[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[House]
[Pages H8131-H8144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ROBERT C. BYRD MINE SAFETY PROTECTION ACT OF 2010
Mr. GEORGE MILLER of California. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 6495) to improve compliance with mine
safety and health laws, empower miners to raise safety concerns,
prevent future mine tragedies, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6495
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 ``Robert C.
Byrd Mine Safety Protection Act of 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY
Sec. 101. Independent accident investigations.
Sec. 102. Subpoena authority and miner rights during inspections and
investigations.
Sec. 103. Designation of miner representative.
Sec. 104. Additional amendments relating to inspections and
investigations.
TITLE II--ENHANCED ENFORCEMENT AUTHORITY
Sec. 201. Technical amendment.
Sec. 202. A pattern of recurring noncompliance or accidents.
Sec. 203. Injunctive authority.
Sec. 204. Revocation of approval of plans.
Sec. 205. Challenging a decision to approve, modify, or revoke a coal
or other mine plan.
Sec. 206. GAO Study on MSHA Mine Plan Approval.
TITLE III--PENALTIES
Sec. 301. Civil penalties.
Sec. 302. Civil and criminal liability of officers, directors, and
agents.
Sec. 303. Criminal penalties.
Sec. 304. Commission review of penalty assessments.
Sec. 305. Delinquent payments and prejudgment interest.
TITLE IV--WORKER RIGHTS AND PROTECTIONS
Sec. 401. Protection from retaliation.
Sec. 402. Protection from loss of pay.
Sec. 403. Underground coal miner employment standard for mines placed
in pattern status.
TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS
Sec. 501. Pre-shift review of mine conditions.
Sec. 502. Rock dust standards.
Sec. 503. Atmospheric monitoring systems.
Sec. 504. Technology related to respirable dust.
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Sec. 505. Refresher training on miner rights and responsibilities.
Sec. 506. Authority to mandate additional training.
Sec. 507. Certification of personnel.
TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS
Sec. 601. Definitions.
Sec. 602. Assistance to States.
Sec. 603. Black lung medical reports.
Sec. 604. Rules of application to certain mines.
Sec. 605. Paygo compliance.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this
Act an amendment is expressed as an amendment to 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.).
TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY
SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS.
(a) In General.--Section 103(b) (30 U.S.C. 813(b)) is
amended by striking ``(b) For the purpose'' and inserting the
following:
``(b) Accident Investigations.--
``(1) In general.--For all accident investigations under
this Act, the Secretary shall--
``(A) determine why the accident occurred;
``(B) determine whether there were violations of law,
mandatory health and safety standards, or other requirements,
and if there is evidence of conduct that may constitute a
violation of Federal criminal law, the Secretary may refer
such evidence to the Attorney General; and
``(C) make recommendations to avoid any recurrence.
``(2) Independent accident investigations.--
``(A) In general.--There shall be, in addition to an
accident investigation under paragraph (1), an independent
investigation by an independent investigation panel (referred
to in this subsection as the `Panel') appointed under
subparagraph (B) for--
``(i) any accident involving 3 or more deaths; or
``(ii) any accident that is of such severity or scale for
potential or actual harm that, in the opinion of the
Secretary of Health and Human Services, the accident merits
an independent investigation.
``(B) Appointment.--
``(i) In general.--As soon as practicable after an accident
described in subparagraph (A), the Secretary of Health and
Human Services shall appoint 5 members for the Panel required
under this paragraph from among individuals who have
expertise in accident investigations, mine engineering, or
mine safety and health that is relevant to the particular
investigation.
``(ii) Chairperson.--The Panel shall include, and be
chaired by, a representative from the Office of Mine Safety
and Health Research, of the National Institute for
Occupational Safety and Health (referred to in this
subsection as NIOSH).
``(iii) Conflicts of interest.--Panel members, and staff
and consultants assisting the Panel with an investigation,
shall be free from conflicts of interest with regard to the
investigation, and be subject to the same standards of
ethical conduct for persons employed by the Secretary.
``(iv) Composition.--The Secretary of Health and Human
Services shall appoint as members of the Panel--
``(I) 1 operator of a mine or individual representing mine
operators, and
``(II) 1 representative of a labor organization that
represents miners,
and may not appoint more than 1 of either such individuals as
members of the Panel.
``(v) Staff and expenses.--The Director of NIOSH shall
designate NIOSH staff to facilitate the work of the Panel.
The Director may accept as staff personnel on detail from
other Federal agencies or re-employ annuitants. The detail of
personnel under this paragraph may be on a non-reimbursable
basis, and such detail shall be without interruption or loss
of civil service status or privilege. The Director of NIOSH
shall have the authority to procure on behalf of the Panel
such materials, supplies or services, including technical
experts, as requested in writing by a majority of the Panel.
``(vi) Compensation and travel.--All members of the Panel
who are officers or employees of the United States shall
serve without compensation in addition to that received for
their services as officers or employees of the United States.
Each Panel member who is not an officer or employee of the
United States shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel
time) during which such member is engaged in the performance
of duties of the Panel. The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter 1 of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Panel.
``(C) Duties.--The Panel shall--
``(i) assess and identify any factors that caused the
accident, including deficiencies in safety management
systems, regulations, enforcement, industry practices or
guidelines, or organizational failures;
``(ii) identify and evaluate any contributing actions or
inactions of--
``(I) the operator;
``(II) any contractors or other persons engaged in mining-
related functions at the site;
``(III) any State agency with oversight responsibilities;
``(IV) any agency or office within the Department of Labor;
or
``(V) any other person or entity (including equipment
manufacturers);
``(iii) review the determinations and recommendations by
the Secretary under paragraph (1);
``(iv) prepare a report that--
``(I) includes the findings regarding the causal factors
described in clauses (i) and (ii);
``(II) identifies any strengths and weaknesses in the
Secretary's investigation; and
``(III) includes recommendations, including interim
recommendations where appropriate, to industry, labor
organizations, State and Federal agencies, or Congress,
regarding policy, regulatory, enforcement, administrative, or
other changes, which in the judgment of the Panel, would
prevent a recurrence at other mines; and
``(v) publish such findings and recommendations (excluding
any portions which the Attorney General requests that the
Secretary withhold in relation to a criminal referral) and
hold public meetings to inform the mining community and
families of affected miners of the Panel's findings and
recommendations.
``(D) Hearings; applicability of certain federal law.--The
Panel shall have the authority to conduct public hearings or
meetings, but shall not be subject to the Federal Advisory
Committee Act. All public hearings of the Panel shall be
subject to the requirements under section 552b of title 5,
United States Code.
``(E) Memorandum of understanding.--Not later than 90 days
after the date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2010, the Secretary of Labor and the
Secretary of Health and Human Services shall conclude and
publically issue a memorandum of understanding that--
``(i) outlines administrative arrangements which will
facilitate a coordination of efforts between the Secretary of
Labor and the Panel, ensures that the Secretary's
investigation under paragraph (1) is not delayed or otherwise
compromised by the activities of the Panel, and establishes a
process to resolve any conflicts between such investigations;
``(ii) ensures that Panel members or staff will be able to
participate in investigation activities (such as mine
inspections and interviews) related to the Secretary of
Labor's investigation and will have full access to documents
that are assembled or produced in such investigation, and
ensures that the Secretary of Labor will make all of the
authority available to such Secretary under this section,
including subpoena authority, to obtain information and
witnesses which may be requested by such Panel; and
``(iii) establishes such other arrangements as are
necessary to implement this paragraph.
``(F) Procedures.--Not later than 90 days after the date of
enactment of the Robert C. Byrd Mine Safety Protection Act of
2010, the Secretary of Health and Human Services shall
establish procedures to ensure the consistency and
effectiveness of Panel investigations. In establishing such
procedures, such Secretary shall consult with independent
safety investigation agencies, sectors of the mining
industry, representatives of miners, families of miners
involved in fatal accidents, State mine safety agencies, and
mine rescue organizations. Such procedures shall include--
``(i) authority for the Panel to use evidence, samples,
interviews, data, analyses, findings, or other information
gathered by the Secretary of Labor, as the Panel determines
valid;
``(ii) provisions to ensure confidentiality if requested by
any witness, to the extent permitted by law, and prevent
conflicts of interest in witness representation; and
``(iii) provisions for preservation of public access to the
Panel's records through the Secretary of Health and Human
Services.
``(G) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection such sums as
may be necessary.
``(3) Powers and processes.--For the purpose''.
(b) Reporting Requirements.--Section 511(a) (30 U.S.C.
958(a)) is amended by inserting after ``501,'' the following:
``the status of implementation of recommendations from each
independent investigation panel under section 103(b) received
in the preceding 5 years''.
SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DURING
INSPECTIONS AND INVESTIGATIONS.
Section 103(b) (as amended by section 101) (30 U.S.C.
813(b)) is further amended by adding at the end the
following:
``(4) Additional powers.--For purposes of making
inspections and investigations, the Secretary or the
Secretary's designee, may sign and issue subpoenas for the
attendance and testimony of witnesses and the production of
information, including all relevant data, papers, books,
documents, and items of physical evidence, and administer
oaths. Witnesses summoned shall be paid the same
[[Page H8133]]
fees that are paid witnesses in the courts of the United
States. In carrying out inspections and investigations under
this subsection, authorized representatives of the Secretary
and attorneys representing the Secretary are authorized to
question any individual privately. Under this section, any
individual who is willing to speak with or provide a
statement to such authorized representatives or attorneys
representing the Secretary may do so without the presence,
involvement, or knowledge of the operator or the operator's
agents or attorneys. The Secretary shall keep the identity of
an individual providing such a statement confidential to the
extent permitted by law. Nothing in this paragraph prevents
any individual from being represented by that individual's
personal attorney.''.
SEC. 103. DESIGNATION OF MINER REPRESENTATIVE.
Section 103(f) (30 U.S.C. 813(f)) is amended by inserting
before the last sentence the following: ``If any miner is
entrapped or otherwise prevented as the result of an accident
in such mine from designating such a representative directly,
such miner's closest relative may act on behalf of such miner
in designating such a representative. If any miner is not
currently working in such mine as the result of an accident
in such mine, but would be currently working in such mine but
for such accident, such miner may designate such a
representative. A representative of miners shall have the
right to participate in any accident investigation the
Secretary initiates pursuant to subsection (b), including the
right to participate in investigative interviews and to
review all relevant papers, books, documents and records
produced in connection with the accident investigation,
unless the Secretary in consultation with the Attorney
General excludes such representatives from the investigation
on the grounds that inclusion would interfere with or
adversely impact a criminal investigation that is pending or
under consideration.''.
SEC. 104. ADDITIONAL AMENDMENTS RELATING TO INSPECTIONS AND
INVESTIGATIONS.
(a) Hours of Inspections.--Section 103(a) (30 U.S.C.
813(a)) is amended by inserting after the third sentence the
following: ``Such inspections shall be conducted during the
various shifts and days of the week during which miners are
normally present in the mine to ensure that the protections
of this Act are afforded to all miners working all shifts.''.
(b) Review of Mine Pattern Status.--Section 103(a) is
further amended by inserting before the last sentence the
following: ``The Secretary shall, upon request by an
operator, review with the appropriate mine officials the
Secretary's most recent evaluation for pattern status (as
provided in section 104(e)) for that mine during the course
of a mine's regular quarterly inspection of an underground
mine or a biannual inspection of a surface mine, or, at the
discretion of the Secretary, during the pre-inspection
conference.''.
(c) Injury and Illness Reporting.--Section 103(d) (30
U.S.C. 813(d)) is amended by striking the last sentence and
inserting the following: ``The records to be kept and made
available by the operator of the mine shall include man-hours
worked and occupational injuries and illnesses with respect
to the miners in their employ or under their direction or
authority, and shall be maintained separately for each mine
and be reported at a frequency determined by the Secretary,
but at least annually. Independent contractors (within the
meaning of section 3(d)) shall be responsible for reporting
accidents, occupational injuries and illnesses, and man-hours
worked for each mine with respect to the miners in their
employ or under their direction or authority, and shall be
reported at a frequency determined by the Secretary, but at
least annually. Reports or records of operators and
contractors required and submitted to the Secretary under
this subsection shall be signed and certified as accurate and
complete by a knowledgeable and responsible person possessing
a certification, registration, qualification, or other
approval, as provided for under section 118. Knowingly
falsifying such records or reports shall be grounds for
revoking such certification, registration, qualification, or
other approval under the standards established under
subsection (b)(1) of such section.''.
(d) Orders Following an Accident.--Section 103(k) (30
U.S.C. 813(k)) is amended by striking ``, when present,''.
(e) Conflict of Interest in the Representation of Miners.--
Section 103(a) (30 U.S.C. 813(a)) is amended by adding at the
end the following: ``During inspections and investigations
under this section, and during any litigation under this Act,
no attorney shall represent or purport to represent both the
operator of a coal or other mine and any other individual,
unless such individual has knowingly and voluntarily waived
all actual and reasonably foreseeable conflicts of interest
resulting from such representation. The Secretary is
authorized to take such actions as the Secretary considers
appropriate to ascertain whether such individual has
knowingly and voluntarily waived all such conflicts of
interest. If the Secretary finds that such an individual
cannot be represented adequately by such an attorney due to
such conflicts of interest, the Secretary may petition the
appropriate United States District Court which shall have
jurisdiction to disqualify such attorney as counsel to such
individual in the matter. The Secretary may make such a
motion as part of an ongoing related civil action or as a
miscellaneous action.''.
TITLE II--ENHANCED ENFORCEMENT AUTHORITY
SEC. 201. TECHNICAL AMENDMENT.
Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amended--
(1) in the first sentence--
(A) by striking ``any mandatory health or safety standard''
and inserting ``any provision of this Act, including any
mandatory health or safety standard or regulation promulgated
under this Act''; and
(B) by striking ``such mandatory health or safety
standards'' and inserting ``such provisions, regulations, or
mandatory health or safety standards''; and
(2) in the second sentence, by striking ``any mandatory
health or safety standard'' and inserting ``any provision of
this Act, including any mandatory health or safety standard
or regulation promulgated under this Act,''.
SEC. 202. A PATTERN OF RECURRING NONCOMPLIANCE OR ACCIDENTS.
Section 104(e) (30 U.S.C. 814(e)) is amended to read as
follows:
``(e) Pattern of Recurring Noncompliance or Accidents.--
``(1) Pattern status.--
``(A) In general.--For purposes of this subsection, a coal
or other mine shall be placed in pattern status if such mine
has, as determined based on the regulations promulgated under
paragraph (8)--
``(i) a pattern of--
``(I) citations for significant and substantial violations;
``(II) citations and withdrawal orders issued for
unwarrantable failure to comply with mandatory health and
safety standards under section 104(d);
``(III) citations for flagrant violations within the
meaning of section 110(b);
``(IV) withdrawal orders issued under any other section of
this Act (other than orders issued under subsections (j) or
(k) of section 103); and
``(V) accidents and injuries; or
``(ii) a pattern consisting of any combination of
citations, orders, accidents, or injuries described in
subclauses (I) through (V).
``(B) Mitigating circumstances.--Notwithstanding
subparagraph (A), if the Secretary, after conducting an
assessment of a coal or other mine that otherwise qualifies
for pattern status, certifies that there are mitigating
circumstances wherein the operator has already implemented
remedial measures that have reduced risks to the health and
safety of miners to the point that such risks are no longer
elevated and has taken sufficient measures to ensure such
elevated risk will not recur, the Secretary may deem such
mine to not be in pattern status under this subsection. The
Secretary shall issue any such certification of such
mitigating circumstances that would preclude the placement of
a mine in pattern status as a written finding, which shall,
not later than 10 days after the certification is made, be--
``(i) made available on the public Web site of the Mine
Safety and Health Administration; and
``(ii) transmitted to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
``(C) Frequency.--Not less frequently than every 6 months,
the Secretary shall identify any mines which meet the
criteria set forth in paragraph (8).
``(2) Actions following placement of mine in pattern
status.--For any coal or other mine that is in pattern
status, the Secretary shall--
``(A) notify the operator of such mine that the mine is
being placed in pattern status;
``(B) issue an order requiring such operator to cause all
persons to be withdrawn from such mine, except those persons
referred to in subsection (c) or authorized by an order of
the Secretary issued under this subsection;
``(C) issue a remediation order described in paragraph (3)
to such operator within 3 days; and
``(D) require that the number of regular inspections of
such mine required under section 103 be increased to 8 per
year while the mine is in pattern status.
Notice advising operators that they face potential placement
in pattern status shall not be a requirement for issuing a
withdrawal order to operators under this subsection.
``(3) Remediation order.--
``(A) In general.--A remediation order issued to an
operator under paragraph (2)(C) may require the operator to
carry out one or more of the following requirements, pursuant
to a timetable for commencing and completing such actions or
as a condition of miners reentering the mine:
``(i) Provide specified training, including training not
otherwise required under this Act.
``(ii) Institute and implement an effective health and
safety management program approved by the Secretary,
including--
``(I) the employment of safety professionals, certified
persons, and adequate numbers of personnel for the mine, as
may be required by the Secretary;
``(II) specific inspection, recordkeeping, reporting and
other requirements for the mine as the Secretary may
establish; and
``(III) other requirements to ensure compliance and to
protect the health and safety of miners or prevent accidents
or injuries as the Secretary may determine are necessary.
``(iii) Facilitate any effort by the Secretary to
communicate directly with miners
[[Page H8134]]
employed at the mine outside the presence of the mine
operators or its agents, for the purpose of obtaining
information about mine conditions, health and safety
practices, or advising miners of their rights under this Act.
``(B) Modification of and failure to comply with
remediation order.--The Secretary may modify the remediation
order, as necessary, to protect the health and safety of
miners. If the mine operator fails to fully comply with the
remediation order during the time a mine is in pattern
status, the Secretary shall reinstate the withdrawal order
under paragraph (2)(B).
``(C) Extension of deadlines.--An extension of a deadline
under the remediation order may be granted on a temporary
basis and only upon a showing that the operator took all
feasible measures to comply with the order and only to the
extent that the operator's failure to comply is beyond the
control of the operator.
``(4) Conditions for lifting a withdrawal order.--A
withdrawal order issued under paragraph (2)(B) shall not be
lifted until the Secretary verifies that--
``(A) any and all violations or other conditions in the
mine identified in the remediation order have been or are
being fully abated or corrected as outlined in the
remediation order; and
``(B) the operator has completed any other actions under
the remediation order that are required for reopening the
mine.
``(5) Performance evaluation.--
``(A) Performance benchmarks.--The Secretary shall evaluate
the performance of each mine in pattern status every 90 days
during which the mine is producing and determine if, for such
90-day period--
``(i) the rate of citations at such mine for significant
and substantial violations--
``(I) is in the top performing 35th percentile of such
rates, respectively, for all mines of similar size and type;
or
``(II) has been reduced by 70 percent from the date on
which such mine was placed in pattern status, provided that
the rate of such violations is not greater than the mean for
all mines of similar size and type;
``(ii) the accident and injury rates at such mine are in
the top performing 35th percentile of such rates,
respectively, for all mines of similar size and type; and
``(iii) no citations or withdrawal orders for a violation
under section 104(d), no withdrawal orders for imminent
danger under section 107 (issued in connection with a
citation), and no flagrant violations within the meaning of
section 110(b), were issued for such mine.
``(B) Reissuance of withdrawal orders.--If an operator
being evaluated fails to achieve the performance benchmarks
described in subparagraph (A), the Secretary may reissue a
withdrawal order under paragraph (2)(B) to remedy any
recurring conditions that led to pattern status under this
subsection, and may modify the remediation order, as
necessary, to protect the health and safety of miners.
``(6) Termination of pattern status.--
``(A) Performance benchmarks.--The Secretary shall remove a
coal or other mine from pattern status if, for a 1-year
period during which the mine is producing--
``(i) the rate of citations at such mine for significant
and substantial violations--
``(I) is in the top performing 25th percentile of such
rates, respectively, for all mines of similar size and type;
or
``(II) has been reduced by 80 percent from the date on
which such mine was placed in pattern status, provided that
the rate of such violations is not greater than the mean for
all mines of similar size and type;
``(ii) the accident and injury rates at such mine are in
the top performing 25th percentile of such rates,
respectively, for all mines of similar size and type; and
``(iii) no citations or withdrawal orders for violations
under section 104(d), no withdrawal orders for imminent
danger under section 107 (issued in connection with a
citation), and no flagrant violations within the meaning of
section 110(b), were issued for such mine.
``(B) Continuation of pattern status.--Should the mine
operator fail to meet the performance benchmarks described in
subparagraph (A), the Secretary shall extend the mine's
placement in pattern status until such benchmarks are
achieved.
``(C) Construction.--A withdrawal order issued as the
result of a condition that was entirely beyond the operator's
ability to prevent or control shall not preclude the operator
from being removed from pattern status, provided the operator
did not cause or allow miners to be exposed to the condition
in violation of any provision of this Act or a mandatory
health or safety standard or regulation promulgated under
this Act.
``(7) Expedited review.--If any order under this subsection
is contested, the review of such order shall be conducted on
an expedited basis, in accordance with section 105(d).
``(8) Regulations.--
``(A) In general.--Not later than 120 days after the date
of enactment of the Robert C. Byrd Mine Safety Protection Act
of 2010, the Secretary shall issue interim final regulations
that shall define--
``(i) the threshold benchmarks to trigger pattern status
under paragraph (1) and cause a withdrawal order to be issued
or reissued; and
``(ii) the performance benchmarks described in paragraphs
(5)(A) and (6)(A).
``(B) Threshold benchmarks.--In establishing threshold
benchmarks to trigger pattern status for mines with
significantly poor compliance that contributes to unsafe or
unhealthy conditions, the Secretary--
``(i) shall--
``(I) consider rates of citations and orders described in
paragraph (1)(A) and rates of reportable accidents and
injuries within the preceding 180-day period; and
``(II) assign appropriate weight to various types of
citations, orders, accidents, injuries, or other factors; and
``(ii) may include--
``(I) factors such as mine type, production levels, number
of miners, hours worked by miners, number of mechanized
mining units (or similar production characteristics), and the
presence of a representative of miners at the mine for
purposes of collective bargaining;
``(II) the mine's history of citations, violations, orders,
and other enforcement actions, or rates of reportable
accidents and injuries, over any period determined relevant
by the Secretary; and
``(III) other factors the Secretary may determine
appropriate to protect the safety and health of miners.
``(C) Final regulation.--Not later than 2 years after the
date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2010, the Secretary shall promulgate a
final regulation implementing this paragraph.
``(9) Public database and information.--The Secretary shall
establish and maintain a publically available electronic
database containing the data used to determine pattern status
for all coal or other mines which shall be updated as
frequently as practicable. Such database shall be searchable
and have the capacity to provide comparative data about the
health and safety at mines of similar sizes and types. The
Secretary shall also make publicly available--
``(A) a list of all mines the Secretary places in pattern
status, updated within 7 days of placing an additional mine
in pattern status;
``(B) the metrics, including percentile information, used
for the purposes of the performance benchmarks and threshold
benchmarks described in paragraphs (5), (6), and (8); and
``(C) guidance for the use of such metrics and benchmarks
to assist operators in determining the performance their
mines under criteria established by the Secretary.
``(10) Operator fees for additional inspections.--
``(A) Assessment and collection.--Beginning 120 days after
the date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2010, the Secretary shall assess and
collect fees, in accordance with this paragraph, from each
coal or other mine in pattern status for the costs of
additional inspections under this subsection. The Secretary
shall issue, by rule, a schedule of fees to be assessed
against coal or other mines of varying types and sizes, and
shall collect and assess amounts under this paragraph based
on the schedule.
``(B) Use.--Amounts collected as provided in subparagraph
(A) shall only be available to the Secretary for making
expenditures to carry out the additional inspections required
under paragraph (2)(D).
``(C) Authorization of appropriations.--In addition to any
other amounts authorized to be appropriated under this Act,
there is authorized to be appropriated to the Assistant
Secretary for Mine Safety and Health for each fiscal year in
which fees are collected under subparagraph (A) an amount
equal to the total amount of fees collected under such
subparagraph during that fiscal year. Such amounts are
authorized to remain available until expended. If on the
first day of a fiscal year a regular appropriation to the
Commission has not been enacted, the Commission shall
continue to collect fees (as offsetting collections) under
this subsection at the rate in effect during the preceding
fiscal year, until 5 days after the date such regular
appropriation is enacted.
``(D) Collection and crediting of fees.--Fees authorized
and collected under this paragraph shall be deposited and
credited as offsetting collections to the account providing
appropriations to the Mine Safety and Health Administration
and shall not be collected for any fiscal year except to the
extent and in the amount provided in advance in appropriation
Acts.''.
SEC. 203. INJUNCTIVE AUTHORITY.
Section 108(a)(2) (30 U.S.C. 818(a)(2)) is amended by
striking ``a pattern of violation of'' and all that follows
and inserting ``a course of conduct that in the judgment of
the Secretary constitutes a continuing hazard to the health
or safety of miners, including violations of this Act or of
mandatory health and safety standards or regulations under
this Act.''.
SEC. 204. REVOCATION OF APPROVAL OF PLANS.
Section 105 (30 U.S.C. 815) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Revocation of Approval of Plans.--
``(1) Revocation.--If the Secretary finds that any program
or plan of an operator, or part thereof, that was approved by
the Secretary under this Act is based on inaccurate
information or that circumstances that existed when such plan
was approved have materially changed and that continued
operation of such mine under such plan constitutes a hazard
to the safety or health of miners, the Secretary shall revoke
the approval of such program or plan.
[[Page H8135]]
``(2) Withdrawal orders.--Upon revocation of the approval
of a program or plan under subsection (a), the Secretary may
immediately issue an order requiring the operator to cause
all persons, except those persons referred to in section
104(c), to be withdrawn from such mine or an area of such
mine, and to be prohibited from entering such mine or such
area, until the operator has submitted and the Secretary has
approved a new plan.''.
SEC. 205. CHALLENGING A DECISION TO APPROVE, MODIFY, OR
REVOKE A COAL OR OTHER MINE PLAN.
Section 105(e) (as redesignated by section 204(1)) (30
U.S.C. 815(e)) is amended by adding at the end the following:
``In any proceeding in which a party challenges the
Secretary's decision whether to approve, modify, or revoke a
coal or other mine plan under this Act, the Commission shall
affirm the Secretary's decision unless the challenging party
establishes that such decision was arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance with
law.''.
SEC. 206. GAO STUDY ON MSHA MINE PLAN APPROVAL.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General shall provide a report to
Congress on the timeliness of the Mine Safety and Health
Administration's approval of underground coal mines' required
plans and plan amendments, including--
(1) factors that contribute to any delays in the approval
of these plans; and
(2) as appropriate, recommendations for improving
timeliness of plan review and for achieving prompt decisions.
TITLE III--PENALTIES
SEC. 301. CIVIL PENALTIES.
(a) Technical Correction.--Section 110(a)(1) (30 U.S.C.
820(a)(1)) is amended by inserting ``including any regulation
promulgated under this Act,'' after ``this Act,''.
(b) Increased Civil Penalties During Pattern Status.--
Section 110(b) (30 U.S.C. 820(b)) is amended by adding at the
end the following:
``(3) Notwithstanding any other provision of this Act, an
operator of a coal or other mine that is in pattern status
under section 104(e) and that fails to meet the performance
benchmarks set forth by the Secretary under section
104(e)(5)(A) during any performance review of the mine
following the first performance review shall be assessed an
increased civil penalty for any violation of this Act,
including any mandatory health or safety standard or
regulation promulgated under this Act. Such increased penalty
shall be twice the amount that would otherwise be assessed
for the violation under this Act, including the regulations
promulgated under this Act, subject to the maximum civil
penalty established for the violation under this Act. This
paragraph shall apply to violations at such mine that occur
during the time period after the operator fails to meet the
performance benchmarks in this paragraph, and ending when the
Secretary determines at a subsequent performance review that
the mine meets the performance benchmarks under section
104(e)(5)(A).''.
(c) Civil Penalty for Retaliation.--Section 110(a) (30
U.S.C. 820(a)) is further amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) If any person violates section 105(c), the Secretary
shall propose, and the Commission shall assess, a civil
penalty of not less than $10,000 or more than $100,000 for
the first occurrence of such violation, and not less than
$20,000 or more than $200,000 for any subsequent violation,
during any 3-year period.''.
SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS,
DIRECTORS, AND AGENTS.
Section 110(c) (30 U.S.C. 820(c)) is amended to read as
follows:
``(c) Civil and Criminal Liability of Officers, Directors,
and Agents.--
``(1) Civil penalties.--Whenever an operator engages in
conduct for which the operator is subject to civil penalties
under this section, any director, officer, or agent of such
operator who knowingly authorizes, orders, or carries out
such conduct, or who knowingly authorizes, orders, or carries
out any policy or practice that results in such conduct and
having reason to believe it would so result, shall be subject
to the same civil penalties under this section as if it were
an operator engaging in such conduct.
``(2) Criminal penalties.--Whenever an operator engages in
conduct for which the operator is subject to criminal
penalties under subsection (d), any director, officer, or
agent of such operator who knowingly authorizes, orders, or
carries out such conduct, or who knowingly authorizes,
orders, or carries out a policy or practice that results in
such conduct, and knowing that it will so result, shall be
subject to the same penalties under paragraphs (1) or (2) of
subsection (d) as if such person were an operator engaging in
such conduct.''.
SEC. 303. CRIMINAL PENALTIES.
(a) In General.--Section 110(d) (30 U.S.C. 820(d)) is
amended to read as follows:
``(d) Criminal Penalties.--
``(1) In General.--Whoever, being an operator, knowingly--
``(A) violates a mandatory health or safety standard, or
``(B) violates or fails or refuses to comply with any order
issued under section 104 or section 107, or any order
incorporated in a final decision issued under this Act
(except an order incorporated in a decision under subsection
(a)(1) or section 105(c)),
shall, upon conviction, be fined not more than $250,000, or
imprisoned for not more than 1 year, or both, except that if
the operator commits the violation after having been
previously convicted of a violation under this paragraph and,
if the operator knows or should know that such subsequent
violation has the potential to expose a minor to risk of
serious injury, serious illness, or death, the operator
shall, upon conviction, be fined not more than $1,000,000, or
imprisoned for not more than 5 years, or both.
``(2) Significant Risk of Serious Injury, Serious Illness,
or Death.--Whoever, being an operator, knowingly--
``(A) tampers with or disables a required safety device
(except with express authorization from the Secretary),
``(B) violates a mandatory health or safety standard, or
``(C) violates or fails or refuses to comply with an order
issued under section 104 or 107, or any order incorporated in
a final decision issued under this Act (except an order
incorporated in a decision under subsection (a)(1) or section
105(c)),
and thereby recklessly exposes a miner to significant risk of
serious injury, serious illness, or death, shall, upon
conviction, be fined not more than $1,000,000, or imprisoned
for not more than 5 years, or both, except that if the
operator commits the violation after having been previously
convicted of a violation under this paragraph, the operator
shall, upon conviction, be fined not more than $2,000,000, or
imprisoned for not more than 10 years, or both.
``(3) Whoever knowingly--
``(A) with the intent to retaliate, interferes with the
lawful employment or livelihood of a person, or the spouse,
sibling, child, or parent of a person, because any of them
provides information to an authorized representative of the
Secretary, a State or local mine safety or health officer or
official, or other law enforcement officer, in reasonable
belief that the information is true and related to an
apparent health or safety violation, or unhealthful or unsafe
condition, policy, or practice under this Act, or
``(B) interferes, or threatens to interfere, with the
lawful employment or livelihood of a person, or the spouse,
sibling, child, or parent of a person, with the intent to
prevent any of them from so providing such information,
shall be fined under title 18 or imprisoned for not more than
5 years, or both.''.
(b) Advance Notice of Inspections.--
(1) In general.--Section 110(e) (30 U.S.C. 820(e)) is
amended to read as follows:
``(e) Whoever knowingly, with intent to give advance notice
of an inspection conducted or to be conducted under this Act,
and thereby to impede, interfere with, or frustrate such
inspection, engages in, or directs another person to engage
in, conduct that a reasonable person would expect to result
in such advance notice, shall be fined under title 18, United
States Code, or imprisoned for not more than 5 years, or
both, except that a miner (other than a director, officer or
agent of the operator involved) who commits the offense at
the direction of a superior shall be fined under title 18, or
imprisoned not more than 1 year, or both.''.
(2) Posting of advance notice penalties.--Section 109 (30
U.S.C. 819) is amended by adding at the end the following:
``(e) Posting of Advance Notice Penalties.--Each operator
of a coal or other mine shall post, on the bulletin board
described in subsection (a) and in a conspicuous place near
each staffed entrance onto the mine property, a notice
stating, in a form and manner to be prescribed by the
Secretary--
``(1) that it is unlawful pursuant to section 110(e) for
any person, with the intent to impede, interfere with, or
frustrate an inspection conducted or to be conducted under
this Act, to engage in, or direct another person to engage
in, any conduct that a reasonable person would expect to
result in advance notice of such inspection; and
``(2) the maximum penalties for a violation under such
subsection.''.
SEC. 304. COMMISSION REVIEW OF PENALTY ASSESSMENTS.
Section 110(i) (30 U.S.C. 820(i)) is amended by striking
``In assessing civil monetary penalties, the Commission shall
consider'' and inserting the following: ``In any review of a
citation and proposed penalty assessment contested by an
operator, the Commission shall assess not less than the
penalty derived by using the same methodology (including any
point system) prescribed in regulations under this Act, so as
to ensure consistency in operator penalty assessments, except
that the Commission may assess a penalty for less than the
amount that would result from the utilization of such
methodology if the Commission finds that there are
extraordinary circumstances. If there is no such methodology
prescribed for a citation or there are such extraordinary
circumstances, the Commission shall assess the penalty by
considering''.
SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT INTEREST.
(a) Pre-Final Order Interest.--Section 110(j) (30 U.S.C.
820(j)) is amended by striking the second and third sentences
and inserting the following: ``Pre-final order interest on
such penalties shall begin to accrue on the date the operator
contests a citation issued
[[Page H8136]]
under this Act, including any mandatory health or safety
standard or regulation promulgated under this Act, and shall
end upon the issuance of the final order. Such pre-final
order interest shall be calculated at the current
underpayment rate determined by the Secretary of the Treasury
pursuant to section 6621 of the Internal Revenue Code of
1986, and shall be compounded daily. Post-final order
interest shall begin to accrue 30 days after the date a final
order of the Commission or the court is issued, and shall be
charged at the rate of 8 percent per annum.''.
(b) Ensuring Payment of Penalties.--
(1) Amendments.--Section 110 (30 U.S.C. 820) is further
amended--
(A) by redesignating subsection (l) as subsection (m); and
(B) by inserting after subsection (k) the following:
``(l) Ensuring Payment of Penalties.--
``(1) Delinquent payment letter.--If the operator of a coal
or other mine fails to pay any civil penalty assessment that
has become a final order of the Commission or a court within
45 days after such assessment became a final order, the
Secretary shall send the operator a letter advising the
operator of the consequences under this subsection of such
failure to pay. The letter shall also advise the operator of
the opportunity to enter into or modify a payment plan with
the Secretary based upon a demonstrated inability to pay, the
procedure for entering into such plan, and the consequences
of not entering into or not complying with such plan.
``(2) Withdrawal orders following failure to pay.--If an
operator that receives a letter under paragraph (1) has not
paid the assessment by the date that is 180 days after such
assessment became a final order and has not entered into a
payment plan with the Secretary, the Secretary shall issue an
order requiring such operator to cause all persons, except
those referred to in section 104(c), to be withdrawn from,
and to be prohibited from entering, the mine that is covered
by the final order described in paragraph (1), until the
operator pays such assessment in full (including interest and
administrative costs) or enters into a payment plan with the
Secretary. If such operator enters into a payment plan with
the Secretary and at any time fails to comply with the terms
specified in such payment plan, the Secretary shall issue an
order requiring such operator to cause all persons, except
those referred to in section 104(c), to be withdrawn from the
mine that is covered by such final order, and to be
prohibited from entering such mine, until the operator
rectifies the noncompliance with the payment plan in the
manner specified in such payment plan.''.
(2) Applicability and effective date.--The amendments made
by paragraph (1) shall apply to all unpaid civil penalty
assessments under the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.), except that, for any unpaid
civil penalty assessment that became a final order of the
Commission or a court before the date of enactment of this
Act, the time periods under section 110(n) of the Federal
Mine Safety and Health Act of 1977 (as amended) (30 U.S.C.
820(n)) shall be calculated as beginning on the date of
enactment of this Act instead of on the date of the final
order.
TITLE IV--WORKER RIGHTS AND PROTECTIONS
SEC. 401. PROTECTION FROM RETALIATION.
Section 105(c) (30 U.S.C. 815(c)) is amended to read as
follows:
``(c) Protection From Retaliation.--
``(1) Retaliation prohibited.--
``(A) Retaliation for complaint or testimony.--No person
shall discharge or in any manner discriminate against or
cause to be discharged or cause discrimination against or
otherwise interfere with the exercise of the statutory rights
of any miner or other employee of an operator, representative
of miners, or applicant for employment, because--
``(i) such miner or other employee, representative, or
applicant for employment--
``(I) has filed or made a complaint, or is about to file or
make a complaint, including a complaint notifying the
operator or the operator's agent, or the representative of
the miners at the coal or other mine of an alleged danger or
safety or health violation in a coal or other mine;
``(II) instituted or caused to be instituted, or is about
to institute or cause to be instituted, any proceeding under
or related to this Act or has testified or is about to
testify in any such proceeding or because of the exercise by
such miner or other employee, representative, or applicant
for employment on behalf of him or herself or others of any
right afforded by this Act, or has reported any injury or
illness to an operator or agent;
``(III) has testified or is about to testify before
Congress or any Federal or State proceeding related to safety
or health in a coal or other mine; or
``(IV) refused to violate any provision of this Act,
including any mandatory health and safety standard or
regulation; or
``(ii) such miner is the subject of medical evaluations and
potential transfer under a standard published pursuant to
section 101.
``(B) Retaliation for refusal to perform duties.--
``(i) In general.--No person shall discharge or in any
manner discriminate against a miner or other employee of an
operator for refusing to perform the miner's or other
employee's duties if the miner or other employee has a good-
faith and reasonable belief that performing such duties would
pose a safety or health hazard to the miner or other employee
or to any other miner or employee.
``(ii) Standard.--For purposes of clause (i), the
circumstances causing the miner's or other employee's good-
faith belief that performing such duties would pose a safety
or health hazard shall be of such a nature that a reasonable
person, under the circumstances confronting the miner or
other employee, would conclude that there is such a hazard.
In order to qualify for protection under this paragraph, the
miner or other employee, when practicable, shall have
communicated or attempted to communicate the safety or health
concern to the operator and have not received from the
operator a response reasonably calculated to allay such
concern.
``(2) Complaint.--Any miner or other employee or
representative of miners or applicant for employment who
believes that he or she has been discharged, disciplined, or
otherwise discriminated against by any person in violation of
paragraph (1) may file a complaint with the Secretary
alleging such discrimination not later than 180 days after
the later of--
``(A) the last date on which an alleged violation of
paragraph (1) occurs; or
``(B) the date on which the miner or other employee or
representative knows or should reasonably have known that
such alleged violation occurred.
``(3) Investigation and hearing.--
``(A) Commencement of investigation and initial
determination.--Upon receipt of such complaint, the Secretary
shall forward a copy of the complaint to the respondent, and
shall commence an investigation within 15 days of the
Secretary's receipt of the complaint, and, as soon as
practicable after commencing such investigation, make the
determination required under subparagraph (B) regarding the
reinstatement of the miner or other employee.
``(B) Reinstatement.--If the Secretary finds that such
complaint was not frivolously brought, the Commission, on an
expedited basis upon application of the Secretary, shall
order the immediate reinstatement of the miner or other
employee until there has been a final Commission order
disposing of the underlying complaint of the miner or other
employee. If either the Secretary or the miner or other
employee pursues the underlying complaint, such reinstatement
shall remain in effect until the Commission has disposed of
such complaint on the merits, regardless of whether the
Secretary pursues such complaint by filing a complaint under
subparagraph (D) or the miner or other employee pursues such
complaint by filing an action under paragraph (4). If neither
the Secretary nor the miner or other employee pursues the
underlying complaint within the periods specified in
paragraph (4), such reinstatement shall remain in effect
until such time as the Commission may, upon motion of the
operator and after providing notice and an opportunity to be
heard to the parties, vacate such complaint for failure to
prosecute.
``(C) Investigation.--Such investigation shall include
interviewing the complainant and--
``(i) providing the respondent an opportunity to submit to
the Secretary a written response to the complaint and to
present statements from witnesses or provide evidence; and
``(ii) providing the complainant an opportunity to receive
any statements or evidence provided to the Secretary and
rebut any statements or evidence.
``(D) Action by the secretary.--If, upon such
investigation, the Secretary determines that the provisions
of this subsection have been violated, the Secretary shall
immediately file a complaint with the Commission, with
service upon the alleged violator and the miner or other
employee or representative of miners alleging such
discrimination or interference and propose an order granting
appropriate relief.
``(E) Action of the commission.--The Commission shall
afford an opportunity for a hearing on the record (in
accordance with section 554 of title 5, United States Code,
but without regard to subsection (a)(3) of such section) and
thereafter shall issue an order, based upon findings of fact,
affirming, modifying, or vacating the Secretary's proposed
order, or directing other appropriate relief. Such order
shall become final 30 days after its issuance. The
complaining miner or other employee, representative, or
applicant for employment may present additional evidence on
his or her own behalf during any hearing held pursuant to
this paragraph.
``(F) Relief.--The Commission shall have authority in such
proceedings to require a person committing a violation of
this subsection to take such affirmative action to abate the
violation and prescribe a remedy as the Commission considers
appropriate, including--
``(i) the rehiring or reinstatement of the miner or other
employee with back pay and interest and without loss of
position or seniority, and restoration of the terms, rights,
conditions, and privileges associated with the complainant's
employment;
``(ii) any other compensatory and consequential damages
sufficient to make the complainant whole, and exemplary
damages where appropriate; and
``(iii) expungement of all warnings, reprimands, or
derogatory references that have been placed in paper or
electronic records or databases of any type relating to the
actions
[[Page H8137]]
by the complainant that gave rise to the unfavorable
personnel action, and, at the complainant's direction,
transmission of a copy of the decision on the complaint to
any person whom the complainant reasonably believes may have
received such unfavorable information.
``(4) Notice to and action of complainant.--
``(A) Notice to complainant.--Not later than 90 days of the
receipt of a complaint filed under paragraph (2), the
Secretary shall notify, in writing, the miner or other
employee, applicant for employment, or representative of
miners of his determination whether a violation has occurred.
``(B) Action of complainant.--If the Secretary, upon
investigation, determines that the provisions of this
subsection have not been violated, the complainant shall have
the right, within 30 days after receiving notice of the
Secretary's determination, to file an action in his or her
own behalf before the Commission, charging discrimination or
interference in violation of paragraph (1).
``(C) Hearing and decision.--The Commission shall afford an
opportunity for a hearing on the record (in accordance with
section 554 of title 5, United States Code, but without
regard to subsection (a)(3) of such section), and thereafter
shall issue an order, based upon findings of fact, dismissing
or sustaining the complainant's charges and, if the charges
are sustained, granting such relief as it deems appropriate
as described in paragraph (3)(D). Such order shall become
final 30 days after its issuance.
``(5) Burden of proof.--In adjudicating a complaint
pursuant to this subsection, the Commission may determine
that a violation of paragraph (1) has occurred only if the
complainant demonstrates that any conduct described in
paragraph (1) with respect to the complainant was a
contributing factor in the adverse action alleged in the
complaint. A decision or order that is favorable to the
complainant shall not be issued pursuant to this subsection
if the respondent demonstrates by clear and convincing
evidence that the respondent would have taken the same
adverse action in the absence of such conduct.
``(6) Attorneys' fees.--Whenever an order is issued
sustaining the complainant's charges under this subsection, a
sum equal to the aggregate amount of all costs and expenses,
including attorney's fees, as determined by the Commission to
have been reasonably incurred by the complainant for, or in
connection with, the institution and prosecution of such
proceedings shall be assessed against the person committing
such violation. The Commission shall determine whether such
costs and expenses were reasonably incurred by the
complainant without reference to whether the Secretary also
participated in the proceeding.
``(7) Expedited proceedings; judicial review.--Proceedings
under this subsection shall be expedited by the Secretary and
the Commission. Any order issued by the Commission under this
subsection shall be subject to judicial review in accordance
with section 106. Violations by any person of paragraph (1)
shall be subject to the provisions of sections 108 and
110(a)(4).
``(8) Procedural rights.--The rights and remedies provided
for in this subsection may not be waived by any agreement,
policy, form, or condition of employment, including by any
pre-dispute arbitration agreement or collective bargaining
agreement.
``(9) Savings.--Nothing in this subsection shall be
construed to diminish the rights, privileges, or remedies of
any employee who exercises rights under any Federal or State
law or common law, or under any collective bargaining
agreement.''.
SEC. 402. PROTECTION FROM LOSS OF PAY.
Section 111 (30 U.S.C. 821) is amended to read as follows:
``SEC. 111. ENTITLEMENT OF MINERS.
``(a) Protection From Loss of Pay.--
``(1) Withdrawal orders.--If a coal or other mine or area
of such mine is closed by an order issued under section 103,
104, 107, 108, or 110, all miners working during the shift
when such order was issued who are idled by such order shall
be entitled, regardless of the result of any review of such
order, to full compensation by the operator at their regular
rates of pay for the period they are idled, but for not more
than the balance of such shift. If such order is not
terminated prior to the next working shift, all miners on
that shift who are idled by such order shall be entitled to
full compensation by the operator at their regular rates of
pay for the period they are idled, but for not more than four
hours of such shift. If a coal or other mine or area of such
mine is closed by an order issued under section 104, 107 (in
connection with a citation), 108, or 110, all miners who are
idled by such order shall be entitled, regardless of the
result of any review of such order, to full compensation by
the operator at their regular rates of pay and in accordance
with their regular schedules of pay for the entire period for
which they are idled, not to exceed 60 days.
``(2) Closure in advance of order.--If the Secretary finds
that such mine or such area of a mine was closed by the
operator in anticipation of the issuance of such an order,
all miners who are idled by such closure shall be entitled to
full compensation by the operator at their regular rates of
pay and in accordance with their regular schedules of pay,
from the time of such closure until such time as the
Secretary authorizes reopening of such mine or such area of
the mine, not to exceed 60 days, except where an operator
promptly withdraws miners upon discovery of a hazard, and
notifies the Secretary where required, and within the
prescribed time period.
``(3) Refusal to comply.--Whenever an operator violates or
fails or refuses to comply with any order issued under
section 103, 104, 107, 108, or 110, all miners employed at
the affected mine who would have been withdrawn from, or
prevented from entering, such mine or area thereof as a
result of such order shall be entitled to full compensation
by the operator at their regular rates of pay, in addition to
pay received for work performed after such order was issued,
for the period beginning when such order was issued and
ending when such order is complied with, vacated, or
terminated.
``(b) Enforcement.--
``(1) Commission orders.--The Commission shall have
authority to order compensation due under this section upon
the filing of a complaint by a miner or his representative
and after opportunity for hearing on the record subject to
section 554 of title 5, United States Code. Whenever the
Commission issues an order sustaining the complaint under
this subsection in whole or in part, the Commission shall
award the complainant reasonable attorneys' fees and costs.
``(2) Failure to pay compensation due.--Consistent with the
authority of the Secretary to order miners withdrawn from a
mine under this Act, the Secretary shall order a mine that
has been subject to a withdrawal order under section 103,
104, 107, 108, or 110, and has reopened, to be closed again
if compensation in accordance with the provisions of this
section is not paid by the end of the next regularly
scheduled payroll period following the lifting of a
withdrawal order.
``(c) Expedited Review.--If an order is issued which
results in payments to miners under subsection (a), the
operators shall have the right to an expedited review before
the Commission using timelines and procedures established
pursuant to section 316(b)(2)(G)(ii).''.
SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR
MINES PLACED IN PATTERN STATUS.
The Federal Mine Safety and Health Act of 1977 is further
amended by adding at the end of title I the following:
``SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR
MINES PLACED IN PATTERN STATUS.
``(a) In General.--For purposes of ensuring miners' health
and safety and miners' right to raise concerns thereof, when
an underground coal mine is placed in pattern status pursuant
to section 104(e), and for 3 years after such placement, the
operator of such mine may not discharge or constructively
discharge a miner who is paid on an hourly basis and employed
at such underground coal mine without reasonable job-related
grounds based on a failure to satisfactorily perform job
duties, including compliance with this Act and with mandatory
health and safety standards or other regulations issued under
this Act, or other legitimate business reason, where the
miner has completed the employer's probationary period, not
to exceed 6 months.
``(b) Cause of Action.--A miner aggrieved by a violation of
subsection (a) may file a complaint in Federal district court
in the district where the mine is located within 1 year of
such violation.
``(c) Remedies.--In an action under subsection (b), for any
prevailing miner the court shall take affirmative action to
further the purposes of the Act, which may include
reinstatement with backpay and compensatory damages.
Reasonable attorneys' fees and costs shall be awarded to any
prevailing miner under this section.
``(d) Pre-Dispute Waiver Prohibited.--A miner's right to a
cause of action under this section may not be waived with
respect to disputes that have not arisen as of the time of
the waiver.
``(e) Construction.--Nothing in this section shall be
construed to limit the availability of rights and remedies of
miners under any other State or Federal law or a collective
bargaining agreement.''.
TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS.
Section 303(d) (30 U.S.C. 863(d)) is amended by adding at
the end the following:
``(3)(A) Not later than 30 days after the issuance of the
interim final rules promulgated under subparagraph (C), each
operator of an underground coal mine shall implement a
communication program at the underground coal mine to ensure
that each miner is orally briefed on and made aware of, prior
to traveling to or arriving at the miner's work area and
commencing the miner's assigned tasks--
``(i) any conditions that are hazardous, or that violate a
mandatory health or safety standard or a plan approved under
this Act, where the miner is expected to work or travel; and
``(ii) the general conditions of that miner's assigned
working section or other area where the miner is expected to
work or travel.
``(B) Not later than 180 days after the date of enactment
of the Robert C. Byrd Mine Safety Protection Act of 2010, the
Secretary shall promulgate interim final rules implementing
the requirements of subparagraph (A). The Secretary shall
issue a final rule not later than 2 years after such date.''.
SEC. 502. ROCK DUST STANDARDS.
(a) Standards.--Section 304(d) (30 U.S.C. 864(d)) is
amended--
[[Page H8138]]
(1) by striking ``Where rock'' and inserting the following:
``Rock Dust.--
``(1) In general.--Where rock'';
(2) by striking ``65 per centum'' and all that follows and
inserting ``80 percent. Where methane is present in any
ventilating current, the percentage of incombustible content
of such combined dusts shall be increased 0.4 percent for
each 0.1 percent of methane.''; and
(3) by adding at the end the following:
``(2) Methods of measurement.--
``(A) In general.--Each operator of an underground coal
mine shall take accurate and representative samples which
shall measure the total incombustible content of combined
coal dust, rock dust, and other dust in such mine to ensure
that the coal dust is kept below explosive levels through the
appropriate application of rock dust.
``(B) Direct reading monitors.--By the later of June 15,
2011, or the date that is 30 days after the Secretary of
Health and Human Services has certified in writing that
direct reading monitors are commercially available to measure
total incombustible content in samples of combined coal dust,
rock dust, and other dust and the Department of Labor has
approved such monitors for use in underground coal mines, the
Secretary shall require operators to take such dust samples
using direct reading monitors.
``(C) Regulations.--The Secretary shall, not later than 180
days after the date of enactment of the Robert C. Byrd Mine
Safety Protection Act of 2010, promulgate an interim final
rule that prescribes methods for operator sampling of total
incombustible content in samples of combined coal dust, rock
dust, and other dust using direct reading monitors and
includes requirements for locations, methods, and intervals
for mandatory operator sampling.
``(D) Recommendations.--Not later than 1 year after the
date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2010, the Secretary of Health and Human
Services shall, based upon the latest research, recommend to
the Secretary of Labor any revisions to the mandatory
operator sampling locations, methods, and intervals included
in the interim final rule described in subparagraph (B) that
may be warranted in light of such research.
``(3) Limitation.--Until a final rule is issued by the
Secretary under section 502(b)(2) of the Robert C. Byrd Mine
Safety Protection Act of 2010, any measurement taken by a
direct reading monitor described in paragraph (2) shall not
be admissible to establish a violation in an enforcement
action under this Act.''.
(b) Report and Rulemaking Authority.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Secretary of Labor, shall
prepare and submit, to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report--
(A) regarding whether any direct reading monitor described
in section 304(d)(2)(B) of the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 864(d)(2)(B)) is sufficiently reliable
and accurate for the enforcement of the mandatory health or
safety standards by the Secretary of Labor under such Act,
and whether additional improvement to such direct reading
monitor, or additional verification regarding reliability and
accuracy, would be needed for enforcement purposes; and
(B) identifying any limitations or impediments for such use
in underground coal mines.
(2) Authority.--If the Secretary determines that such
direct reading monitor is sufficiently reliable and accurate
for the enforcement of mandatory health and safety standards
under the Federal Mines Safety and Health Act of 1977
following such report or any update thereto, the Secretary
shall promulgate a final rule authorizing the use of such
direct reading monitor for purposes of compliance and
enforcement, in addition to other methods for determining
total incombustible content. Such rule shall specify
mandatory operator sampling locations, methods, and
intervals.
SEC. 503. ATMOSPHERIC MONITORING SYSTEMS.
Section 317 (30 U.S.C. 877) is amended by adding at the end
the following:
``(u) Atmospheric Monitoring Systems.--
``(1) NIOSH recommendations.--Not later than 1 year after
the date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2010, the Director of the National
Institute for Occupational Safety and Health, acting through
the Office of Mine Safety and Health Research, in
consultation, including through technical working groups,
with operators, vendors, State mine safety agencies, the
Secretary, and labor representatives of miners, shall issue
recommendations to the Secretary regarding--
``(A) how to ensure that atmospheric monitoring systems are
utilized in the underground coal mining industry to maximize
the health and safety of underground coal miners;
``(B) the implementation of redundant systems, such as the
bundle tubing system, that can continuously monitor the mine
atmosphere following incidents such as fires, explosions,
entrapments, and inundations; and
``(C) other technologies available to conduct continuous
atmospheric monitoring.
``(2) Atmospheric monitoring system regulations.--Not later
than 1 year following the receipt of the recommendations
described in paragraph (1), the Secretary shall promulgate
regulations requiring that each operator of an underground
coal mine install atmospheric monitoring systems, consistent
with such recommendations, that--
``(A) protect miners where the miners normally work and
travel;
``(B) provide real-time information regarding methane and
carbon monoxide levels, and airflow direction, as
appropriate, with sensing, annunciating, and recording
capabilities; and
``(C) can, to the maximum extent practicable, withstand
explosions and fires.''.
SEC. 504. TECHNOLOGY RELATED TO RESPIRABLE DUST.
Section 202(d) (30 U.S.C. 842(d)) is amended--
(1) by striking ``of Health, Education, and Welfare''; and
(2) by striking the second sentence and inserting the
following: ``Not later than 2 years after the date of
enactment of the Robert C. Byrd Mine Safety Protection Act of
2010, the Secretary shall promulgate final regulations that
require operators, beginning on the date such regulations are
issued, to provide coal miners with the maximum feasible
protection from respirable dust, including coal and silica
dust, that is achievable through environmental controls, and
that meet the applicable standards.''.
SEC. 505. REFRESHER TRAINING ON MINER RIGHTS AND
RESPONSIBILITIES.
(a) In General.--Section 115(a)(3) (30 U.S.C. 825(a)(3)) is
amended to read as follows:
``(3) all miners shall receive not less than 9 hours of
refresher training not less frequently than once every 12
months, and such training shall include one hour of training
on the statutory rights and responsibilities of miners and
their representatives under this Act and other applicable
Federal and State law, pursuant to a program of instruction
developed by the Secretary and delivered by an employee of
the Administration or by a trainer approved by the
Administration that is a party independent from the
operator;''.
(b) National Hazard Reporting Hotline.--Section 115 (30
U.S.C. 825) is further amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Any health and safety training program of instruction
provided under this section shall include distribution to
miners of information regarding miners' rights under the Act,
as well as a toll-free hotline telephone number, which the
Secretary shall maintain to receive complaints from miners
and the public regarding hazardous conditions,
discrimination, safety or health violations, or other mine
safety or health concerns. Information regarding the hotline
shall be provided in a portable, convenient format, such as a
durable wallet card, to enable miners to keep the information
on their person.''.
(c) Timing of Initial Statutory Rights Training.--
Notwithstanding section 115 of the Federal Mine Safety and
Health Act (as amended by subsection (a)) (30 U.S.C. 825) or
the health and safety training program approved under such
section, an operator shall ensure that all miners already
employed by the operator on the date of enactment of this Act
shall receive the one hour of statutory rights and
responsibilities training described in section 115(a)(3) of
such Act not later than 180 days after such date.
SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING.
(a) In General.--Section 115 (30 U.S.C. 825) is further
amended by redesignating subsections (e) and (f) (as
redesignated) as subsections (f) and (g) and inserting after
subsection (d) (as redesignated) the following:
``(e) Authority To Mandate Additional Training.--
``(1) In general.--The Secretary is authorized to issue an
order requiring that an operator of a coal or other mine
provide additional training beyond what is otherwise required
by law, and specifying the time within which such training
shall be provided, if the Secretary finds that--
``(A)(i) a serious or fatal accident has occurred at such
mine; or
``(ii) such mine has experienced accident and injury rates,
citations for violations of this Act (including mandatory
health or safety standards or regulations promulgated under
this Act), citations for significant and substantial
violations, or withdrawal orders issued under this Act at a
rate above the average for mines of similar size and type;
and
``(B) additional training would benefit the health and
safety of miners at the mine.
``(2) Withdrawal order.--If the operator fails to provide
training ordered under paragraph (1) within the specified
time, the Secretary shall issue an order requiring such
operator to cause all affected persons, except those persons
referred to in section 104(c), to be withdrawn, and to be
prohibited from entering such mine, until such operator has
provided such training.''.
(b) Conforming Amendments.--Section 104(g)(2) (30 U.S.C.
814(g)(2)) is amended by striking ``under paragraph (1)''
both places it appears and inserting ``under paragraph (1) or
under section 115(e)''.
SEC. 507. CERTIFICATION OF PERSONNEL.
(a) In General.--Title I is further amended by adding at
the end the following:
[[Page H8139]]
``SEC. 118. CERTIFICATION OF PERSONNEL.
``(a) Certification Required.--Any person who is authorized
or designated by the operator of a coal or other mine to
perform any duties or provide any training that this Act,
including a mandatory health or safety standard or regulation
promulgated pursuant to this Act, requires to be performed or
provided by a certified, registered, qualified, or otherwise
approved person, shall be permitted to perform such duties or
provide such training only if such person has a current
certification, registration, qualification, or approval to
perform such duties or provide such training consistent with
the requirements of this section.
``(b) Establishment of Certification Requirements and
Procedures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Robert C. Byrd Mine Safety Protection Act of
2010, the Secretary shall issue mandatory standards to
establish--
``(A) requirements for such certification, registration,
qualification, or other approval, including the experience,
examinations, and references that may be required as
appropriate;
``(B) time limits for such certifications and procedures
for obtaining and renewing such certification, registration,
qualification, or other approval; and
``(C) procedures and criteria for revoking such
certification, registration, qualification, or other
approval, including procedures that ensure that the Secretary
(or a State agency, as applicable) responds to requests for
revocation and that the names of individuals whose
certification or other approval has been revoked are provided
to and maintained by the Secretary, and are made available to
appropriate State agencies through an electronic database.
``(2) Coordination with states.--In developing such
standards, the Secretary shall consult with States that have
miner certification programs to ensure effective coordination
with existing State standards and requirements for
certification. The standards required under paragraph (1)
shall provide that the certification, registration,
qualification, or other approval of the State in which the
coal or other mine is located satisfies the requirement of
subsection (a) if the State's program of certification,
registration, qualification, or other approval is no less
stringent than the standards established by the Secretary
under paragraph (1).
``(c) Operator Fees for Certification.--
``(1) Assessment and collection.--Beginning 180 days after
the date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2010, the Secretary shall assess and
collect fees, in accordance with this subsection, from each
operator for each person certified under this section. Fees
shall be assessed and collected in amounts determined by the
Secretary as necessary to fund the certification programs
established under this section.
``(2) Use.--Amounts collected as provided in paragraph (1)
shall only be available to the Secretary, as provided in
paragraph (3), for making expenditures to carry out the
certification programs established under this subsection.
``(3) Authorization of appropriations.--In addition to
funds authorized to be appropriated under section 114, there
is authorized to be appropriated to the Assistant Secretary
for Mine Safety and Health for each fiscal year in which fees
are collected under paragraph (1) an amount equal to the
total amount of fees collected under paragraph (1) during
that fiscal year. Such amounts are authorized to remain
available until expended. If on the first day of a fiscal
year a regular appropriation to the Commission has not been
enacted, the Commission shall continue to collect fees (as
offsetting collections) under this subsection at the rate in
effect during the preceding fiscal year, until 5 days after
the date such regular appropriation is enacted.
``(4) Collecting and crediting of fees.--Fees authorized
and collected under this subsection shall be deposited and
credited as offsetting collections to the account providing
appropriations to the Mine Safety and Health Administration
and shall not be collected for any fiscal year except to the
extent and in the amount provided in advance in appropriation
Acts.
``(d) Citation; Withdrawal Order.--Any operator who permits
a person to perform any of the health or safety related
functions described in subsection (a) without a current
certification which meets the requirements of this section
shall be considered to have committed an unwarrantable
failure under section 104(d)(1), and the Secretary shall
issue an order requiring that the miner be withdrawn or
reassigned to duties that do not require such
certification.''.
(b) Conforming Amendments.--Section 318 (30 U.S.C. 878) is
amended--
(1) by striking subsections (a) and (b);
(2) in subsection (c), by redesignating paragraphs (1)
through (3) as subparagraphs (A) through (C), respectively;
(3) in subsection (g), by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D), respectively;
and
(4) by redesignating subsections (c) through (j) as
paragraphs (1) through (8), respectively.
TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS
SEC. 601. DEFINITIONS.
(a) Definition of Operator.--Section 3(d) is amended to
read as follows:
``(d) `operator' means--
``(1) any owner, lessee, or other person that--
``(A) operates or supervises a coal or other mine; or
``(B) controls such mine by making or having the authority
to make management or operational decisions that affect,
directly or indirectly, the health or safety at such mine; or
``(2) any independent contractor performing services or
construction at such mine;''.
(b) Definition of Agent.--Section 3(e) (30 U.S.C. 802(e))
is amended by striking ``the miners'' and inserting ``any
miner''.
(c) Definition of Miner.--Section 3(g) (30 U.S.C. 802(g))
is amended by inserting after ``or other mine'' the
following: ``, and includes any individual who is not
currently working in a coal or other mine but would be
currently working in such mine, but for an accident in such
mine''.
(d) Definition of Significant and Substantial Violations.--
Section 3 (30 U.S.C. 802) is further amended--
(1) in subsection (m), by striking ``and'' after the
semicolon;
(2) in subsection (n), by striking the period at the end
and inserting a semicolon;
(3) in subsection (o), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(p) `significant and substantial violation' means a
violation of this Act, including any mandatory health or
safety standard or regulation promulgated under this Act,
that is of such nature as could significantly and
substantially contribute to the cause and effect of a coal or
other mine safety or health hazard as described in section
104(d).''.
SEC. 602. ASSISTANCE TO STATES.
Section 503 (30 U.S.C. 953(a)) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``,
in coordination with the Secretary of Health, Education, and
Welfare and the Secretary of the Interior,'';
(B) in paragraph (2), by striking ``and'' after the
semicolon;
(C) in paragraph (3), by striking the period and inserting
``; and''; and
(D) by adding at the end the following:
``(4) to assist such State in developing and implementing
any certification program for coal or other mines required
for compliance with section 118.''; and
(2) in subsection (h), by striking ``$3,000,000 for fiscal
year 1970, and $10,000,000 annually in each succeeding fiscal
year'' and inserting ``$20,000,000 for each fiscal year''.
SEC. 603. BLACK LUNG MEDICAL REPORTS.
Title IV of the Black Lung Benefits Act (30 U.S.C. 901 et
seq.) is amended by adding at the end the following:
``SEC. 435. MEDICAL REPORTS.
``In any claim for benefits for a miner under this title,
an operator that requires a miner to submit to a medical
examination regarding the miner's respiratory or pulmonary
condition shall, not later than 14 days after the miner has
been examined, deliver to the claimant a complete copy of the
examining physician's report. The examining physician's
report shall be in writing and shall set out in detail the
examiner's findings, including any diagnoses and conclusions
and the results of any diagnostic imaging techniques and
tests that were performed on the miner.''.
SEC. 604. RULES OF APPLICATION TO CERTAIN MINES.
(a) Inapplicability of Amendments to Certain Mines.--
(1) Special rule.--The amendments made by this Act shall
not apply to--
(A) surface mines, except for surface facilities or
impoundments physically connected to--
(i) underground coal or underground metal mines; or
(ii) other underground mines which are gassy mines; or
(B) underground mines which are not coal, metal, or gassy
mines.
(2) Definition.--For purposes of this section, the term
``gassy mine'' means a mine, tunnel, or other underground
workings in which a flammable mixture has been ignited, or
has been found with a permissible flame safety lamp, or has
been determined by air analysis to contain 0.25 percent or
more (by volume) of methane in any open workings when tested
at a point not less than 12 inches from the roof, face of
rib.
(b) Rule of Construction Relating to Applicability of
Certain Provisions to Surface Mines.--Title I is further
amended by adding at the end the following:
``SEC. 119. APPLICABILITY OF CERTAIN PROVISIONS TO CERTAIN
MINES.
``(a) Rule of Construction.--With respect to the mines
described in subsection (b), this Act as in effect on the
date before the date of enactment of the Robert C. Byrd Mine
Safety Protection Act of 2010, shall continue to apply to
such mines as then in effect.
``(b) Applicable Mines.--
``(1) In general.--The mines referred to in subsection (a)
are--
``(A) surface mines, except for surface facilities or
impoundments physically connected to--
``(i) underground coal or underground metal mines; or
``(ii) other underground mines which are gassy mines; and
``(B) underground mines which are not coal, metal, or gassy
mines.
``(2) Definition.--As used in paragraph (1), the term
`gassy mine' means a mine, tunnel,
[[Page H8140]]
or other underground workings in which a flammable mixture
has been ignited, or has been found with a permissible flame
safety lamp, or has been determined by air analysis to
contain 0.25 percent or more (by volume) of methane in any
open workings when tested at a point not less than 12 inches
from the roof, face of rib.
``(c) Savings Provision.--Nothing in this section shall
impact the authority of the Secretary to promulgate or modify
regulations pursuant to the authority under any such
provisions as in effect on the date before the date of
enactment of the Robert C. Byrd Mine Safety Protection Act of
2010, or shall be construed to alter or modify precedent with
regards to the Commission or courts.''.
SEC. 605. PAYGO COMPLIANCE.
The budgetary effects of this Act and the amendments made
by this Act for the purpose of complying with the Statutory
Pay-As-You-Go Act of 2010, shall be determined by reference
to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. George Miller) and the gentleman from Kentucky (Mr.
Guthrie) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. GEORGE MILLER of California. Mr. Speaker, I request 5 legislative
days during which Members may revise and extend and insert extraneous
material on H.R. 6495 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. GEORGE MILLER of California. I yield myself such time as I may
consume.
Mr. Speaker, the House today considers urgently needed legislation to
address life-threatening gaps in our Nation's mine safety laws. Despite
progress made over several decades in mine safety, more than 600 miners
have been killed on the job in the last 10 years. Most recently, 29
coal miners were killed in a massive explosion in April that killed
miners over a 2-mile swath and twisted railcar tracks like pretzels.
Since that tragedy, we have learned a great deal about the systemic
weaknesses in mine safety laws. After every major tragedy, promises are
made by public officials to miners and their families--to the
survivors--that timely action will be taken to make sure that this
thing never happens again.
The Robert C. Byrd Mine Safety Protection Act is our chance to
finally make a downpayment on that promise.
First, the bill addresses the broken pattern of violation sanctions.
With these fixes, those mine operators who repeatedly violate safety
standards will be held accountable. Current law on the patterns of
violations has so many loopholes that it invites delays and allows some
coal mine operators to game the system.
Massey Energy's Upper Big Branch mine was a perfect example of an
operator repeatedly skirting the law and putting workers' lives in the
crosshairs. The Upper Big Branch mine was subject to 515 violations and
to 54 withdrawal orders in 2009, more than any other mine in the
country. Red flags were waving about this mine's repeated unwarrantable
failures.
{time} 1330
And yet, because Massey indiscriminately appealed many of those
violations, it evaded the stronger sanctions that would have improved
the conditions and perhaps saved lives.
The bill sets clear and fair criteria to identify mines with
significant safety problems and eliminates the incentives for mine
owners that game the system. Had this been in place, I believe the 29
miners who lost their lives in the Upper Big Branch mine would be alive
today.
Second, the bill gives miners modern protections against retaliation
if they speak up about the dangerous conditions under which they work.
Stanley ``Goose'' Stewart was working in the Upper Big Branch mine
the day it exploded. He testified twice before the committee about the
persistent fear and intimidation faced by workers from the Massey
management. He said that in his years working for Massey, they took
coal mining back to the early 1900s. He urged us to give miners the
ability to stand up to rogue mine operators.
This bill empowers miners to speak up about safety concerns by
strengthening whistleblower protection and gives miners the right to
refuse to work in unsafe conditions.
Third, many have asked why the Mine Safety and Health Administration
failed to close down unsafe mines, such as Upper Big Branch, with
repeated violations of the law. This bill clarifies that MSHA can seek
a court order to close a mine that engages in a course of conduct that
endangers the miners.
Fourth, MSHA lacks sufficient subpoena power for investigation
inspections. Under current law, MSHA, the Mine Safety and Health
Administration, can only issue subpoenas in the context of witnesses
for a public hearing. The legislation gives MSHA the subpoena power it
needs for full investigations.
Fifth, miners testified that in many parts of the country MSHA does
not inspect mines during weekends or night shifts. This legislation
would require that inspections occur on all shifts and days of the
week. If inspection times are unpredictable, operators will be
motivated to work more safely across all shifts.
Sixth, the bill provides meaningful sanctions against those who
intentionally provide advance notice of unannounced mine safety and
health inspections. All too often, mine operators call ahead of
inspectors and direct that violations be covered up, depriving mine
inspectors of the ability to detect unsafe working conditions.
Finally, witnesses told us how safety devices like methane detectors
were tampered with so that mining equipment would not automatically
shut down and stop production if methane levels got too high. Today,
this violation is a mere misdemeanor. Under this legislation, tampering
with these devices would be a felony. These reforms will only apply to
coal mines, underground mines that release significant amounts of
methane and combustible gases, and underground metal mines.
The bill is the result of months of deliberations with stakeholders
and experts, including miners, families, academics, State officials,
and various sectors of the mining industry. The legislation is part of
our ongoing commitment to the families of the Aracoma, Sago, Crandall
Canyon, Darby, and, now, Upper Big Branch mine disasters that their
loved ones' deaths would not be in vain and their calls for change
would be heeded.
The legislation also honors the late Senator Robert C. Byrd, who was
a champion of our Nation's miners. After the Sago and Aracoma
tragedies, Senator Byrd said, ``if we truly are a moral Nation . . .
then these moral values must be reflected in the government agencies
that are charged with protecting the lives of our citizens.''
I agree. This legislation redeems that sentiment of Senator Byrd, and
I urge my colleagues to support this important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
On April 5 of this year, tragedy struck Montcoal, West Virginia. On
that day, an explosion at the Upper Big Branch coal mine killed 29
miners and provided a stark reminder that coal mining is a profession
marked by risk and danger. And while steps have been taken to
strengthen protections for miners, this tragedy and others like it
remind us that more work remains to be done.
I believe steps can be taken by Federal and State regulators, mine
operators, and miners, themselves, to reduce the dangers inherent for
those who mine for natural resources that power our Nation. That is why
it is with deep regret that I oppose the legislation before us today.
Once again, well-intended reforms addressing a vital issue are being
rushed through a flawed process that results in a deeply flawed bill.
This is not the way to govern. This is not the way to advance the
concerns and interests of the American people, and it is not the way to
strengthen important safety protections for miners.
The bill we are considering today under a suspension of the House
rules is the wrong response for several important reasons. First, it
seeks to create a solution to a problem we do not
[[Page H8141]]
fully understand. The explosion at Upper Big Branch resulted in the
worst mining disaster in 40 years. Since that time, significant State
and Federal resources have been brought to bear to investigate the
cause of the incident, help identify weaknesses in existing law, and
determine whether current law is being obeyed by mining operators and
aggressively enforced by Federal authorities. These are critical
questions for which we are still awaiting answers.
The majority's proposal also ignores important steps the Mine Safety
and Health Administration has taken in recent months to strengthen
standards to existing law. Republicans have consistently called on the
Mine Safety and Health Administration to utilize all the tools at its
disposal to protect miners and hold bad actors accountable. I am
pleased to see the agency is finally beginning to do just that.
As part of its efforts, the Mine Safety and Health Administration has
revised the current framework of identifying mines operating with a
pattern of violations. For 30 years, this process has been broken.
Today, that process has changed, and we are just beginning to see the
results. The Mine Safety Administration has reformed the process and
has notified more than a dozen mine operators that they are at risk of
being placed in a pattern of violations. It is a step in the right
direction.
The agency is also implementing new rock dusting standards, issued a
proposal to increase the use of personal dust monitors, and is looking
at ways to improve the broken conference process. We may question why
the agency did not act sooner, but it is important to recognize that
steps are being taken today. Congress should not preempt and
potentially undercut reforms underway before we have had the
opportunity to learn whether they work.
Some of my colleagues may argue that these are simply process
arguments that ordinary Americans don't care about. I don't like
discussing process any more than the next person, but I think we have
learned over the last 2 years that the American people care a great
deal about the manner in which Congress conducts its business, because
a flawed process results in bad law. Today's legislation is no
exception.
The process we are considering today puts punishment before
prevention. It is based on the faulty premise that simply increasing
penalties can lead to better safety. Our goal is to prevent injuries
and illnesses before they occur. Everyone agrees bad actors should face
stiff penalties for jeopardizing the safety of miners, but we shouldn't
establish a regime that may discourage employers from taking actions
they believe to strengthen their worker safety. We can punish bad
actors, but we must never lose sight of the fact that promoting safety
and preventing hazard should be our first priority.
There are other flaws in the legislation, including a provision that
will expand the criminalization of a person's knowing conduct as well
as upending, in some cases, the long-established at-will employment
doctrine which will insert Federal judges into voluntary hiring and
firing decisions of mine operators and their workers.
Last Friday, the majority introduced H.R. 6495 with no advance
warning and not consulting with Republicans. Yet here we are days later
being told this is the only opportunity Members of the House will have
to enhance safety protections for underground miners. Following the
same playbook used by the majority time and time again by this
majority, we have no opportunity for a full and open debate and no
opportunity to offer amendments to fix the errors I have just
described. A flawed process is resulting in yet another flawed bill.
On behalf of miners and their families, let me respectfully say they
deserve better. I urge my colleagues to oppose this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 4 minutes to
the gentleman from West Virginia (Mr. Rahall).
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Mr. Speaker, America's courageous, hardworking coal
miners have long provided the fuel that powers this Nation. And while
doing so, they labor in some of the toughest, most dangerous work
environments. For that reason, our Nation has long recognized its duty
to ensure their health and safety on the job. God bless our Nation's
coal miners.
This year has been a tragic one in our coalfields. We have, to date,
lost 48 miners, and we witnessed the worst coal mine disaster in 40
years, already referenced on the floor, losing 29 young lives in one
blast in my home county.
We have much work to do in our mine safety system, though I urge my
colleagues not to paint the coal industry with too broad a brush. There
are many coal companies with admirable safety records, with time and
money devoted to keeping their miners safe. Several of them have worked
diligently with myself and with Chairman Miller and the Education and
Labor Committee to make improvements to this bill. They are models for
the industry and employers everywhere.
I take this moment to salute the chairman of our Education and Labor
Committee, George Miller, for the manner in which he has worked not
only on this legislation but all previous coal mine health and safety
legislation as well. Our coal miners, indeed, have a friend in George
Miller from California.
{time} 1340
However, just as surely as there are good actors that deserve our
respect, we must recognize that the safety challenges of coal country
will not end with the retirement of any one individual, one so-called
``Dark Lord.'' Unless we remain vigilant while miners labor in harm's
way, another Voldemort will rise. We all--industry, government, labor--
share a responsibility to rein in those very few bad actors who would
put profits before safety.
Critics of this legislation argue that it needs additional
wordsmithing, that some provisions need tweaking or trimming out
altogether, that we ought to await the results of the current UBB
investigation; and I appreciate that perspective. But while many of
these criticisms might provide an excuse to vote against the pending
bill, none of them outweighs the plain and simple truth confronting
this particular Member of Congress.
As the Representative of the district in which the UBB mine is
located, I have 29 reasons why I must and why I will vote for this
legislation. Indeed, there have been additional deaths since Upper Big
Branch, but those individuals I will name: Carl Acord, Jason Atkins,
Christopher Bell, Greg Brock, Kenny Chapman, Robert E. Clark, Cory
Davis, Timmy Davis, Michael Elswick, William ``Bob'' Griffith, Steve
Harrah, Dean Jones, Rick Lane, William Roosevelt Lynch, Joe Marcum,
Ronald Lee Maynor, James ``Eddie'' Mooney, Adam Morgan, Rex Mullins,
Josh Napper, Howard ``Boone'' Payne, Dillard ``Dewey'' Persinger, Joel
``Jody'' Price, Gary Quarles, Deward Scott, Benny Willingham, Ricky
Workman.
I stood vigil with their families--the mothers, the fathers, their
sisters, their brothers, their wives, children, and grandchildren. We
waited together throughout those anguishing days in the aftermath of
that devastating explosion that took these 29 brave individuals too
early from this Earth. I prayed with them, I ate with them, and, in the
end, I grieved with them. And if I voted against this legislation, my
colleagues, that might have saved their loved ones, I could never again
look them in the eyes.
Today I will cast my vote for this appropriately named Robert C. Byrd
Mine Safety Protection Act. And I will continue to work with my
colleagues to address the needs of our coal miners and our coal
industry in the weeks and months ahead. Those needs exist, and those
needs need to be addressed, and we need to address them--all
stakeholders that Chairman Miller has so well done--all stakeholders
working together to, indeed, make our coal mines a safer place in which
to work.
Mr. GUTHRIE. Mr. Speaker, I yield 3 minutes to the gentlelady from
West Virginia, Mrs. Moore Capito.
Mrs. CAPITO. In the past few years, my home State, West Virginia, has
walked with a heavy heart. On numerous occasions, we have bowed our
heads in solemn reverence for miners that we have lost in tragedy. We
have watched as our small towns and their citizens
[[Page H8142]]
have been thrust into the Nation's eye for the most unfortunate
reasons. As we've heard, in fact, on April 5 of this year, we suffered
the worst mine disaster in more than a generation. An underground
explosion swept through at Massey Energy's Upper Big Branch mine,
claiming 29 lives, which my colleague from West Virginia just
enumerated very eloquently.
Let me be clear, the issue of mine safety is a very personal one to
every West Virginian. Our families and our friends are in the mines.
When West Virginia loses even a single miner, it affects all of us.
Currently, multiple investigations into the Upper Big Branch mine are
still searching for answers and following each small detail that could
uncover the answer to a larger mystery. And it is just that, an
unsolved investigation. Even today, investigators are hampered by water
and are working to clear the mine before they can continue their work.
With these investigations still in progress, we do not know which
laws were not followed by the operator, which laws MSHA failed to
enforce, and which health and safety laws were simply inadequate. And
yet Congress intends to lay out its heavy hand again before our
questions are answered and before we know exactly what happened.
The late Senator Robert C. Byrd was a leader in mine safety. After
the Sago mine tragedy in my district, the West Virginia delegation
gathered in Senator Byrd's office, and we sat together to reach a
common agenda. The Senator believed that we were there for a purpose of
protecting our miners and that all ideas were welcome at the table.
I wish this Congress would heed the late Senator's values. This bill
was rushed to the floor in the last days of this Congress with little
notice and some changes made at the last minute. I was heartened a few
months ago when Congress began a new discussion on miner safety. I
appreciate the chairman of the committee having a field hearing in
Beckley and allowing me to attend. So I appreciate that. In fact, there
were many bills introduced as a part of that discussion. And,
unfortunately, this discussion has been too short and a single bill was
green-lighted by a select few.
This bill has been rushed to the floor so it can be checked off a
list of accomplishments. I wholeheartedly support the legislation's
goal to better protect the health and safety of our Nation's miners,
but in this case, we haven't gotten close to the goal. Improving mine
safety can only happen when all parties work to get involved or are
working together to achieve better results. It is shortsighted and, in
essence, a shot in the dark before we see the true facts.
The bill being considered today takes harsh and punitive measures
that does little to address mine safety but, rather, introduces
dramatic regulatory changes and promotes unnecessary litigation which
will hurt those mines and miners operating in good faith on behalf of
worker safety. It imposes vague new standards for criminal liability,
potentially criminalizing most infractions and subjecting officials to
sanctions over which they have no direct control.
Any legislation should look at the industry in total, from the
companies to the agencies regulating them, and this bill does not do
that. If we are to truly get this right, we need to let the
investigations move forward and work for a true mine safety bill that
would secure the safety of our miners for generations to come.
Mr. GEORGE MILLER of California. I yield 3 minutes to the gentlewoman
from California (Ms. Woolsey), the chair of the subcommittee.
Ms. WOOLSEY. I thank the gentleman for bringing this bill forward.
This is a proud day for me, as an original cosponsor of the Robert C.
Byrd Mine Safety Protection Act, because the health and safety of
miners is finally receiving the attention that it deserves. With this
legislation, we hope to prevent the appalling loss of life that
continues to occur in the mining industry. The recent accident at Upper
Big Branch mine in West Virginia once again proved this issue is too
important to ignore, too devastating to delay.
It is true that working conditions for miners have improved over the
years, but too many mine workers are still dying or are becoming ill as
a result of incidents that were or are preventible had everyone been
following the law. The loss of life and health of a worker is
unacceptable. There is much more we can do and must do to keep miners
as healthy and safe as possible. These miners and their families
deserve to know that when they leave for work in the morning, they will
return home that evening to their families and that they will be safe
and that they will be healthy. H.R. 6495 accomplishes much of that goal
for underground coal mines and gassy mines.
The bill makes it easier to identify and improve conditions at mines
with serious and repeated violations and increases maximum criminal
penalties for underground coal mines and sanctions on those who
knowingly tamper with safety equipment. H.R. 6495 also provides more
effective enforcement tools for MSHA, while strengthening whistleblower
protections for miners and their families. Bringing mine safety
protection into the 21st century provides solutions for better
protection of miners throughout this country.
I only regret today that the important provisions from the Protecting
America's Workers Act, PAWA, legislation that I introduced to amend the
Occupational Safety and Health Act, the OSH Act, are not contained in
H.R. 6495, because bringing OSHA into the 21st century would have made
a long overdue change to the OSH Act, a law designed to protect the
health and safety of millions of nonmining workers throughout the
entire Nation.
So, Mr. Speaker, I will continue to support PAWA. But today we're
supporting H.R. 6495, which is critical in protecting our miners, and I
urge my colleagues to join me in supporting it.
{time} 1350
Mr. GUTHRIE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 2 minutes to
the gentleman from Illinois (Mr. Hare).
Mr. HARE. Mr. Speaker, today I rise in strong support of the Robert
C. Byrd Mine Safety Protection Act of 2010 and for the rights of
workers all across this great Nation. I would like to begin by thanking
Chairman George Miller and Chairwoman Woolsey for their tireless work
on this bill.
As many of you know, I began my career on a factory floor and saw
firsthand the inherent dangers that exist in a workplace. It is the
dangerous working conditions I saw that continue to drive my commitment
to making every workplace in America safe. Compromise is inevitable in
Washington, D.C., but keeping our workers safe, healthy, and alive is
nonnegotiable. I implore my colleagues on both sides of the aisle to
remember that.
It is clear that we can no longer rely on a system of fines and
citations to protect our miners. MSHA must have the ability to swiftly
shut down unsafe mines in order to save lives. We must end the
corporate culture of ``profit at all costs'' that treats workplace
safety upgrades as a budget line item rather than a moral and legal
priority.
Today, my colleagues, we have the opportunity to stand up and defend
the rights and lives of countless American workers, and I ask you to
join me in this great but never-ending fight. The bill before us today
will overhaul the very system that has failed to provide adequate
protections for our mine workers, each and every day, and I say, enough
is enough. This bill puts forth commonsense reforms that are long
overdue. It holds irresponsible mine operators accountable.
One of the most unforgettable and heartbreaking moments of my
congressional career occurred at the Education and Labor Committee
hearing on mine safety. During that hearing, a young boy whose father
had perished in the Crandall Canyon Mine disaster came up to me and
asked me if I could attend one of his soccer games because ``his daddy
was in heaven and couldn't go.''
It is for the families like this that we need to put partisan
politics aside and pass this critical legislation. Every worker
deserves to come home safely at the end of the day, and this bill will
go to great lengths to ensure that this is the reality for all of our
Nation's mine workers.
I ask my colleagues to join me in standing up for all American
workers and supporting this critical legislation.
[[Page H8143]]
Mr. GUTHRIE. Mr. Speaker, I continue to reserve.
Mr. GEORGE MILLER of California. I yield 1 minute to the gentlewoman
from New Hampshire (Ms. Shea-Porter), a member of the committee.
Ms. SHEA-PORTER. Thank you, Chairman Miller, for your leadership on
this legislation which deals with issues that are literally a matter of
life and death.
After the tragedy at the Upper Big Branch Mine, the committee went to
Beckley, West Virginia, to hear directly from the families of the
victims. Mr. Speaker, words cannot adequately describe the pain in the
room on that day as witness after witness described how their loved
ones went reluctantly to work at an unsafe job that ultimately would
claim their lives.
This was not the first time we found ourselves sitting across the
table from grieving family members who just lost loved ones in a
tragedy. In 2007, after the Crandall Canyon Mine collapse, family
members came to Washington to appear before the committee, and we heard
the same stories.
We know that our mine safety laws are in dire need of improvement.
MSHA knows it, and our miners and families know it also. For the miner
and his or her family, this bill will make a world of difference, the
difference between working in a safe environment or not, and in some
cases the difference between coming home or not.
Our mine workers deserve our support. This bill gives support to
them. I urge Members to support this.
Mr. GUTHRIE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, in the days that followed the tragedy at the Upper Big
Branch, Republicans joined many Members here on the House floor to
mourn this tragedy. Our incoming chairman has said that our Nation
would be searching for answers, and our response must follow a
comprehensive review of how such a tragic event could have happened.
We had then, as we do today, a responsibility to look at the laws on
the books and how those laws are being implemented and followed. We
will in due course have the answers to many of those questions, but the
rush to legislate means the answers will arrive too late to inform our
debate and help ensure we are doing the right thing.
We are all committed to work in good faith to answer tough questions
and pursue commonsense reforms that would enhance miner safety.
Unfortunately, such a good faith process has not occurred. This
legislation was crafted behind closed doors without input from
Republican lawmakers concerned with miners' safety and pushed through
the Education and Labor Committee.
Today, we are considering a different proposal developed through the
same closed process. There has been has been no effort to consider or
incorporate Republican ideas for strengthening mine safety. In fact,
the majority was so focused on corralling votes with their own caucus
that they modified this bill in the dark of night.
Throughout this process, the majority has taken out the carving
knives, exempting a mine type here and a mine type there, hoping that
the more of the bill they eliminate, the more support they will gather.
How can anyone believe this is the best approach to meaningful mine
safety?
It is unfortunate that we are here today under these circumstances.
As I stated earlier, the miners and their families who deserve strong
worker protections also deserve better than this bill. I urge my
colleagues to vote ``no'' so we can take the time to understand and
respond to the tragedy in the Upper Big Branch Mine.
I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I want to thank the members of our committee, the
Education and Labor Committee, who spoke today, Ms. Woolsey, who is the
subcommittee chair, Mr. Hare, and Ms. Shea-Porter, for their commitment
to worker safety, whether it is in mines, or construction sites, or
factories, or anywhere else in America. They have demonstrated over and
over again their commitment to these workers.
I also want to thank Mr. Rahall for his support of this legislation.
He has taught me a great deal, not just about mine safety, but about
the culture of the communities that engage in this industry and in this
employment and the impact that it has on them and their families when
things go so very wrong in the mines with accidents, explosions, fires,
and other incidents that take place.
Time and again when I have visited miners they have told me how he
has stood with them and their families at the mine site and the
accident site, if you will, in their churches, in their homes, out in
their cars as they have slept overnight waiting to hear what the impact
of the accident might be on their loved ones who are still inside of
the mine, and I want to thank him for that kind of concern and for the
help in drafting this legislation.
Mr. Chairman and members of the committee, I appreciate that the time
is never right for my colleagues on the other side of the aisle to
engage in worker safety legislation. The fact is, they or their staff
were invited numerous times to participate in the drafting sessions.
All they wanted to do was see the language, not participate. This is
over an 8-month period of time, the consideration of this legislation,
where we met with groups all across the mining community, employers,
employees, communities, governors, enforcement agencies, Federal, State
and local, and all of that together.
We worked with the mining companies themselves. I am very honored to
have two letters, one from Patriot Coal, the CEO of Patriot Coal, and
one from the CEO of CONSOL Energy, reflecting on the process that we
went through to arrive at this legislation and the improvements that
were made.
They were grateful for the extent to which they had been included in
this process. I don't say they support this legislation and every item
in it. But the fact of the matter is, this was a very open process, and
it was open for one reason: Because we wanted the best answers to
provide for the safety of these miners and the security of their
families.
This bill has the support of those who go into the mines every day.
This bill has the support of the families of those who go into the
mines every day. Why? Because they know how badly the system has been
gamed by mine owners who really don't care about the safety of their
workers, of their miners, of the members of their communities.
Unfortunately, it is too many mine owners. It is a small number, but
it impacts a huge number of miners who work in those mines, where they
disregard the law, where they instruct people to do things that are in
violation of the law, where they disrupt the inspection process, where
they disrupt the enforcement process. That is how they run their
companies.
We have watched it play out on the financial pages of the newspapers.
One of the very large mining companies, Massey Energy, struggled with
the idea of whether or not they could keep their CEO, who was so
strongly identified, so strongly identified, with being against the
interests of miners, of working people in violation of the law, of
overlooking the safety concerns of their miners. Finally, they decided
that he should retire. Unfortunately, they also decided he should go
with a very big golden parachute. But the fact of the matter is, this
is about protecting miners.
I want to also thank Chairman Conyers of the Judiciary Committee and
Mr. Scott of the Judiciary Committee for agreeing to this bill and
letting us move it forward before the end of this session.
Finally, I want to thank a gentleman that Mr. Rahall introduced us
to, and that is Stanley ``Goose'' Stewart, who was one of our witnesses
who captured the attention of this committee on a bipartisan basis, the
Governor of the State, and Senator Rockefeller from the State, as he
explained what was going on in this mine to the detriment of the
workers, leading to the deaths of these 29 men, and how they were
prevented from speaking out, and how they were intimidated, and how
people were discharged if they told the truth about what is taking
place in the mines.
{time} 1400
That's why this legislation is necessary, because there is no other
place for these miners to go to get safety. There is no other place for
them to go
[[Page H8144]]
to get justice. There is no other place for them to go to get
enforcement of the law. And it's only the law that keeps them in a safe
working place. But, unfortunately, there are still mine owners in this
day and age who insist that they have a right to violate that law.
Today if you do it, you get a slap on the wrist. Pass this law and
it's a felony. And that's what's, unfortunately, necessary. We've tried
it the other way, with self-enforcement. We've tried it the other way,
and it hasn't worked. I have interviewed too many families that have
lost people in the mine, and the time has come to stop that. I urge my
colleagues to support this legislation.
Let's honor the commitments that everybody makes the first 48 hours
after one of these tragedies takes place that we are going to make sure
it never happens again, but we haven't done it. But this is a big step
forward. I thank my colleagues for their consideration of this
legislation and urge their support.
Mr. HOLT. Mr. Speaker, I rise today in support of the Robert C. Byrd
Mine Safety Protection Act, H.R. 6495.
As a scientist, I have paid some attention to mine safety technology
and overall safety standards. I also feel strongly about the concerns
of the mining industry because I was born and raised in West Virginia,
where my father many years ago as a U.S. Senator, was known as one of
the best friends a miner ever had.
Today, coal mining is rated among the most dangerous jobs in America.
It does not have to be that way. In the wake of the Sago, Darby,
Crandall Canyon, and the recent Big Branch mine tragedy, I was pleased
to work with Chairman Miller on the Committee on Education and Labor to
write legislation that will hold negligent mine operators accountable
and help the Mine Safety and Health Administration, MSHA, avoid future
tragedies.
The Robert C. Byrd Mine Safety Protection Act would help make
underground mines with long histories of serious and repeat violations
safer. This bill would increase the maximum penalties for those who
tamper with or disable safety equipment and replace the flawed
``pattern or violations'' sanction system with a rehabilitation program
that is supported by mine workers and mine owners. Importantly, this
bill protects miner's rights to blow the whistle when they know unsafe
conditions exist.
My good friend Cecil Roberts, the International President of the
United Mine Workers of America, wrote to us in support of this bill and
to remind us that 48 coal miners have died this year. Further, 600 mine
workers have lost their lives in the last decade ``and thousands more
have died from the crippling consequence of exposure to respirable coal
dust--exposure resulting from chronic violation of existing
standards.''
Today we are updating our nation's laws to protect mine workers, make
mines safer, and strengthen penalties for mine owners who put their
workers in needless danger. We are doing this in memory of the coal
miners who have lost their lives, to keep faith with their families,
and to protect the lives of miners who still go to work every day.
Mr. GEORGE MILLER of California. I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Etheridge). The question is on the
motion offered by the gentleman from California (Mr. George Miller)
that the House suspend the rules and pass the bill, H.R. 6495, as
amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GUTHRIE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________