69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–508 

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 recomVerDate Aug 31 2005 04:03 Jan 16, 2008 Jkt 069008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR508.XXX HR508

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mit 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—


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(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, apVerDate Aug 31 2005 04:03 Jan 16, 2008 Jkt 069008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR508.XXX HR508

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propriate 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 ELLS- WORTH OF INDIANA, OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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 


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‘‘(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.’’. 


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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; 


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(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 


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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.’’. 

Æ 


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