WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), joined by Sens. Tim Kaine (D-VA), Joe Manchin (D-WV), Sherrod Brown (D-OH), Bob Casey (D-PA), John Hickenlooper (D-CO), and John Fetterman (D-PA), urged the Government Accountability Office (GAO) to evaluate the adequacy of black lung benefits to meet the income and health care needs of disabled miners and their families. In a letter to Comptroller General of the United States Gene L. Dodaro, the Senators explained that the study is critical to informing policy aimed at helping coal miners and their families in the Appalachian region. 

“Many recipients of black lung benefits are living month-to-month on limited and fixed incomes,” the Senators wrote. “Though this has historically been true, many miners sick with black lung disease who are applying for benefits today are contracting the disease at a much earlier age. These benefits, therefore, are not just supplementing an early retirement—they are replacing an income for many years that may need to support children and a household, aging or sick parents, and college and retirement.”

Decades ago, Congress established the Black Lung Benefits Act in conjunction with the Federal Coal Mine Health and Safety Act of 1969 to provide monthly compensation and medical coverage for coal miners who develop black lung disease and are totally disabled as a result. However, many miners and their families have been subjected to drawn out legal challenges after being awarded black lung benefits. Frequently, these benefits are appealed by employers and, if the benefit determination is overturned, recipients must pay back the money. In some cases, these challenges have taken years to resolve, causing undue stress to families that rely on these benefits to survive.

The Senators continued, “We have also heard from miners’ attorneys that almost all of the miners and families that they represent raise the fear of repayment with them and it frequently deters these families from using any of their interim benefits that they desperately need, regardless of how strong their respective cases are because they cannot afford to take the risk of being forced to repay a large sum of money. Since these cases can last for so long, many miners die from black lung disease before they are able to confidently spend their benefits without fear of a future repayment.”’

 

To help ensure that adequate benefits are provided, the senators are requesting a study that answers the following questions:

1. What are the state and Federal disability benefits that coal miners and their families can receive as a result of black lung?
2. What challenges have miners and their families faced in obtaining black lung disability benefits, including but not limited to recoupment?
3. How do these benefits affect the health and financial well-being of miners and their families, and what, if any, changes are needed?

Last year, Sens. Warner, Kaine, Casey, Brown, and Manchin introduced The Black Lung Benefits Improvement Act, legislation to make needed updates to the Black Lung Benefits Act to ensure Congress is fulfilling its commitment to the nation’s coal miners. To help fulfill those promises, in August of 2022, Congress approved a permanent extension of the black lung excise tax to fund the Black Lung Disability Trust Fund (BLDTF) that provides health insurance and a living stipend for those impacted by black lung as part of the Inflation Reduction Act.

"The UMWA has been at the forefront of battling black lung disease for more than fifty years. Enacted by Congress in 1969 as part of the Federal Mine Health and Safety Act, the black lung benefits system has been helpful to thousands of miners and their families. But more needs to be done. The cost of living has dramatically increased since 1969, miners are contracting the disease at younger ages and there are more severe forms of the disease. This GAO study will bring important answers on how to improve the benefit system so that all miners and their families receive the benefits they deserve,” said Cecil E. Roberts, International President of the United Mine workers of America.

"The black lung benefits system was created over fifty years ago and since its creation has served as a lifeline for so many mining families," said Rebecca Shelton, Director of Policy for Appalachian Citizens' Law Center. "But a lot can change in fifty years. We know that the cost of living has increased, that more miners have severe forms of the disease, and that miners are getting sick at younger ages. This GAO study asks critical questions to determine whether the benefits system is still adequately serving families in spite of these and many other changes and will ensure that the benefits system continues to serve mining families as it was meant to."

“Miners disabled by black lung deserve more than what they are currently receiving — $738 per month even for those with total disability,” said Appalachian Voices Legislative Director Chelsea Barnes. “We believe this GAO study will show that black lung disability benefits should be significantly increased to meet the needs of miners who are no longer able to work and provide for their families as a result of this debilitating disease.”

A copy of the letter can be found here and below.

Dear Comptroller General Dodaro,

Thank you for your continued partnership with Congress and the Federal government to help ensure government works effectively and efficiently for our constituents. We write to request that the Government Accountability Office (GAO) conduct a study to evaluate the adequacy of black lung benefits to meet the living and health care needs of disabled miners and their families. We believe such a report is critical to informing policy aimed at helping coal miners and their families in the Appalachian region. 

Coal workers’ pneumoconiosis, commonly known as black lung disease, is a fatal, incurable condition caused by long-term exposure to coal dust in and around coal mines. The U.S. Department of Labor has estimated that black lung has killed more than 76,000 people since 1968. However, the number of miners with black lung is likely much higher, given the difficulty in and hesitancy about getting diagnosed within mining communities.

In 1972, Congress passed the Black Lung Benefits Act (BLBA) to provide monthly benefits to disabled miners and eligible surviving family members of coal miners whose deaths were due to black lung disease. Benefits are either paid for by the coal mining company or the Black Lung Disability Trust Fund but the claims process is arduous and often takes many years, even decades. Miners and their families or survivors apply for and rely on these benefits for health care and as a source of income once they are disabled. 

Currently, federal black lung benefit rates are set at 37.5% of the base salary federal employees in grade GS-2, step 1. These employees are on the second lowest pay grade for federal employees.  Therefore, a miner without any dependents or a survivor of a miner, for instance, receives approximately $4.24 per hour, $738 a month, or about $8,856 annually, even if they prove total disability or death due to pneumoconiosis. Considering that the federal minimum wage is set at $7.25 per hour, disabled miners receive nearly half this amount in Black Lung disability benefits.

Anecdotally, we have learned that black lung benefits are a primary or sole source of income for many families. Many recipients of black lung benefits are living month-to-month on limited and fixed incomes. Though this has historically been true, many miners sick with black lung disease who are applying for benefits today are contracting the disease at a much earlier age. These benefits, therefore, are not just supplementing an early retirement—they are replacing an income for many years that may need to support children and a household, aging or sick parents, and college and retirement. We have also heard from miners’ attorneys that almost all of the miners and families that they represent raise the fear of repayment with them and it frequently deters these families from using any of their interim benefits that they desperately need, regardless of how strong their respective cases are because they cannot afford to take the risk of being forced to repay a large sum of money. Since these cases can last for so long, many miners die from black lung disease before they are able to confidently spend their benefits without fear of a future repayment.

The purpose of the Black Lung Benefits Act is to provide benefits, in cooperation with the States, to coal miners who are totally disabled due to pneumoconiosis and to the surviving dependents of miners whose death was due to such disease. To help ensure that adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis, we request a study that describes:

1.       What are the state and Federal disability benefits that coal miners and their families can receive as a result of black lung?
2.       What challenges have miners and their families faced in obtaining black lung disability benefits, including but not limited to recoupment?
3.       How do these benefits affect the health and financial well-being of miners and their families, and what, if any, changes are needed?

Ensuring that benefits are sufficient to meet the economic and health care needs of mining families has always been critical, and we appreciate your consideration of this request.

 

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WASHINGTON – Today, U.S. Sens. Mark Warner and Tim Kaine (both D-VA) joined Sens. Bob Casey (D-PA), Sherrod Brown (D-OH), and Joe Manchin (D-WV) in introducing the Black Lung Benefits Improvement Act. The legislation helps miners who have suffered from ‘black lung’ disease and their survivors access the workers compensation they are entitled to receive under the Black Lung Benefits Program. The legislation helps miners and their survivors access legal representation, ensures benefits are not eroded due to inflation, reduces the time for processing claims and protects taxpayers from taking a hit when a self-insured coal company goes bankrupt and cannot pay black lung claims.

“Every day, Virginia’s coal miners put their health at risk to power our country. We owe it to those battling black lung disease as a result of their years of work to ensure that they receive the medical care they deserve,” said Sen. Warner. “This legislation will allow more miners and their families to access care and benefits as they face this diagnosis.”

“Virginia miners have helped power this nation for generations, risking their health and often developing deadly black lung disease while on the job,” said Sen. Kaine. “Following their sacrifice, they’ve earned benefits to help them combat this debilitating disease. This legislation will make it easier for miners and their family members to receive these benefits in a fair and timely manner.”

“For decades, our country has relied on coal miners to power our factories and heat our homes. Many coal workers risked their lives and their long-term health to do the job of powering years of prosperity, and Congress has an obligation to support them, just as they’ve supported us. This legislation would ensure that every coal miner who suffers from black lung disease receives the benefits they are entitled to,” said Sen. Casey. “Coal miners have pushed our country forward, and I’ll keep fighting to make sure they aren’t left behind.”

“Ohio miners put their health at risk to power our country,” said Sen. Brown. “They’ve suffered enough. They shouldn’t have to navigate an interminable claims process riddled with red tape, all to get the benefits they have earned.”

 “For generations, our brave coal miners have risked their lives and health to power our nation to greatness and as a result, many of our miners suffer from Black Lung Disease. After their enormous sacrifices, they have earned the vital treatment and medical care they need. I am proud to reintroduce the Black Lung Benefits Improvement Act with my colleagues to help our miners access the benefits they are entitled to and I urge my colleagues on both sides of the aisle to help us pass this crucial legislation that supports our coal miners who have given so much to our great nation,” said Sen. Manchin.

Decades ago, Congress established the Black Lung Benefits Act in conjunction with the Federal Coal Mine Health and Safety Act of 1969 to provide monthly compensation and medical coverage for coal miners who develop black lung disease and are totally disabled. A GAO report found that miners often lack the necessary medical and legal resources to develop evidence to prove their claims. The Black Lung Benefits Improvement Act makes needed updates to the Black Lung Benefits Act to ensure Congress is fulfilling its commitment to the Nation’s coal miners. Senators Casey, Manchin, Brown, Kaine and Warner also introduced the Black Lung Benefits Disability Trust Fund Act in 2021 to extend the current black lung excise tax for another ten year period.

The Black Lung Benefits Improvement Act is endorsed by United Mineworkers (UMWA), Appalachian Citizens’ Law Center (UCLC), BlueGreen Alliance and Appalachian Voices.  

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $22,790,000 in Fiscal Year 2022 funding to reclaim abandoned mine lands (AML) in Virginia – an effort that will strengthen coal communities by promoting economic opportunity and addressing dangerous hazards that threaten the health of Virginians and the long-term wellbeing of communities. The funding, awarded through the Department of the Interior (DOI), was made possible by the Infrastructure Investment and Jobs Act negotiated by Sen. Warner and supported by Sen. Kaine.  

“This investment into Virginia mining communities will not only create good paying jobs, but will also revitalize energy communities by reclaiming abandoned, unsafe lands for new use,” the Senators said. “We are proud to see Virginia’s mining communities continue to reap the benefits of the infrastructure law passed by Congress and signed by President Biden.”

AML reclamation projects supported by this funding will close dangerous mine shafts, reclaim unstable slopes, improve water quality by treating acid mine drainage, and restore water supplies damaged by mining. The projects will eliminate dangerous environmental conditions and pollution caused by past coal mining, including by remediating abandoned mines that are leaking methane – a key contributor to climate change. Through these projects, hazardous lands can be reclaimed into recreational facilities and targeted for other economic redevelopment uses like advanced manufacturing and renewable energy deployment.

These investments will work to supplement traditional annual AML grants, which are funded by coal operators and ensured to be provided through 2034 thanks to language and appropriated funds of $11.3 billion over 15 years in the Bipartisan Infrastructure Law.

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Washington, DC – U.S. Sen. Mark R. Warner (D-VA) joined Sens. Joe Manchin (D-WV), Shelley Moore Capito (R-WV), Dick Durbin (D-IL), Tim Kaine (D-VA), Bob Casey (D-PA), and Sherrod Brown (D-OH), as well as Representative Matt Cartwright (D-PA), in introducing the bipartisan, bicameral COVID-19 Mine Worker Protection Act which would require the U.S. Department of Labor (DOL) to issue an emergency temporary standard requiring mine operators to establish a plan to tackle occupational COVID-19 exposure and provide miners with the necessary personal protective equipment (PPE). Additional information on the COVID-19 Mine Worker Protection Act can be found here.

“COVID-19 is a very real threat for Virginia’s coal miners, who are often unable to practice social distancing as they work in confined spaces for extended periods of time,” said Senator Warner. “I’m proud to introduce this legislation to ensure that miners in Southwest Virginia and throughout the country have the resources they need to properly protect themselves and limit their exposure to this dangerous and increasingly contagious virus.”

“Our miners risk their lives every day to power our nation and during the COVID-19 pandemic, that risk is even greater for our brave miners,” said Senator Manchin. “The bipartisan, bicameral COVID-19 Mine Worker Protection Act will instruct DOL to create safeguards and provide PPE to ensure our miners are protected from exposure to COVID-19 in the mines. I will continue to work with my bipartisan colleagues, DOL and the United Mine Workers of America (UMWA) to pass this commonsense legislation to help our miners stay safe during the pandemic as they continue to provide Americans with the power we need every day.”

“For centuries, our miners have worked tirelessly to power America and keep the lights on. It is vital that we take the necessary steps to provide them safety and job security as we continue to battle COVID-19,” said Senator Capito.

“Our nation’s miners have worked tirelessly throughout the pandemic to supply our energy needs at greater risk to themselves,” Senator Durbin said. “I am proud to help introduce the bipartisan COVID-19 Mine Worker Protection Act with my colleagues. This bill will ensure that our hard working miners are provided with proper PPE and that safeguards are put into place to decrease the risk of workplace exposure to this deadly virus.”

“Coal miners have worked tirelessly in dangerous conditions to power our communities, and now we must help ensure they can stay safe amidst the risks of COVID-19,” said Senator Kaine. “We must pass this bipartisan legislation to provide our nation’s miners with the necessary tools to limit their exposure to COVID-19.”

“Throughout a pandemic that has cost more than 440,000 Americans their lives, our Nation’s miners have continued to bravely go to work every day,” said Senator Casey. “We need to put in place enforceable workplace safety standards to protect miners from COVID-19 exposure on the job and to keep them, their families and their communities safe.”

“Ohio miners have put their health at risk for years to power our country,” said Senator Brown. “And now they’re facing more danger, as working conditions put them at higher risk of contracting COVID-19. MSHA needs to issue an enforceable safety standard to protect these miners from infectious disease, and we need to ensure these workers have the personal protective equipment they need to prevent exposure.”

“In Northeastern Pennsylvania, where mine workers’ organizing is a time-honored tradition, we know how important it is to ensure they are protected. As they continue to work in close quarters and tough conditions, miners remain at high risk for COVID-19 infection. This is a bill supported by both Democrats and Republicans that would implement responsible safety guidance and deliver personal protective equipment so that miners can continue to work, stay healthy and provide for their families during this health crisis,” said Representative Cartwright.  

 

The COVID-19 Mine Worker Protection Act

The COVID-19 Mine Worker Protection Act would direct the Secretary of Labor to issue an emergency temporary standard that requires mine operators to:

• Develop and implement a comprehensive infectious disease exposure control plan to protect miners from COVID-19 exposure at the mines;
• Provide personal protective equipment to miners;
• Incorporate guidelines from the CDC, NIOSH, and relevant scientific research;
• In coordination with CDC and NIOSH, track, analyze, and investigate mine-related COVID-19 infections data in order make recommendations and guidance to protect miners from the virus.

Bill text can be found here.

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WASHINGTON - U.S. Sen. Mark R. Warner (D-VA) joined Sens. Joe Manchin (D-WV), Sherrod Brown (D-OH), Bob Casey (D-PA), and Tim Kaine (D-VA) urged the Mine Safety & Health Administration (MSHA) to take immediate action to protect miners from excess silica exposure after the U.S. Department of Labor, Office of Inspector General (OIG) published a report on the inadequate measures currently in place to protect miners from the harmful carcinogen linked to deadly respiratory diseases such as black lung, silicosis, and progressive massive fibrosis (PMF). 

The Senators said in part, “We urge you to take immediate action on the recommendations included in the recently published U.S. Department of Labor, Office of Inspector General (OIG) audit report on the inadequate measures being taken by the Mine Safety & Health Administration (MSHA) to protect coal miners from exposure to crystalline silica. Our nation’s coal miners have done their jobs, working tirelessly to help win wars, power the nation, and keep the lights on. It’s time for MSHA to do its job and update its regulations to ensure our coal miners have a safe working environment.” 

Read the full letter below or click here.

 

Dear Mr. Zatezalo:

We urge you to take immediate action on the recommendations included in the recently published U.S. Department of Labor, Office of Inspector General (OIG) audit report on the inadequate measures being taken by the Mine Safety & Health Administration (MSHA) to protect coal miners from exposure to crystalline silica. Our nation’s coal miners have done their jobs, working tirelessly to help win wars, power the nation, and keep the lights on. It’s time for MSHA to do its job and update its regulations to ensure our coal miners have a safe working environment. 

The OIG report found that MSHA needs to update its regulations to: 1) lower the legal exposure limit for silica, 2) improve the ability of the agency to issue citations and fines for excess exposure to silica, and 3) increase sampling protocols which it found to be too infrequent to protect miners adequately. These findings are extremely troubling--especially now as our nation continues to grapple with the ongoing coronavirus pandemic and your agency has repeatedly refused to issue emergency standards for these essential workers. 

As stated in the audit report, the extraction, refining, and transport of coal produces large quantities of coal dust, of which silica is a component. Although coal dust alone can adversely affect miners' health, silica is classified as a carcinogen and is significantly more harmful. Excess silica exposure has been linked to debilitating lung diseases such as coal workers' pneumoconiosis (most commonly known as black lung disease), silicosis and the most advanced and deadly form of black lung, progressive massive fibrosis (PMF).

This audit report further illustrates the need for urgent action and it illuminates concerns that have been raised relating to the health risks caused by exposure to silica dust for decades. Research from the National Institute of Occupational Safety & Health (NIOSH) has indicated that the prevalence of black lung in the Appalachian coal fields is worse than previously thought, and the black lung clinics are reporting that younger coal miners are being diagnosed with the disease at increasing rates. The time to tackle this issue is long overdue.

Therefore, because we are committed to MSHA's mission to prevent death, illness, and injury from mining and promoting safe and healthful workplaces for U.S. miners, we are asking that you take immediate action to implement the recommendations contained in the OIG report. We further ask that you provide us with a thorough description of the measures currently being conducted by the agency to ensure that our brave and patriotic coal miners are shielded from excess exposure to silica dust on the job site. We look forward to receiving your detailed response.

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“Our miners risk their lives every day to power our nation. During the COVID-19 pandemic, that risk is even greater for our brave miners. On April 17, my colleagues and I sent a letter to President Trump asking for MSHA to implement these safety standards, but they have yet to act to protect our miners,” said Senator Manchin. “I introduced the bipartisan COVID-19 Mine Worker Protection Act to ensure that our miners are protected from exposure to COVID-19 in the mines. This commonsense legislation will help our miners stay safe during this pandemic while they continue to provide Americans with the power they need every day and especially when so many Americans are spending extended amounts of time at home. I look forward to working with my colleagues on both sides of the aisle as well as MSHA and the United Mine Workers of America (UMWA) to pass this legislation and protect our miners during this pandemic.”  

“Thousands of mineworkers in Illinois work in difficult and dangerous conditions, and the COVID-19 crisis only heightens the need for stronger worker protections for these miners,” said Senator Durbin. “With workers sharing tight quarters during long shifts, it’s vital that the Mine Safety & Health Administration issue an Emergency Temporary Standard to limit miners’ exposure to COVID-19 and ensure that miners can earn a living without further endangering themselves or their families.”

“Our nation’s coal miners work tirelessly – often in dangerous conditions – to power our communities. Now more than ever, we must help ensure they can stay safe on the job,” said Senator Kaine. 

“Ohio miners have put their health at risk for years to power our country,” said Senator Brown. “And now they’re facing more danger, as working conditions put them at higher risk of contracting COVID-19. MSHA needs to issue an enforceable safety standard to protect these miners from infectious disease, and we need to ensure these workers have the personal protective equipment they need to prevent exposure.”

“Some Americans can safely stay home and practice social distancing, but our Nation’s coal miners are bravely going to work every day to continue powering our country,” said Senator Casey. “The bipartisan COVID-19 Mine Worker Protection Act would put in place enforceable workplace safety standards to protect miners from COVID-19 on the job and would make clear that miners cannot be retaliated against for reporting health and safety concerns related to COVID-19.”

“West Virginia miners continue to work day in and day out to power our country,” Senator Capito said. “Making sure they are protected and as safe as possible in their job is absolutely critical, especially during COVID-19.”

“As our coal miners continue to do their job to keep the lights on in our communities amid this health crisis, we’ve got to make sure that they have the support they need to stay safe in this pandemic. On the job, miners often have to work in close quarters with their colleagues, which puts them at greater risk of exposure to COVD-19. That’s why we must make sure their health and safety is being prioritized, and adequate protections are put in place to protect these essential workers while on the clock,” said Senator Warner.

“An underground environment is unlike any other workplace there is,” United Mine Workers of America International President Cecil E. Roberts said. “It can easily become a hot spot for COVID-19. Miners breathe the same circulated air no matter where they are in the mine. They frequently must work in close quarters. They ride to and from their specific work stations underground in elevators and mantrips that put them in close proximity to one another. They change into and out of their work clothes side by side before and after their shifts. We have asked MSHA to develop emergency standards to protect miners, but so far the agency has taken no action. We very much appreciate this bipartisan group of Senators for stepping up to support the more than 200,000 miners of all kinds in this nation. They need consistent, enforceable protection on the job just like every other essential worker.”

The COVID-19 Mine Worker Protection Act would require MSHA to issue an Emergency Temporary Standard, based on CDC, NIOSH, and OSHA guidance, within 7 days of enactment to protect our miners from COVID-19 exposure at the mines. The COVID-19 Mine Worker Protection Act would also:

• Require mine operators to provide personal protective equipment to miners;
• Require MSHA to issue a permanent comprehensive infectious disease standard within two years;
• Require MSHA to forbid employers from retaliating against miners for reporting infection control problems to their employer, or to local, State, or Federal government agencies; and,
• Require MSHA, in coordination with CDC and NIOSH, to track, analyze, and investigate mine-related COVID-19 infections data in order make recommendations and guidance to protect miners from the virus.

Bill text can be found here. 

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Today, U.S. Sens. Mark Warner (D-VA, Joe Manchin (D-WV) and seven Senators called for the Mine Safety and Health Administration (MSHA) to implement emergency standards to protect America’s brave coal miners who continue to power our nation during the COVID-19 pandemic. 

“Coal miners are the backbone of this country; they have always risked their lives to provide the power that keeps our lights on and the energy flowing to our homes and businesses. When it comes to the coal industry, the health and safety of our miners must continue to be our top priority. Again, we strongly urge MSHA to immediately issue the emergency standards necessary to protect our nation's miners as we work toward finding solutions to the current public health crisis,” the Senators said in part.

Senator Manchin is joined by Senators Sherrod Brown (D-OH), Dick Durbin (D-IL), Bob Casey (D-PA), Tim Kaine (D-VA), Doug Jones (D-AL), Tammy Duckworth (D-IL), and Mark Warner (D-VA).

 

The letter can be read in full below or click here.

 

Dear President Trump: 

We write to echo the request of America’s coal miners by urging the Mine Safety and Health Administration (MSHA), the federal government's principal agency directed to prevent mine illness, injury, and death, to exercise its authority to issue emergency standards to safeguard miners as the nation continues to grapple with the COVID-19 pandemic. 

As you are well aware, coal miners are especially prone to the dangers of COVID-19 because of the nature of their work. Unlike other professions where social distancing recommendations are practicable, coal mining requires the continuous clustering of people working in close proximity of one another. Clustering usually begins in the locker rooms where miners prepare for the day's shift by putting on their protective gear. It continues when the miners climb into their mantrips, mine cars, and elevators where they are carried to the extraction sites. While there, the miners will breathe the same air, utilize the same machinery, tools, and instrumentalities to move the coal out of the mine and into the stream of commerce. Once their shifts conclude, the miners will return to the locker rooms, utilize showering facilities, and exchange orders with the next shift before heading home to their families. This process repeats itself between every shift, and at every mine, exponentially increasing the probability of exposure to the COVID-19 virus. 

We understand that individual mine operators and local unions have implemented their own measures in an attempt to mitigate the risks of exposure to this highly contagious virus. However, we believe that a uniform implementation of practices detailed within an MSHA emergency standard would ensure that the highest level of precautionary measures were in place at every mine. 

Coal miners are the backbone of this country; they have always risked their lives to provide the power that keeps our lights on and the energy flowing to our homes and businesses. When it comes to the coal industry, the health and safety of our miners must continue to be our top priority. 

Again, we strongly urge MSHA to immediately issue the emergency standards necessary to protect our nation's miners as we work toward finding solutions to the current public health crisis. Thank you in advance for your prompt attention to this matter.

 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) received an award from the United Mine Workers of America recognizing his successful years-long effort to save the pension and healthcare benefits for thousands of retired coal miners and their families. A group of Southwest Virginia miners presented Sen. Warner with the coal-shaped award, celebrating the passage of Sen. Warner’s Bipartisan American Miners Act, which the President signed into law in December.

“With President Trump’s signature, the Bipartisan American Miners Act is now the law of the land, protecting healthcare and pension benefits for thousands of Southwest Virginia miners,” said Sen. Warner. “This award represents years of bipartisan work in Washington and the tireless efforts of the UMWA miners who advocated to protect the benefits they earned. I’m proud to have played a role in passing this legislation that officially honors America’s commitment our miners.”

The Bipartisan American Miners Act of 2019 was introduced by Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Joe Manchin (D-WV), Mitch McConnell (R-KY), Shelley Moore Capito (R-WV) and a bipartisan group of Senators from mining states. It shores up the 1974 United Mine Workers of America Pension Plan – which was headed for insolvency due to coal company bankruptcies and the 2008 financial crisis – and ensures that at-risk miners do not lose their healthcare due to the 2018 and 2019 coal company bankruptcies. The legislation amends the Surface Mining Control and Reclamation Act of 1977 to transfer excess funds from the Abandoned Mine Land (AML) Fund to the 1974 Pension Plan to prevent its insolvency. It also amends the Coal Act to include 2018 and 2019 bankruptcies in the miners’ healthcare fix that passed in 2017. These actions will secure the pensions of 92,000 coal miners and protect healthcare benefits for 13,000 miners.

Sen. Warner has been a longtime advocate for Virginia’s coal miners and their families. In 2017, Sen. Warner passed legislation securing healthcare benefits for more than 22,000 miners. In August 2018, he introduced and passed into law legislation to improve early detection and treatment of black lung disease among coal miners.

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine, members of the Senate Budget Committee, released the following statements on President Trump’s Fiscal Year 2021(FY21) budget: 

“Simply put, the President’s budget fails Virginia. With the deficit at record highs thanks to the President’s massive tax cuts for big business and the wealthiest Americans, this proposal attempts to balance the budget at the expense of hardworking Virginians and investments in our local economy. It completely eliminates funding for the restoration and protection of the Chesapeake Bay – an ecological treasure and important economic engine that supports thousands of jobs. It repays our federal workers for their years of service with deep cuts to their retirement benefits. And instead of investing in our coal communities, the Trump budget would eliminate the Abandoned Mine Land Reclamation program that helps communities in Southwest Virginia invest in clean-up and economic revitalization efforts,” said Warner.

“This budget is yet another alarming example of the President’s attempts to leave the most vulnerable Americans behind. It slashes Medicaid, which 1.2 million Virginians rely on for their health care. It cuts food stamp benefits, which keep 695,000 Virginians from going hungry. And it guts other critical programs like community development block grants and home heating assistance. As we have done successfully in years past, we are going to fight on the Budget Committee to reject these harmful cuts and pass a budget that better reflects the needs of all Virginians,” said Kaine.

Below is a list of some of the impacts President Trump’s budget would have on Virginians:

Medicaid: The budget proposes cutting Medicaid by hundreds of billions of dollars over the next decade. The budget would give states the ability to pursue damaging work requirements, more stringent eligibility criteria, increased co-payments, and more. 

Supplemental Nutrition Assistance Program (SNAP): The budget would restrict access to SNAP, a safety net to prevent the most vulnerable Americans—particularly seniors and children—from going hungry.

Chesapeake Bay: The budget proposes to decimate the EPA Chesapeake Bay Program. These cuts would threaten key federal assistance that helps localities, farmers, and others take steps to reduce the pollution flowing into the Bay.

National Institutes of Health (NIH): The budget proposes $38 billion for NIH, a nearly $4 billion cut from FY20. Millions of Americans rely on NIH research to inform our understanding and development of new and innovative treatments for serious illnesses like cancer, Alzheimer’s disease, and more.

After School Programs: The budget would eliminate the 21st Century Community Learning Centers funding for afterschool programs, which would affect 20,504 children in Virginia.

Public Service Loan Forgiveness (PSLF): The budget would eliminate the PSLF program, denying Virginia’s hardworking public servants—such as teachers, nurses, and first responders, and other public service professionals—the loan forgiveness they earned.

Airports: The budget would eliminate Airport Improvement Program Discretionary grants. In FY19, these grants provided more than $64.8 million for airport improvements across the Commonwealth at both large and small airports.

Port of Virginia: The budget would eliminate the Port Infrastructure Development program. Previously funded at $225 million, funds from this program support critical infrastructure improvements at the Port of Virginia.

Shenandoah Valley Battlefields: The budget would eliminate the Heritage Partnership Program, funding to support the maintenance of Shenandoah Valley Battlefields.

Low Income Home Energy Assistance Program (LIHEAP): The budget proposes to eliminate LIHEAP, which was previously funded at $8.7 billion. This vital safety net program helps low-income households and seniors with their energy bills in localities across the Commonwealth.

Abandoned Mines: The budget would eliminate Abandoned Mine Land Grants, which provided $115 million in discretionary funds last year to help places like Southwest Virginia reclaim and repurpose abandoned coal lands.

Virginia Tribes: The budget would reduce housing block grants to tribes by more than one quarter. Virginia tribes rely on these funds to develop low-income housing.

Affordable Housing: The budget would eliminate the Choice Neighborhoods, Community Development Block Grant (CDBG), and HOME Investment Partnerships programs—programs that support the building and rehabilitation of affordable housing. In 2019, Virginia cities and counties received $57 million in CDBG grants and $25 million in HOME grants. In 2018, Newport News and Norfolk received $60 million in Choice Neighborhoods grants to build affordable housing in the Marshall-Ridley neighborhood and St. Paul’s area, respectively.

Economic Development Administration (EDA): The budget would eliminate the EDA. Virginia was awarded 12 EDA grants for $4 million in 2018, including funding to help the Commonwealth Center for Advanced Manufacturing (CCAM) build an apprenticeship academy and prepare young Virginians for jobs in a growing industry. 

Federal Employees: The budget would make federal employees’ health and retirement benefits more expensive for workers. 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Sens. Joe Manchin (D-WV), Doug Jones (D-AL), Sherrod Brown (D-OH), and Bob Casey (D-PA) wrote to House and Senate leadership advocating for the inclusion of a permanent fix for miners’ health care and pensions in the short-term spending package that is currently being negotiated to keep the government open after September 30th, 2019.

“In July, we were alarmed to learn that 1,200 retired coal miners, their widows and their dependents would lose their health care benefits at the end of the calendar year. If we don’t take action now, these families in Virginia, West Virginia, Wyoming, Alabama, Colorado, North Dakota and New Mexico will begin receiving health care termination notices at the end of October. Without congressional action to keep this from happening, they will spend their holiday season worrying about whether or not they will have to choose between their life-saving medications and putting food on the table,” wrote the Senators.

Currently, the 1974 UMWA Pension Plan is on the road to insolvency due to coal company bankruptcies and the 2008 financial crisis. Earlier this year, Sens. Warner and Kaine introduced the American Miners Act of 2019 to shore up the 1974 UMWA Pension Plan to make sure that 87,000 current beneficiaries and an additional 20,000 retirees won’t lose the pensions they have paid into for decades. In Virginia alone, there are approximately 7,000 retirees who are at risk of losing their benefits if Congress does not act. Additionally, the legislation would protect the 500 Virginians affected by the Westmoreland bankruptcy that has endangered health care benefits for additional miners and dependents.

In their letter, the Senators also request that congressional leadership extend the Black Lung Disability Trust Fund that finances medical treatment and basic expenses for miners suffering from black lung disease. 

“We are proud to cosponsor the American Miners Act (S. 27) which would protect and preserve not only these healthcare and pension benefits in perpetuity, but restore the Black Lung Trust Fund contribution rate to a much more sustainable level. During Senate consideration of the National Defense Authorization Act (NDAA), the entire Democratic caucus cosponsored this bill. Unfortunately, we were blocked from even having a vote on that amendment,” continued the Senators.

Sens. Warner and Kaine have continued to advocate on behalf of Virginia’s coal miners and their families. In August 2018, they introduced and passed into law legislation to improve early detection and treatment of black lung disease among coal miners. The Senators also introduced legislation to make it easier for miners to access federal black lung benefits, make the benefit claims process fairer, and strengthen the benefits miners receive.

A copy of the letter can be found here and below.

 

Dear Speaker Pelosi, Leader McConnell, Leader McCarthy, and Leader Schumer:

As negotiations continue around a short-term spending bill to avoid a government shutdown at the end of the fiscal year on October 1^st, 2019, we urge you to honor the promises made to America’s coal miners and include permanent protections for the retiree health care and pension benefits they earned through a lifetime of hard work as well as an extension of the coal excise tax contribution rate that expired at the end of last year, threatening the solvency of the Black Lung Disability Trust Fund.

In July, we were alarmed to learn that 1,200 retired coal miners, their widows and their dependents would lose their health care benefits at the end of the calendar year. If we don’t take action now, these families in Virginia, West Virginia, Wyoming, Alabama, Colorado, North Dakota and New Mexico will begin receiving health care termination notices at the end of October. Without congressional action to keep this from happening, they will spend their holiday season worrying about whether or not they will have to choose between their life-saving medications and putting food on the table. After all they have done for our country, the least we could do is keep our end of the bargain, honor the commitments that were made, and show them that we are thankful for the sacrifices they have made for our country.

In 1946, President Harry Truman ordered Secretary of the Interior Julius Krug to broker a deal to end a nationwide strike of coal miners. The subsequent agreement with the United Mine Workers of America guaranteed healthcare and pension benefits for coal miners with the full faith and credit of the United States Government. Unfortunately, due to numerous coal company bankruptcies and fundamentally flawed bankruptcy laws that allow corporations to shed their responsibilities to their workers, these very same federally guaranteed benefits are in jeopardy today.

We are proud to cosponsor the American Miners Act (S. 27) which would protect and preserve not only these healthcare and pension benefits in perpetuity, but restore the Black Lung Trust Fund contribution rate to a much more sustainable level. During Senate consideration of the National Defense Authorization Act (NDAA), the entire Democratic caucus cosponsored this bill. Unfortunately, we were blocked from even having a vote on that amendment. 

We commend Speaker Pelosi and House Natural Resources Committee Chairman Raul Grijalva (D-AZ) for advancing legislation to secure health care and pension benefits for our nation’s miners. On July 24^th, the U.S. House of Representatives passed the Rehabilitation for Multiemployer Pensions Act of 2019 (H.R. 397) with bipartisan support. Congress must act to ensure millions of Americans in multiemployer pension plans do not see cuts to the pension benefits they have worked hard to earn. We must pass legislation to comprehensively address both the insolvency of troubled plans and of the Pension Benefit Guaranty Corporation.

Also on July 24^th, the Energy and Mineral Resources Subcommittee of the House Natural Resources Committee held a legislative hearing on H.R. 934 and H.R. 935, bills that would permanently secure miners health care and pension benefits. The full committee is poised to vote on those bipartisan proposals this month.

Unfortunately, despite our best efforts, the U.S. Senate has not taken up any relevant legislation either in committee or on the floor all year. Because this is literally a life and death issue for thousands of families across this country, we urge you to include a permanent solution for miners healthcare and pension benefits in the short-term funding package that will ensure the continued operation of the U.S. government beyond September 30^th, 2019, and we stand ready to work together in a bipartisan way to keep our promises to these great American families.

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WASHINGTON, D.C. — Following recent studies showing worsening prevalence and severity of black lung disease among coal miners and deteriorating financial viability of the Black Lung Disability Trust Fund, U.S. Senators Mark R. Warner and Tim Kaine met today with 25 coal miners and their families from Southwest Virginia. They discussed the need for fast action in funding the Black Lung Disability Trust Fund, which was established in 1978 to pay benefits to disabled miners suffering from black lung disease when the coal companies responsible for paying benefits are bankrupt, closed, or otherwise not able to pay. The miners who met with Warner and Kaine today are from Big Stone Gap, Clintwood, Norton, Wise, Coeburn, Duffield, St. Paul, Haysi, Moneta, Oakwood, Gate City, and Pilgrims Knob. 

View photos of the meetings here. Video of Sen. Warner’s meeting is here. 

“Black lung has led to devastating health consequences for too many hardworking miners and we need to help ensure those who are suffering from this disease can get much needed treatment. Hearing directly from Virginia miners today about the obstacles they face in accessing health care re-energized us to do everything we can to tackle these challenges. Coal miners have worked tirelessly to help power this nation and we owe it to them to act,” said the Senators.

The Senators also announced that they will join Senator Bob Casey to introduce the Black Lung Benefits Improvement Act, legislation to make it easier for miners to access federal black lung benefits, make the benefit claims process fairer, and strengthen the benefits miners receive.

Later in the day, Kaine participated in a roundtable discussion led by Senator Casey with Cecil Roberts, President of the United Mine Workers of America (UMWA), a medical expert, and affected miners and family members in front of over one hundred miners affected by black lung disease – including the 25 Virginians. Watch Kaine’s remarks at the roundtable here. 

Senators Warner and Kaine are strong advocates for coal miners and their families. In August 2018, they introduced and passed into law legislation to improve early detection and treatment of black lung disease among coal miners. Last week, following the announcement that 1,200 retired coal miners – including up to 800 Virginians – are at risk of losing their health care by the end of the year, Warner and Kaine pushed for passage of the American Miners Act of 2019. The legislation, sponsored by Warner and Kaine, would secure pensions and health care benefits for retired coal miners – including hundreds of Virginians. It would also extend the Black Lung Disability Trust Fund tax at $1.10 per ton of underground-mined coal and $0.55 per ton of surface-mined coal for ten years.

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WASHINGTON — Today, U.S. Sen. Mark R. Warner (D-VA) met with miners from the United Mine Workers of America at his office in Washington, D.C.

In the meeting, Sen. Warner stressed the need to pass the American Miners Act, legislation he sponsored that would permanently protect the healthcare and pension benefits for thousands of Virginia’s retired coal miners and their families. The bill will also protect healthcare coverage for 500 Virginia miners who are at risk of losing their benefits due to the 2018 bankruptcy of Colorado-based Westmoreland Coal Co, which previously operated in Wise County, VA.

“Southwest Virginia’s retired miners worked hard their entire careers to power this country, and the least we can do is make sure they’re able to retire with the pensions and benefits they earned,” said Sen. Warner. “Frankly, this is a crisis for the 500 Virginians who stand to lose their benefits in the near future. The American Miners Act would protect the hard-earned benefits these families and thousands more across the Commonwealth count on, while also taking needed action to address the black lung outbreak facing coal country.” 

Currently, the 1974 UMWA Pension Plan is on the road to insolvency due to coal company bankruptcies and the 2008 financial crisis. The American Miners Act of 2019 will shore up the 1974 UMWA Pension Plan to make sure that 87,000 current beneficiaries and an additional 20,000 retirees who have vested won’t lose the pensions they have paid into for decades. In Virginia alone, there are approximately 7,000 pensioners who are at risk of losing their benefits if Congress does not act. 

In May 2017, Sen. Warner worked with several colleagues to pass bipartisan legislation to protect healthcare for retired miners – including more than 10,000 miners and their families in Virginia – who were orphaned by coal bankruptcies. But the recent Westmoreland bankruptcy has endangered health care benefits for additional miners and dependents – including 500 people in Virginia. This legislation will extend the fix to ensure that miners who are at risk due to 2018 coal company bankruptcies will not lose their healthcare. 

Lastly, the bill also calls for an extension of the tax that finances medical treatment and basic expenses for miners suffering from black lung. The Black Lung Disability Trust Fund was established in 1978 to pay benefits to disabled miners suffering from black lung disease when the coal company responsible for paying benefits is bankrupt, closed or otherwise not able to pay. More than 25,000 coal miners and their dependents rely on the fund. The fund, which due to a variety of factors is currently more than $4 billion in debt, is supported by an excise tax that was cut in half at the end of 2018. The American Miners Act of 2019 will extend the Black Lung Disability Trust Fund tax at $1.10 per ton of underground-mined coal and $0.55 per ton of surface-mined coal for ten years.

Sen. Warner is a strong advocate for coal miners and their families. In August 2018, he introduced and passed into law legislation to improve early detection and treatment of black lung disease among coal miners. 

The American Miners Act of 2019 is also sponsored by Sens. Joe Manchin (D-WV), Tim Kaine (D-VA), Sherrod Brown (D-OH), Doug Jones (D-AL) and Bob Casey (D-PA). For more information on the American Miners Act of 2019, click here.

  

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WASHINGTON – On the Senate floor today, U.S. Sen. Mark R. Warner (D-VA) urged his Senate colleagues to support bipartisan legislation that would provide back pay to low- and middle-income federal contractors who otherwise will never see the 35 days’ worth of wages they missed during the partial government shutdown. 

In his remarks, Sen. Warner recalled various conversations he had with furloughed contractors and federal workers during the shutdown and highlighted the lingering consequences that continue to affect federal families. He also cited a recent survey that found that as a result of the shutdown, 62 percent of federal workers depleted all or most of their savings, 42 percent were forced to take on new debt and 25 percent tapped into their retirement savings. 

Additionally, Sen. Warner stressed the importance of ensuring that the government stays open and called on Congress to override the President Trump’s veto if the President decides to once again shut down the government.

 

Washington, D.C. – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) introduced the American Miners Act of 2019, legislation that would secure pensions and healthcare benefits for our nation’s retired coal miners – including 500 Virginians affected by the recent bankruptcy of a Colorado-based mining company. 

“Congress made a promise in 1946 to protect coal miners after a lifetime of arduous and dangerous work to help power this nation,” said Sen. Warner. “This legislation would ensure that we fulfill that promise by protecting retired coal miners across the country, including in Virginia, where roughly 500 miners and their dependents are at risk of losing their healthcare following the bankruptcy of Colorado-based Westmoreland Coal Company. This bill will also protect miners’ hard-earned pensions, and makes important changes I’ve been pushing for to defend and strengthen the Black Lung Disability Trust Fund, which provides healthcare and benefits for thousands of retirees suffering from this deadly disease.” 

“Virginia’s miners earned their pensions and health care benefits after years of difficult and dangerous work to provide us energy,” said Sen. Kaine. “I hope that Congress will quickly act on this legislation and give miners peace of mind.”

Currently, the 1974 UMWA Pension Plan is on the road to insolvency due to coal company bankruptcies and the 2008 financial crisis. TheAmerican Miners Act of 2019 will shore up the 1974 UMWA Pension Plan to make sure that 87,000 current beneficiaries and an additional 20,000 retirees who have vested won’t lose the pensions they have paid into for decades. In Virginia alone, there are approximately 7,000 pensioners who are at risk of losing their benefits if Congress does not act.

The bill will also protect healthcare coverage for 500 Virginians. In May 2017, Sens. Warner and Kaine secured passage of bipartisan legislation to protect healthcare for retired miners – including more than 10,000 miners and their families in Virginia – who were orphaned by coal bankruptcies. But the 2018 bankruptcy of Colorado-based Westmoreland Coal Co. has endangered health care benefits for additional miners and dependents – including 500 people in Virginia. Today’s legislation will extend the fix to ensure that miners who are at risk due to 2018 coal company bankruptcies will not lose their healthcare.

Lastly, the bill also calls for an extension of the tax that finances medical treatment and basic expenses for miners suffering from black lung. The Black Lung Disability Trust Fund was established in 1978 to pay benefits to disabled miners suffering from black lung disease when the coal company responsible for paying benefits is bankrupt, closed or otherwise not able to pay. More than 25,000 coal miners and their dependents rely on the fund. The fund, which due to a variety of factors is currently more than $4 billion in debt, is supported by an excise tax that automatically expired at the end of 2018. The American Miners Act of 2019 will extend the Black Lung Disability Trust Fund tax at $1.10 per ton of underground-mined coal and $0.55 per ton of surface-mined coal for ten years.

Sens. Warner and Kaine are strong advocates for coal miners and their families. In August 2018, they introduced and passed into law legislation to improve early detection and treatment of black lung disease among coal miners.

The American Miners Act of 2019 is also sponsored by Sens. Joe Manchin (D-WV), Sherrod Brown (D-OH), Doug Jones (D-AL) and Bob Casey (D-PA). For more information on the American Miners Act of 2019, click here.

  

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