[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2768 Reported in House (RH)]






                                                 Union Calendar No. 280
110th CONGRESS
  1st Session
                                H. R. 2768

                          [Report No. 110-457]

  To establish improved mandatory standards to protect miners during 
                  emergencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2007

Mr. George Miller of California (for himself, Mr. Rahall, Ms. Woolsey, 
  Mr. Murtha, Mr. Kucinich, Mr. Chandler, Mr. Hare, Mr. Bishop of New 
York, Mr. Mollohan, Mr. Payne, Mr. Holt, Mr. Sarbanes, and Mr. Yarmuth) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

                           November 15, 2007

  Additional sponsors: Ms. Shea-Porter, Mr. Grijalva, Mr. Space, Ms. 
Sutton, Ms. Linda T. Sanchez of California, Mr. Delahunt, Ms. DeLauro, 
 Mr. Abercrombie, Mr. Berman, Mr. Arcuri, Ms. Clarke, and Mr. Matheson

                           November 15, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               19, 2007]

_______________________________________________________________________

                                 A BILL


 
  To establish improved mandatory standards to protect miners during 
                  emergencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Supplemental Mine 
Improvement and New Emergency Response Act of 2007'' or the ``S-MINER 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions; references.
Sec. 4. Supplementing emergency response plans.
Sec. 5. Supplementing enforcement authority.
Sec. 6. Supplementing rescue, recovery, and incident investigation 
                            authority.
Sec. 7. Respirable dust standards.
Sec. 8. Other health requirements.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) while the MINER Act of 2006 (Public Law 109-236) was an 
        essential first step in addressing the many health and safety 
        hazards that miners still face, supplemental action is 
        necessary and feasible to better protect miners in coal and 
        other mines;
            (2) essential standards to protect miner health established 
        by the Federal Mine Safety and Health Act of 1977 are out of 
        date after 40 years, posing a significant threat to miner 
        health; and
            (3) the Secretary of Labor has failed in recent years to 
        adequately fulfill the Secretary's obligations under the 
        Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et 
        seq.), additional Congressional intervention is needed.

SEC. 3. DEFINITIONS; REFERENCES.

    (a) Definitions.--As used in this Act--
            (1) the term ``Secretary'' refers to the Secretary of 
        Labor; and
            (2) any other term used in this Act that is defined in 
        section 3 of the Federal Mine Safety and Health Act of 1977 (30 
        U.S.C. 802) shall have the meaning given the term in such 
        section.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).

SEC. 4. SUPPLEMENTING EMERGENCY RESPONSE PLANS.

    (a) Post Accident Communications.--Section 316(b)(2)(F)(ii) (30 
U.S.C. 876(b)(2)(F)(ii)) is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
                                    ``(II) Not later than''; and
            (2) by inserting after the clause designation the 
        following:
                                    ``(I) Not later than 120 days after 
                                the enactment of the S-MINER Act, a 
                                plan shall, to be in approved status, 
                                provide for a post accident 
                                communication system between 
                                underground and surface personnel, and 
                                for an electronic tracking system 
                                permitting surface personnel to 
                                determine the location of any persons 
                                trapped underground, that utilizes a 
                                system at least as effective as a 
                                `leaky feeder' or wireless mesh type 
                                communication and tracking system 
                                currently in use in the industry. These 
                                systems shall be enhanced physically, 
                                electronically, or redundantly, to 
                                improve their survivability in the 
                                event of a mine disaster. In addition, 
                                to be in approved status, an emergency 
                                response plan must be revised promptly 
                                to incorporate new technology which the 
                                National Institute for Occupational 
                                Safety and Health certifies can be 
                                added to the existing system to improve 
                                its ability to facilitate post-accident 
                                communication with or tracking of 
                                miners. No miner shall be disciplined 
                                based on information obtained from an 
                                electronic communications and tracking 
                                system.''.
    (b) Underground Refuges.--Section 316(b)(2)(E) (30 U.S.C. 
876(b)(2)(E)) is amended by adding at the end the following:
                            ``(vi) Not later than June 15, 2008, the 
                        Secretary shall issue interim final 
                        regulations, consistent with the design 
                        criteria recommended by National Institute for 
                        Occupational Safety and Health in its report 
                        pursuant to section 13(b)(1) of the MINER Act, 
                        and subject to the requirements of the next 
                        sentence, requiring each emergency response 
                        plan to provide for the installation of 
                        portable rescue chambers meeting National 
                        Institute for Occupational Safety and Health 
                        design criteria, or refuge shelters carved out 
                        of the mine workings and sealed with bulkheads 
                        meeting National Institute for Occupational 
                        Safety and Health design criteria, or other 
                        refuge designs recommended by National 
                        Institute for Occupational Safety and Health 
                        that provide miners with equivalent or better 
                        protection, in the working areas of underground 
                        coal mines within 60 days following plan 
                        approval. In addition, a plan shall provide for 
                        the maintenance of a mobile emergency shelter 
                        within 500 feet of the nearest working face in 
                        each working section of an underground coal 
                        mine.''.
    (c) Improvements to Seals, Ventilation Controls, and Rock Dusting 
to Limit the Damage From Explosions.--
            (1) Repeal.--The MINER Act (30 U.S.C. 801 note) is amended 
        by striking section 10 (concerning sealing of abandoned areas).
            (2) Seals.--Section 303(z) (30 U.S.C. 863(z)) is amended by 
        adding at the end the following:
    ``(4)(A) The Secretary shall inspect all seals under construction 
after the date of enactment of the S-MINER Act, during at least part of 
their construction, to ensure the mine operator is complying with the 
approved seal plan, and shall develop an inspection protocol for this 
purpose.
    ``(B) Not later than 3 months of the date of enactment of the S-
MINER Act, the Secretary shall issue final rules regarding approval, 
design, construction, inspection, maintenance and monitoring of 
underground coal mine seals which shall meet the requirements of this 
paragraph. Except as otherwise provided by this paragraph, these 
regulations shall implement the most recent recommendations of the 
National Institute of Occupational Safety and Health concerning seal 
design, construction, inspection, maintenance and monitoring. The 
regulations shall also provide that all seals in a mine shall be 
monitored if they are not designed or installed to withstand a constant 
total pressure of 240 pounds per square inch, using a static structural 
analysis. Monitoring of seals shall be done by continuous monitoring 
devices within one year of the date of enactment of this Act, and prior 
thereto by qualified personnel at such intervals as the Secretary 
determines are adequate to ensure safety. The Secretary shall require 
mine operators to utilize a tamper-resistant method to retain records 
of all such monitoring and ensure they are available for examination 
and verification by the agency. Monitoring of seals shall be done both 
by--
            ``(i) sampling through at least 1 seal in each bank of 
        seals; and
            ``(ii) for new seals, unless infeasible due to property 
        rights, sampling through a sufficient number of boreholes from 
        the surface to the sealed areas underground to effectively 
        determine the gas concentrations within the area.
    ``(C) In addition, the regulations shall provide that--
            ``(i) seal sampling pipes shall be composed of materials 
        that minimize the risk of transmitting any electrical charge, 
        and no conductive materials may be used to line boreholes 
        within three feet of the surface;
            ``(ii) an action plan for sealing and repair be established 
        that will, among any other requirements, include specific 
        actions the mine operator will take to protect miners during 
        the critical time period immediately after sealing or repair 
        takes place, and which shall be reviewed by personnel from the 
        Mine Safety and Health Administration who have the required 
        expertise prior to approval; and
            ``(iii) methane pressures behind any seal required to be 
        monitored shall be maintained in such a manner as ensure that 
        normal pressure variations that can be reasonably anticipated 
        in the area of the seal do not bring the methane-air mixture 
        into an appropriate safety range surrounding the known 
        explosive range of such mixtures.''.
            (3) Ventilation controls.--Section 303(c) (30 U.S.C. 863) 
        is amended by inserting at the end the following new paragraph:
    ``(4) Not later than 1 year after the date of enactment of the S-
MINER Act, the Secretary shall publish interim final regulations to 
enhance the survivability of underground mine ventilation controls. The 
Secretary shall require that stoppings be constructed using solid 
concrete blocks laid wet and sealed with an appropriate bonding agent 
on at least the side subjected to the velocity of the intake air 
coursing through the entry, except that in the case of stoppings 
constructed during barrier reduction and pillar removal operations, 
such stoppings may be constructed using hollow block and an appropriate 
bonding agent.''.
            (4) Rock dusting.--Section 304(d) (30 U.S.C. 864) is 
        amended by adding at the end the following: ``Not later than 
        June 15, 2009, the National Institute for Occupational Safety 
        and Health shall issue recommendations as to whether changes to 
        these requirements are necessary to ensure an equivalent level 
        of protection in light of any changes to the size and 
        composition of coal dust since these requirements were 
        established, and the Secretary of Labor shall take appropriate 
        action, including the issuance of an emergency temporary 
        standard if warranted, to respond to these recommendations.''.
    (d) Limiting Conveyor Belt Risks.--
            (1) Flame resistant conveyor belts.--Section 311(h) is 
        amended by adding at the end the following: ``Not later than 
        January 31, 2008, the Secretary shall publish interim final 
        regulations to ensure that all conveyor belts in use in 
        underground coal mines are replaced no later than December 31, 
        2012, with belts that can meet the flame resistance 
        requirements recommended by the National Institute for 
        Occupational Safety and Health, and which limit smoke and toxic 
        emissions. Any conveyor belt installed in a coal mine after the 
        date of enactment of the S-MINER Act shall meet such 
        requirements.''.
            (2) Belt air.--Section 303(y) (30 U.S.C. 863) is amended by 
        adding at the end the following:
    ``(3) Not later than June 20, 2008, the Secretary shall revise the 
regulations prescribed pursuant to this section to require, in any coal 
mine, regardless of the date on which it was opened, that belt haulage 
entries not be used to ventilate active working places. The Secretary 
may agree to a modification of this requirement, pursuant to the 
procedures of section 101(c), if and only if--
            ``(A) the mine operator establishes to the satisfaction of 
        the Secretary that significant safety constraints require such 
        usage; and
            ``(B) the mine operator agrees to comply with criteria 
        established by the Secretary which shall, at a minimum, include 
        the conditions recommended by the Technical Study Panel 
        established under section 514.
    ``(4) Plans that have been approved by the Secretary prior to the 
date of enactment of the S-MINER Act that permit the use of belt-air to 
ventilate active working places in a mine are permitted to remain in 
use to complete current mining up until the date of issuance of the 
regulation required pursuant to paragraph (3).''.
    (e) Pre-Shift Review of Mine Conditions.--Section 303(d) (30 U.S.C. 
863(d)) is amended by adding at the end the following new paragraph:
    ``(3) Not later than 90 days after the date of enactment of the S-
MINER Act, all mine operators shall be required to implement a 
communication program at each of such operators' facilities to ensure 
that each person entering the operation is made aware at the start of 
that person's shift of the current conditions of the mine in general 
and of that person's specific worksite in particular. In an effort to 
facilitate these communications, all agents of the operator who are 
responsible for ensuring the safe and healthful working conditions at 
the mine, including mine foremen, assistant mine foremen, and mine 
examiners, shall, upon exiting the mine or workplace, communicate with 
those replacing them on duty to verbally update them on the conditions 
they observed during their shift, including any conditions that are 
abnormal or hazardous. Prior to entering the mine or other workplace 
the on-coming agent of the operator shall meet with all members of the 
crew they are responsible for and inform them of the general conditions 
at the operation and in their specific work area. This process shall be 
completed prior to the start of each shift at the operation and 
recorded in a book designated for that purpose and available for 
inspection by all interested parties. In the event the operation is 
idle prior to the start of any shift the agent of the operator shall 
meet with the individual or individuals who were responsible for 
examining the mine to obtain the necessary information.''.
    (f) Atmospheric Monitoring Systems.--Section 317 (30 U.S.C. 877) is 
amended by adding at the end the following:
    ``(u) Not later than May 1, 2008, an operator of an underground 
mine shall install atmospheric monitoring systems in all underground 
areas where miners normally work and travel that provide real-time 
information regarding carbon monoxide levels, and that can, to the 
maximum extent possible, withstand explosions and fires.''.
    (g) Methane Monitors.--Section 303(h) (30 U.S.C. 863(h)) is amended 
by redesignating paragraph (2) as paragraph (3), and inserting after 
paragraph (1) the following new paragraph:
    ``(2) Each miner who is working alone for part of a shift shall be 
equipped with a multi-gas detector that measures current levels of 
methane, oxygen, and carbon monoxide.''.
    (h) Lightning Study by National Academy of Sciences.--Not later 
than 1 year after the date of enactment of this Act, the National 
Academy of Sciences shall submit to the Secretary and to Congress 
recommendations on--
            (1) actions that need to be taken to strengthen existing 
        requirements in law or regulations to ensure that miners are 
        protected, to the fullest extent permitted, from the risks of 
        lightning strikes near a mine;
            (2) recommendations for adopting any existing technology to 
        the mining environment to minimize any such risks; and
            (3) research needed for improved technology.
    (i) Roof and Rib Support, Barrier Reduction and Pillar Extraction, 
Special Attention to Deep Mining.--
            (1) Amendments to existing law.--Section 302 is amended--
                    (A) by amending the section heading to read ``roof 
                and rib support, barrier reduction and pillar 
                extraction, special attention to deep mining'';
                    (B) in subsection (a), by inserting after the 
                second sentence the following: ``The Secretary shall by 
                regulation ensure the appropriate use of roof screen in 
                belt entries, travelroads, and designated intake and 
                return escapeways in accordance with the requirements 
                of subsection (g).''; and
                    (C) by inserting at the end the following:
    ``(g) Where screening is required, at least forty percent of the 
width of the exposed roof shall be screened. Screening to meet the 
requirements of this section must have a load bearing capacity at least 
equivalent to a load of 2.5 tones between bolts on a 4 foot pattern.
    ``(h)(1) An operator shall be required to have a current and 
approved barrier reduction or pillar extraction plan, or both, before 
performing such activities. The Secretary shall only approve a barrier 
reduction or pillar extraction plan if it provides adequate protection 
and minimizes the risks for miners engaged in the activity, reflecting 
appropriate engineering analysis, computer simulations, and 
consultations with technical experts in the agency, in the National 
Institute for Occupational Safety and Health, and in the Bureau of Land 
Management for any mines leasing Federal coal resources, and only if 
the plan complies with any specific requirements that may be adopted by 
the Secretary for barrier reduction or pillar extraction activities 
including requirements related to the depth of the mine, geology of the 
mine, mine height and methods, and emergency response capabilities.
    ``(2) A copy of a proposed barrier reduction or pillar extraction 
plan, or both, shall be provided to the authorized representative of 
miners at least 10 days prior to submission to the Secretary for 
approval. The authorized representative of miners may provide comments 
to the Secretary who shall respond thereto.
    ``(3) The Secretary shall establish a special internal review 
process for operator plans to protect miners from the risks addressed 
by this section when working at depths of more than 1500 feet and in 
other mines with a history of mountain bumps.
    ``(i) Not later than 1 week before the commencement of any barrier 
reduction or pillar extraction operations, the mine operator shall 
notify the appropriate representative of the Secretary of his intention 
to begin or resume barrier reduction or pillar extraction. The 
Secretary shall document such notification in writing, and shall, 
before barrier reduction or pillar extraction operations begin, take 
action to ensure that every person who will be participating in such 
operations is trained in the operator's barrier reduction and/or and 
pillar extraction plan. The Secretary shall observe the barrier 
reduction or pillar extraction operations for a sufficient period of 
time to ensure that the mine operator is fully complying with the 
barrier reduction or pillar extraction plan. The Secretary may preclude 
the commencement of such operations or halt such operations at any time 
the safety of miners comes into question.''.
            (2) Study.--Not later than 1 year after the date of 
        enactment of this Act, the National Academy of Sciences shall, 
        in consultation with the National Institute for Occupational 
        Safety and Health, submit to the Secretary and to Congress 
        recommendations for--
                    (A) actions that need to be taken to strengthen 
                existing requirements in law or regulations to ensure 
                that miners are protected, to the fullest extent 
                permitted, from ground control hazards, including the 
                special hazards associated with barrier reduction and 
                pillar extraction;
                    (B) adopting any existing technology to the mining 
                environment to improve miner protections during barrier 
                reduction and pillar extraction, and on research needed 
                for improved technology to improve miner protections 
                during such operations;
                    (C) adopting any existing technology to the mining 
                environment to improve miner protections during mining 
                at depths below 1000 feet, and on research needed for 
                improved technology to improve miner protections during 
                such operations; and
                    (D) adopting any existing technology to the mining 
                environment to improve miner protections during 
                secondary mining of coal resources, and on research 
                needed for improved technology to improve miner 
                protections during such operations.
    (j) SCSR Inspection Program.--
            (1) In general.--The Secretary shall--
                    (A) establish a program to randomly remove and have 
                tested by the National Institute for Occupational 
                Safety and Health field samples of each model of self-
                rescue device used in an underground coal mine in order 
                to ensure that the self-rescue devices in coal mine 
                inventories are working in accordance with the approval 
                criteria for such devices;
                    (B) require a manufacturer of a self-rescue device 
                and the mine operator who owns a device to contact the 
                Secretary immediately upon notification of any 
                potential problem with any such device, and provide a 
                copy of such notice to the representative of miners at 
                the affected operation; and
                    (C) notify immediately all operators of underground 
                coal mines if the Secretary detects or is advised of 
                any problems with the self-rescue devices.
            (2) Determination.--For the purposes of paragraph (1)(A), 
        the National Institute for Occupational Safety and Health shall 
        determine the number of field samples of each device to be 
        removed for testing, and the mines from which the samples are 
        to be drawn to ensure a random sample is obtained, and shall 
        provide mine operators with self-rescue devices to replace any 
        removed for random testing. Should this testing reveal a 
        potential problem with a device that requires additional 
        testing, the Secretary shall remove such additional samples 
        from such mines as may be requested by the National Institute 
        for Occupational Safety and Health, and it shall be the 
        obligation of mine operators to provide self-rescue devices to 
        promptly replace any removed as a result of such additional 
        testing.
    (k) Application to Underground Metal and Nonmetal Mines.--Title II 
is amended by adding at the end the following new section:

``SEC. 207. APPLICATION TO UNDERGROUND METAL AND NONMETAL MINES.

    ``(a) Conveyor Belts.--The regulations to be issued pursuant to 
section 311(h) concerning conveyor belts shall also provide that all 
conveyor belts in use in underground metal and nonmetal mines are to be 
replaced, on the same schedule, with belts that can meet the flame 
resistance requirements recommended by the National Institute for 
Occupational Safety and Health, and which limit smoke and toxic 
emissions. Any conveyor belt installed in an underground metal or 
nonmetal mine after the date of enactment of the S-MINER Act shall meet 
such requirements.
    ``(b) Seals.--The regulations to be issued pursuant to section 
303(z)(2) concerning the approval, design, construction, inspection, 
maintenance and monitoring of underground coal mine seals shall make 
the same rules applicable to seals in underground metal and nonmetal 
mines which have been classified by the Secretary as a category I, III, 
or V mine pursuant to section 57.22003 of title 30, Code of Federal 
Regulations, because they naturally emit defined quantities of methane.
    ``(c) Advisory Committee.--Promptly after the date of enactment of 
the S-MINER Act The Secretary shall establish an advisory committee to 
provide recommendations as to the need to revise the regulations 
applicable to underground metal and nonmetal mines to ensure that 
miners in such mines are as protected in emergency situations as will 
be underground coal miners following the full implementation of the 
MINER Act, the provisions of the S-MINER Act, and related actions by 
the Secretary. The advisory committee shall be established pursuant to 
the Advisory Committee Act, and shall provide recommendations to the 
Secretary and to Congress not later than 21 months after the date of 
enactment of this Act, including recommendations as to any action by 
Congress that could facilitate the goal of providing equivalent 
protections to miners in underground metal and nonmetal mines.''.
    (l) Approval Center Priorities.--The Secretary shall expedite the 
process for approving any--
            (1) self-rescue device that permits the replenishment of 
        oxygen without requiring the device user to remove the device; 
        and
            (2) underground communication device that provides for 
        communication between underground and surface personnel via a 
        wireless two-way medium.
    (m) Technology and Mine Emergency Health and Safety Research 
Priorities.--In implementing its research activities in the 5-year 
period beginning on the date of enactment of this Act, the National 
Institute for Occupational Safety and Health shall give due 
consideration to new technologies, and existing technologies that could 
be adapted for use in underground coal or other mines, that could 
facilitate the survival of miners in a mining emergency. Such 
technologies include--
            (1) self-contained self-rescue devices capable of 
        delivering enhanced performance;
            (2) improved battery capacity and common connection 
        specifications to enable emergency communication devices for 
        miners to be run from the same portable power source as a 
        headlamp, continuous dust monitor, or other device carried by a 
        miner;
            (3) improved technology for assisting mine rescue teams, 
        including devices to enhance vision during rescue or recovery 
        operations;
            (4) improved technology, and improved protocols for the use 
        of existing technologies, to enable conditions underground to 
        be assessed promptly and continuously in emergencies, so as to 
        facilitate the determination by appropriate officials of the 
        instructions to provide both to miners trapped underground and 
        to mine rescue teams and others engaged in rescue efforts;
            (5) improvements to underground mine ventilation controls 
        separating mine entries to be more resistant to mine fires and 
        explosions, particularly in those entries used for miner 
        escapeways;
            (6) mine-wide monitoring systems and strategies that can 
        monitor mine gases, oxygen, air flows, and air quantities at 
        strategic locations throughout the mine that would be 
        functional during normal mining operations and following mine 
        fires, explosions, roof falls, and mine bursts, including 
        systems utilizing monitoring sensors that transfer data to the 
        mine surface and the installation of tubing to draw mine gas 
        samples that are distributed throughout the mine and can 
        quickly deliver samples to the mine surface; and
            (7) protective strategies for the placement of equipment, 
        cables, and devices that are to be utilized during mine 
        emergencies such as communication systems, oxygen supplies, and 
        mine atmosphere monitoring systems, to protect them from mine 
        fires, roof falls, explosions, and other damage.

SEC. 5. SUPPLEMENTING ENFORCEMENT AUTHORITY.

    (a) Authority of Inspectors.--Section 103(a) (30 U.S.C. 813(a)) is 
amended by adding at the end the following: ``No person shall limit or 
otherwise prevent the Secretary from entry on a coal or other mine, or 
interfere with the Secretary's inspection activities, investigative 
activities, or rescue or recovery activities.''.
    (b) Transition to a New Generation of Inspectors.--Section 505 (30 
U.S.C. 954) is amended--
            (1) by striking ``The Secretary'' the first place it 
        appears and inserting ``(a) The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Within 270 days of the enactment of the S-MINER Act, the 
Secretary shall establish a Master Inspector program to ensure that the 
most experienced and skilled employees in the Nation have the 
incentive, in terms of responsibilities and pay, to serve as mine 
safety and health inspectors in this Nation's mines.
    ``(c) In order to ensure that the Secretary has adequate time to 
provide that a sufficient number of qualified and properly trained 
inspectors of the Mine Safety and Health Administration are in place 
before any inspectors employed as of the date of enactment of the S-
MINER Act retire, any ceilings on the number of personnel that may be 
employed by the Administration with respect to mine inspectors are 
abolished for the 5-year period beginning on the date of enactment of 
such Act.
    ``(d) In the event that, notwithstanding the actions taken by the 
Secretary to hire and train qualified inspectors, the Secretary is 
temporarily unable, at any time during the 5-year period beginning on 
the date of enactment of the S-MINER Act, to employ the number of 
inspectors required to staff all district offices devoted to coal mines 
at the offices' highest historical levels without transferring 
personnel from supervisory or plan review activities or diminishing 
current inspection resources devoted to other types of mines, the 
Administration is authorized to hire retired inspectors on a 
contractual basis to conduct mine inspections, and the retirement 
benefits of such retired inspectors shall not be reduced as a result of 
such temporary contractual employment.
    ``(e) During the 5-year period beginning on the date of enactment 
of the S-MINER Act, the Secretary shall issue a special report to the 
appropriate committees of Congress each year, or at such more frequent 
intervals as the Secretary or any such committee may consider 
appropriate, providing information about the actions being taken under 
this section, the size and training of the inspector workforce at the 
Mine Safety and Health Administration, the level of enforcement 
activities, and the number of requests by individual operators of mines 
for compliance assistance.''.
    (c) Office of Miner Ombudsman.--Title V is amended by adding at the 
end the following:

``SEC. 516. OFFICE OF MINER OMBUDSMAN.

    ``(a) Establishment of Miner Ombudsman.--There shall be 
established, within the Office of the Inspector General of the 
Department of Labor, the position of Miner Ombudsman. The President, by 
and with the advice and consent of the Senate, shall appoint an 
individual with expertise in mine safety and health to serve as the 
Miner Ombudsman. The Ombudsman shall have authority to hire such 
personnel as are required to administer his duties in accordance with 
applicable law, provided they meet any general requirements for 
employment within the Office of the Inspector General.
    ``(b) Duties.--The Miner Ombudsman shall--
            ``(1) recommend to the Secretary appropriate practices to 
        ensure the confidentiality of the identity of miners, and the 
        families or personal representatives of the miners, who contact 
        mine operators, authorized representatives of the miners, the 
        Mine Safety and Health Administration, the Department of Labor, 
        or others with information about mine accidents, incidents, 
        injuries, illnesses, possible violations of mandatory health or 
        safety standard violations or plans or other mine safety and 
        health concerns;
            ``(2) establish a toll-free telephone number and 
        appropriate Internet website to permit individuals to 
        confidentially report mine accidents, incidents, injuries, 
        illnesses, possible violations of mandatory health or safety 
        standard violations or plans or other mine safety and health 
        concerns, and provide plastic wallet cards, refrigerator 
        magnets, or similar devices to all mine operators, which mine 
        operators shall distribute to all current and new miners, with 
        contact information for such confidential reports, and also 
        provide supplies of these devices to miner communities;
            ``(3) collect and forward information concerning accidents, 
        incidents, injuries, illnesses, possible violations of 
        mandatory health or safety standard violations or plans or 
        other mine safety and health concerns to the appropriate 
        officials of the Mine Safety and Health Administration for 
        investigation, or to appropriate officials within the Office of 
        Inspector General for investigation or audit, or both, while 
        establishing practices to protect the confidentiality of the 
        identify of those who provide such information to the 
        Ombudsman; and
            ``(4) monitor the Secretary of Labor's efforts to promptly 
        act upon complaints filed by miners under section 105(c) of the 
        Act or pursuant to other programs administered by the 
        Department to protect whistleblowers, and report to Congress 
        any recommendations that would enhance such rights or 
        protections.
    ``(c) Authority.--All complaints of operator violations of any 
section of this Act or regulations prescribed under this Act that are 
reported to the Secretary shall be forwarded to the Ombudsman for 
logging and appropriate action, except that this requirement shall be 
implemented in such a way as to avoid interference in any way with the 
ability of the Assistant Secretary for Mine Safety and Health to take 
prompt actions that may be required in such situations. This shall 
include complaints submitted in writing, via any phone system, or 
orally, along with all relevant information available regarding the 
complainant. All such information shall be retained in a confidential 
manner pursuant to the Privacy Act of 1974. The Ombudsman shall use 
such information to monitor the actions taken to ensure that miners' 
complaints are addressed in a timely manner and in compliance with the 
appropriate statutes and regulations. The Ombudsman shall refer to 
appropriate personnel within the Office of the Inspector General for 
further review any case which he determines was not handled in such 
fashion.
    ``(d) Authorization of Appropriations.--There are hereby authorized 
to be appropriated to the Ombudsman such sums as may be required for 
the implementation of his duties out of the sums otherwise made 
available to the Mine Safety and Health Administration for its 
activities.''.
    (d) Pattern of Violations.--
            (1) Prompt identification of pattern.--Not later than 3 
        months after the date of enactment of this Act, the Secretary 
        shall revise the regulations issued by the Secretary under 
        section 104(e) of the Federal Mine Safety and Health Act of 
        1977 (30 U.S.C. 814(e)) as in effect on the day before such 
        date of enactment, so that the regulations provide that--
                    (A) when a potential pattern of violations is 
                identified by any inspector or district manager of the 
                Mine Safety and Health Administration, the operator of 
                the coal or other mine and the authorized 
                representative of miners for the mine shall be notified 
                by the inspector or district manager not later than 10 
                days after such identification; and
                    (B) after receiving the notification described in 
                subparagraph (A), the appropriate official of the Mine 
                Safety and Health Administration shall promptly review 
                any such potential pattern of violations and, not later 
                than 45 days after receiving such notification, make a 
                final decision as to whether a citation for a violation 
                of section 104(e) of such Act should be issued in light 
                of the gravity of the violations and the operator's 
                conduct in connection therewith.
            (2) Identification of pattern.--Section 104(e)(1) (30 
        U.S.C. 814(e)(1)) is amended by inserting after the first 
        sentence the following: ``In determining whether a pattern of 
        violations exists, the Secretary shall give due consideration 
        to all relevant information, such as the gravity of the 
        violations, operator negligence, history of violations, the 
        number of inspection shifts the Secretary or her agents have 
        spent at the operation, and the frequency of violations per 
        number of inspection days spent at the operation.''.
            (3) Termination of pattern.--Section 104(e)(3) (30 U.S.C. 
        814(e)(3)) is amended by adding at the end the following: ``In 
        addition, if an operator subject to paragraphs (1) and (2) 
        demonstrates objective evidence that they are correcting the 
        problems that gave rise to the pattern of violations, and the 
        violation frequency rate for such operator declines 
        significantly for a period of 180 days, the withdrawal order 
        provisions of paragraphs (1) and (2) shall no longer apply.''.
            (4) Fine for a pattern of violations.--Section 110 (30 
        U.S.C. 820) is amended--
                    (A) by redesignating subsections (i) through (l) as 
                subsections (j) through (m), respectively; and
                    (B) by inserting after subsection (h) the 
                following:
    ``(i)(1) If the Secretary determines that a pattern of violations 
under section 104(e) exists, the Secretary shall assess a penalty, in 
addition to any other penalty authorized in this Act for a violation of 
such section, of not less than $50,000 nor more than $250,000. All 
operators of the mine, including any corporate owners, shall be jointly 
and severally liable for such penalty. The amount of the assessment 
under this paragraph shall be designed to ensure a change in the future 
conduct of the operators and corporate owners of such mine with respect 
to mine safety and health, given the overall resources of such 
operators. Notwithstanding subsection (k) or section 113, a penalty 
assessed by the Secretary under this paragraph may not be reduced by 
the Commission.
    ``(2) In addition to the authority to withdraw miners from an area 
of a coal or other mine pursuant to section 104(e), the Secretary shall 
withdraw all miners from the entire mine when any pattern of violations 
has been determined to exist until such time as the Secretary certifies 
that all identified violations have been corrected and the operator has 
agreed to abide by a written plan approved by the Mine Safety and 
Health Administration to ensure that such a pattern of conduct will not 
recur.''.
    (e) Notification of Abatement.--Section 104(b) (30 U.S.C. 814(b)) 
is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``If,'' and inserting:
    ``(2) If,''; and
            (3) by inserting after the subsection designation the 
        following:
    ``(1) An operator issued a citation pursuant to subsection (a) 
shall notify the Secretary that the operator has abated the violation 
involved. If such operator fails to provide such a notice to the 
Secretary within the abatement time as provided for in the citation, 
the Secretary shall issue an order that requires the operator (or the 
agent of the operator) to immediately cause all persons, except those 
persons referred to in subsection (c), to be withdrawn from, and to be 
prohibited from entering, such area as the Secretary determines until 
an authorized representative of the Secretary determines that such 
violation has been abated. Notwithstanding any operator notice, no 
violation shall be determined to be abated until an authorized 
representative of the Secretary visits the site and determines such 
violation has been fully abated.''.
    (f) Failure to Timely Pay Penalty Assessments.--Section 105(a) (30 
U.S.C. 815(a)) is amended by striking the third sentence and inserting 
the following: ``The operator shall, not later than 30 days from the 
receipt of the notification of a citation issued by the Secretary, 
notify the Secretary that the operator intends to contest the citation 
or proposed assessment of a penalty, and the operator shall place in 
escrow with the Secretary the amount of the proposed assessment. The 
Secretary shall place any escrow submitted by a mine operator for this 
purpose into an interest bearing account and shall release the funds to 
the operator, including interest accrued, upon the payment of any final 
assessment determination. If notification and proof of escrow is not 
provided to the Secretary, the citation and the proposed assessment of 
penalty shall be deemed a final order of the Commission and not subject 
to review by any court or agency. In the event that a mine operator 
refuses to comply with a final order of the Commission to pay civil 
monetary penalties and statutory interest, the Secretary shall have the 
authority to issue an order requiring the mine operator to cease 
production under such final orders of the Commission have been paid in 
full.''
    (g) Maximum and Minimum Penalties.--Section 110(a)(1) (30 U.S.C. 
820(a)(1)) is amended by striking ``more than $50,000 for each such 
violation.'' and inserting ``less than $500 or more than $100,000 for 
each such violation, except that, in the case of a violation of a 
mandatory health or safety standard that could significantly and 
substantially contribute to the cause and effect of a coal or other 
mine health or safety hazard, the penalty shall not be less than $1,000 
or more than $150,000, for each such violation.''.
    (h) Factors in Assessing Penalties.--The Federal Mine Safety and 
Health Act of 1977 is amended--
            (1) in section 105(b)(1)(B)--
                    (A) by striking: ``the size of the business of the 
                operator charged'' and inserting ``the combined size of 
                the business of the operator and any controlling 
                entity'';
                    (B) by striking ``the effect on the operator's 
                ability to continue in business,''; and
                    (C) by adding at the end the following: ``In 
                settling cases, the Secretary shall utilize the same 
                point system as that utilized to propose penalties, so 
                as to ensure consistency in operator penalty 
                assessments.''; and
            (2) in section 110(j) (as redesignated by subsection 
        (a)(4))--
                    (A) by striking: ``the size of the business of the 
                operator charged'' and inserting ``the combined size of 
                the business of the operator and any controlling 
                entity'';
                    (B) by striking ``the effect on the operator's 
                ability to continue in business,''; and
                    (C) by adding at the end the following: ``In any 
                review requested by a mine operator, or in settling 
                cases, the Commission shall utilize the same point 
                system as that developed by the Secretary for proposed 
                assessments so as to ensure consistency in operator 
                penalty assessments.''.
    (i) Civil Penalty for Interference or Discrimination.--Section 110 
(30 U.S.C. 820) is further amended by adding at the end the following:
    ``(n) Civil Penalty for Interference or Discrimination.--Any 
operator who is found to be in violation of section 105(c), or in 
violation of section 103(a) (as amended by this Act) shall be subject 
to a civil penalty of not less than $10,000 nor more than $100,000 for 
each occurrence of such violation.''.
    (j) Withdrawal Order.--Section 107(a) (30 U.S.C. 817(a)) is amended 
by inserting after the first sentence the following: ``In addition, in 
the event of any violation of section 315 or section 316, or 
regulations issued pursuant to such sections, such representative shall 
determine the extent of the area of such mine throughout which the 
danger exists and issue an order requiring the operator of such mine to 
cause all persons, except those referred to in section 104(c), to be 
withdrawn from, and to be prohibited from entering, such area until an 
authorized representative of the Secretary determines that the 
violations have been abated.''.
    (k) Clarifications of Intent in the 1977 Act.--The Federal Mine 
Safety and Health Act of 1977 is amended--
            (1) in section 3(d) (30 U.S.C. 802)--
                    (A) by inserting ``mineral'' before ``owner'';
                    (B) by inserting ``mineral'' before ``lessee'';
                    (C) by striking ``or any independent'' and 
                inserting ``and any independent''; and
                    (D) by inserting before the semicolon the 
                following: ``, and no operator may, by contract or 
                other agreement, limit any liability under this Act 
                through transfer of any responsibilities to another 
                person'';
            (2) in section 103 (30 U.S.C. 813)--
                    (A) in subsection (b)--
                            (i) by striking the first sentence and 
                        inserting the following: ``For the purpose of 
                        enabling the Secretary to perform the functions 
                        under this Act, the Secretary may, after 
                        notice, hold public hearings and sign and issue 
                        subpoenas for the attendance and testimony of 
                        witnesses and the production of information, 
                        including but not limited to relevant data, 
                        papers, books, documents and items of physical 
                        evidence, and administer oaths, whether or not 
                        in connection with a public hearing.''; and
                            (ii) in the last sentence by striking 
                        ``documents'' and inserting ``information, 
                        including data, papers, books, documents, and 
                        items of physical evidence''; and
                    (B) in subsection (h), in the first sentence, by 
                striking ``information'' and inserting ``data, papers, 
                books, documents, and items of physical evidence'';
            (3) in section 104 (30 U.S.C. 814)--
                    (A) in subsections (d)(1), (e)(1), (e)(2), (e)(3), 
                and (e)(4), as amended by this Act, by inserting ``or 
                any provision of this Act'' after ``standard'' or 
                ``standards'' each place either such term appears; and
                    (B) in subsection (d)(1), as amended by this Act, 
                by striking ``while the conditions created by such 
                violation do not cause imminent danger,'';
            (4) in section 105 (30 U.S.C. 815)--
                    (A) in subsection (a), in the first sentence, by 
                striking ``, within a reasonable time after the 
                termination of such inspection or investigation,'';
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by inserting ``or an injury or 
                                illness in a coal or other mine or that 
                                may be associated with mine 
                                employment,'' after ``of an alleged 
                                danger or safety or health violation in 
                                a coal or other mine,''; and
                                    (II) by inserting at the end the 
                                following: ``No miner shall be required 
                                to work under conditions he has 
                                reasonable grounds to believe to be 
                                abnormally and immediately dangerous to 
                                himself beyond the normal hazards 
                                inherent in the operation which could 
                                reasonably be expected to cause death 
                                of serious physical harm before such 
                                condition or practice can be abated.''; 
                                and
                            (ii) in paragraph (2), by inserting after 
                        the fifth sentence the following: ``No 
                        investigation or hearing authorized by this 
                        paragraph may be stayed to await resolution of 
                        a related grievance proceeding''; and
                    (C) by adding at the end the following:
    ``(e) Attorneys representing the Secretary are authorized to 
contact any miner or non-managerial employee of a mine operator for the 
purposes of carrying out the Secretary's functions under this Act and 
no attorney representing the Secretary shall be disbarred or 
disciplined by any State bar or State court for making such contacts. 
No attorney representing a mine operator in a matter under this Act may 
concurrently represent individual miners in the same matter.''; and
            (5) in section 110 (30 U.S.C. 820)--
                    (A) in subsection (b)(2), by striking ``under'' and 
                inserting ``of subsections (a) through (h) of''; and
                    (B) in subsection (c)--
                            (i) by striking ``Whenever a corporate 
                        operator'' and inserting ``Whenever a mine 
                        operator'';
                            (ii) by striking ``safety standard'' and 
                        inserting ``safety standard or requirement of 
                        this Act'';
                            (iii) by inserting ``partner, owner,'' 
                        after ``director,''; and
                            (iv) by striking ``such corporation'' and 
                        inserting ``such mine operator''.
    (l) Federal Licensing.--The Secretary shall promptly establish an 
advisory committee to provide recommendations as to whether the Federal 
Mine Safety and Health Act of 1977 should provide for Federal licensing 
of mines, mine operators, mine controllers, or various mine personnel 
in order to ensure that those engaged in mining activities are not 
frequent violators of safety and health requirements, and establish a 
national registry in connection therewith. The advisory committee shall 
be established pursuant to the Advisory Committee Act, and shall 
conduct a review of existing State licensing requirements and 
registries, assess their effectiveness, and shall provide its 
recommendations to Congress not later than 2 years after the date of 
enactment of this Act.

SEC. 6. SUPPLEMENTING RESCUE, RECOVERY, AND INCIDENT INVESTIGATION 
              AUTHORITY.

    (a) Emergency Call Center.--Not later than 30 days after the date 
of enactment of this Act, the Secretary shall establish, within the 
Mine Safety and Health Administration, a central communications 
emergency call center for all coal or other mine operations that shall 
be staffed and operated 24 hours per day, 7 days per week, by 1 or more 
employees of the Mine Safety and Health Administration. All calls 
placed to the emergency call center shall be answered by an individual 
with adequate experience and training to handle emergency mine 
situations. A single national phone number shall be provided for this 
purpose and the Secretary shall ensure that all miners and mine 
operators are issued laminated cards with emergency call center 
information.
    (b) Contact Information.--The Secretary shall provide the emergency 
call center with a contact list, updated not less often than quarterly, 
that contains--
            (1) the contact phone numbers, including the home phone 
        numbers, for the members of each mine rescue team responsible 
        for each coal or other mine;
            (2) the phone numbers for the local emergency and rescue 
        services unit that is located nearest to each mine;
            (3) the contact phone numbers, including the home phone 
        number, for the operator of each mine;
            (4) the contact phone numbers, including the home phone 
        numbers, for the national and district officials of the Mine 
        Safety and Health Administration;
            (5) the contact phone numbers, including the home phone 
        numbers, for the State officials in each State who should be 
        contacted in the event of a mine emergency in such State; and
            (6) the contact phone numbers, including the home phone 
        number, for the authorized representative of the miners at each 
        mine.
Each mine operator shall ensure that the Secretary is provided with 
completely current information required to be maintained by the 
Secretary pursuant to paragraphs (1), (3), and (6). The Secretary shall 
give due consideration to the information collected by the joint 
government-industry Mine Emergency Operations database.
    (c) Mine Locations; Repository of Mining Maps.--
            (1) Mine locations.--The Secretary shall establish, 
        maintain, and keep current, on the Department of Labor's 
        website, a detailed map or set of maps showing the exact 
        geographic location of each operating or abandoned mine in the 
        United States, as determined by a global positioning system. 
        Such map or maps shall--
                    (A) be presented, through links within the website, 
                in such a way as to make the location of a mine 
                instantly available to the emergency personnel 
                responding to the mine;
                    (B) be available to members of the public;
                    (C) allow a user to find the geographic location of 
                a particular mine, or the geographic locations of all 
                mines of a particular type in a county, congressional 
                district, State, or other commonly used geographic 
                region; and
                    (D) provide the geographic location of any mining 
                waste impoundments with links to associated emergency 
                contact information and available emergency response 
                plans.
            (2) Repository of mining maps.--The Secretary shall 
        establish a national repository for preserving a digital 
        archive of mining maps to be accessible directly and without 
        delay from the Department's web site. The mining maps shall 
        include copies of all historic maps that can be obtained, as 
        well as copies of currently approved mining maps, which the 
        Secretary shall arrange to copy and preserve in digital form. 
        The Secretary may coordinate the operation of such repository 
        with the Secretary of the Interior provided the other 
        requirements of this paragraph are observed. In addition, the 
        Secretary shall include in this repository copies of the most 
        currently available mine emergency response plan, roof plans, 
        ventilation plans, and such other plans required for any type 
        of mine, following any required approval, so that they may be 
        immediately accessed in an emergency, in a manner consistent 
        with the requirements of section 312(b) of the Act.
    (d) Required Notification of Emergencies and Serious Incidents.--
Section 103(j) (30 U.S.C. 813(j)) is amended--
            (1) in the first sentence, by inserting ``or reportable 
        event'' after ``accident'';
            (2) in the second sentence--
                    (A) by inserting ``of accidents'' after ``the 
                notification''; and
                    (B) by inserting ``, or in the case of a reportable 
                event that is not required to be reported as an 
                accident, within 1 hour of the time at which the 
                operator realizes that the event has occurred'' before 
                the period; and
            (3) by inserting at the end the following: ``For the 
        purposes of this subsection, a reportable event shall include--
            ``(1) a fire not required to be reported more promptly;
            ``(2) a sudden change in mine atmospheric conditions in a 
        sealed area;
            ``(3) a coal or rock outburst that causes the withdrawal of 
        miners; or
            ``(4) any other event, as determined in regulations 
        promulgated by the Secretary, that needs to be reported within 
        1 hour in order for the Secretary to determine if the working 
        conditions in the mine are safe.''.
    (e) Enhancing the Capabilities of Mine Rescue Teams.--
            (1) Amendment to fmsha.--Section 115(e)(2)(B) (30 U.S.C. 
        825(e)(2)(B)) is amended by adding at the end the following:
    ``(v) The provision of uniform credentials to mine rescue team 
members, support personnel, or vehicles for immediate access to any 
mine site.
    ``(vi) The plans required at each mine to ensure coordination with 
local emergency response personnel and to ensure that such personnel 
receive adequate training to offer necessary assistance to mine rescue 
teams in the event such assistance is requested. Such local emergency 
response personnel shall not perform the duties of any mine rescue 
team.
    ``(vii) Requirements to ensure that operators are prepared to 
facilitate the work of mine rescue teams during an emergency by--
            ``(I) storing necessary equipment not brought on site by 
        mine rescue teams in locations readily accessible to mine 
        rescue teams;
            ``(II) providing mine rescue teams with a parking and 
        staging area adequate for their needs;
            ``(III) identifying a space appropriate for coordinating 
        emergency communications with the mine rescue team; and
            ``(IV) identifying and maintaining separate spaces for 
        family members, community members, and press to assemble during 
        an emergency so as to facilitate communications with these 
        groups while ensuring the efforts of the mine rescue teams are 
        not hindered.''.
            (2) Research.--Section 22(h)(5)(A) of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 671(h)(5)(A)) is 
        amended by adding before the period at the end thereof: 
        ``including advanced drilling technologies, and any special 
        technologies required for safety or rescue in mining more than 
        1,500 feet in depth''.
    (f) Title I of the Act is amended by adding at the end thereof a 
new section:

``SEC. 117. EMERGENCY PREPAREDNESS PLAN.

    ``Not later than 6 months of the enactment of the S-MINER Act, the 
Secretary shall establish and disseminate guidelines for rescue 
operations that will: (1) establish clear lines of authority within the 
agency for such operations; (2) establish clear lines of demarcation so 
private sector and State responders can properly implement their 
responsibilities; (3) be appropriate for rescue in various types of 
conditions reasonably likely to be encountered in the United States, 
including such factors as the depth of the mining, ground stability, 
ground slope, remoteness from major roads, surface ownership and access 
problems, and the availability of necessary communications linkages. 
The Secretary shall consult with States, rescue teams and other 
responders in developing such guidelines, and shall update them from 
time to time based upon experience.''.
    (g) Authority of Secretary During Rescue Operations.--Section 103 
(30 U.S.C. 813) is further amended--
            (1) in subsection (j), by adding at the end thereof:
``If the representative of the Secretary supervises and directs the 
rescue and recovery activities in such mine, the operator shall comply 
with the requests of the authorized representative of the Secretary to 
facilitate rescue and recovery activities including the provision of 
all equipment, personnel, and other resources required to perform such 
activities in accordance with the schedule and requirements established 
by the representative of the Secretary for this purpose, and failure of 
the operator to comply in this regard shall be considered an egregious 
violation of this Act.''; and
            (2) in subsection (k), by striking ``, when present,''.
    (h) Rescue Communications.--
            (1) Repeal.--The MINER Act (30 U.S.C. 801 note) is amended 
        by striking section 7, redesignating sections 8 and 9 as 
        sections 7 and 8, and sections 11 through 14 as sections 9 
        through 12, respectively.
            (2) Amendment to fmsha.--Title I of the Act is further 
        amended by adding at the end the following:

``SEC. 118. FAMILY LIAISONS REQUIREMENT.

    ``The Secretary shall--
            ``(1) designate a full-time permanent employee of the Mine 
        Safety and Health Administration to serve as a Family Liaison, 
        who shall, at least in instances where multiple miners are 
        trapped, severely injured or killed, act as the primary 
        communication with the families of the miners concerning all 
        aspects of the rescue operations, including the location or 
        condition of miners, and assist the families in getting answers 
        to their questions, and otherwise serve as a liaison to the 
        families, and provide for the temporary reassignment of other 
        personnel who may be required to assist the Family Liaison in 
        connection with a particular incident;
            ``(2) require the Mine Safety and Health Administration to 
        be as responsive as possible to requests from the families of 
        such miners for information relating to the mine accident, and 
        waive any fees required for the production of documents 
        pursuant to 5 U.S.C. 552(a)(3) in connection with a request 
        from a family member, or authorized representative of miners, 
        for documents relating to a mine fatality, notwithstanding any 
        conditions for fee waivers law that may otherwise be imposed by 
        law; and
            ``(3) designate a highly qualified representative of the 
        Secretary with experience in public communications to be 
        present at mine accident sites where rescues are in progress 
        during the entire duration of such rescues, to serve as the 
        primary communicator with the press and the public concerning 
        all aspects of the rescue operations, including the location or 
        condition of miners.''.
            (3) Conforming amendments.--The Act is amended--
                    (A) in section 103(f), by inserting before the 
                period at the end of the first sentence the following: 
                ``, and to participate in any accident investigation 
                pursuant to the requirements of this Act. Any family 
                member of a miner trapped or otherwise unable to 
                execute a designation of a miner representative on his 
                or her own behalf may do so on behalf of the miner for 
                any and all purposes''; and
                    (B) in section 316(b)(2)(E)(vi) (as added by this 
                Act), by adding at the end the following ``The plan 
                shall also set forth the operator's plans for assisting 
                the Secretary in the implementation of section 118.''.
    (i) Recovery.--Section 103 is amended by adding at the end 
thereof--
    ``(l) Rescue efforts for trapped miners shall not cease as long as 
there is any possibility that miners are alive, unless such efforts 
pose a serious danger to rescue or other workers, and the decision to 
cease a rescue shall be made by the Secretary`s representative. 
Thereafter, efforts to recover the remains of miners shall continue 
unless such efforts pose a serious danger to recovery workers, and the 
decision to cease such recovery efforts shall be made by the 
Secretary's representative.''.
    (j) Accident and Incident Investigations.--Section 103(b) (30 
U.S.C. 813(b), as amended by section 5(k)(2) of this Act, is further 
amended--
            (1) by striking ``For the purpose'' and inserting the 
        following:
    ``(3) For the purpose'';
            (2) by inserting after the subsection designation the 
        following:
    ``(1) For all accident and incident investigations under this Act, 
the Secretary shall determine why the accident or incident occurred; 
determine whether civil or criminal requirements were violated and, if 
so, issue citations and penalties, and make recommendations to avoid 
any recurrence. The Secretary shall also determine whether the conduct 
or lack thereof by Agency personnel contributed to the accident or 
incident.
    ``(2)(A) For any accidents or incidents involving multiple serious 
injuries or deaths, or multiple entrapments, there shall also be an 
independent investigation to consider why the accident or incident 
occurred, make recommendations to avoid a recurrence, and determine 
whether the conduct or lack thereof by agency personnel contributed to 
the accident or incident.
    ``(B) Not later than 30 days after the date of enactment of the S-
MINER Act, the Secretary shall initiate rulemaking activity to 
establish rules on the procedures that will be used to investigate 
accidents and incidents involving multiple serious injuries or deaths, 
or multiple entrapments, and shall directly contact and solicit the 
participation of
            ``(i) individuals identified by the Secretary as family 
        members of miners who perished in mining accidents of any type 
        during the preceding 10-year period;
            ``(ii) organizations representing miners;
            ``(iii) mine rescue teams;
            ``(iv) Federal, State, and local investigation and 
        prosecutorial authorities; and
            ``(v) others whom the Secretary determines may have 
        information relevant to this rulemaking.
Such rulemaking shall be completed by October 1, 2008.
    ``(C) The rules for the investigation of accidents or incidents 
involving multiple serious injuries or deaths, or multiple entrapments, 
shall provide for the appointment and operations of any such 
independent investigation team in accordance with the requirements of 
this paragraph. An independent investigation team shall be appointed by 
the Director of the National Institute for Occupational Safety and 
Health as soon as possible after a qualifying accident or incident. The 
members shall consist of:
            ``(i) a representative from the National Institute for 
        Occupational Safety and Health who shall serve as the Chairman;
            ``(ii) a representative of mine operators with familiarity 
        with the type of mining involved;
            ``(iii) a representative of mine workers with familiarity 
        with the type of mining involved, who shall be the workers' 
        certified bargaining representative at the mine or, if there is 
        no certified representative at the mine, then a workers' 
        representative jointly selected by organized labor 
        organizations:
            ``(iv) an academic with expertise in mining; and
            ``(v) a representative of the State in which the accident 
        or incident occurred to be selected by the Governor.
    ``(D) Such rules shall include procedures to ensure that the 
Secretary will be able to cooperate fully with the independent 
investigation team and will use the powers of the Secretary under this 
section to help obtain information and witnesses required by the 
independent investigation team, procedures to ensure witnesses are not 
coerced and to avoid conflicts of interest in witness representation, 
procedures to ensure confidentiality if requested by any witness, and 
procedures to enable the independent investigation team to conduct such 
public hearings as it deems appropriate. Such rules shall also require 
that upon completion of any accident or incident investigation of 
accidents or incidents involving multiple serious injuries or deaths, 
or multiple entrapments, the independent investigation team shall--
            ``(i) issue findings as to the actions or inactions which 
        resulted in the accident or incident;
            ``(ii) make recommendations as to policy, regulatory, 
        enforcement or other changes, including statutory changes, 
        which in the judgment of the independent investigation team 
        would best prevent a recurrence of such actions or inactions at 
        other mines; and
            ``(iii) promptly make all such findings and recommendations 
        public (except findings and recommendations that must be 
        temporarily withheld in connection with a criminal referral), 
        including appropriate public hearings to inform the mining 
        community of their respective findings and recommendations.
    ``(E) As part of the Secretary's annual report to Congress pursuant 
to section 511(a), the Secretary shall report on implementation of 
recommendations issued by any independent investigation teams in the 
preceding 5 years.''; and
            (3) by adding at the end the following:
    ``(4) Nothing in this Act shall be construed to limit the authority 
of the Chemical Safety and Hazard Investigation Board to conduct an 
independent investigation of the accident or incident or the events or 
factors resulting therein, nor with the authority of the Office of the 
Inspector General to conduct an investigation of the conduct of DOL 
personnel in connection with an accident or incident or the events or 
factors resulting therein, and the Secretary shall cooperate in full 
with any such investigation. Such investigation shall be in addition to 
any investigation authorized by section 103(b).''.

SEC. 7. RESPIRABLE DUST STANDARDS.

    (a) Respirable Dust; Respirable Silica Dust.--Section 202 (30 
U.S.C. 842) is amended to read as follows:

``SEC. 202. DUST STANDARD AND RESPIRATORY EQUIPMENT.

    ``(a)(1) Effective on the date of enactment of the S-MINER Act, 
each coal mine operator shall continuously maintain the concentration 
of respirable dust in the mine atmosphere during each shift to which 
each miner in the active workings of such mine is exposed at or below a 
time-weighted average of 1.00 milligrams of respirable dust per cubic 
meter of air averaged over 10 hours or its dose-equivalent for shorter 
or longer period of time. For purposes of this paragraph, `a dose-
equivalent' means the amount of dust that a miner would inhale during 
his work shift as if he were working for 10 hours, and the term `shift' 
means portal-to-portal for underground coal mines and `bank to bank' 
for other coal mines.
    ``(2) At regular intervals to be prescribed by the Secretary and 
the Secretary of Health and Human Services, the Secretary will take 
accurate samples of the amount of respirable dust in the coal mine 
atmosphere to which each miner in the active workings of such mine is 
exposed in order to determine compliance with the requirements of 
paragraph (a)(1) of this section. In addition, the Secretary shall 
cause to be made such frequent spot inspections as he deems appropriate 
of the active workings of coal mines for the purpose of obtaining 
compliance with the provisions of this title. All samples by the 
Secretary shall be taken by a personal dust monitor that measures, 
records and displays in real time the concentration of respirable dust 
to which the miner wearing the device is exposed, and shall include the 
sampling of areas, occupations or persons. For the purposes of 
determining compliance with the exposure limit for respirable dust, 
only a single sample shall be required to determine non-compliance, and 
there shall be no adjustment for measurement error in the measured 
level of respirable dust.
    ``(3) At intervals established by the Secretary, each operator of a 
coal mine shall take accurate samples of the amount of respirable dust 
in the mine atmosphere to which each miner in the active workings of 
such mine is exposed to identify sources of exposure so that the 
operator can take corrective action and assure that the exposure of 
each mine is below the exposure limit. Under the provisions of this 
Act, all such samples shall be taken by a personal dust monitor that 
measures, records and displays the concentration of respirable dust to 
which the miner wearing the device is exposed, and may include samples 
of less than a full shift. The results of such sampling shall be 
transmitted to the Secretary in a manner established by him, and 
recorded by him in a manner that will assure application of the 
provisions of this section of the Act.
    ``(4) Each miner shall be equipped with a personal dust monitor 
that measures, records and displays in real time the concentration of 
respirable dust to which the miner wearing the device is exposed. Each 
miner shall be permitted to adjust his work activities whenever 
necessary to keep his exposure to respirable coal dust, as measured, 
recorded and displayed by such device, at all times at or below the 
permitted concentration.
    ``(b) Effective on the date of enactment of the S-MINER Act, each 
operator of a coal or other mine shall continuously maintain the 
concentration of respirable silica dust in the mine atmosphere during 
each shift to which each miner in the active workings of such mine is 
exposed at or below a time-weighted average of 0.05 milligrams of 
respirable silica dust per cubic meter of air averaged over ten hours 
or its dose-equivalent for shorter or longer period of time. For the 
purposes of this paragraph, compliance shall be determined by the 
sampling of areas, occupations or persons, only a single sample shall 
be required to determine non-compliance, and there shall be no 
adjustment for measurement error in the measured level of respirable 
silica dust. For the purposes of this paragraph, a `dose-equivalent' 
means the amount of dust that a miner would inhale during his work 
shift as if he were working for 10 hours, and the term `shift' means 
portal-to-portal for underground mines and `bank to bank' for other 
mines.
    ``(c) Respiratory equipment approved by the Secretary and the 
Secretary of Health and Human Services shall be made available to all 
persons whenever exposed to concentrations of respirable dust or silica 
in excess of the levels required to be maintained under this section. 
Use of respirators shall not be substituted for environmental control 
measures in the active workings. Each operator shall maintain a supply 
of respiratory equipment adequate to deal with occurrences of 
concentrations of respirable dust and silica in the mine atmosphere in 
excess of the levels required to be maintained under this section.
    ``(d) Each operator shall report and certify to the Secretary at 
such intervals as the Secretary may require as to the conditions in the 
active workings of a coal mine, including, the average number of 
working hours worked during each shift, the quantity and velocity of 
air regularly reaching the working faces, the method of mining, the 
amount and pressure of the water, if any, reaching the working faces, 
and the number, location, and type of sprays, if any, used.''.
    (b) Conforming Amendment.--Section 205 (30 U.S.C. 845) is repealed.
    (c) Assessment on Program Operations of Cumulative Impact of 
External Requirements Added Since 1977.--The Secretary shall request 
the National Academy of Sciences to conduct a study of the impact on 
the mine safety and health responsibilities of the Department of Labor 
of various statutes, executive orders, and memoranda applicable to the 
issuance of rulemaking and guidance and to enforcement. The study shall 
include an assessment of the Equal Access to Justice Act, the 
Regulatory Flexibility Act, the Small Business Regulatory Enforcement 
Fairness Act, the Data Quality Act, the Paperwork Reduction Act, the 
Unfunded Mandates Reform Act, the Federal Advisory Committee Act, the 
Congressional Review Act, Executive Order 12866, Executive Order 13422, 
and memoranda from the Office of Management and Budget on guidance, 
risk assessment and cost analysis. The Secretary shall request that the 
National Academy of Sciences consult widely with experts in 
administrative law and other disciplines knowledgeable about such 
requirements, and to quantify to the extent possible the costs to 
miners of the aforementioned requirements. The Secretary shall further 
request that recommendations be included in the report, and that such 
report and recommendations be completed, and forwarded to the Congress, 
no later than 21 months after the date of enactment of this Act.

SEC. 8. OTHER HEALTH REQUIREMENTS.

    (a) Air Contaminants.--Section 101 of (30 U.S.C. 811) is amended by 
adding at the end the following:
    ``(f) Notwithstanding the other requirements of this section, not 
later than 30 days of the enactment of the S-MINER Act, the National 
Institute for Occupational Safety and Health shall forward to the 
Secretary its Recommended Exposure Limits (RELs) for chemical and other 
hazards to which miners may be exposed, along with the research data 
and other necessary information. Within 30 days of receipt of this 
information, the Secretary shall to adopt such recommended exposure 
limits as the Permissible Exposure Limits (PELs) for application in the 
mining industry. The National Institute of Occupational Safety and 
Health shall annually submit to the Secretary any additional or revised 
recommended exposure limits for all chemicals and other hazards to 
which miners may be exposed, and the Secretary shall be obligated to 
adopt such exposure limits as PELs for application in the mining 
industry within 30 days of receipt of such information. Upon petition 
from miners or mine operators providing credible evidence that 
feasibility may be an issue for the industry as a whole, the Secretary 
may review the feasibility of any PEL established pursuant to this 
paragraph before placing it into effect and, following public notice 
and comment, make necessary adjustments thereto, provided that the 
adjusted standard is as protective as is feasible, and that the PEL 
shall go into effect as required by the other provisions of this 
paragraph if such action is not completed within one year. Moreover, 
upon petition from miners or mine operators providing credible evidence 
that a REL issued by the National Institute of Occupational Safety and 
Health lacks the specificity required to serve as a PEL pursuant to 
this Act, the Secretary may defer implementation of the requirements of 
this paragraph and shall promptly request National Institute of 
Occupational Safety and Health to recommend a sufficiently detailed 
REL, at which time the provisions of this paragraph shall be 
implemented. Nothing in this subsection shall limit the ability of the 
National Institute of Occupational Safety and Health to make such 
recommendations more frequently than 1 time per year, nor limit the 
Secretary from establishing requirements for chemical and other 
substances or health hazards in the mining industry that are more 
comprehensive and protective than those established pursuant to this 
subsection and in accordance with the other requirements of this 
section.''.
    (b) Asbestos.--Section 101 (30 U.S.C. 811) is further amended by 
adding at the end the following:
    ``(g) The health standard for asbestos established by the 
Occupational Safety and Health Administration that is set forth in 
section 1910.1001 of title 29, Code of Federal Regulations, or any 
subsequent revision of that regulation, shall be adopted by the 
Secretary for application in the mining industry not later than 30 days 
of the enactment of the S-MINER Act. Nothing in this paragraph shall 
preclude the Secretary from adopting regulations to address asbestos 
hazards to miners not covered by the regulations of the Occupational 
Safety and Health Administration.''.
    (c) Hazard Communication.--Section 101 (30 U.S.C. 811) is further 
amended by adding at the end the following:
    ``(h) Unless and until there is additional rulemaking pursuant to 
the requirements of this section, the Secretary shall apply the 
provisions of the interim final rule of October 3, 2000, concerning 
hazard communication, in lieu of the final rule of June 21, 2002, 
concerning hazard communication.''.
                                                 Union Calendar No. 280

110th CONGRESS

  1st Session

                               H. R. 2768

                          [Report No. 110-457]

_______________________________________________________________________

                                 A BILL

  To establish improved mandatory standards to protect miners during 
                  emergencies, and for other purposes.

_______________________________________________________________________

                           November 15, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed