Mr. Chairman, I thank Congressman McKeon very much for the introduction. I appreciate his leadership on the committee. I speak in opposition to the bill and in favor of mine safety, as fully explained by the Statement of Administration…
Mr. Chairman, I thank Congressman McKeon very much for the introduction. I appreciate his leadership on the committee.
I speak in opposition to the bill and in favor of mine safety, as fully explained by the Statement of Administration Policy dated January 15, 2008, from the Office of Management and Budget.
In 2006, the President signed the Mine Improvement and New Emergency Response, MINER, Act, the most significant mine safety legislation in nearly 30 years. The administration has worked with miners, mine owners, miners' representatives, and other stakeholders in the mining industry to meet the safety improvement goals set forth in the original MINER Act, including issuing regulations to strengthen emergency mine evacuation practices, improve the strength requirements for seals, and increase civil penalties. In addition, on December 26, 2007, the President signed the Omnibus Appropriations Act, which mandates additional rulemaking on belt air and refuge chambers on rigorous timetables.
H.R. 2768, the Supplemental Mine Improvement New Emergency Response Act, the S-MINER bill, would place in jeopardy meaningful achievements and efforts currently under way as a result of these measures. In particular, several of the regulatory mandates in the S-MINER bill would weaken several existing regulations and overturn regulatory processes that were required by the MINER Act and are ongoing.
These changes would provide no opportunity for stakeholder participation in the regulatory process and would impose burdensome and unrealistic time requirements. The S-MINER bill would also fundamentally change the investigation of mining accidents and jeopardize the ability to hold mine operators accountable for violations of mine safety regulations.
For these reasons, the administration strongly opposes House passage of the bill. If H.R. 2768 were presented to the President in its current form, the President's senior advisers would recommend he veto the bill.
The S-MINER bill requires new regulations on the strength of mine seals, even though a new emergency temporary standard on mine seals was issued in May 2007 and a final regulation will be issued in February 2008. To reopen this process would cause confusion within the industry and put on hold improvements already being made to underground mine seals.
The S-MINER bill would weaken current regulations requiring a mine operator to contact the Mine Safety and Health Administration, MSHA, within 15 minutes of a serious accident by creating a new two-tiered notification system of 15 minutes or 1 hour, depending on the severity of the incident.
Of particular concern is a provision requiring the MSHA to adopt the recommended exposure limits issued by the National Institute for Occupational Safety and Health as permissible exposure limits, PELs. This provision overturns a Federal court decision that requires agencies like the MSHA to perform a risk assessment prior to issuing a PEL. This provision would mandate the adoption of potentially hundreds of PELs without any input from stakeholders and without determination of whether the PEL is economically and technologically feasible.
The S-MINER bill would allow a stakeholder to challenge a PEL only after its issuance. This process undermines the rigor of the normal rulemaking process and places the burden
of proof of technological and economic feasibility on stakeholders instead of the Department of Labor.
The S-MINER bill would potentially quadruple the number of investigations into multi-injury or multifatality accidents by adding a requirement for another investigation by an independent investigative team and by giving the Chemical Safety Board, as well as the Office of the Inspector General within the Department of Labor, the right to investigate mine accidents. These provisions undermine the government's ability to hold accountable mine operators who violate mine safety and health regulations since multiple investigations potentially using different methodologies and reaching different conclusions could prejudice the government's ability to prosecute civil or criminal investigations of mine safety and health standards that contributed to or exacerbated an accident.
Current law gives MSHA the sole authority to investigate mine accidents, and when MSHA investigators uncover possible criminal violations, they identify the necessary enforcement action to take against a mine operator and make an appropriate referral to the Department of Justice.
Mr. Chairman, I have an amendment made in order under the rule.
I yield myself such time as I may consume. Mr. Chairman, I rise in support of mine safety and in opposition to this bill.
The Wilson/Kline amendment combines the key elements of the Wilson amendment offered in committee with the important safety teams amendment also considered during markup. There is much that we do not know about the tragedy of Crandall Canyon. It would be premature to legislate on many of these issues until the Crandall Canyon investigation is complete. Once the investigation is complete, we can determine if any further initiatives are necessary. It also should be noted that few, if any, of the provisions in the underlying legislation would have had any impact in preventing the accident in Utah this summer.
Our amendment would require the Department of Labor to more regularly communicate with the Bureau of Land Management, BLM, regarding safety concerns. Given that personnel from the BLM inspect mines daily, the Mine Safety Health Administration, MSHA, should have the benefit of knowing what BLM is observing and what concerns the agency has regarding safety.
Our amendment would also require two studies: one to address deep mine safety, and another to address pillar removal. Regarding deep mining, it is no secret that the mining industry is mining deeper underground. In order to assure that they have the most sophisticated science available to them, a study about the elements of deep mining should be undertaken. It is also important to recognize that deep mining and pillar removal are two separate issues, and our amendment was crafted accordingly to give each issue thorough consideration.
Finally, there is great concern about how information during a mine rescue and recovery effort is communicated to the public. Our amendment would create a public relations protocol similar to that used by the National Transportation Safety Board. In this way, all parties to the rescue and recovery effort must clear any information through MSHA before releasing it to the public.
This amendment takes the NTSB's well-regarded approach to communications. Before anyone associated with the rescue and recovery effort can make public comments, they must be approved by MSHA. In this way, we can ensure that the families have been fully briefed, that any information given to the media is factual, and that it does not interfere with the ongoing efforts of any future investigation.
The S-MINER Act may address some of these issues, but ultimately the underlying bill is not narrowly crafted to focus on the Crandall Canyon tragedy. Instead, it provides for a complete rewrite of a successful law. In addition to these four specific policy opportunities that respond to the tragedy that occurred at the Crandall Canyon mine, our substitute builds on the MINER Act by actively engaging miners in safety teams and implementing substance abuse testing. It is important to note that the MINER Act was the most significant piece of mining legislation passed in 30 years, which was signed into law in 2006.
The Wilson/Kline substitute ensures that the MINER Act is not derailed by excessive new regulations. The MINER Act has put in motion regulations, studies, and industry improvements that will be negatively impacted by H.R. 2768. I oppose the S-MINER Act and urge you to vote in favor of the Wilson/Kline substitute.
I reserve the balance of my time.
Mr. Chairman, I yield such time as he may consume to the gentleman from Minnesota (Mr. Kline), a ranking and valued member of the Education and Labor Committee.
Mr. Chairman, I yield such time as he may consume to the gentleman from California (Mr. McKeon), the distinguished ranking member of the Education and Labor Committee.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in conclusion, I urge the strongest consideration of the Wilson/Kline amendment. I would like to point out that it would provide for full implementation of the MINER Act of June 2006. Additionally, it has the provisions, as well explained by Congressman McKeon of California, the provisions and concerns of the late Congressman Charlie Norwood of Georgia, providing for drug testing are included.
As I conclude today, I would like to read and summarize an op-ed which was in the Lexington Herald Leader, a McClatchy newspaper. This op-ed was printed on November 26, 2007: ``New mining bill premature.'' The author is Rick Honaker. Professor Honaker is the Mining Foundation's distinguished professor and chairman of the University of Kentucky Department of Mining Engineering.
Professor Honaker says, ``Eliminating coal mine accidents is an achievable goal. In recent years we have seen a dramatic decline in fatalities at the Nation's 550 underground mines, though the tragic accident earlier this year at a mine in Utah underscores some of the serious problems we face.
``But Congress has gotten ahead of itself. However well-intentioned, it is considering new legislation before the industry has been able to implement and assess the effectiveness of a major mine safety law passed last year.
``It seems very strange, almost incomprehensible, that a move is afoot in
Congress to impose an entirely new set of requirements on coal mine operators and mine inspectors, even before there has been an opportunity to comply with the far-reaching provisions of the MINER Act. It threatens to disrupt the all-important emergency rescue provisions of the law.
``That process will require more work from the coal community, not more laws from Congress. Rather than leap into an abyss with new legislation, let's give mine safety and health experts an opportunity to implement the existing law.''
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.