Thank you for conducting this important hearing on an issue of critical interest to constituents in my congressional district. I appreciate the opportunity to participate.

On a Sunday in late September, 2001, 3 workers labored at shoring up the roof of the # 5 mine at Jim Walter Resources` in Brookwood, Alabama. A falling rock struck a battery charger and ignited sparks, touching off a methane gas explosion that ensnared the three workers deep in the mine. Ten other miners moved quickly to rescue their trapped brethren when a second explosion occurred less than an hour later. All thirteen men perished in the explosions.

Recent tragedies in West Virginia illustrate, yet again, the heroic efforts of individuals who risk their lives every day to deliver energy to our nation. It also reinforces the need for a thorough reexamination of regulations and standards governing the industry. As policymakers, it is incumbent on us to ensure that our response is thorough and that we hear from those individuals who are most intimately connected with this vocation.

Last month I held a listening post with Alabama mine workers and their families. I heard extraordinarily moving testimony from the children, wives, parents, friends and brothers and sisters of those killed in the Brookwood explosion. A number of themes emerged from the conversation. First, a deep sense of frustration pervaded the event as person after person expressed feelings of disenfranchisement from the discussions with the Mine Safety and Health Administration over current safety regulations and their enforcement. Miners and their families feel they don`t have a place at the table and want first and foremost to be heard. These constituents listed a litany of concerns that are best stated in a more technical discussion about the issue, but it is imperative that they be given an opportunity to share their perspectives.

As a result of the listening post, I sent a letter to MSHA encouraging Agency heads to sit down with miners and family members and open a constructive dialogue. I have also met with mine operators in my district who have expressed a willingness to work together on these vitally important issues of life and safety.

I also encourage this committee to closely examine laws currently on the books and question if these laws are still effective and if they are being properly enforced. We should evaluate both the structure of and funding for the Mine Safety and Health Administration and we should look to those mine operators with the best safety records and ask why their practices stand out from others.

As a cosponsor of Congressman Rahall`s bill, I remain committed to working with all of you to craft meaningful legislation that will protect the lives and the jobs of our nation`s mine workers.

Thank you, Mr. Chairman and Ranking Member for your continued interest in mine safety and thank you to all the miners and their families for their sacrifices.

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