[DOCID: f:hr508.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-508
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2768) TO ESTABLISH
IMPROVED MANDATORY STANDARDS TO PROTECT MINERS DURING EMERGENCIES, AND
FOR OTHER PURPOSES
_______
January 15, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Mrs. Slaughter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 918]
The Committee on Rules, having had under consideration
House Resolution 918, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2768, the
Supplemental Mine Improvement and New Emergency Response Act of
2007, under a structured rule. The rule provides one hour of
general debate equally divided and controlled by the chairman
and ranking minority member of the Committee on Education and
Labor. The rule waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
now printed in the bill shall be considered as an original bill
for the purpose of amendment and shall be considered as read.
The rule waives all points of order against the amendment in
the nature of a substitute except for clause 10 of rule XXI.
This waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and waives all points of order against the amendment in
the nature of a substitute (except clause 10 of rule XXI), the
Committee is not aware of any points of order. The waivers of
all points of order are prophylactic in nature.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Miller, George (CA): The Manager's amendment would
provide the mining industry with more time to install a new
generation of fire-resistant conveyor belts. The amendment
would also provide funds for MSHA to purchase a new generation
of dust monitoring devices to limit black lung disease, and
ensure that breathable air requirements of the MINER Act of
2006 are properly implemented. In addition, the amendment
requires that the Secretary of Labor conduct a study on
substance abuse by miners with recommendations for policy
changes, in consultation with all interested parties. The
Secretary shall report the findings within six months of the
bill's enactment and, if she deems it feasible and effective,
shall be authorized to establish a miner substance abuse
testing, rehabilitation, and treatment program within MSHA in
consultation with the interested parties. (10 minutes)
2. Boucher (VA): The amendment authorizes $10,000,000 to
award grants to provide rehabilitation services to current and
former miners suffering from mental health impairments,
including drug addiction and substance abuse issues, which may
have been caused or exacerbated by their work as miners. (10
minutes)
3. Ellsworth (IN): This amendment offers relief to mine
operators that have been assessed penalties and pay them in a
timely fashion. It also establishes a trust fund within
Treasury, composed of mine safety civil penalties. Funds from
the trust fund can be used for mine safety inspections and
investigations only. (10 minutes)
4. Wilson, Joe (SC)/Kline (MN): Amendment in the Nature of
a Substitute. The substitute amendment promotes the continued
robust implementation of the 2006 MINER Act, increases worker
safety by providing miners the opportunity to have a voice in
mine safety, expands substance abuse programs to all mines to
ensure safe working conditions for all miners, and addresses
issues raised by the recent Crandall Canyon disaster. (30
minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative George Miller of
California, or His Designee, Debatable for 10 Minutes
Page 5, beginning on line 6, strike ``amended by adding at
the end the following:'' and insert ``amended--
(1) in clause (iii)(I), by inserting before the
semicolon the following: ``and such requirement may not
be satisfied by placement of an order with any company
for future delivery of a portable refuge chamber or
other means of providing such emergency supplies of
breathable air''; and
(2) by adding at the end the following:
Page 5, line 8, strike ``(vi)'' and insert ``(vii)''.
Page 5, line 19, strike ``, or'' and insert a semicolon.
Page 5, line 23, strike ``, or'' and insert ``; or''.
Page 6, beginning on line 4, strike ``In addition'' and all
that follows through ``emergency shelter'' and insert ``The
regulations shall further provide that in all cases a portable
refuge chamber shall be installed and maintained''.
Strike section 4(d)(1) and insert the following:
(1) Flame resistant conveyor belts.--Section 311(h)
is amended by adding at the end the following: ``Not
later than 90 days after the date of enactment of the
S-MINER Act, the Secretary shall publish interim final
rules to revise the requirements for flame resistant
conveyor belts to ensure that they meet the most recent
recommendations from the National Institute for
Occupational Safety and Health, and to ensure such
belts are designed to limit smoke and toxic emissions.
A conveyor belt need not meet the requirements of the
preceding sentence if--
``(A) it was ordered, in a mine's inventory,
or installed prior to the date of enactment of
the S-MINER Act, or it was ordered after the
date of enactment of the S-MINER Act and the
Secretary certifies that the mine operator was
unable to obtain a belt meeting the
requirements of the preceding sentence; or
``(B) in the case of any such belt that has
been in use for more than 5 years in any
capacity in any mine, such belt has received an
annual inspection by a certified professional
to ensure that the belt is free from visible
defects that could cause failure or possible
ignition.''.
Page 19, strike lines 6 through 15 and insert the following:
``(a) Conveyor Belts.--The requirements of section 311(h)
concerning conveyor belts in underground coal mines, including
the exceptions and limitations in connection therewith, shall
also apply to conveyor belts in underground metal and nonmetal
mines.''.
Page 55, line 24, insert after the period the following:
``There is authorized to be appropriated to Secretary
$30,000,000 to purchase personal dust monitors for the purposes
of the preceding sentence.''.
At the end of the bill, insert the following:
(d) Study on Miner Substance Abuse Issues That Pose Safety
Risks.--
(1) Study.--The Secretary of Labor shall conduct a
study providing expert review and recommendations of
policies designed to deal with substance abuse by
miners, including the causes, nature, and extent of
such abuse, its impact on mine safety and health, best
practices for treatment, rehabilitation, and substance
abuse testing policies, and the adequacy of State laws
and approaches. In conducting such study, the Secretary
shall solicit the views of and consult with all
interested parties, including miners, miners'
representatives, mine operators, appropriate State
agencies, and public health and substance abuse
experts.
(2) Report.--Not later than 6 months after the date
of enactment of this Act, the Secretary shall report
the findings and recommendations of the study to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor and Pensions of the Senate.
(3) Additional authority.--If, as a result of the
study, the Secretary determines it to be feasible and
effective, the Secretary shall be authorized to
establish a program, in consultation with the parties
described in paragraph (1), within the Mine Safety and
Health Administration to provide for substance abuse
testing of miners as well as rehabilitation and
treatment of miners suffering from substance abuse.
----------
2. An Amendment To Be Offered by Representative Boucher of Virginia, or
His Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
(d) Grants for Rehabilitation.--
(1) In general.--The Secretary of Labor, in
consultation with the Secretary of Health and Human
Services, is authorized to award grants to appropriate
entities and programs for the purpose of providing
rehabilitation services to current and former miners
suffering from mental health impairments, including
drug addiction and substance abuse issues, which may
have been caused or exacerbated by their work as
miners. The Secretary shall ensure such funds are
directed to those regions of the country most in need
of such assistance.
(2) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary of Labor
$10,000,000 to carry out the grant program authorized
by this subsection.
----------
3. An Amendment To Be Offered by Representative Ellsworth of Indiana,
or His Designee, Debatable for 10 Minutes
Page 32, beginning on line 9, strike ``amended by striking''
and all that follows through ``The operator shall,'' and insert
``amended--
(1) by inserting ``(1)'' after the subsection
designation; and
(2) by inserting at the end the following:
``(2)(A) The Secretary shall maintain a list of delinquent
operators who fail to timely pay final assessments. Any
operator placed on that list for the first time shall be
subject to the requirements of this paragraph only until such
time as the Secretary determines that the operator is no longer
in arrears. Any operator placed on that list for a subsequent
time shall remain on the list until such time as the Secretary
determines the operator is committed to timely payment of final
assessments. Any operator who believes he or she has been
placed or retained on the list in error may file with the
Commission a request for consideration of decision.
``(B) An operator on the list maintained pursuant to
paragraph (A) shall,''.
Page 32, line 24, strike ``In the event'' and insert
``(C) In the event''.
At the end of the bill, insert the following:
SEC. 9. MINE SAFETY PROGRAM FUND.
Title I is further amended by adding at the end the
following:
``SEC. 117. MINE SAFETY PROGRAM FUND.
``(a) Establishment.--There is established in the Treasury a
separate account to be known as the `Mine Safety Program Fund'
(in this section referred to as the `Fund').
``(b) Transfers to the Fund.--There shall be deposited in the
Fund--
``(1) all penalties collected under section 110; and
``(2) any gifts, bequests, or donations to the Fund
from private entities or individuals, which the
Secretary of the Treasury is authorized to accept for
deposit into the Fund, except that the Secretary is not
authorized to accept any such gift, bequest, or
donation that--
``(A) attaches conditions inconsistent with
applicable laws or regulations; or
``(B) is conditioned upon or would require
the expenditure of appropriated funds that are
not available to the Secretary of Labor.
``(c) Expenditures.--Amounts in the Fund shall be available,
as provided in appropriations Acts, only for inspections and
investigations conducted pursuant to section 103.''.
Amend the table of contents in section 1(b) by adding at the
end the following:
Sec. 9. Mine safety program fund.
____________________________________________________
4. An Amendment To Be Offered by Representative Wilson of South
Carolina, or His Designee, Debatable for 30 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SENSE OF CONGRESS.
It is the Sense of Congress that the Mine Safety and Health
Administration should continue the full and timely
implementation of the Mine Improvement and New Emergency
Response Act of 2006, P.L. No. 109-236, and that the provisions
of that law should be implemented by the Administration as
robustly, safely, and expeditiously as possible.
SEC. 2. SAFETY COMMITTEES.
Title II of the Federal Mine Safety and Health Act of 1977 is
amended by adding at the end the following new section:
``SEC. 208. SAFETY COMMITTEES.
``Not later than 180 days after the date of enactment of this
section, the Secretary shall promulgate regulations pursuant to
section 101(a) providing that a mine operator may establish,
assist, maintain, and participate in workplace safety
committees, on which committees miners shall participate to
address issues of mine safety and to deal with the mine
operator regarding emergency response, communication, rescue,
recovery, inspection and other terms and conditions of
employment relating to mine safety.''.
SEC. 3. SUBSTANCE ABUSE TESTING.
Title II of such Act is further amended by adding at the end
the following:
``SEC. 209. SUBSTANCE ABUSE TESTING.
``(a) Testing Program.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
promulgate regulations pursuant to section 101(a) to require
the operator of each mine to institute a program to conduct
mandatory, random substance abuse testing of mine employees.
Such regulations shall be no less restrictive than regulations
issued by other Federal and State agencies which impose
mandatory substance abuse testing and shall provide for--
``(1) mandatory substance abuse testing procedures;
``(2) a process for the random selection of those
employees to be tested;
``(3) the protection of individuals' rights and
privacy;
``(4) the establishment of an Employee Assistance
Program; and
``(5) for purposes of subsection (b), a process for
mine operators to notify the Administration of the
names of individuals who test positive for substance
abuse.
``(b) Registry.--Not later than 180 days after the date of
enactment of this section, the Secretary shall promulgate
regulations creating a registry of those found to have tested
positive for substance abuse for the sole purpose of sharing,
on a confidential basis, with State authorities responsible for
issuance of licenses, certification, permits, or other
documents required to seek employment in the mining
industry.''.
SEC. 4. IMPROVING MINE SAFETY.
(a) Coordination With Bureau of Land Management.--The Mine
Safety and Health Administration shall regularly consult with
the Bureau of Land Management concerning the safety status of
mines in order for the Administration to maintain an awareness
of any safety concerns observed by Bureau of Land Management
personnel.
(b) Study of Deep Mine Conditions by Technical Study Panel.--
(1) Establishment of technical study panel.--There is
established a Technical Study Panel (hereafter referred
to as ``the Panel'') which shall provide independent
scientific and engineering review and provide
recommendations to the Mine Safety and Health
Administration to evaluate the risk assessment
procedures of deep mine conditions.
(2) Membership.--
(A) In general.--The Panel shall be composed
of--
(i) two individuals to be appointed
by the Secretary of Health and Human
Services, in consultation with the
Director of the National Institute for
Occupational Safety and Health and the
Associate Director of the Office of
Mine Safety;
(ii) two individuals to be appointed
by the Secretary of Labor, in
consultation with the Assistant
Secretary for Mine Safety and Health;
(iii) one individual appointed
jointly by the majority leaders of the
Senate and House of Representatives;
and
(iv) one individual to be appointed
jointly by the minority leader of the
Senate and House of Representatives.
(B) Qualifications.--Four of the 6
individuals appointed to the Panel under
paragraph (A) shall possess a masters or
doctoral level degree in mining engineering or
another scientific field demonstrably related
to the subject of the report. No individual
appointed to the Panel shall be an employee of
any coal or other mine, or of any labor
organization, or of any State or Federal agency
primarily responsible for regulating the mining
industry.
(3) Report.--
(A) In general.--Not later than 1 year after
the date on which all members of the Panel are
appointed under paragraph (2), the Panel shall
prepare and submit a report concerning deep
mine conditions to the Secretary of Labor, the
Secretary of Health and Human Services, the
Committee on Education and Labor of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(B) Response by the secretary.--Not later
than 180 days after the receipt of the report,
the Secretary of Labor shall provide a response
to the report and submit such response to the
Committee on Education and Labor of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
Such response shall contain a description of
the actions, if any, that the Secretary intends
to take based upon the report, including
proposing regulatory changes, and the reasons
for such actions.
(4) Compensation.--Members appointed to the Panel,
while carrying out the duties of the Panel, shall be
entitled to receive compensation, per diem in lieu of
subsistence, and travel expenses in the same manner and
under the same conditions as that prescribed under
section 208(c) of the Public Health Service Act.
(c) Study of Retreat Mining and Pillaring.--
(1) Study.--The National Institute for Occupational
Safety and Health shall conduct a study of the recovery
of coal pillars through retreat room and pillar mining
practices in underground coal mines at depths greater
than 1,500 feet. The study shall examine the safety
implications of retreat room and pillar mining
practices, with emphasis on the impact of full or
partial pillar extraction mining. The study shall
consider, among other things--
(A) seam thickness;
(B) depth of cover;
(C) strength of the mine roof, pillars, and
floor;
(D) the susceptibility of the mine to seismic
activity; and
(E) a sensitivity analysis on input
parameters such as strength of the coal, the
size of the pillar core, the strength of roof
and floor rock members, abutment pressure from
caved areas, and the horizontal stress; and
(F) the procedures used to ensure miner
safety during retreat mining.
(2) Report.--Not later than one year after the date
of enactment of this Act, the National Institute for
Occupational Safety and Health shall submit a report
containing the results of the study to the Secretary of
Labor and Committee on Education and Labor of the House
of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(3) Report by the secretary of labor.--Not later than
180 days after receipt of the report required under
paragraph 2, the Secretary of Labor shall report to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate what actions, if any,
that the Secretary intends to take based on the report.
(d) Dissemination of Accident Information.--Section 103 of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813)
amended by adding at the end the following:
``(l)(1) All information concerning the accident or incident
obtained by any person or organization participating in an
investigation under this section shall be transmitted to the
representative of the Administration coordinating the rescue
effort or subsequent accident investigation. Parties to the
investigation may relay to respective organizations information
necessary for purposes of prevention or remedial action. No
information concerning the accident or incident may be released
to any person not a party to the investigation or
representative of such party prior to the release of such
information by the Administration without the prior
consultation with and approval of the Administration.
``(2) For purposes of this subsection, parties to the
investigation include the mine owner, mine operator, employees
of that mine, first responders, mine rescue team members, or
others participating in the rescue and recovery effort.''.
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