[Congressional Record (Bound Edition), Volume 152 (2006), Part 6]
[Senate]
[Pages 8168-8169]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    PROTECTING AMERICA'S MINERS ACT

  Mr. KENNEDY. I am proud to have introduced the Protecting America's 
Miners Act.
  The need for this legislation is clear. This year began with the 
terrible tragedies at the Sago and Alma mines in West Virginia. Within 
days of the new year, 14 coal miners had died. In February, I went to 
West Virginia to meet with some of the families of the men who died. It 
was one of the most moving visits I have had in my career in the 
Senate. I left West Virginia with renewed commitment to passing 
legislation this year to improve safety and health conditions in our 
Nation's mines. The expert testimony at the HELP Committee hearing on 
mine safety in March only reinforced my commitment.
  I was also deeply moved earlier this month by the West Virginia 
hearings on the Sago mine disaster and Randal McCloy's letter to his 
fallen coworkers' families about the conditions in the mine after the 
explosion. We have lost 26 coal miners so far this year--more than died 
in all of last year. The victims of these disasters and of prior 
disasters, like the explosion at Jim Walters No. 5, deserve nothing 
less than our dedication to making sure that they did not die in vain. 
The best way we can honor those fallen miners is to act on what we have 
learned. This bill is an important step in fulfilling that commitment.
  There are many things we may still learn from these tragedies. But 
some lessons are already clear. We have not done enough to provide 
miners with oxygen and communications needed to survive an emergency. 
We must strengthen our safety enforcement so

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companies cannot treat safety violations as simply the cost of doing 
business. The average fine at the Sago mine was just $156 dollars--less 
than most parking tickets. And many safety and health standards are 
woefully outdated.
  To address these lessons, this bill requires warning systems to alert 
miners when the air in the mine is becoming dangerous, before a 
disaster occurs; the most up-to-date communications and tracking 
technology in mines as soon as possible so rescuers can locate and 
direct miners in an emergency; more oxygen stored in mines so miners 
can survive until they can evacuate or are rescued; rescue chambers so, 
as a last resort, if miners cannot evacuate, they can safely await 
rescue in the mine; and increased penalties for repeat violators and 
minimum penalties.
  In addition, some very specific problems at the Sago mine came to 
light during the hearings this month in West Virginia, such as 
ineffective equipment, lack of communications, and families' exclusion 
from the investigation process. To address this, the bill requires 
companies to check on the reliability of the oxygen stored for use in 
an emergency; independent investigations and public hearings on serious 
accidents; and an opportunity for victims' families to participate in 
accident investigations.
  This bill not only tries to learn from past disasters but also looks 
to the future. The bill includes a program to help MSHA replace its 
aging inspector workforce. These new safety standards will do no good 
if MSHA cannot properly staff its inspection teams to ensure that the 
new standards are being enforced. It also directs Federal research 
dollars where they are most urgently needed--to develop better 
breathing apparatus, communications technology, atmospheric warning 
systems, and mine rescue technology.
  We have a responsibility as Members of Congress to see that our mine 
safety laws make our mines the safest in the world. I urge my 
colleagues to support the Protecting America's Miners Act.

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