[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Page S7561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4117. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        In title X, add at the end the following:

            Subtitle H--COVID-19 Mine Worker Protection Act

     SEC. 1071 SHORT TITLE.

       This subtitle may be cited as the ``COVID-19 Mine Worker 
     Protection Act''.

     SEC. 1072. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.

       (a) Emergency Temporary Health or Safety Standard.--
       (1) In general.--In consideration of the grave risk 
     presented by COVID-19 and the need to strengthen protections 
     for miners, pursuant to section 101(b) of the Federal Mine 
     Safety and Health Act of 1977 (30 U.S.C. 811(b)) and 
     notwithstanding the provisions of law and the Executive order 
     listed in paragraph (3), not later than 7 days after the date 
     of enactment of this Act, the Secretary of Labor shall 
     promulgate an emergency temporary health or safety standard 
     to protect miners from occupational exposure to SARS-CoV-2.
       (2) Application of standard.--Pursuant to section 101(b)(2) 
     of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
     811(b)(2)), the emergency temporary health or safety standard 
     promulgated under paragraph (1) shall be effective until 
     superseded by a mandatory health or safety standard 
     promulgated under subsection (b).
       (3) Inapplicable provisions of law and executive order.--
     The provisions of law and the Executive order listed in this 
     paragraph are as follows:
       (A) Chapter 6 of title 5, United States Code (commonly 
     referred to as the ``Regulatory Flexibility Act'').
       (B) Subchapter I of chapter 35 of title 44, United States 
     Code (commonly referred to as the ``Paperwork Reduction 
     Act'').
       (C) The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 
     et seq.).
       (D) Executive Order 12866 (58 Fed. Reg. 190; relating to 
     regulatory planning and review), as amended.
       (b) Permanent Standard.--Pursuant to section 101(b)(3) of 
     the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
     811(b)(3)), the Secretary shall promulgate a mandatory 
     standard to protect miners from occupational exposure to 
     SARS-CoV-2.
       (c) Requirements.--The standards promulgated under this 
     section shall--
       (1) include a requirement that operators--
       (A) with the input and involvement of miners or, where 
     applicable, the representatives of miners develop and 
     implement a comprehensive infectious disease exposure control 
     plan to address the risk of occupational exposure to SARS-
     CoV-2; and
       (B) provide to miners the necessary personal protective 
     equipment, disinfectant, ancillary medical supplies, and 
     other applicable supplies determined necessary by the 
     Secretary to reduce and limit exposure to SARS-CoV-2 in coal 
     or other mines;
       (2) incorporate guidelines--
       (A) issued by the Centers for Disease Control and 
     Prevention and the National Institute for Occupational Safety 
     and Health, which are designed to prevent the transmission of 
     infectious agents in occupational settings; and
       (B) from relevant scientific research on novel pathogens; 
     and
       (3) include a requirement for the recording and reporting 
     of all work-related COVID-19 infections and deaths as set 
     forth in part 50 of title 30, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).

     SEC. 1073. SURVEILLANCE, TRACKING, AND INVESTIGATION OF 
                   MINING-RELATED CASES OF COVID-19.

       The Secretary of Labor (acting through the Assistant 
     Secretary for Mine Safety and Health), in coordination with 
     the Director of the Centers for Disease Control and 
     Prevention and the Director of the National Institute for 
     Occupational Safety and Health, shall--
       (1) collect and analyze case reports and other data on 
     COVID-19 to identify and evaluate the extent, nature, and 
     source of COVID-19 among miners, including the prevalence of 
     and consequences of COVID-19 diagnoses among miners also 
     diagnosed with pneumoconiosis;
       (2) investigate, as appropriate, individual cases of COVID-
     19 among miners to evaluate the source of exposure and 
     adequacy of infectious disease exposure control plans;
       (3) provide regular periodic reports on COVID-19 among 
     miners to the public; and
       (4) based on such reports and investigations, make 
     recommendations on needed actions or guidance to protect 
     miners from COVID-19.

     SEC. 1074. DEFINITIONS.

       The terms used in this subtitle have the meanings given the 
     terms in section 3 of the Federal Mine Safety and Health Act 
     of 1977 (30 U.S.C. 802).
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