[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[House]
[Pages H14226-H14227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    GRANTING AUTHORITY PROVIDED UNDER THE RULES OF THE HOUSE TO THE 
COMMITTEE ON EDUCATION AND LABOR FOR PURPOSES OF ITS INVESTIGATION INTO 
 THE DEATHS OF 9 INDIVIDUALS THAT OCCURRED AT THE CRANDALL CANYON MINE 
                         NEAR HUNTINGTON, UTAH

  Ms. SLAUGHTER, from the Committee on Rules, submitted a privileged 
report (Report No. 110-473) on the resolution (H. Res. 836) granting 
the authority provided under clause 4(c)(3) of rule X of the Rules of 
the House of Representatives to the Committee on Education and Labor 
for purposes of its investigation into the deaths of nine individuals 
that occurred at the Crandall Canyon Mine near Huntington, Utah, which 
was referred to the House Calendar and ordered to be printed.
  Ms. SLAUGHTER. I ask unanimous consent, Madam Speaker, for the 
immediate consideration of House Resolution 836.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  The Clerk read the resolution, as follows:

                              H. Res. 836

       Resolved,

     SECTION 1. GRANTING INVESTIGATIVE AUTHORITY TO COMMITTEE ON 
                   EDUCATION AND LABOR.

       The Committee on Education and Labor is granted the 
     authority provided under clause 4(c)(3) of rule X of the 
     Rules of the House of Representatives in furtherance of the 
     investigation by such Committee into the deaths of 9 
     individuals that occurred during August 2007 at the Crandall 
     Canyon Mine (also known as the Genwal Mine) near Huntington, 
     Utah, including the events that may have led to those deaths 
     and into the administration of relevant laws by government 
     agencies, including the Department of Labor and the Mine 
     Safety and Health Administration, and into other related 
     matters.

  Mr. McKEON. Madam Speaker, on August 6, 2007, a collapse at the 
Crandall Canyon mine in Utah took the lives of six miners. Days later, 
three rescuers were lost as well. We all grieved with this tragedy, and 
we all share a commitment to doing what we can to prevent such an event 
from happening in the future.
  The Education and Labor Committee has initiated an investigation into 
possible causes of the collapse, as well as the handling of its 
aftermath by the mine ownership and Federal regulators. Our committee 
has at its disposal

[[Page H14227]]

significant tools and resources to conduct this investigation, 
including the power to hold hearings, demand documents, interview 
witnesses, and enter evidence into the record.
  At the same time as our committee pursues its inquiry, there are a 
series of official investigations underway by the Department of Labor 
and the State of Utah. The investigations by the Mine Safety and Health 
Administration are of a law enforcement nature--if it is determined 
that criminal conduct occurred, they can at any time make a referral to 
the Department of Justice.
  Although our committee investigation is still in its early stages, it 
has already been fruitful. In addition to the single hearing that has 
been held, we have requested--and the Department of Labor has 
produced--hundreds of thousands of pages of documents. We have 
conducted interviews with witnesses, and visited the site of the 
accident.
  Despite the progress that has been made with our significant existing 
oversight capabilities, the majority today is seeking to confer on our 
committee the extraordinary power to subpoena witnesses for closed-
door, staff-led depositions. This is an authority granted only in the 
rarest of circumstances, such as the protection of national security, 
the impeachment of a President, or the alleged defrauding of a national 
organization by its leadership.
  I have serious reservations about establishment of deposition 
authority at this early stage of our investigation. The majority has 
not established any clear need for this authority. In fact, we are not 
aware of a single witness who has refused to cooperate with the 
committee after an official invitation. Moreover, while the majority 
has been unwilling to disclose exactly whose testimony this authority 
is intended to compel, they have indicated that just a handful of 
individuals are expected to require a subpoena. Members on our side of 
the aisle are more than willing to cooperate with regular committee 
procedures including hearings for this purpose, and as such, it remains 
unclear to me why this authority is necessary.

  In addition to being premature and unnecessary, I believe this 
authority carries with it the possibility of grave unintended 
consequences. Deposition authority will allow dozens of interviews to 
be conducted under oath and compelled by subpoena. This could create 
the possibility of conflicts of interest, privilege claims and rulings, 
requests for immunity, leaks, and contradictory evidence.
  Previous congressional probes should serve as a cautionary tale as we 
head down this path. Tactics used in the congressional investigation of 
the Iran-Contra affair caused key testimony against Oliver North to be 
thrown out, and his convictions to be overturned.
  The Acting Solicitor of Labor voiced concerns that this investigation 
could similarly imperil any civil or criminal enforcement that may be 
necessary in this matter. In September, he wrote to Chairman Miller and 
me, along with the leadership of the House, saying that the Committee's 
``parallel investigation . . . may compromise the integrity of MSHA's 
law enforcement investigation and potentially jeopardize its ability to 
enforce the law and hold violators accountable. ``
  Up to this point, the majority has heeded our warnings and those of 
the Department of Labor. Our hearing and the series of interviews that 
have been conducted were structured in such a way as to avoid 
endangering the investigations. I'm concerned that by granting this 
extraordinary deposition authority, the House is backing away from that 
cautious approach and rekindling the threat that our activities could 
undermine the aggressive enforcement that MSHA and other investigators 
have an obligation to pursue.
  The deposition authority proposed today is crafted narrowly to cover 
only the Crandall Canyon mine collapse, and the rules adopted in our 
committee to govern these depositions were developed fairly to ensure 
the full participation of the minority. I believe these steps are 
acknowledgements by the majority that deposition authority is truly an 
extraordinary step, and must be undertaken with great care. I 
appreciate their cooperation on these points.
  As I have made clear, there are serious questions about the timing 
and necessity of this narrowly crafted authority. Beyond that, however, 
I want to be perfectly clear that the specific authority being granted 
in this instance should in no way be viewed as precedent for future 
oversight functions of our committee or any committee of this House. 
Committee rules allow for a range of tools and resources that can be 
used to conduct rigorous oversight. Any effort to grant broader 
deposition authority will surely bring greater danger, and therefore 
greater objection.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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