[Congressional Record Volume 154, Number 6 (Wednesday, January 16, 2008)]
[House]
[Pages H45-H75]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPLEMENTAL MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE ACT OF 2007
The SPEAKER pro tempore. Pursuant to House Resolution 918 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 2768.
{time} 1230
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2768) to establish improved mandatory standards to protect miners
during emergencies, and for other purposes, with Mr. Gutierrez in the
chair.
The Clerk read the title of the bill.
{time} 1230
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from California (Mr. George Miller) and the gentleman
from California (Mr. McKeon) each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. George
Miller).
Mr. GEORGE MILLER of California. Mr. Chairman, today I rise in strong
support of legislation that would greatly enhance the health and safety
protections in the Nation's coal mines.
Despite significant progress over the last several decades, mining
remains one of the most dangerous jobs in America. Mining fatalities
occur at a rate more than seven times the average of all private
industries; and we are reminded of how dangerous mining can be by the
tragedies like the one in Utah in August of this last year, where six
miners and three rescuers died in what appears to have been a
preventable disaster, and the tragedies of Kentucky and West Virginia
in 2006.
Accidents every year claim the lives of one or two miners at a time.
In 2007, according to the Mine Safety and Health Administration, 32
coal miners and 31 metal and nonmetal miners died on the job. Miners
also face serious health risks, including a resurgence of black lung
disease.
The legislation we are considering today, the S-MINER Act, builds on
the work of the last Congress when it passed the MINER Act of 2006. The
S-MINER Act represents a comprehensive approach to minimize the health
and safety risks facing miners. It is critical that Congress take this
action, because one of the things that is clear is that we cannot leave
mine safety and health to the Bush administration.
When the Sago Mine disaster occurred, we learned that the Bush
administration had withdrawn or delayed more than a dozen health and
safety proposals that would have benefited miners. The Bush
administration filled top-level positions at MSHA with executives from
the very industry that the agency was charged with regulating.
Dangerous rules favored by the industry, which would leave miners
vulnerable to aggressive ``belt air'' fires, became law under this
administration.
From 2001 to 2006, the Bush administration gutted MSHA by cutting
funding and staffing, and especially in coal mine enforcement, where
the worst tragedies would strike in 2006 and 2007. Even as coal
production increased around the country, the Bush administration cut
the Mine Safety and Health Administration's coal enforcement personnel
by 9 percent by 2006. And then came the Sago disaster, Aracoma Alma,
Darby, and Crandall Canyon mines. Even after these recent tragedies,
even after the MINER Act was enacted, we continue to see neglect from
this administration.
The Inspector General found this past fall that MSHA was failing to
conduct mandated inspections on time, leaving thousands of miners
unprotected. In 2006 alone, MSHA failed to complete the required
inspections of 107 mines, employing 7,500 miners. And,
[[Page H46]]
Secretary Chao failed to meet a simple deadline under the MINER Act to
produce regulations on rescue teams, fundamental regulations on rescue
teams, at the end of this last year.
The track record of this administration on mine safety and health has
been horrendous, and Congress needs to act. That is why we are here
today, to make sure that our government fulfills its obligations to
protect those brave men and women who risk their safety to keep this
country running.
The S-MINER Act addresses three broad issues: disaster prevention;
improved emergency response; and long-term health risks. And I will
talk more about those areas in a moment.
Later today, in addition to the underlying bill, I will be offering a
manager's amendment that makes modifications to the bill. Among other
things, that amendment will address the troubling problems of substance
abuse. Because of injuries, overwork, and stress that miners often
suffer, we have heard reports of substance abuse among miners.
I want to be absolutely clear. None of the recent mine tragedies have
been linked to drug use in any way, but we should nevertheless be
proactive in heading off the dangers that drug use poses to the miners.
A few States have already adopted drug testing requirements for miners.
Most, if not all, of the large coal mining companies already utilize
some form of drug testing program. It will take further study to
determine what role, if any, the Federal Government should play here,
but this issue should be dealt with. That is why the amendment I will
offer later today will require the Secretary of Labor to conduct a
study on best practices and will authorize her, within 6 months, to set
up a drug testing and rehabilitation program for miners, in
consultation with miners, their unions, operators, State agencies, and
public health experts.
Two other amendments will be offered by Representatives Boucher and
Ellsworth to build upon and modify this legislation, and I support
those amendments.
I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I rise in support of mine safety and in
opposition to this bill, and I yield myself such time as I may consume.
The men and women who work in and around our Nation's mines are often
unrecognized for the integral role they play in powering our country.
These individuals work hard, in difficult and often dangerous
conditions, to unearth the raw materials that each of us relies upon in
our day-to-day lives.
While mining is inherently dangerous, there are steps we can take to
mitigate that risk. For that reason, mine safety has been an ongoing
priority both legislatively and within the context of oversight.
Although our commitment to mine safety is constant, we also recognize
that new mandates from Washington translate into major changes within
the operation of our Nation's mines. For that reason, we do not and we
must not take a piecemeal approach to mine reform. Rather, we should
develop thoughtful, comprehensive consensus reforms, and then give
those reforms a chance to work. I am pleased to say that we did just
that less than 2 years ago. In 2006, Congress passed the MINER Act
which required MSHA to revise its penalties, increase penalties for
major violations, undertake several studies regarding mining practices,
and work to improve the technology for communications underground. The
MINER Act received strong bipartisan, bicameral support. It was backed
by both industry and labor, and its reforms were understood to be the
most significant in a generation.
With the MINER Act, we called on the mining industry to overhaul
itself, to develop and implement new technologies, and to comply with
strong new protections that were to be developed by the experts. This
type of transformation cannot take place overnight; but let there be no
doubt, change is well under way.
Mr. Chairman, I fear that with this bill before us, we run a very
real risk of derailing that progress and returning to square one on
many critical mine safety issues. H.R. 2768 ignores the safety
guidelines being developed through expert research and review, and
replaces them with arbitrary new mandates established by Congress. This
bill makes an end run around the regulatory process, shutting
stakeholders out.
Simply put, the S-MINER Act abandons the mine safety momentum of the
MINER Act and sends us back to the drawing board.
I appreciate Chairman Miller's concern about the dangers faced by our
Nation's miners, and I share his desire to see strong reforms in place
that will promote safety. That is why Republicans will offer a
substitute amendment that would accomplish exactly that.
The Wilson/Kline amendment will balance successful implementation of
the 2006 MINER Act with a number of mine safety enhancements. I look
forward to supporting that amendment when it is offered, because it
provides a real opportunity to promote mine safety without backing away
from the progress that has been made.
In addition to the Republican substitute, we will consider a number
of other amendments today, including one to be offered by Chairman
Miller. I would be remiss, however, if I did not point out the rather
transparent political expediency of one portion of that amendment.
Included in the Republican substitute is a proposal to implement
mandatory drug testing within the mining industry. A similar proposal
was offered by the late Charlie Norwood, our colleague from Georgia,
who was a stalwart on this issue. The ravaging impact of drug abuse
among miners came into sharp focus this past weekend, when the front
page of the Washington Post carried a story of miners who struggle with
addiction to pain killers. We believe that mandatory drug testing is
the most effective and, indeed, the only way to immediately address the
prevalence of drug abuse that is putting miners' lives at risk.
Our colleagues on the other side of the aisle, however, appear to
have discovered the devastation of drug abuse among miners only late
yesterday afternoon. At that time, several hours after the deadline for
submitting amendments, the chairman was permitted to resubmit a revised
version of his manager's package that included a hastily drafted study
of drug abuse among miners. While this amendment may offer a fig leaf
now that the issue of drug abuse can no longer be ignored, it should
not be mistaken for a legitimate attempt to deter drug abuse in the way
that testing would.
Mr. Chairman, the S-MINER Act is fundamentally flawed. It brings the
progress of the 2006 MINER Act to a jarring halt, creating instead a
package of new prescriptive mandates from Washington. The bill imposes
$1 billion in unfunded mandates on the mining community, placing the
jobs of miners in jeopardy. This bill is the wrong answer at the wrong
time for our Nation's miners. There is a better way.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 30
seconds.
My colleague from California said that we had a study in this. Yes,
we have a study for the Secretary to determine the best way to
implement a drug testing and treatment program after 6 months of
talking to the States and local agencies and the companies and the
miners. We don't impose this from Washington. And then the Secretary,
if she determines that it is feasible, she is instructed to start the
program.
We just thought it would be wise to consult the companies who have
programs, States that have programs, the miners themselves, the local
public health agencies.
I yield 1 minute to the gentleman from Iowa (Mr. Boswell).
(Mr. BOSWELL asked and was given permission to revise and extend his
remarks.)
Mr. BOSWELL. Mr. Chairman, I think we all agree that, first and
foremost, safety is the top priority for everyone involved in the
mining industry. We, as a Congress, must ensure that legislation is
heading in the right direction for the health and safety of American
miners. Over the past several years, we have seen bad safety conditions
and the devastating effects these conditions can have, not only on
communities, but on human life.
We also must recognize the fact that not all mining operations are
the same.
[[Page H47]]
Repeat. Not all mining operations are the same. So I understand, Mr.
Chairman, that you will continue to work with us Members, that you just
said a moment ago, to address any concerns the bill raises as it moves
through the process. And I want to thank Chairman Miller for his
leadership on this issue and his willingness to continue to work and
listen to other Members on the issue. He in fact is a true champion of
our Nation's workers.
Again, I would like to thank him for yielding this time.
Mr. GEORGE MILLER of California. I reserve the balance of my time.
Mr. McKEON. I am happy now to yield to the gentleman from Minnesota
(Mr. Kline), the ranking member of the committee, such time as he may
consume.
{time} 1245
Mr. KLINE of Minnesota. Mr. Chairman, today I rise in favor of mine
safety but in strong opposition to the S-MINER Act.
Unfortunately, the bill as written does little to improve safety in
our Nation's mines. As someone who voted for the MINER Act, I am
concerned that this legislation derails much of what has already been
achieved. I appreciate that there is concern about the speed of
implementation, but the answer is not to call a halt to the work that
has already been done and completely turn direction.
We have heard from mine engineering academics that this bill is
flawed. We have heard from over 28 industry groups that this bill
interrupts the progress being made in mine safety, while the Mine
Safety and Health Administration's opinion has been dismissed by the
other side, apparently until today, when we are going to turn over to
MSHA the issue of drug testing. The President has issued a veto threat
citing safety concerns.
The statement of administration policy specifically states, ``The
requirement to use boreholes to sample behind mine seals weakens
existing safety standards since boreholes have metal casings that could
introduce an ignition source, such as lightning, into an area of the
mine that may contain explosive methane. The S-MINER bill would weaken
current regulations requiring a mine operator to contact the Mine
Safety and Health Administration within 15 minutes of a serious
accident by creating a two-tiered notification system of 15 minutes or
1 hour depending on the severity of the incident.''
I question how in good conscience we can be considering legislation
that, according to the very people who enforce the law, weakens current
regulations.
This bill is going to mandate the use of refuge chambers, examples of
which were demonstrated on Capitol Hill. The National Institute for
Occupational Safety and Health, NIOSH, tested several of these units
and found serious deficiencies.
In a letter to the State of West Virginia, NIOSH expressed concerns
stating, ``Since findings from our field testing raise issues about the
performance of such refuge chambers, NIOSH believes it is imperative to
inform you of our findings as soon as possible before deployment of
refuge chambers.''
Mr. Chairman, later today I will join my committee colleague, Mr.
Wilson, in offering an amendment in the nature of a substitute. This is
a Republican substitute that does not upend the mine safety progress
currently under way.
I urge my colleagues to vote ``no'' on the S-MINER Act.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 30
seconds.
The gentleman should have finished reading the rest of the letter
where NIOSH says that these technical modifications can be addressed
quickly. And, in fact, the preliminary feedback is that manufacturers
have already made many of these, and they have already been
implemented. Read the whole letter. I suggest that the gentleman on the
other side of the aisle read the legislation, and when they want to
introduce evidence, read the complete evidence.
I yield 4 minutes to the gentlewoman from California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, I am proud to be an original cosponsor of
H.R. 2768, the S-MINER Act. The health and safety of miners is too
important to ignore or to delay, and it is vitally important that we
act now, not tomorrow, not in another year, to pass this critical
legislation.
I want to commend Chairman Miller for putting together comprehensive
legislation that actually tackles the problems plaguing mining for
many, many years.
With this legislation, we can prevent the appalling loss of life that
we have had in the past couple of years at Sago, at Darby, at Aracoma,
and most recently at Crandall Canyon in Utah.
Since the year 2006, about 80 miners have been killed at their
workplaces. And that is in the 21st century. Don't forget, this is the
21st century.
Now it is true that working conditions for miners have improved over
the years, and we have come a long ways since the turn of the last
century when thousands of miners died every year. But miners, who
provide a valuable service to this country at great danger to
themselves, are still dying as a result of incidents that were
preventable had everyone been following the law.
And black lung, a disease we thought had pretty much been eradicated,
is back with a vengeance. This is absolutely unacceptable.
I have heard on numerous occasions that miners love their jobs. So
our job for them is to keep them as healthy and safe as possible so
they will return home every night to their families at the end of the
working day and that they will return safe and healthy.
The Subcommittee on Workforce Protection, which I chair, had a
hearing on this legislation in July. And the S-MINER Act actually puts
teeth in the MINER Act which Congress passed in 2006. Let me mention a
few provisions which I think highlight why this legislation is so very
important.
For example, while we know that true wireless communications systems
are not yet fully developed, technologies do exist that greatly improve
communications between miners below ground with those on the surface.
The MINER Act requires that wireless communications systems be
installed, but not until the year 2009. Miners can't wait until 2009.
And the S-MINER Act mandates that miners have communication
capabilities now instead of having to go without until the most perfect
system has been developed.
One of the things that is so outrageous, as I said, in this day and
age is that black lung is back, a disease everyone thought was
eradicated. This legislation, the S-MINER Act, requires the use by each
miner of a personal dust monitor so that exposure to coal dust can be
cut in half. And because the committee recognizes it could be a burden
for mine operators to provide this equipment to their employees, the
manager's amendment authorizes $30 million for MSHA to pay for those
devices.
In addition, the Crandall Canyon disaster showed us once again that
retreat mining is a perilous activity, and this legislation requires
MSHA to closely review these plans.
Another thing the families of miners told us was that miners were
afraid to come forward to report safety and health violations. So this
legislation provides for a miner ombudsman to be appointed to process
complaints and assist whistleblowers with their cases.
And finally, this legislation requires that physicians be created at
MSHA to be in charge of communicating with families and the community
while a rescue effort is going on.
In developing this legislation, we have done our utmost to reach out
across the aisle and to all interest groups, including industry, to
come up with a bipartisan bill.
While industry does not support this bill, and shame on them, many of
their concerns are reflected in the current legislation and in Mr.
Miller's manager's amendment.
Mr. Chairman, this is the 21st century and we must have 21st century
solutions to adequately protect miners in this country. Vote for the S-
MINER Act.
Mr. McKEON. Mr. Chairman, we have some speakers on their way to the
floor and I would like to reserve our time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Illinois (Mr. Hare), a member of the committee.
Mr. HARE. Mr. Chairman, I rise today in strong support of this
critical piece of legislation.
[[Page H48]]
Mining remains one of the most dangerous occupations in the United
States, and our laws have not kept up with the changes in the industry.
As a member of the House Education and Labor Committee, I participated
in several hearings on this issue. At one in particular, I was touched
by the little boy whose father had just been killed in the Crandall
Canyon tragedy. It is for him and the countless other children who will
grow up without a mom or a dad that I believe, as Members of Congress,
we have the responsibility to do all we can to ensure that our miners
are safe and come home to their families safely every night.
The recent tragedies at Sago, Darby and Crandall Canyon mines have
made it apparent that the MINER Act of 2006 has fallen short in some
areas. The legislation we are considering today addresses these areas.
I am particularly pleased that the bill grants MSHA the authority to
shut down mines that have neglected to pay fines for safety violations.
Additionally, the retreat mining and whistleblower protections are
much-needed improvements in the bill.
While the MINER Act of 2006 was a very good first step towards
improving mine safety, it is clear that more work must be done. I
believe today's bill will take us that one step further in making
mining a little safer. I urge my colleagues to vote ``yes'' on this
important legislation.
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman
yield?
Mr. HARE. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. I thank the gentleman for his
support of this legislation, and more importantly, to thank him for all
of his support on behalf of workers during our first session of
Congress. I thank you for your attendance at the hearings and advocacy
and questions on behalf of workers. I know of your very strong interest
in miners, and I want to thank you for your advocacy on behalf of all
workers.
Mr. HARE. I thank the chairman for your comments and for your work.
There is not a more stand-up Member in this Congress for the working
men and women of this Nation.
Mr. GEORGE MILLER of California. I yield 3\1/2\ minutes to the
gentleman from West Virginia (Mr. Rahall).
Mr. RAHALL. Mr. Chairman, I thank the distinguished chairman of the
Education and Labor Committee for yielding me this time, and commend
him for his career, lifelong service of dedication to our working men
and women of this country. Chairman George Miller has certainly shown
over his career in this body that there is no person that will take a
second seat to him as far as protecting the health, safety, and well-
being of our working men and women.
Mr. Chairman, there are those who have argued on the other side that
this measure, coming on the heels of major mine safety legislation in
2006, is too much too soon. They argue that the Mine Safety and Health
Administration is struggling to fix numerous problems and must be
allowed to implement one bill before additional legislative mandates
are hefted upon them.
Now, that argument has a valid point. And yes, the industry is making
strides to improve safety, especially in my home State of West
Virginia.
But an equally valid argument can be made that the Congress should
not simply sit back and hope that MSHA follows through on needed
improvements. To do so would be to neglect our duty to serve as a
check, and we must not return to the hands-off mentality that allowed
MSHA to slip into its recent dismal state of decline.
This legislation seeks to return to MSHA the business of protecting
our Nation's miners, plain and simple. This should be our overall goal.
MSHA has strayed too far from its mission, and the MINER Act did not
touch some challenges that most agree need to be addressed. This bill
supports a course correction that now is taking place. It sets a high
bar because its purpose is the highest: the protection of the lives of
our coal miners. And in this regard, we can never be too vigilant when
it comes to protecting the health and safety and well-being of our
Nation's coal miners.
Most coal companies in my State work hard to ensure improved
workplace safety, and they are making significant investment, for which
they deserve commendation. Likewise, most of the employees of MSHA,
including those in my home State, are well-intentioned, dedicated and
hardworking. These individuals put their lives on the line to save
other lives, and they should be recognized for that.
As well, my home State of West Virginia, above all others, has taken
the challenge of improving mine conditions seriously. But none of this
excuses the management of MSHA from doing its job, and it certainly
does not excuse the Federal legislative branch from its responsibility
to ensure that the senior Federal agency charged with the safety of our
coal miners fulfills its statutory mission.
First and foremost, MSHA is supposed to inspect mines to ensure that
they are abiding by the law to operate as safely as possible. That is
its most fundamental job, its reason for existence. But yet, we found
that MSHA last year failed to complete more than 40 percent of its
required quarterly inspections in my own congressional district alone.
That fact speaks most compellingly for the need for this legislation.
This bill would address that deadly lack of inspections at mines in
southern West Virginia. It aims to provide for badly needed increases
in the ranks of highly trained inspectors, including bringing
experienced retirees back into service and directing limited resources
into the field where they are needed most.
So given these conditions, Mr. Chairman, again I commend Chairman
Miller and urge passage of this legislation.
Mr. McKEON. Mr. Chairman, I am happy to yield at this time to the
ranking member on the Resources Committee, the senior Republican from
Alaska, Mr. Young, such time as he may consume.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Chairman, here we go again; another nail in
the coffin of energy independence. Another nail, in fact, adding to the
unemployment rate.
{time} 1300
If this bill was to become law, mines will be shut down. They will be
shut down. And what bothers me the most is we had a bipartisan bill,
actually it was passed in 2006, I believe, or 2007, that improved the
1977 Mine Safety Health Act. It was supported by everybody, that side
and this side, the administration. And we have not given the time,
that's less than a year and a half, given the time for the operators of
these mines to even reach that requirement that we said was the right
thing to do.
Now, it always amazes me. I don't think there's much coal mining in
Vallejo or in the Bay Area or in Point Reyes. And I do respect the
gentleman from West Virginia because he does have mining. And I've
heard from his operators in that area that there's a very difficult
thought process going forth with this bill. Can they operate? Because
in this bill, they stop the ability for belt air, which, in fact, was
put in for safety purposes, supported by the people who understand
this, for diluting methane and dust levels, and this bill prohibits
that. How is that improving the life of our miners? It is not.
And more than that, I want to remind people. As bad as it may appear,
as very much, you know, heart wrenching when there is a death in a
mine, we still have the safest mining industry in the world. China lost
6,000 people, that we know of last year in their coal mines; building
one new coal fired plant a week.
And here we are, with this bill, if it was to become law, again,
adding another nail in our coffin for energy independence. Coal is a
solution to this terrible dependence that we have on foreign oil.
I was a little disappointed today when I saw the President ask the
OPEC countries to produce more oil so we can lower the price.
Our fault in this country is we're not producing oil on our lands,
which we have, and we're not producing the coal, which we have an
abundance of. And I believe, when saying this under the guise of
helping the miner out, we are jeopardizing their jobs, jeopardizing
[[Page H49]]
the economy in this country, and driving us further into the depression
which may occur.
If that does happen, I want to compliment that side of the aisle,
because you haven't addressed the issue of energy. And I'm a little bit
disappointed. I watched all the Presidential debates. Not even on my
side, let alone that side, has anybody talked about solving the energy
problem in this country. We must address that issue because our economy
is based on energy that can move product. Every ship is fossilly
driven. Every train is fossilly driven. Every truck is fossilly driven.
Every car, everything you eat and everything you consume is delivered
to you by fossil fuels.
Now, we can improve nuclear power to give us fixed power, and we can
burn coal, and we can use solar, and we can use hydro. We can do all
these things. But there's fixed power. And we, as a Nation, and this
Congress have not got to the point where we understand if we don't do
something, we keep sending the dollars abroad, there's a great
possibility that this whole economy we have will implode.
I'm saying, wake up, Mr. and Mrs. America. Start asking your Members
of Congress, let's do something about energy. You can't conserve
yourself into a prosperity position. You've got to have new energy, new
production. Yes, drilling. Offshore in California, shame on you.
Offshore in Florida, shame on Florida. Offshore in Alaska, shame on
Alaska. We must start developing our fossil fuels in the Rocky
Mountains. We must start at the Roan Plateau, which you took off the
table. The Roan Plateau, have that developed. We have to start doing
what is necessary to make sure we're no longer dependent on those
foreign countries that are not our friends.
So I urge a ``no'' on this bill because it's another nail in the
coffin that creates in this country more weaknesses and not the ability
to provide for the future generations.
Mr. GEORGE MILLER of California. I yield myself 30 seconds.
The gentleman from Alaska is quite correct. It's a pathetic sight to
see the President of the United States begging the Saudi prince to
release more oil 8 years after that President has been in office;
several energy bills passed by the Republican Congress, and the
President is left going hat in hand begging the Saudi prince for more
oil. It just shows the opportunity cost of this administration, of that
Republican Congress and the pathetic energy policy that we were left
with.
The new energy bill, however, reverses that trend. I'm very proud to
be part of it.
Mr. McKEON. I yield the gentleman 30 seconds to respond.
Mr. YOUNG of Alaska. My good friend from California, he is my good
friend, you have to recognize that we have not done anything. When you
were in the majority you did nothing. You in fact had President Clinton
veto opening of new oil discoveries in Alaska.
Mr. GEORGE MILLER of California. That's 10 years ago.
Mr. YOUNG of Alaska. Ten years ago. Again, everybody tells me we can
do it at a later date. And what we're doing is nothing. I ask each one
of you in this room that's sitting here today, I'm asking you, are we
going to sit until this whole country comes to a collapse because we're
not addressing the energy policy? The energy bill we passed here has
produced no energy at all.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from New York (Mr. Bishop).
Mr. BISHOP of New York. Mr. Chairman, I rise today in strong support
of H.R. 2768, the S-MINER Act.
Over the past year the Education and Labor Committee, of which I am a
member, has held several hearings on the topic of mine safety. During
those hearings, witness after witness asked that the Federal Government
take stronger actions to protect the health and safety of miners.
Hearing their call to action, we are here today to pass landmark
legislation that will save the lives of countless miners.
H.R. 2768 builds upon the MINER Act to boost prevention efforts,
improve emergency response and reduce health risks. The MINER Act,
which passed during the last session of Congress in response to the
Sago mining disaster, made important steps in protecting miners, but
implementation has been slow, and more needs to be done. Sadly, since
H.R. 2768 was introduced, miners have been seriously injured or killed
while on the job. That is why it is crucial for this Congress to act
now and pass this legislation.
This Congress has been entrusted with the responsibility to make sure
that all workers are protected at their workplace. We take that
responsibility seriously. And I am proud to support this bill which
will take the necessary steps in safeguarding the health and safety of
America's miners.
I want to thank and commend Chairman Miller for introducing this
legislation and moving it so quickly to the floor. And I urge my
colleagues to vote ``yes'' on H.R. 2768.
Mr. McKEON. I am happy to yield to the gentlelady from West Virginia
(Mrs. Capito) such time as she may consume.
Mrs. CAPITO. I'd like to thank the ranking member for his
recognition.
Over the past several years, this country has witnessed a series of
tragic mining disasters, starting with the 12 miners killed on January
3, 2006 at the Sago Mine in my district. I know the families, I know
the communities, and this is a wound that will never heal. This tragedy
was followed by more deaths in accidents around the country, and each
of these disasters has identified and highlighted deficiencies in the
protection afforded miners.
In response to Sago and the other mine disasters, Congress enacted
the MINER Act. We did it in a bipartisan way. It was a very proud day
for me, as a West Virginian, to stand with my fellow West Virginians,
several Governors, the President of the United States. Members of my
own community, from the Sago community, came to the signing to sign the
MINER Act. I'm proud of that effort, and I'm proud of the efforts that
the companies have moved forward to improve the safety since the
enactment of the MINER Act. It has substantially tightened regulations
and enforcement procedures, and the mining industry has made
significant changes in operations and equipment to comply with the
strengthened requirements.
A number of Federal agencies and several State agencies, West
Virginia has been very aggressive in this regard, has pushed reforms to
better respond to incidents that occur and how we can improve the
chances of miners to survive a serious accident. Today more self-
contained self-rescuers are being stored underground than in the past,
and that is a good positive first step.
With the success of the original MINER Act in mind, I do hold some
reservations that additional legislation could complicate the safety
improvements currently under way, and I am not alone in my concern. I
encourage my colleagues to keep this in mind if this legislation moves
forward.
Unfortunately, the events of Sago serve as a reminder that we must
always strive to make America's mines as safe as they can possibly be.
This bill is flawed in many ways. The junior Senator from West
Virginia has publicly expressed his concern, and I have concern that
this bill will hold up some of the progress as it has moved forward.
But at the end of the day, for me, this is about those Sago miners,
and their tragedies stay with me. My hope is that we can continue the
good work that has moved forward as a result of the MINER Act. It is
crucial that Congress continue to highlight mine safety so that the
tragedies we've seen in West Virginia and across the Nation are not
repeated.
Mr. GEORGE MILLER of California. May I inquire of the Chair how much
time each side has remaining.
The CHAIRMAN. The gentleman has 13 minutes, and 15\1/2\ on the other
side.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from New Jersey (Mr. Holt), a member of the committee.
Mr. HOLT. Mr. Chairman, there's no question that mining has been a
dangerous job. And today coal mining is rated among the most dangerous
occupations in America. It does not have to be that way.
As a scientist, I've paid some attention to mine safety technology,
but I also feel strongly about the concerns of those working in mines
because I was born and raised in West Virginia, where my father, many
years ago, as a member of the House of Delegates, and later
[[Page H50]]
in the Senate, was known as one of the best friends the miner ever had.
As an original cosponsor of the S-MINER Act, I want to thank Chairman
Miller and our staff for recognizing the importance of getting
communications technology, currently existing, and that being
developed, into the mines as quickly as possible.
This bill improves the work of the previous Congress by requiring
that enhanced communications and miner tracking systems be installed
immediately upon enactment.
I remain troubled that the Mine Safety and Health Administration and
mine operators have delayed getting promising technology into the
mines. It is really heartrending to share in the terror and tragedy of
miners stranded without communication.
A year ago, NIOSH reached an agreement with the U.S. Army
Communications and Electronics Research Center at Fort Monmouth in New
Jersey to test and develop the KUTTA communications system because
communications on the battlefield and in noisy environments subject to
disruptions have lessons for communications in the mines.
Mr. Chairman, MSHA has not acted with the urgency needed to prevent
future miner fatalities. Today Congress is acting.
I urge my colleagues to support this legislation because, in the wake
of the Sago and Darby and Crandall Canyon mine tragedies, we should not
have to face more families who have faced these tragedies, and we
should do everything we can to prevent such tragedies in the future.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from Kentucky (Mr. Yarmuth), a member of the committee.
Mr. YARMUTH. Mr. Chairman, I rise today in strong support of the S-
MINER Act because it will quite simply and without doubt save the lives
of innocent Americans. It could have saved the life of my fellow
Kentuckian, Jimmy Lee, whose widow Melissa I met this past year. She
courageously came to us for help because, though it was too late to
save her Jimmy, we still had the chance to prevent more loving spouses
from becoming courageous widows.
Yesterday, Melissa and 27 other Kentuckians sent me a letter. Each
has lost a father, son or husband in a preventable mine disaster, and
each urges the implementation of this legislation.
I found it very interesting to listen to my colleague from across the
aisle, the gentleman from Alaska. And he used the term on a number of
occasions, a nail in the coffin: And this is what we're talking about.
In my case, today, I'm talking about a letter from 28 Kentuckians who
had to put their relatives, their loved ones in coffins and bury them
because this government has not done what it can and should do to
protect them.
In any event, the White House threatens a veto, not so much because
it disagrees, but because the Department of Labor still hasn't
implemented the last law. Congress is here to act when bureaucracies
drag their feet. And here the consequences of the administration
stonewalling are disastrous.
This is one of those choices we face in this era. We face the
decision between money and lives. And as I said during the hearing when
we looked into the Darby disaster and Sago and Crandall Canyon, we need
to have a country and a government that value the lives of the miners
as much as what they bring out of the ground. That's what this
legislation is all about. That's what we stand here to do. And that's
why I congratulate the chairman for his courageous act and his passion
for this cause.
So with that, I urge my colleagues and the President to join me in
supporting the Supplemental Mining Improvement and New Emergency
Response Act. And I urge them to begin saving lives today.
Mr. GEORGE MILLER of California. I yield myself 30 seconds.
I want to thank the gentleman. I've had an opportunity to read the
letter from his constituents, and I want to thank him for entering it
into the Record. It's on behalf of those families and the families of
the other mining tragedies who have also written to us that we made a
pledge in our committee, as the gentleman knows, that this committee
was going to be very diligent about pursuing mine safety.
{time} 1315
It had been ignored for too long. The families had been closed out of
the process. They were not allowed to testify. They were not allowed to
go to the investigations. They were not allowed to attend the hearings,
and this legislation changes much of that.
And you're quite correct and I want to thank him and his constituents
for the support of this legislation.
Announcement by the Chairman
The CHAIRMAN. Members are reminded to refrain from wearing
communicative badges while under recognition.
Mr. McKEON. Mr. Chairman, I yield such time as he may consume to the
gentleman from South Carolina (Mr. Wilson). He's the senior ranking
member on the subcommittee.
Mr. WILSON of South Carolina. Mr. Chairman, I thank Congressman
McKeon very much for the introduction. I appreciate his leadership on
the committee.
I speak in opposition to the bill and in favor of mine safety, as
fully explained by the Statement of Administration Policy dated January
15, 2008, from the Office of Management and Budget.
In 2006, the President signed the Mine Improvement and New Emergency
Response, MINER, Act, the most significant mine safety legislation in
nearly 30 years. The administration has worked with miners, mine
owners, miners' representatives, and other stakeholders in the mining
industry to meet the safety improvement goals set forth in the original
MINER Act, including issuing regulations to strengthen emergency mine
evacuation practices, improve the strength requirements for seals, and
increase civil penalties. In addition, on December 26, 2007, the
President signed the Omnibus Appropriations Act, which mandates
additional rulemaking on belt air and refuge chambers on rigorous
timetables.
H.R. 2768, the Supplemental Mine Improvement New Emergency Response
Act, the S-MINER bill, would place in jeopardy meaningful achievements
and efforts currently under way as a result of these measures. In
particular, several of the regulatory mandates in the S-MINER bill
would weaken several existing regulations and overturn regulatory
processes that were required by the MINER Act and are ongoing.
These changes would provide no opportunity for stakeholder
participation in the regulatory process and would impose burdensome and
unrealistic time requirements. The S-MINER bill would also
fundamentally change the investigation of mining accidents and
jeopardize the ability to hold mine operators accountable for
violations of mine safety regulations.
For these reasons, the administration strongly opposes House passage
of the bill. If H.R. 2768 were presented to the President in its
current form, the President's senior advisers would recommend he veto
the bill.
The S-MINER bill requires new regulations on the strength of mine
seals, even though a new emergency temporary standard on mine seals was
issued in May 2007 and a final regulation will be issued in February
2008. To reopen this process would cause confusion within the industry
and put on hold improvements already being made to underground mine
seals.
The S-MINER bill would weaken current regulations requiring a mine
operator to contact the Mine Safety and Health Administration, MSHA,
within 15 minutes of a serious accident by creating a new two-tiered
notification system of 15 minutes or 1 hour, depending on the severity
of the incident.
Of particular concern is a provision requiring the MSHA to adopt the
recommended exposure limits issued by the National Institute for
Occupational Safety and Health as permissible exposure limits, PELs.
This provision overturns a Federal court decision that requires
agencies like the MSHA to perform a risk assessment prior to issuing a
PEL. This provision would mandate the adoption of potentially hundreds
of PELs without any input from stakeholders and without determination
of whether the PEL is economically and technologically feasible.
The S-MINER bill would allow a stakeholder to challenge a PEL only
after its issuance. This process undermines the rigor of the normal
rulemaking process and places the burden
[[Page H51]]
of proof of technological and economic feasibility on stakeholders
instead of the Department of Labor.
The S-MINER bill would potentially quadruple the number of
investigations into multi-injury or multifatality accidents by adding a
requirement for another investigation by an independent investigative
team and by giving the Chemical Safety Board, as well as the Office of
the Inspector General within the Department of Labor, the right to
investigate mine accidents. These provisions undermine the government's
ability to hold accountable mine operators who violate mine safety and
health regulations since multiple investigations potentially using
different methodologies and reaching different conclusions could
prejudice the government's ability to prosecute civil or criminal
investigations of mine safety and health standards that contributed to
or exacerbated an accident.
Current law gives MSHA the sole authority to investigate mine
accidents, and when MSHA investigators uncover possible criminal
violations, they identify the necessary enforcement action to take
against a mine operator and make an appropriate referral to the
Department of Justice.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to
the gentleman from Iowa (Mr. Loebsack).
Mr. LOEBSACK. Mr. Chairman, in recent years we have seen several mine
tragedies that cost the lives of hardworking individuals. Our first
thought should always be the safety of mine workers. We must ensure
there are adequate regulations in place to provide the safest working
environments possible.
Iowa is a proud home to many limestone producers. While they share
our goal of protecting mine workers, we must also recognize the
differences between limestone mining and coal mining. These local
producers are concerned that some provisions in this bill may harm
small businesses. These businesses provide jobs in our local
communities and are critical to Iowa's continued economic development.
I want to thank the chairman for his work on this bill and for his
willingness to continue a dialogue on this issue. As this bill
continues to move through the legislative process, I hope we can reach
a compromise supported by workers, industry, Congress, and the
administration.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from New Jersey (Mr. Andrews), a member of the committee.
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I thank the chairman for yielding.
In the spring of 2007 at the Crandall Canyon Mine, retreat mining
began, and when they started the retreat mining on the north side of
the mountain, there were indications that there could be trouble. There
were literally noises, sounds, that say there could be trouble. So they
stopped.
In June of 2007, the company conducting that mining went to the mine
safety regulators, the Federal Government, and said we want to now do
on the south side of the mountain what we stopped doing on the north
side of the mountain. In just over a week, 9 days as I recall, the
Federal regulators said go ahead and do it. How much care could they
have taken in that analysis in that short period of time? Tragically,
in August of 2007, nine people lost their lives.
Here's what this bill would change. It would say that the next time a
mining company submits a retreat mining plan, they've got to have a
computer model of what might happen when they start. They've got to
send people from the mine safety agency to the mine to watch that it's
being done the right way, and they've got to look at every possible
technology that could be used to protect and save people's lives.
Tonight, nine families have an empty chair at the dinner table
because of the tragedy that occurred at Crandall Canyon. I can't assure
any of those people that we would avoid a future tragedy, but we have
to try, and this bill is an intelligent, good-faith effort in that
regard. It deserves the vote of every Democrat and every Republican. It
deserves to become law.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to
the gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman's courtesy,
as I appreciate his leadership.
I voted against the last mining reform on the floor of the House,
even though it represented some progress, because, frankly, it didn't
go far enough and it didn't do it quickly enough. The treatment of our
miners compared to what is going on in other developed countries who
take mine safety seriously is a national disgrace. I am pleased to see
a comprehensive piece moving forward. This is going to help reverse
that course.
I heard some say that this administration would veto the legislation.
I would consider a veto of mining legislation by this administration a
badge of honor, an administration that has put the wrong people in
charge, has been not zealous in dealing with the problems that have
come forward, that have taken tragedies to at least seemingly get their
attention.
I hope that each Member of the House spends a little time looking at
this legislation comparing it to what's going on in the rest of the
world. I'm confident that they will then support the legislation, and
if by some reason the administration chooses to override it, I'm
confident that people of good conscience can override it to give the
miners the safety they deserve.
Mr. McKEON. May I ask about the remaining time?
The CHAIRMAN. The gentleman from California (Mr. McKeon) has 10\1/2\
minutes remaining. The gentleman from California (Mr. George Miller)
has 4\1/2\ minutes remaining.
Mr. GEORGE MILLER of California. I'm the only speaker. We were
looking for a gentlewoman to do a colloquy, but she's not here. If she
shows up, I would do the colloquy with her, but I wouldn't take
additional time. So you can go ahead and use your time.
Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
Today we've heard a great deal about how to keep miners safe. It
should go without saying that mine safety is the proposition to which
we're all committed. However, we're not here today debating whether to
protect miners. Instead, we're here considering a bill that would
actually derail the most comprehensive mine safety overhaul in decades.
All of us are for mine safety. You know, during this campaign, I have
been listening to some of the candidates running, and I think the
feeling amongst many people is that Washington is broken and that we
don't seem to attack things that are really important.
Well, in 2006, we passed a miner safety bill, the first one in 30
years. That was passed with the support of 381 Members to 37 Members
here in the House and unanimously in the Senate.
Now here we are less than 2 years later talking about another bill
that's going to, after a 30-year hiatus, we pass a bill, we're doing
what we can to implement that bill. By the time regulations are
written, by the time people are trained on enforcing those regulations,
by the time the mine owners put those regulations into effect, it takes
some time, and then here we're stepping on that bill with a new
approach to change some things.
And we heard from Mr. Wilson the President's response and why he says
we should give the time to fully implement the bill that was just
passed less than 2 years ago. It makes sense. We live in a large
country, and to try to disseminate this information and get it all into
effect takes some time, and we're just saying that's why people think
Washington's broke. We're stepping on something that we haven't even
implemented yet.
And I don't question any motives because I think the motives are
good. We should be out to protect miners. It's just which way will
protect them best: implementing the bill that was already passed
overwhelmingly or trying to pass a bill that will step on some of those
concerns.
This law was only given 1\1/2\ years to take hold, as mentioned. It's
already having an impact on our Nation's mines. Stringent safety
standards are being put in place and they're being enforced. A recent
article in a mining industry publication explored the impact on the
mines as seen from the eyes of a miner.
He says, ``As you can imagine, the regulatory environment for safety
has
[[Page H52]]
evolved a lot in the last few months, and we're seeing as much as a 50
percent increase in underground mine inspections on an annualized
basis.'' That's the words of a miner to an analyst.
{time} 1330
With all the progress that has been made, it seems to me that the
last thing we should be considering is the disruption of that momentum,
yet that's exactly what will happen if the S-MINER Act becomes law.
This bill discards the expert studies already under way, replacing the
wisdom and recommendations of professionals with arbitrary mandates
from Washington.
Although the bill purports to protect miners, in reality it threatens
the jobs we rely on. That's another thing that I'm learning, that
people are very interested in the economy and jobs, and here we have an
effort that probably will cut jobs. With $1 billion in unfunded
mandates in the underlying bill, the majority's attempt to mask these
burdensome costs by extending the implementation timeline is a weak
attempt to divert attention from the toll that will be taken on the
mining community.
Mr. Chairman, as a strong supporter of mine safety, I want to be
clear that there is a better way to protect the interests of the
Nation's miners. We can stand for strong safety protections without
diverting attention and resources from the work already under way.
Later today, Representatives Wilson and Kline will offer an amendment
to do exactly that. The Wilson/Kline amendment incorporates a strong
drug testing requirement that will protect miners from the dangers of
illegal substance abuse in the already dangerous mining environment.
I am pleased to see our colleagues on the other side of the aisle
joining us in our concern about the danger and devastation of drug use
among miners. I am saddened, however, by the appearance of cynicism in
the last-minute addition of this issue to the manager's package. I hope
they will join us in supporting a real solution in the form of drug
testing, something that our colleague, Charlie Norwood, who passed away
last year, had been working on for years before, rather than a mere
study that provides more political cover than genuine safety
protections.
Despite the best intentions of its sponsors, this bill will do much
more harm than good. It will layer new rules and requirements on top of
the critical mine safety reforms already in place. With this bill, we
are abandoning the bipartisan reforms of the 2006 MINER Act and
abandoning all the progress that has been made.
Members on both sides of the aisle have expressed concern that this
legislation is premature. A group of seven respected Democrats
representing districts with a history of underground and surface mining
wrote to the chairman of the Education and Labor Committee to urge us
to proceed with caution. From them I quote: ``We believe that before
moving forward on new mine safety legislation, it would be prudent for
the committee to wait for the conclusion of the studies called for in
the MINER Act and the implementation of all the major requirements of
the MINER Act.'' They were right. The academic experts are right. The
Federal Mine Safety and Health Review Commission is right. The National
Mining Association is right. Each of these stakeholders understands
that the S-MINER Act is the wrong bill at the wrong time.
As a strong supporter of mine safety, I have no choice but to oppose
this bill. I urge my colleagues to do the same.
Mr. Chairman, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, may I inquire as to
how much time is remaining.
The CHAIRMAN. The gentleman has 4\1/2\ minutes.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield such time as
she may consume to the gentlewoman from Michigan (Ms. Kilpatrick).
Ms. KILPATRICK. First, let me congratulate you for a fine piece of
legislation for the safety of our coal miners and others who need to
make sure that our people working in the mines across this country are
safe and that they have a working atmosphere that is safe for them and
for their families. I congratulate you on that act.
In Michigan, in my district specifically, we have salt mines; no
explosions, they aren't dangerous, and this act also covers our salt
mines. I live under some of the salt mines. I live over the salt mines,
I might add. They are a hundred years old. We've never had a collapse.
They don't have the same requirements. They provide critical
infrastructure needs that we have in our community, and have been very,
very good business partners in our community for over 100 years. I
worry that, with this legislation, they may be penalized and have to
come under some of the limits, air limits, the larger fines, and the
impact of those. So, I am asking, can you assure us that our salt mines
in Michigan and my constituents, that this S-MINER will not be unfairly
applied to them?
Mr. GEORGE MILLER of California. If the gentlewoman would yield.
Ms. KILPATRICK. I will yield.
Mr. GEORGE MILLER of California. I want to thank you for your support
of this legislation. I would note that the manager's amendment will
slow down the required schedule of underground mines to convert to the
new more fire-resistant conveyer belts. These belts will help prevent
deaths in all kinds of underground mines. And the amendment will ensure
that mine operators have a chance to use up the perfectly good belts
that they have in their inventory.
Also, the S-MINER Act will not adopt new safety standards for
underground non-coal mines, except for the conveyor belt, and in this
case, the mines which regularly emit methane gas, new rules for
explosion-proof seals. It certainly does not treat these mines like
coal mines.
The current air quality standards for underground salt mines are
based on 1973 rules established by a private organization and
incorporated by reference into the MSHA regulations. It is hard to even
locate a copy of these old standards. It is the intent of S-MINER to
adopt air standards that are justified by the unbiased scientific
evidence as preventing health risks to miners and are feasible for the
mines to achieve. If mine operators object to the new mine health
limits based upon concerns of technological or economic feasibility,
the bill requires them to fully analyze these concerns before adopting
new standards. By speeding up the rulemaking process, we want to
accelerate MSHA to address real hazards, but do not intend to adopt
unsupported standards that do not create significant benefits or are
not feasible for compliance.
The S-MINER Act does increase minimum and maximum penalties for
violation of requirements that specifically protect the health and
safety in underground metal and non-metal mines. However, it leaves in
place the requirements in the law that small mines get a break, that a
mine operator's history is a factor in assessment, and that the degree
of negligence and seriousness of the hazard is to be considered.
Also, I want to note that our colleague, Congressman Ellsworth, has
an amendment which would eliminate the requirement from the bill that
concerns many of your constituents with respect to escrowing proposed
penalties before contest.
Ms. KILPATRICK. Thank you, Mr. Chairman.
Ms. HERSETH SANDLIN. Mr. Chairman, I rise today to thank Chairman
George Miller and his colleagues on the House Education & Labor
Committee for their work on H.R. 2768: Supplemental Mine Improvement
and New Emergency Response Act of 2007 or S-MINER. The efforts of the
Committee further address the dangers associated with mining,
particularly the threats to coal miners we have seen all too
frequently, most recently with the Crandall Canyon Mine disaster in
2007.
While I supported the MINER Act in 2006 and believe that Congress has
a responsibility to continue to strengthen mine health and safety
regulations, I am not able to support H.R. 2768 because of the
unintended consequences it may have on mining operations outside of the
coal industry.
While I acknowledge the Education and Labor Committee's efforts to
engage industry in this debate, I feel the concerns of the surface
mining industry are not adequately addressed in this legislation. As
such, S-MINER may unnecessarily harm many small mining operations with
new burdensome compliance requirements.
In South Dakota, aggregate mining operations create good paying jobs
and provide products essential to the construction industry.
[[Page H53]]
They are an important part of numerous local economies in the state.
Therefore, I cannot discount the concerns of aggregate mining
operations over the process by which ``permissible exposure limits''
(PELs) will be adopted under S-MINER. With the cost of road
construction and maintenance skyrocketing, South Dakota and other
states are often forced to make tough decisions. If aggregate miners
are required to adopt additional regulations under S-MINER, we may see
the cost of this construction component rise even higher.
I believe it is imperative that we continue to closely monitor the
progress of MINER implementation, and I will continue to look for ways
to support regulation reform that protect the health and safety of mine
workers.
Ms. SLAUGHTER. Mr. Chairman, I submit the following articles
supporting H.R. 2768 from Lexington, Kentucky and Salt Lake City, Utah.
[From Lexington Herald-Leader, Dec. 10, 2007]
Unaddressed Risks: Additional Mine-Safety Measure Needed
Congress and President Bush nearly broke their arms patting
themselves on the back last year when a new mine-safety act
became law.
The measure had the coal industry's blessings and was about
all that could get through the Republican-controlled
Congress, even in a year when 47 miners were killed in
accidents, including underground explosions in Kentucky and
West Virginia.
The MINER Act was a decent start. But it was also riddled
with weaknesses, including no provisions that directly
addressed the conditions leading to the deaths of 12 men at
the Sago, W.Va., mine.
There were no requirements that mines have rescue chambers
or that miners' emergency breathing devices be subject to
random checks to be sure they work.
Now it's time to do better.
The Supplementary Mine Improvement and New Emergency
Response Act, known as S-MINER, is awaiting action by the
House.
In addition to filling the previously listed gaps, the
measure includes a range of health and safety improvements
that have long been needed, including new limits on:
Retreat mining, in which coal pillars supporting the mine's
roof are removed and which led to the deaths of six miners
and three rescuers at the Crandall Canyon mine in Utah this
year.
The use of coal conveyor-belt tunnels to ventilate mines, a
practice that carries flames and poison gases to where miners
are working when a fire occurs on a conveyor belt and that
contributed to the deaths of two miners at the Aracoma mine
in West Virginia last year.
Also, at long last, the measure requires more advanced
technology for measuring dust levels in mines to prevent
black lung, the smothering disease that is making a
resurgence among American miners.
And, in a major advance for mine safety, the bill provides
for independent panels to investigate mine accidents causing
multiple deaths, injuries or entrapments.
Under the current law, the U.S. Mine Safety and Health
Administration is responsible for investigating itself, an
obvious conflict of interest.
The coal industry argues that it would be unfair to impose
new safety requirements while it's still struggling to put
last year's law into place. But that's a lame excuse when the
proposed changes are so obviously needed.
Of course, no law will keep miners safe until Congress and
a new president rebuild MSHA.
An inspector general recently found that while underground
mining increased 9 percent from 2002 to 2006, the number of
federal mining inspectors had decreased by 18 percent, from
605 to 496.
As a result, MSHA failed to conduct required inspections
last year at 107 of the nation's 731 underground coal mines.
____
[From the Lexington Herald-Leader, Jan. 16, 2008]
Toughen Mine Safety: Bill Adds Scrutiny to Accident Investigations
President Bush says he would veto a strong mine-safety law
because it would interfere with a weak mine-safety law and
confuse the coal industry.
Bush's logic will produce more widows and orphans in the
coal fields.
Kentucky's House delegation--the Republicans and the
Democrats--should support S-MINER, the Supplementary Mine
Improvement and New Emergency Response Act.
The MINER Act, enacted in 2006, was the best that could be
gotten from a Republican- controlled Congress. Now with the
Democrats in charge it's time to fix the weaknesses in that
law.
The bill awaiting House action directly addresses the
causes of mine fatalities at Darby in Kentucky, Sago and
Aracoma in West Virginia and Crandall Canyon in Utah.
Of all the objections to S-MINER raised by Bush, the
silliest is his claim that independent investigations would
dilute accountability for mine accidents. Just the opposite
is true.
In Kentucky, we've seen firsthand the folly of requiring
the U.S. Mine Safety and Health Administration to investigate
itself.
After the Darby explosion in Harlan County, in which five
miners died, MSHA appeared to be more interested in covering
its backside than uncovering all the facts.
An MSHA inspector had spent three days in the mine during
the week before the explosion. But MSHA refused to let
Kentucky investigators or anyone outside MSHA question him.
Such conduct puts miners at risk and damages the public's
confidence in government.
The bill before the House would provide for independent
panels to investigate mine accidents that cause multiple
deaths, injuries or entrapments.
Congress should approve it and Bush should sign it.
____
[From the Salt Lake Tribune, Nov. 15, 2007]
Mine Safety: Congress Considers Overhaul of Rules and Regs
It's a simple, noble, attainable goal, one Utah's
underground miners can live with. ``We want to do everything
we can to ensure that miners are able to return home safely
at the end of their shifts.''
That from U.S. Rep. George Miller, D-Calif., the chairman
of the House Education and Labor Committee and sponsor of the
Supplemental Mine Improvement and New Emergency Response Act
of 2007.
The bill was drafted in response to another deadly year in
U.S. deep mines--25 coal miners and 28 other miners have died
to date. It enhances and hastens many of the safety
provisions contained in the Miner Act of 2006 and provides
for additional rules and regulations in an industry where
safety is sometimes sacrificed in the quest for profit.
There's a lot to like about Miller's bill, which is co-
sponsored by U.S. Rep. Jim Matheson, D-Utah, and was inspired
in part by the tragic accidents at Utah's Crandall Canyon
coal mine in Emery County, where six miners and three rescue
workers were killed in mine collapses in August.
The legislation would establish the Office of Miner
Ombudsman, which would receive and track anonymous complaints
from miners who are aware of dangerous mining conditions or
safety violations, but are afraid to speak up for fear of
losing their jobs. It would give the federal Mine Safety and
Health Administration absolute authority to supervise and
direct rescue and recovery efforts after mine accidents,
negating the need for voluntary cooperation of mine owners.
And it would provide for more oversight of retreat mining--
a dangerous mining method in which coal is scavenged from
mine support walls--in mines more than 1,500 feet
underground, which are common in the West.
The committee forwarded the bill to the full House in a 26-
18 vote that fell along partisan lines, with Republicans,
including Rep. Rob Bishop of Utah, siding with the mine
industry and MSHA in opposition.
Bishop, who argued that the Miner Act of 2006 is not yet
fully-implemented and probes of the Crandall Canyon tragedies
are still under way, says the bill is premature and takes
``everything to an extreme.'' But it's obvious that immediate
and extreme measures are needed, because miners are still
dying by the dozens. Congress should approve this bill.
Mr. PETRI. Mr. Chairman, workers in this country should be able to go
to work each day secure in the knowledge that all measures are being
taken to ensure their safety. The tragedies at Sago, Aracoma, and Darby
demonstrated that this was not the case in the mining industry.
That is why Republicans and Democrats came together during the last
Congress in a bipartisan manner to enact the first significant mine
safety reform legislation in generations. I believe that the
requirements and studies in the MINER Act are making great strides in
putting in place regulations and standards and in developing technology
to protect mine workers.
Today, we are considering the Supplemental Mine Improvement and New
Emergency Response Act (S-MINER). I believe that this legislation is
flawed in many ways and could, in fact, undermine many of the needed
reforms put in place by the MINER Act.
In my own State of Wisconsin, aggregate (stone, sand, and gravel)
mining is a dominant industry. The safety hazards and appropriate
safety procedures and equipment for this industry vary greatly from
that of coal mining. In many instances, the condition of a stone, sand,
or gravel operation is more similar to that of an earth-moving
construction site than that of an underground coal mine.
However, the S-MINER Act takes a ``one size fits all'' approach and
fails to take into account these differences. Many of the regulations
and penalties mandated in the S-MINER Act will fail to improve safety
in aggregate mines, while putting an undue financial burden on the
industry.
It is important that Congress continues strict oversight of Mine
Safety and Health Administration (MSHA) and related agencies as the
MINER Act is fully implemented. As the recent Crandall Canyon disaster
demonstrates, these reforms are vitally needed in the industry.
However, today I am voting against the S-MINER Act because the bill is
premature and overbroad.
Mr. MATHESON. Mr. Chairman, I would like to compliment Chairman
Miller. He has been a tireless advocate for America's mine workers and
has worked hard to improve mine safety. I appreciate working with the
Chairman to include language in H.R. 2768 that will allow for the
appropriate use of belt-air in mines.
[[Page H54]]
This legislation is very near to my heart and is something that I
have been working on in the aftermath of the disaster at Crandall
Canyon Mine which is in my district.
On August 6, six miners were trapped when rocks and debris exploded
off the walls of the tunnels where they were working, more than
eighteen hundred feet underground. During the rescue attempt that
followed, further disaster struck when underground activity caused a
burst of rubble to explode off the cavern wall, killing three rescuers.
One of the most difficult aspects of the Crandall Canyon mine
collapse was not knowing where the trapped miners were when the cave-in
occurred. It made for an excruciating ordeal for the families, the mine
owner and the mine rescuers. The lack of communications left the
rescuers with the frustrating scenario of trying to drill blindly
through hundreds of feet of rock with the hope of reaching survivors.
While mines generally have reliable communications systems in place,
most mines have properties that make implementation of current
technology difficult. For example, the open air pathway required for
radio signals and WiFi do not exist and less than ten percent of the
radio spectrum used above ground can be used underground. Because of
the challenges of the mine environment and the limited nature of the
market, much needed technology has not yet been developed or is not
commercially available.
H.R. 2768 contains a provision that accelerates the deployment of
current mine communications technology in mines, which is very
important. I would also like to add that the House recently passed
legislation that I wrote, H.R. 3877, the Mine Communications Technology
Innovation Act.
That bill, if enacted, would accelerate the development of
innovative, next generation mine tracking and communications
technology. Communications issues are critical and must be addressed as
soon as possible in order to better protect our miners.
I thank you Mr. Chairman for your leadership on mine safety issues.
Mr. BLUMENAUER. Mr Chairman, today I will vote in favor of H.R. 2768,
the Supplemental Mine Improvement and New Emergency Response Act. This
comprehensive legislation addresses the many short-comings of the MINER
Act of 2006, which Congress passed in the wake of several fatal coal
mining accidents.
I voted against the 2006 legislation because it did not go far enough
to prevent these tragic, avoidable accidents, instead focusing
exclusively on emergency response and rescue. It is a national disgrace
that S-MINER is the first legislation in over 30 years that addresses
preventing mining accidents and illness. We have witnessed far too many
needless disasters and I am proud to support this comprehensive
legislation which will not only further improve emergency response, but
also reduce health risks to workers and enhance prevention efforts.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the
balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the committee amendment is as follows:
H.R. 2768
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Supplemental Mine Improvement and New Emergency Response
Act of 2007'' or the ``S-MINER Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions; references.
Sec. 4. Supplementing emergency response plans.
Sec. 5. Supplementing enforcement authority.
Sec. 6. Supplementing rescue, recovery, and incident investigation
authority.
Sec. 7. Respirable dust standards.
Sec. 8. Other health requirements.
SEC. 2. FINDINGS.
Congress finds that--
(1) while the MINER Act of 2006 (Public Law 109-236) was an
essential first step in addressing the many health and safety
hazards that miners still face, supplemental action is
necessary and feasible to better protect miners in coal and
other mines;
(2) essential standards to protect miner health established
by the Federal Mine Safety and Health Act of 1977 are out of
date after 40 years, posing a significant threat to miner
health; and
(3) the Secretary of Labor has failed in recent years to
adequately fulfill the Secretary's obligations under the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et
seq.), additional Congressional intervention is needed.
SEC. 3. DEFINITIONS; REFERENCES.
(a) Definitions.--As used in this Act--
(1) the term ``Secretary'' refers to the Secretary of
Labor; and
(2) any other term used in this Act that is defined in
section 3 of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 802) shall have the meaning given the term in such
section.
(b) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 801 et seq.).
SEC. 4. SUPPLEMENTING EMERGENCY RESPONSE PLANS.
(a) Post Accident Communications.--Section 316(b)(2)(F)(ii)
(30 U.S.C. 876(b)(2)(F)(ii)) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(II) Not later than''; and
(2) by inserting after the clause designation the
following:
``(I) Not later than 120 days after the enactment of the S-
MINER Act, a plan shall, to be in approved status, provide
for a post accident communication system between underground
and surface personnel, and for an electronic tracking system
permitting surface personnel to determine the location of any
persons trapped underground, that utilizes a system at least
as effective as a `leaky feeder' or wireless mesh type
communication and tracking system currently in use in the
industry. These systems shall be enhanced physically,
electronically, or redundantly, to improve their
survivability in the event of a mine disaster. In addition,
to be in approved status, an emergency response plan must be
revised promptly to incorporate new technology which the
National Institute for Occupational Safety and Health
certifies can be added to the existing system to improve its
ability to facilitate post-accident communication with or
tracking of miners. No miner shall be disciplined based on
information obtained from an electronic communications and
tracking system.''.
(b) Underground Refuges.--Section 316(b)(2)(E) (30 U.S.C.
876(b)(2)(E)) is amended by adding at the end the following:
``(vi) Not later than June 15, 2008, the Secretary shall
issue interim final regulations, consistent with the design
criteria recommended by National Institute for Occupational
Safety and Health in its report pursuant to section 13(b)(1)
of the MINER Act, and subject to the requirements of the next
sentence, requiring each emergency response plan to provide
for the installation of portable rescue chambers meeting
National Institute for Occupational Safety and Health design
criteria, or refuge shelters carved out of the mine workings
and sealed with bulkheads meeting National Institute for
Occupational Safety and Health design criteria, or other
refuge designs recommended by National Institute for
Occupational Safety and Health that provide miners with
equivalent or better protection, in the working areas of
underground coal mines within 60 days following plan
approval. In addition, a plan shall provide for the
maintenance of a mobile emergency shelter within 500 feet of
the nearest working face in each working section of an
underground coal mine.''.
(c) Improvements to Seals, Ventilation Controls, and Rock
Dusting To Limit the Damage From Explosions.--
(1) Repeal.--The MINER Act (30 U.S.C. 801 note) is amended
by striking section 10 (concerning sealing of abandoned
areas).
(2) Seals.--Section 303(z) (30 U.S.C. 863(z)) is amended by
adding at the end the following:
``(4)(A) The Secretary shall inspect all seals under
construction after the date of enactment of the S-MINER Act,
during at least part of their construction, to ensure the
mine operator is complying with the approved seal plan, and
shall develop an inspection protocol for this purpose.
``(B) Not later than 3 months of the date of enactment of
the S-MINER Act, the Secretary shall issue final rules
regarding approval, design, construction, inspection,
maintenance and monitoring of underground coal mine seals
which shall meet the requirements of this paragraph. Except
as otherwise provided by this paragraph, these regulations
shall implement the most recent recommendations of the
National Institute of Occupational Safety and Health
concerning seal design, construction, inspection, maintenance
and monitoring. The regulations shall also provide that all
seals in a mine shall be monitored if they are not designed
or installed to withstand a constant total pressure of 240
pounds per square inch, using a static structural analysis.
Monitoring of seals shall be done by continuous monitoring
devices within one year of the date of enactment of this Act,
and prior thereto by qualified personnel at such intervals as
the Secretary determines are adequate to ensure safety. The
Secretary shall require mine operators to utilize a tamper-
resistant method to retain records of all such monitoring and
ensure they are available for examination and verification by
the agency. Monitoring of seals shall be done both by--
``(i) sampling through at least 1 seal in each bank of
seals; and
``(ii) for new seals, unless infeasible due to property
rights, sampling through a sufficient number of boreholes
from the surface to the sealed areas underground to
effectively determine the gas concentrations within the area.
``(C) In addition, the regulations shall provide that--
``(i) seal sampling pipes shall be composed of materials
that minimize the risk of transmitting
[[Page H55]]
any electrical charge, and no conductive materials may be
used to line boreholes within three feet of the surface;
``(ii) an action plan for sealing and repair be established
that will, among any other requirements, include specific
actions the mine operator will take to protect miners during
the critical time period immediately after sealing or repair
takes place, and which shall be reviewed by personnel from
the Mine Safety and Health Administration who have the
required expertise prior to approval; and
``(iii) methane pressures behind any seal required to be
monitored shall be maintained in such a manner as ensure that
normal pressure variations that can be reasonably anticipated
in the area of the seal do not bring the methane-air mixture
into an appropriate safety range surrounding the known
explosive range of such mixtures.''.
(3) Ventilation controls.--Section 303(c) (30 U.S.C. 863)
is amended by inserting at the end the following new
paragraph:
``(4) Not later than 1 year after the date of enactment of
the S-MINER Act, the Secretary shall publish interim final
regulations to enhance the survivability of underground mine
ventilation controls. The Secretary shall require that
stoppings be constructed using solid concrete blocks laid wet
and sealed with an appropriate bonding agent on at least the
side subjected to the velocity of the intake air coursing
through the entry, except that in the case of stoppings
constructed during barrier reduction and pillar removal
operations, such stoppings may be constructed using hollow
block and an appropriate bonding agent.''.
(4) Rock dusting.--Section 304(d) (30 U.S.C. 864) is
amended by adding at the end the following: ``Not later than
June 15, 2009, the National Institute for Occupational Safety
and Health shall issue recommendations as to whether changes
to these requirements are necessary to ensure an equivalent
level of protection in light of any changes to the size and
composition of coal dust since these requirements were
established, and the Secretary of Labor shall take
appropriate action, including the issuance of an emergency
temporary standard if warranted, to respond to these
recommendations.''.
(d) Limiting Conveyor Belt Risks.--
(1) Flame resistant conveyor belts.--Section 311(h) is
amended by adding at the end the following: ``Not later than
January 31, 2008, the Secretary shall publish interim final
regulations to ensure that all conveyor belts in use in
underground coal mines are replaced no later than December
31, 2012, with belts that can meet the flame resistance
requirements recommended by the National Institute for
Occupational Safety and Health, and which limit smoke and
toxic emissions. Any conveyor belt installed in a coal mine
after the date of enactment of the S-MINER Act shall meet
such requirements.''.
(2) Belt air.--Section 303(y) (30 U.S.C. 863) is amended by
adding at the end the following:
``(3) Not later than June 20, 2008, the Secretary shall
revise the regulations prescribed pursuant to this section to
require, in any coal mine, regardless of the date on which it
was opened, that belt haulage entries not be used to
ventilate active working places. The Secretary may agree to a
modification of this requirement, pursuant to the procedures
of section 101(c), if and only if--
``(A) the mine operator establishes to the satisfaction of
the Secretary that significant safety constraints require
such usage; and
``(B) the mine operator agrees to comply with criteria
established by the Secretary which shall, at a minimum,
include the conditions recommended by the Technical Study
Panel established under section 514.
``(4) Plans that have been approved by the Secretary prior
to the date of enactment of the S-MINER Act that permit the
use of belt-air to ventilate active working places in a mine
are permitted to remain in use to complete current mining up
until the date of issuance of the regulation required
pursuant to paragraph (3).''.
(e) Pre-Shift Review of Mine Conditions.--Section 303(d)
(30 U.S.C. 863(d)) is amended by adding at the end the
following new paragraph:
``(3) Not later than 90 days after the date of enactment of
the S-MINER Act, all mine operators shall be required to
implement a communication program at each of such operators'
facilities to ensure that each person entering the operation
is made aware at the start of that person's shift of the
current conditions of the mine in general and of that
person's specific worksite in particular. In an effort to
facilitate these communications, all agents of the operator
who are responsible for ensuring the safe and healthful
working conditions at the mine, including mine foremen,
assistant mine foremen, and mine examiners, shall, upon
exiting the mine or workplace, communicate with those
replacing them on duty to verbally update them on the
conditions they observed during their shift, including any
conditions that are abnormal or hazardous. Prior to entering
the mine or other workplace the on-coming agent of the
operator shall meet with all members of the crew they are
responsible for and inform them of the general conditions at
the operation and in their specific work area. This process
shall be completed prior to the start of each shift at the
operation and recorded in a book designated for that purpose
and available for inspection by all interested parties. In
the event the operation is idle prior to the start of any
shift the agent of the operator shall meet with the
individual or individuals who were responsible for examining
the mine to obtain the necessary information.''.
(f) Atmospheric Monitoring Systems.--Section 317 (30 U.S.C.
877) is amended by adding at the end the following:
``(u) Not later than May 1, 2008, an operator of an
underground mine shall install atmospheric monitoring systems
in all underground areas where miners normally work and
travel that provide real-time information regarding carbon
monoxide levels, and that can, to the maximum extent
possible, withstand explosions and fires.''.
(g) Methane Monitors.--Section 303(h) (30 U.S.C. 863(h)) is
amended by redesignating paragraph (2) as paragraph (3), and
inserting after paragraph (1) the following new paragraph:
``(2) Each miner who is working alone for part of a shift
shall be equipped with a multi-gas detector that measures
current levels of methane, oxygen, and carbon monoxide.''.
(h) Lightning Study by National Academy of Sciences.--Not
later than 1 year after the date of enactment of this Act,
the National Academy of Sciences shall submit to the
Secretary and to Congress recommendations on--
(1) actions that need to be taken to strengthen existing
requirements in law or regulations to ensure that miners are
protected, to the fullest extent permitted, from the risks of
lightning strikes near a mine;
(2) recommendations for adopting any existing technology to
the mining environment to minimize any such risks; and
(3) research needed for improved technology.
(i) Roof and Rib Support, Barrier Reduction and Pillar
Extraction, Special Attention to Deep Mining.--
(1) Amendments to existing law.--Section 302 is amended--
(A) by amending the section heading to read ``roof and rib
support, barrier reduction and pillar extraction, special
attention to deep mining'';
(B) in subsection (a), by inserting after the second
sentence the following: ``The Secretary shall by regulation
ensure the appropriate use of roof screen in belt entries,
travelroads, and designated intake and return escapeways in
accordance with the requirements of subsection (g).''; and
(C) by inserting at the end the following:
``(g) Where screening is required, at least forty percent
of the width of the exposed roof shall be screened. Screening
to meet the requirements of this section must have a load
bearing capacity at least equivalent to a load of 2.5 tones
between bolts on a 4 foot pattern.
``(h)(1) An operator shall be required to have a current
and approved barrier reduction or pillar extraction plan, or
both, before performing such activities. The Secretary shall
only approve a barrier reduction or pillar extraction plan if
it provides adequate protection and minimizes the risks for
miners engaged in the activity, reflecting appropriate
engineering analysis, computer simulations, and consultations
with technical experts in the agency, in the National
Institute for Occupational Safety and Health, and in the
Bureau of Land Management for any mines leasing Federal coal
resources, and only if the plan complies with any specific
requirements that may be adopted by the Secretary for barrier
reduction or pillar extraction activities including
requirements related to the depth of the mine, geology of the
mine, mine height and methods, and emergency response
capabilities.
``(2) A copy of a proposed barrier reduction or pillar
extraction plan, or both, shall be provided to the authorized
representative of miners at least 10 days prior to submission
to the Secretary for approval. The authorized representative
of miners may provide comments to the Secretary who shall
respond thereto.
``(3) The Secretary shall establish a special internal
review process for operator plans to protect miners from the
risks addressed by this section when working at depths of
more than 1500 feet and in other mines with a history of
mountain bumps.
``(i) Not later than 1 week before the commencement of any
barrier reduction or pillar extraction operations, the mine
operator shall notify the appropriate representative of the
Secretary of his intention to begin or resume barrier
reduction or pillar extraction. The Secretary shall document
such notification in writing, and shall, before barrier
reduction or pillar extraction operations begin, take action
to ensure that every person who will be participating in such
operations is trained in the operator's barrier reduction
and/or and pillar extraction plan. The Secretary shall
observe the barrier reduction or pillar extraction operations
for a sufficient period of time to ensure that the mine
operator is fully complying with the barrier reduction or
pillar extraction plan. The Secretary may preclude the
commencement of such operations or halt such operations at
any time the safety of miners comes into question.''.
(2) Study.--Not later than 1 year after the date of
enactment of this Act, the National Academy of Sciences
shall, in consultation with the National Institute for
Occupational Safety and Health, submit to the Secretary and
to Congress recommendations for--
(A) actions that need to be taken to strengthen existing
requirements in law or regulations to ensure that miners are
protected, to the fullest extent permitted, from ground
control hazards, including the special hazards associated
with barrier reduction and pillar extraction;
(B) adopting any existing technology to the mining
environment to improve miner protections during barrier
reduction and pillar extraction, and on research needed for
improved technology to improve miner protections during such
operations;
(C) adopting any existing technology to the mining
environment to improve miner protections during mining at
depths below 1000 feet, and on research needed for improved
technology to improve miner protections during such
operations; and
(D) adopting any existing technology to the mining
environment to improve miner protections during secondary
mining of coal resources, and on research needed for improved
technology
[[Page H56]]
to improve miner protections during such operations.
(j) SCSR Inspection Program.--
(1) In general.--The Secretary shall--
(A) establish a program to randomly remove and have tested
by the National Institute for Occupational Safety and Health
field samples of each model of self-rescue device used in an
underground coal mine in order to ensure that the self-rescue
devices in coal mine inventories are working in accordance
with the approval criteria for such devices;
(B) require a manufacturer of a self-rescue device and the
mine operator who owns a device to contact the Secretary
immediately upon notification of any potential problem with
any such device, and provide a copy of such notice to the
representative of miners at the affected operation; and
(C) notify immediately all operators of underground coal
mines if the Secretary detects or is advised of any problems
with the self-rescue devices.
(2) Determination.--For the purposes of paragraph (1)(A),
the National Institute for Occupational Safety and Health
shall determine the number of field samples of each device to
be removed for testing, and the mines from which the samples
are to be drawn to ensure a random sample is obtained, and
shall provide mine operators with self-rescue devices to
replace any removed for random testing. Should this testing
reveal a potential problem with a device that requires
additional testing, the Secretary shall remove such
additional samples from such mines as may be requested by the
National Institute for Occupational Safety and Health, and it
shall be the obligation of mine operators to provide self-
rescue devices to promptly replace any removed as a result of
such additional testing.
(k) Application to Underground Metal and Nonmetal Mines.--
Title II is amended by adding at the end the following new
section:
``SEC. 207. APPLICATION TO UNDERGROUND METAL AND NONMETAL
MINES.
``(a) Conveyor Belts.--The regulations to be issued
pursuant to section 311(h) concerning conveyor belts shall
also provide that all conveyor belts in use in underground
metal and nonmetal mines are to be replaced, on the same
schedule, with belts that can meet the flame resistance
requirements recommended by the National Institute for
Occupational Safety and Health, and which limit smoke and
toxic emissions. Any conveyor belt installed in an
underground metal or nonmetal mine after the date of
enactment of the S-MINER Act shall meet such requirements.
``(b) Seals.--The regulations to be issued pursuant to
section 303(z)(2) concerning the approval, design,
construction, inspection, maintenance and monitoring of
underground coal mine seals shall make the same rules
applicable to seals in underground metal and nonmetal mines
which have been classified by the Secretary as a category I,
III, or V mine pursuant to section 57.22003 of title 30, Code
of Federal Regulations, because they naturally emit defined
quantities of methane.
``(c) Advisory Committee.--Promptly after the date of
enactment of the S-MINER Act The Secretary shall establish an
advisory committee to provide recommendations as to the need
to revise the regulations applicable to underground metal and
nonmetal mines to ensure that miners in such mines are as
protected in emergency situations as will be underground coal
miners following the full implementation of the MINER Act,
the provisions of the S-MINER Act, and related actions by the
Secretary. The advisory committee shall be established
pursuant to the Advisory Committee Act, and shall provide
recommendations to the Secretary and to Congress not later
than 21 months after the date of enactment of this Act,
including recommendations as to any action by Congress that
could facilitate the goal of providing equivalent protections
to miners in underground metal and nonmetal mines.''.
(l) Approval Center Priorities.--The Secretary shall
expedite the process for approving any--
(1) self-rescue device that permits the replenishment of
oxygen without requiring the device user to remove the
device; and
(2) underground communication device that provides for
communication between underground and surface personnel via a
wireless two-way medium.
(m) Technology and Mine Emergency Health and Safety
Research Priorities.--In implementing its research activities
in the 5-year period beginning on the date of enactment of
this Act, the National Institute for Occupational Safety and
Health shall give due consideration to new technologies, and
existing technologies that could be adapted for use in
underground coal or other mines, that could facilitate the
survival of miners in a mining emergency. Such technologies
include--
(1) self-contained self-rescue devices capable of
delivering enhanced performance;
(2) improved battery capacity and common connection
specifications to enable emergency communication devices for
miners to be run from the same portable power source as a
headlamp, continuous dust monitor, or other device carried by
a miner;
(3) improved technology for assisting mine rescue teams,
including devices to enhance vision during rescue or recovery
operations;
(4) improved technology, and improved protocols for the use
of existing technologies, to enable conditions underground to
be assessed promptly and continuously in emergencies, so as
to facilitate the determination by appropriate officials of
the instructions to provide both to miners trapped
underground and to mine rescue teams and others engaged in
rescue efforts;
(5) improvements to underground mine ventilation controls
separating mine entries to be more resistant to mine fires
and explosions, particularly in those entries used for miner
escapeways;
(6) mine-wide monitoring systems and strategies that can
monitor mine gases, oxygen, air flows, and air quantities at
strategic locations throughout the mine that would be
functional during normal mining operations and following mine
fires, explosions, roof falls, and mine bursts, including
systems utilizing monitoring sensors that transfer data to
the mine surface and the installation of tubing to draw mine
gas samples that are distributed throughout the mine and can
quickly deliver samples to the mine surface; and
(7) protective strategies for the placement of equipment,
cables, and devices that are to be utilized during mine
emergencies such as communication systems, oxygen supplies,
and mine atmosphere monitoring systems, to protect them from
mine fires, roof falls, explosions, and other damage.
SEC. 5. SUPPLEMENTING ENFORCEMENT AUTHORITY.
(a) Authority of Inspectors.--Section 103(a) (30 U.S.C.
813(a)) is amended by adding at the end the following: ``No
person shall limit or otherwise prevent the Secretary from
entry on a coal or other mine, or interfere with the
Secretary's inspection activities, investigative activities,
or rescue or recovery activities.''.
(b) Transition to a New Generation of Inspectors.--Section
505 (30 U.S.C. 954) is amended--
(1) by striking ``The Secretary'' the first place it
appears and inserting ``(a) The Secretary''; and
(2) by adding at the end the following:
``(b) Within 270 days of the enactment of the S-MINER Act,
the Secretary shall establish a Master Inspector program to
ensure that the most experienced and skilled employees in the
Nation have the incentive, in terms of responsibilities and
pay, to serve as mine safety and health inspectors in this
Nation's mines.
``(c) In order to ensure that the Secretary has adequate
time to provide that a sufficient number of qualified and
properly trained inspectors of the Mine Safety and Health
Administration are in place before any inspectors employed as
of the date of enactment of the S-MINER Act retire, any
ceilings on the number of personnel that may be employed by
the Administration with respect to mine inspectors are
abolished for the 5-year period beginning on the date of
enactment of such Act.
``(d) In the event that, notwithstanding the actions taken
by the Secretary to hire and train qualified inspectors, the
Secretary is temporarily unable, at any time during the 5-
year period beginning on the date of enactment of the S-MINER
Act, to employ the number of inspectors required to staff all
district offices devoted to coal mines at the offices'
highest historical levels without transferring personnel from
supervisory or plan review activities or diminishing current
inspection resources devoted to other types of mines, the
Administration is authorized to hire retired inspectors on a
contractual basis to conduct mine inspections, and the
retirement benefits of such retired inspectors shall not be
reduced as a result of such temporary contractual employment.
``(e) During the 5-year period beginning on the date of
enactment of the S-MINER Act, the Secretary shall issue a
special report to the appropriate committees of Congress each
year, or at such more frequent intervals as the Secretary or
any such committee may consider appropriate, providing
information about the actions being taken under this section,
the size and training of the inspector workforce at the Mine
Safety and Health Administration, the level of enforcement
activities, and the number of requests by individual
operators of mines for compliance assistance.''.
(c) Office of Miner Ombudsman.--Title V is amended by
adding at the end the following:
``SEC. 516. OFFICE OF MINER OMBUDSMAN.
``(a) Establishment of Miner Ombudsman.--There shall be
established, within the Office of the Inspector General of
the Department of Labor, the position of Miner Ombudsman. The
President, by and with the advice and consent of the Senate,
shall appoint an individual with expertise in mine safety and
health to serve as the Miner Ombudsman. The Ombudsman shall
have authority to hire such personnel as are required to
administer his duties in accordance with applicable law,
provided they meet any general requirements for employment
within the Office of the Inspector General.
``(b) Duties.--The Miner Ombudsman shall--
``(1) recommend to the Secretary appropriate practices to
ensure the confidentiality of the identity of miners, and the
families or personal representatives of the miners, who
contact mine operators, authorized representatives of the
miners, the Mine Safety and Health Administration, the
Department of Labor, or others with information about mine
accidents, incidents, injuries, illnesses, possible
violations of mandatory health or safety standard violations
or plans or other mine safety and health concerns;
``(2) establish a toll-free telephone number and
appropriate Internet website to permit individuals to
confidentially report mine accidents, incidents, injuries,
illnesses, possible violations of mandatory health or safety
standard violations or plans or other mine safety and health
concerns, and provide plastic wallet cards, refrigerator
magnets, or similar devices to all mine operators, which mine
operators shall distribute to all current and new miners,
with contact information for such confidential reports, and
also provide supplies of these devices to miner communities;
``(3) collect and forward information concerning accidents,
incidents, injuries, illnesses, possible violations of
mandatory health or safety standard violations or plans or
other mine safety and health concerns to the appropriate
officials of the Mine Safety and Health Administration for
investigation, or to appropriate officials within the Office
of Inspector General for
[[Page H57]]
investigation or audit, or both, while establishing practices
to protect the confidentiality of the identify of those who
provide such information to the Ombudsman; and
``(4) monitor the Secretary of Labor's efforts to promptly
act upon complaints filed by miners under section 105(c) of
the Act or pursuant to other programs administered by the
Department to protect whistleblowers, and report to Congress
any recommendations that would enhance such rights or
protections.
``(c) Authority.--All complaints of operator violations of
any section of this Act or regulations prescribed under this
Act that are reported to the Secretary shall be forwarded to
the Ombudsman for logging and appropriate action, except that
this requirement shall be implemented in such a way as to
avoid interference in any way with the ability of the
Assistant Secretary for Mine Safety and Health to take prompt
actions that may be required in such situations. This shall
include complaints submitted in writing, via any phone
system, or orally, along with all relevant information
available regarding the complainant. All such information
shall be retained in a confidential manner pursuant to the
Privacy Act of 1974. The Ombudsman shall use such information
to monitor the actions taken to ensure that miners'
complaints are addressed in a timely manner and in compliance
with the appropriate statutes and regulations. The Ombudsman
shall refer to appropriate personnel within the Office of the
Inspector General for further review any case which he
determines was not handled in such fashion.
``(d) Authorization of Appropriations.--There are hereby
authorized to be appropriated to the Ombudsman such sums as
may be required for the implementation of his duties out of
the sums otherwise made available to the Mine Safety and
Health Administration for its activities.''.
(d) Pattern of Violations.--
(1) Prompt identification of pattern.--Not later than 3
months after the date of enactment of this Act, the Secretary
shall revise the regulations issued by the Secretary under
section 104(e) of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 814(e)) as in effect on the day before such
date of enactment, so that the regulations provide that--
(A) when a potential pattern of violations is identified by
any inspector or district manager of the Mine Safety and
Health Administration, the operator of the coal or other mine
and the authorized representative of miners for the mine
shall be notified by the inspector or district manager not
later than 10 days after such identification; and
(B) after receiving the notification described in
subparagraph (A), the appropriate official of the Mine Safety
and Health Administration shall promptly review any such
potential pattern of violations and, not later than 45 days
after receiving such notification, make a final decision as
to whether a citation for a violation of section 104(e) of
such Act should be issued in light of the gravity of the
violations and the operator's conduct in connection
therewith.
(2) Identification of pattern.--Section 104(e)(1) (30
U.S.C. 814(e)(1)) is amended by inserting after the first
sentence the following: ``In determining whether a pattern of
violations exists, the Secretary shall give due consideration
to all relevant information, such as the gravity of the
violations, operator negligence, history of violations, the
number of inspection shifts the Secretary or her agents have
spent at the operation, and the frequency of violations per
number of inspection days spent at the operation.''.
(3) Termination of pattern.--Section 104(e)(3) (30 U.S.C.
814(e)(3)) is amended by adding at the end the following:
``In addition, if an operator subject to paragraphs (1) and
(2) demonstrates objective evidence that they are correcting
the problems that gave rise to the pattern of violations, and
the violation frequency rate for such operator declines
significantly for a period of 180 days, the withdrawal order
provisions of paragraphs (1) and (2) shall no longer
apply.''.
(4) Fine for a pattern of violations.--Section 110 (30
U.S.C. 820) is amended--
(A) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(B) by inserting after subsection (h) the following:
``(i)(1) If the Secretary determines that a pattern of
violations under section 104(e) exists, the Secretary shall
assess a penalty, in addition to any other penalty authorized
in this Act for a violation of such section, of not less than
$50,000 nor more than $250,000. All operators of the mine,
including any corporate owners, shall be jointly and
severally liable for such penalty. The amount of the
assessment under this paragraph shall be designed to ensure a
change in the future conduct of the operators and corporate
owners of such mine with respect to mine safety and health,
given the overall resources of such operators.
Notwithstanding subsection (k) or section 113, a penalty
assessed by the Secretary under this paragraph may not be
reduced by the Commission.
``(2) In addition to the authority to withdraw miners from
an area of a coal or other mine pursuant to section 104(e),
the Secretary shall withdraw all miners from the entire mine
when any pattern of violations has been determined to exist
until such time as the Secretary certifies that all
identified violations have been corrected and the operator
has agreed to abide by a written plan approved by the Mine
Safety and Health Administration to ensure that such a
pattern of conduct will not recur.''.
(e) Notification of Abatement.--Section 104(b) (30 U.S.C.
814(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``If,'' and inserting:
``(2) If,''; and
(3) by inserting after the subsection designation the
following:
``(1) An operator issued a citation pursuant to subsection
(a) shall notify the Secretary that the operator has abated
the violation involved. If such operator fails to provide
such a notice to the Secretary within the abatement time as
provided for in the citation, the Secretary shall issue an
order that requires the operator (or the agent of the
operator) to immediately cause all persons, except those
persons referred to in subsection (c), to be withdrawn from,
and to be prohibited from entering, such area as the
Secretary determines until an authorized representative of
the Secretary determines that such violation has been abated.
Notwithstanding any operator notice, no violation shall be
determined to be abated until an authorized representative of
the Secretary visits the site and determines such violation
has been fully abated.''.
(f) Failure To Timely Pay Penalty Assessments.--Section
105(a) (30 U.S.C. 815(a)) is amended by striking the third
sentence and inserting the following: ``The operator shall,
not later than 30 days from the receipt of the notification
of a citation issued by the Secretary, notify the Secretary
that the operator intends to contest the citation or proposed
assessment of a penalty, and the operator shall place in
escrow with the Secretary the amount of the proposed
assessment. The Secretary shall place any escrow submitted by
a mine operator for this purpose into an interest bearing
account and shall release the funds to the operator,
including interest accrued, upon the payment of any final
assessment determination. If notification and proof of escrow
is not provided to the Secretary, the citation and the
proposed assessment of penalty shall be deemed a final order
of the Commission and not subject to review by any court or
agency. In the event that a mine operator refuses to comply
with a final order of the Commission to pay civil monetary
penalties and statutory interest, the Secretary shall have
the authority to issue an order requiring the mine operator
to cease production under such final orders of the Commission
have been paid in full.''
(g) Maximum and Minimum Penalties.--Section 110(a)(1) (30
U.S.C. 820(a)(1)) is amended by striking ``more than $50,000
for each such violation.'' and inserting ``less than $500 or
more than $100,000 for each such violation, except that, in
the case of a violation of a mandatory health or safety
standard that could significantly and substantially
contribute to the cause and effect of a coal or other mine
health or safety hazard, the penalty shall not be less than
$1,000 or more than $150,000, for each such violation.''.
(h) Factors in Assessing Penalties.--The Federal Mine
Safety and Health Act of 1977 is amended--
(1) in section 105(b)(1)(B)--
(A) by striking: ``the size of the business of the operator
charged'' and inserting ``the combined size of the business
of the operator and any controlling entity'';
(B) by striking ``the effect on the operator's ability to
continue in business,''; and
(C) by adding at the end the following: ``In settling
cases, the Secretary shall utilize the same point system as
that utilized to propose penalties, so as to ensure
consistency in operator penalty assessments.''; and
(2) in section 110(j) (as redesignated by subsection
(a)(4))--
(A) by striking: ``the size of the business of the operator
charged'' and inserting ``the combined size of the business
of the operator and any controlling entity'';
(B) by striking ``the effect on the operator's ability to
continue in business,''; and
(C) by adding at the end the following: ``In any review
requested by a mine operator, or in settling cases, the
Commission shall utilize the same point system as that
developed by the Secretary for proposed assessments so as to
ensure consistency in operator penalty assessments.''.
(i) Civil Penalty for Interference or Discrimination.--
Section 110 (30 U.S.C. 820) is further amended by adding at
the end the following:
``(n) Civil Penalty for Interference or Discrimination.--
Any operator who is found to be in violation of section
105(c), or in violation of section 103(a) (as amended by this
Act) shall be subject to a civil penalty of not less than
$10,000 nor more than $100,000 for each occurrence of such
violation.''.
(j) Withdrawal Order.--Section 107(a) (30 U.S.C. 817(a)) is
amended by inserting after the first sentence the following:
``In addition, in the event of any violation of section 315
or section 316, or regulations issued pursuant to such
sections, such representative shall determine the extent of
the area of such mine throughout which the danger exists and
issue an order requiring the operator of such mine to cause
all persons, except those referred to in section 104(c), to
be withdrawn from, and to be prohibited from entering, such
area until an authorized representative of the Secretary
determines that the violations have been abated.''.
(k) Clarifications of Intent in the 1977 Act.--The Federal
Mine Safety and Health Act of 1977 is amended--
(1) in section 3(d) (30 U.S.C. 802)--
(A) by inserting ``mineral'' before ``owner'';
(B) by inserting ``mineral'' before ``lessee'';
(C) by striking ``or any independent'' and inserting ``and
any independent''; and
(D) by inserting before the semicolon the following: ``,
and no operator may, by contract or other agreement, limit
any liability under this Act through transfer of any
responsibilities to another person'';
(2) in section 103 (30 U.S.C. 813)--
(A) in subsection (b)--
(i) by striking the first sentence and inserting the
following: ``For the purpose of enabling the Secretary to
perform the functions under this Act, the Secretary may,
after notice, hold public
[[Page H58]]
hearings and sign and issue subpoenas for the attendance and
testimony of witnesses and the production of information,
including but not limited to relevant data, papers, books,
documents and items of physical evidence, and administer
oaths, whether or not in connection with a public hearing.'';
and
(ii) in the last sentence by striking ``documents'' and
inserting ``information, including data, papers, books,
documents, and items of physical evidence''; and
(B) in subsection (h), in the first sentence, by striking
``information'' and inserting ``data, papers, books,
documents, and items of physical evidence'';
(3) in section 104 (30 U.S.C. 814)--
(A) in subsections (d)(1), (e)(1), (e)(2), (e)(3), and
(e)(4), as amended by this Act, by inserting ``or any
provision of this Act'' after ``standard'' or ``standards''
each place either such term appears; and
(B) in subsection (d)(1), as amended by this Act, by
striking ``while the conditions created by such violation do
not cause imminent danger,'';
(4) in section 105 (30 U.S.C. 815)--
(A) in subsection (a), in the first sentence, by striking
``, within a reasonable time after the termination of such
inspection or investigation,'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) by inserting ``or an injury or illness in a coal or
other mine or that may be associated with mine employment,''
after ``of an alleged danger or safety or health violation in
a coal or other mine,''; and
(II) by inserting at the end the following: ``No miner
shall be required to work under conditions he has reasonable
grounds to believe to be abnormally and immediately dangerous
to himself beyond the normal hazards inherent in the
operation which could reasonably be expected to cause death
of serious physical harm before such condition or practice
can be abated.''; and
(ii) in paragraph (2), by inserting after the fifth
sentence the following: ``No investigation or hearing
authorized by this paragraph may be stayed to await
resolution of a related grievance proceeding''; and
(C) by adding at the end the following:
``(e) Attorneys representing the Secretary are authorized
to contact any miner or non-managerial employee of a mine
operator for the purposes of carrying out the Secretary's
functions under this Act and no attorney representing the
Secretary shall be disbarred or disciplined by any State bar
or State court for making such contacts. No attorney
representing a mine operator in a matter under this Act may
concurrently represent individual miners in the same
matter.''; and
(5) in section 110 (30 U.S.C. 820)--
(A) in subsection (b)(2), by striking ``under'' and
inserting ``of subsections (a) through (h) of''; and
(B) in subsection (c)--
(i) by striking ``Whenever a corporate operator'' and
inserting ``Whenever a mine operator'';
(ii) by striking ``safety standard'' and inserting ``safety
standard or requirement of this Act'';
(iii) by inserting ``partner, owner,'' after ``director,'';
and
(iv) by striking ``such corporation'' and inserting ``such
mine operator''.
(l) Federal Licensing.--The Secretary shall promptly
establish an advisory committee to provide recommendations as
to whether the Federal Mine Safety and Health Act of 1977
should provide for Federal licensing of mines, mine
operators, mine controllers, or various mine personnel in
order to ensure that those engaged in mining activities are
not frequent violators of safety and health requirements, and
establish a national registry in connection therewith. The
advisory committee shall be established pursuant to the
Advisory Committee Act, and shall conduct a review of
existing State licensing requirements and registries, assess
their effectiveness, and shall provide its recommendations to
Congress not later than 2 years after the date of enactment
of this Act.
SEC. 6. SUPPLEMENTING RESCUE, RECOVERY, AND INCIDENT
INVESTIGATION AUTHORITY.
(a) Emergency Call Center.--Not later than 30 days after
the date of enactment of this Act, the Secretary shall
establish, within the Mine Safety and Health Administration,
a central communications emergency call center for all coal
or other mine operations that shall be staffed and operated
24 hours per day, 7 days per week, by 1 or more employees of
the Mine Safety and Health Administration. All calls placed
to the emergency call center shall be answered by an
individual with adequate experience and training to handle
emergency mine situations. A single national phone number
shall be provided for this purpose and the Secretary shall
ensure that all miners and mine operators are issued
laminated cards with emergency call center information.
(b) Contact Information.--The Secretary shall provide the
emergency call center with a contact list, updated not less
often than quarterly, that contains--
(1) the contact phone numbers, including the home phone
numbers, for the members of each mine rescue team responsible
for each coal or other mine;
(2) the phone numbers for the local emergency and rescue
services unit that is located nearest to each mine;
(3) the contact phone numbers, including the home phone
number, for the operator of each mine;
(4) the contact phone numbers, including the home phone
numbers, for the national and district officials of the Mine
Safety and Health Administration;
(5) the contact phone numbers, including the home phone
numbers, for the State officials in each State who should be
contacted in the event of a mine emergency in such State; and
(6) the contact phone numbers, including the home phone
number, for the authorized representative of the miners at
each mine.
Each mine operator shall ensure that the Secretary is
provided with completely current information required to be
maintained by the Secretary pursuant to paragraphs (1), (3),
and (6). The Secretary shall give due consideration to the
information collected by the joint government-industry Mine
Emergency Operations database.
(c) Mine Locations; Repository of Mining Maps.--
(1) Mine locations.--The Secretary shall establish,
maintain, and keep current, on the Department of Labor's
website, a detailed map or set of maps showing the exact
geographic location of each operating or abandoned mine in
the United States, as determined by a global positioning
system. Such map or maps shall--
(A) be presented, through links within the website, in such
a way as to make the location of a mine instantly available
to the emergency personnel responding to the mine;
(B) be available to members of the public;
(C) allow a user to find the geographic location of a
particular mine, or the geographic locations of all mines of
a particular type in a county, congressional district, State,
or other commonly used geographic region; and
(D) provide the geographic location of any mining waste
impoundments with links to associated emergency contact
information and available emergency response plans.
(2) Repository of mining maps.--The Secretary shall
establish a national repository for preserving a digital
archive of mining maps to be accessible directly and without
delay from the Department's web site. The mining maps shall
include copies of all historic maps that can be obtained, as
well as copies of currently approved mining maps, which the
Secretary shall arrange to copy and preserve in digital form.
The Secretary may coordinate the operation of such repository
with the Secretary of the Interior provided the other
requirements of this paragraph are observed. In addition, the
Secretary shall include in this repository copies of the most
currently available mine emergency response plan, roof plans,
ventilation plans, and such other plans required for any type
of mine, following any required approval, so that they may be
immediately accessed in an emergency, in a manner consistent
with the requirements of section 312(b) of the Act.
(d) Required Notification of Emergencies and Serious
Incidents.--Section 103(j) (30 U.S.C. 813(j)) is amended--
(1) in the first sentence, by inserting ``or reportable
event'' after ``accident'';
(2) in the second sentence--
(A) by inserting ``of accidents'' after ``the
notification''; and
(B) by inserting ``, or in the case of a reportable event
that is not required to be reported as an accident, within 1
hour of the time at which the operator realizes that the
event has occurred'' before the period; and
(3) by inserting at the end the following: ``For the
purposes of this subsection, a reportable event shall
include--
``(1) a fire not required to be reported more promptly;
``(2) a sudden change in mine atmospheric conditions in a
sealed area;
``(3) a coal or rock outburst that causes the withdrawal of
miners; or
``(4) any other event, as determined in regulations
promulgated by the Secretary, that needs to be reported
within 1 hour in order for the Secretary to determine if the
working conditions in the mine are safe.''.
(e) Enhancing the Capabilities of Mine Rescue Teams.--
(1) Amendment to fmsha.--Section 115(e)(2)(B) (30 U.S.C.
825(e)(2)(B)) is amended by adding at the end the following:
``(v) The provision of uniform credentials to mine rescue
team members, support personnel, or vehicles for immediate
access to any mine site.
``(vi) The plans required at each mine to ensure
coordination with local emergency response personnel and to
ensure that such personnel receive adequate training to offer
necessary assistance to mine rescue teams in the event such
assistance is requested. Such local emergency response
personnel shall not perform the duties of any mine rescue
team.
``(vii) Requirements to ensure that operators are prepared
to facilitate the work of mine rescue teams during an
emergency by--
``(I) storing necessary equipment not brought on site by
mine rescue teams in locations readily accessible to mine
rescue teams;
``(II) providing mine rescue teams with a parking and
staging area adequate for their needs;
``(III) identifying a space appropriate for coordinating
emergency communications with the mine rescue team; and
``(IV) identifying and maintaining separate spaces for
family members, community members, and press to assemble
during an emergency so as to facilitate communications with
these groups while ensuring the efforts of the mine rescue
teams are not hindered.''.
(2) Research.--Section 22(h)(5)(A) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 671(h)(5)(A)) is
amended by adding before the period at the end thereof:
``including advanced drilling technologies, and any special
technologies required for safety or rescue in mining more
than 1,500 feet in depth''.
(f) Title I of the Act is amended by adding at the end
thereof a new section:
``SEC. 117. EMERGENCY PREPAREDNESS PLAN.
``Not later than 6 months of the enactment of the S-MINER
Act, the Secretary shall establish
[[Page H59]]
and disseminate guidelines for rescue operations that will:
(1) establish clear lines of authority within the agency for
such operations; (2) establish clear lines of demarcation so
private sector and State responders can properly implement
their responsibilities; (3) be appropriate for rescue in
various types of conditions reasonably likely to be
encountered in the United States, including such factors as
the depth of the mining, ground stability, ground slope,
remoteness from major roads, surface ownership and access
problems, and the availability of necessary communications
linkages. The Secretary shall consult with States, rescue
teams and other responders in developing such guidelines, and
shall update them from time to time based upon experience.''.
(g) Authority of Secretary During Rescue Operations.--
Section 103 (30 U.S.C. 813) is further amended--
(1) in subsection (j), by adding at the end thereof:
``If the representative of the Secretary supervises and
directs the rescue and recovery activities in such mine, the
operator shall comply with the requests of the authorized
representative of the Secretary to facilitate rescue and
recovery activities including the provision of all equipment,
personnel, and other resources required to perform such
activities in accordance with the schedule and requirements
established by the representative of the Secretary for this
purpose, and failure of the operator to comply in this regard
shall be considered an egregious violation of this Act.'';
and
(2) in subsection (k), by striking ``, when present,''.
(h) Rescue Communications.--
(1) Repeal.--The MINER Act (30 U.S.C. 801 note) is amended
by striking section 7, redesignating sections 8 and 9 as
sections 7 and 8, and sections 11 through 14 as sections 9
through 12, respectively.
(2) Amendment to fmsha.--Title I of the Act is further
amended by adding at the end the following:
``SEC. 118. FAMILY LIAISONS REQUIREMENT.
``The Secretary shall--
``(1) designate a full-time permanent employee of the Mine
Safety and Health Administration to serve as a Family
Liaison, who shall, at least in instances where multiple
miners are trapped, severely injured or killed, act as the
primary communication with the families of the miners
concerning all aspects of the rescue operations, including
the location or condition of miners, and assist the families
in getting answers to their questions, and otherwise serve as
a liaison to the families, and provide for the temporary
reassignment of other personnel who may be required to assist
the Family Liaison in connection with a particular incident;
``(2) require the Mine Safety and Health Administration to
be as responsive as possible to requests from the families of
such miners for information relating to the mine accident,
and waive any fees required for the production of documents
pursuant to 5 U.S.C. 552(a)(3) in connection with a request
from a family member, or authorized representative of miners,
for documents relating to a mine fatality, notwithstanding
any conditions for fee waivers law that may otherwise be
imposed by law; and
``(3) designate a highly qualified representative of the
Secretary with experience in public communications to be
present at mine accident sites where rescues are in progress
during the entire duration of such rescues, to serve as the
primary communicator with the press and the public concerning
all aspects of the rescue operations, including the location
or condition of miners.''.
(3) Conforming amendments.--The Act is amended--
(A) in section 103(f), by inserting before the period at
the end of the first sentence the following: ``, and to
participate in any accident investigation pursuant to the
requirements of this Act. Any family member of a miner
trapped or otherwise unable to execute a designation of a
miner representative on his or her own behalf may do so on
behalf of the miner for any and all purposes''; and
(B) in section 316(b)(2)(E)(vi) (as added by this Act), by
adding at the end the following ``The plan shall also set
forth the operator's plans for assisting the Secretary in the
implementation of section 118.''.
(i) Recovery.--Section 103 is amended by adding at the end
thereof--
``(l) Rescue efforts for trapped miners shall not cease as
long as there is any possibility that miners are alive,
unless such efforts pose a serious danger to rescue or other
workers, and the decision to cease a rescue shall be made by
the Secretary`s representative. Thereafter, efforts to
recover the remains of miners shall continue unless such
efforts pose a serious danger to recovery workers, and the
decision to cease such recovery efforts shall be made by the
Secretary's representative.''.
(j) Accident and Incident Investigations.--Section 103(b)
(30 U.S.C. 813(b), as amended by section 5(k)(2) of this Act,
is further amended--
(1) by striking ``For the purpose'' and inserting the
following:
``(3) For the purpose'';
(2) by inserting after the subsection designation the
following:
``(1) For all accident and incident investigations under
this Act, the Secretary shall determine why the accident or
incident occurred; determine whether civil or criminal
requirements were violated and, if so, issue citations and
penalties, and make recommendations to avoid any recurrence.
The Secretary shall also determine whether the conduct or
lack thereof by Agency personnel contributed to the accident
or incident.
``(2)(A) For any accidents or incidents involving multiple
serious injuries or deaths, or multiple entrapments, there
shall also be an independent investigation to consider why
the accident or incident occurred, make recommendations to
avoid a recurrence, and determine whether the conduct or lack
thereof by agency personnel contributed to the accident or
incident.
``(B) Not later than 30 days after the date of enactment of
the S-MINER Act, the Secretary shall initiate rulemaking
activity to establish rules on the procedures that will be
used to investigate accidents and incidents involving
multiple serious injuries or deaths, or multiple entrapments,
and shall directly contact and solicit the participation of
``(i) individuals identified by the Secretary as family
members of miners who perished in mining accidents of any
type during the preceding 10-year period;
``(ii) organizations representing miners;
``(iii) mine rescue teams;
``(iv) Federal, State, and local investigation and
prosecutorial authorities; and
``(v) others whom the Secretary determines may have
information relevant to this rulemaking.
Such rulemaking shall be completed by October 1, 2008.
``(C) The rules for the investigation of accidents or
incidents involving multiple serious injuries or deaths, or
multiple entrapments, shall provide for the appointment and
operations of any such independent investigation team in
accordance with the requirements of this paragraph. An
independent investigation team shall be appointed by the
Director of the National Institute for Occupational Safety
and Health as soon as possible after a qualifying accident or
incident. The members shall consist of:
``(i) a representative from the National Institute for
Occupational Safety and Health who shall serve as the
Chairman;
``(ii) a representative of mine operators with familiarity
with the type of mining involved;
``(iii) a representative of mine workers with familiarity
with the type of mining involved, who shall be the workers'
certified bargaining representative at the mine or, if there
is no certified representative at the mine, then a workers'
representative jointly selected by organized labor
organizations:
``(iv) an academic with expertise in mining; and
``(v) a representative of the State in which the accident
or incident occurred to be selected by the Governor.
``(D) Such rules shall include procedures to ensure that
the Secretary will be able to cooperate fully with the
independent investigation team and will use the powers of the
Secretary under this section to help obtain information and
witnesses required by the independent investigation team,
procedures to ensure witnesses are not coerced and to avoid
conflicts of interest in witness representation, procedures
to ensure confidentiality if requested by any witness, and
procedures to enable the independent investigation team to
conduct such public hearings as it deems appropriate. Such
rules shall also require that upon completion of any accident
or incident investigation of accidents or incidents involving
multiple serious injuries or deaths, or multiple entrapments,
the independent investigation team shall--
``(i) issue findings as to the actions or inactions which
resulted in the accident or incident;
``(ii) make recommendations as to policy, regulatory,
enforcement or other changes, including statutory changes,
which in the judgment of the independent investigation team
would best prevent a recurrence of such actions or inactions
at other mines; and
``(iii) promptly make all such findings and recommendations
public (except findings and recommendations that must be
temporarily withheld in connection with a criminal referral),
including appropriate public hearings to inform the mining
community of their respective findings and recommendations.
``(E) As part of the Secretary's annual report to Congress
pursuant to section 511(a), the Secretary shall report on
implementation of recommendations issued by any independent
investigation teams in the preceding 5 years.''; and
(3) by adding at the end the following:
``(4) Nothing in this Act shall be construed to limit the
authority of the Chemical Safety and Hazard Investigation
Board to conduct an independent investigation of the accident
or incident or the events or factors resulting therein, nor
with the authority of the Office of the Inspector General to
conduct an investigation of the conduct of DOL personnel in
connection with an accident or incident or the events or
factors resulting therein, and the Secretary shall cooperate
in full with any such investigation. Such investigation shall
be in addition to any investigation authorized by section
103(b).''.
SEC. 7. RESPIRABLE DUST STANDARDS.
(a) Respirable Dust; Respirable Silica Dust.--Section 202
(30 U.S.C. 842) is amended to read as follows:
``SEC. 202. DUST STANDARD AND RESPIRATORY EQUIPMENT.
``(a)(1) Effective on the date of enactment of the S-MINER
Act, each coal mine operator shall continuously maintain the
concentration of respirable dust in the mine atmosphere
during each shift to which each miner in the active workings
of such mine is exposed at or below a time-weighted average
of 1.00 milligrams of respirable dust per cubic meter of air
averaged over 10 hours or its dose-equivalent for shorter or
longer period of time. For purposes of this paragraph, `a
dose-equivalent' means the amount of dust that a miner would
inhale during his work shift as if he were working for 10
hours, and the term `shift' means portal-to-portal for
underground coal mines and `bank to bank' for other coal
mines.
``(2) At regular intervals to be prescribed by the
Secretary and the Secretary of Health and
[[Page H60]]
Human Services, the Secretary will take accurate samples of
the amount of respirable dust in the coal mine atmosphere to
which each miner in the active workings of such mine is
exposed in order to determine compliance with the
requirements of paragraph (a)(1) of this section. In
addition, the Secretary shall cause to be made such frequent
spot inspections as he deems appropriate of the active
workings of coal mines for the purpose of obtaining
compliance with the provisions of this title. All samples by
the Secretary shall be taken by a personal dust monitor that
measures, records and displays in real time the concentration
of respirable dust to which the miner wearing the device is
exposed, and shall include the sampling of areas, occupations
or persons. For the purposes of determining compliance with
the exposure limit for respirable dust, only a single sample
shall be required to determine non-compliance, and there
shall be no adjustment for measurement error in the measured
level of respirable dust.
``(3) At intervals established by the Secretary, each
operator of a coal mine shall take accurate samples of the
amount of respirable dust in the mine atmosphere to which
each miner in the active workings of such mine is exposed to
identify sources of exposure so that the operator can take
corrective action and assure that the exposure of each mine
is below the exposure limit. Under the provisions of this
Act, all such samples shall be taken by a personal dust
monitor that measures, records and displays the concentration
of respirable dust to which the miner wearing the device is
exposed, and may include samples of less than a full shift.
The results of such sampling shall be transmitted to the
Secretary in a manner established by him, and recorded by him
in a manner that will assure application of the provisions of
this section of the Act.
``(4) Each miner shall be equipped with a personal dust
monitor that measures, records and displays in real time the
concentration of respirable dust to which the miner wearing
the device is exposed. Each miner shall be permitted to
adjust his work activities whenever necessary to keep his
exposure to respirable coal dust, as measured, recorded and
displayed by such device, at all times at or below the
permitted concentration.
``(b) Effective on the date of enactment of the S-MINER
Act, each operator of a coal or other mine shall continuously
maintain the concentration of respirable silica dust in the
mine atmosphere during each shift to which each miner in the
active workings of such mine is exposed at or below a time-
weighted average of 0.05 milligrams of respirable silica dust
per cubic meter of air averaged over ten hours or its dose-
equivalent for shorter or longer period of time. For the
purposes of this paragraph, compliance shall be determined by
the sampling of areas, occupations or persons, only a single
sample shall be required to determine non-compliance, and
there shall be no adjustment for measurement error in the
measured level of respirable silica dust. For the purposes of
this paragraph, a `dose-equivalent' means the amount of dust
that a miner would inhale during his work shift as if he were
working for 10 hours, and the term `shift' means portal-to-
portal for underground mines and `bank to bank' for other
mines.
``(c) Respiratory equipment approved by the Secretary and
the Secretary of Health and Human Services shall be made
available to all persons whenever exposed to concentrations
of respirable dust or silica in excess of the levels required
to be maintained under this section. Use of respirators shall
not be substituted for environmental control measures in the
active workings. Each operator shall maintain a supply of
respiratory equipment adequate to deal with occurrences of
concentrations of respirable dust and silica in the mine
atmosphere in excess of the levels required to be maintained
under this section.
``(d) Each operator shall report and certify to the
Secretary at such intervals as the Secretary may require as
to the conditions in the active workings of a coal mine,
including, the average number of working hours worked during
each shift, the quantity and velocity of air regularly
reaching the working faces, the method of mining, the amount
and pressure of the water, if any, reaching the working
faces, and the number, location, and type of sprays, if any,
used.''.
(b) Conforming Amendment.--Section 205 (30 U.S.C. 845) is
repealed.
(c) Assessment on Program Operations of Cumulative Impact
of External Requirements Added Since 1977.--The Secretary
shall request the National Academy of Sciences to conduct a
study of the impact on the mine safety and health
responsibilities of the Department of Labor of various
statutes, executive orders, and memoranda applicable to the
issuance of rulemaking and guidance and to enforcement. The
study shall include an assessment of the Equal Access to
Justice Act, the Regulatory Flexibility Act, the Small
Business Regulatory Enforcement Fairness Act, the Data
Quality Act, the Paperwork Reduction Act, the Unfunded
Mandates Reform Act, the Federal Advisory Committee Act, the
Congressional Review Act, Executive Order 12866, Executive
Order 13422, and memoranda from the Office of Management and
Budget on guidance, risk assessment and cost analysis. The
Secretary shall request that the National Academy of Sciences
consult widely with experts in administrative law and other
disciplines knowledgeable about such requirements, and to
quantify to the extent possible the costs to miners of the
aforementioned requirements. The Secretary shall further
request that recommendations be included in the report, and
that such report and recommendations be completed, and
forwarded to the Congress, no later than 21 months after the
date of enactment of this Act.
SEC. 8. OTHER HEALTH REQUIREMENTS.
(a) Air Contaminants.--Section 101 of (30 U.S.C. 811) is
amended by adding at the end the following:
``(f) Notwithstanding the other requirements of this
section, not later than 30 days of the enactment of the S-
MINER Act, the National Institute for Occupational Safety and
Health shall forward to the Secretary its Recommended
Exposure Limits (RELs) for chemical and other hazards to
which miners may be exposed, along with the research data and
other necessary information. Within 30 days of receipt of
this information, the Secretary shall to adopt such
recommended exposure limits as the Permissible Exposure
Limits (PELs) for application in the mining industry. The
National Institute of Occupational Safety and Health shall
annually submit to the Secretary any additional or revised
recommended exposure limits for all chemicals and other
hazards to which miners may be exposed, and the Secretary
shall be obligated to adopt such exposure limits as PELs for
application in the mining industry within 30 days of receipt
of such information. Upon petition from miners or mine
operators providing credible evidence that feasibility may be
an issue for the industry as a whole, the Secretary may
review the feasibility of any PEL established pursuant to
this paragraph before placing it into effect and, following
public notice and comment, make necessary adjustments
thereto, provided that the adjusted standard is as protective
as is feasible, and that the PEL shall go into effect as
required by the other provisions of this paragraph if such
action is not completed within one year. Moreover, upon
petition from miners or mine operators providing credible
evidence that a REL issued by the National Institute of
Occupational Safety and Health lacks the specificity required
to serve as a PEL pursuant to this Act, the Secretary may
defer implementation of the requirements of this paragraph
and shall promptly request National Institute of Occupational
Safety and Health to recommend a sufficiently detailed REL,
at which time the provisions of this paragraph shall be
implemented. Nothing in this subsection shall limit the
ability of the National Institute of Occupational Safety and
Health to make such recommendations more frequently than 1
time per year, nor limit the Secretary from establishing
requirements for chemical and other substances or health
hazards in the mining industry that are more comprehensive
and protective than those established pursuant to this
subsection and in accordance with the other requirements of
this section.''.
(b) Asbestos.--Section 101 (30 U.S.C. 811) is further
amended by adding at the end the following:
``(g) The health standard for asbestos established by the
Occupational Safety and Health Administration that is set
forth in section 1910.1001 of title 29, Code of Federal
Regulations, or any subsequent revision of that regulation,
shall be adopted by the Secretary for application in the
mining industry not later than 30 days of the enactment of
the S-MINER Act. Nothing in this paragraph shall preclude the
Secretary from adopting regulations to address asbestos
hazards to miners not covered by the regulations of the
Occupational Safety and Health Administration.''.
(c) Hazard Communication.--Section 101 (30 U.S.C. 811) is
further amended by adding at the end the following:
``(h) Unless and until there is additional rulemaking
pursuant to the requirements of this section, the Secretary
shall apply the provisions of the interim final rule of
October 3, 2000, concerning hazard communication, in lieu of
the final rule of June 21, 2002, concerning hazard
communication.''.
The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 110-508. Each amendment may be
offered only in the order printed in the report; by a Member designated
in the report; shall be considered read; shall be debatable for the
time specified in the report, equally divided and controlled by the
proponent and an opponent of the amendment; shall not be subject to
amendment; and shall not be subject to a demand for division of the
question.
Amendment No. 1 Offered by Mr. George Miller of California
The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in House Report 110-508.
Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. George Miller of California:
Page 5, beginning on line 6, strike ``amended by adding at
the end the following:'' and insert ``amended--
(1) in clause (iii)(I), by inserting before the semicolon
the following: ``and such requirement may not be satisfied by
placement of an order with any company for future delivery of
a portable refuge chamber or other means of providing such
emergency supplies of breathable air''; and
(2) by adding at the end the following:
Page 5, line 8, strike ``(vi)'' and insert ``(vii)''.
Page 5, line 19, strike ``, or'' and insert a semicolon.
Page 5, line 23, strike ``, or'' and insert ``; or''.
Page 6, beginning on line 4, strike ``In addition'' and all
that follows through ``emergency shelter'' and insert ``The
regulations
[[Page H61]]
shall further provide that in all cases a portable refuge
chamber shall be installed and maintained''.
Strike section 4(d)(1) and insert the following:
(1) Flame resistant conveyor belts.--Section 311(h) is
amended by adding at the end the following: ``Not later than
90 days after the date of enactment of the S-MINER Act, the
Secretary shall publish interim final rules to revise the
requirements for flame resistant conveyor belts to ensure
that they meet the most recent recommendations from the
National Institute for Occupational Safety and Health, and to
ensure such belts are designed to limit smoke and toxic
emissions. A conveyor belt need not meet the requirements of
the preceding sentence if--
``(A) it was ordered, in a mine's inventory, or installed
prior to the date of enactment of the S-MINER Act, or it was
ordered after the date of enactment of the S-MINER Act and
the Secretary certifies that the mine operator was unable to
obtain a belt meeting the requirements of the preceding
sentence; or
``(B) in the case of any such belt that has been in use for
more than 5 years in any capacity in any mine, such belt has
received an annual inspection by a certified professional to
ensure that the belt is free from visible defects that could
cause failure or possible ignition.''.
Page 19, strike lines 6 through 15 and insert the
following:
``(a) Conveyor Belts.--The requirements of section 311(h)
concerning conveyor belts in underground coal mines,
including the exceptions and limitations in connection
therewith, shall also apply to conveyor belts in underground
metal and nonmetal mines.''.
Page 55, line 24, insert after the period the following:
``There is authorized to be appropriated to Secretary
$30,000,000 to purchase personal dust monitors for the
purposes of the preceding sentence.''.
At the end of the bill, insert the following:
(d) Study on Miner Substance Abuse Issues That Pose Safety
Risks.--
(1) Study.--The Secretary of Labor shall conduct a study
providing expert review and recommendations of policies
designed to deal with substance abuse by miners, including
the causes, nature, and extent of such abuse, its impact on
mine safety and health, best practices for treatment,
rehabilitation, and substance abuse testing policies, and the
adequacy of State laws and approaches. In conducting such
study, the Secretary shall solicit the views of and consult
with all interested parties, including miners, miners'
representatives, mine operators, appropriate State agencies,
and public health and substance abuse experts.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall report the
findings and recommendations of the study to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate
(3) Additional authority.--If, as a result of the study,
the Secretary determines it to be feasible and effective, the
Secretary shall be authorized to establish a program, in
consultation with the parties described in paragraph (1),
within the Mine Safety and Health Administration to provide
for substance abuse testing of miners as well as
rehabilitation and treatment of miners suffering from
substance abuse.
The CHAIRMAN. Pursuant to House Resolution 918, the gentleman from
California (Mr. George Miller) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. GEORGE MILLER of California. This amendment, Mr. Chairman and
members of the committee, does four things. First, it will authorize
$30 million for the Department of Labor to buy a new generation of
personal dust monitors required by the builder and provide them to
miners. These dust monitors greatly enhance the accuracy in measuring
the concentration of coal dust in underground coal mines. Both miner
and industry representatives have expressed support for this
initiative. It will go a long way in helping us reverse the rise in
black lung and save untold amounts of costs in dealing with such
debilitating disease.
Second, the amendment will increase the time permitted for the mining
industry to install a new generation of fire-resistant conveyor belts,
significantly cutting industry compliance costs with the underlying
bill. This amendment takes into account the industry concerns about
significant amounts of old-style conveyor belts already purchased and
in reserve. Under this provision, miners can use up the reserved belts
before purchasing new fire-resistant belts so long as after 5 years of
use they pass a proper annual inspection.
Third, the amendment would eliminate delays by some mine operators in
providing supplies of breathable air in underground coal mines for
miners who may become trapped as required under the MINER Act of 2006.
We recently learned that some miner operators are putting refuge
chambers on order, with a wait of several years in some cases, and MSHA
has been treating these purchase orders as sufficient to comply with
the MINER Act's breathable air requirement. In the meantime, miners are
underground without the breathable air that this Congress intended them
to have. At least 11 of the 12 miners of the Sago explosion, for
example, did not die because of the explosion. They died because, after
many hours of awaiting rescue, they ran out of air. So this provision
closes an apparent loophole in the MINER Act and ensures that
breathable air is readily available to miners underground today while
operators await the delivery of refuge chambers. Such air supplies can
be provided via air cylinders or through boreholes to the surface
pursuant to MSHA instructions.
Finally, this amendment deals with the potential safety problems
posed by substance abuse in a direct and responsible fashion. Many of
us have seen the recent reports about the rise of substance abuse
problems in mines and mining communities. There is no doubt that the
injuries, overwork and stress that miners experience can leave some of
them vulnerable to abusing substances like painkillers. Now, none of
the recent tragedies have been linked in any way to drug use, but we
should be proactive in this area.
The amendment directs the Secretary of Labor to study the problem in
consultation with all parties and to impose the program if she
determines it to be feasible.
I urge my colleagues to pass the manager's amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from California is recognized for 5
minutes.
Mr. McKEON. Mr. Chairman, the S-MINER Act was first introduced nearly
7 months ago. It was voted on in the Education Committee more than 2
months ago. Yet in all this time this bill has been under
consideration, the critical issue of drug testing was not inserted
until the second try on the manager's amendment, submitted after
yesterday's deadline. Forgive me if I am skeptical that we would have
been given the same opportunity to revise our amendment at the last
minute if we had sought to do so. Nevertheless, the amendment now
before us replaces the previous version of the legislation, and it
deserves our thorough review.
I want to thank Chairman Miller for recognizing some of the flaws in
the S-MINER Act and attempting to address them. The amendment includes
some modest improvements, including an extension in the timeline for
installation of the new generation of fire-resistant conveyor belts. At
the same time, I am troubled by the proposal to limit the ability of
mine operators to comply with breathable air requirements. With the
ongoing backlog of the SCSRs, the breathing device required in mines,
today we demand mine operators to, at a minimum, offer a purchase order
to demonstrate their effort to comply with the requirement.
By preventing mine operators from producing proof of SCSR purchases
as evidence of compliance, this amendment could push mines across the
country out of compliance, despite their proven effort to comply with
the requirement in the only way possible. What would the penalty be for
the Nation's mines being deemed noncompliant? Would these mines be shut
down, leaving miners without work? What possible rationale could there
be for threatening mine workers' jobs as they struggle with today's
economic pressures just because there aren't companies that have the
ability to produce these required instruments?
Similarly, but perhaps even more troubling, the amendment imposes the
same backwards logic on the new requirement for possible refuge
chambers. On the one hand, it mandates that mines have these refuge
chambers in order to operate. On the other hand, it makes clear that
mines which purchase the chambers but through no fault of their own
must wait for them to be manufactured, will be unable to operate
without this very specific and widely unavailable product.
The majority knows that portable refuge chambers will have a
production backlog of years. They also know that
[[Page H62]]
in being so specific as to mandate portable refuge chambers with no
alternative, this provision guarantees that mines will be shut down
while waiting for the product to be manufactured. I don't know if that
is the goal, to shut down mines, but that will be the net result.
On the issue of drug testing, while I question the last-minute
addition of this proposal, I appreciate the belated acknowledgment that
drug abuse in the mining community is a significant problem that
demands action. Unfortunately, this amendment offers little in the way
of action. Instead of immediately implementing a drug testing program,
this amendment calls for a study. We don't need a study to tell us
whether drug abuse is a problem in the mines. All you need to do is
pick up the front page of The Washington Post Sunday edition and read
about it.
At this time I would like to submit this article, written by Nick
Miroff, into the Record. You will see the pervasiveness of this
problem.
[From the Washington Post, Jan. 13, 2008]
A Dark Addiction
(By Nick Miroff)
Tazewell County, VA.--The crowd is gathering early in the
dirt parking lot outside the Clinch Valley Treatment Center,
the only methadone clinic within 80 miles. Third in line,
Jeff Trapp smokes Winstons in his pickup, watching the cars
turn off the highway and settle behind him, tires crunching
on cold gravel, headlights glaring. It is 2:45 a.m., and
Trapp has been awake for two hours. The clinic does not start
dosing until 5.
Like Trapp, many of the patients who filled the lot one
recent morning have jobs at far-off mines that start at 6 or
7. They sleep upright in their vehicles, slumped against the
steering wheel, dressed for work in steel-toed black boots
and coveralls lined with orange reflective strips. Dark rings
circle their eyes where the previous day's coal dust didn't
wash off.
``Everybody you see here works,'' says Trapp, his smoke-
cured voice a low rumble. A $14 plug-in heater from ``Wally''
(Wal-Mart) whirs on the dash. ``Ain't no spongers. No
loafers,'' he says.
Work in the mines hasn't been as good as it is now in a
generation. With per-ton prices doubling in the past six
years, Virginia unearthed about $1.6 billion worth of coal in
2006, much of it to feed the growing energy demands of the
Washington region.
Wages are up, bosses are hiring and rookie miners can start
at $18 an hour--a small fortune in a region where, as Trapp
says, ``if you ain't working in the mines or in the prisons,
you don't make money.''
But it is a boom clouded by drugs. Nearly a decade after
OxyContin slammed into southwestern Virginia and much of
Appalachia, the abuse of prescription painkillers in the
region is worse than ever, police and public health officials
say.
Publicized efforts to crack down on drug dealers and
manufacturers through tougher street-level enforcement and
tighter prescription regulations have failed to curb the
crisis, and the result is a quiet catastrophe unfolding
largely out of sight, in private bedrooms and isolated
trailers far from the drug war's urban front lines.
A record 248 people died of overdoses in Virginia's western
region in 2006, more than those who died from homicides,
house fires and alcohol-related car accidents combined. That
was an 18 percent increase from 2005 and a 270 percent
increase from a decade ago, state medical examiner records
show.
The problem is most acute in Virginia's poorest rural
areas, and it is not limited to miners. In 2006, accidental
pain pill overdoses killed more people in Tazewell County
(pop. 44,000) than in Fairfax County (pop. 1.1 million). In
Wise County, where Trapp lives and the per capita income is
$14,000 a year, the fatal overdose rate for pain pills was 13
times those of Loudoun and Fairfax counties.
``The abuse and misuse of painkillers is the worst I have
seen it in the 16 years I have worked narcotics in this
area,'' said Lt. Richard Stallard of the Big Stone Gap police
department. He is director of the Southwest Virginia Drug
Task Force, which operates in Dickinson, Lee, Scott and Wise
counties. His officers made 442 arrests through the first
nine months of last year, an 86 percent increase from the
same period in 2006.
In what is perhaps the most troubling sign of the problem's
intractability, the single deadliest drug in the region in
2006 was the same one being legally distributed to addicts
through treatment clinics such as the one Trapp visits:
methadone.
A large black market has emerged for the drug, which is
supposed to treat addiction or chronic pain with less risk
than OxyContin and other oxycodone-based opioids. But
methadone was linked to 78 deaths in western Virginia in
2006, and experts say that whatever ground was gained against
the illegal use of OxyContin is being lost, engulfed in a
widening circle of abuse that extends to painkillers,
antidepressants and other prescription drugs.
Round-the-clock security is posted at Clinch Valley
Treatment Center, a two-story cement building along Route 19
that was once a hamburger restaurant. It serves almost 1,000
patients, drawing them from steep-sided mountain ``hollers''
and tiny coal towns such as Dante, Dungannon, Honaker and
other places where the winter sun casts long shadows but
little light.
Every morning before sunup, Trapp drives 120 miles--from
his home in Coeburn to the clinic and back--stopping once for
coffee and gas at the Double Kwik in Lebanon. He has been
going for two years, trading this dependency for the $600-a-
day oxycodone habit that made his nose bleed and his wife
cry. He is 54, with a pale moustache, a four-pack-a-day
wheeze and the drained, sallow expression of someone who has
not slept in a long time.
When the clinic doors open at 5, the crowd streams into the
warm hallway, squinting in the indoor light. Trapp hands over
$12.50 at a payment window, then lines up at another window
for his dose: 80 milligrams of liquid methadone, mixed with
juice in a little white cup. He must gulp it down quickly and
get back on the road. His boss expects him at 6:30.
``This methadone makes you feel like a human being again,''
Trapp says.
With disability rates as high as 37 percent in coal-mining
areas such as Buchanan County, the region has many people
with long-term pain management needs. As is the case with
lots of aging miners, Trapp's addiction to pills began in a
doctor's office, not a back-alley drug deal.
``Busted-up'' from 30 years working as a heavy-equipment
operator and mechanic on the massive excavators used for
strip mining and mountaintop removal, Trapp needed multiple
surgeries to fix seven ruptured and herniated discs. Doctors
wanted to implant a magnesium rod to stabilize his spine, but
Trapp refused.
``I've known too many people who've done it, and they can't
tie their shoes,'' he said.
So Trapp loaded up on painkillers, first Percocet and later
OxyContin. When the prescribed dose no longer did the job,
Trapp took more. Then more. He began ``doctor shopping,''
driving to Roanoke and Richmond to find physicians who would
give him prescriptions.
When the pharmacies couldn't provide enough pills, Trapp
found dealers who would. Friends were melting oxycodone
tablets and injecting themselves--``bangin' OCs''--but Trapp
was too squeamish to mess with needles. He crushed the
tablets and snorted them like cocaine off his kitchen table.
He didn't feel high, just ``good.'' The relief was instant.
``I got hooked on those bad boys real bad,'' he says.
But when Trapp didn't have pills, the withdrawal symptoms
left him ``sick as a dog'' and bedridden. ``Every muscle in
your body craves it,'' he says. ``You can't sleep, can't eat.
It's like the flu, but 10 times worse.''
In two years, Trapp put $60,000 of his retirement savings,
maybe more, up his nose. His daughter begged him to get help,
as did his wife, Sue, who works as a shift manager at a
Hardee's and as a guard at Red Onion State Prison, the
supermax facility where sniper Lee Boyd Malvo is being held.
Trapp was ``wormed over'' after three days into involuntary
withdrawal when his wife took him to a clinic to get help in
2005. He couldn't walk, and he couldn't hold up his head. He
began taking methadone that week.
Foreman Gary Boyd steers through the tunnels of Pioneer
Coal No. 1 in a low-rise electric cart, sloshing across
channels of cold, muddy water. His nickname, Stork, is
stenciled on his scuffed plastic helmet, and a slug of
dipping tobacco bulges in his lower lip.
``The good Lord put me on this Earth to be a coal miner,''
he says, ``and I can't think of nothing I'd rather do.'' He
ducks slightly when the ceiling height drops to 40 inches.
A bearish man with a soot-streaked beard, Boyd stands well
over 6 feet tall outside the mine. But underground, in a 3\1/
2\-foot ``low coal'' operation such as this one in the
mountains near Vansant, VA, Boyd mostly works on his hands
and knees, crawling like an infant. He and the other men
spend the entire shift, sometimes 12 hours or more, without
ever standing up.
Compared with the large, corporate-owned mines that use the
latest technology and enforce tighter safety codes, Pioneer
No. 1, the company's only mine, is a mom-and-pop affair, run
by a single operator and a 10-man crew. It extends
horizontally into the mountain through a maze-like network of
wide, low tunnels, and a red plastic sign along the access
road outside reads ``AMBULANCE ENTRANCE.''
With narrower profit margins, small-scale outfits such as
Pioneer, often known as ``dog holes,'' typically pay less and
don't offer benefits such as health insurance. But for miners
who have been fired from corporate mines for drug violations
or other infractions, smaller mines, which must still meet
state safety standards, are a good fallback.
The ``face,'' where Boyd's crew was working that day, was a
half-mile into the mountain. A massive grinding machine
called a continuous miner chewed at the coal seam with a
spinning, snaggle-toothed steel cylinder. Water seeped from
its mouth and trickled from its sides to cool the metal teeth
and keep the dust down. The greasy, jet-black rock came off
in chunks onto a conveyor belt.
As the machine worked, the tunnel walls cracked and groaned
under the shifting pressure of the mountain. Crew members
scrambled to stabilize the roof with wooden posts, wedging
them into place with hammers.
[[Page H63]]
``You're as safe as you would be in your mommy's arms--if
you watch what you're doing,'' Boyd said. He checked a hand-
held meter every few minutes to measure carbon dioxide, which
is poisonous, and methane, which can explode. Flecks of coal
dust swirled in the yellow beams of the miners' headlamps.
Drug use by miners who snort or shoot up underground has
been a growing cause for concern among state regulators, and
a law approved last year in the General Assembly imposed
stringent drug-testing policies. All newly hired miners must
be screened, and random testing requirements have increased.
Those who fail risk losing their miner's license.
The impact of the new policies was immediate. ``I can't
find nobody to work,'' said Noah Vandyke, 60, a lifelong
miner who runs Pioneer Coal. ``The younger generation, you
can't hardly find one that will pass a drug test.''
Since the new testing policy went into effect in July,
Vandyke has lost eight crew members who were fired because of
drugs or quit, possibly to avoid having their miner's license
revoked for a ``dirty'' urine sample.
``Every family in the area has been affected by drug
abuse,'' Vandyke said, ``and it ain't just coal miners.'' In
recent years, two of his sisters have died because of drugs,
and two brothers, both injured miners, are deep in the grip
of addiction.
Unlike some operators, Vandyke is known as a boss who will
not turn a man away for trying to get help at the methadone
clinic. One of those is his on-again, off-again ``scoop
man,'' Jeff Vandyke, who shuttles coal inside the mine in a
huge, spoon-shaped electric cart. The two men are not
directly related--Vandyke is a common name in the area--but
their lives have been intertwined since the elder miner gave
the younger his first job underground 15 years ago.
Like Noah, Jeff Vandyke, 34, grew up in Buchanan County
near the town of Grundy. With his horizons blocked by the
mountainsides, he found a new world underground. ``There's
nothing like coal mining,'' he said. ``You know that nobody
else will ever go where you're going. Just the people in that
mine, that day.''
The mines led Jeff Vandyke to another love: drugs. He got
his first prescription for OxyContin after a rock fall
accident that left him with broken ribs, shoulder damage and
spinal injuries. Disabled and addicted, he thought he could
get away from drugs by leaving, so he moved with his brother
to Arizona and got a job as a trucker. Soon they were buying
pills along the Mexican border, 1,000 at a time, he said.
Methamphetamine kept them awake, and OxyContin kept them
high.
By 2003, Jeff Vandyke was back home and drifting deeper
into addiction. He lived for more than a year in a broken-
down trailer with the electricity, water and heat cut off. He
spent most of his days on a couch in the dark, stirring every
few hours to warm the air under his blankets with a propane
camping stove.
The crippling pain and nausea of withdrawal pushed him to
get help. He drives to a Kentucky clinic for a two-week
supply of liquid methadone and says he has been clean for
three years. He and his girlfriend, Daisy Ratliff, live with
her two sons in a trailer with a thick coal seam visible on
the hillside in their back yard. She has brightened the black
lockbox where Vandyke stores his methadone with stickers of
hearts, stars and red letters that spell ``I LV U.''
``My truck's paid off,'' Vandyke says, his long, blond hair
tucked under a camouflage cap. ``I've got four bows, three
shotguns.'' He takes time off from the mines in the fall to
hunt deer, grouse and squirrel for winter meat.
And yet, some of the damage from his drug years can't be
undone. Vandyke's father no longer speaks to him, and he and
his brother haven't said a word to each other in nearly two
years, ever since he said his brother shot at him with a .38
and tried to steal Ratliff's car.
``I'll probably never get off methadone because of the
shape I'm in,'' said Mick Wampler, a disabled coal miner who
lives in a small room at the end of a narrow hallway in his
sister's house.
Wampler, 47, started working in the mines four days after
his 18th birthday. His mother needed the money after floods
wiped out the family's home in Haysi, VA. But he never had
the nerves for it, he said, and the sight of accidents sent
him over the edge. He watched one friend lose an arm to a
rock hauler and saw another electrocuted by a 900-volt mining
cable. Wampler began taking Valium just to go underground.
``A lot of people are scared on the job,'' he said.
``They'll use alcohol, anything.'' After falling off a loader
and breaking his leg, Wampler got a prescription for
oxycodone. A diabetic, he had needles, and shooting up was
easy. Soon he was hooked on high-potency Fentanyl patches,
ripping them in two to wring out the drug, which he would
cook up with vinegar and inject through the veins in his
feet. ``It was as good as heroin,'' he said. He dabbled in
that, too.
Years of negative publicity about OxyContin have made
doctors wary of it and other oxycodone-based drugs, local
health officials say, but records show that sales of the drug
have increased. In 2006, 746,901 grams of oxycodone were
distributed for retail sale in Virginia, nearly triple the
amount sold in 1999, according to the Virginia Department of
Health Professions. Although sales have slowed since 2001,
they increased 9 percent from 2005 to 2006.
Police in the region say pain pills are entering Virginia
from other states, even Mexico, where they can be casually
bought along the border. They can also be ordered on the
Internet through shady online pharmacies. The familiar
schemes remain popular, too.
We can't stop people from going doctor shopping,'' Tazewell
Sheriff H.S. Caudill said. ``We need a nationwide program to
check if John Doe has already been to another pharmacy.''
Doctors, meanwhile, have been giving out more methadone
than ever. From 1999 to 2006, the amount of methadone
distributed for retail sale in Virginia jumped from 30,531
grams to 146,479. An underground market for illegally
diverted tablets and liquid doses is thriving.
``When we had problems with OxyContin being diverted,
doctors started prescribing methadone,'' said Martha Wunsch,
a researcher who has a grant from the National Institutes of
Health to study southwestern Virginia's drug deaths.
Wunsch says that methadone in pill form, not the liquid
version legally distributed through addiction clinics, is to
blame for the bulk of fatal overdoses. In one study, she
found that more than half of all fatal overdose victims had
legitimate prescriptions for methadone tablets.
On its own, methadone can't deliver a ``high'' like
oxycodone or other opiates, so users combine it with anti-
anxiety drugs such as Xanax to intensify the effect, creating
a toxic, often fatal, cocktail. Prescription pills have
surpassed marijuana as the top drug of choice for new drug
users nationwide, according to the White House's Office of
National Drug Control Policy.
``There's not much to do around here,'' said Jeremy Lowe,
22, a miner who got hooked on Lortab (hydrocodone) after
breaking his hand in an accident a year ago. Now he is one of
the patients who wait in line at the methadone clinic every
morning.
``A lot of my friends who went off to universities ended up
coming back home and getting hooked,'' he said. ``It's like
it's fashionable to do drugs.''
To many, the growing traffic at the Clinch Valley Treatment
Center has made it a shameful symbol of the region's drug
problem. Several Tazewell officials want to shut the center
down or force it to move, seeing its for-profit business
model and treatment mission as a conflict of interest.
According to the clinic's policy, patients can buy methadone
as long as they want; detoxification is voluntary.
The clinic's counseling staff members say that many
patients need to be on some sort of drug to cope with severe,
long-term pain and that methadone has made them functional.
And for those who lack insurance or access to more
personalized care, it is often the only affordable option.
``We need to change the way people look at successful drug
addiction treatment,'' said the clinic's director, Sterlyn
Lineberry. ``Are we reducing harm to the individual? Is the
person working? Taking care of their family?''
Wunsch, who used to run a methadone clinic in the region,
says the biggest problem is the lack of state and federal
support for more comprehensive treatment programs. And
powerful stigmas persist. ``A lot of people in southwest
Virginia believe this is a moral weakness, not a public
health problem,'' she said.
Jeff Trapp knows people who have died from methadone but no
one who has gotten off it the hard way. He has tried to
decrease his dose, but the cravings come back every time. So
instead, he drives.
Trapp sets his alarm for 12:30 a.m., waking after a few
hours of sleep, and gets dressed in a dark room. His boss
does not like that he goes to the clinic, and even less that
it has made him late to work, and has threatened to fire him.
In the kitchen, Trapp makes coffee with the light low.
There is a plastic bin above the cabinets to catch the
rainwater where the roof leaks, and a picture of his wife at
her high school graduation hangs on the wall. He carries
another photo of her riding a motorcycle. She weighs 95
pounds, but she's a tough lady, he says.
When Trapp starts the pickup down the driveway at 1 a.m.,
the dogs stand on the doorstep and watch him go. Last year,
he put 60,000 miles on the pickup, a 1993 Chevy. The road
signs say his route is a designated scenic byway, the Trail
of the Lonesome Pine, but Trapp drives it in the dark, and
there is nothing to see.
``I don't want to be dependent on doing this every day,''
Trapp says. He could get permission for a two-week take-home
supply of methadone, if he wanted it. He hasn't had a dirty
test yet. But does he trust himself? No.
So instead, he drives.
``I don't want that temptation on me,'' he says. ``I'd
probably drink two bottles just to see how it felt.''
He opens the window a crack to light another Winston,
watching the shoulder for deer. When a car passes him on the
left, Trapp recognizes the vehicle. He has seen it before,
parked outside the clinic.
There seems to be no hesitation in this body about implementing
mandatory drug testing for Major League Baseball. Yesterday, Members on
both sides of the aisle spent more than 4 hours examining the question
of drug abuse among baseball players. I don't
[[Page H64]]
know what the danger is there. I hate to see records broken by somebody
because he's taken drugs, but the danger underground in mines of
somebody using drugs is really a real live danger. One area on which
everyone seemed to agree was on the need for mandatory drug testing for
the ballplayers. Yet for our Nation's mine workers who risk their lives
by entering the mines, we propose only a study.
{time} 1345
We need to protect these miners now. That means testing and nothing
less.
Mr. Chairman, this amendment includes some modest improvements. It
makes other changes that are ill defined that create new unanswered
questions, and it makes some changes that could actually worsen the
bill. On the whole, this amendment, like the S-MINER Act itself,
remains an unnecessary diversion from the bipartisan, widely supported
mine safety reforms enacted in 2006 through the MINER Act. I oppose
this amendment because I continue to oppose the underlying bill.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I would just say that,
first of all, on the question, I'm sure we had both the same reaction
when we read the story in The Washington Post that we had an
opportunity in this legislation to address, the issue of substance
abuse by those in the mining industry. You drafted your amendment and
we drafted our amendment. Ours is, in fact, a study and then the
implementation of the program.
The gentleman from the other side of the aisle and his colleagues are
always saying they don't want a solution made in Washington. They want
to consult other parties. We thought we should consult the companies.
We thought we should consult the States that have experience in this,
the public health agencies that have some experience in this, and have
the Secretary develop the best program and then enact that program with
drug testing. That's what we thought we should do, and I think it makes
the most sense. There are States that have extensive experience, and
rather than just somehow creating a program sent from Washington,
whether those programs have drug testing or not, didn't make any sense
to us.
With the rest of the criticisms of the amendment, I think it's sort
of like maybe the ``Abbey Road'' album, where you guys play it
backwards and it says ``Paul is dead'' or something. You're reading the
amendments upside down or something because that's not what the
amendments do. These are good amendments. They address some concerns
that the industry has raised with us. And the fact of the matter is
miners are entitled to have breathable air, to have 96 hours of air
underground today. When the chambers come, they will come, but in the
meantime they should not be unprotected given the history of the
accidents that we have witnessed in this country and the problems that
the miners have reaching those breathable supplies after the
explosions.
So I would encourage all of my colleagues to support this amendment,
the manager's amendment, by voting for it.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. George Miller).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. GEORGE MILLER of California. Mr. Chairman, I demand a recorded
vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from California will be
postponed.
Amendment No. 2 Offered by Mr. Boucher
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in House Report 110-508.
Mr. BOUCHER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Boucher:
At the end of the bill, insert the following:
(d) Grants for Rehabilitation.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Health and Human Services, is
authorized to award grants to appropriate entities and
programs for the purpose of providing rehabilitation services
to current and former miners suffering from mental health
impairments, including drug addiction and substance abuse
issues, which may have been caused or exacerbated by their
work as miners. The Secretary shall ensure such funds are
directed to those regions of the country most in need of such
assistance.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Labor $10,000,000 to
carry out the grant program authorized by this subsection.
The CHAIRMAN. Pursuant to House Resolution 918, the gentleman from
Virginia (Mr. Boucher) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
(Mr. BOUCHER asked and was given permission to revise and extend his
remarks.)
Mr. BOUCHER. Mr. Chairman, I yield myself such time as I may consume.
As the gentleman from California pointed out in his recent comments,
there was a compelling article on the front page of The Washington Post
on Sunday that details the level of drug dependency and drug addiction
that takes place among coal miners who have, because of their work,
become injured, received medications, and then that has led to drug
dependency, oftentimes to drug addiction, and it is a major and a
growing problem. And in the Central Appalachians, where much of our
Nation's coal is mined, that problem is one of the largest affecting
our communities.
Among the major victims of the epidemic we are experiencing are, in
fact, coal miners. But the problems in our communities are not limited
just to coal miners. As the article published on Sunday indicated, the
toll that this sometimes unseen epidemic is taking is worse now than
ever before, and it is growing year by year. In 2006, a record 248
people died from drug overdoses in the region that I have the privilege
of representing. In that year, accidental pain pill overdoses killed
more people in one of the coal mining counties in my congressional
district that has a population of 44,000 than died from drug overdoses
in Virginia's largest county, Fairfax County, that has a population of
1.1 million. So obviously this problem is disproportionately affecting
the coal-producing counties not only in Virginia, but it is happening
throughout the Central Appalachian region where coal is mined.
The devastation to families and communities in the district that I
represent is graphic, and that devastation was so well portrayed in the
article that the gentleman from California referenced that was
published in The Washington Post on Sunday. And for those who have not
read that article, let me commend it because it points out the severity
that this problem is imposing on our rural areas. Methadone has now
replaced OxyContin as the most abused and the deadliest drug, but the
epidemic spans a wide range of pain medications.
So the amendment that I'm putting forward really is the action that
Mr. McKeon called for just a moment ago in his comments. It is an
important step in addressing the mental health needs of the miners who
suffer from work-related drug dependency. They are not the sole victims
of the epidemic, but they are disproportionately affected by it.
The amendment authorizes the expenditure of $10 million in grant
awards in regions of the Nation most affected by prescription drug
abuse among coal miners in order to provide drug counseling and drug
rehabilitation services to them. And that article pointed out the
severe lack of those very services that exist in the coal-producing
regions of Virginia, and the authorities who are responsible for
delivering those kinds of services talked about the inadequacy of
resources with which they are currently having to contend. And we take
with this amendment one small step in making sure that those resources
are enhanced so they can do their jobs better.
I urge adoption of the amendment as one important step in addressing
an urgent need that we have in the coal mining communities of the
Eastern United States.
Mr. Chairman, I reserve the balance of my time.
[[Page H65]]
Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition to
the amendment, but I will not oppose its passage.
The CHAIRMAN. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. McKEON. Mr. Chairman, I really want to thank Congressman Boucher
for his effort to address this problem of drug use among miners. I
think it's very, very important. I would even go so far as to say if
this bill doesn't show much progress, if you brought this up as a
separate bill, I'd be happy to work with you on it.
This amendment takes an important first step by acknowledging the
problem and establishing opportunities for treatment. This amendment is
a positive first step, but it does not go far enough.
To complement the Boucher amendment, Republicans are proposing a
strong framework for mandatory drug testing. We want to ensure that
miners are tested and those who are under the influence are prevented
from entering the mines and putting their own lives and the lives of
their coworkers at risk.
Drug abuse among miners is a serious problem, and according to recent
media accounts, it is also a widespread problem. Already States are
taking the lead on stringent testing initiatives to protect miners from
the hazards that come from combining substance abuse and the dangerous
work environment. The Federal Government needs to catch up on what is
being done in the States.
I urge my colleagues to support the Republican proposal to implement
drug testing. At this time I also urge passage of the Boucher amendment
as an acknowledgment of the problem and an important first step toward
resolving it.
Mr. BOUCHER. Mr. Chairman, at this time I am pleased to yield 30
seconds to the gentleman from California (Mr. George Miller).
Mr. GEORGE MILLER of California. I thank the gentleman for yielding.
Mr. Chairman, I rise in very strong support of his amendment. I think
it's well thought out. It recognizes the problems that were described
in the article and experienced among his constituents to provide the
kinds of resources for what clearly, from the narrative in the story,
is a very difficult problem, encountering numerous substances, of
people who are caught in very difficult situations, many of whom are
struggling to stay employed. And I think the kinds of services that the
gentleman provides in his amendment are absolutely necessary, and I
rise in strong support of the amendment.
Mr. McKEON. Mr. Chairman, I likewise support the amendment, and I
thank the gentleman for presenting it.
Mr. Chairman, I yield back the balance of my time.
Mr. BOUCHER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I want to say thank you to the gentleman from
California for his kind remarks and for the strong support he has
stated for this measure, and I want to thank the gentleman from
California (Mr. George Miller) and his outstanding staff for their
leadership on the overall issue and also their strong support of this
undertaking.
It is critically important that we empower the individuals who are
delivering services to miners who are affected by drug abuse, who are
affected by drug addiction, so that they can become productive once
again, remain in the mines working, and that their families can benefit
from their productive existence. This amendment takes that important
step, and I urge adoption of it.
The Acting CHAIRMAN (Mr. Pastor). The question is on the amendment
offered by the gentleman from Virginia (Mr. Boucher).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. GEORGE MILLER of California. Mr. Chairman, I demand a recorded
vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.
Amendment No. 3 Offered by Mr. Ellsworth
The Acting CHAIRMAN. It is now in order to consider amendment No. 3
printed in House Report 110-508.
Mr. ELLSWORTH. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Ellsworth:
Page 32, beginning on line 9, strike ``amended by
striking'' and all that follows through ``The operator
shall,'' and insert ``amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by inserting at the end the following:
``(2)(A) The Secretary shall maintain a list of delinquent
operators who fail to timely pay final assessments. Any
operator placed on that list for the first time shall be
subject to the requirements of this paragraph only until such
time as the Secretary determines that the operator is no
longer in arrears. Any operator placed on that list for a
subsequent time shall remain on the list until such time as
the Secretary determines the operator is committed to timely
payment of final assessments. Any operator who believes he or
she has been placed or retained on the list in error may file
with the Commission a request for consideration of decision.
``(B) An operator on the list maintained pursuant to
paragraph (A) shall,''.
Page 32, line 24, strike ``In the event'' and insert
``(C) In the event''.
At the end of the bill, insert the following:
SEC. 9. MINE SAFETY PROGRAM FUND.
Title I is further amended by adding at the end the
following:
``SEC. 117. MINE SAFETY PROGRAM FUND.
``(a) Establishment.--There is established in the Treasury
a separate account to be known as the `Mine Safety Program
Fund' (in this section referred to as the `Fund').
``(b) Transfers to the Fund.--There shall be deposited in
the Fund--
``(1) all penalties collected under section 110; and
``(2) any gifts, bequests, or donations to the Fund from
private entities or individuals, which the Secretary of the
Treasury is authorized to accept for deposit into the Fund,
except that the Secretary is not authorized to accept any
such gift, bequest, or donation that--
``(A) attaches conditions inconsistent with applicable laws
or regulations; or
``(B) is conditioned upon or would require the expenditure
of appropriated funds that are not available to the Secretary
of Labor.
``(c) Expenditures.--Amounts in the Fund shall be
available, as provided in appropriations Acts, only for
inspections and investigations conducted pursuant to section
103.''.
Amend the table of contents in section 1(b) by adding at
the end the following:
Sec. 9. Mine safety program fund.
The Acting CHAIRMAN. Pursuant to House Resolution 918, the gentleman
from Indiana (Mr. Ellsworth) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Indiana.
Mr. ELLSWORTH. Mr. Chairman, my staff and I worked hard with Chairman
Miller and his staff to address some important issues with this
amendment.
My amendment would strike from the bill a requirement that penalizes
mine operators who have been assessed penalties and pay them in a
timely fashion. In its place, the amendment provides the Secretary of
Labor with a mechanism to hold accountable those businesses that have a
history of delinquent fine payments, while ensuring that honest
businesses can contest fines without paying them up front.
As written, the underlying bill would require all mines to place the
amount of an assessed fine into escrow if they choose to contest that
fine. This is intended to ensure that mine operators cannot evade their
responsibility to pay fines if they lose that appeal. While I support
this important new collection tool, I do not think the bill takes into
full account the financial burden that it could create for small
businesses that do not have the means to leave funds in escrow while
they contest a citation.
In Indiana and across the country, there are numerous mine operations
that don't have the operating budget to cover such large and unforeseen
costs. The small quarry mines in the Midwest and the sand and gravel
operations in the South might not have the overhead to freeze thousands
of dollars while they appeal the citation. I would hate to see those
mines forced to miss a payroll or lay off their hardworking employees
because of this provision.
My amendment addresses this concern by directing the Secretary to
maintain a list of mine operators with a history of delinquent
payments. Only
[[Page H66]]
those operators who are on this list would be required to prepay their
fines into escrow. The amendment would also provide businesses with an
opportunity to contest their placement on this delinquency list if they
believe that placement list was a mistake.
Ultimately, my amendment would relieve undue financial burden for all
mines, but particularly the small mines that are acting in good faith
to properly appeal and, when necessary, pay their fines.
{time} 1400
This amendment also addresses an important issue affecting mine
safety in recent years, the lack of comprehensive safety inspections in
every mine. In November of 2007, the Department of Labor's Inspector
General reported that 15 percent of mines were not fully inspected in
fiscal year 2006, due mainly to lack of inspection resources. As we
know, we can pass all the mine safety laws we want in this House, but
if inspections of mines aren't being held, and they aren't held
accountable to our standards, we haven't made any progress at all.
As the Inspector General points out in his report, and I quote:
``Incomplete or missed inspections place miners at risk because
hazardous conditions in the mines may not be identified and corrected.
In fiscal year 2006, approximately 7,500 miners were employed at 107
mines which did not receive at least one required inspection.''
In response to the failure outlined in that report, this amendment
creates the Mine Safety Programs Fund to guarantee that all MSHA fines
are reinvested in mine safety, which allows us to make sure every mine
is living up to our standards and providing a safe working environment
for working American miners. Last year, safety violations resulted in
about $40 million of MSHA fines. If that money was reinvested in mine
safety, it would have meant an estimated 20 percent increase in the
inspection resources. We can pass all the mine safety laws we want, but
if we don't give the Department of Labor resources to fund them, we
haven't made progress for the American miners and what they expect of
us.
Again, I would like to thank Chairman Miller and his staff, as well
as my staff, for working with us for what I think is an important
amendment to this bill.
I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I claim time in opposition to the
amendment, but I will not oppose the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. McKEON. Mr. Chairman, the Ellsworth amendment, as it has been
explained, would modify the collection of fines to provide relief to
those mine operators who pay their fines in a timely fashion. At the
same time, it establishes a trust fund so that fines collected will be
used for inspections and investigations. The amendment also creates a
list of those mine operators who do not pay their fines, shining a
spotlight to help promote payment in a timely fashion.
Unlike the underlying bill, this amendment would not do anything to
inhibit implementation of the bipartisan MINER Act of 2006. Because
this amendment offers positive reforms without dismantling the mine
safety improvements under way, I am pleased to support its passage.
Mr. Chairman, I yield back the balance of my time.
Mr. ELLSWORTH. Mr. Chairman, I would like to yield 30 seconds to the
gentleman from California (Mr. George Miller).
Mr. GEORGE MILLER of California. Mr. Chairman, I want to rise in
strong support of the gentleman from Indiana's amendment and commend
him for his very thoughtful work and his diligence on putting this
amendment together to make sure that we in fact attack the problem at
hand, which was those few irresponsible miners who refused to pay their
fines and that have a history of not paying. Then, also the creative
use of these fines to provide better enforcement, better safety for our
mine workers. I rise in strong support and ask all of our colleagues to
vote ``yes'' on the Ellsworth amendment.
Mr. ELLSWORTH. Mr. Chairman, I would like to thank the chairman again
and the ranking member for his understanding and patience on this
matter.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Ellsworth).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. GEORGE MILLER of California. Mr. Chairman, I demand a recorded
vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Indiana will
be postponed.
Amendment No. 4 Offered by Mr. Wilson of South Carolina
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in House Report 110-508.
Mr. WILSON of South Carolina. Mr. Chairman, I have an amendment made
in order under the rule.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Wilson of South Carolina:
Strike all after the enacting clause and insert the
following:
SECTION 1. SENSE OF CONGRESS.
It is the Sense of Congress that the Mine Safety and Health
Administration should continue the full and timely
implementation of the Mine Improvement and New Emergency
Response Act of 2006, P.L. No. 109-236, and that the
provisions of that law should be implemented by the
Administration as robustly, safely, and expeditiously as
possible.
SEC. 2. SAFETY COMMITTEES.
Title II of the Federal Mine Safety and Health Act of 1977
is amended by adding at the end the following new section:
``SEC. 208. SAFETY COMMITTEES.
``Not later than 180 days after the date of enactment of
this section, the Secretary shall promulgate regulations
pursuant to section 101(a) providing that a mine operator may
establish, assist, maintain, and participate in workplace
safety committees, on which committees miners shall
participate to address issues of mine safety and to deal with
the mine operator regarding emergency response,
communication, rescue, recovery, inspection and other terms
and conditions of employment relating to mine safety.''.
SEC. 3. SUBSTANCE ABUSE TESTING.
Title II of such Act is further amended by adding at the
end the following:
``SEC. 209. SUBSTANCE ABUSE TESTING.
``(a) Testing Program.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
promulgate regulations pursuant to section 101(a) to require
the operator of each mine to institute a program to conduct
mandatory, random substance abuse testing of mine employees.
Such regulations shall be no less restrictive than
regulations issued by other Federal and State agencies which
impose mandatory substance abuse testing and shall provide
for--
``(1) mandatory substance abuse testing procedures;
``(2) a process for the random selection of those employees
to be tested;
``(3) the protection of individuals' rights and privacy;
``(4) the establishment of an Employee Assistance Program;
and
``(5) for purposes of subsection (b), a process for mine
operators to notify the Administration of the names of
individuals who test positive for substance abuse.
``(b) Registry.--Not later than 180 days after the date of
enactment of this section, the Secretary shall promulgate
regulations creating a registry of those found to have tested
positive for substance abuse for the sole purpose of sharing,
on a confidential basis, with State authorities responsible
for issuance of licenses, certification, permits, or other
documents required to seek employment in the mining
industry.''.
SEC. 4. IMPROVING MINE SAFETY.
(a) Coordination With Bureau of Land Management.--The Mine
Safety and Health Administration shall regularly consult with
the Bureau of Land Management concerning the safety status of
mines in order for the Administration to maintain an
awareness of any safety concerns observed by Bureau of Land
Management personnel.
(b) Study of Deep Mine Conditions by Technical Study
Panel.--
(1) Establishment of technical study panel.--There is
established a Technical Study Panel (hereafter referred to as
``the Panel'') which shall provide independent scientific and
engineering review and provide recommendations to the Mine
Safety and Health Administration to evaluate the risk
assessment procedures of deep mine conditions.
(2) Membership.--
(A) In general.--The Panel shall be composed of--
(i) two individuals to be appointed by the Secretary of
Health and Human Services, in
[[Page H67]]
consultation with the Director of the National Institute for
Occupational Safety and Health and the Associate Director of
the Office of Mine Safety;
(ii) two individuals to be appointed by the Secretary of
Labor, in consultation with the Assistant Secretary for Mine
Safety and Health;
(iii) one individual appointed jointly by the majority
leaders of the Senate and House of Representatives; and
(iv) one individual to be appointed jointly by the minority
leader of the Senate and House of Representatives.
(B) Qualifications.--Four of the 6 individuals appointed to
the Panel under paragraph (A) 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.
(3) Report.--
(A) In general.--Not later than 1 year after the date on
which all members of the Panel are appointed under paragraph
(2), the Panel shall prepare and submit a report concerning
deep mine conditions to the Secretary of Labor, the Secretary
of Health and Human Services, the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(B) Response by the secretary.--Not later than 180 days
after the receipt of the report, the Secretary of Labor shall
provide a response to the report and submit such response to
the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate. Such response shall
contain 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.
(4) 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.
(c) Study of Retreat Mining and Pillaring.--
(1) Study.--The National Institute for Occupational Safety
and Health shall conduct a study of the recovery of coal
pillars through retreat room and pillar mining practices in
underground coal mines at depths greater than 1,500 feet. The
study shall examine the safety implications of retreat room
and pillar mining practices, with emphasis on the impact of
full or partial pillar extraction mining. The study shall
consider, among other things--
(A) seam thickness;
(B) depth of cover;
(C) strength of the mine roof, pillars, and floor;
(D) the susceptibility of the mine to seismic activity; and
(E) a sensitivity analysis on input parameters such as
strength of the coal, the size the pillar core, the strength
of roof and floor rock members, abutment pressure from caved
areas, and the horizontal stress; and
(F) the procedures used to ensure miner safety during
retreat mining.
(2) Report.--Not later than one year after the date of
enactment of this Act, the National Institute for
Occupational Safety and Health shall submit a report
containing the results of the study to the Secretary of Labor
and Committee on Education and Labor of the House of
Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(3) Report by the secretary of labor.--Not later than 180
days after receipt of the report required under paragraph 2,
the Secretary of Labor shall report to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate what actions, if any, that the Secretary intends to
take based on the report.
(d) Dissemination of Accident Information.--Section 103 of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
813) amended by adding at the end the following:
``(l)(1) All information concerning the accident or
incident obtained by any person or organization participating
in an investigation under this section shall be transmitted
to the representative of the Administration coordinating the
rescue effort or subsequent accident investigation. Parties
to the investigation may relay to respective organizations
information necessary for purposes of prevention or remedial
action. No information concerning the accident or incident
may be released to any person not a party to the
investigation or representative of such party prior to the
release of such information by the Administration without the
prior consultation with and approval of the Administration.
``(2) For purposes of this subsection, parties to the
investigation include the mine owner, mine operator,
employees of that mine, first responders, mine rescue team
members, or others participating in the rescue and recovery
effort.''.
The Acting CHAIRMAN. Pursuant to House Resolution 918, the gentleman
from South Carolina (Mr. Wilson) and a Member opposed each will control
15 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. WILSON of South Carolina. I yield myself such time as I may
consume. Mr. Chairman, I rise in support of mine safety and in
opposition to this bill.
The Wilson/Kline amendment combines the key elements of the Wilson
amendment offered in committee with the important safety teams
amendment also considered during markup. There is much that we do not
know about the tragedy of Crandall Canyon. It would be premature to
legislate on many of these issues until the Crandall Canyon
investigation is complete. Once the investigation is complete, we can
determine if any further initiatives are necessary. It also should be
noted that few, if any, of the provisions in the underlying legislation
would have had any impact in preventing the accident in Utah this
summer.
Our amendment would require the Department of Labor to more regularly
communicate with the Bureau of Land Management, BLM, regarding safety
concerns. Given that personnel from the BLM inspect mines daily, the
Mine Safety Health Administration, MSHA, should have the benefit of
knowing what BLM is observing and what concerns the agency has
regarding safety.
Our amendment would also require two studies: one to address deep
mine safety, and another to address pillar removal. Regarding deep
mining, it is no secret that the mining industry is mining deeper
underground. In order to assure that they have the most sophisticated
science available to them, a study about the elements of deep mining
should be undertaken. It is also important to recognize that deep
mining and pillar removal are two separate issues, and our amendment
was crafted accordingly to give each issue thorough consideration.
Finally, there is great concern about how information during a mine
rescue and recovery effort is communicated to the public. Our amendment
would create a public relations protocol similar to that used by the
National Transportation Safety Board. In this way, all parties to the
rescue and recovery effort must clear any information through MSHA
before releasing it to the public.
This amendment takes the NTSB's well-regarded approach to
communications. Before anyone associated with the rescue and recovery
effort can make public comments, they must be approved by MSHA. In this
way, we can ensure that the families have been fully briefed, that any
information given to the media is factual, and that it does not
interfere with the ongoing efforts of any future investigation.
The S-MINER Act may address some of these issues, but ultimately the
underlying bill is not narrowly crafted to focus on the Crandall Canyon
tragedy. Instead, it provides for a complete rewrite of a successful
law. In addition to these four specific policy opportunities that
respond to the tragedy that occurred at the Crandall Canyon mine, our
substitute builds on the MINER Act by actively engaging miners in
safety teams and implementing substance abuse testing. It is important
to note that the MINER Act was the most significant piece of mining
legislation passed in 30 years, which was signed into law in 2006.
The Wilson/Kline substitute ensures that the MINER Act is not
derailed by excessive new regulations. The MINER Act has put in motion
regulations, studies, and industry improvements that will be negatively
impacted by H.R. 2768. I oppose the S-MINER Act and urge you to vote in
favor of the Wilson/Kline substitute.
I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I rise in strong
opposition to this amendment.
The Acting CHAIRMAN. The gentleman from California is recognized for
15 minutes.
Mr. GEORGE MILLER of California. What this amendment would do would
be to strike many of the very important provisions in the underlying
bill that are there to protect the lives and the safety of those who
mine coal in this country's coal mines. They would change the retreat
mining where we just saw a disaster of a mine accident in Utah this
last August. They would provide a provision of a study. Rather
[[Page H68]]
than changing the regulations by which that happened, they would
provide a study. A study was not going to save those miners.
They would also take out the provision that we have that miners
should have 96 hours of air available to them in the mines until such
time as we have the refuge chambers. They take that out. Those miners
need that air today. The fact that a refuge chamber is on order, may
not be delivered for six months, a year, a year and a half, does
nothing for the miner who goes to work today and tomorrow, and that is
why we did it. We did it so that we could provide that margin of safety
for those individuals.
We also look at conveyor belts, a major ignition point of fires in
the mine, and if not properly installed, if not properly taken care of,
can take the fire and the gases directly to where the miners are
working. So they take that provision out.
We say that MSHA cannot investigate itself. It cannot investigate
itself. These must be independent investigations, because you have to
look at whether or not MSHA properly did its job, properly enforced the
requirements of the law, properly inspected the mines and all that that
entails, and to have them redo that themselves is a disservice to the
miners and to the families. It's the single most provided complaint to
this committee by the families, that they just don't understand how the
watch dog can investigate themselves when their family members died in
these mines. They want somebody else to take a look at it. They want
somebody else to see whether or not it was done properly or not, and
that is out in this provision.
It also limits the family participation. Why is it that the victims
aren't able to testify and to participate and understand the design of
the investigation? They are excluded from this process today. These are
family members, these are victims of the disaster, these are taxpayers,
and they're told, Just stand on the side, we'll tell you what happened.
In many instances, they know more about what happens because when their
spouses come home from work, they talk to them about what is wrong in
the mines, what's dangerous, about their fear of going to work. So we
provided an ombudsman so that that could happen. They should also be
part of that investigation.
We think it's very important that this amendment be defeated because
it wipes out, it guts those provisions of the law that we envision in
this legislation that are so important to those miners and to their
families. We cannot do what we have done in the past and assume that we
can just leave this to the Mine Safety Health Administration. They
essentially did nothing for 8 years.
Now, tragically, year after year those mining families are paying the
price for that. That must come to an end. That is what this legislation
does. This amendment destroys the ability of this legislation to
provide that margin of safety to the miners and to their families, and
I urge a ``no'' vote on the Wilson amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. WILSON of South Carolina. Mr. Chairman, I yield such time as he
may consume to the gentleman from Minnesota (Mr. Kline), a ranking and
valued member of the Education and Labor Committee.
Mr. KLINE of Minnesota. I thank the gentleman for yielding the time.
Mr. Chairman, like my colleague from South Carolina, I rise today in
strong support of mine safety and in opposition to the base bill.
Rather than supporting this flawed bill, I would ask Members to support
the Wilson/Kline amendment. This amendment is a sensible alternative
that will enhance mine safety without undoing the significant reforms
already underway. During the numerous hearings we have held in the
Education and Labor Committee on mining issues, one thing we have heard
frequently from miners themselves and from their family members and
from their representatives is that when it comes to mines and mine
safety, it is the men and women who go into the mines every day that
know best.
I would like to focus my comments today, first, on one particular
aspect of our amendment, and that is to engage miners in their own
safety. Our amendment recognizes that miners themselves do know best
and seeks to ensure that mine owners and operators are allowed to avail
themselves of the knowledge, experience, and talents of their
employees. To that end, this amendment would allow mine operators to
incorporate meaningful employee involvement in safety committees, which
include representatives of workers and mine operators, and work
together to ensure that the safest workplace conditions are possible.
Although cooperation between miners and mine operators seems obvious,
if not imperative, it is, unfortunately, not always a reality. Under
archaic provisions of Federal labor law, too often employer-employee
safety committees that actually do something have been found to run
afoul of Depression-era mandates.
Mr. Chairman, we are no longer living in the 1930s, and neither
should our laws. Nearly 2 years ago, we began to bring the mining
industry into the 21st century by considering and enacting the MINER
Act. Though it is not yet fully implemented, that law is already
working. Today, my colleague Mr. Wilson and I are offering an amendment
that builds on the MINER Act, rather than tearing it down.
{time} 1415
A key element of our plan is to ensure that antiquated laws don't get
in the way of mine worker safety. In fact, our amendment is based on
the eminently sensible TEAM Act which was considered by this Congress
some years ago and would have provided for safer workplaces for all
employees, not just miners.
I don't know that anyone can argue that safety committees in mines
should not make full use of their workers' wisdom and experience. For
that reason, I urge my colleagues to support the Wilson/Kline amendment
as a commonsense, pro-miner alternative. Use of miner-involved safety
committees is just one element of our substitute, but I believe it
accurately captures our goal of enhancing safety while maintaining
momentum of the MINER Act.
I have been interested today to listen to the proponents of the bill
and the opponents of our amendment talk about the importance of
breathable air and getting these containers into the mines, but I don't
understand if the chamber is not available, what is the mine supposed
to do while we are waiting what is admittedly 6 months or 12 months for
the chamber to arrive? The base bill is so prescriptive, it prevents
any alternative to the prescribed chamber, and those chambers are
simply not available. I really wish we had the answer to that question.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such
time I may consume.
Just in response to the question that was asked, the whole point is
the chambers are not available. We are asking that they put 96 hours of
air available in canisters until such time as the refuge chambers are
available. Currently now, apparently if you order a chamber, you are
considered to be in compliance. No new air has come into that mine. No
new resources of air are available. Nothing is available to the miner,
but you are in compliance with the law.
We saw miners lose their lives because they simply ran out of air.
They weren't killed in the explosion. They weren't killed in a slide.
They weren't killed in a roof collapse. They ran out of air.
So what we are saying is we appreciate that you have gone ahead and
you have ordered the chambers because you have made the decision to put
the chambers in. Until such time as they are there, we ought to provide
that kind of margin of safety. One is not inconsistent with the other.
Mr. KLINE of Minnesota. If the gentleman will yield for just a
minute, I think that they are. I don't understand where that air is
supposed to come from. The SCSRs are not available. Those are on back
order. Refuge chambers are not available. They are on back order. What
are these miners supposed to do?
Mr. GEORGE MILLER of California. These are air cylinders that are
readily available. These are not the individual-sized packs that we
deal with here in terms of inspections that didn't work in the Sago
Mine. Canisters of air are readily available all throughout American
society. We just say you should
[[Page H69]]
put some in the mines so people can use them.
Then let me just say the question that is raised here, currently the
law allows for employer and employee involvement in safety issues.
Many, many organizations and businesses have these committees. But we
want those committees to remain independent.
This suggests that somehow the employer should select those employees
to engage in those discussions. We think that the workers ought to be
able to do that and do it independently so that, in fact, they can have
a true discussion about the conditions and the safety of the mines and
not be establishing unilateral committees to make those determinations.
The fact of the matter is, where people have these employer-employee
safety committees, very often the efficiency of the mines improves, the
productivity of the mines improves and the safety improves, and we
think that that is the model that ought to be continued.
Mr. Chairman, I reserve the balance of my time.
Mr. WILSON of South Carolina. Mr. Chairman, I yield such time as he
may consume to the gentleman from California (Mr. McKeon), the
distinguished ranking member of the Education and Labor Committee.
Mr. McKEON. Mr. Chairman, I thank the gentleman for yielding. I rise
in strong support of the Wilson/Kline amendment to preserve bipartisan
mine safety reforms.
The S-MINER Act is based on a flawed premise. It begins by abandoning
the widely supported mine safety reforms enacted in 2006. Rather than
building on the progress that has been made, the S-MINER Act brings
those bipartisan reforms to a screeching halt.
Republicans have a better way. The Wilson/Kline amendment strikes the
appropriate balance between strengthening mine safety and maintaining
the widely supported reforms enacted less than 2 years ago.
First and foremost, the substitute underscores the importance of the
MINER Act reforms and restates our commitment to seeing them
implemented fully and forcefully. Our substitute builds on those
reforms rather than tearing them down.
Among the most important steps taken in the Republican substitute is
the effort to fully, more fully engage the miners in mine safety.
During the Education and Labor Committee's consideration of this bill,
Representative Kline offered an amendment that, like our substitute,
would empower miners by directly involving them in the development of
safety policies and procedures through the formation of safety teams.
Currently, nonunionized miners may be prohibited from working with
management to promote safety through teams.
Mine safety is too important an issue to fall victim to the politics
of unionization. Every miner should have the opportunity to work
cooperatively with the mine operator to promote their own safety and
the safety of those with them in the mines.
To further protect miners, the Republican substitute calls for a
strong program of drug testing. In fact, the Republican plan is the
only proposal that offers drug testing. Representative Boucher is
proposing drug rehabilitation, an important first step, but one that
will be incomplete without testing. Indeed, Representative Boucher's
own State of Virginia has taken a leadership role on requiring drug
testing in the mines, something the Federal Government should require
as well.
Sadly, the proposal offered in the manager's package would do even
less, calling for just a study of drug abuse among miners. No one here
seems to object to drug testing for professional baseball players. An
entire hearing was devoted to the topic of drug use in Major League
Baseball just yesterday, yet not a single hearing has been held to
explore the problem of drug abuse among miners. And when our friend,
the late Representative Charlie Norwood, had the courage to call for
drug testing in miners in years past, he was rebuked for daring to draw
attention to this pervasive problem.
I am pleased we are finally acknowledging this problem among miners,
but I want to be clear; anything short of the Republican plan for drug
testing fails to fully protect miners.
Finally, our substitute recognizes some of the very specific issues
brought to light with the tragic collapse of the Crandall Canyon Mine
in August of 2007. To address those issues, it would improve
communication between MSHA and the Bureau of Land Management, study the
conditions the next generation of miners will face with deep mine
conditions and retreat mining using pillar removal, and clarify how
information is to be disseminated in the event of a tragedy.
I urge my colleagues to preserve bipartisan mine safety reforms by
supporting the Wilson/Kline amendment.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from West Virginia, Mr. Rahall.
Mr. RAHALL. Mr. Chairman, I thank the distinguished chairman for
yielding, and I rise in opposition to this Republican substitute.
Pure and simple, the substitute kills the bill. It guts all of the
bill's health and safety protections that the committee has worked so
long and hard on and upon which the committee has heard expert
testimony and heard testimony from our Nation's coal miners. So the
fact that this legislation has been developed as it has shows that the
committee has utmost in its consideration the protection of the health,
safety and well-being of our Nation's coal miners.
This Republican substitute requires a one-size-fits-all mandatory
drug testing program, for example, with a national blacklist of miners.
It creates company dominated safety committees to stifle miners'
voices; whereas, the committee bill, crafted as well as it has been,
does allow for all sides to be represented in these safety committee
deliberations. That is most important, because it is important that
these committees have the involvement of coal miners that are on the
job working, those who know the mines and the particular features of
each mine, because, as we all know, not all coal mines are structured
in the same fashion.
It is worthy to note as well that all of those that work in our
Nation's mines, the United Mine Workers of America, the AFL, the Food
and Commercial Workers, all of our Nation's unions that are concerned
with the health and safety of our coal miners, oppose this Republican
substitute amendment.
So, as I conclude, I say to my colleagues, just remember, this is an
effort to gut the bill, pure and simple, and we all know that this bill
still has a process through which it has to travel, including the other
body. And if the administration cannot see in its wisdom and compassion
to sign the bill, then certainly we have a basis upon which to proceed
for further safety measures in the next Congress. I would urge
rejection of this Republican substitute.
Mr. WILSON of South Carolina. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, in conclusion, I urge the strongest consideration of
the Wilson/Kline amendment. I would like to point out that it would
provide for full implementation of the MINER Act of June 2006.
Additionally, it has the provisions, as well explained by Congressman
McKeon of California, the provisions and concerns of the late
Congressman Charlie Norwood of Georgia, providing for drug testing are
included.
As I conclude today, I would like to read and summarize an op-ed
which was in the Lexington Herald Leader, a McClatchy newspaper. This
op-ed was printed on November 26, 2007: ``New mining bill premature.''
The author is Rick Honaker. Professor Honaker is the Mining
Foundation's distinguished professor and chairman of the University of
Kentucky Department of Mining Engineering.
Professor Honaker says, ``Eliminating coal mine accidents is an
achievable goal. In recent years we have seen a dramatic decline in
fatalities at the Nation's 550 underground mines, though the tragic
accident earlier this year at a mine in Utah underscores some of the
serious problems we face.
``But Congress has gotten ahead of itself. However well-intentioned,
it is considering new legislation before the industry has been able to
implement and assess the effectiveness of a major mine safety law
passed last year.
``It seems very strange, almost incomprehensible, that a move is
afoot in
[[Page H70]]
Congress to impose an entirely new set of requirements on coal mine
operators and mine inspectors, even before there has been an
opportunity to comply with the far-reaching provisions of the MINER
Act. It threatens to disrupt the all-important emergency rescue
provisions of the law.
``That process will require more work from the coal community, not
more laws from Congress. Rather than leap into an abyss with new
legislation, let's give mine safety and health experts an opportunity
to implement the existing law.''
Mr. Chairman, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such
time as I may consume.
Mr. Chairman, I rise to reiterate my strong opposition to this
legislation. I believe that it does eliminate most of the very
important provisions in the underlying bill and the manager's amendment
to ensure that we increase the margins of safety for miners and for
their families. We should not give up that opportunity to this
substitute, and I urge my colleagues to vote ``no'' on the Wilson/Kline
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from South Carolina (Mr. Wilson).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. WILSON of South Carolina. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from South
Carolina will be postponed.
Announcement by the Acting Chairman
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 110-508 on
which further proceedings were postponed, in the following order:
Amendment No. 1 by Mr. George Miller of California;
Amendment No. 2 by Mr. Boucher of Virginia;
Amendment No. 3 by Mr. Ellsworth of Indiana;
Amendment No. 4 by Mr. Wilson of South Carolina.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
Amendment No. 1 Offered by Mr. George Miller of California
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. George Miller) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 234,
noes 183, not voting 18, as follows:
[Roll No. 5]
AYES--234
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baird
Baldwin
Barrow
Bean
Becerra
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E.B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Whitfield (KY)
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NOES--183
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--18
Baca
Baker
Berkley
Christensen
Culberson
Faleomavaega
Forbes
Fortuno
Fossella
Honda
Hunter
Jefferson
Lantos
Meeks (NY)
Miller, Gary
Paul
Shimkus
Tanner
{time} 1455
Messrs. SOUDER, SENSENBRENNER, and CANTOR changed their vote from
``aye'' to ``no.''
Messrs. LIPINSKI and JONES of North Carolina changed their vote from
``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 2 Offered by Mr. Boucher
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Boucher) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
[[Page H71]]
The vote was taken by electronic device, and there were--ayes 364,
noes 53, not voting 18, as follows:
[Roll No. 6]
AYES--364
Abercrombie
Ackerman
Aderholt
Alexander
Allen
Altmire
Andrews
Arcuri
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Buyer
Calvert
Camp (MI)
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Farr
Fattah
Ferguson
Filner
Fortenberry
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Hooley
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Norton
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pomeroy
Porter
Price (NC)
Pryce (OH)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stark
Stupak
Sullivan
Sutton
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOES--53
Akin
Barrett (SC)
Bilbray
Bonner
Broun (GA)
Burton (IN)
Campbell (CA)
Cannon
Chabot
Coble
Conaway
Deal (GA)
Duncan
Everett
Feeney
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Hall (TX)
Hensarling
Herger
Hoekstra
Issa
Johnson, Sam
Jones (NC)
Jordan
King (IA)
Kingston
Lamborn
Linder
Lungren, Daniel E.
Mack
Marchant
McHenry
Miller (FL)
Musgrave
Pence
Poe
Price (GA)
Radanovich
Rohrabacher
Royce
Sali
Sensenbrenner
Shadegg
Stearns
Tancredo
Walberg
Walden (OR)
Weldon (FL)
Westmoreland
NOT VOTING--18
Baca
Baker
Berkley
Christensen
Culberson
Faleomavaega
Forbes
Fortuno
Fossella
Honda
Hunter
Jefferson
Lantos
Meeks (NY)
Miller, Gary
Paul
Shimkus
Tanner
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised 2 minutes
remain.
{time} 1502
Mr. HALL of Texas and Mr. WELDON of Florida changed their vote from
``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 3 Offered by Mr. Ellsworth
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Indiana
(Mr. Ellsworth) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 416,
noes 0, not voting 19, as follows:
[Roll No. 7]
AYES--416
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Fortenberry
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Hooley
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
[[Page H72]]
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Norton
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--19
Baca
Baker
Berkley
Culberson
Faleomavaega
Forbes
Fortuno
Fossella
Honda
Hunter
Jefferson
Lantos
Lewis (CA)
Meeks (NY)
Miller, Gary
Paul
Reichert
Shimkus
Tanner
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised there are
2 minutes remaining in this vote.
{time} 1508
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 4 Offered by Mr. Wilson of South Carolina
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from South
Carolina (Mr. Wilson) on which further proceedings were postponed and
on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 188,
noes 229, not voting 18, as follows:
[Roll No. 8]
AYES--188
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jordan
Keller
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shuster
Simpson
Smith (NE)
Smith (TX)
Smith (WA)
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOES--229
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baird
Baldwin
Barrow
Bean
Becerra
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NOT VOTING--18
Baca
Baker
Berkley
Culberson
Faleomavaega
Forbes
Fortuno
Fossella
Honda
Hunter
Jefferson
Lantos
Meeks (NY)
Miller, Gary
Paul
Shimkus
Souder
Tanner
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised there are
2 minutes remaining in this vote.
{time} 1516
Mr. MORAN of Virginia and Mr. GILCHREST changed their vote from
``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. SOUDER. Mr. Chairman, on rollcall No. 8, had I been present, I
would have voted ``aye.''
The Acting CHAIRMAN. The question is on the committee amendment in
the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Capuano) having assumed the chair, Mr. Pastor, Acting Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2768) to
establish improved mandatory standards to protect minders during
emergencies, and
[[Page H73]]
for other purposes, pursuant to House Resolution 918, he reported the
bill back to the House with an amendment adopted in the Committee of
the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole? If not, the question is on
the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Souder
Mr. SOUDER. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. SOUDER. I am.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Souder moves to recommit the bill, H.R. 2768, to the
Committee on Education and Labor with instructions to report
the bill back to the House promptly with the following
amendment:
Page 22, after line 22, insert the following:
(n) Substance Abuse Testing.--Title II is further amended
by adding at the end the following new section:
``SEC. 208. SUBSTANCE ABUSE TESTING.
``(a) Testing Program.--Not later than 180 days after the
date of enactment of the S-MINER Act, the Secretary shall
promulgate regulations pursuant to section 101(a) to require
the operator of each mine to institute a program to conduct
mandatory, random substance abuse testing of mine employees.
Such regulations shall be no less restrictive than
regulations issued by other Federal and State agencies which
impose mandatory substance abuse testing and shall provide
for--
``(1) mandatory substance abuse testing procedures;
``(2) a process for the random selection of those employees
to be tested;
``(3) the protection of individuals' rights and privacy;
``(4) the establishment of an Employee Assistance Program;
and
``(5) for purposes of subsection (b), a process for mine
operators to notify the Administration of the names of
individuals who test positive for substance abuse.
``(b) Registry.--Not later than 180 days after the date of
enactment of the S-MINER Act, the Secretary shall promulgate
regulations creating a registry of those found to have tested
positive for substance abuse for the sole purpose of sharing,
on a confidential basis, with State authorities responsible
for issuance of licenses, certification, permits, or other
documents required to seek employment in the mining
industry.''.
Mr. SOUDER (during the reading). Mr. Speaker, I ask unanimous consent
to suspend with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
The SPEAKER pro tempore. The gentleman from Indiana is recognized for
5 minutes.
Mr. SOUDER. Mr. Speaker, in our discussion about how to achieve
safety in our Nation's mines, there's one issue that, until today, has
been conspicuously absent: drug testing. Our late colleague from
Georgia, Charlie Norwood, had the courage to introduce mine safety
legislation with a drug testing requirement, only to be criticized for
``blaming the victim.'' I would argue that drug testing prevents
victims.
Now, claims have been made that the Federal Government is not moving
fast enough to implement safety changes, that the States are more
nimble. In this instance, the other side may have a point. On the issue
of drug testing, I believe the Federal Government ought to be following
the States' lead.
The Commonwealth of Virginia initiated a drug testing requirement in
April 2006. Since then, there have been no mining fatalities in
Virginia last year, and just in southwest Virginia they had 278 the
previous year, more than they've had homicides, not in coal mining but
in drug overdoses.
The State of Kentucky passed a drug testing law last year, and coal
mining deaths in that State are now at an all-time low. Some 433 miners
were suspended for positive drug test results. It's just been possible
that a disaster has been averted because of the new drug testing law.
Yet inexplicably, the same Democrats who champion this misguided
legislation because they want to move more quickly on some reforms are
proposing that we stall action on drug testing until we can do a study.
We don't need a study. The evidence is right here, a front page article
in The Washington Post detailing what has happened in Virginia and the
problems in mining. The devastating impact of drug abuse was brought
into sharp focus in that story.
Some may also claim in the response here that this would kill the
bill. This obviously would not kill the bill. It would go back to
committee. The committee would then pass an amendment, and it could be
back on the floor later this week. It's not like we're busy. We're
adjourning again in mid-afternoon. This could easily go back to
committee and come back later this week.
Drug and alcohol testing is a commonsense safety measure that
protects both abusers of these substances and those around them. It has
the noted benefits of reducing accidents, cutting sick leave, improving
attendance, and increasing productivity.
The testing program in this motion to recommit is based on the
Omnibus Transportation Employee Testing Act of 1991, which I helped
draft when I was a staffer in the Senate, which requires drug and
alcohol testing of safety-sensitive transportation employees in
aviation, trucking, railroads, mass transit, pipelines, and other
transportation industries.
Our Nation's laws do not allow the people driving the trucks filled
with coal away from the mine to abuse drugs or alcohol. Why would we
not ensure that the men driving heavy machinery in the mine are not
impaired?
If this body has spent valuable time investigating Major League
Baseball and its drug testing policy, and I serve on that committee and
I support Congressman Waxman's efforts to requiring testing of Major
League Baseball players, why wouldn't we do that in mining?
I helped draft the first legislation for drug testing in high school
athletes. It's been upheld by the courts, and we've passed that
numerous times in this House and the Senate. Why wouldn't we do it for
mine safety if we do it for high school athletes?
I worked on the Small Business Committee with then-Chairman Jim
Talent, where we passed the Drug Workplace Act and heard testimony over
and over from unions and management about how this can help people who
have drug abuse to get addiction treatment. And I voted for the
amendment that put more money in for addiction treatment, which is very
important, but you have to have drug testing. It's part of getting
people treated and to do prevention.
This will be a very clear vote. We have plenty of studies. We have
mountains of studies. We have evidence that when we do this in schools
it keeps people from falling victim to drug abuse and from having
accidents. When we do it in the workplace, when we do it in
transportation, drug testing works.
This is a clean vote. There aren't any excuses. We can bring this
back to the floor yet this week. We can pass this, and this will be as
clean a vote as you can get on this motion to recommit.
I urge you to support drug testing, to support safety, to get people
into treatment, to keep mine disasters from occurring, and I urge my
colleagues to vote with me ``yes'' on the motion to recommit to ensure
strong safety protections and mandatory drug testing.
Mr. Speaker, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I rise in opposition to
the motion to recommit.
The SPEAKER pro tempore. The gentleman from California is recognized
for 5 minutes.
Mr. GEORGE MILLER of California. Mr. Speaker, over this weekend we
were treated to a very sad and disturbing story in the Washington Post
about drug use in the mining community in Virginia and other States,
about miners who have been crushed by equipment in the mines, who have
been crushed in roof falls in the mine, who had been run over by other
equipment in the mine, whose bodies were wracked with pain, who got
addicted to painkillers, to OxyContin, to other drugs such as that,
prescription drugs, and then were struggling with their addiction.
There was also the story of a miner who got up every night at
midnight,
[[Page H74]]
fixed himself a quick meal, and drove 135 miles round trip before he
went to work so he could get his methadone treatment at the clinic and
get on his job, and do that with the knowledge of his employer,
struggling with his addiction, struggling to stay employed.
In this bill, we had the opportunity to address this situation. Rick
Boucher, our colleague, addressed it by authorizing with almost
unanimous support $10 million for treatment and to work with these
miners, that the Secretary can use.
We have suggested an amendment in the manager's amendment, which you
voted for, which says that the Secretary will spend 6 months to work
with the industry, to work with the miners, to work with the States.
Virginia has a program. Kentucky has a program. West Virginia does not.
Pennsylvania apparently does not. Indiana does not. Illinois does not.
The Secretary will work with them to see how they're doing it, the best
way to do it, and at the end of that 6 months, after those
consultations, after her study, to impose a drug program with drug
testing and treatment and rehabilitation.
How is that different than what is being offered here by my
colleagues on the other side? They impose drug testing, and then they
impose a blacklist for those who test positive. You want to talk about
baseball? You're being a hell of a lot harder on hardworking miners in
this country than you are on the baseball stars because they use drugs,
and they go to work every day and nobody says anything.
But a miner who's been crushed on the job, who's trying to provide
for their families, tests positive, we don't know if it's a false
positive. They don't make allowances for false positives. He gets on
the blacklist and he may never work again.
Rick Boucher had a better idea. Our committee had a better idea. Have
the Secretary work with the States and the companies and the mining
industries and the miners and the unions and say how can we best do
this because I'm going to do it. So what's the best way for us to do
this.
So many of you from both sides of the aisle during the consideration
of this bill have said to me one thing over and over again: Will you
work with the companies? Will you work with the companies? Now, along
comes drug testing, nobody says work with the companies. Nobody says
work with the unions. Nobody says work with the community health
facilities. They just say test them and list them.
What the hell kind of thing is that to do to hardworking people in
one of the most dangerous industries? We've had spouses come to this
committee and talk about the fear in their spouses at night when they
come home from work and before they leave, the fear that these miners
have of going into that workplace.
In that article, one of the miners said he takes drugs and he used to
drink because he's fighting, he hates the job. Some of them love the
job in that article. They said, This is my life, mining. Digging coal
is what I do best, but my legs have been crushed, my arm has been
crushed.
Let's give them testing. Let's give them treatment, and let's give
them some understanding of the kind of industry that they're in. We
benefit, we burn the coal, we run the economy, and these families live
in fear.
{time} 1530
This is a very good bill. This is a very good bill. We should not
suggest for a moment that because there is no link between the
tragedies of the mining accidents last year and the year before, that
drugs were involved at all. We have a nutty owner in Utah, but we're
not going to test him. We're not going to test that owner, who is
running around giving all these false reasons to these poor victims and
their families as to what happened.
So yes, you can talk about baseball. But at the end of the day, those
baseball players, just as they did last season and next season, they'll
be playing. And they'll get a warning, and they'll get treatment. And
they'll get a second warning, and they'll get treatment. These guys get
a test and a list. It's unfair. It's outrageous. And you should not
support it.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. SOUDER. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--ayes 197,
noes 217, not voting 16, as follows:
[Roll No. 9]
AYES--197
Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carney
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOES--217
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baird
Baldwin
Bean
Becerra
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
[[Page H75]]
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tancredo
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NOT VOTING--16
Baca
Baker
Berkley
Culberson
Forbes
Fossella
Honda
Hunter
Jefferson
Kingston
Lantos
Meeks (NY)
Miller, Gary
Paul
Shimkus
Tanner
{time} 1548
Mr. RANGEL and Mrs. LOWEY changed their vote from ``aye'' to ``no.''
Mr. TAYLOR changed his vote from ``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. McKEON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 214,
nays 199, not voting 17, as follows:
[Roll No. 10]
YEAS--214
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Bachus
Baird
Baldwin
Bean
Becerra
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Ortiz
Pallone
Pascrell
Pastor
Payne
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NAYS--199
Aderholt
Akin
Alexander
Bachmann
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Berry
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Cramer
Crenshaw
Cubin
Cuellar
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Royce
Ryan (WI)
Salazar
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--17
Baca
Baker
Berkley
Culberson
Forbes
Fossella
Honda
Hunter
Jefferson
Kingston
Lantos
Meeks (NY)
Miller, Gary
Olver
Paul
Shimkus
Tanner
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Ms. DeGette) (during the vote). Members are
advised that there are 2 minutes remaining in this vote.
{time} 1556
Mr. McCOTTER changed his vote from ``yea'' to ``nay.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. GRAVES. Madam Speaker, on rollcall vote 10, the S-MINER Act, I
voted ``yea'' when I intended to vote ``nay.'' I apologize for any
confusion and ask that the Record reflect my true intention.
____________________