[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[Senate]
[Pages 8938-8939]
[From the U.S. Government Publishing Office, www.gpo.gov]




             UNANIMOUS-CONSENT REQUEST--EXECUTIVE CALENDAR

  Mr. McCONNELL. Mr. President, I rise today because five families in 
Harlan County in the Commonwealth of Kentucky suffered a devastating 
and tragic loss this past weekend. As many of our colleagues are aware, 
an explosion rocked the Kentucky Darby Mine No. 1 around 1:30 Saturday 
morning.
  According to news reports, the blast occurred nearly a mile 
underground near a sealed-off area of the mine. The force of the 
explosion was so powerful it caused damage over 5,000 feet up at the 
mine opening.
  Five miners were killed. Their families are, of course, completely 
devastated, and the entire community is struggling for answers in the 
face of such a catastrophe, an unexpected tragedy that is so 
overwhelming it breaks your heart and almost leaves you numb.
  There is one ray of light in this otherwise very dark episode. One 
miner, a man named Paul Ledford of Dayhoit, KY, managed to escape the 
blast. He was injured but reportedly was still able to walk out of the 
mine on his own two feet. After a short stay in the hospital, he was 
released, and I am sure his family is thrilled that he survived the 
catastrophe.
  The Darby mine explosion brings this year's total number of deaths 
from mining accidents in Kentucky to 10, double what it was just 72 
hours ago. Thank goodness Paul Ledford's name is not on that list.
  But these Kentuckians' names are: Paris Thomas, Jr., 53, of 
Closplint; George William Petra, 49, of Kenvir; Jimmy B. Lee, 33, of 
Wallins Creek; Amon ``Cotton'' Brock, 51, of Closplint; and Roy 
Middleton, 35, of Evarts. All were lost in this explosion Saturday.
  The Harlan County coroner's report indicates that Amon Brock and 
Jimmy Lee were killed instantly by the tremendous force of the 
explosion. The other three survived long enough to put on breathing 
devices, but still died of carbon monoxide poisoning.
  Their loved ones will never forget the last time they saw them before 
they descended into the mines. Nor will they forget the calamity that, 
sadly, added their names to this list. Neither should we ever forget 
them.
  The authorities are still investigating the cause of this accident. 
Some accidents are, unfortunately, entirely unpreventable. But other 
accidents are all the more horrific because they could have been 
prevented. When it comes to the second type, this Senate can and must 
act to prevent them. The list of Kentucky mining deaths is too long 
already.
  I am sure my colleagues, Senator Rockefeller and Senator Byrd, will 
agree that the list of West Virginia names is too long as well. Every 
American watched the terrible events at the Sago mine this past 
January, when 12 miners were killed.
  The Senate should act quickly by passing S. 2803, the Mine 
Improvement and New Emergency Response Act of 2006, of which, I am 
happy to say, I am a cosponsor.
  This measure, drafted by Senators Enzi and Kennedy, was unanimously 
reported out of the HELP Committee last week, and the Senate should 
move expeditiously to pass this legislation. It is the most 
comprehensive package of miner-safety legislation in a generation. Once 
it is fully implemented, the brave men and women who descend in the 
darkness to provide the rest of us with light and heat will have safer 
working conditions than ever before.
  The MINER Act, as it is called, will require mining companies to 
submit to the Mine Safety and Health Administration, MSHA, up-to-date 
emergency preparedness and response plans. The plans must be adapted to 
each individual mine, and MSHA must review and recertify them every 6 
months. As conditions change, so must the response plans in order to 
best protect our miners.
  The bill will require the mining companies to put in place state-of-
the-art, two-way wireless communications and electronic tracking 
systems. Mine rescue team response will be both faster and safer.
  The bill will require every miner to have at least 2 hours of oxygen 
on hand and stores of oxygen to be stashed every 30 minutes along 
escape routes for evacuating miners. Randal McCloy, Jr., the only miner 
who survived the Sago tragedy, has reported that at least four of his 
fellow miners' air packs were faulty, leaving the team without enough 
air.
  Given the fact that three of the miners in the Darby mine died with 
their breathing masks on, it seems the same thing happened yet again in 
Kentucky this weekend. That is unacceptable and must not be tolerated.
  The bill will give the Secretary of Labor new, stronger enforcement 
powers to ensure the mines are in compliance. The Secretary will have 
the authority to shut down a mine for failing to meet the Department's 
orders, and the bill raises penalties significantly for serious 
violations.
  The bill will also clarify that mine safety rescue teams are not 
liable for any injuries or deaths that may happen due to rescue 
activities. This is important because up to now, some mining companies 
have hesitated to have mine rescue teams for fear of being sued. This 
provision of the bill will ensure the mining companies have the 
incentive to put a mine rescue team in place.
  Finally, the bill will create grant programs to improve safety 
training, direct studies of safety techniques, and create an 
interagency group to facilitate the development of new safety 
technologies and activities.
  I understand this may not be the perfect bill. Not everyone has 
gotten everything in it they want. But it represents the best, most 
comprehensive approach to this problem in many years. In fact, both the 
National Mining Association and the United Mine Workers of America have 
endorsed it. That ought to tell you something right there. These two 
groups don't agree on things very often, so I am sure my colleagues can 
see how their agreement is a signal that the MINER Act is the 
breakthrough that we have been waiting for.
  It is too late for us to do anything for the five Kentucky miners who 
died this Saturday. Right now the healing for their families and that 
community is happening in Harlan County. I was touched by an article I 
read today about a memorial service that took place at the Closplint 
Church of God in Clospint, KY, just 10 miles down the road from the 
Darby mine. The Rev. Frank Howard led a prayer for the victims' 
families. He said, ``We're a coal community, and we need to lift each 
other up.''
  I know the people of Harlan County well. And I am sure of this: They 
certainly do have the strength to lift each other up in this hour of 
anguish. And when they need help, they will get it. It will pour in 
from every corner of Kentucky and beyond.
  So we here in the Nation's Capital must also do our part. When this 
Government acts swiftly and with purpose, we can uplift the fortunes of 
many who may otherwise be cursed to suffer in despair. By passing this 
legislation, we can lessen the burden on others who work in the mines 
and their families by letting them know that we are listening and doing 
everything we can.
  It is my understanding that efforts are underway on both sides to get 
this legislation cleared, we hope, as soon as tomorrow. But there is 
one other thing we ought to do. I was looking at the Executive 
Calendar. I noticed that the

[[Page 8939]]

MSHA, the Mine Safety and Health Administration, is without a Director, 
and not because the HELP Committee has not acted. On March 8, 2006, the 
HELP Committee reported out an individual from West Virginia to be 
Director of the Mine Safety and Health Administration. His nomination 
has been languishing on the calendar for 2\1/2\ months. I can't think 
of a worse time to have MSHA without a permanent Director than now. We 
have had a raft of coal mine deaths this year in West Virginia and 
Kentucky. With coal production up and coal prices up, it is a virtual 
certainty that more and more coal is going to be mined. Therefore, more 
and more miners will be involved in mining coal. We need a permanent 
Director of MSHA, and we need to pass the legislation I hope we will 
pass tomorrow.
  I know there has been a hold on the MSHA Director nomination on the 
other side of the aisle. I have been told that there will be an 
objection yet again today. But I want to plead with those from the 
other side who may believe that this is not the perfect nominee--he is 
the nominee, nominated by the President, reported out of the HELP 
Committee. If he were to be drawn down and this whole process were to 
be started all over again, we wouldn't have an MSHA Director for months 
and months into the future. We need a permanent Director of the Mine 
Safety and Health Administration.
  Bearing that in mind, I ask unanimous consent that the Senate now 
proceed to executive session for the consideration of Calendar No. 553, 
the nomination of Richard Stickler of West Virginia to be the Assistant 
Secretary of Labor for Mine Safety and Health; provided further that 
the nomination be confirmed, the motion to reconsider be laid upon the 
table, the President be immediately notified of the Senate's action, 
and the Senate resume legislative session.
  Before the Chair rules, as I have indicated already, let me say 
again, this nominee has been reported out of the HELP Committee. He has 
been on the calendar since March 8 of this year. MSHA is without a 
permanent Director, and I would hope that my unanimous consent request 
will not be objected to.
  The PRESIDING OFFICER. Is there objection?
  Mr. BINGAMAN. Mr. President, on behalf of the Democratic leader, I 
have been requested to object, and I do object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. SESSIONS. Mr. President, if the Senator from Kentucky will yield 
for a question, just a few years ago, not long after 9/11, we had the 
Brookwood mine disaster in Alabama, where 13 miners lost their lives. 
Basically, like the firemen in New York, they were responding to help 
someone in need, another miner that they believed needed help in an 
emergency, and lost their lives in a rescue attempt. It was a very 
emotional time for me and the families and the town. We were joined on 
that occasion at the Brookwood mine area by the Secretary of Labor, 
Elaine Chao. I want you to know how proud I was of her that night. She 
went over to the union hall.
  She had to be up at 5 o'clock the next morning to catch a flight. But 
she stayed there almost 2 hours meeting and talking with the victims of 
that disaster. I was able to call just Friday several family members 
and others who were involved in that to tell them of the passage of 
this piece of legislation out of committee. They were very excited 
about it--a lawyer for the union official, families of people who were 
killed in that disaster. As the Senator said, the price of coal is up. 
The demand for energy is up. We are going to be doing more mining. This 
legislation will clearly be a step forward into making those mines 
safer. I thank him for those comments. I hope we can move rapidly.
  Mr. McCONNELL. Mr. President, before yielding the floor, I thank my 
friend from Alabama. I hope this legislation will clear the Senate 
sometime tomorrow. I know people are working on both sides of the aisle 
to get it cleared. It should not be controversial. After all, it came 
out of committee unanimously. It is supported by the National Mining 
Association and the UMWA. We need to get that bill passed.
  I hope, also, we can get a permanent Director of MSHA. It is without 
a permanent Director at a very important time in the life and safety of 
our Nation's coal miners.
  Mr. SESSIONS. Mr. President, I certainly agree with that. I just ask 
that when the Senator gets home tonight, he thank the Secretary of 
Labor for the good work she has given to the committee in helping us 
pass this legislation.
  Mr. McCONNELL. Mr. President, I yield the floor.

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