[Congressional Record (Bound Edition), Volume 152 (2006), Part 1]
[Senate]
[Pages 520-526]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BYRD (for himself, Mr. Rockefeller, and Mr. Kennedy):
  S. 2231. A bill to direct the Secretary of Labor to prescribe 
additional coal mine safety standards, to require additional penalties 
for habitual violators, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Mr. President, it is my honor today to join with my 
colleague Senator Byrd, who I am sure will be here very shortly. We are 
very proud to announce that we are, as an entire West Virginia 
delegation, introducing the Federal Mine Safety and Health Act of 2006.
  The last few weeks have been an emotional roller coaster in West 
Virginia and across large parts of the country as we watched the damage 
and the pain and the crying and the anger because of a series of coal 
mine accidents that happened in West Virginia where 14 miners lost 
their lives and in the State of Kentucky where a miner lost his life. 
There is no real way of describing the sadness and the grief of being 
with families as they find out their coal-miner spouses are no longer 
alive.
  Everybody understands that coal mining is very dangerous, but you go 
in every day with the hope that it will be all right. It is a way of 
life. People ask, Why do you go into coal mining? They go into coal 
mining to keep the lights of America on and they do it to earn a good 
wage.
  What we have to do is make sure the legacy of these 15 miners who 
died--1 in Kentucky and 14 in West Virginia, 15 miners in all--is that 
we make sure this kind of tragedy never happens again.
  It is amazing to be in a coal-mining community when tragedy hits. 
People pull together amazingly, in Kentucky very much like West 
Virginia in that respect, and there is a sense of family. One person's 
loss is every person's loss.
  Obviously, we have the losses that come in Iraq and in wartime in 
general. But there is something about coal mining. When there is a 
death in coal mining, it is devastating to a community and it takes a 
long time to heal.

[[Page 521]]

  I would come to churches--the Freewill Baptist Church in Logan 
County, the Sago Baptist Church in Upshur County, one south and the 
other up north--and you learn spiritually and personally forever with 
people who are bound together forever because they have gone through 
something which is truly difficult.
  I note that in the case of Kentucky, we even have evidence of a miner 
who was killed two years ago who was actually videotaping with his 
video camera things which he thought were not proper in that particular 
mine, as he was killed. He was still videotaping as he was killed.
  Legislation is needed.
  I note the presence on the floor of my distinguished senior 
colleague, Senator Byrd.
  What we plan to do in the Senate and in the House--we in the Senate 
and our three Members in the House--is, in fact, to take the first step 
toward improving mine safety and doing it through legislation.
  It is a sad thing to say, for the country and for all of us, where we 
have gone through a period of years where we haven't had large numbers 
of people killed in the mines, that we have been lulled into thinking 
that mining is not dangerous. That has been compounded by the fact that 
the obsession with oil which the President spoke about last night has 
been very real. What is going on overseas in Afghanistan, Iraq, and 
other places of danger across the world has generally tended to pull us 
away, I think maybe for 20 years, from a review of what coal mine 
safety legislation, rules, and regulation through MSHA, the Mine Safety 
and Health Agency, ought to be. Things haven't changed a lot. The 
safety technology in the mines has not changed a lot. There is a bit of 
a lax attitude, and a little bit of indifference. This is the world we 
live in--the world of mining--and it is as it is, and it ever shall be. 
That kind of thinking we have to stop.
  As a delegation, led by Senator Byrd, we are determined to do that. 
We are determined that the legacy of these 14 miners in West Virginia 
and the one in Kentucky will be that this kind of accident never takes 
place again. We do not want that to happen.
  The irony is that coal, which has always been taken for granted by 
the American people, to my distress, is a full 31 percent--and it has 
been for years--of all of our energy use in America. People are always 
thinking about importing oil, and we do. That is a tremendous addition 
to our trade deficit, and it causes all kinds of other problems when we 
are dealing with very unstable countries--increasingly unstable 
countries. But all the while coal has been sitting there. We have a 
250-year supply of coal in the United States of America. That can be 
substituted for much of that oil.
  The coal industry is growing. The price of coal is going up. People 
are going to be opening new coal mines. I wouldn't say it is a hot 
industry in financial terms, but it is very close to it, which means 
there are going to be more mines opened. Therefore, more people will be 
getting into mining--some will be small, some will be larger. We have 
to make sure they will be mining safely and responsibly. That takes 
vigilance on our part, on the part of the Secretary of Labor, and on 
MSHA's part. That is why Senator Byrd, my senior Senator, will no doubt 
submit the bill.
  But we want to call immediate attention to the Mine Safety and Health 
Administration and the Secretary of Labor because they have in their 
power right now the ability to cause to happen a number of the 
suggestions which we are making. They can simply do it. They have the 
rulemaking power to do that, but they have not done that.
  What we are doing is looking at a few ways that the Mine Safety and 
Health Administration and also the Secretary of Labor, Elaine Chao, can 
act aggressively to improve mine safety, as they can do without a 
single change in any law at all. In many cases, Congress has given them 
this authority. It is just a matter of the Secretary of Labor moving on 
these issues. It ought to ring loud and clear, and there ought to be 
results from that.
  In our bill, we also instruct the Secretary to promulgate rules 
quickly to require a series of things: advanced communication and 
breathing apparatus, technologies that can be deployed in our mines.
  This is something which has baffled Senator Byrd, myself, and our 
delegation for a long time. We have a lot of rules and regulations; 
regarding breathing apparatuses, for example; oxygen supplies, for 
example--which have not changed since 1977, or before. We have just 
gone through a period of years when we have not put the focus on coal 
mine safety. Now that is at an end. We have to have advanced 
communications and breathing apparatus technologies.
  It has been said often--it will be said once again--that we could 
talk with Neil Armstrong on the Moon when he was there many years ago, 
but we can't talk with a coal miner in a two-way communications system 
who may be 1,000 or 2,000 feet underground. To say the technology for 
that doesn't exist is to say that America isn't America.
  I have had in my office, as I am sure others have, numerous people in 
the last several days pouring out ideas they are working on or have 
developed. The families of the victims gave us many ideas of what could 
be done. We are a country of new technologies. We have simply declined 
to apply it to coal mine safety, and the coal mines have been a bit lax 
to take the initiative on that. This is something we are all going to 
have to do together. We have to demand that rescue teams be staffed and 
on site in every single mine.
  There was a major problem, particularly at the Sago mine up north. 
But rescue teams have to be a part of an operation. If you are going to 
start a business, a rescue team within your workforce has to be a part 
of what you do--not simply wait for a rescue team 2 hours away to 
collect itself and then come. That is usually too late. It is amazing 
to me that that situation exists.
  We have to also develop a schedule of fines for mining violations. 
They have to mean something. The average mine violation at Sago--there 
seem to be several hundred of them--all seems to be $60 or $270. That 
doesn't change behavior. That encourages a company to say, Look, we 
will pay because there is no real penalty on us.
  Fines can be charged up to $60,000, and we are going to increase 
that. Mines can be shut down by Federal mine inspectors if they choose 
to do that. But for the most part they have not chosen to do that. The 
lesson has to sink in to be responsible as a coal mine or else you 
can't do it.
  Another matter in our legislation is that we have to notify the MSHA 
immediately when there is an accident. That was not done in a couple of 
our cases. In one case, it took a very long period of time to notify 
the agency. That seems a small thing, but that is a huge thing, 
particularly because small mines today don't necessarily have their own 
rescue teams.
  There have to be extra alerts that go out across the Federal and the 
State bureaucracy and within the mining community so that rescue teams 
can get to the spot as soon as possible.
  So we want the Federal mine safety agency to make the health of 
miners its first and foremost priority.
  As of the day that first problem happened at Sago with the death of 
so many miners, it has become my first priority and will stay that way 
until we get what we need in coal mine safety, working with the 
companies, with the Federal Government and, where necessary, to use 
legislation.
  The enforcement of mine safety laws requires a set of penalties that 
reflects the seriousness. We cannot have a situation such as we had at 
Sago Mine--$60 or $270 fines with over 200 violations. They have to 
reflect the seriousness, and be proportional. They have to be larger 
and have impact. Companies cannot just say, I will go ahead and pay 
that, but I don't have to make any change because I can afford to pay 
that; then I don't have to have people coming in and looking at what is 
going on in my mine as much.
  MSHA has minimal penalties and that is the fault of all of us; but 
primarily MSHA should do its job. As part

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of MSHA's invigorated commitment to the safety of miners, we are going 
to seek to have in our legislation the agency enforce a longstanding 
rule which was canceled in 2004. It is a very serious rule and one that 
I will briefly explain. Mine operators have been using fresh air 
escapeways to house coal conveyer belts. What does that mean? The first 
thing we need to understand, mines are required to have fresh air 
escapeways. These are supposed to be free from potentially combustible 
material, combustible gases, and the possibility of fire. Where there 
is a beltway--which costs $100 million plus in some cases; it is a very 
large operation--a single friction could ignite a fire. That fire, 
then, can take off into the coal seams and cause terrible damage and 
destruction of human life.
  Belt fires such as the one resulting in the deaths of the two brave 
West Virginians at the Alma mine in southern West Virginia are some of 
the most dangerous occurrences in coal mining in any form. The very 
least we can do to protect miners is keep the entrances to the mines--
where these miners risk their lives every day to provide the rest of 
the country with the energy--free of such avoidable hazard. That was 
the rule. That was the law for many years.
  For reasons we can only guess, MSHA altered the enforcement practices 
to allow for entry coal belts in 2004. That is wrong. That is the lack 
of vigilance on the part of all who watch over mining.
  Finally, our legislation calls for the creation of a position of 
miner ombudsman. People say, So what? There is a big ``so what.'' It is 
a fact that miners in some mines are afraid to report safety 
deficiencies. They are afraid to report certain matters because they 
think if they do they will get in trouble or get fired or their sister 
or brother will get fired from a coal mine. I am not making an 
accusation, but I heard a great deal of talk about that condition when 
I was in West Virginia for many days, along with my senior Senator, 
Senator Byrd. I heard that a great deal.
  The miners have to have a voice in an overall Federal agency. That 
voice in the overall Federal agency--MSHA--has to be out of the 
political process, almost detached, in a sense, from MSHA itself. That 
is important because we have to provide people a place to report mine 
safety problems. They have to be able to do it anonymously and they 
have to be able to do it feeling safe about so doing.
  My West Virginia colleague and I do not pretend to be doing a 
complete fix of mine safety legislation. We do believe our act is a 
first strong step on a path that Congress should have started down some 
time ago. It is immensely sad it took the deaths of 14 West Virginians 
and 1 Kentuckian to galvanize the emotion, anger, and determination one 
has to have when it comes to making sure the coal mines are safe.
  Coal mines are a world within themselves. The taste of a coal mine, 
the smell of a coal mine, the brotherhood of a coal mine, the danger of 
a coal mine, these are things which are part of people's lives. Most 
people in West Virginia, most people across the United States of 
America, have never been down a coal mine because it is restricted and 
people cannot wander in to look around. Those who have oversight 
responsibility have to make sure they do their job.
  I, for one, believe those who do represent the mining State need to 
take this responsibility, as do the companies, as do the operators at 
the ground level, and also the miners themselves. I have had a slew of 
ideas in the last several days. I am optimistic we can find 
technology--it may come out of DARPA or DOD. Remember in the first gulf 
war, the Marines, Air Force, Navy, and Army could not communicate with 
each other when they went into Kuwait. Their radio bands were all 
different. Everyone knows that story. That was bad. They fixed it. That 
is what we have in our coal mines. That has to be fixed.
  Mine safety moved to the top of my legislative priority list the very 
day I heard of these tragedies. I commend this important legislation to 
my colleagues. I invite them to join Senator Byrd and myself in 
cosponsoring this legislation.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. BYRD. How much time do I have under the order?
  The PRESIDING OFFICER. There is 25\1/2\ minutes remaining on the 
minority side. There is no more specific order.
  Mr. BYRD. How much time was there at the beginning?
  The PRESIDING OFFICER. The allotted time was 45 minutes.
  Mr. BYRD. And 25 minutes remain?
  The PRESIDING OFFICER. Correct.
  Mr. BYRD. Mr. President, it has been almost 1 month since the 
explosion that killed 12 miners at the Sago mine in Upshur County, WV, 
and almost 2 weeks since the conveyor belt fire that killed two miners 
at the Aracoma Alma mine in Logan County, WV. In that same time, the 
Mine Safety and Health Administration, MSHA, of the U.S. Department of 
Labor has briefed my office on several occasions. The Senate Labor-HHS 
Appropriations Subcommittee, at my request and under the leadership of 
Chairman Arlen Specter and ranking member Tom Harkin, has held a 
hearing and solicited testimony from mine safety experts. The West 
Virginia delegation in the House and the Senate has met with the 
Governor of West Virginia, Governor Joe Manchin, has met with the White 
House Chief of Staff, and has met with the acting MSHA Director to 
review mine safety legislation passed by the West Virginia legislature 
in the wake of the Sago and Alma tragedies.
  We now can speak with some certainty about what contributed to the 
tragedies at the Sago and Alma mines that killed 14 coal miners. We 
know these tragedies have highlighted gross weaknesses in mine 
emergency preparedness and the failure of leadership at the Federal 
Mine Safety and Health Administration to get tough about rescue 
procedures.
  We know that communications technology in our Nation's coal mines is 
inadequate. The Federal mine regulators require only that a telephone 
line connect the working sections of mines to the surface. If that 
telephone line does not work, in the event of an emergency, the miners 
trapped underground are cut off from the rescue effort. Those on the 
surface cannot get a message to the miners underground and the miners 
underground cannot get a message to those on the surface.
  At the Sago and Alma mines, families waited, waited, waited in 
anguish for 40 hours, not knowing if their loved ones were alive or 
dead because the communications equipment in the mine did not work.
  We know that Federal mine safety officials cannot immediately locate 
miners trapped underground. At both the Sago and Alma mines, families 
waited, and waited, and waited while rescue teams searched meticulously 
through the underground caverns. Those teams could only make educated 
guesses about the location of the trapped miners, putting the rescue 
teams' lives and the lives of the trapped miners at increased risk 
while the search went on.
  We know that the MSHA notification and response system is ponderously 
slow. Federal mine safety officials did not know of the Sago explosion 
until 2 hours after it happened. It took another 9 hours--9 long, 
excruciating hours--before rescue teams could enter the mine.
  The same thing happened at the Alma mine. Federal mine safety 
officials did not know of the underground fire for 2\1/2\ hours, and in 
that time the fire spread and got worse. We know Federal mine 
regulators require only that miners have a 1-hour emergency breathing 
device; and at the Sago mine, 1 hour of oxygen was not nearly adequate 
to sustain those miners through a 40-hour rescue operation. We also 
know that the Mine Safety and Health Administration, tragically--
tragically--abandoned its assessment of the rules governing these 1-
hour emergency breathing devices in December of 2001. What a travesty.
  We know that the mine rescue teams, at both the Sago and Alma mines, 
were forced to wait for a frustrating amount of time because the coal 
operators had

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to negotiate the question of liability before the rescue teams could 
enter the mines. We know that Federal mine regulators have been aware 
of this liability problem since 1995. We know that MSHA has not taken 
steps to address it, or to update and improve the rules related to the 
number of rescue teams per mine and their ability to respond rapidly. 
The only recent effort to update these rules was halted by MSHA--now 
get that--the only recent effort to update these rules was halted by 
MSHA in 2002.
  The Sago mine was a habitual violator with 276 citations and orders 
issued in 2004 and 2005. The coal operator never paid a fine more than 
$440, even though mandatory health and safety standards were 
repeatedly, repeatedly, repeatedly violated. Meanwhile, MSHA assessed 
fines as low as $99 for violations that were classified as 
``significant and substantial.'' Let me say that again. Meanwhile, MSHA 
assessed fines as low as $99 for violations that were classified as 
``significant and substantial'' in threatening the safety and health of 
the miners at Sago.
  MSHA has broad authority to protect coal miners, and the 1977 Mine 
Act is the strongest and most sweeping workplace safety law ever 
enacted in the United States, and, yet, even with these tools--even 
with these tools--the Mine Safety and Health Administration failed--
yes, it failed--to protect the 14 miners who perished at the Sago and 
Alma mines. What a shame. What a shame.
  MSHA has the authority to require that secondary communications 
equipment be available in the event of an emergency. That authority was 
not used. MSHA has the authority to require that emergency breathing 
devices be placed in the mines in the event of an extended recovery 
effort. That authority was not used. That authority was not used. MSHA 
has the authority to penalize habitual violators, and to close those 
mines where pattern violations threaten a coal miner's life. That 
authority was not used. That authority was not used. What a travesty.
  MSHA is the Federal agency charged with protecting coal miners. I 
will say that again. MSHA is the Federal agency charged with protecting 
coal miners, but it has scuttled--get that; it has scuttled--18 
initiatives in the last 5 years to update and improve mine safety and 
emergency preparedness. MSHA's leadership has embraced the status quo 
as good enough, and that attitude puts miners' lives at risk.
  In the past, mine disasters such as these have spurred tougher mine 
safety laws. The Farmington, WV, disaster spurred the 1969 Coal Act, 
and subsequent disasters spurred the 1977 Mine Act. Now, I was here at 
the time in both instances. I was in the Senate. This time, the legacy 
of the Sago and Alma mine disasters must be a tougher agency that 
will--will--enforce the law.
  Together with Senator Jay Rockefeller and the West Virginia 
delegation in the House, I am introducing legislation today that is a 
mandate for action. Our legislation does not amend the Mine Act. Our 
delegation takes the position that the Mine Act already provides the 
Secretary of Labor with every authority necessary to prevent these 
kinds of tragedies. Instead, the legislation that I am introducing on 
behalf of myself and Mr. Rockefeller--and which is being likewise 
introduced in the House of Representatives today--our legislation 
directs the Labor Secretary to employ the authorities of the Mine Act. 
It directs the Labor Secretary, within 90 days, to promulgate a series 
of health and safety rules aimed at improving mine safety enforcement 
and emergency preparedness.
  This legislation directs the Labor Secretary to establish a rapid 
notification and response system. This legislation requires coal 
operators to expeditiously notify MSHA of emergencies. Any coal 
operator who fails to expeditiously notify Federal mine safety 
officials will be subject to a $100,000 fine.
  We must reduce the amount of time that is lost between a mine 
emergency and MSHA's notification and arrival on the scene.
  Our legislation directs the Labor Secretary to reassess regulations 
that govern mine rescue teams to ensure that their numbers are 
sufficient and that obstacles to their deployment are minimized. Mine 
rescue teams ought to be able to respond just as local fire departments 
would respond to an emergency. It must not take 11 hours.
  Our legislation requires coal operators to store additional emergency 
breathing supplies underground to sustain miners who may be trapped for 
an extended period. Our legislation requires the Labor Secretary to 
update and improve the rules governing emergency communications 
equipment that would allow miners underground to communicate with 
surface rescue efforts, and allow surface rescue efforts to locate 
miners underground. Never again--never again--should a coal miner or 
any other miner lack access to a reasonable supply of oxygen 
underground or be unable to receive directions from the surface about 
escape routes--never again.
  On the enforcement side, our legislation requires the Labor Secretary 
to create a new $10,000 mandatory and minimum penalty for coal 
operators who display negligence or reckless disregard for safety 
standards. By negligence or reckless disregard, I am talking about coal 
operators who knew or should have known of a dangerous condition or 
practice and failed to take the steps necessary to fix the problem, or 
who displayed conduct which exhibits a deplorable absence of care for 
the safety and health of the miners. If penalties are required in this 
kind of situation, then this statutory floor will help to ensure that 
those penalties will hurt--let me say that again--if penalties are 
required in this kind of situation, then this statutory floor will help 
to ensure that those penalties will hurt, and hurt sufficiently to 
encourage violators to comply with the law.
  Our legislation prohibits the use of belt entries for ventilation in 
contravention of an MSHA regulation issued in 2004, which likely--hear 
me now--which likely played a part in the Alma fire.
  Our legislation creates a science and technology office in the Labor 
Department to help expedite the introduction of the most advanced 
health and safety technologies into the mines, and to ensure that 
Federal mine safety officials are actively pulling from other Federal 
agencies those technologies that can help to protect miners. No 
longer--hear me; hear me now: no longer--should miners be sent 
underground with safety equipment that is decades out of date.
  Our legislation creates the new position of ombudsman in the Labor 
Department's Inspector General's office to allow miners to more easily 
report safety violations. To be effective, such a position requires the 
appointment and the confirmation of someone with at least 5 years--no 
political hack--someone with at least 5 years of expertise in mine 
safety and health. No place for a political hack. A miner should never 
have to feel that he has no options other than to continue to work in a 
dangerous environment.
  Now, I speak from the heart. I grew up in a coal miner's home. My dad 
was a coal miner--a coal miner. I married a coal miner's daughter. 
Loretta Lynn sings a song. She is a coal miner's daughter. Well, my 
wife is a coal miner's daughter. My brother-in-law died of silicosis, 
black lung. His father was killed by a slate fall in a coal mine. So I 
speak from the viewpoint of a coal miner, a coal miner's son.
  For 5 years, the leadership in the Labor Department and the Mine 
Safety and Health Administration has worked against--get that--worked 
against the health and safety needs of coal miners. If we must hold the 
hand of the Labor Department--if we have to hold the hand of the Labor 
Department--and lead it like a stubborn and obstinate child, to force 
it to promulgate rules to implement the Mine Act and save lives, then 
that is exactly what we should do. If this administration and if MSHA 
will not lead, then this Congress must lead, and, if necessary, poke, 
prod, kick, and push MSHA into fulfilling its mandate.
  At this late date, we need more than platitudes--more than 
platitudes--to protect the safety of our Nation's miners. We are not 
just talking about West

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Virginia miners, not just talking about coal miners in West Virginia. 
We need resources. We need swift action. And we need to impress deeply 
upon the psyche of MSHA--they better hear that--impress deeply upon the 
psyche of MSHA and the Nation's coal mine operators that the safety of 
miners will not be compromised for personal profit or for politics.
  Protecting the safety of our miners is a moral responsibility. Hear 
me. Protecting the safety of our miners is a moral responsibility, and 
this legislation will help to make sure that we never, ever forget 
that.
  I send the bill to the desk, a bill by Mr. Byrd for himself and Mr. 
Rockefeller. I ask that it be relayed to the appropriate committee.
  The PRESIDING OFFICER. The bill will be received and appropriately 
referred.
  The minority leader is recognized.
  Mr. REID. Has the Senator from West Virginia yielded the floor?
  Mr. BYRD. Yes, I yield the floor, and I thank the distinguished 
leader.
  The PRESIDING OFFICER. The minority leader is recognized.
  Mr. REID. I had the opportunity to listen to the remarks of Senators 
Byrd and Rockefeller. I wanted to add my remarks about mine safety.
  As I have told the Senator from West Virginia, my father was a miner. 
When I was less than a week old, my father was working in a mine at 
Chloride, AZ. It was a gold mine. It was a vertical. There were two men 
in the hole. That was standard operating procedure at the time. There 
was only one person present to light the holes for obvious reasons. So 
my dad's working companion, a man named Carl Myers, had gone up to the 
next level so he would be away from the dynamite. In those days, they 
didn't have product liability protection, and so my dad had lit 12 
holes. One of them went off early. The fuse ran and blew my dad in the 
air, blew the soles off his shoes, blew his carbide light out. In those 
days, you would take a sinking ladder down in the hole with you, and 
when you would go out, when the holes were burning, you would take it 
up with you. My dad was in a state of shock and didn't know that it had 
blown one of the legs off the ladder. So every time he would try to put 
the ladder down to climb out, he would fall. And he kept falling.
  The man in the next level who heard the 1 hole go off knew there were 
11 others that were supposed to go off and knew my dad hadn't come out. 
This man, Carl Myers, climbed down the hole and, even though he was a 
smaller man than my father, helped my dad out of the hole, drug him up 
to the next level. The other holes went off. My dad went to the 
hospital and spent some time there. But as a result of the heroic feat 
of Carl Myers, who received a medal for heroism for doing what he did, 
my father was able to raise his four boys.
  The reason I mention that to the distinguished Senator from West 
Virginia is mine safety means saving people's lives. Growing up in 
Nevada, my dad worked many times down in the mines alone. That was 
against the law, but he did it all the time. It was against the law, 
but there were no mine inspectors. He was down there alone all the 
time.
  I have watched with interest the rash of mining accidents in West 
Virginia and Kentucky in the last few weeks. I want the Senators from 
West Virginia to know that I will do anything I can legislatively to 
make sure these mines are safe. I speak from experience. Mining is a 
terribly difficult job. That is why there are so many songs written 
about the dangers of mining.
  As I indicated, when I was growing up, my dad didn't have much 
protection from the State. They abandoned Searchlight. There wasn't a 
lot going on, so they didn't watch it very much. A rock fell on the 
head of my dad's best friend. They carried him out of the mine. It 
killed him. He wasn't as fortunate as my dad because his widow raised 
the three Hudgens children alone. There are lots of accidents. These 
things happen.
  Without proper protection, there is no occupation more dangerous than 
being down in a hole.
  I applaud the Senator from West Virginia for protecting his State as 
he always does. But understand also that in faraway Nevada, 2,500 miles 
away, you have a Senator who will do anything possible to make sure 
that in the State of West Virginia and in all places where mining takes 
place, there are Federal regulations in place to protect people like my 
dad.
  Mr. BYRD. Mr. President, if I may be recognized.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Let me thank my friend, the leader, our leader on this side 
of the aisle, who is a gold miner's son. There are not many of us in 
here who are gold miners' sons. I am proud that my leader is a gold 
miner's son. I am proud that he assured us, from his standpoint and 
within his power, that he will do everything possible--and I hope he 
will--to help bring this legislation to the floor. He understands that 
it is needed, and I will welcome his assistance in that regard. I am 
proud of him as a gold miner's son. I am glad he reminds us of this 
from time to time. I believe this legislation is badly needed. I 
implore my leader to do everything he can to see that this bill gets on 
the calendar and gets taken up by the Senate and acted upon promptly.
  I thank all Senators and yield the floor.
  Mr. KENNEDY. Mr. President, I want to express my support for the 
Federal Mine Safety and Health Act of 2006, introduced today by 
Senators Byrd and Rockefeller.
  The recent tragedies at Sago Mine and Alma Mine in West Virginia 
remind us that the safety of the Nation's workers is paramount. Mining 
continues to be extremely hazardous--it has consistently been the first 
or second most dangerous industry in the country. This year we have 
already had 17 mine fatalities, 15 of them in coal mines, and 14 of 
them in West Virginia. And sadly, I understand that two more miners may 
have been killed today.
  Our entire Nation joins their families and communities in mourning 
these fallen miners. We have a continuing obligation to do everything 
we can to protect the safety of America's workers. It is obvious that 
we are not meeting that obligation.
  Two weeks ago, I traveled with Senator Rockefeller, HELP Committee 
Chairman Enzi, and Subcommittee Chairman Isakson to meet with the 
family members of the miners who were killed at Sago Mine, and with 
coalminers, company representatives, and health and safety experts. 
Each of us made a sincere commitment to improving the Nation's mine 
safety laws.
  This legislation provides a vital first step. It requires swift 
action by the Mine Safety and Health Administration to adopt standards 
that are long overdue and bring mine safety standards out of the Stone 
Age and into the 21st century. It will bring stronger enforcement and 
up-to-date technology to every mine in America.
  First and foremost, we need to ensure that the rescue and 
communications technology available to our Nation's miners is the most 
up-to-date available. Coal companies have spent millions on improving 
techniques for extracting coal and metals from the ground, but miners 
still have to rely on oxygen units and phone lines that were developed 
30 years ago. We already know better communications and miner tracking 
technology exists in other countries. It has been available in the 
United States for several years but, despite its proven availability to 
help save miners' lives, only a handful of mines here in the U.S. are 
using it. This bill would create a dedicated office at MSHA to explore 
mine safety technologies and to work with other Federal agencies to 
ensure that our Nation's mines are using the newest and best safety 
equipment.
  While innovation is important, we also need to ensure that we use all 
of the tools available today to keep our Nation's miners safe. Earlier 
this week, 72 workers at a mine in Canada were saved because Canadian 
mines are required to provide adequate stores of oxygen. It's a 
travesty that we aren't doing the same for American miners. This bill 
would require every coal mine in this country to have rescue chambers 
available, with emergency air supplies and breathing devices to help

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keep miners alive while they are waiting for rescue.
  We also need to see that every mine is adequately prepared to respond 
to future emergencies. When miners are trapped underground, every 
minute is precious. Yet our laws and policies do not require mine 
rescue teams to be onsite. All too often it takes hours for rescuers to 
reach a mine and, when they do arrive, they are not familiar with the 
mine's layout. We also are losing experienced miners to work on these 
teams, as the average age of rescue workers is rising. The number of 
trained rescuers is decreasing, even as demand for coal production 
increases.
  This legislation would require coal companies to have onsite rescue 
teams employed by the mine, who are familiar with the layout of the 
mine and are at the ready in the case of an emergency. It also directs 
the Secretary of Labor to develop requirements for the training and 
qualifications of mine rescue workers, and the equipment and technology 
used in mine rescues.
  We also need to ensure that our penalties are a significant deterrent 
to mine operators who continually violate the law. Sago Mine had an 
injury rate nearly three times that of the national average and had 
been cited by MSHA for over 200 safety violations in 2005. Nearly half 
of these were ``serious and substantial''--meaning that the violations 
had the potential to lead to serious injury. Eighteen of the violations 
were so serious that they led to partial closures of the mine.
  I know that President Bush has proposed raising maximum fines for the 
most flagrant violations from $60,000 to $220,000. But this ignores the 
critical failures of our minimum penalties, which are so low as to be 
toothless. It is difficult to believe that penalties lower than traffic 
tickets will deter companies that make millions of dollars in profits 
each year. This legislation would ensure that willful and negligent 
violators of the law would face a minimum fine of $10,000. Mine 
operators who fail to immediately notify MSHA of an emergency face 
fines of up to $100,000.
  This bill starts a long overdue process to improve the safety of our 
Nation's miners. We must act before another tragedy like those at the 
Sago and Alma Mines occurs. I commend Senator Byrd and Senator 
Rockefeller and the West Virginia Delegation for crafting this 
legislation. And I join them in asking my colleagues to support its 
swift passage.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 2233. A bill to reform and improve the regulation of lobbying and 
congressional ethics; to the Committee on Rules and Administration.
  Mrs. FEINSTEIN. Mr. President, I am introducing legislation today 
that reforms and improves the regulation of lobbying and raises 
congressional ethics standards.
  There is a perception in America that members of Congress care less 
about the public interest and more about advancing their own personal 
and financial interests. We need to make fundamental changes in how we 
permit lobbyists to influence legislation, hearings, appropriations, 
and our general oversight of the Executive Branch.
  The Democratic leadership bill to reform lobbying rules, the Honest 
Leadership and Open Government Act, which I am cosponsoring, contains 
sensible enough reforms.
  Rather than standing pat, the measure I am introducing today is 
tougher medicine. I believe it will go a long way to changing the view 
of constituents that Congress is corrupt and ethically challenged.
  The measure: institutes a Congress-wide two year ban on Senators, 
House members and their staffs lobbying Capitol Hill; takes a zero 
tolerance approach to lobbyist offered sports and entertainment tickets 
and meals; prohibits any lobbyist sponsored, or paid for, travel; and 
eliminates the option of registered lobbyists working in any capacity 
for a Senator's or House Member's election campaigns or fundraising 
operations.
  A New York Times poll this past Friday sums up, in stark terms, 
public perceptions of Congress.
  When asked ``Do you think that recent reports that lobbyists may have 
bribed members of Congress are isolated incidents or is this the way 
things work in Congress'', 77 percent of the respondents said bribing 
is the ``way things work'' in Congress. The survey indicates a 61 
percent disapproval rating of Congress as well.
  One poll participant, Mr. Donald Pertius from Arkansas, commented 
that ``It seems like the integrity of Congress Members in the last few 
years has just gone to pot.''
  A key step, that will go a long way to clearing up the perception 
that individuals leaving the Hill immediately trade on their contacts 
and friendships, is a two year Congress-wide ban on lobbying for 
Members and staff once they leave their jobs.
  Members and staff make a beeline for K Street when they leave the 
Hill. According to the New York Times, 50 percent of the 36 Senators 
retired since 1998 and 40 percent of the 162 House Members have signed 
up as lobbyists.
  The Democratic leadership bill, and from what I understand the 
Republican measure being drafted, restricts staff from lobbying their 
former offices. That is good but we need to go further.
  We need to change the minds of people across America that working in 
the Senate or House is about a commitment to public service--not a 
revolving door to cashing in as a private sector lobbyist.
  On another front, numerous Senate and House campaigns have registered 
lobbyists as Treasurers for Members' PACs and in other key finance 
roles. It's another backdoor way for a lobbyist to insinuate his or her 
way into a politician's inner circle.
  Published reports confirm that 71 lawmakers now list lobbyists as 
treasurers to their PACs or their campaign committees, nearly a 
fivefold increase since 1998. We need to make a clean break from this 
kind of collaboration that's fast on the rise.
  The legislation I am introducing prohibits the formation of any 
political committee by a politician if a person registered as a 
lobbyist is formally affiliated with such an entity. Alex Knott at the 
Center for Public Integrity stated in the Wall Street Journal last week 
that ``By putting a lobbyist in charge of your political operations, 
you are conflicted from the start.'' He's absolutely correct.
  Senators, House Members, their staffs and lobbyists alike ought to 
brace themselves for major change. The old rules and regulations that 
govern Washington are due for overhaul, and I believe that the two 
comprehensive leadership bills will represent a good start to that 
process. I hope my colleagues are receptive to even more stringent 
efforts, in the form of this legislation I am introducing today, and 
look forward to the full Senate debate on this issue in the coming 
months.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2233

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lobbyist Reform Act of 
     2006''.

     SEC. 2. TWO-YEAR TOTAL BAN ON LOBBYING BY MEMBERS OF CONGRESS 
                   AND EMPLOYEES OF CONGRESS.

       Subsection (e) of section 207 of title 18, United States 
     Code, is amended to read as follows:
       ``(e) Restrictions on Members of Congress and Officers and 
     Employees of the Legislative Branch.--
       ``(1) In general.--
       ``(A) Prohibition.--Any person who is a Member of Congress, 
     an elected officer of either House of Congress, or an 
     employee of a House of Congress and who, within 2 years after 
     that person leaves office, knowingly makes, with the intent 
     to influence, any communication to or appearance before any 
     of the persons described in subparagraph (B), on behalf of 
     any other person (except the United States) in connection 
     with any matter on which such former Member of Congress or 
     elected officer seeks action by a Member, officer, or 
     employee of either House of Congress, in his or her official 
     capacity, shall be punished as provided in section 216 of 
     this title.
       ``(B) Contact persons covered.--The persons referred to in 
     subparagraph (A) with respect to appearances or 
     communications are

[[Page 526]]

     any Member, officer, or employee of either House of Congress, 
     and any employee of any other legislative office of Congress.
       ``(2) Definitions.--As used in this subsection--
       ``(A) a person is an employee of a House of Congress if 
     that person is an employee of the Senate or an employee of 
     the House of Representatives;
       ``(B) the term `employee of the House of Representatives' 
     means an employee of a Member of the House of 
     Representatives, an employee of a committee of the House of 
     Representatives, an employee of a joint committee of Congress 
     whose pay is disbursed by the Clerk of the House of 
     Representatives, and an employee on the leadership staff of 
     the House of Representatives;
       ``(C) the term `employee of the Senate' means an employee 
     of a Senator, an employee of a committee of the Senate, an 
     employee of a joint committee of Congress whose pay is 
     disbursed by the Secretary of the Senate, and an employee on 
     the leadership staff of the Senate;
       ``(D) the term `Member of Congress' means a Senator or a 
     Member of the House of Representatives; and
       ``(E) the term `Member of the House of Representatives' 
     means a Representative in, or a Delegate or Resident 
     Commissioner to, Congress.''.

     SEC. 3. BAN ON GIFTS FROM LOBBYISTS.

       Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the 
     Senate is amended by adding at the end the following: ``This 
     clause shall not apply to a gift from a lobbyist.''.

     SEC. 4. PROHIBITION ON PRIVATELY FUNDED TRAVEL.

       Paragraph 2(a)(1) of rule XXXV of the Standing Rules of the 
     Senate is amended by striking ``an individual'' and inserting 
     ``an organization recognized under section 501(c)(3) of the 
     Internal Revenue Code of 1986 that is not affiliated with any 
     group that lobbies before Congress''.

     SEC. 5. REGISTERED LOBBYISTS PROHIBITED FROM SERVING ON 
                   AUTHORIZED POLITICAL COMMITTEES.

       Subsection (d) of section 302 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 432(e)) is amended by adding 
     at the end the following new paragraph:
       ``(6) No political committee may be designated as an 
     authorized committee if a person registered as a lobbyist 
     under section 4 of the Lobbying Disclosure Act of 1995 is 
     formally affiliated with such committee.''.
                                 ______
                                 
      By Mr. MARTINEZ (for himself and Mr. Nelson of Florida):
  S. 2239. A bill to prohibit offshore drilling on the outer 
Continental Shelf off the State of Florida, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. MARTINEZ. Mr. President, I rise today to join my colleague from 
Florida, Senator Bill Nelson, in introducing the Permanent Protection 
for Florida Act of 2006.
  I believe this bipartisan legislation will provide Florida's pristine 
coastline, beaches, and our critical military training area with 
strong, permanent protections--while at the same time providing limited 
oil and gas exploration in areas that have traditionally been under 
Presidential moratoria.
  Our Nation is struggling with crippling energy prices and the growing 
pressure to explore off Florida's coast has never been greater than 
now. Instead of sitting on the sidelines and waiting for others to 
dictate the terms of oil and gas operations on our coast, we felt 
compelled to offer an alternative that will protect our State's 
interests in perpetuity.
  This legislation offers historic protections that would create a 
Florida Exclusion Zone--a buffer area extending 150 miles south of the 
Panhandle that would also place the Florida Straits and Atlantic Coast 
permanently off limits to oil and gas exploration.
  All leases inside the Florida Exclusion Zone would be relinquished or 
removed in exchange for royalty forgiveness on active leases in the 
Central and Western Gulf of Mexico. These relinquished leases must also 
be environmentally restored to their original condition. In addition, 
the Permanent Protection for Florida Act would remove the mandatory 
inventory of the Outer Continental Shelf and extend the current 
Presidential moratorium through 2020.
  This bill sends a message that is loud and clear--Florida's waters 
are off limits. Florida's leaders have worked too long and too hard on 
building up these protections just to have them disappear during a 
brief moment of high energy prices. We have a lot at stake and it is 
time to solidify our protections into law.
  I believe these historic protections will garner significant support 
from our State's congressional delegation and coastal members of 
Congress that are concerned with resource exploration off their coasts.
  I urge those that are looking for bipartisan solutions to energy 
exploration to join with me and my colleague Senator Nelson in 
supporting this legislation.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce with 
my fellow Senator from Florida, Mel Martinez, legislation we believe 
will enhance our Nation's military preparedness, while also protecting 
the State of Florida's economy from harm by oil drilling.
  It could be said that debate on this issue began 37 years ago last 
month. It was in January 1969 when an explosion at an offshore drilling 
site caused a 200,000-gallon crude oil spill off California's coast. 
While small in comparison to other spills, that incident dealt a 
devastating blow to neighboring beaches and aquatic life.
  As tides brought an 800-square-mile slick ashore, oil coated 35 miles 
of the coastline, blackening beaches and killing thousands of birds, 
dolphins, seals, fish and other wildlife. A national outcry followed, 
and sparked a movement that led to legal bans on drilling on the Outer 
Continental Shelf, including the eastern Gulf of Mexico off of Florida.
  Unfortunately, this past year has seen a number of legislative and 
administrative attempts to undo this longstanding ban--without a cause 
that is worth the risk.
  In fact, Senator Martinez and I have been fighting an almost daily 
battle to protect our State's tourism economy, which is heavily 
dependent on our beautiful beaches and abundant fisheries. At the same 
time, we have been fighting to preserve our military's vital testing 
and training sites there in the eastern gulf.
  The Martinez-Nelson Permanent Protection for Florida Act will forever 
safeguard the State's tourism-dependent economy from offshore drilling, 
while also removing active drilling leases in the eastern gulf. It 
creates the Florida Exclusion Zone, which will extend out at least 260 
miles off much of the State's west coast, and at least 150 miles off 
the Florida Straits and all the way around the entire east coast.
  In short, our proposal will protect Florida's economy and its 
environment; and, at the same time, enhance our Nation's military 
preparedness. We, therefore, expect to receive strong support from the 
Florida Congressional Delegation.
  We also expect to receive support from our fellow Senators 
representing other coastal States. That is because we are fighting not 
only to protect Florida, but many other environmentally fragile areas 
along our Nation's coastline. In fact, a key provision of our bill 
extends the Outer Continental Shelf moratorium from 2012 to 2020.
  Senator Martinez and I speak as one on this issue, and, together, we 
believe we can accomplish great things for Florida and the country. We 
ask our colleagues to recall with us the words of former President 
Teddy Roosevelt, who, in essence, said, ``A nation that destroys its 
environment destroys itself.''
  We look forward to working with the Chairman and Ranking Member of 
the Energy Committee, and the rest of our colleagues, to enact this 
legislation as soon as possible.

                          ____________________