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# Legislative Bulletin..........................................\..........January 16, 2008

**Contents:**

> H.R. 2768---Amendments to the Supplemental Mine Improvement and New
> Emergency Response Act (S-MINER)

H.R. 2768, the Supplemental Mine Improvement and New Emergency Response
Act (S-MINER) (sponsored by Rep. George Miller, D-CA), is scheduled to
be considered on the House floor on Wednesday, January 16, 2008, subject
to a structured rule ([**H.Res.
918**](http://thomas.loc.gov/cgi-bin/query/z?c110:H.Res.918:/)), making
in order the following four amendments, each debatable for 10 minutes,
except where noted.

The rule waives all points of order against consideration of the bill,
except those regarding PAYGO and earmarks, waives all points of order
against the bill itself---except the PAYGO rule---and allows the Chair
to postpone consideration of the legislation at any time during its
consideration. The rule allows one motion to recommit with or without
instructions.

[Note]{.underline}: The summaries below are based on RSC staff review of
*actual amendment text* and thus often differ significantly from what's
on the Rules Committee website. For a summary of the underlying bill,
see a separate RSC document released yesterday.

**RSC Staff Contact**: Paul Teller; <paul.teller@mail.house.gov>;
202-226-9718

**AMENDMENTS MADE IN ORDER UNDER THE RULE**

***1. Miller, George (D-CA).*** [Manager's Amendment]{.underline}. This
amendment would:

-   Loosen the requirements in the underlying bill for industry-wide
    installation of fire-resistant conveyor belts. Whereas in the
    underlying bill, the regulations for conveyor belt replacement had
    to be issued by January 31, 2008, and all belts replaced by December
    31, 2012, the manager's amendment would extend the regulation
    publishing deadline to 90 days after enactment of S-MINER and would
    not specify a deadline for installation of the new belts. The
    amendment would also exempt from the belts requirements any operator
    who is unable to obtain the fire resistant belts, as certified by
    the Labor Secretary, as well as any older belt that has been
    certified safe from visible defects that could cause ignition. The
    amendment would apply these changes to underground metal and
    nonmetal mines as well;

-   Authorize an additional \$30 million for the Labor Secretary to
    purchase personal dust monitors for MSHA's spot inspections of mines
    for respirable dust;

-   Direct the Labor Secretary to study substance abuse by miners and
    make recommendations to Congress for policy changes, in consultation
    with all relevant parties (listed in the amendment text). The
    Secretary would be authorized, pending the findings of the study, to
    create a miner substance abuse testing, rehabilitation, and
    treatment program within MSHA; and

-   Make clarifying changes about the installation of underground
    refuges.

***2. Boucher (D-VA).*** Authorizes \$10 million for the Labor
Secretary, in consultation with the HHS Secretary, to award grants "to
appropriate entities and programs" to provide rehabilitation services to
current and former miners suffering from mental health impairments,
including drug addiction and substance abuse issues, that may have been
caused or exacerbated by their work as miners.

***3. Ellsworth (D-IN).*** Directs the Labor Secretary to maintain a
list of delinquent mine operators who fail to pay assessed penalties on
time and allows such operators to challenge their placement on such a
list. This amendment would also establish a Mine Safety Program Fund
within the U.S. Treasury, capitalized by mine safety civil penalties, as
well as private donations. Money from the fund could only be used for
mine safety inspections and investigations.

**4. Wilson (R-SC)/Kline (R-MN).** [Amendment in the Nature of a
Substitute]{.underline}. The Republican substitute would:

-   Express a sense of Congress that MSHA should continue the "full and
    timely" implementation of the MINER Act (the mine safety bill
    from 2006) as "robustly, safely, and expeditiously" as possible;

-   Direct the Labor Secretary to promulgate regulations authorizing
    mine operators to create, maintain, assist, and participate in
    workplace safety committees with miners to deal with all aspects of
    mine safety;

-   Require each mine operator to create a mandatory, random substance
    abuse testing program for mine employees, including an employee
    assistance program. Miners' individual rights and privacy would have
    to be protected under such a program, and a process of notifying the
    Labor Department about substance-abusing miners would have to be
    created;

-   Require the creation of a national registry of mine employees found
    to be substance abusers "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;"

-   Direct MSHA to coordinate with the Bureau of Land Management on mine
    safety;

-   Establish a six-member Technical Study Panel (made up of people
    appointed by the Labor Department, the HHS Department, and Congress)
    to provide non-industry, non-labor, non-government scientific and
    engineering reviews and provide recommendations to MSHA and Congress
    to evaluate the risk assessment procedures of deep mine conditions;

-   Direct NIOSH to study and report to the Labor Department and
    Congress on "the recovery of coal pillars through retreat room and
    pillar mining practices in underground coal mines at depths greater
    than 1,500 feet;" and

-   Require that all information concerning a mine accident or incident
    obtained by any person or organization participating in an
    investigation thereof be transmitted to the representative of the
    Administration coordinating the rescue effort or investigation.
    Parties to the investigation (including the mine owner, mine
    operator, employees of that mine, first responders, mine rescue team
    members, or others participating in the rescue and recovery effort)
    could relay to respective organizations information necessary for
    purposes of prevention or remedial action. However, no information
    concerning the accident or incident could 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.

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