Congressional Record, Volume 152 Issue 71 (Wednesday, June 7, 2006)

[Congressional Record Volume 152, Number 71 (Wednesday, June 7, 2006)]
[House]
[Pages H3449-H3458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE ACT OF 2006

Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2803) to amend the Federal Mine Safety and Health Act
of 1977 to improve the safety of mines and mining.
The Clerk read as follows:

S. 2803

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 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.
``(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

[[Page H3450]]

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;
``(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;

[[Page H3451]]

``(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 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.

[[Page H3452]]

``(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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McKeon) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from California.

General Leave

Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
S. 2803.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 2803, the Mine Improvement and
New Emergency Response Act, or the MINER Act. Though the number of
mining fatalities and injuries reached record lows in 2005, this year's
tragedies at the Sago mine in West Virginia and the others that have
followed have served to bring the issue of mine health and safety into
much sharper focus.
Today, after unnecessarily waiting for 2 weeks, the House is finally
poised to act. My colleagues, let us not squander this unique
opportunity to send comprehensive mine safety reforms to President Bush
for his signature.
Throughout 2006, the Education and the Workforce Committee has held a
series of oversight hearings and briefings during which we heard from
Federal mine safety officials, mine workers, representatives from the
mining industry and Members of the House. These oversight proceedings
pointed toward a very clear need for better communications technology,
modernized safety practices within U.S. mines and strengthening the
enforcement of current mine safety laws.

{time} 1345

Each of these needs is addressed comprehensively by the MINER Act,
which was passed last month by the Senate without a single voice in
opposition.
In addition to universal bipartisan support in the Senate, this
legislation

[[Page H3453]]

enjoys strong support in its current form from the United Mine Workers
of America, the National Mining Association, and a bipartisan group of
House Members from key mining States, including Kentucky and West
Virginia.
In short, this is an issue that has cut across party lines, enjoys
rare support from both labor and industry, and deserves overwhelming
support from the House when we vote on the measure.
Mr. Speaker, I am proud of the way our committee, and Workforce
Protections Subcommittee Chairman Norwood, in particular, has
deliberately and thoughtfully considered ways to enhance the safety of
America's miners. Because of our panel's thorough series of hearings
and briefings, we are poised to take an important step today toward
modernizing mine safety law for the first time in a generation.
I would like to thank my colleagues on both sides of the aisle, in
particular, Mr. Norwood, Mrs. Capito and Mr. Rogers, as well as the
entire West Virginia and Kentucky delegations for assisting our
committee in this effort.
Our Nation's miners and their families will be better off for it. I
ask my colleagues to join me in the ever-growing chorus of supporters
in backing the MINER Act.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself 8
minutes.
Mr. Speaker, as Members are aware, I have spoken out forcefully on
the need for rapid Federal action to address mine safety. I have urged
this Congress to legislate, to push us toward a new era in which the
technology that has helped revitalize the productivity of the mining
industry would also be used to save the lives and limbs of our miners.
Unfortunately, the bill sent from the Senate fails to make the
reforms that go to the very heart of what happened in the Sago mine
disaster. It fails in three significant ways. It does not guarantee
that miners trapped underground will have enough air to survive an
accident like Sago. It does not give miners prompt access to wireless
communications and electronic tracking devices so they can communicate
with their rescuers instead of having to bang on pipes and bang on
rocks like miners did hundreds of years ago.
It does not guarantee that the emergency oxygen units like the ones
that Randal McCloy, the only Sago survivor, told us in some cases were
defective, and would be tested at random by the Federal Government to
ensure that they work properly.
In other words, if another Sago mine disaster were to happen, this
bill does not ensure that we would not have the same tragic deaths,
because it does not address what killed the miners in the Sago mine
disaster.
I want to remind Members that 11 of the 12 miners that died at Sago
did not die from the initial explosion. They died because they did not
have communication tools to lead them to safety; they died because they
did not have an oxygen supply to last the 40 hours that they were
trapped.
I cannot, in good conscience, support a bill if passed that would not
prevent another Sago, when we understand the tragedy that took place
there.
When it comes to the safety of miners, and thousands of miners and
families across the Nation, the House can do better than take-it-or-
leave-it legislation that fails to provide that margin of safety that
these families are entitled to.
In the last 10 days, there have been two significant developments
that demonstrate that we can and we must do better than the Senate
bill. Last week, the Industry Labor Mine Technology Panel appointed by
Governor Manchin of West Virginia composed of equal numbers of industry
and miner representatives, concluded that there were significant
enhancements to miner safety that could be achieved through wide
application of existing technologies and techniques.
Then this industry labor report makes two recommendations that go to
the heart of the matter: that emergency shelters and chambers shall
provide a minimum of 48 hours of breathable air and in no later than 15
months mine operators will have to submit a communications and tracking
plan for approval.
That is all that the amendments that I have offered suggest that we
do, i.e., what is now accepted in the mining industry in the State of
West Virginia. Now, someone explain this to me: the coal mine industry
in West Virginia agrees with the West Virginia miners that there should
be a guaranteed 48 hours of breathable air in a crisis, but the
Congress of the United States refuses to provide that same promise to
miners across the country.
The coal mining industry in West Virginia agrees that miners should
have prompt access to wireless communications and electronic tracking
devices, but the Congress of the United States refuses to provide that
same promise to miners across this Nation.
And here is another development. A few weeks ago, the Illinois
legislature sent far-reaching mine safety legislation to the Governor's
desk. It passed 111-0. It passed the Senate 57-1.
The IL bill has two critical reforms, emergency mine chambers with 48
hours of air and rapid installation of wireless communications by the
end of the year. The State of Illinois can promise no more Sago
tragedies.
The coal mining industry in West Virginia can make that promise, but
the U.S. House is being asked to ignore all of that evidence, all of
those improvements, and rubber stamp a Senate bill with no opportunity
to improve it.
That is wrong, and we should not stand for it. I have spent a great
deal of time over the last few months listening to what those Sago
families have to tell us. I have listened to their very specific and
very reasonable recommendations.
I listened to Mrs. Debbie Hamner, who lost her husband, Junior, in
the Sago tragedy. As many of you know, only one of the twelve miners
who died in that tragedy was killed by the explosion. The rest died of
carbon monoxide poisoning. Junior Hamner was one of those who died in
that manner. And Mrs. Hamner asked why were they not equipped with
enough oxygen. Why did we not require air supplies to be stored in the
mine sections that they were working?
Why do Canadian miners have greater protections than the miners of
West Virginia or miners elsewhere in the United States? That is what
she wanted to know. And Debbie said, sadly the bill before us today
does not even mandate a minimum air supply for miners trapped
underground, let alone require a refuge stocked with air, food and
water, so that miners would not have to do what they did in Sago when
they were trapped, which was to construct a barrier and bang on rocks
and hope for the very best.
Amber Helms, whose father, Terry, died at Sago, pointed out to us
that the miners were still alive after the Sago explosion. The men
tried to walk out. The mine foreman tried to walk toward them. But
although they ended up only a few hundred yards apart, the foreman did
not know where they were and was not able to tell them where they could
find good air or a safe way that they could walk out.
It is ridiculous, Amber told us, that I can get a computer and I can
make a full Web page in an hour, but they cannot find my dad, and they
cannot track him. It turns out that Amber was right, that devices are
available in the market right now to track the location of these
miners. These devices are available, and they should be used and they
should be used soon.
Last month, the sole survivor of the Sago mine accident, Mr. Randal
McCloy, wrote a letter to the families of those who did not survive
that mining disaster. Mr. McCloy stated that a number of the self-
contained rescue units that were issued for their protection failed to
operate.
The final amendment that I chose to offer to this legislation would
make sure that we would have random inspections of those devices so
those miners could have reliability if another tragedy should hit.
We understand that the needs are here, and that is why I am telling
you that this legislation is not complete. We should not be taking it
on a take-it-or-leave-it basis. The House should have the opportunity
to debate. Apparently we are not too busy today for we were going to do
this at 6 o'clock and now we are doing this at 2 o'clock. We could have
had an hours debate. We could have offered some amendments, voted them
up or down, and we then could have moved on about our way.

[[Page H3454]]

But we have chosen instead to close out these concerns of these
miners and these families. We have chosen to close out what we have now
learned about the technology. We have chosen to close out the
agreements that the mining industry and the miners have reached in some
States but not in all States, and we have chosen, worst of all, not to
mitigate and protect and provide a margin of safety to those miners,
should we have a repeat of the Sago mine disaster.
We know Sago happened. We know why the miners were killed, and we
know what we can do to prevent it. It is within our grasp. It is
inexpensive and it is readily available. But in the Senate bill it is
not required for another 3 years.
In the Senate bill, we do not specify a minimum of 48 hours of
oxygen, as West Virginia has started to specify and as the State of
Illinois has specified. So this is not about being way out on the
cutting edge and trying to destroy a bill or kill a bill or any of the
rest of that. This is about spending time with these families and
seeing that grief and having to try and answer the questions that they
ask, no longer on behalf of their husbands, their brothers, their
uncles, no longer on their own behalf, but on behalf of the other
mining families in their communities, and the other mining families in
other States that are not addressing this situation.
Mr. Speaker, I would hope that my colleagues would vote against the
suspension of the rules under this act, and that we would be able to
take this legislation up, offer these amendments, win, lose or draw. At
least then we could have said that we made the last best effort to
provide immediate security, immediate remedy to the failures that led
to the loss of life in these mine disasters.
It is well documented, the problems and the impacts and the
fatalities that were created by those shortcomings. The Senate bill
simply does not address those.
Mr. Speaker, I reserve the balance of my time.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I understand Mr. Miller's comments. I agree with much of
what he says. It would be nice to have some of the issues that he has
talked about. Also, Chairman Norwood, the subcommittee chairman, had
other things that he wanted to put in the bill to make it better.
But as my former chairman, now our majority leader, Mr. Boehner, has
said many times, we have to guard against making the perfect the enemy
of the good. And we have been given a unique opportunity by a bill
passed by the Senate unanimously to move forward to help mine worker
safety at this time.
And rather than continue to talk this matter to death, and to
continue to delay bringing safety to these miners, we should take this
opportunity and pass this bill today.
I would like to introduce into the Record the letter from the United
Mine Workers of America. ``The United States Senate unanimously passed
legislation that is aimed at improving miner safety and offering miners
a fighting chance of survival in the event of a mine emergency. Senate
bill 2803,'' which we are talking about, ``the MINER Act, was a
bipartisan bill that every Member of the Senate, Republican and
Democrat alike, recognized would begin to offer better protection to
miners. Indeed, this bill represents the first overhaul of the Nation's
mining laws since the adoption of the 1977 Federal Mine and Safety
Act,'' and he encourages all Members to vote for this bill today.
I would like to say that I have asked Chairman Norwood to continue to
work to improve and bring other improvements to the floor, but I
encourage all of our Members to support this bill today, to get it to
the President's desk, to do what we can immediately to help protect
miner safety.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 5 minutes to
the gentleman from West Virginia (Mr. Rahall).
Mr. RAHALL. Mr. Speaker, I thank the gentleman from California for
yielding me time.
Mr. Speaker, let me begin by commending the gentleman from California
for his over three decades of work in this body on behalf of our coal
miners and our working men and women of this country. I salute his
dedication and his career that he has built in helping improve those
conditions.
Mr. Speaker, myself, speaking on behalf of myself, I will take a back
seat, however, to no Member of this body in regard to standing up for
our coal miners, standing up for their fair health and safety
conditions, and standing up for pneumoconiosis benefits, over my entire
career here as well.
This has been a dark, mournful year for our Nation's coal miners.
Thirty-three deaths, 33 lives lost by decent hardworking men who have
placed their trust in a mine safety system that failed them. Today the
clouds begin to part. The mine tragedies of this year resulted from
many years of growing complacency and diminishing compliance.
They happened because our Nation's mine safety system has been
veering in the wrong direction for far too long. Indeed, several years
ago I issued a siren's call when I offered an amendment on this floor
to the labor appropriations bill to block the Mine Safety Health
Administration from issuing regulations that would have allowed a four-
fold increase of respirable dust in our underground coal mines.

{time} 1400

We must recall that Congress armed MSHA with a sharp regulatory axe.
But instead of using that weapon, in recent years MSHA has opted for
the warm and fuzzy gimmick called partnership. What should have been
sharp, steep and painful fines for safety violations have been reduced
repeatedly to little more than love taps.
As new safety technologies have become commonplace in the mines of
foreign competitors, MSHA failed to prod American mines that have
plodded along with old devices. It did not punish and deter habitual
violators. It did not update and maintain safety rules. It did not
fulfill its statutory mandate or its responsibility to the miners it
has been charged with protecting.
The pending measure will begin, begin, I stress, to change all that.
This bill is not a cure-all. It is not a perfect bill. The only perfect
bill around this body anymore is naming a post office after somebody.
It is misleading and dangerous to suggest that any bill can be a cure-
all, but it is a step in the right direction, a step that must not be
delayed. To delay this legislation, no matter how noble the intentions,
is to gamble recklessly with the lives of our Nation's coal miners.
Indeed, I would say to the gentleman from California, good decent
George, that there are provisions missing from the pending legislation
that were in our West Virginia bipartisan congressional bill. There are
also provisions in the gentleman from California's and my bill that are
not in this legislation. But as I said, this bill at hand is a
beginning. The death toll in my congressional district, the death toll
in the State of West Virginia, the death toll across our Nation's coal
fields must halt, no more delay in acting.
The MINER Act pending before us, the Senate-passed bill, does include
a number of improvements over the current law. That is what we are
talking about, taking a step in the right direction. The pending bill
is supported by the United Mine Workers of America, by the National
Mining Association, by the Governor of the State of West Virginia, and
might I add by the daughter of a miner quoted by the gentleman from
California, Amber Helms, who said, ``We support The MINER Act recently
passed by the United States Senate because we believe it is better than
what we have in our law right now. But if it can be improved upon
without delay that is where we stand. If this bill as written right now
is the best we can do today, then we urge the United States Congress to
pass it immediately.''
This bill is the best we can do today. It must be acted upon before
further deaths occur in our coal mines.
The bill does call for immediate action to incorporate workable
communication devices. The bill that we are talking about today does
make immediate requirements for more oxygen, enough to evacuate miners
in the event of an emergency and enough to maintain miners for a
sustainable period of time if they are trapped underground.

[[Page H3455]]

The act does not designate a 48-hour supply, as the gentleman from
California would do, because how does one honestly determine that 48
hours of oxygen is sufficient as opposed to 49 hours or 72 hours?
Indeed, the act requires each coal operator, in consultation with the
miners and their representatives, to look at the individual mines, and
as the gentleman from California knows, mines are different, and
determine, subject to approval in a biennial review by the Secretary of
Labor, what is an adequate amount of oxygen.
This bill addresses the seals. It requires the Secretary of Labor to
develop promulgations and rules to strengthen the seals that have been
the cause of recent disasters. This bill is a workable piece of
legislation. It cannot be amended; otherwise we go to a conference
committee. Who knows when it will then be passed, and it must be acted
upon today. I urge passage.
Mr. McKEON. Mr. Speaker, I yield 5 minutes to the gentleman from
Kentucky (Mr. Rogers), the subcommittee chairman on the Appropriations
Committee.
Mr. ROGERS of Kentucky. Mr. Speaker, I rise today in strong support
of the MINER Act.
Mr. Speaker, I am the proud representative of 21 coal producing
counties and 15,000 Kentucky miners stretching along the Appalachian
coal seam in eastern Kentucky. These are good paying jobs in
challenging economic areas, generational jobs passed down through
families and neighbors for years, requiring training, education and,
most importantly, hard work. Anyone who has been in these mines a mile
underground, as some of us have, knows that underground mining also
comes with a great amount of risk.
My constituents have and are willing to take those risks in order to
provide for their families. By also to provide the Nation the coal that
we need to keep our homes warm and economic engines running. These
risks and the dangers of coal mining have been brought directly into
the living room televisions of many Americans over last 6 months. In my
district it has been much closer to home. The Holmes Mills tragedy in
Harlan County, Kentucky, underscores the need for comprehensive mine
safety legislation that provides critically needed protections for
miners and strengthens the Federal Government's ability to enforce
safety regulations now.
We have not had comprehensive mine safety reform in the country for
decades. Technology has changed, communication equipment has changed,
our laws have not changed. With that said and with our thoughts and
prayers still with the families touched by these accidents, Mr.
Speaker, I rise today with my coal State colleagues in support of this
MINER Act.
First, I want to thank Chairman Norwood and Chairman McKeon for
working together with the majority leader to move mine safety
legislation now, not later, not next year, not next month, not after
some conference committee where the Senate sits on it for 6 months but
now, and I thank them for that. We should not delay one more day
putting into place requirements to further protect these brave miners
going even as we speak into the dark of these mines.
This bill honors the brave men, 11 in Kentucky and in my district
this year who have died in mine-related accidents. They are not
forgotten. Mining has always been a dangerous occupation and make no
mistake, this legislation will not make mining injury free, but it does
go a long way toward that end. With this legislation we reaffirm our
commitment to seeing miners have the proper training, rescue equipment,
communications devices and plans in place should an accident occur.
I have met with industry leaders, met with the miners, and everyone
agrees there is room for measured and achievable improvement. This bill
strikes a reasonable compromise and seeks to put the best available
technology in the hands of our mining men and women while encouraging
development of new technologies.
The Senate wisely moved this legislation quickly and unopposed, and I
hope we do the same here. I am particularly pleased the bill includes
some of these provisions. One, it requires the use of wireless two-way
communications and tracking systems within 3 years. It requires each
mine's emergency response plan to continuously be reviewed, updated and
recertified by MSHA every 6 months. It also gives MSHA the power to
request an injunction, that is to say, shut down a mine in cases where
the mine has refused to pay a final order or MSHA penalty.
It would require rescue teams to be close to mines and granted
immunity. It would require each miner to have a minimum of 2 hours'
supply of air and require storage of additional breathing devices along
the escape routes from the mine.
These measures, Mr. Speaker, go straight to the trouble we have seen
and should give comfort to our mining families. This legislation, Mr.
Speaker, honors Kentucky's 17,000 hardworking coal miners, but all the
others in the country as well who bravely go into the heart of the
Earth to put bread on the table and to bring light into the lives of
all Americans.
Our hats go off to these miners, and I urge that we pass this bill in
their honor and in their memory.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 minute to the
gentleman from West Virginia (Mr. Mollohan).
Mr. McKEON. Mr. Speaker, I yield 1 minute to the gentleman from West
Virginia (Mr. Mollohan).
Mr. MOLLOHAN. Mr. Speaker, I thank the gentlemen from California,
each, for yielding and for their work on this important legislation and
a lifetime of work for safety for workers.
Mr. Speaker, I rise in support of S. 2803, The Mine Improvement and
New Emergency Response Act of 2006. The need for improvements in coal
mine health and safety has been tragically reaffirmed by the mine
disasters in my home State earlier this year. On January 2, 2006, an
explosion in the Sago mine in Upshur County, West Virginia, followed on
January 19 by a second disaster in the Aracoma Alma mine in Logan
County, took the lives of our Nation's finest, our coal miners, forever
changing the lives of their loved ones and shocking the State and the
Nation into once again revisiting the adequacy of our coal mine health
and safety laws.
The entire West Virginia delegation is in support of this bill. In
the Senate it passed unanimously with the backing of West Virginia's
esteemed delegation, Senator Robert C. Byrd and Senator John D.
Rockefeller. Here in the House, Mr. Rahall, Mrs. Capito and I recently
introduced the House companion to that bill, H.R. 5432.
I urge passage of S. 2803 today so that the important work to improve
mine safety can begin immediately. New approaches to safety challenges
are clearly needed, particularly in light of advances in technology,
and we cannot afford to waste another minute.
Among other things, the MINER Act that we consider here requires that
miners have emergency air breathable for a sustained period of time and
that caches providing at least 2 hours of breathable air per miner be
placed at 30-minute intervals from the working area to the surface. It
also requires that a redundant means of communicating with the surface
be provided in each mine as well as a post-accident tracking system.
I should note that the United Mine Workers of America and the
American Federation of Labor and Congress of Industrial Organizations
both, Mr. Speaker, support this legislation. While not perfect, this is
the first best effort to quickly bring significant enhancements to
safety in our Nation's coal mines.
Mr. McKEON. Mr. Speaker, how much time remains on each side?
The SPEAKER pro tempore. The gentleman from California (Mr. McKeon)
has 9\1/2\ minutes remaining. The gentleman from California (Mr. George
Miller) has 6 minutes remaining.
Mr. McKEON. Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 minute to the
gentleman from Pennsylvania (Mr. Holden).
Mr. McKEON. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Holden).
MR. HOLDEN. I thank the chairman and the ranking member for yielding
me the time.
I rise in support of this bill, but I agree with the ranking member
that this bill is not perfect. One of the ways that this bill could
have been improved

[[Page H3456]]

is if we would have addressed the way MSHA deals with anthracite coal
mining versus bituminous coal mining, two very different forms of coal,
hard coal versus soft coal, irregular veins versus consistent veins.
They are mined differently and they should be regulated differently.
The Commonwealth of Pennsylvania recognizes that. They have two
separate laws. They have two separate divisions that deal with
regulation and enforcement of the safety laws. In northeastern
Pennsylvania and the anthracite fields that I represent, along with Mr.
Kanjorski and Mr. Sherwood, there is a division in western Pennsylvania
in the bituminous field; there is another one with two separate laws.
MSHA has consistently said that one-size-fits-all is what they will do
in regulation.
Mr. Speaker, that does not work. The Inspector General from the
Department of Labor issued a report on March 31 of this year that I
would like to read in the Record: ``MSHA has not fully addressed the
possibility that current regulations do not adequately reflect
operating methods and conditions unique to anthracite coal mining. We
recommend,'' meaning the Inspector General, ``that MSHA evaluate
whether the existing petitions for the modification process efficiently
address the applicability of existing regulations to varying mining
techniques or whether any existing regulations require revisions for
anthracite mining methods.''
Mr. Speaker, I rise in support of this legislation today, but I ask
the chairman and ranking member to work with me as we try to convince
MSHA that there is an Inspector General's report, there is a precedent
in the Commonwealth of Pennsylvania realizing the difference in
anthracite mining and bituminous mining. And we can protect our miners
and we can do it in a fair way.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 minute to the
gentleman from Kentucky (Mr. Chandler).
Mr. CHANDLER. Mr. Speaker, I thank the ranking member for all his
work on this issue.
Mining coal is indeed a way of life in Kentucky. Our fellow citizens
who work in our coal mines have been and are still very much at risk.
To date there have been 33 miners killed in the United States this year
alone, most recently at the Darby mine in eastern Kentucky which took
the lives of five miners.

{time} 1415

As public servants, it is our job to protect the people that we
represent. While the bill before us today does not include all of the
protections many of us would like, it is certainly a start. This bill
will save lives.
I support this bill, but I also urge my colleagues to see this bill
as only a beginning to the reforms that need to be passed to make sure
that our miners have the very safest workplace possible.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, listening to the gentleman from Pennsylvania reminded
me, my grandfather and my great-grandfather came over from Ireland.
They settled in Pennsylvania, and some of his brothers died from black
lung disease, and my great-grandfather came out to Utah and was able to
survive that.
You know, I think it is great that we are able to work today on a
bipartisan basis to get this bill done. It's unfortunate that it takes
tragedies such as we have seen to draw us together. I remember after 9/
11 how we all gathered on the steps out here, and we really were united
as Americans.
I understand there is some opposition to this bill, but mostly, I
think we are working together to try to move correctly further safety
to the miners.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself the
balance of the time.
Mr. Speaker, I want to thank my colleagues who spoke to this issue.
All of them have worked very hard on behalf of mine safety, not just in
the aftermath of these most recent tragedies but throughout their
entire congressional careers. We share that in common.
This is not an adversarial relationship. This is a difference of
opinion, and I think it is an important difference of opinion.
I think that when we went back and we went over these tragedies and
saw what it was that killed these miners, we saw that we also had the
capabilities to address the causes and to address them now, and not
wait 3 years to do some of this.
We also understood that the quantities of oxygen required for trapped
miners would be a minimum of 48 hours. It was after some 20 hours that
Junior Hamner at Sago wrote a note (that was found from him) that said,
I am in no pain now, but I don't know how long the air will last.
If we pass this legislation without these amendments, we do not know
how long the air will last. There is no minimum standard in this bill
and it should be made explicit on behalf of the miners. Other miners
told us that the air-pack units were not working adequately. We need
random spot checks to make sure that there is reliability in the air-
packs.
We heard the stories of the trapped Sago miners struggling to
communicate as they would have 100 years ago in the mines, by banging
on pipes and banging rocks together. The fact of the matter is it is
now within our grasp to address these problems and address them now.
Under this legislation, as it is currently written, if a Sago-type
mine accident were to happen again, a month from now or 6 months from
now, we do not provide the remedies that are necessary to save lives.
Given what we learned from the Sago mine accident, I would hope that
the Congress would do that.
This is not about speed. It's about getting it right. I have been
here 30 years, and so very often I have been told if this amendment
passes, that is the end of the process, and later that night, we pass
the bill with the amendment. We all understand what the attempt here
is, and I understand the desire of my colleagues who are so deeply
impacted by these tragedies to get this legislation on the books. I
would hope that my colleagues would pause for a moment because maybe
when I first spoke of them, there was some controversy about these
amendments. But the judgment that I have brought to this bill and the
determination that I have brought to this bill, has now been ratified
by the coal commission in West Virginia and by the State legislature in
Illinois.
These are key components for the survivability of these kinds of
accidents since the Sago miners were not killed by the initial
explosion, rockfall or other incident that took place. And that's why I
am so compelled to stand here. It's not easy.
I have gotten more interesting phone calls from the Senate from
Members who are interested in the bill than I probably have in the last
5 years. These are men I have worked with my entire career: Senator
Robert C. Byrd, Senator John D. Rockefeller, Senator Kennedy. They are
friends. They are heroes of mine. But we have a disagreement here. It
is fundamental. I believe it is important, and I would hope that we
could be able to do this.
I would urge my colleagues to vote against this suspension of the
rules so we would have a chance to address this in limited open debate,
with up-or-down votes. I am not here to delay the bill at all, and I
would hope that that would be the outcome of this debate.
Again, I think all of us, whether people agree with me or disagree
with me, all of us share the desire to increase the margins of safety
for those individuals who go into the mines and for their families who
remain on the surface.
We have talked a great deal about energy. This is a key component of
energy. We need these people to continue to go into the mines, and all
of us desire to increase those margins of safety for them.
Mr. Speaker, I yield back the balance of my time.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
A bird in the hand is worth two in the bush. I propose that we take
this bill and we pass it today. We continue to work to improve miner
safety. We do not wait another 30 years plus to have this issue
addressed.
I would like to place into the Record the letter from the National
Mining

[[Page H3457]]

Association supporting rapid action on this bill and others.

House of Representatives, Committee on Education and the
Workforce,
Washington, DC, June 6, 2006.
Hon. James Sensenbrenner, Jr.
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Sensenbrenner: Thank you for your recent
letter regarding the consideration of S. 2803, the Mine
Improvement and New Emergency Response Act of 2006, I agree
that my committee shares jurisdiction over the provisions of
the bill related to limited liability for rescue operation,
penalties, and fine collection with the Committee on the
Judiciary.
I appreciate your willingness to forgo consideration of S.
2803 by your committee. I agree that waiving consideration of
S. 2803 in no way diminishes or alters the jurisdictional
interest of the Committee on the Judiciary. I will include
your letter and this response in the Congressional Record
during the bill's consideration on the House floor.
Sincerely,
Howard P. ``Buck'' McKeon,
Chairman.
____

House of Representatives,

Committee on the Judiciary,

Washington, DC, June 7, 2006.
Hon. Howard P. ``Buck'' McKeon,
Chairman, Committee on Education and the Workforce,
Washington, DC.
Dear Chairman McKeon: In recognition of the desire to
expedite consideration of S. 2803, the Mine Improvement and
New Emergency Response Act of 2006, the Committee on the
Judiciary hereby waives consideration of the bill. There are
a number of provisions contained in S. 2803 that implicate
the Rule X jurisdiction of the Committee on the Judiciary.
Specifically, the bill contains provisions relating to
limitation on rescue operation liability, penalties, and fine
collection that fall within the jurisdiction of the Committee
on the Judiciary.
The Committee takes this action with the understanding that
by forgoing consideration of S. 2803, the Committee on the
Judiciary does not waive any jurisdiction over subject matter
contained in this or similar legislation. The Committee also
reserves the right to seek appointment to any House-Senate
conference on this legislation and requests your support if
such a request is made. Finally, I would appreciate your
including this letter in the Congressional Record during
consideration of S. 2803 on the House floor. Thank you for
your attention to these matters.
Sincerely,
F. James Sensenbrenner, Jr.
Chairman.
____

United Mine Workers of America,

Fairfax VA, June 5, 2006.
Dear Representative: The tragic events that have unfolded
in the coalfield communities since January 2, 2006 have
captured the attention of the entire nation. As you are no
doubt aware, thirty-three coal miners have lost their lives
while attempting to fulfill the energy needs of the country.
This is far too high a price for workers in any industry to
pay for merely going to work and supporting their families.
The United Mine Workers of America urges you to support the
bipartisan MINER Act, to improve coal miners' safety.
What makes these recent mining deaths so disturbing is that
many could have been prevented. The United Mine Workers of
America is convinced that had additional safety precautions
been required by the Mine Safety and Health Administration,
many of those miners who perished may well have survived the
initial fire or explosion. For example, had additional oxygen
been available, if directional lifelines were provided, had
emergency evacuation training been more comprehensive, and if
state of the art communications had been in place, the
chances of these miners surviving would have been greatly
increased.
In assessing what went wrong in each of these events we
must not stop after determining the underlying reasons for
these tragedies. Rather, we must take a proactive approach
and begin to implement laws that will better protect miners
and prevent more families from living with the horror so many
have recently confronted.
The United States Senate unanimously passed legislation
that is aimed at improving miners' safety and offering miners
a fighting chance of survival in the event of a mine
emergency. Senate Bill 2803--the MINER Act--was a bi-partisan
bill that every member of the Senate--Republican and Democrat
alike--recognized would begin to offer better protection to
miners. Indeed, this Bill represents the first overhaul of
the Nation's mining laws since the adoption of the 1977
Federal Mine Safety and Health Act.
The coal mining deaths of 2006 have reminded the nation how
dangerous this occupation can be if left unchecked. The time
for legislation to address miners' safety is long overdue.
The Senate has acted, and it is my heartfelt belief that SB
2803 will improve miners' protections in the coal industry.
Therefore, I urge you to cast your vote in favor of the MINER
Act when it comes to the floor of the House to protect the
Nation's miners and their families. It constitutes an
essential first step in addressing the many hazards coal
miners still face today.
Sincerely,
Cecil E. Roberts,
International President.
____

National Mining Association,

Washington, DC, June 6, 2006.
Hon. Howard P. ``Buck'' McKeon,
Chairman, House Committee on Education and the Workforce,
Washington, DC.
Hon. Charlie Norwood,
Chairman, Subcommittee on Workforce Protections, House
Committee on Education and the Workforce, Washington, DC.
Dear Chairmen McKeon and Norwood: The National Mining
Association (NMA) commends you and the House leadership for
moving S. 2308, the ``Mine Improvement and New Emergency
Response (MINER) Act,'' to the floor for swift consideration.
The MINER Act contains many of NMA's legislative principles
regarding improvements needed in the area of communications
and tracking, mine rescue and breathable air supplies. We
appreciated the opportunity to share these principles with
you and the members of the committee during the extensive
hearing process conducted earlier this year.
NMA is pleased to join the United Mine Workers of America
in calling for passage of the MINER Act. Our alliance in
support of this legislation should be viewed as a testament
to its importance for America's underground coal miners. We
are also pleased this legislation has received broad
bipartisan Congressional support and strongly believe it will
lead to safer mines. America's underground coal miners
deserve no less.
Again, thank you for making mine safety legislation a
priority. We stand ready to assist you in soliciting support
from your colleagues for the MINER Act.
Sincerely yours,
Kraig R. Naasz,
President & CEO

Mr. Speaker, I yield the remainder of our time to the gentlewoman
from West Virginia (Mrs. Capito), who has been a strong leader on
pushing to get this bill to the floor.
Mrs. CAPITO. Mr. Speaker, I would like to thank the gentleman from
California for yielding and start by thanking my colleagues in the West
Virginia delegation for their efforts on this legislation. Our
delegation has truly stood as one on behalf of the safety of our
State's miners. We stood together in the Senate hall, all five of us
together, and pledged to make a difference through legislation.
I would like to thank the leadership, and I would like to thank
Chairman McKeon and Chairman Norwood for their quick action on bringing
this matter to the floor. I would like to thank my fellow Members from
other coal States who have suffered such tragedies.
I would like to make something clear. The MINER Act is not a
controversial piece of legislation. It is slightly unfortunate that
there has been some confusion around the issue that's important to the
people of West Virginia and other mining States. As we have heard from
the other Members, this is a great opportunity, a good chance, a good
first step and one we must seize.
This bill has unique support across the mining community and across
geographic and political lines. The UNWA, the National Mining
Association, the AFL-CIO, and the West Virginia Coal Association and
others support passage of this, and the Senate has unanimously passed
this legislation.
As we have heard, the legislation would require every underground
coal mine in the country to have its own emergency response such as
tracking devices and flame resistant post-accident lifelines. The bill
immediately requires a redundant means of communication with the
surface, using the best system that is technologically feasible.
This legislation takes a major step in making sure miners have a
reliable supply of oxygen underground. The bill makes sure that miners
have a 2-hour supply of oxygen throughout the mines, spaced at
distances the average miner can walk in 30 minutes.
A crucial provision also requires a maintenance and replacement
schedule for the emergency breathing devices. Statements from survivors
of recent mine accidents have questioned whether emergency breathing
equipment was functioning properly, and this bill helps address that.
To make sure that precious time is not lost in assembling mine rescue
teams, this bill makes sure that every mine has at least two mine
rescue teams that can reach the site within an hour.

[[Page H3458]]

For those who violate safety regulations, this legislation increases
the maximum civil and criminal penalties and allows MSHA to issue an
injunction in order to close mines that fail to pay fines.
No one has said that the MINER Act is the final step in making miners
safer. In fact, this is only the beginning of a renewed dialogue to
make sure that we are doing everything we can to make sure our miners
are safe.
I would like to remind my colleagues we have a choice, support the
most significant revision to mine safety laws since 1977 or oppose the
bill and cast a vote that will take us nowhere.
Mr. Speaker, the Sago mine is in my district. I waited with the
families and the Upshur County community on that cold day in January as
rescuers worked to save the Sago miners. I saw firsthand the pain
suffered by the families when only one survivor was found. I looked
into the eyes of the wives, of the sisters, the brothers, the mothers,
the fathers as they learned that their loved ones were never coming
back.
The Sago men and women are my constituents and my friends. They are
the backbone of the great State of West Virginia and our Nation. For
all of us, we cannot let this opportunity pass.
I ask that my colleagues join me to help these real men and women who
have hopes and dreams, have a great faith in us, that we will help them
to make sure that we pull together so that no one will suffer the
tragedy and the heartache that they suffered that day in Sago and other
days across this country.
I ask my colleagues to join me, to join me in making the right choice
to improve mine safety by voting for the MINER Act.
Mr. MURPHY. Mr. Speaker, I rise in strong support of this landmark
mine safety legislation, S. 2803. Mine safety has been on all our minds
this year, as Americans mourned the heartbreaking disasters at the
Aracoma Alma and Sago mines in West Virginia in January. Thus,
throughout the process of crafting this bill, all parties have wanted
the end product to strongly improve safety for miners.
In my district in southwestern Pennsylvania, the mining industry has
been a central part of the way of life for a century and a half. My
great-grandfather was a coal miner, who worked in Pennsylvania mines
when carts were pulled by mules and mines were lit by candles. Mining
was very dangerous work then. The mining industry has certainly made
remarkable strides ever since.
Today is another great step forward for miners in Pennsylvania and
across the Nation; therefore, I am pleased to support S. 2803. On March
16, as mine safety legislation was being crafted, I was pleased to
testify on the subject of mine safety before the Education and
Workforce Subcommittee on Workforce Protections. On that day, I
expressed many concerns about current mine conditions. For instance, I
cited my concern about whether miners are sufficiently employing
technology to communicate with one another, especially when accidents
occur. S. 2803 requires that all mines provide immediate notification
of accidents and regularly update their emergency response plans. At
the hearing, I also raised my discomfort with the use of ``belt air,''
which can be unhealthy to breathe and even flammable. Accordingly, the
bill before us prohibits the use of conveyor belts to ventilate work
areas.
While recent tragedies have dominated the mining industry news of
late, I hope we recount the success stories of the mining industry
alongside some of the failures. For instance, CONSOL Energy, based in
my district, sent their own rescue teams to the Sago mine in January.
The CONSOL rescue teams arrived first at the scene, and they have
worked tirelessly on many other occasions to help miners throughout
Pennsylvania and West Virginia, regardless of who owns the mine. They
are a success story I am pleased to highlight, of which we should all
be proud.
The coal industry has helped fuel this Nation for 150 years, and coal
can be used to heat our homes, power our economy, and protect our
Nation for at least another 150 years if we continue to use it. We all
grieved the tragic accidents in West Virginia in January. This bill
will help prevent such accidents in the future.
Mr. OWENS. Mr. Speaker, 33 underground coal miners have already been
killed on the job so far this year, starting with the Sago mine
disaster right after New Year's day. We do these fallen mineworkers as
well as their surviving family members and friends a serious disservice
by limiting debate on this bill to 40 minutes and barring any
strengthening amendments. These hard-working men, their families and
wider communities of friends and neighbors deserve far better treatment
on the floor of the U.S. House. Unless we take legislative action that
would prevent future mine disasters like those that occurred at Sago,
Aracoma Alma, Darby and elsewhere this year, we are hoping rhetoric
will mask our failure to deliver significant protections to hard-
working mineworkers Nation-wide.
At the Sago mine disaster, a methane gas explosion killed one
mineworker and trapped 12 others. It took 40 hours for rescuers to
reach those trapped underground and by the time they did, 11 miners had
died of carbon monoxide poisoning. The sole survivor at Sago, Randal
McCloy, has since reported that at least four of the air-packs designed
to provide an hour's worth of breathable air to the miners
malfunctioned. Moreover, the Sago miners lacked one-way text messaging
and tracking devices--devices that are currently used in mines
throughout Australia, Chile, China and South Africa. Those devices
would have saved lives at Sago.
To make certain that the Sago tragedy is never repeated in this
country, I support wholeheartedly three simple amendments to this bill
as proposed by Representative Miller. They would equire:
At least 48 hours of emergency air for each mineworker;
Finalized plans within 15 months for adding lifesaving communications
and tracking equipment; and
Federal MSHA regularly conducted random field tests of airpacks, self
contained self rescuers, to ensure they are in working order.
In closing, Mr. Speaker, I wish to close with the question posed by
the AFL-CIO about these three amendments in their letter to Congress on
mine safety: ``Frankly, we do not understand why anybody would oppose
such common sense measures.''
Mr. McKEON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from California (Mr. McKeon) that the House
suspend the rules and pass the Senate bill, S. 2803.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.

____________________