[Congressional Record Volume 170, Number 35 (Tuesday, February 27, 2024)]
[Senate]
[Page S1008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOMINATION OF MOSHE Z. MARVIT

  Mr. CASSIDY. Mr. President, I ask unanimous consent that the 
following letter be printed in the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                              National Stone, Sand


                                         & Gravel Association,

                                                February 22, 2024.
     Hon. Bernie Sanders,
     Chairman, Committee on Health, Education, Labor, and 
         Pensions, U.S. Senate, Washington, DC.
     Hon. Bill Cassidy,
     Ranking Member, Committee on Health, Education, Labor, and 
         Pensions, U.S. Senate, Washington, DC.
       Dear Chairman Sanders and Ranking Member Cassidy: On behalf 
     of the 450 members of the National Stone, Sand & Gravel 
     Association (NSSGA). I write to express our strong opposition 
     of Moshe Marvit's nomination for the open seat on the Federal 
     Mine Safety and Health Review Commission. Having failed to be 
     approved for this seat twice previously, and with a biased 
     track record against industry operators, we do not believe 
     Mr. Marvit is fit to serve in this position.
       NSSGA represents the aggregates industry, and the equipment 
     manufacturers and service providers who support them. Our 
     industry has 9,000 facilities and well over 100,000 employees 
     in high-paying jobs. The industry produces 2.5 billion tons 
     of aggregates annually, which is crucial for sustaining our 
     lifestyle and constructing the nation's infrastructure and 
     communities. These products are fundamental components 
     required for building communities, roads, airports, transit, 
     rail, ports, providing clean water and energy networks.
       We recognize the critical role of the Federal Mine Safety 
     and Health Review Commission, as an independent agency 
     charged with the review of legal disputes arising under the 
     Federal Mine Safety and Health Act of 1977 (Mine Act). As you 
     may know, the Commission was established under the Mine Act 
     to ensure fair and impartial adjudication. Unfortunately, Mr. 
     Marvit, a former union attorney, has a long, documented 
     history as a labor activist showing a personal bias against 
     industrial operators. This bias would prevent him from 
     serving as an impartial member of the Commission and his 
     confirmation would pose a significant threat to our industry, 
     companies and employees.
       We strongly urge you to reject Mr. Marvit's nomination and 
     work to fill this key position with an individual who will 
     serve impartially, as intended.
           Sincerely,

                                           Michael W. Johnson,

                                                  President & CEO,
     National Stone, Sand & Gravel Association.

                          ____________________