[House Report 110-508]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-508

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2768) TO ESTABLISH 
IMPROVED MANDATORY STANDARDS TO PROTECT MINERS DURING EMERGENCIES, AND 
                           FOR OTHER PURPOSES

                                _______
                                

  January 15, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mrs. Slaughter, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 918]

    The Committee on Rules, having had under consideration 
House Resolution 918, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2768, the 
Supplemental Mine Improvement and New Emergency Response Act of 
2007, under a structured rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Education and 
Labor. The rule waives all points of order against 
consideration of the bill except clauses 9 and 10 of rule XXI. 
The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Education and Labor 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The rule waives all points of order against the amendment in 
the nature of a substitute except for clause 10 of rule XXI. 
This waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure).
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for clauses 9 and 10 of rule 
XXI) and waives all points of order against the amendment in 
the nature of a substitute (except clause 10 of rule XXI), the 
Committee is not aware of any points of order. The waivers of 
all points of order are prophylactic in nature.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Miller, George (CA): The Manager's amendment would 
provide the mining industry with more time to install a new 
generation of fire-resistant conveyor belts. The amendment 
would also provide funds for MSHA to purchase a new generation 
of dust monitoring devices to limit black lung disease, and 
ensure that breathable air requirements of the MINER Act of 
2006 are properly implemented. In addition, the amendment 
requires that the Secretary of Labor conduct a study on 
substance abuse by miners with recommendations for policy 
changes, in consultation with all interested parties. The 
Secretary shall report the findings within six months of the 
bill's enactment and, if she deems it feasible and effective, 
shall be authorized to establish a miner substance abuse 
testing, rehabilitation, and treatment program within MSHA in 
consultation with the interested parties. (10 minutes)
    2. Boucher (VA): The amendment authorizes $10,000,000 to 
award grants to provide rehabilitation services to current and 
former miners suffering from mental health impairments, 
including drug addiction and substance abuse issues, which may 
have been caused or exacerbated by their work as miners. (10 
minutes)
    3. Ellsworth (IN): This amendment offers relief to mine 
operators that have been assessed penalties and pay them in a 
timely fashion. It also establishes a trust fund within 
Treasury, composed of mine safety civil penalties. Funds from 
the trust fund can be used for mine safety inspections and 
investigations only. (10 minutes)
    4. Wilson, Joe (SC)/Kline (MN): Amendment in the Nature of 
a Substitute. The substitute amendment promotes the continued 
robust implementation of the 2006 MINER Act, increases worker 
safety by providing miners the opportunity to have a voice in 
mine safety, expands substance abuse programs to all mines to 
ensure safe working conditions for all miners, and addresses 
issues raised by the recent Crandall Canyon disaster. (30 
minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

   1. An Amendment To Be Offered by Representative George Miller of 
         California, or His Designee, Debatable for 10 Minutes

  Page 5, beginning on line 6, strike ``amended by adding at 
the end the following:'' and insert ``amended--
          (1) in clause (iii)(I), by inserting before the 
        semicolon the following: ``and such requirement may not 
        be satisfied by placement of an order with any company 
        for future delivery of a portable refuge chamber or 
        other means of providing such emergency supplies of 
        breathable air''; and
          (2) by adding at the end the following:
  Page 5, line 8, strike ``(vi)'' and insert ``(vii)''.
  Page 5, line 19, strike ``, or'' and insert a semicolon.
  Page 5, line 23, strike ``, or'' and insert ``; or''.
  Page 6, beginning on line 4, strike ``In addition'' and all 
that follows through ``emergency shelter'' and insert ``The 
regulations shall further provide that in all cases a portable 
refuge chamber shall be installed and maintained''.
  Strike section 4(d)(1) and insert the following:
          (1) Flame resistant conveyor belts.--Section 311(h) 
        is amended by adding at the end the following: ``Not 
        later than 90 days after the date of enactment of the 
        S-MINER Act, the Secretary shall publish interim final 
        rules to revise the requirements for flame resistant 
        conveyor belts to ensure that they meet the most recent 
        recommendations from the National Institute for 
        Occupational Safety and Health, and to ensure such 
        belts are designed to limit smoke and toxic emissions. 
        A conveyor belt need not meet the requirements of the 
        preceding sentence if--
                  ``(A) it was ordered, in a mine's inventory, 
                or installed prior to the date of enactment of 
                the S-MINER Act, or it was ordered after the 
                date of enactment of the S-MINER Act and the 
                Secretary certifies that the mine operator was 
                unable to obtain a belt meeting the 
                requirements of the preceding sentence; or
                  ``(B) in the case of any such belt that has 
                been in use for more than 5 years in any 
                capacity in any mine, such belt has received an 
                annual inspection by a certified professional 
                to ensure that the belt is free from visible 
                defects that could cause failure or possible 
                ignition.''.
  Page 19, strike lines 6 through 15 and insert the following:
  ``(a) Conveyor Belts.--The requirements of section 311(h) 
concerning conveyor belts in underground coal mines, including 
the exceptions and limitations in connection therewith, shall 
also apply to conveyor belts in underground metal and nonmetal 
mines.''.
  Page 55, line 24, insert after the period the following: 
``There is authorized to be appropriated to Secretary 
$30,000,000 to purchase personal dust monitors for the purposes 
of the preceding sentence.''.
  At the end of the bill, insert the following:
  (d) Study on Miner Substance Abuse Issues That Pose Safety 
Risks.--
          (1) Study.--The Secretary of Labor shall conduct a 
        study providing expert review and recommendations of 
        policies designed to deal with substance abuse by 
        miners, including the causes, nature, and extent of 
        such abuse, its impact on mine safety and health, best 
        practices for treatment, rehabilitation, and substance 
        abuse testing policies, and the adequacy of State laws 
        and approaches. In conducting such study, the Secretary 
        shall solicit the views of and consult with all 
        interested parties, including miners, miners' 
        representatives, mine operators, appropriate State 
        agencies, and public health and substance abuse 
        experts.
          (2) Report.--Not later than 6 months after the date 
        of enactment of this Act, the Secretary shall report 
        the findings and recommendations of the study to the 
        Committee on Education and Labor of the House of 
        Representatives and the Committee on Health, Education, 
        Labor and Pensions of the Senate.
          (3) Additional authority.--If, as a result of the 
        study, the Secretary determines it to be feasible and 
        effective, the Secretary shall be authorized to 
        establish a program, in consultation with the parties 
        described in paragraph (1), within the Mine Safety and 
        Health Administration to provide for substance abuse 
        testing of miners as well as rehabilitation and 
        treatment of miners suffering from substance abuse.
                              ----------                              


2. An Amendment To Be Offered by Representative Boucher of Virginia, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following:
  (d) Grants for Rehabilitation.--
          (1) In general.--The Secretary of Labor, in 
        consultation with the Secretary of Health and Human 
        Services, is authorized to award grants to appropriate 
        entities and programs for the purpose of providing 
        rehabilitation services to current and former miners 
        suffering from mental health impairments, including 
        drug addiction and substance abuse issues, which may 
        have been caused or exacerbated by their work as 
        miners. The Secretary shall ensure such funds are 
        directed to those regions of the country most in need 
        of such assistance.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary of Labor 
        $10,000,000 to carry out the grant program authorized 
        by this subsection.
                              ----------                              


 3. An Amendment To Be Offered by Representative Ellsworth of Indiana, 
               or His Designee, Debatable for 10 Minutes

  Page 32, beginning on line 9, strike ``amended by striking'' 
and all that follows through ``The operator shall,'' and insert 
``amended--
          (1) by inserting ``(1)'' after the subsection 
        designation; and
          (2) by inserting at the end the following:
  ``(2)(A) The Secretary shall maintain a list of delinquent 
operators who fail to timely pay final assessments. Any 
operator placed on that list for the first time shall be 
subject to the requirements of this paragraph only until such 
time as the Secretary determines that the operator is no longer 
in arrears. Any operator placed on that list for a subsequent 
time shall remain on the list until such time as the Secretary 
determines the operator is committed to timely payment of final 
assessments. Any operator who believes he or she has been 
placed or retained on the list in error may file with the 
Commission a request for consideration of decision.
  ``(B) An operator on the list maintained pursuant to 
paragraph (A) shall,''.
  Page 32, line 24, strike ``In the event'' and insert
  ``(C) In the event''.
  At the end of the bill, insert the following:

SEC. 9. MINE SAFETY PROGRAM FUND.

  Title I is further amended by adding at the end the 
following:

``SEC. 117. MINE SAFETY PROGRAM FUND.

  ``(a) Establishment.--There is established in the Treasury a 
separate account to be known as the `Mine Safety Program Fund' 
(in this section referred to as the `Fund').
  ``(b) Transfers to the Fund.--There shall be deposited in the 
Fund--
          ``(1) all penalties collected under section 110; and
          ``(2) any gifts, bequests, or donations to the Fund 
        from private entities or individuals, which the 
        Secretary of the Treasury is authorized to accept for 
        deposit into the Fund, except that the Secretary is not 
        authorized to accept any such gift, bequest, or 
        donation that--
                  ``(A) attaches conditions inconsistent with 
                applicable laws or regulations; or
                  ``(B) is conditioned upon or would require 
                the expenditure of appropriated funds that are 
                not available to the Secretary of Labor.
  ``(c) Expenditures.--Amounts in the Fund shall be available, 
as provided in appropriations Acts, only for inspections and 
investigations conducted pursuant to section 103.''.
  Amend the table of contents in section 1(b) by adding at the 
end the following:

Sec. 9. Mine safety program fund.
                    ____________________________________________________

    4. An Amendment To Be Offered by Representative Wilson of South 
          Carolina, or His Designee, Debatable for 30 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SENSE OF CONGRESS.

  It is the Sense of Congress that the Mine Safety and Health 
Administration should continue the full and timely 
implementation of the Mine Improvement and New Emergency 
Response Act of 2006, P.L. No. 109-236, and that the provisions 
of that law should be implemented by the Administration as 
robustly, safely, and expeditiously as possible.

SEC. 2. SAFETY COMMITTEES.

  Title II of the Federal Mine Safety and Health Act of 1977 is 
amended by adding at the end the following new section:

``SEC. 208. SAFETY COMMITTEES.

  ``Not later than 180 days after the date of enactment of this 
section, the Secretary shall promulgate regulations pursuant to 
section 101(a) providing that a mine operator may establish, 
assist, maintain, and participate in workplace safety 
committees, on which committees miners shall participate to 
address issues of mine safety and to deal with the mine 
operator regarding emergency response, communication, rescue, 
recovery, inspection and other terms and conditions of 
employment relating to mine safety.''.

SEC. 3. SUBSTANCE ABUSE TESTING.

  Title II of such Act is further amended by adding at the end 
the following:

``SEC. 209. SUBSTANCE ABUSE TESTING.

  ``(a) Testing Program.--Not later than 180 days after the 
date of enactment of this section, the Secretary shall 
promulgate regulations pursuant to section 101(a) to require 
the operator of each mine to institute a program to conduct 
mandatory, random substance abuse testing of mine employees. 
Such regulations shall be no less restrictive than regulations 
issued by other Federal and State agencies which impose 
mandatory substance abuse testing and shall provide for--
          ``(1) mandatory substance abuse testing procedures;
          ``(2) a process for the random selection of those 
        employees to be tested;
          ``(3) the protection of individuals' rights and 
        privacy;
          ``(4) the establishment of an Employee Assistance 
        Program; and
          ``(5) for purposes of subsection (b), a process for 
        mine operators to notify the Administration of the 
        names of individuals who test positive for substance 
        abuse.
  ``(b) Registry.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall promulgate 
regulations creating a registry of those found to have tested 
positive for substance abuse for the sole purpose of sharing, 
on a confidential basis, with State authorities responsible for 
issuance of licenses, certification, permits, or other 
documents required to seek employment in the mining 
industry.''.

SEC. 4. IMPROVING MINE SAFETY.

  (a) Coordination With Bureau of Land Management.--The Mine 
Safety and Health Administration shall regularly consult with 
the Bureau of Land Management concerning the safety status of 
mines in order for the Administration to maintain an awareness 
of any safety concerns observed by Bureau of Land Management 
personnel.
  (b) Study of Deep Mine Conditions by Technical Study Panel.--
          (1) Establishment of technical study panel.--There is 
        established a Technical Study Panel (hereafter referred 
        to as ``the Panel'') which shall provide independent 
        scientific and engineering review and provide 
        recommendations to the Mine Safety and Health 
        Administration to evaluate the risk assessment 
        procedures of deep mine conditions.
          (2) Membership.--
                  (A) In general.--The Panel shall be composed 
                of--
                          (i) two individuals to be appointed 
                        by the Secretary of Health and Human 
                        Services, in consultation with the 
                        Director of the National Institute for 
                        Occupational Safety and Health and the 
                        Associate Director of the Office of 
                        Mine Safety;
                          (ii) two individuals to be appointed 
                        by the Secretary of Labor, in 
                        consultation with the Assistant 
                        Secretary for Mine Safety and Health;
                          (iii) one individual appointed 
                        jointly by the majority leaders of the 
                        Senate and House of Representatives; 
                        and
                          (iv) one individual to be appointed 
                        jointly by the minority leader of the 
                        Senate and House of Representatives.
                  (B) Qualifications.--Four of the 6 
                individuals appointed to the Panel under 
                paragraph (A) shall possess a masters or 
                doctoral level degree in mining engineering or 
                another scientific field demonstrably related 
                to the subject of the report. No individual 
                appointed to the Panel shall be an employee of 
                any coal or other mine, or of any labor 
                organization, or of any State or Federal agency 
                primarily responsible for regulating the mining 
                industry.
          (3) Report.--
                  (A) In general.--Not later than 1 year after 
                the date on which all members of the Panel are 
                appointed under paragraph (2), the Panel shall 
                prepare and submit a report concerning deep 
                mine conditions to the Secretary of Labor, the 
                Secretary of Health and Human Services, the 
                Committee on Education and Labor of the House 
                of Representatives and the Committee on Health, 
                Education, Labor, and Pensions of the Senate.
                  (B) Response by the secretary.--Not later 
                than 180 days after the receipt of the report, 
                the Secretary of Labor shall provide a response 
                to the report and submit such response to the 
                Committee on Education and Labor of the House 
                of Representatives and the Committee on Health, 
                Education, Labor, and Pensions of the Senate. 
                Such response shall contain a description of 
                the actions, if any, that the Secretary intends 
                to take based upon the report, including 
                proposing regulatory changes, and the reasons 
                for such actions.
          (4) Compensation.--Members appointed to the Panel, 
        while carrying out the duties of the Panel, shall be 
        entitled to receive compensation, per diem in lieu of 
        subsistence, and travel expenses in the same manner and 
        under the same conditions as that prescribed under 
        section 208(c) of the Public Health Service Act.
  (c) Study of Retreat Mining and Pillaring.--
          (1) Study.--The National Institute for Occupational 
        Safety and Health shall conduct a study of the recovery 
        of coal pillars through retreat room and pillar mining 
        practices in underground coal mines at depths greater 
        than 1,500 feet. The study shall examine the safety 
        implications of retreat room and pillar mining 
        practices, with emphasis on the impact of full or 
        partial pillar extraction mining. The study shall 
        consider, among other things--
                  (A) seam thickness;
                  (B) depth of cover;
                  (C) strength of the mine roof, pillars, and 
                floor;
                  (D) the susceptibility of the mine to seismic 
                activity; and
                  (E) a sensitivity analysis on input 
                parameters such as strength of the coal, the 
                size of the pillar core, the strength of roof 
                and floor rock members, abutment pressure from 
                caved areas, and the horizontal stress; and
                  (F) the procedures used to ensure miner 
                safety during retreat mining.
          (2) Report.--Not later than one year after the date 
        of enactment of this Act, the National Institute for 
        Occupational Safety and Health shall submit a report 
        containing the results of the study to the Secretary of 
        Labor and Committee on Education and Labor of the House 
        of Representatives, and the Committee on Health, 
        Education, Labor, and Pensions of the Senate.
          (3) Report by the secretary of labor.--Not later than 
        180 days after receipt of the report required under 
        paragraph 2, the Secretary of Labor shall report to the 
        Committee on Education and Labor of the House of 
        Representatives and the Committee on Health, Education, 
        Labor, and Pensions of the Senate what actions, if any, 
        that the Secretary intends to take based on the report.
  (d) Dissemination of Accident Information.--Section 103 of 
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) 
amended by adding at the end the following:
  ``(l)(1) All information concerning the accident or incident 
obtained by any person or organization participating in an 
investigation under this section shall be transmitted to the 
representative of the Administration coordinating the rescue 
effort or subsequent accident investigation. Parties to the 
investigation may relay to respective organizations information 
necessary for purposes of prevention or remedial action. No 
information concerning the accident or incident may be released 
to any person not a party to the investigation or 
representative of such party prior to the release of such 
information by the Administration without the prior 
consultation with and approval of the Administration.
  ``(2) For purposes of this subsection, parties to the 
investigation include the mine owner, mine operator, employees 
of that mine, first responders, mine rescue team members, or 
others participating in the rescue and recovery effort.''.

                                  
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