Madam Speaker, I thank the chairwoman of the Rules Committee, Ms. Slaughter, for yielding me the customary 30 minutes. I yield myself as much time as I may consume. (Mr. HASTINGS of Washington asked…
Madam Speaker, I thank the chairwoman of the Rules Committee, Ms. Slaughter, for yielding me the customary 30 minutes.
I yield myself as much time as I may consume.
(Mr. HASTINGS of Washington asked and was given permission to revise and extend his remarks.)
Madam Speaker, it is imperative that the over 200,000 miners in the United States work in a safe environment. Tragedies in recent years have highlighted the need to improve mine safety. In an effort to improve mine safety and prevent future tragedies, I was pleased that in 2006 the Senate unanimously, and the House overwhelmingly, passed the Mine Improvement and New Emergency Response (MINER) Act, which was signed into law. This comprehensive, overwhelmingly bipartisan law represented a significant step, the first in some 30 years, forward in improving mine safety. But, Madam Speaker, it's unfortunate that today Democrat leaders have put bipartisanship aside and brought forth a rule to allow the House to consider legislation that threatens to jeopardize, not improve, meaningful achievements and efforts currently under way.
The MINER law of 2006 is still being implemented, and to date, the Mine Safety and Health Administration has met all of its statutory deadlines in implementing the new law. However, Democratic leaders have chosen to bring forth the Supplemental Mine Improvement and New Emergency Response Act, which ignores the progress that has been made, and further, provides no opportunity for stakeholder participation in the regulatory process and imposes unrealistic time requirements on employers.
In addition, it is concerning that this bill would allow technology to be placed in mines that has not been deemed ``intrinsically safe'' by the Mine Safety and Health Administration. This has the potential, Madam Speaker, to result in serious safety issues, such as maybe an explosion.
Another major safety concern is that this bill creates a two-tiered notification system in the event of an accident, with one set of reportable incidents being subject to be reported within 15 minutes and another set within an hour. Madam Speaker, current law requires a mine operator to call the Mine Safety and Health Administration within 15 minutes of a reportable incident or face a fine. This new confusing tiered system could potentially lessen protection to miners.
Lastly, this bill does not empower all miners to participate in the development of safety policies and procedures through the formation of safety teams. Currently, miners who are not part of a union can be prohibited from working with management to promote safety. Representatives Kline of Minnesota and Wilson of South Carolina will be offering a substitute amendment later to end this discrimination between union and nonunion employees. All miners should be able to have a say when it comes to their safety, and this bill fails to do that.
Before enacting additional legislation that could be counterproductive, Congress should allow current law to be fully implemented. Congress should also review the law first before dictating mine safety regulations that fail to advance safety, potentially threatens jobs, and impose over $1 billion in unfunded mandates on the mining industry.
So, Madam Speaker, I urge my colleagues to vote against this rule and the underlying legislation.
Madam Speaker, I reserve the balance of my time.
I do have another speaker.
At this time, I would like to recognize the ranking member of the Workforce Committee, Mr. McKeon, for 5 minutes.
Madam Speaker, I yield myself the balance of my time.
Madam Speaker, for the last several months, Republicans have highlighted the need to change the House rules in order to restore accountability and enforceability to the earmark rule.
Clearly, the rules are flawed when it comes to enforceability of earmarks. House Republicans believe every earmark should be debatable on the House floor, but time after time Members have been denied the opportunity to challenge earmarks during consideration of the rule and the bill.
Over the last several months, we have learned that the earmark rule does not apply when considering amendments between the Houses. This loophole has prevented numerous earmarks from being challenged in the energy bill, the State Children's Health Insurance Program expansion legislation, and the omnibus bill, which contained nearly 9,000 earmarks, including at least 150 earmarks that were air-dropped in the bill at the last minute.
Madam Speaker, in October Parliamentarian John Sullivan sent a letter to Chairwoman Slaughter confirming that the current rules are flawed as they relate to earmarks. In his letter, he states the earmark rule ``does not comprehensively apply to all legislative propositions at all stages of the legislative process.''
Madam Speaker, I will insert this letter from House Parliamentarian John Sullivan into the Record.
House of Representatives,
Office of the Parliamentarian,
Washington, DC, October 2, 2007.
Hon. Louise McIntosh Slaughter,
Committee on Rules, House of Representatives, Washington, DC
Dear Chairwoman Slaughter: Thank you for your letter of
October 2, 2007, asking for an elucidation of our advice on
how best to word a special rule. As you also know, we have
advised the committee that language waiving all points of
order ``except those arising under clause 9 of rule XXI''
should not be adopted as boilerplate for all special rules,
notwithstanding that the committee may be resolved not to
recommend that the House waive the earmark-disclosure
requirements of clause 9.
In rule XXI, clause 9(a) establishes a point of order
against undisclosed earmarks in certain measures and clause
9(b) establishes a point of order against a special rule that
waives the application of clause 9(a). As illuminated in the
rulings of September 25 and 27, 2007, clause 9(a) of rule XXI
does not comprehensively apply to all legislative
propositions at all stages of the legislative process.
Clause 9(a) addresses the disclosure of earmarks in a bill
or joint resolution, in a conference report on a bill or
joint resolution, or in a so-called ``manager's amendment''
to a bill or joint resolution. Other forms of amendment--
whether they be floor amendments during initial House
consideration or later amendments between the Houses--are not
covered. (One might surmise that those who developed the rule
felt that proposals to amend are naturally subject to
immediate peer review, though they harbored reservations
about the so-called ``manager's amendment,'' i.e., one
offered at the outset of consideration for amendment by a
member of a committee of initial referral under the terms of
a special rule.)
The question of order on September 25 involved a special
rule providing for a motion to dispose of an amendment
between the Houses. As such, clause 9(a) was inapposite. It
had no application to the motion in the first instance.
Accordingly, Speaker pro tempore Holden held that the special
rule had no tendency to waive any application of clause 9(a).
The question of order on September 27 involved a special rule
providing (in pertinent part) that an amendment be considered
as adopted. Speaker pro tempore Blumenauer employed the same
rationale to hold that, because clause 9(a) had no
application to the amendment in the first instance, the
special rule had no tendency to waive any application of
clause 9(a).
The same would be true in the more common case of a
committee amendment in the nature of a substitute made in
order as original text for the purpose of further amendment.
Clause 9(a) of rule XXI is inapposite to such an amendment.
In none of these scenarios would a ruling by a presiding
officer hold that earmarks are or are not included in a
particular measure or proposition. Under clause 9(b) of rule
XXI, the threshold question for the Chair--the cognizability
of a point of order--turns on whether the earmark-disclosure
requirements of clause 9(a) of rule XXI apply to the object
of the special rule in the first place. Embedded in the
question whether a special rule waives the application of
clause 9(a) is the question whether clause 9(a) has any
application.
In these cases to which clause 9 of rule XXI has no
application in the first instance, stating a waiver of all
points of order except those arising under that rule--when
none can so arise--would be, at best, gratuitous. Its
negative implication would be that such a point of order
might lie. That would be as confusing as a waiver of all
points of order against provisions of an authorization bill
except those that can only arise in the case of a general
appropriation bill (e.g., clause 2 of rule XXI). Both in this
area and as a general principle, we try hard not to use
language that yields a misleading implication.
I appreciate your consideration and trust that this
response is to be shared among all members of the committee.
Our office will share it with all inquiring parties.
Sincerely,
John V. Sullivan,
Parliamentarian.
.Madam Speaker, today I will be asking my colleagues to vote ``no'' on the previous question so that I can amend the rule in order to close the loopholes and restore accountability and enforceability to the House earmark rules.
Madam Speaker, I ask unanimous consent that the text of the amendment and extraneous material be inserted into the Record prior to the vote on the previous question.
Madam Speaker, I urge my colleagues to vote ``no'' on the previous question, oppose the rule.
Madam Speaker, I yield back the balance of my time.