 2006.
       ``(v) Training.--The plan shall provide a training program 
     for emergency procedures described in the plan which will not 
     diminish the requirements for mandatory health and safety 
     training currently required under section 115.
       ``(vi) Local coordination.--The plan shall set out 
     procedures for coordination and communication between the 
     operator, mine rescue teams, and local emergency response 
     personnel and make provisions for familiarizing local rescue 
     personnel with surface functions that may be required in the 
     course of mine rescue work.
       ``(F) Plan content-specific requirements.--
       ``(i) In general.--In addition to the content requirements 
     contained in subparagraph (E), and subject to the 
     considerations contained in subparagraph (C), the Secretary 
     may make additional plan requirements with respect to any of 
     the content matters.
       ``(ii) Post accident communications.--Not later than 3 
     years after the date of enactment of the Mine Improvement and 
     New Emergency Response Act of 2006, a plan shall, to be 
     approved, provide for post accident communication between 
     underground and surface personnel via a wireless two-way 
     medium, and provide for an electronic tracking system 
     permitting surface personnel to determine the location of any 
     persons trapped underground or set forth within the plan the 
     reasons such provisions can not be adopted. Where such plan 
     sets forth the reasons such provisions can not be adopted, 
     the plan shall also set forth the operator's alternative 
     means of compliance. Such alternative shall approximate, as 
     closely as possible, the degree of functional utility and 
     safety protection provided by the wireless two-way medium and 
     tracking system referred to in this subpart.
       ``(G) Plan dispute resolution.--
       ``(i) In general.--Any dispute between the Secretary and an 
     operator with respect to the content of the operator's plan 
     or any refusal by the Secretary to approve such a plan shall 
     be resolved on an expedited basis.
       ``(ii) Disputes.--In the event of a dispute or refusal 
     described in clause (i), the Secretary shall issue a citation 
     which shall be immediately referred to a Commission 
     Administrative Law Judge. The Secretary and the operator 
     shall submit all relevant material regarding the dispute to 
     the Administrative Law Judge within 15 days of the date of 
     the referral. The Administrative Law Judge shall render his 
     or her decision with respect to the plan content dispute 
     within 15 days of the receipt of the submission.
       ``(iii) Further appeals.--A party adversely affected by a 
     decision under clause (ii) may pursue all further available 
     appeal rights with respect to the citation involved, except 
     that inclusion of the disputed provision in the plan will not 
     be limited by such appeal unless such relief is requested by 
     the operator and permitted by the Administrative Law Judge.
       ``(H) Maintaining protections for miners.--Notwithstanding 
     any other provision of this Act, nothing in this section, and 
     no response and preparedness plan developed under this 
     section, shall be approved if it reduces the protection 
     afforded miners by an existing mandatory health or safety 
     standard.''.

     SEC. 3. INCIDENT COMMAND AND CONTROL.

       Title I of the Federal Mine Safety and Health Act of 1977 
     (30 U.S.C. 811 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RESCUE 
                   OPERATIONS.

       ``(a) In General.--No person shall bring an action against 
     any covered individual or his or her regular employer for 
     property damage or an injury (or death) sustained as a result 
     of carrying out activities relating to mine accident rescue 
     or recovery operations. This subsection shall not apply where 
     the action that is alleged to result in the property damages 
     or injury (or death) was the result of gross negligence, 
     reckless conduct, or illegal conduct or, where the regular 
     employer (as such term is used in this Act) is the operator 
     of the mine at which the rescue activity takes place. Nothing 
     in this section shall be construed to preempt State workers' 
     compensation laws.
       ``(b) Covered Individual.--For purposes of subsection (a), 
     the term `covered individual' means an individual--
       ``(1) who is a member of a mine rescue team or who is 
     otherwise a volunteer with respect to a mine accident; and
       ``(2) who is carrying out activities relating to mine 
     accident rescue or recovery operations.
       ``(c) Regular Employer.--For purposes of subsection (a), 
     the term `regular employer' means the entity that is the 
     covered employee's legal or statutory employer pursuant to 
     applicable State law.''.

     SEC. 4. MINE RESCUE TEAMS.

       Section 115(e) of the Federal Mine Safety and Health Act of 
     1977 (30 U.S.C. 825(e)) is amended--
       (1) by inserting ``(1)'' after the subsection designation; 
     and
       (2) by adding at the end the following:
       ``(2)(A) The Secretary shall issue regulations with regard 
     to mine rescue teams which shall be finalized and in effect 
     not later than 18 months after the date of enactment of the 
     Mine Improvement and New Emergency Response Act of 2006.
       ``(B) Such regulations shall provide for the following:
       ``(i) That such regulations shall not be construed to waive 
     operator training requirements applicable to existing mine 
     rescue teams.
       ``(ii) That the Mine Safety and Health Administration shall 
     establish, and update every 5 years thereafter, criteria to 
     certify the qualifications of mine rescue teams.
       ``(iii)(I) That the operator of each underground coal mine 
     with more than 36 employees--
       ``(aa) have an employee knowledgeable in mine emergency 
     response who is employed at the mine on each shift at each 
     underground mine; and
       ``(bb) make available two certified mine rescue teams whose 
     members--
       ``(AA) are familiar with the operations of such coal mine;
       ``(BB) participate at least annually in two local mine 
     rescue contests;
       ``(CC) participate at least annually in mine rescue 
     training at the underground coal mine covered by the mine 
     rescue team; and
       ``(DD) are available at the mine within one hour ground 
     travel time from the mine rescue station.
       ``(II)(aa) For the purpose of complying with subclause (I), 
     an operator shall employ one team that is either an 
     individual mine site mine rescue team or a composite team as 
     provided for in item (bb)(BB).
       ``(bb) The following options may be used by an operator to 
     comply with the requirements of item (aa):
       ``(AA) An individual mine-site mine rescue team.
       ``(BB) A multi-employer composite team that is made up of 
     team members who are knowledgeable about the operations and 
     ventilation of the covered mines and who train on a semi-
     annual basis at the covered underground coal mine--
       ``(aaa) which provides coverage for multiple operators that 
     have team members which include at least two active employees 
     from each of the covered mines;
       ``(bbb) which provides coverage for multiple mines owned by 
     the same operator which members include at least two active 
     employees from each mine; or
       ``(ccc) which is a State-sponsored mine rescue team 
     comprised of at least two active employees from each of the 
     covered mines.
       ``(CC) A commercial mine rescue team provided by contract 
     through a third-party vendor or mine rescue team provided by 
     another coal company, if such team--
       ``(aaa) trains on a quarterly basis at covered underground 
     coal mines;
       ``(bbb) is knowledgeable about the operations and 
     ventilation of the covered mines; and
       ``(ccc) is comprised of individuals with a minimum of 3 
     years underground coal mine experience that shall have 
     occurred within the 10-year period preceding their employment 
     on the contract mine rescue team.
       ``(DD) A State-sponsored team made up of State employees.
       ``(iv) That the operator of each underground coal mine with 
     36 or less employees shall--
       ``(I) have an employee on each shift who is knowledgeable 
     in mine emergency responses; and
       ``(II) make available two certified mine rescue teams whose 
     members--
       ``(aa) are familiar with the operations of such coal mine;
       ``(bb) participate at least annually in two local mine 
     rescue contests;

[[Page S5047]]

       ``(cc) participate at least semi-annually in mine rescue 
     training at the underground coal mine covered by the mine 
     rescue team;
       ``(dd) are available at the mine within one hour ground 
     travel time from the mine rescue station;
       ``(ee) are knowledgeable about the operations and 
     ventilation of the covered mines; and
       ``(ff) are comprised of individuals with a minimum of 3 
     years underground coal mine experience that shall have 
     occurred within the 10-year period preceding their employment 
     on the contract mine rescue team.''.

     SEC. 5. PROMPT INCIDENT NOTIFICATION.

       (a) In General.--Section 103(j) of the Federal Mine Safety 
     and Health Act of 1977 (30 U.S.C. 813(j)) is amended by 
     inserting after the first sentence the following: ``For 
     purposes of the preceding sentence, the notification required 
     shall be provided by the operator within 15 minutes of the 
     time at which the operator realizes that the death of an 
     individual at the mine, or an injury or entrapment of an 
     individual at the mine which has a reasonable potential to 
     cause death, has occurred.''.
       (b) Penalty.--Section 110(a) of the Federal Mine Safety and 
     Health Act of 1977 (30 U.S.C. 820(a)) is amended--
       (1) by striking ``The operator'' and inserting ``(1) The 
     operator''; and
       (2) by adding at the end the following:
       ``(2) The operator of a coal or other mine who fails to 
     provide timely notification to the Secretary as required 
     under section 103(j) (relating to the 15 minute requirement) 
     shall be assessed a civil penalty by the Secretary of not 
     less than $5,000 and not more than $60,000.''.

     SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND 
                   HEALTH.

       (a) Grants.--Section 22 of the Occupational Safety and 
     Health Act of 1970 (29 U.S.C. 671) is amended by adding at 
     the end the following:
       ``(h) Office of Mine Safety and Health.--
       ``(1) In general.--There shall be permanently established 
     within the Institute an Office of Mine Safety and Health 
     which shall be administered by an Associate Director to be 
     appointed by the Director.
       ``(2) Purpose.--The purpose of the Office is to enhance the 
     development of new mine safety technology and technological 
     applications and to expedite the commercial availability and 
     implementation of such technology in mining environments.
       ``(3) Functions.--In addition to all purposes and 
     authorities provided for under this section, the Office of 
     Mine Safety and Health shall be responsible for research, 
     development, and testing of new technologies and equipment 
     designed to enhance mine safety and health. To carry out such 
     functions the Director of the Institute, acting through the 
     Office, shall have the authority to--
       ``(A) award competitive grants to institutions and private 
     entities to encourage the development and manufacture of mine 
     safety equipment;
       ``(B) award contracts to educational institutions or 
     private laboratories for the performance of product testing 
     or related work with respect to new mine technology and 
     equipment; and
       ``(C) establish an interagency working group as provided 
     for in paragraph (5).
       ``(4) Grant authority.--To be eligible to receive a grant 
     under the authority provided for under paragraph (3)(A), an 
     entity or institution shall--
       ``(A) submit to the Director of the Institute an 
     application at such time, in such manner, and containing such 
     information as the Director may require; and
       ``(B) include in the application under subparagraph (A), a 
     description of the mine safety equipment to be developed and 
     manufactured under the grant and a description of the reasons 
     that such equipment would otherwise not be developed or 
     manufactured, including reasons relating to the limited 
     potential commercial market for such equipment.
       ``(5) Interagency working group.--
       ``(A) Establishment.--The Director of the Institute, in 
     carrying out paragraph (3)(D) shall establish an interagency 
     working group to share technology and technological research 
     and developments that could be utilized to enhance mine 
     safety and accident response.
       ``(B) Membership.--The working group under subparagraph (A) 
     shall be chaired by the Associate Director of the Office who 
     shall appoint the members of the working group, which may 
     include representatives of other Federal agencies or 
     departments as determined appropriate by the Associate 
     Director.
       ``(C) Duties.--The working group under subparagraph (A) 
     shall conduct an evaluation of research conducted by, and the 
     technological developments of, agencies and departments who 
     are represented on the working group that may have 
     applicability to mine safety and accident response and make 
     recommendations to the Director for the further development 
     and eventual implementation of such technology.
       ``(6) Annual report.--Not later than 1 year after the 
     establishment of the Office under this subsection, and 
     annually thereafter, the Director of the Institute shall 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a report that, with 
     respect to the year involved, describes the new mine safety 
     technologies and equipment that have been studied, tested, 
     and certified for use, and with respect to those instances of 
     technologies and equipment that have been considered but not 
     yet certified for use, the reasons therefore.
       ``(7) Authorization of appropriations.--There is authorized 
     to be appropriated, such sums as may be necessary to enable 
     the Institute and the Office of Mine Safety and Health to 
     carry out this subsection.''.

     SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS.

       The Secretary of Labor shall establish a policy that--
       (1) requires the temporary assignment of an individual 
     Department of Labor official to be a liaison between the 
     Department and the families of victims of mine tragedies 
     involving multiple deaths;
       (2) requires the Mine Safety and Health Administration to 
     be as responsive as possible to requests from the families of 
     mine accident victims for information relating to mine 
     accidents; and
       (3) requires that in such accidents, that the Mine Safety 
     and Health Administration shall serve as the primary 
     communicator with the operator, miners' families, the press 
     and the public.

     SEC. 8. PENALTIES.

       (a) In General.--Section 110 of the Federal Mine Safety and 
     Health Act of 1977 (30 U.S.C. 820) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' after the subsection designation; 
     and
       (B) by adding at the end the following:
       ``(2) Any operator who willfully violates a mandatory 
     health or safety standard, or knowingly violates or fails or 
     refuses to comply with any order issued under section 104 and 
     section 107, or any order incorporated in a final decision 
     issued under this title, except an order incorporated in a 
     decision under paragraph (1) or section 105(c), shall, upon 
     conviction, be punished by a fine of not more than $250,000, 
     or by imprisonment for not more than one year, or by both, 
     except that if the conviction is for a violation committed 
     after the first conviction of such operator under this Act, 
     punishment shall be by a fine of not more than $500,000, or 
     by imprisonment for not more than five years, or both.
       ``(3)(A) The minimum penalty for any citation or order 
     issued under section 104(d)(1) shall be $2,000.
       ``(B) The minimum penalty for any order issued under 
     section 104(d)(2) shall be $4,000.
       ``(4) Nothing in this subsection shall be construed to 
     prevent an operator from obtaining a review, in accordance 
     with section 106, of an order imposing a penalty described in 
     this subsection. If a court, in making such review, sustains 
     the order, the court shall apply at least the minimum 
     penalties required under this subsection.''; and
       (2) by adding at the end of subsection (b) the following: 
     ``Violations under this section that are deemed to be 
     flagrant may be assessed a civil penalty of not more than 
     $220,000. For purposes of the preceding sentence, the term 
     `flagrant' with respect to a violation means a reckless or 
     repeated failure to make reasonable efforts to eliminate a 
     known violation of a mandatory health or safety standard that 
     substantially and proximately caused, or reasonably could 
     have been expected to cause, death or serious bodily 
     injury.''.
       (b) Regulations.--Not later than December 30, 2006, the 
     Secretary of Labor shall promulgate final regulations with 
     respect to penalties.

     SEC. 9. FINE COLLECTIONS.

       Section 108(a)(1)(A) of the Federal Mine Safety and Health 
     Act of 1977 (30 U.S.C. 818(a)(1)(A)) is amended by inserting 
     before the comma, the following: ``, or fails or refuses to 
     comply with any order or decision, including a civil penalty 
     assessment order, that is issued under this Act''.

     SEC. 10. SEALING OF ABANDONED AREAS.

       Not later than 18 months after the issuance by the Mine 
     Safety and Health Administration of a final report on the 
     Sago Mine accident or the date of enactment of the Mine 
     Improvement and New Emergency Response Act of 2006, whichever 
     occurs earlier, the Secretary of Labor shall finalize 
     mandatory heath and safety standards relating to the sealing 
     of abandoned areas in underground coal mines. Such health and 
     safety standards shall provide for an increase in the 20 psi 
     standard currently set forth in section 75.335(a)(2) of title 
     30, Code of Federal Regulations.

     SEC. 11. TECHNICAL STUDY PANEL.

       Title V of the Federal Mine Safety and Health Act of 1977 
     (30 U.S.C. 951 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 514. TECHNICAL STUDY PANEL.

       ``(a) Establishment.--There is established a Technical 
     Study Panel (referred to in this section as the `Panel') 
     which shall provide independent scientific and engineering 
     review and recommendations with respect to the utilization of 
     belt air and the composition and fire retardant properties of 
     belt materials in underground coal mining.
       ``(b) Membership.--The Panel shall be composed of--
       ``(1) two individuals to be appointed by the Secretary of 
     Health and Human Services, in consultation with the Director 
     of the National Institute for Occupational Safety and Health 
     and the Associate Director of the Office of Mine Safety;
       ``(2) two individuals to be appointed by the Secretary of 
     Labor, in consultation with the Assistant Secretary for Mine 
     Safety and Health; and
       ``(3) two individuals, one to be appointed jointly by the 
     majority leaders of the Senate and House of Representatives 
     and one to be appointed jointly by the minority leader of the 
     Senate and House of Representatives, each to be appointed 
     prior to the sine die adjournment of the second session of 
     the 109th Congress.
       ``(c) Qualifications.--Four of the six individuals 
     appointed to the Panel under subsection (b) shall possess a 
     masters or doctoral level degree in mining engineering or 
     another scientific field demonstrably related to the subject 
     of the report. No individual appointed to the Panel shall be 
     an employee of any coal or other mine, or of

[[Page S5048]]

     any labor organization, or of any State or Federal agency 
     primarily responsible for regulating the mining industry.
       ``(d) Report.--
       ``(1) In general.--Not later than 1 year after the date on 
     which all members of the Panel are appointed under subsection 
     (b), the Panel shall prepare and submit to the Secretary of 
     Labor, the Secretary of Health and Human Services, the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, and the Committee on Education and the Workforce of 
     the House of Representatives a report concerning the 
     utilization of belt air and the composition and fire 
     retardant properties of belt materials in underground coal 
     mining.
       ``(2) Response by secretary.--Not later than 180 days after 
     the receipt of the report under paragraph (1), the Secretary 
     of Labor shall provide a response to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives containing a description of the actions, if 
     any, that the Secretary intends to take based upon the 
     report, including proposing regulatory changes, and the 
     reasons for such actions.
       ``(e) Compensation.--Members appointed to the panel, while 
     carrying out the duties of the Panel shall be entitled to 
     receive compensation, per diem in lieu of subsistence, and 
     travel expenses in the same manner and under the same 
     conditions as that prescribed under section 208(c) of the 
     Public Health Service Act.''.

     SEC. 12. SCHOLARSHIPS.

       Title V of the Federal Mine Safety and Health Act of 1977 
     (30 U.S.C. 951 et seq.), as amended by section 11, is further 
     amended by adding at the end the following:

     ``SEC. 515. SCHOLARSHIPS.

       ``(a) Establishment.--The Secretary of Education (referred 
     to in this section as the `Secretary'), in consultation with 
     the Secretary of Labor and the Secretary of Health and Human 
     Services, shall establish a program to provide scholarships 
     to eligible individuals to increase the skilled workforce for 
     both private sector coal mine operators and mine safety 
     inspectors and other regulatory personnel for the Mine Safety 
     and Health Administration.
       ``(b) Fundamental Skills Scholarships.--
       ``(1) In general.--Under the program under subsection (a), 
     the Secretary may award scholarship to fully or partially pay 
     the tuition costs of eligible individuals enrolled in 2-year 
     associate's degree programs at community colleges or other 
     colleges and universities that focus on providing the 
     fundamental skills and training that is of immediate use to a 
     beginning coal miner.
       ``(2) Skills.--The skills described in paragraph (1) shall 
     include basic math, basic health and safety, business 
     principles, management and supervisory skills, skills related 
     to electric circuitry, skills related to heavy equipment 
     operations, and skills related to communications.
       ``(3) Eligibility.--To be eligible to receive a scholarship 
     under this subsection an individual shall--
       ``(A) have a high school diploma or a GED;
       ``(B) have at least 2 years experience in full-time 
     employment in mining or mining-related activities;
       ``(C) submit to the Secretary an application at such time, 
     in such manner, and containing such information; and
       ``(D) demonstrate an interest in working in the field of 
     mining and performing an internship with the Mine Safety and 
     Health Administration or the National Institute for 
     Occupational Safety and Health Office of Mine Safety.
       ``(c) Mine Safety Inspector Scholarships.--
       ``(1) In general.--Under the program under subsection (a), 
     the Secretary may award scholarship to fully or partially pay 
     the tuition costs of eligible individuals enrolled in 
     undergraduate bachelor's degree programs at accredited 
     colleges or universities that provide the skills needed to 
     become mine safety inspectors.
       ``(2) Skills.--The skills described in paragraph (1) 
     include skills developed through programs leading to a degree 
     in mining engineering, civil engineering, mechanical 
     engineering, electrical engineering, industrial engineering, 
     environmental engineering, industrial hygiene, occupational 
     health and safety, geology, chemistry, or other fields of 
     study related to mine safety and health work.
       ``(3) Eligibility.--To be eligible to receive a scholarship 
     under this subsection an individual shall--
       ``(A) have a high school diploma or a GED;
       ``(B) have at least 5 years experience in full-time 
     employment in mining or mining-related activities;
       ``(C) submit to the Secretary an application at such time, 
     in such manner, and containing such information; and
       ``(D) agree to be employed for a period of at least 5 years 
     at the Mine Safety and Health Administration or, to repay, on 
     a pro-rated basis, the funds received under this program, 
     plus interest, at a rate established by the Secretary upon 
     the issuance of the scholarship.
       ``(d) Advanced Research Scholarships.--
       ``(1) In general.--Under the program under subsection (a), 
     the Secretary may award scholarships to fully or partially 
     pay the tuition costs of eligible individuals enrolled in 
     undergraduate bachelor's degree, masters degree, and Ph.D. 
     degree programs at accredited colleges or universities that 
     provide the skills needed to augment and advance research in 
     mine safety and to broaden, improve, and expand the universe 
     of candidates for mine safety inspector and other regulatory 
     positions in the Mine Safety and Health Administration.
       ``(2) Skills.--The skills described in paragraph (1) 
     include skills developed through programs leading to a degree 
     in mining engineering, civil engineering, mechanical 
     engineering, electrical engineering, industrial engineering, 
     environmental engineering, industrial hygiene, occupational 
     health and safety, geology, chemistry, or other fields of 
     study related to mine safety and health work.
       ``(3) Eligibility.--To be eligible to receive a scholarship 
     under this subsection an individual shall--
       ``(A) have a bachelor's degree or equivalent from an 
     accredited 4-year institution;
       ``(B) have at least 5 years experience in full-time 
     employment in underground mining or mining-related 
     activities; and
       ``(C) submit to the Secretary an application at such time, 
     in such manner, and containing such information.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.''.

     SEC. 13. RESEARCH CONCERNING REFUGE ALTERNATIVES.

       (a) In General.--The National Institute of Occupational 
     Safety and Health shall provide for the conduct of research, 
     including field tests, concerning the utility, practicality, 
     survivability, and cost of various refuge alternatives in an 
     underground coal mine environment, including commercially-
     available portable refuge chambers.
       (b) Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the National Institute for 
     Occupational Safety and Health shall prepare and submit to 
     the Secretary of Labor, the Secretary of Health and Human 
     Services, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, and the Committee on Education and 
     the Workforce of the House of Representatives a report 
     concerning the results of the research conducted under 
     subsection (a), including any field tests.
       (2) Response by secretary.--Not later than 180 days after 
     the receipt of the report under paragraph (1), the Secretary 
     of Labor shall provide a response to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives containing a description of the actions, if 
     any, that the Secretary intends to take based upon the 
     report, including proposing regulatory changes, and the 
     reasons for such actions.

     SEC. 14. BROOKWOOD-SAGO MINE SAFETY GRANTS.

       (a) In General.--The Secretary of Labor shall establish a 
     program to award competitive grants for education and 
     training, to be known as Brookwood-Sago Mine Safety Grants, 
     to carry out the purposes of this section.
       (b) Purposes.--It is the purpose of this section, to 
     provide for the funding of education and training programs to 
     better identify, avoid, and prevent unsafe working conditions 
     in and around mines.
       (c) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       (1) be a public or private nonprofit entity; and
       (2) submit to the Secretary of Labor an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       (d) Use of Funds.--Amounts received under a grant under 
     this section shall be used to establish and implement 
     education and training programs, or to develop training 
     materials for employers and miners, concerning safety and 
     health topics in mines, as determined appropriate by the Mine 
     Safety and Health Administration.
       (e) Awarding of Grants.--
       (1) Annual basis.--Grants under this section shall be 
     awarded on an annual basis.
       (2) Special emphasis.--In awarding grants under this 
     section, the Secretary of Labor shall give special emphasis 
     to programs and materials that target workers in smaller 
     mines, including training miners and employers about new Mine 
     Safety and Health Administration standards, high risk 
     activities, or hazards identified by such Administration.
       (3) Priority.--In awarding grants under this section, the 
     Secretary of Labor shall give priority to the funding of 
     pilot and demonstration projects that the Secretary 
     determines will provide opportunities for broad applicability 
     for mine safety.
       (f) Evaluation.--The Secretary of Labor shall use not less 
     than 1 percent of the funds made available to carry out this 
     section in a fiscal year to conduct evaluations of the 
     projects funded under grants under this section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal year, such sums as may be 
     necessary to carry out this section.

 Mr. ENZI. Mr. President, I rise today to voice my support for 
the Mine Improvement and New Emergency Response Act of 2006. This 
legislation, The MINER Act, represents the most comprehensive overhaul 
of our Nation's mine safety laws in a generation.
  S. 2803, was unanimously reported out last week by the Committee on 
Health, Education, Labor, and Pensions. It is the product of a truly 
bipartisan effort undertaken with the single goal of improving the 
safety of our Nation's miners. I would like to thank Senator Kennedy, 
the ranking member of the HELP Committee, Senators Isakson and Murray, 
the chair and ranking member of the Subcommittee on Employment and 
Workplace Safety; and Senators Byrd and Rockefeller of West Virginia 
for their long and tireless efforts in fashioning this legislation. I 
would also like to express my

[[Page S5049]]

thanks to Senators DeWine, Santorum, Specter, McConnell, and Bunning 
for their cosponsorship of this legislation.
  This year we have witnessed a series of tragic losses in the coal 
mining community. The year began with the deadly accidents at the Sago 
and Alma mines in West Virginia. It continued this weekend with the 
deaths of five miners in a coal mine explosion in eastern Kentucky. 
Nothing we can do here can bring back those whose lives have been lost. 
We can, however, best honor those who have lost their lives by making 
such accidents less likely in the future, and making it more likely 
that miners will survive such accidents when they do occur. That is the 
aim of the MINER Act.
  The MINER Act would require that coal mines develop and continuously 
update emergency response and preparedness plans that are designed to 
make mining accidents more survivable. These plans will incorporate 
technological advances designed to enhance surface to underground 
communication, to aid in the location of underground personnel, and to 
provide additional breathable air for miners that are trapped 
underground. The legislation codifies the requirements for mine rescue 
teams, affords protections for these heroic volunteers, and ensures 
that they, and other necessary Federal resources, will be promptly 
called upon when an emergency occurs.
  The bill further recognizes that the development of mine safety 
technology, and the education and training of all those who work in the 
industry are vital elements in the effort to improve mine safety. Thus, 
the legislation enhances the mine safety research and development 
efforts of the National Institute of Occupational Safety and Health. It 
encourages private sector technology development, and speeds the 
approval of new equipment. It also provides a mechanism for sharing 
technical research and development among Federal agencies. The bill 
will also provide grants for additional safety training, and 
scholarship funds for mine safety related education.
  In addition, the legislation recognizes the fact that despite the 
tragedies of this year, the safety record in the mining industry has 
been a good one that continues to improve. This has been due to the 
concerted efforts of State and Federal regulators, mine employees, and 
mine operators, the vast majority of whom are serious and steadfast in 
meeting their workplace safety responsibilities. However, there are a 
few operators that fall outside the mold; thus, the legislation 
contains enhanced penalty provisions targeted at these few ``bad 
actors.''
  Those who work in our Nation's mines play a vital role in our 
country's economic well-being and energy security. They deserve our 
best efforts to provide for their protection as they perform their 
often dangerous work. I believe that the MINER Act does make major 
safety improvements that will better protect miners both today and in 
years to come.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to, the bill, as amended, be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDENT pro tempore. Is there objection?
  Mr. KENNEDY. Mr. President, I ask unanimous consent to be able to 
proceed for just 2 minutes on this issue.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, I welcome the fact that the Senator from 
Kentucky has advanced this issue this morning and ensured that the 
legislation was going to be passed. I wish to pay tribute to my 
chairman, Senator Enzi. Within hours of the Sago mine disaster, he 
notified our committee that we would go as a committee down to visit 
the Sago mine. We spent hours with the families of Sago, came back 
immediately, had an informal hearing to get early reactions and 
responses about things that could be done immediately, and then 
structured a whole series of hearings. We had very extensive markups on 
those hearings.
  This legislation has the strong support of the families and the 
strong support of the mine workers. I think it is a very clear 
indication that this Senate gives the highest possible priority to the 
workers and their families and safety and security.
  We believe strongly that we should be tireless in pursuing new 
technologies which will provide additional kinds of safety and security 
to these miners. That process is outlined in the legislation. But this 
is a very clear message to the families that they are perhaps in the 
most dangerous undertaking which is absolutely essential in providing 
energy for our country. These are extraordinarily heroic men and women 
who work the mines. This Senate has responded, and we will respond to 
ensure to the extent legislatively we can that they will have safe and 
secure jobs.
  I thank the Senator. I am grateful for the leadership of Senator 
Enzi.
  Finally, during all of this period, we have been fortunate to have 
the tireless leadership of Senator Robert Byrd and Jay Rockefeller. Jay 
Rockefeller is recovering from a difficult operation, but he has been 
in constant touch with me and members of the committee and is following 
this legislation. Senator Byrd appeared before our committee, sat 
through the hearings, and has been instrumental in terms of developing 
the legislation and pressing and pushing us forward to make sure it is 
achieved.
  I thank the Senator.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. ROCKEFELLER. Mr. President, it is my great pleasure to 
commend my colleagues for their quick action today in taking up and 
passing S. 2803, the Mine Improvement and Emergency Response Act, or 
the MINER Act, of 2006.
  In passing this important legislation, the Senate has set the stage 
for the most dramatic improvement in coal mine safety in a generation. 
Before we can celebrate significant improvements in our mine safety 
laws, we must encourage our colleagues in the House to act as quickly 
as they can to pass mine safety legislation so that it can be sent to 
the President for his signature.
  The recent mining deaths in the Commonwealth of Kentucky--five over 
the weekend and one yesterday--lend further credence to the truism that 
mine safety laws are written in the blood of coal miners. We began this 
year with the tragic deaths of 12 men at Sago mine in Upshur County, 
WV. Before we could even comprehend that immense loss, two more West 
Virginia miners lost their lives at the Alma mine in Logan County. 
These men--and miners who paid the ultimate price this year in West 
Virginia's Longbranch No. 18, Black Castle, Candice No. 2, and Jacob 
No. 1 mines, as well as at mines in Kentucky, Utah, Alabama, and 
Maryland--went to work each day knowing full well that mining is 
inherently dangerous.
  The miners who died knew--and the miners who still go to work each 
day understand--the risks they face in fueling the American economy and 
providing better lives for their families. We can do nothing that 
adequately honors our fallen miners, but we can give the families who 
continue to send their loved ones to work underground a better chance 
of seeing their miners come home safely at shift's end.
  The MINER Act will bring into the mines new technology to help 
trapped miners breathe after an accident and enable them to get out or 
wait to be rescued. It will introduce new communications equipment into 
mines to allow miners underground to benefit from information known to 
those at the surface that could save their lives. This legislation will 
make it more certain that, if there is an accident, highly trained mine 
rescue teams are available and familiar with the mines where they will 
called upon to save lives. It does not include every technology that I 
believe could be important to safeguarding miners as they do their 
work, but it is still groundbreaking legislation that addresses mine 
safety problems for the first time in a generation.
  We could not have done this without the dedication and integrity of 
the distinguished chairman and ranking member of the Senate HELP 
Committee, Mike Enzi and Ted Kennedy. Their understanding of the 
absolute necessity of tackling this issue made this legislation 
possible. I want to especially also thank Senators Johnny Isakson, 
Patty Murray, and my colleague and Senior Senator, Robert C. Byrd. In 
the

[[Page S5050]]

several months since Sago and Alma became places all Americans know, 
the persistence of these Senators has been crucial in moving this 
legislation forward. We can only hope that this bill will prevent 
future tragedies that could make other coal communities into household 
words.
  Mr. KENNEDY. I am pleased that the Senate has passed the Mine 
Improvement and New Emergency Response Act today, and I commend 
Chairman Enzi, Senator Isakson, and Senator Murray for their dedication 
in pursuing these safety protections. I also commend Senator Byrd and 
Senator Rockefeller, who have been tireless in insisting on 
improvements in mine safety. This bill is the most significant 
improvement in mine safety by Congress in a generation.
  Today's action was clearly necessary. The year began with the 
shocking tragedies at the Sago and Alma mines in West Virginia, where 
14 coal miners were killed. Tragedy struck again last weekend in 
Kentucky, where five coal miners were killed at the Darby mine in 
Harlan County.
  We will learn more in the weeks ahead from the ongoing investigations 
of these disasters. But many lessons are already painfully clear. The 
miners who died could have survived with adequate oxygen. But, their 
self-rescue units didn't work, and they had to share precious oxygen 
with each other.
  They also had no realistic way to let rescuers outside know where 
they were. At Sago, they resorted to banging on pipes with sledge 
hammers, wasting precious energy and oxygen. This should never have 
happened and we need to be sure that it doesn't happen again.
  The bill requires every company to have a comprehensive emergency 
response plan, so that companies and miners will know ahead of time how 
to respond. The bill sets stronger minimum safety standards for oxygen 
supplies, communications, tracking, lifelines, and training, and also 
requires companies to continuously reevaluate the safety of their 
mines. They must adapt their safety response plans to changes in their 
mining operations and advances in mine safety technology. Safety must 
no longer be a topic that companies address only in the wake of a 
disaster or a government directive. Plans to improve safety must be an 
enforceable day-to-day obligation of every mining operation.
  As we saw at Sago and Darby, the time to determine whether a mine's 
oxygen supply is reliable can't just be after a tragedy. To address the 
recurring problems with oxygen supplies, the bill requires companies to 
provide at least two hours of oxygen for every miner, plus additional 
oxygen along evacuation routes and for trapped miners awaiting rescue. 
Companies will be required to inspect and replace these units 
regularly, so that no miner has an oxygen pack that doesn't work.
  All mines will be required to have back-up telephone lines 
immediately available, and to adopt two-way wireless communications and 
electronic tracking systems as soon as possible. They will also have to 
install fire-resistant lifelines, to show miners to the best way out in 
an emergency.
  One of the most moving aspects of the Sago and Alma response was the 
outpouring of support from other miners around the country. They wanted 
to do everything they could to rescue their brothers and sisters 
trapped underground. This bill guarantees that every mine in the 
country will have a person on staff who knows the mine and is trained 
in emergency response. It strengthens requirements for training mine 
rescue teams. The teams will practice in the mines they monitor, so 
that the first time they go into a mine will not be during an 
emergency.
  The bill also reduces the time required for a rescue team to reach a 
mine to one hour from the current two hours. By providing good 
Samaritan-type liability protection for mine rescue team members and 
their regular employers, this bill will encourage more miners to 
participate in mine rescue teams and more employers to support them.
  Even if we don't know why the seal at Sago failed, we know that it 
did. The initial reports from Darby suggest that a seal also failed 
there. We don't need another tragedy caused by a failed seal to know 
that the standard for seals must be improved. Our standards for these 
protective barriers lag far behind other developed nations. That is why 
this bill requires the Mine Safety and Health Administration to issue a 
new regulation in 18 months to improve these standards.
  We also need greater incentives to prevent accidents from happening. 
Too many mining companies have been paying fines that cost less than 
parking tickets. Under this bill, companies can no longer treat 
violations of health and safety laws as a cost of doing business. We 
impose substantial new minimum penalties on companies that put miners 
at risk and do not take their obligation seriously to provide a safe 
workplace. These new penalties escalate when companies continue to 
ignore their safety obligations. The bill also makes clear that MSHA 
has the authority to shut down a mine that refuses to pay its fines.
  Research is an important part of safety. The Navy has technologies to 
communicate with submarines on the bottom of the ocean. NASA can talk 
to people on the Moon. It is time to bring mine safety technology into 
the 21st century too. Our bill creates an interagency task force so 
that NIOSH will have the benefit of the advances made by other 
industries and agencies. It also creates two competitive grant 
programs: one to encourage the development and manufacture of mine 
safety equipment that the private sector might not otherwise find 
economically viable, and another to educate and train employers and 
miners to better identify, avoid, and prevent unsafe working 
conditions.
  This bill is an important step in strengthening the response to mine 
emergencies. But there is more to be done. We have seen miners in other 
countries survive because of requirements that their mines have refuge 
chambers. Our bill requires MSHA and NIOSH to test refuge chambers to 
see if they should be used here to protect miners in a fire or 
explosion. It also addresses safety issues raised by ventilating mines 
with belt air, particularly the problem of fires on mine conveyor 
belts. The bill requires the Secretary of Labor to report to us on 
these problems, and I commend Senator Enzi and Senator Isakson for 
agreeing to work together and to hold hearings on these critical issues 
in the future.
  We can't bring back the brave miners who have died this year. Today, 
however, we honor their memory by passing this legislation and we will 
honor them even more by following through to see that it is implemented 
as effectively as possible to make our mines safer.
  The PRESIDENT pro tempore. Is there any further debate?
  Without objection, the unanimous consent request is agreed to.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2803), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. McCONNELL. Mr. President, I have one further observation on the 
measure which we just passed.
  I again congratulate the Senator from Massachusetts and Chairman Enzi 
for this important piece of legislation. This has been a tough few 
years in coal country--in Pennsylvania, West Virginia, and in Kentucky. 
As everyone knows, we just lost five miners last weekend. This 
legislation couldn't be more timely.
  Again, I congratulate those on both sides of the aisle who made an 
important contribution to move this legislation out of the Senate and 
over to the House.

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