[Congressional Record Volume 153, Number 130 (Wednesday, September 5, 2007)]
[House]
[Pages H10117-H10119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  HONORING THE SACRIFICE AND COURAGE OF THOSE WHO WERE KILLED IN THE 
  CRANDALL CANYON MINE DISASTER, AND RECOGNIZING THE RESCUE CREWS FOR 
                       THEIR OUTSTANDING EFFORTS

  Ms. WOOLSEY. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 631) honoring the sacrifice and courage of the 
six missing miners and three rescuers who were killed in the Crandall 
Canyon mine disaster in Utah, and recognizing the rescue crews for 
their outstanding efforts in the aftermath of the tragedies.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 631

       Whereas on August 6, 2007, six miners, Kerry Allred, Don 
     Erickson, Juan Carlos Payan, Brandon Phillips, Manuel 
     Sanchez, and Jose Luis Hernandez, were trapped 1,800 feet 
     below ground in the Crandall Canyon mine in Utah;
       Whereas Federal, State, and local rescue crews worked 
     relentlessly in an attempt to locate and rescue the trapped 
     miners;
       Whereas three rescuers, Gary Jensen, Brandon Kimber, and 
     Dale ``Bird'' Black lost their lives during the rescue 
     attempt;
       Whereas the loss of the miners has had a tremendous effect 
     on the local community;
       Whereas the emergency efforts coordinated by the Emery 
     County Sheriff's Department have been exemplary;
       Whereas Utah is one of the largest coal producing States in 
     the Nation, producing over 21 million tons of coal in 2005;
       Whereas coal continues to be the economic engine for many 
     communities;
       Whereas during the last century over 100,000 coal miners 
     have been killed in mining accidents in the Nation's coal 
     mines;
       Whereas the Nation is greatly indebted to coal miners for 
     the difficult and dangerous work they perform to provide the 
     fuel needed to operate the Nation's industries and to provide 
     energy to homes and businesses; and
       Whereas many residents of Emery County and Carbon County, 
     Utah, and the surrounding areas, came together to support the 
     miners' families and the community has been steadfast in its 
     efforts to help the families of the missing and deceased: 
     Now, therefore, be it
       Resolved, That the House--
       (1) recognizes Kerry Allred, Don Erickson, Juan Carlos 
     Payan, Brandon Phillips, Manuel Sanchez, Jose Luis Hernandez, 
     Gary Jensen, Brandon Kimber, and Dale ``Bird'' Black for 
     their sacrifice in the Crandall Canyon, Utah coal mine;
       (2) extends the deepest condolences of the Nation to the 
     families of these men;
       (3) recognizes the many volunteers who participated in the 
     rescue efforts and provided support for the miners' families 
     during the rescue operations; and
       (4) honors the long national heritage of coal mining 
     families and supports the tradition for the future.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Woolsey) and the gentleman from Utah (Mr. Bishop) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. WOOLSEY. Mr. Speaker, I request 5 legislative days during which 
Members may insert material relevant to H. Res. 631 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  (Ms. WOOLSEY asked and was given permission to revise and extend her 
remarks.)
  Ms. WOOLSEY. Mr. Speaker, this resolution is sponsored by 
Representative Matheson from Utah where, just last month, six miners 
and three rescuers were lost in a mine tragedy at the Crandall Canyon 
mines.
  Let me begin by expressing the horror and outrage I felt as I, like 
millions of other Americans, watched this tragedy unfold last month. 
First, six miners, working some 1,500 feet underground, were trapped 
when the mine collapsed. And then three rescuers were killed as they 
mounted a dangerous operation to rescue their fellow miners. The 
operation was so dangerous it was actually called off.
  The Crandall Canyon disaster joins the other mine tragedies that have 
occurred in the last 2 years. My heart goes out to the families of the 
lost miners. My heart goes out to the rescuers who were also killed at 
Crandall Canyon.
  This tragedy is compounded by the fact that the administration and 
the mining industry have not taken the necessary steps to stop them. 
There is a background piece on mine safety actually that has been 
prepared by the staff of the Education and Labor Committee and is 
available on the committee Web site. I really hope that Members will 
access this information. The paper actually provides background on the 
situation prior to the year 2006, the accidents that year, the 
enactment of the MINER Act, and the work of the committee so far this 
year. It also includes a summary of the legislation introduced in June 
of this year by Chairman Miller, by Chairman Rahall, myself and others 
that are particularly relevant to the incident in Crandall Canyon. And 
this piece has some initial thoughts on the lessons of Crandall Canyon.
  The full committee will be holding a hearing on the Crandall Canyon 
incident on October 3. Thereafter, the committee will be holding a 
markup on the legislation on which my subcommittee held a legislative 
hearing just before the recess. I hope all Members on both sides of the 
aisle will join us in our effort to bring the mine safety and health 
laws of this country into the 21st century.
  But today, we are not here to talk about deficiencies in the laws or 
in problems with particular mine operators; rather, we're here to honor 
those whose lives were lost in this tragedy, all those who tried 
bravely to rescue them, honoring their families and all who lent a 
helping hand.
  I know Representative Matheson spent hours at the site and with the 
families, and I commend him for his hard work and courage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, today I rise to join both of my 
colleagues from Utah, as well as, apparently, the chairman of the 
Natural Resources Committee in expressing our profound sympathies for 
the Utah families who lost their loved ones at the Crandall Canyon 
mine. I'm not a miner, but I have been told that unless one has been a 
miner, it's impossible to understand the profession, the mindset and 
the courage that is displayed by those who work daily under dangerous 
conditions so that the rest of us can live in an element of comfort.
  Today, this body honors six competent, courageous men who labored to

[[Page H10118]]

provide a better future for their families and all of us.
  On August 6, the Crandall Canyon mine experienced a shift in the 
Earth that registered a 4 on the Richter scale at the nearby University 
of Utah. This left almost 2,000 feet of debris between the working area 
of the mine and the last known location of these miners. Kerry Allred, 
Don Erickson, Luis Hernandez, Carlos Payan, Brandon Phillips and Manuel 
Sanchez were lost in this catastrophe.
  In addition, three very courageous heroes sacrificed their lives to 
rescue their fellow miners. Only miners fully understand this 
commitment to those they consider brothers. Dale Black, Brandon Kimber, 
Gary Jensen, miners and a mine safety official lost their lives during 
this rescue effort. We cannot also forget the five other miners and the 
Mine Safety and Health Administration officials who were injured in 
this effort.
  Dozens of miners and officials put their life at risk by entering 
this mine to try and find and recover their colleagues, and over a 
period of 4 weeks the rescue efforts tried to reach these men through 
the working section of the mine, as well as horizontally, with seven 
bore holes drilled in a vain attempt to find the trapped miners. This 
self-sacrifice has been demonstrated throughout mining history.
  I have the firm belief that this life is not finite, and we shall all 
be reunited again; that these noble men who lost their lives will be 
reunited with their loved ones in the future. And though the separation 
may be short, it is extremely difficult for those left behind to bear 
that separation.
  I applaud our colleague, Congressman Matheson, for introducing this 
resolution, one which deals with the sympathy for those who were 
involved in this particular effort and as an effort to try and comfort 
them at this particular time.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WOOLSEY. Mr. Speaker, I'm pleased to yield as much time as he may 
consume to the gentleman from Utah (Mr. Matheson).
  Mr. MATHESON. Mr. Speaker, I rise in support of this resolution. And 
I would like to recognize and thank Chairman Miller and Ranking Member 
McKeon of the House Education and Labor Committee for their support of 
this resolution and enabling us to move it to the floor so quickly. I'd 
also very much like to thank both of my colleagues from Utah, Mr. 
Bishop and Mr. Cannon, who are here on the floor today also in support 
of this resolution. And I'd like to acknowledge the chairman of the 
Natural Resources Committee, who is here also to speak on this 
resolution today.
  I rise today to honor the sacrifice and the courage of six missing 
miners and the three rescuers who died in a mine disaster at the 
Crandall Canyon coal mine in Huntington, Utah just a few weeks ago. It 
was in the early hours of August 6, the six miners were trapped when 
rocks and debris exploded off the walls of the tunnel where they were 
working more than 1,800 feet underground. And the cave-in created a 
ground shock that measured 3.9 on the Richter scale at the University 
of Utah's seismographic center. Very quickly, rescue crews assembled in 
an effort to locate and reach the six men, but, to date, Kerry Allred, 
Don Erickson, Juan Carlos Payan, Brandon Phillips, Manuel Sanchez and 
Jose Luis Hernandez are still missing.
  Ground movement, what miners calls bumps or bounces, continued at the 
mine. During the rescue attempt further disaster struck. Three rescue 
miners, Gary Jensen, Brandon Kimber, and Dale ``Bird'' Black were 
killed when once again underground activity caused a burst of rubble to 
explode off the cavern walls. Rescuers had to literally dig with their 
hands to get their colleagues out from beneath piles of coal and rocks. 
Their efforts saved another six rescuers who were injured but are 
thankfully recovering.
  Throughout this catastrophe the local community has remained 
steadfast. The Emery County Sheriff, his deputies and other first 
responders worked round the clock to maintain order as private, State 
and Federal teams maintained the search effort.
  Community leaders and the families of these mining towns in Emery and 
Carbon Counties came together to support the trapped miners' families, 
the rescuers and the emergency crews. They did what they have always 
done in coal country during hard times; they held each other close, 
they hoped, and they prayed.
  Today the House honors the missing and the dead. We extend 
condolences of our Nation to their families. We recognize the many 
volunteers who rushed to their aid and who provided endless hours of 
compassionate support.
  And finally, we honor the proud heritage of coal mining families. 
Their skill, their hard work and their dedication contributes to the 
prosperity and quality of life that each and every one of us enjoys.
  Mr. BISHOP of Utah. Mr. Speaker, it is my pleasure to yield to the 
senior member of our delegation to, once again, signify and symbolize 
the unity that the entire State feels as we face this disaster. I yield 
as much time as he may consume to Mr. Cannon of Utah.
  Mr. CANNON. Mr. Speaker, I want to thank first of all my colleague, 
Rob Bishop, for yielding me time and my colleague, Jim Matheson, for 
bringing this resolution before us. We appreciate his introduction. 
This is an area that he represents. It is an area that I have 
represented in the past. It's an area which I expect to represent in 
the future if we get the fourth, if the Senate will act on giving a 
vote to the District of Columbia and a fourth seat to the State of 
Utah.
  I rise in support of this resolution and in support of the thousands 
of miners throughout Utah and the rest of the United States and 
throughout the world who undertake this difficult and dangerous work.
  After weeks of watching demonstrations, videos and explanations of 
the process, no American can doubt the courage and dedication of these 
brave men and women who work in darkness so that the rest of us can 
work with light.
  John Wayne defined courage the way a miner would define it. ``Courage 
is being scared to death and saddling up anyway.'' The miners of Utah 
saddle up every day, and they deserve our thanks.
  Miners Kerry Allred, Don Erickson, Juan Carlos Payan, Brandon 
Phillips, Manuel Sanchez and Jose Luis Hernandez all ``saddled up'' in 
the best traditions of Utah and make us proud.

                              {time}  1515

  The tragedy on August 6 is indelibly imprinted on the hearts and 
minds of all Utahns. But as it always has in times of need, America's 
best responded. The rescue effort spared no expense and left no stone 
unturned in trying to reach the six sons of Utah trapped below. In the 
process three rescuers lost their lives and more were injured.
  Americans should take heart to know that we have such men as Gary 
Jensen, Brandon Kimber, and Dale ``Bird'' Black who would risk their 
lives for others. The Bible tells us that greater love hath no man than 
this, that he lay down his life for another. Imagine the love, 
dedication, and courage it takes to lay down one's life for a friend or 
stranger.
  In moments such as these, politicians tend to try to do too much and 
accomplish too little. While there will be time to decide what, if 
anything, we need to do to ensure that such tragedies as these can be 
averted, now is the time for elected representatives for the people to 
thank those involved on behalf of the people.
  Ralph Waldo Emerson said, ``The true test of civilization is not the 
census, nor the size of cities, nor the crops, no, but the kind of man 
the country turns out.'' Utah and America turn out the best, and for 
that we thank their families, our communities, and Almighty God.
  Ms. WOOLSEY. Mr. Speaker, I am pleased to yield such time as he may 
consume to the gentleman from West Virginia (Mr. Rahall).
  Mr. RAHALL. I thank my colleague from California (Ms. Woolsey) for 
yielding and for bringing this resolution to the floor.
  I also can sympathize and empathize with what my colleagues Mr. 
Matheson and Mr. Bishop and Mr. Cannon have said and the experience 
through which they have been the last month or longer.

[[Page H10119]]

  Mr. Speaker, coal mining is a dangerous occupation. Many of these 
individuals, these brave, courageous individuals that work in coal 
fields across our Nation and especially those in the Appalachian coal 
fields that I have the honor of representing will go to work before the 
sun comes up. They will not see their loved ones again until after the 
sun has gone down. They will do this for 5, 6, even 7 days a week, 
never seeing the light of day so that our Nation, as the gentleman from 
Utah (Mr. Cannon) has said, will be able to have light, so that those 
in the big cities who automatically turn on their air conditioning and 
their lights every morning can reflect on from where that power comes.
  We in West Virginia have known our share of tragedies, and it is 
unfortunate that when we look back over the history of our mine safety 
laws in this Nation that it has taken a tragedy for the Congress to 
act. It is unfortunate that every mine safety and health law on the 
books today is written with the blood of our Nation's coal miners. 
Congress has responded. We did respond, as has been referred to 
already, in passing the MINER Act after the West Virginia disasters of 
Sago and Aracoma in my district, and I hope that we will respond again.
  The gentlewoman from California has referred to the mine safety 
legislation introduced by the chairman of the Education and Labor 
Committee, Mr. Miller, and myself and several other Members of Congress 
in a bipartisan fashion. This builds upon the MINER Act that this 
Congress passed and, yes, President Bush signed into law. While I agree 
we do not know the causes of this latest disaster and we know a little 
more about the causes of the West Virginia disasters over a year ago, 
it is important that we take a look at those responsible for enforcing 
our mine safety laws in this country, those at MSHA, currently serving 
under a recess appointment director. And it is important that we beef 
up that agency, that we do all we can within this Congress's power to 
give them the morale, the authority, and the knowledge that they must 
enforce our mine safety laws without fears of retribution, that there 
cannot be the cozy relationships that perhaps have existed in the past 
between those who inspect our mines and those who operate our mines. 
That relationship, if it has existed, must no longer exist.
  But that is getting into what comes down the pipe later on. What we 
are here today to do is to praise those miners that lost their lives, 
all of our Nation's coal miners, in fact, and to pray for their 
families. We also especially recognize those three brave individuals 
that went into the bowels of this Earth to try to rescue and find their 
friends and their fellow workers and lost their lives in the process of 
trying to save other lives, those mine rescuers. That tragedy was most 
unfortunate and only made the original tragedy that much worse.
  So I join with my colleagues in offering our prayers, in offering our 
sympathies to the families of the lost miners as well as the rescuers 
because myself, having spent time with coal miners' families while they 
wait word from below as to the fate of their loved ones, it is a cruel 
experience that no individual should have to experience. But, 
unfortunately, unless the Congress acts and even when we do act, it may 
yet occur again because mining is a dangerous occupation.
  Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield such time as 
he may consume to the gentleman from South Carolina (Mr. Wilson).
  Mr. WILSON of South Carolina. Mr. Speaker, I rise today in support of 
House Resolution 631 and to honor the memories of the miners who lost 
their lives in the Crandall Canyon mine accident. Our thoughts and 
prayers are with the miners' families and with those miners and the 
Mine Safety Health Administration personnel killed as well as those 
injured in subsequent rescue operations.
  The Committee on Education and Labor has announced an investigatory 
hearing for October 3 to begin examining the circumstances surrounding 
the Crandall Canyon mining accident, including the response to the 
accident by the Mine Safety Health Administration and other 
stakeholders. Only then will we be able to determine what steps 
Congress should take in the aftermath of the Crandall Canyon tragedy to 
further ensure the safety of our Nation's miners.
  As a former member of the South Carolina Mining Council, I plan to 
continue to track this issue closely. I am committed to maintaining the 
openness and integrity of this process so that the issue of miner 
protection receives the fair and comprehensive consideration it 
deserves.
  Coal miners have a very dangerous job, and it is our role to ensure 
that the conditions in which they work are as safe as possible. We 
renew our commitment to examining our Nation's mining laws to ensure 
they are protective for the changing mining environment.
  Last year, in the wake of the Sago and other mine disasters, Congress 
worked in a bipartisan fashion to pass the MINER Act. That legislation 
took significant steps to improve mining safety. It requires the Mine 
Safety Health Administration to revise its penalties, increase 
penalties for major violations to $220,000, undertake several studies 
regarding mining practices, and to work to improve the technology for 
communications underground.
  No law passed by Congress can console the families of those who have 
lost loved ones as a result of this tragedy. In the coming months, we 
will thoroughly review what happened at Crandall Canyon and what steps 
may be considered to prevent it from happening again. But today we are 
here to mourn the tragic loss of life at that mine in Utah and pay our 
respects to the families of these brave miners.
  Kerry Allred, Dale Black, Don Erickson, Gary Jensen, Luis Hernandez, 
Brandon Kimber, Carlos Payan, Brandon Phillips, and Manuel Sanchez. We 
honor these men today, express our condolences to their families, and 
recognize the important work of the rescuers who volunteered to enter 
the mine to try to rescue their fellow miners.
  I urge my colleagues to join me in support of this resolution.
  Ms. WOOLSEY. Mr. Speaker, I yield back the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, though the structure of these 
resolutions require a Republican and Democrat both to present 
legislation, on this day when we deal with an issue of comfort, not on 
politics, this day we are all united as we honor these miners who were 
trapped and those who worked to find these men. We grieve with their 
families in our hearts, our prayers, our thoughts. The memory of these 
nine men will not diminish, and I urge all my colleagues to join with 
Mr. Matheson, Mr. Cannon, and myself in supporting this resolution.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Woolsey) that the House suspend the 
rules and agree to the resolution, H. Res. 631.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

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