[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2127 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2127

    To provide assistance to families of miners involved in mining 
                               accidents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 2, 2007

  Mrs. Murray introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To provide assistance to families of miners involved in mining 
                               accidents.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mine Disaster Family Assistance Act 
of 2007''.

SEC. 2. ASSISTANCE BY THE FEDERAL MINE SAFETY AND HEALTH ADMINISTRATION 
              TO FAMILIES OF MINERS INVOLVED IN MINING ACCIDENTS.

    Section 7 of the MINER Act (30 U.S.C. 801 note) is amended to read 
as follows:

``SEC. 7. MINE DISASTER FAMILY ASSISTANCE.

    ``(a) Assistance by the Federal Mine Safety and Health 
Administration to Families of Miners Involved in Mining Accidents.--
            ``(1) In general.--As soon as practicable after being 
        notified of a mining accident within the United States 
        involving a mine operator and resulting in the initiation of a 
        mine emergency response by the Mine Safety and Health 
        Administration, the Assistant Secretary of Labor for Mine 
        Safety and Health shall--
                    ``(A) designate and publicize the name and phone 
                number of a director of family support services who 
                shall--
                            ``(i) be an employee of the Mine Safety and 
                        Health Administration;
                            ``(ii) be responsible for acting as a point 
                        of contact within the Federal Government for 
                        the families of miners involved in the accident 
                        and a liaison between the mine operator and the 
                        families; and
                            ``(iii) be part of any such mine emergency 
                        response and, after consultation with the 
                        Assistant Secretary, determine the appropriate 
                        level of response concerning family support 
                        services as authorized under this Act; and
                    ``(B) designate an independent nonprofit 
                organization, with experience in disasters and 
                posttrauma communication with families, which shall 
                have primary responsibility for coordinating the 
                emotional care and support of the families of miners 
                involved in the accident.
            ``(2) Responsibilities of the mine safety and health 
        administration.--The Mine Safety and Health Administration 
        shall have primary Federal responsibility for facilitating the 
        rescue and recovery of injured miners involved in an accident 
        described in paragraph (1). In the case of such an accident, 
        the Administration shall serve as the primary communicator with 
        the operator, miners' families, the press, and the public.
            ``(3) Responsibilities of designated organization.--The 
        organization designated for an accident under paragraph (1)(B) 
        shall have the following responsibilities with respect to the 
        families of miners involved in the accident:
                    ``(A) To provide mental health and counseling 
                services, in coordination with the disaster response 
                team of the mine operator involved.
                    ``(B) To take such actions as may be necessary to 
                provide an environment in which the families may gather 
                and grieve in private.
                    ``(C) To meet with the families who have traveled 
                to the location of the accident, to contact the 
                families unable to travel to such location, and to 
                contact all affected families periodically thereafter 
                until such time as the organization, in consultation 
                with the director of family support services designated 
                for the accident under paragraph (1)(A), determines 
                that further assistance is no longer needed.
                    ``(D) To communicate with the families as to the 
                roles of the organization, government agencies, and the 
                mine operator involved with respect to the accident and 
                the post-accident activities.
                    ``(E) In cases where miners are fatally injured, to 
                arrange a suitable memorial service, in consultation 
                with the families.
            ``(4) Miner lists.--
                    ``(A) Requests for miner lists.--
                            ``(i) Requests by director of family 
                        support services.--In consultation with the 
                        lead Mine Safety and Health Administration 
                        official designated for an accident and the 
                        mine operator, the director of family support 
                        services designated for an accident under 
                        paragraph (1)(A) shall receive, as soon as 
                        practicable, a list, which is based on the best 
                        available information at the time of the 
                        request, of the names of the miners that were 
                        involved in the mining accident.
                            ``(ii) Requests by designated 
                        organization.--The organization designated for 
                        an accident under paragraph (1)(B) may request 
                        from the mine operator involved in the accident 
                        a list described in clause (i).
                    ``(B) Use of information.--The director of family 
                support services and the organization may not release 
                to any person information on a list obtained under 
                subparagraph (A) but may provide information on the 
                list about a miner to the family of the miner to the 
                extent that the director of family support services or 
                the organization considers appropriate.
            ``(5) Continuing responsibilities of the mine safety and 
        health administration.--In the course of its rescue effort and 
        investigation of an accident described in paragraph (1), the 
        Mine Safety and Health Administration shall, to the maximum 
        extent practicable, ensure that the families of miners involved 
        in the accident--
                    ``(A) are briefed, prior to any public briefing, 
                about the accident, its causes, the rescue effort, its 
                progress, and any other findings from the 
                investigation; and
                    ``(B) are individually informed of and allowed to 
                attend any public hearings and public meetings of the 
                Mine Safety and Health Administration about the 
                accident.
            ``(6) Use of mine operator resources.--To the extent 
        practicable, the organization designated for an accident under 
        paragraph (1)(B) shall coordinate its activities with the mine 
        operator involved in the accident so that the resources of the 
        mine operator can be used to the greatest extent possible to 
        carry out the organization's responsibilities under this 
        subsection.
            ``(7) Prohibited actions.--
                    ``(A) Actions to impede the mine safety and health 
                administration.--No person (including a State or 
                political subdivision) may impede the ability of the 
                Mine Safety and Health Administration (including the 
                director of family support services designated for an 
                accident under paragraph (1)(A)), or an organization 
                designated for an accident under paragraph (1)(B), to 
                carry out its responsibilities under this subsection or 
                the ability of the families of miners involved in the 
                accident to have contact with one another.
                    ``(B) Unsolicited communications.--In the event of 
                an accident involving any mine operator in the United 
                States, no unsolicited communication concerning a 
                potential action for personal injury or wrongful death 
                may be made by an attorney, including any associate, 
                agent, employee, or other representative of an 
                attorney, or any potential party to the litigation to 
                an individual injured in the accident, or to a relative 
                of an individual involved in the accident, before the 
                45th day following the date of the accident.
                    ``(C) Prohibition on actions to prevent mental 
                health and counseling services.--No State or political 
                subdivision of a State may prevent the employees, 
                agents, or volunteers of an organization designated for 
                an accident under paragraph (1)(B) from providing 
                mental health and counseling services under paragraph 
                (3)(A) in the 45 day period beginning on the date of 
                the accident. The director of family support services 
                designated for the accident under paragraph (1)(A) may 
                extend such period for not to exceed an additional 30 
                days if the director determines that the extension is 
                necessary to meet the needs of the families and if the 
                State and local authorities are notified of the 
                determination.
            ``(8) Statutory construction.--Nothing in this subsection 
        shall be construed as limiting the actions that a mine operator 
        may take or the obligations that an operation may have, in 
        providing assistance to miners involved in a mining accident.
    ``(b) Mine Operator Plans To Address Needs of Families of Miners 
Involved in Mining Accidents.--
            ``(1) Submission of plans.--Not later than 6 months after 
        the date of the enactment of the Mine Disaster Family 
        Assistance Act of 2007, each operator of a mine that is subject 
        to the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
        801 et seq.), shall submit to the Secretary a plan for 
        addressing the needs of the families of miners involved in any 
        mining accident involving a mine of the operator and resulting 
        in the initiation of a mine emergency response by the Mine 
        Safety and Health Administration.
            ``(2) Contents of plans.--A plan to be submitted by a mine 
        operator under paragraph (1) shall include, at a minimum, the 
        following:
                    ``(A) A plan for establishing and publicizing a 
                reliable, toll-free telephone number, and for providing 
                appropriately trained staff, to handle calls from the 
                families of the miners.
                    ``(B) A process for notifying the families of the 
                miners, before providing any public notice of the names 
                of the miners, either by utilizing the services of the 
                organization designated for the accident under 
                subsection (a)(1)(B) or the services of other suitably 
                trained individuals.
                    ``(C) An assurance that the notice described in 
                subparagraph (B) will be provided to the family of a 
                miner as soon as the mine operator has verified that 
                the miner was involved in an accident (whether or not 
                the names of all of the miners have been verified) and, 
                to the extent practicable, in person.
                    ``(D) An assurance that the mine operator will 
                provide to the director of family support services 
                designated for the accident under subsection (a)(1)(A), 
                and to the organization designated for the accident 
                under subsection (a)(1)(B), immediately upon request, a 
                list (which is based on the best available information 
                at the time of the request) of the names of the miners, 
                involved in the accident whether or not such names have 
                been verified), and will periodically update the list.
                    ``(E) An assurance that the family of each miner 
                will be consulted about the disposition of all remains 
                and personal effects of the miner within the control of 
                the mine operator.
                    ``(F) An assurance that if requested by the family 
                of a miner, any possession of the miner within the 
                control of the mine operator (regardless of its 
                condition) will be returned to the family unless the 
                possession is needed for the accident investigation or 
                any criminal investigation.
                    ``(G) An assurance that the family of each miner 
                will be consulted about construction by the mine 
                operator of any monument to the miners, including any 
                inscription on the monument.
                    ``(H) An assurance that the mine operator will work 
                with any organization designated under subsection 
                (a)(1)(B) on an ongoing basis to ensure that families 
                of miners receive an appropriate level of services and 
                assistance following each accident.
                    ``(I) An assurance that the mine operator will 
                provide reasonable compensation to any organization 
                designated under subsection (a)(1)(B) for services 
                provided by the organization.
                    ``(J) An assurance that the mine operator will 
                assist the family of a miner in traveling to the 
                location of the accident and provide for the physical 
                care of the family while the family is staying at such 
                location.
                    ``(K) An assurance that the mine operator will 
                commit sufficient resources to carry out the plan.
                    ``(L) An assurance that the mine operator will 
                provide adequate training to the employees and agents 
                of the mine operator to meet the needs of survivors and 
                family members following a mining accident.
                    ``(M) An assurance that, in the case of an accident 
                in which the Mine Safety and Health Administration 
                conducts a public hearing, briefing, or comparable 
                proceeding the mine operator, in consultation with the 
                Mine Safety and Health Administration, will ensure that 
                the proceeding is made available simultaneously by 
                electronic means at a location open to public in the 
                city where the accident occurred.
            ``(3) Certificate requirement.--After the date that is 6 
        months after the date of the enactment of the Mine Disaster 
        Family Assistance Act of 2007, the Secretary may not approve 
        any plan or any modification of a plan that is required by law 
        to be submitted to the Mine Safety and Health Administration 
        for any mine, including emergency response plans, roof control 
        plans, ventilation plans, training plans, respirable dust 
        control plans, shaft and slope sinking plans, and petitions for 
        modifications, unless the applicant has included as part of 
        such a request a plan that meets the requirements of paragraph 
        (2) or has such a plan previously approved by the Secretary on 
        file with such Administration.
            ``(4) Limitation on liability.--A mine operator shall not 
        be liable for damages in any action brought in a Federal or 
        State court arising out of the performance of the operator in 
        preparing or providing a miner list pursuant to a plan 
        submitted by the mine operator under paragraph (2), unless such 
        liability was caused by conduct of the operator which was 
        grossly negligent or which constituted intentional misconduct.
            ``(5) Statutory construction.--Nothing in this section 
        shall be construed as limiting the actions that a mine operator 
        may take or the obligations that an operation may have, in 
        providing assistance to miners involved in a mining accident.
    ``(c) Establishment of Task Force.--
            ``(1) Establishment.--The Secretary, in cooperation with 
        the Bureau of Land Management, the Federal Emergency Management 
        Agency, the American Red Cross, mine operators (including 
        operators of smaller mines), and families which have been 
        involved in mining accidents shall establish a task force 
        consisting of representatives of such entities and families, 
        representatives of miners, and representatives of such other 
        entities as the Secretary determines appropriate.
            ``(2) Guidelines and recommendations.--The task force 
        established pursuant to paragraph (1) shall develop--
                    ``(A) guidelines to assist mine operators in 
                responding to mining accidents;
                    ``(B) recommendations on methods to ensure that 
                attorneys and representatives of media organizations do 
                not intrude during the rescue and recovery efforts on 
                the privacy of families of miners involved in a mining 
                accident;
                    ``(C) recommendations on methods to ensure that the 
                families of miners involved in a mining accident who 
                are not citizens of the United States receive 
                appropriate assistance;
                    ``(D) recommendations on methods to ensure that 
                State mental health licensing laws do not act to 
                prevent out-of-state mental health workers from working 
                at the site of a mining accident or other related 
                sites;
                    ``(E) recommendations on methods to improve the 
                timeliness of the notification provided by mine 
                operators to the families of miners involved in a 
                mining accident, including the steps that operators 
                would have to take to ensure that an accurate list of 
                miners potentially involved in an accident would be 
                available within 1 hour of the accident; and
                    ``(F) recommendations on the appropriate role for 
                families of miners in any official Mine Safety and 
                Health Administration investigation, including the 
                appropriate level of access to information used to 
                develop the final report.
            ``(3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report containing the model plan and recommendations developed 
        by the task force under paragraph (2).
    ``(d) Definitions.--In this section:
            ``(1) Miner.--The term `miner' means any individual working 
        in a coal or other mine, as defined in the Federal Mine Safety 
        and Health Act of 1977 (30 U.S.C. 801 et seq.).
            ``(2) Mining accident.--The term `mining accident' means 
        any mine disaster, regardless of its cause or suspected cause 
        that results in the initiation of a mine emergency response by 
        the Mine Safety and Health Administration.
            ``(3) Operator.--The term `operator' means any owner, 
        lessee, or other person who operates, controls, or supervises a 
        coal or other mine or any independent contractor performing 
        services or construction at such time, as defined in the 
        Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et 
        seq.).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Labor.''.
                                 <all>