69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–411 

MINE COMMUNICATIONS TECHNOLOGY INNOVATION ACT 

OCTOBER 29, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GORDON of Tennessee, from the Committee on Science and 

Technology, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 3877] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science and Technology, to whom was referred the bill (H.R. 3877) to require the Director of the National 

Institute of Standards and Technology to establish an initiative to 

promote the research, development, and demonstration of miner 

tracking and communications systems and to promote the establishment of standards regarding underground communications to 

protect miners in the United States, having considered the same, 

report favorably thereon with amendments and recommend that 

the bill as amended do pass. 

CONTENTS 

Page 

I. Amendment ................................................................................................. 2 

II. Purpose of the Bill ...................................................................................... 3 

III. Background and Need for the Legislation ................................................ 3 

IV. Committee Actions ...................................................................................... 6 

V. Summary of Major Provisions of the Bill .................................................. 7 

VI. Section-by-Section Analysis ........................................................................ 7 

VII. Committee Views ........................................................................................ 8 

VIII. Cost Estimate .............................................................................................. 9 

IX. Congressional Budget Office Cost Estimate ............................................. 10 

X. Compliance With Public Law 104–4 (Unfunded Mandates) .................... 10 

XI. Committee Oversight Findings and Recommendations ........................... 10 

XII. Statement on General Performance Goals and Objectives ...................... 11 

XIII. Constitutional Authority Statement .......................................................... 11 


cnoel on PRODPC60 with HEARING
2 

XIV. Federal Advisory Committee Statement ................................................... 11 

XV. Congressional Accountability Act .............................................................. 11 

XVI. Earmark Identification ............................................................................... 11 

XVII. Statement on Preemption of State, Local, or Tribal Law ........................ 11 

XVIII. Changes in Existing Laws Made by the Bill, As Reported ...................... 11 

XIX. Committee Recommendations .................................................................... 11 

XX. Additional Views ......................................................................................... 12 

XXI. Proceedings of Full Committee Markup .................................................... 13 

I. AMENDMENT

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Mine Communications Technology Innovation Act’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The failure of miner tracking and communications devices or lack thereof 

in mines severely hampers rescue efforts in the event of emergencies. 

(2) Mines, particularly underground mines, have properties that present 

unique technical challenges for the integration of currently available tracking 

and communications systems. These properties include the lack of a clear path 

or open air which is required for radio signals and WiFi. Additionally, because 

coal is an absorptive material, less than 10 percent of the radio spectrum that 

is used above ground can be used underground. A fraction of that (only about 

1 percent) radio spectrum is actually allocated for commercial communications 

purposes. As a consequence, the availability of miner communication equipment 

is severely limited. 

(3) Research and experience have shown that communications and tracking 

systems may not work equally well in every mine or in every emergency situation, and therefore several different systems may be necessary for development 

and integration. 

(4) Because of the serious challenges of the mine environment and the limited 

market provided by the mining industry, much needed technology has not yet 

been developed by the private sector or is not commercially available in the 

United States. 

(5) Furthermore, due to the regulatory structure of the industry and the 

lengthy approval process for mine tracking and communications systems, research must be accelerated so that next generation technology can be quickly 

and efficiently integrated into mines to protect the safety of miners. 

(6) The National Institute of Standards and Technology is well positioned to 

help accelerate the development of mining tracking and communications technology. The National Institute of Standards and Technology has a long history 

of working in conjunction with industry to invest in longer-term, high-risk research which yields national benefits far beyond private payoff. Further, the 

National Institute of Standards and Technology builds partnerships with industry to leverage existing research and development to drive next generation technology. 

(7) The National Institute of Standards and Technology is well-positioned to 

accelerate development of consensus mining communications standards given 

the extensive work that the organization has done in the field of emergency 

communications to develop standards and technologies for interoperable wireless telecommunications and information systems. 

(8) In developing such standards, the National Institute of Standards and 

Technology should work in cooperation with the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration, and 

other relevant public and private stakeholders, to build on existing technology 

and knowledge regarding mine communications systems. 

SEC. 3. MINE COMMUNICATIONS AND TRACKING RESEARCH AND DEVELOPMENT PROGRAM 

AUTHORIZATION. 

(a) ESTABLISHMENT.—The Director of the National Institute of Standards and 

Technology shall provide for the establishment of a program of research, development, and demonstration that includes the establishment of best practices, adaptation of existing technology, and efforts to accelerate the development of next generation technology and tracking systems for mine communications. 


cnoel on PRODPC60 with HEARING
3 

(b) COORDINATION.—In carrying out this section, the Director shall coordinate 

with relevant Federal agencies and industry to evaluate areas of research and development and best practices that will be most promising in protecting miner safety. 

(c) OPTIONAL FOCUS.—In establishing this program, the Director may focus on the 

following communications and tracking system characteristics: 

(1) Systems that are likely to work in emergency situations. 

(2) Systems that work in coal mines, with special attention paid to deep underground coal mines. 

(3) Systems that provide coverage throughout all areas of the mine. 

(4) Hybrid systems that use both wireless and infrastructure based systems. 

(5) Functionality for 2-way and voice communications. 

(6) Systems that serve emergency and routine communications needs. 

(7) The ability to work with existing legacy systems and to be quickly integrated. 

(8) Propagation environment characterization, performance metrics, and independently derived validation tests to verify performance for standards development. 

SEC. 4. STANDARDS REGARDING UNDERGROUND COMMUNICATIONS. 

The Director of the National Institute of Standards and Technology shall work 

with industry and relevant Federal agencies to develop consensus industry standards for communications in underground mines. The Director shall also develop and 

provide any needed measurement services to support implementation of these standards. In their efforts to help develop these standards and related measurement services, the following issues should be addressed: 

(1) The appropriate use of frequency bands and power levels. 

(2) Matters related to interoperability of systems, applications, and devices. 

(3) Technology to prevent interference. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Director of the National Institute 

of Standards and Technology such sums as are necessary for carrying out this Act 

for fiscal years 2009 and 2010, to be derived from amounts authorized under section 

3001 of the America COMPETES Act. 

Amend the title so as to read: 

A bill to require the Director of the National Institute of Standards and Technology to establish an initiative to promote the research, development, and demonstration of miner tracking and communications systems and to promote the establishment of standards and other measurement services regarding underground communications to protect miners in the United States. 

II. PURPOSE OF THE BILL

The purpose of the bill is to authorize a research, development, 

and demonstration program at the National Institute of Standards 

and Technology (NIST) to accelerate the development of innovative 

mine communications and tracking technology; and to require the 

Director of NIST to work with industry and relevant Federal agencies to develop consensus standards and standard reference materials for communications in underground mines. The programs authorized in this bill are run by the National Institute for Standards 

and Technology. 

III. BACKGROUND AND NEED FOR LEGISLATION

Over the past two years, several mine tragedies resulting in multiple deaths have shocked the Nation and have brought the issue 

of miner safety and health to the forefront. This series of tragedies 

started with the Sago mine explosion in West Virginia in 2006 and 

includes most recently the August 2007 disaster at the Crandall 

Canyon mine in Utah. 

In 2006, the number of miner fatalities in United States mines 

amounted to 72, the highest number since 2001 and a sharp rise 

after years of progress in lowering these numbers. From January 


cnoel on PRODPC60 with HEARING
4 

through October of 2007, there have been 26 miner fatalities. The 

high number of fatalities has spurred a number of Congressional 

investigations as well as the passage of legislation targeted towards improving mine safety. These accidents, and particularly the 

most recent disaster at Crandall Canyon, highlighted the need for 

better tracking and communications capabilities, including devices 

that will work in the event of an emergency and will allow two-way 

communication. 

On August 6, 2007, six miners were trapped more than eighteen 

hundred feet underground in the Crandall Canyon mine when 

rocks and debris exploded off the walls of the tunnels where they 

were working. During the rescue attempt that followed, further disaster struck when another underground explosion occurred, killing 

three rescuers. 

This disaster resulted in the loss of nine lives with the whereabouts of six of those victims still unknown months after the accident. The lack of information about the exact location of the 

trapped miners resulted in a virtually impossible rescue and an excruciating ordeal for the families of the trapped miners. The lack 

of either tracking or two-way communications systems left rescuers 

with few options beyond blindly drilling through hundreds of feet 

of rock with the hopes of reaching survivors. 

Recent mine collapses have emphasized the need for effective 

tracking of miners underground as well as the need for emergency 

communications between miners inside the mine and personnel 

outside the mine. Mines generally have reliable and effective communications systems that often include hard-wired networks, but 

these systems are often compromised during catastrophic events. 

Experience has shown that such technologies must function in 

post-disaster environments and enable two-way communication. 

Beyond the threat that a catastrophic event could pose to the integrity of mine tracking and communications systems, mines have 

a number of unique characteristics that make implementing such 

systems even more difficult. These characteristics include physical 

forces, extreme temperatures, physical geometry and electromagnetic characteristics which together create a very difficult environment for effective signal propagation. These unique elements 

make implementation of many existing technologies virtually impossible and further add to the challenge of creating effective mine 

tracking and communications systems. 

Underground mines have a dynamic structure, a continuously 

changing maze of mine openings which include entries and crosscuts, following the wave of a coal seam within the mountain. The 

overall size of mines can range from tens to hundreds of thousands 

of feet of entries, some interconnected and some with dead ends. 

This means that no mine has the same layout and that even within 

the same mine, the size of and distances between various openings 

can vary widely. 

Two key measurements that impact communications systems include the line of sight distances between openings as well as the 

propagation paths through the mined out openings. The mine environment and the various distances between openings makes it 

more challenging for communications signals to be capable of traveling both long and short distances without interruption or corruption. Communications equipment is often not able to work in all 


cnoel on PRODPC60 with HEARING
5 

areas of the mine or certain areas of the mine may not be equipped 

with the appropriate technology to support the communications 

system. 

Physical mine characteristics, including high humidity, the prevalence or rock and/or coal dust, in addition to the daily vibrations 

and shock within the mine all contribute to the difficulties in implementing and maintaining electrical systems. In addition, because miners could come into contact with potentially explosive levels of methane in various areas of the mine, all communications devices must be found to be intrinsically safe or enclosed in an explosion-proof enclosure and must be approved by the Mine Safety and 

Health Administration (MSHA). These constraints further limit the 

size and power source of communications and tracking devices that 

can be used by miners. 

Additionally, radio signals require a clear path or open air for optimum signal propagation but mine pillars, ventilation access 

points and the natural path of the mine can impede or even completely block conventional radio signal propagation. Signal propagation is also impacted by radio frequency selection and the electrical 

properties of coal. Under certain conditions, very low frequency signals can penetrate though the strata, but carry limited information 

and require a large antenna above ground. Higher frequency signals carry more information, but require line of sight paths and are 

unable to travel from turn to turn underground. 

Further research regarding underground communications and 

the applicability of existing technology to the underground mine 

environment is necessary in order to foster the development of next 

generation mine tracking and communications technology. Currently, communications for underground mines is unregulated and 

many necessary metrics and standards have not been developed in 

this niche field. 

Through research in the field of underground communications, 

additional radio spectrum could potentially be made available underground, providing firms with a greater allocation for commercial 

communications purposes. The development of consensus standards 

for underground communication will help facilitate the development of innovative new technology in the field of underground 

mine communications. 

Due to the relatively small market for mine communications 

products, many private sector firms do not have the capacity to invest in the necessary research, development and testing of mine 

communications technology. Because of the safety and other regulatory concerns associated with the mining industry, firms spend a 

significant amount of time waiting to gain approval for mine tracking and communications technology. Government-sponsored research and the development of consensus standards in this field 

would aid in the acceleration of next-generation technology to better protect underground miners. 

As a technical agency with significant experience in developing 

consensus industry standards and providing measurement services 

to other industries, the National Institute for Standards and Technology (NIST) is well poised to assist in these tasks for the field 

of mine communications. NIST has a long history of working in 

close collaboration with industry to facilitate research and development in longer-term, high-risk research which will yield national 


cnoel on PRODPC60 with HEARING
6 

benefits. This research will have a clear national development in 

fostering the development of innovative technology that will protect 

the health and safety of American miners. In the accelerating the 

development of consensus industry standards and provision of 

measurement services, NIST will seek to address the appropriate 

use of frequency bands and power levels, issues related to interoperability and interference. 

IV. COMMITTEE ACTIONS

On October 17, 2007, Representative Jim Matheson, for himself 

and Representative Bart Gordon, Chairman of the Committee on 

Science and Technology, Representative Ed Whitfield, Representative Mike Ross, Representative Geoff Davis, Representative Don 

Young, Representative Chris Cannon, Representative Spencer 

Bachus, and Representative Harold Rogers introduced H.R. 3877, 

the Mine Communications Technology Innovation Act, a bill to require the Director of the National Institute of Standards and Technology to establish an initiative to promote the research, development, and demonstration of miner tracking and communications 

systems and to promote the establishment of standards regarding 

underground communications to protect miners in the United 

States. 

The full Committee on Science and Technology met to consider 

H.R. 3877, on Wednesday, October 24, 2007 and considered the following amendments to the bill: 

1. Mr. Matheson offered an amendment to make technical and 

clarifying amendments to the bill and to make the following additional changes: 

In Section 3(a), expands the purpose of the research program created in the bill so that it includes the establishment of best practices and the adaptation of existing technology for mine communications; 

In Section 3(c), adds research on characterizing the radio propagation environment, performance metrics, and validation tests as 

focus areas for the program; 

In Section 4, generalizes the specific requirement for NIST to develop standard reference materials to a broader requirement to develop any needed measurement services for mine communications 

technology. 

The amendment was agreed to by a voice vote. 

Mr. Lampson moved that the Committee favorably report the 

bill, H.R. 3877, as amended, to the House with the recommendation 

that the bill as amended do pass; that the staff be instructed to 

prepare the report and make necessary technical and conforming 

changes; and that the Chairman take all necessary steps to bring 

the bill before the House for consideration. The motion was agreed 

to by a voice vote. 

Mr. Gordon moved that: (1) Members have two subsequent calendar days in which to submit supplemental, minority, or additional views on the measure; and (2) pursuant to clause 1 of rule 

22 of the Rules of the House of Representatives, the Committee authorizes the Chairman to offer such motions as may be necessary 

in the House to adopt and pass H.R. 3877, the Mine Communications Technology Innovation Act, as amended. 


cnoel on PRODPC60 with HEARING
7 

V. SUMMARY OF MAJOR PROVISIONS OF THE BILL AS REPORTED

H.R. 3877 authorizes the National Institute of Standards and 

Technology (NIST) to establish a research, development, and demonstration project to accelerate the development of innovative communications and tracking technology for use in mines. This project 

will include the establishment of best practices and adaptation of 

existing technology. NIST is required to coordinate with relevant 

Federal agencies to determine research priorities, which may include emergency communications systems, systems for deep underground mines, hybrid wireless and infrastructure based systems, or 

other optional priorities. 

The bill also requires NIST to work with industry and relevant 

Federal agencies to develop consensus standards for communications in mines. NIST is required to develop and provide measurement services in support of these standards. 

The bill authorizes to NIST such sums as are necessary to carry 

out these programs for fiscal years 2009 and 2010, to be derived 

from amounts authorized to NIST in the America COMPETES Act 

(Public Law 110–69). 

VI. SECTION-BY-SECTION ANALYSIS OF THE BILL AS REPORTED

Section 1. Short title 

‘‘Mine Communications Technology Innovation Act.’’

Sec. 2. Findings 

Establishes Congressional findings that underground mines 

present unique communications challenges and existing communication technologies are inadequate for maintaining communications, especially in emergencies. Finds that the National Institute 

of Standards and Technology (NIST) is well positioned to support 

development of technology and technical standards to improve communications capabilities in mines in partnership with the National 

Institute for Occupational Health and Safety (NIOSH). 

Sec. 3. Mine communications and tracking research and development program authorization 

Requires the Director of NIST to establish a research, development, and demonstration program to accelerate the development of 

innovative mine communications and tracking technology, develop 

best practices, and adapt existing technology. Requires the Director 

to coordinate with other Federal agencies to determine research 

priorities for promoting miner safety. These priorities may include 

development of systems for emergency situations, systems for coal 

mines or deep underground mines, systems that provide ubiquitous 

coverage, hybrid wireless and wired systems, systems for use in 

both emergency and routine communications, and additional 

functionality for two-way and voice communications. 

Sec. 4. Standards regarding underground communications 

Requires the Director of NIST to work with industry and relevant Federal agencies to develop consensus standards and provide 

related measurement services for communications in underground 

mines. Requires NIST to address the issues of (1) the appropriate 

use of frequencies and power levels; (2) communications interoperVerDate Aug 31 2005 22:21 Oct 30, 2007 Jkt 069006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR411.XXX HR411

cnoel on PRODPC60 with HEARING
8 

ability; and (3) technology to prevent interference when developing 

standards and providing related measurement services. 

Sec. 5. Authorization of appropriations 

Authorizes such sums as are necessary for carrying out this Act 

for FY 2009 and FY 2010, to be derived from amounts authorized 

to NIST under section 3001 of the America COMPETES Act. 

VII. COMMITTEE VIEWS

The Committee recognizes the urgent need to develop and implement improved communications technologies for use in mines during routine operation and emergencies. Mine-related accidents 

caused 234 deaths and nearly 40,000 injuries between 2000 and 

2006. In many of those situations, improved communications technologies could have aided the rescue and recovery efforts by making miners easier to locate or conditions easier to assess. The Committee believes that the Federal government should accelerate efforts to support the development of innovative technologies and adaptation of existing technologies capable of providing communications services in mines, especially in emergency situations to protect the life and health of miners. 

Underground mines present specific technical challenges that 

make traditional communications technology ineffective, especially 

in emergency situations. It is extremely difficult to lay infrastructure for traditional wired communications systems in mines, as 

new spaces are constantly being opened as mines expand, and 

equipment for installing infrastructure is not easily transportable 

into deep mines. In mines where this infrastructure does exist, it 

may be damaged and inoperative during emergency situations such 

as cave-ins. Existing wireless communications technology is also 

not adequately effective in mine environments. Open air pathways, 

which are required for radio signals and WiFi, do not exist in underground mines. Additionally, less than ten percent of the radio 

spectrum that is used for above ground communications can be 

used underground because of the physical properties of rock and 

coal. New technology supporting communications in spite of these 

challenges is urgently required to allow effective communication 

within mines and from mines to above ground emergency workers. 

The Committee believes that the National Institute of Standards 

and Technology (NIST) is one of the key agencies to develop these 

new technologies, adapt existing technologies, and guide the creation of consensus standards and best practices to promote miner 

safety through effective communications. These activities fall specifically within NIST’s stated mission, which is to promote innovation through technical standards development and research. NIST 

has a long record of successful collaborations with Federal agencies 

and industry to advance technology in a wide range of fields. The 

agency’s ability to facilitate decision-making among stakeholders 

and provide expert technical assistance will ensure that new, effective technologies are implemented in the most efficient manner 

possible. 

The federal agencies that have responsibility for mine safety, including the National Institute of Occupational Safety and Health 

(NIOSH) and the Mine Health and Safety Administration (MHSA), 

have previously turned to NIST for assistance in specific technical 


cnoel on PRODPC60 with HEARING
9 

areas. For example, one of MHSA’s responsibilities is monitoring 

the hearing of miners, who are often exposed to loud noises that 

can cause significant hearing damage. MHSA employs noise 

dosimeters worn by miners for this purpose, and the accuracy of 

the dosimeters is ensured with a calibration process that is conducted by NIST’s Manufacturing Engineering Laboratory (MEL). 

NIST also conducted technical collaborations with the former U.S. 

Bureau of Mines to develop software for robotic mining systems, 

which can protect mine workers by reducing the need for them to 

operate in dangerous or difficult mine areas. The Committee expects that NIST’s activities will be complementary and not redundant to ongoing work at NIOSH. 

The Committee believes that NIST should leverage its existing 

lab capabilities to implement the research, development and demonstration projects authorized in this legislation. Additionally, 

when appropriate, NIST should work with outside researchers 

through grants or other mechanisms to take advantage of the expertise of scientists with a background in mine-related fields or advanced communications. For the purpose of guiding standards development, NIST should be certain to include the National Institute of Occupational Safety and Health (NIOSH) so as to take advantage of that agency’s expertise in the area of mine safety generally. Additionally, NIST should work closely with NIOSH to ensure that their respective research portfolios are complementary in 

terms of priorities and activities. 

NIST has specific expertise in the field of communications technology that is highly applicable to the challenges of communications in underground mines. The Electronics and Electrical Engineering Laboratory (EEEL) at NIST carries out research and develops standard reference materials related to wireless communication. The Information Technology Laboratory (ITL) and the Building and Fire Research Laboratory (BFRL) are also involved in the 

wireless communications program. Currently, NIST has an active 

research program in radio communications for first responders in 

difficult radio environments, such as demolished buildings. NIST 

researchers have conducted field tests of first-responder radios inside demolished buildings, and results from these tests show that 

it is possible to detect radio and cell-phone signals from inside collapsed buildings, but only with special equipment and under certain conditions. NIST is also working with the Department of 

Homeland Security’s Science and Technology Directorate to develop 

comprehensive standards for urban-environment search & rescue 

(USR) robots, including standards for radio communication with robots in tunnels. NIST is developing new technical approaches to 

radio communication and locating first responders and victims 

based on the results of these experiments. The conditions in these 

research projects present similar challenges to those that exist in 

mines, and the results of this research are a valuable starting point 

for innovations in the field of mine communications technology. 

VIII. COST ESTIMATE

A cost estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974 has been timely submitted to the Committee on 

Science and Technology prior to the filing of this report and is inVerDate Aug 31 2005 22:21 Oct 30, 2007 Jkt 069006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR411.XXX HR411

cnoel on PRODPC60 with HEARING
10 

cluded in Section X of this report pursuant to House Rule XIII, 

clause 3(c)(3). 

H.R. 3877 does not contain new budget authority, credit authority, or changes in revenues or tax expenditures. Assuming that the 

sums authorized under the bill are appropriated, H.R. 3877 does 

authorize additional discretionary spending, as described in the 

Congressional Budget Office report on the bill, which is contained 

in Section X of this report. 

IX. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

OCTOBER 26, 2007. 

Hon. BART GORDON, 

Chairman, Committee on Science and Technology, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3877, the Mine Communications Technology Innovation Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 3877—Mine Communications Technology Innovation Act 

H.R. 3877 would establish a research and development program 

at the National Institute of Standards and Technology (NIST) to 

develop communications systems for underground mines. The program would focus on identifying existing methods that have been 

effective, adapting existing technology, and encouraging technological innovation in such communication systems. NIST, working 

with the mining industry and other federal agencies, also would be 

required to develop industry-wide standards for communication in 

underground mines. 

Based on information from NIST, CBO estimates that implementing the provisions of H.R. 3877 would cost about $1 million 

over the 2008–2012 period, subject to appropriation of the amounts 

authorized to be appropriated to NIST in the America COMPETES 

Act. Enacting H.R. 3877 would not affect direct spending or revenues. 

H.R. 3877 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO contact for this estimate is Susan Willie. This estimate 

was approved by Theresa Gullo, Deputy Assistant Director for 

Budget Analysis. 

X. COMPLIANCE WITH PUBLIC LAW 104–4

H.R. 3877 contains no unfunded mandates. 

XI. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The oversight findings and recommendations of the Committee 

on Science and Technology are reflected in the body of this report. 


cnoel on PRODPC60 with HEARING
11 

XII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause (3)(c) of House rule XIII, the goals of H.R. 

3877 are to . . . 

XIII. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 3877. 

XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

No Federal Advisory Committees are created by H.R. 3877. 

XV. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 3877 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVI. EARMARK IDENTIFICATION

H.R. 3877 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. 

XVII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

This bill is not intended to preempt any state, local, or tribal law. 

XVIII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

None. 

XIX. COMMITTEE RECOMMENDATIONS

On October 24, 2007, the Committee on Science and Technology 

favorably reported the Mine Communications Technology Innovation Act by a voice vote, and recommended its enactment. 


cnoel on PRODPC60 with HEARING
(12) 

XX. ADDITIONAL VIEWS

ADDITIONAL VIEWS OF REPRESENTATIVES RALPH HALL, 

PHIL GINGREY, VERNON EHLERS, MICHAEL MCCAUL, 

TOM FEENEY AND ADRIAN SMITH 

Although Members on the minority side supported the bill offered in Committee, Members expressed concern with the language 

directing that funding for this bill come from the funds authorized 

for the COMPETES Act of 2007 (Public Law 110–69). Retroactively 

authorizing programs through previously authorized legislation 

sets a questionable precedent for future programs to be authorized 

in a similar manner. 

Members expressed reservations that this practice could hamper 

the agencies enumerated in COMPETES which have long suffered 

declining or stagnant budgets. The purpose of the COMPETES Act 

was to increase America’s competiveness and innovation capacity. 

It is not clear that this bill directly achieves that purpose. Members trust that this will not begin a precedent of redirecting funding intended for these programs whenever a new bill requires an 

authorization. 

RALPH M. HALL. VERNON J. EHLERS. PHIL GINGREY. MICHAEL T. MCCAUL. TOM FEENEY. ADRIAN SMITH. 


cnoel on PRODPC60 with HEARING
(13) 

XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP 

ON H.R. 3877, THE MINE COMMUNICATIONS TECHNOLOGY INNOVATION ACT 

WEDNESDAY, OCTOBER 24, 2007 

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE AND TECHNOLOGY, Washington, DC. 

The Committee met, pursuant to call, at 10:10 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Bart Gordon 

[Chairman of the Committee] presiding. 

Chairman GORDON. Good morning. The Committee will come to 

order, pursuant to notice. The Committee of Science and Technology meets to consider the following measures: H.R. 2406, To authorize the National Institute of Standards and Technology to Increase its efforts in support of the integration of health care information enterprises in the United States; H.R. 3877, the Mine Communications Technology Innovation Act; and H.R. 1834, the National Ocean Exploration Program Act. 

As we start, let me welcome back Mike Quear. Mike is the brains 

and the inspiration for, particularly the health care bit of this. As 

we pointed out the other day, Mr. Hall was very complimentary; 

Mike had a stroke recently, complicated by some other matters. He 

is back, and we are glad you are here, Mike. You are very important to the entire Committee. 

We now proceed with the markup, and I will begin with a brief 

statement. Today the Committee meets to markup three bills dealing with a wide range of issues. 

The first bill we will markup, H.R. 2406, deals with the issue of 

health care information technology. The broad use of IT in the 

health care sector could have far reaching benefits, including saving tens of billions of dollars per year—and that is tens of billions 

of dollars for both the taxpayers as well as for patients—improving 

the quality of medical care, and reducing dangerous medical errors. 

But meeting the challenge of developing and maintaining such a 

system is not simple. In order to achieve broad implementation, we 

need widely accepted technical standards that will let health care 

IT systems inter-operate while protecting patient privacy. 

H.R. 2406 authorizes the National Institute of Standards and 

Technology to increase its efforts to support the integration of 

health care IT in the United States, to develop or adapt or adopt 

existing technical health care IT standards for federal agencies, 

and to create a university grant program for multi-disciplinary research in health care IT—and I thank Mr. Wu for that addition. 

The bill is based on the recommendations of a report by the PresiVerDate Aug 31 2005 22:21 Oct 30, 2007 Jkt 069006 PO 00000 Frm 00013 Fmt 6604 Sfmt 6604 E:\HR\OC\HR411.XXX HR411

cnoel on PRODPC60 with HEARING
14 

dent’s Information Technology Advisory Committee in 2004 and a 

study by the National Academies in 2005. 

The next bill we will markup is H.R. 3877, which addresses the 

issue of underground mine communication technology. 

Tragedies in West Virginia and Utah over the last few years 

have given us a painful illustration for the need for robust emergency communications in mines. 

H.R. 3877 authorizes research and standards development programs to address the important challenge of communication technology for underground mines. The bill authorizes an R&D and 

standards development program at the National Institute of Standards and Technology at NIST to promote development of innovative 

communications and tracking technologies of underground mines. 

To be clear, this bill has not, in any way, diminished the role of 

the National Institute for Occupational Safety and Health. NIST’s 

efforts to promote improved communications technology through 

R&D and technical standards only support NIOSH’s important 

work. And I want to thank Mr. Matheson for bringing this very important and timely issue to us. 

The National Ocean Exploration and National Undersea Research Program Act formally authorizes two programs at NOAA 

that have made important contributions to our knowledge of the 

oceans and developed technologies that enable us to explore these 

vast areas of our planet. 

Once again the Committee has three good bills in front of it, 

which do address three different, but critical issues. 

And once again, we are marking up both Republican and Democratic bills, because as I have said before, good ideas are good 

ideas, regardless of where they might originate. And I urge my colleagues to support each of these good bills. 

I now recognize Mr. Hall to present his opening remarks. 

[The prepared statement of Chairman Gordon follows:] 

PREPARED STATEMENT OF CHAIRMAN BART GORDON

Today the Committee meets to markup three bills dealing with a wide range of 

issues. 

The first bill we will markup, H.R. 2406, deals with the issue of health care information technology. The broad use of IT in the health care sector could have far 

reaching benefits, including saving tens of billions of dollars per year, improving the 

quality of medical care, and reducing dangerous medical errors. 

But meeting the challenge of developing and maintaining such a system is not 

simple. In order to achieve broad implementation, we need widely accepted technical 

standards that will let health care IT systems inter-operate while protecting patient 

privacy. 

H.R. 2406 authorizes the National Institute of Standards and Technology (NIST) 

to increase its efforts to support the integration of health care IT in the United 

States, to develop or adopt existing technical health care IT standards for federal 

agencies, and to create a university grant program for multi-disciplinary research 

in health care IT. 

The bill is based on the recommendations of a report by the President’s Information Technology Advisory Committee (PITAC) in 2004 and a study by the National 

Academies in 2005. 

The next bill we will markup is H.R. 3877, which addresses the issue of underground mine communication technology. 

Tragedies in West Virginia and Utah over the last few years have given us a painful illustration of the need for robust emergency communications in mines. 

H.R. 3877 authorizes research and standards development programs to address 

the important challenge of communications technology for underground mines. The 

bill authorizes an R&D and standards development program at the National InstiVerDate Aug 31 2005 22:21 Oct 30, 2007 Jkt 069006 PO 00000 Frm 00014 Fmt 6604 Sfmt 6621 E:\HR\OC\HR411.XXX HR411

cnoel on PRODPC60 with HEARING
15 

tute of Standards and Technology (NIST) to promote development of innovative communications and tracking technologies for underground mines. 

To be clear, this bill does not in any way diminish the role of the National Institute for Occupational Safety and Health (NIOSH). NIST’s efforts to promote improved communications technology through R&D and technical standards support 

NIOSH’s important work. 

Historically, NIST has worked with industry and federal agencies on long- term 

R&D projects and development of technical standards, including first responder 

radio communications, and is the best agency to bridge the research and technology 

gap in the field of mine communications. 

Finally, we will also consider H.R. 1834, introduced by our colleague on the Natural Resources Committee, Rep. Saxton. The National Ocean Exploration and National Undersea Research Program Act formally authorizes two programs at NOAA 

that have made important contributions to our knowledge of the oceans and developed technologies that enable us to explore these vast areas of our planet. 

Once again the Committee has three good bills in front of it which address three 

different, but critical issues. 

And once again, we are marking up both Republican and Democratic bills, because as I have said before, good ideas are good ideas regardless of where they come 

from. I urge my colleagues to support each of these good bills. 

Mr. HALL. Thank you, Mr. Chairman. As you very ably pointed 

out, I am pleased, and our side of the docket is pleased that this 

committee is marking up three good bills today. 

H.R. 2406 will certainly help clarify and codify NIST’s role in the 

integration of health information technology. NIST has played a 

very important role in health information technology through their 

work with the Department of Health and Human Services, and this 

legislation helps them to continue that vital role as we develop 

inter-operability standards. 

H.R. 3877 offers another opportunity to clarify NIST’s role in the 

important area of mine communication technology. AS the tragedy 

in Utah unfortunately illustrated, we have a lot of work to do to 

improve communications between surface personnel and underground miners so as to advance miner health and safety. 

And finally, H.R. 1834 authorizes two programs that are already 

in existence at NOAA, the Ocean Exploration Program and the National Undersea Research Program. These are two excellent initiatives, and it is time that we codify their goals and objections into 

law. 

I would like to thank you and your staff for working with us to 

improve these bills and craft good policy. 

I yield back the balance of my time. 

[The prepared statement of Mr. Hall follows:] 

PREPARED STATEMENT OF REPRESENTATIVE RALPH M. HALL

Thank you, Mr. Chairman. I am pleased that this committee is marking up three 

good bills today. H.R. 2406 will help clarify and codify NIST’s role in the integration 

of health information technology. NIST has played an important role in health information technology through their work with the department of health and human 

services, and this legislation helps them continue that vital role as we develop interoperability standards. 

H.R. 3877 offers another opportunity to clarify NIST’s role in the important area 

of mine communications technology. As the tragedy in Utah unfortunately illustrated, we have a lot of work to do to improve communications between surface personnel and underground miners so as to advance miner health and safety. 

Finally, H.R. 1834 authorizes two programs that are already in existence at 

NOAA, the Ocean Exploration Program and the National Undersea Research Program. These are two excellent initiatives, and it is time that we codify their goals 

and objectives into law. 

I would like to thank you and your staff for working with us to improve these 

bills and craft good policy. 


cnoel on PRODPC60 with HEARING
16 

I yield back the balance of my time. 

Chairman GORDON. Thank you, Mr. Hall. 

Without objection, Members may place statements in the records 

at any point. 

[The prepared statement of Mr. Mitchell follows:] 

PREPARED STATEMENT OF REPRESENTATIVE HARRY E. MITCHELL

Thank you, Mr. Chairman. 

As you know, our nation is facing a health care crisis. And I’m not even talking 

about the rising cost. We have an information crisis. Different information is stored 

in different systems, and too often we have to jump through hoops do share it. We 

have yet to get vital health information stored in one uniform system. 

The inability to share health information puts patient care at risk. According to 

the Institute of Medicine, as many as 98,000 people die in hospitals yearly from 

medical errors such as improper medications and incorrect diagnoses, and as much 

as 49 percent of diagnostic testing is replicated because previous tests results are 

not readily accessible. 

In addition to the honor of serving on this committee, I have the honor of serve 

as Chairman of the Veterans’ Affairs Committee’s Subcommittee on Oversight and 

Investigations. In the course of our work there, we have seen serious problems with 

medical information sharing between the Department of Defense and the Veterans 

Administration. Veterans are finding technological and bureaucratic hurdles when 

they try to access their own medical histories. This puts their medical care at risk, 

and I think our nation’s heroes deserve better. 

I am pleased with the work that the Science and Technology Committee has dome 

to help create a solution to this long vexing problem. I am a proud co-sponsor of 

H.R. 2406, and I am confident that this legislation will establish the technical 

standards necessary to ensure secure and accurate health care information sharing 

between federal agencies like the DOD and the VA. 

I yield back. 

Chairman GORDON. We now consider H.R. 3877, the Mine Communications Technology Innovation Act. I yield to the gentleman 

from Utah, Mr. Matheson, five minutes to describe his bill. 

Mr. MATHESON. Well, thank you, Chairman Gordon, and I also 

want to thank both you and Ranking Member Hall for your help 

on this matter. 

This legislation is very important to me because I have been 

working on at the aftermath of the disaster at the Crandall Canyon 

Mine, which is in my congressional district. I think we all remember it was on August 6 that six miners were trapped when rocks 

and debris exploded off the walls of the tunnels where they were 

working, more than 18,000 feet underground. During the rescue attempt that followed, further disaster struck when underground activity caused a burst of rubble to explode off the cavern wall, and 

that killed three rescuers at the time. 

Now, one of the most difficult aspects of the Crandall Canyon 

Mine collapse was not knowing where the trapped miners were 

when the cave-in occurred. It made for an excruciating ordeal for 

the families, the mine owner and the mine rescuers. I think everyone in this room, if you watched on television, you remember that 

there is this frustrating scenario where multiple holes are being 

drilled down from the surface, but it was clear that it wasn’t 

known exactly where the trapped miners were, and each hole, as 

it was drilled, won’t find any sign of the miners. 

And I think a lot of us felt frustration at the time about thinking 

we can communicate and get images from the surface of Mars, but 

we can’t seem to get communication to establish where there miners are undergrounds. Mines generally have reliable communicaVerDate Aug 31 2005 22:21 Oct 30, 2007 Jkt 069006 PO 00000 Frm 00016 Fmt 6604 Sfmt 6601 E:\HR\OC\HR411.XXX HR411

cnoel on PRODPC60 with HEARING
17 

tions systems in place, but most mines have properties that make 

implementation of current technology difficult. The problem is the 

open-air pathway required for radio signals and WiFi do not exist, 

and less than 10 percent of the radio spectrum used above ground 

can be used underground. 

Because of the challenges of the mine environment and the limited nature of the market, much needed technology has not been 

developed or is not commercially available, so the purpose of this 

legislation is to accelerate the development of innovate next-generation mine tracking and communication technology. My legislation directs the National Institute of Standards and Technology to 

establish an initiative to promote the research, development, and 

demonstration of miner tracking and communications systems and 

to promote the establishment of standards and other measurement 

services regarding underground mines. 

As the Chairman indicated in his remarks at the start of this 

hearing, this is a narrowly targeted R&D bill. It does not infringe 

on other committees’ jurisdictions in the House when it comes to 

mine safety issues. I think it is a critical issue that ought to be addressed in order to better protect our miners. 

And again, both Mr. Chairman and Ranking Member Hall, I 

thank you for your cooperation on this, and I will yield back my 

time. 

[The prepared statement of Mr. Matheson follows:] 

PREPARED STATEMENT OF REPRESENTATIVE JIM MATHESON

Thank you, Chairman Gordon and Ranking Member Hall. 

I thank both of you for your willingness to consider H.R. 3877, the Mine Communications Technology Innovation Act. This legislation is very near to my heart and 

is something that I have been working on in the aftermath of the disaster at 

Crandall Canyon Mine which is in my district. 

On August 6, six miners were trapped when rocks and debris exploded off the 

walls of the tunnels where they were working, more than eighteen hundred feet underground. During the rescue attempt that followed, further disaster struck when 

underground activity caused a burst of rubble to explode off the cavern wall, killing 

three rescuers. 

One of the most difficult aspects of the Crandall Canyon mine collapse was not 

knowing where the trapped miners were when the cave-in occurred. It made for an 

excruciating ordeal for the families, the mine owner and the mine rescuers. The lack 

of communications left the rescuers with the frustrating scenario of trying to drill 

blindly through hundreds of feet of rock with the hope of reaching survivors. 

While mines generally have reliable communications systems in place, most mines 

have properties that make implementation of current technology difficult. For example, the open air pathway required for radio signals and WiFi do not exist and less 

than ten percent of the radio spectrum used above ground can be used underground. 

Because of the challenges of the mine environment and the limited nature of the 

market, much needed technology has not yet been developed or is not commercially 

available. 

The purpose of this legislation is to accelerate the development of innovative, next 

generation mine tracking and communications technology. My legislation directs the 

National Institute of Standards and Technology to establish an initiative to promote 

the research, development, and demonstration of miner tracking and communications systems and to promote the establishment of standards and other measurement services regarding underground mines. 

This is a critical issue that must be addressed in order to better protect our miners and I thank you Mr. Chairman for your consideration of this legislation. Thank 

you, Mr. Chairman. 

Chairman GORDON. Thank you Mr. Matheson. I recognize Mr. 

Hall to present any remarks. 


cnoel on PRODPC60 with HEARING
18 

Mr. HALL. Mr. Chairman, I would like to thank you and your 

staff for taking some time to sit down and to work on a manager’s 

amendment to this bill. 

There is a clear agreement that NIST has the expertise needed 

to draft standards for communication equipment in mines and 

other subterranean environments and foster development of those 

systems through best practices of measurement services and research evaluations. This bill as amended would substantially contribute to the health and safety of miners. Specifically, NIST has 

long been a leader in communications research technology and has 

the equipment and expertise to characterize the mine environment 

and determine what techniques are best suited for these difficult 

conditions. 

However, many Members of the Committee and I were concerned 

that the bill, as introduced, went beyond NIST’s core competencies 

to include technology development activities beyond their scope and 

duplicative of efforts currently underway at NIOSH. Under the 

2006 Miner Act, NIOSH has received significant funding to lead an 

interagency program to develop communication, tracking, oxygen 

supply, and refuge systems for mines. And to date, this program 

has invested over $23 million and is steadily progressing toward installation of new safer communication systems in 2009. 

And it is my understanding that the manager’s amendment ensures that any activity undertaken by NIST will complement the 

large effort already underway at NIOSH. And while I am pleased 

with the manager’s amendment, I do believe this committee could 

have crafted an even better bill if we had been given the time necessary to craft this legislation by the regular order. 

While I realize that time is not in an overabundant supply in 

these halls at this time, and the Chair has reason to move this bill 

quickly to the Floor, it is my hope that this will be an exception 

to the rule of carefully considering and wisely disseminating legislation from this committee. 

And the policy in this amended bill, however, is one I hope the 

entire Committee can support. The bill creates a basic framework 

to ensure that the government’s research agencies work cooperatively, effectively, and quickly to improve mine safety. And the 

world-renown capability of the NIST laboratories can significantly 

improve implementation of emergency communications and tracking systems in mines, and I do support passage of the amended bill 

today. 

I yield back my time, sir. 

Chairman GORDON. Thank you, Mr. Hall. Well, let me say that 

your thoughtful, constructive comments were certainly noted, and 

you, I think, were correct. 

Does anyone else wish to be recognized? 

Mr. Chandler. 

Mr. CHANDLER. Thank you, Mr. Chairman. 

I just want to compliment Mr. Matheson on bringing this matter 

to the Committee and passing this—hopefully passing this bill. The 

mine tragedy in Utah was just another on in a long line of mine 

tragedies in this country. We have experience the same sort of 

thing in my home State of Kentucky, and I believe that we ought 

to do everything in our power to protect our miners. 


cnoel on PRODPC60 with HEARING
19 

This is an effort to do it. Communications are vital, and I applaud and Mr. Matheson and the Chairman and the Ranking Member for moving on this thing. Thank you. 

Chairman GORDON. Does anyone else wish to be recognized? 

Dr. Gingrey. 

Mr. GINGREY. Mr. Chairman, thank you, and I echo the sentiments expressed by Mr. Hall in regard to some of his concerns 

about regular order, but let me just compliment the gentleman 

from Utah. His heart is in the right place, no question about it. 

The gentleman from Kentucky knows of what he speaks, and if we 

had a Member here from West Virginia, I am sure they would echo 

those same sentiments. 

So we understand from this side. While we like regular order, 

and would like to have had a little bit more time, but in this particular instance, time is of the essence, and so I commend Mr. 

Matheson for the bill, and I certainly support it. 

Chairman GORDON. Does anyone else wish to comment on the 

bill? All right, again, Mr. Matheson, this bill is going to save lives 

and heartache for a lot of families. Thank you for bringing this to 

us. 

I ask unanimous consent that the bill is considered as read and 

open to amendment at any point and that the Members proceed 

with the amendments in the order of the roster. 

Without objection—excuse me. The first amendment on the roster is the manager’s amendment, offered by the gentleman from 

Utah, Mr. Matheson. Are you prepared with your amendment? 

Mr. MATHESON. Yes, Mr. Chairman, I am. Thank you. 

Chairman GORDON. The Clerk will report the amendment. 

The CLERK. Amendment to H.R. 3877, offered by Mr. Matheson 

of Utah. 

Chairman GORDON. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

I recognize the gentleman from Utah for five minutes to explain 

his amendment. 

Mr. MATHESON. Well, thank you, Mr. Chairman. In the tradition 

of this committee, working in close consultation with both Majority 

and Minority staff, we drafted a manager’s amendment that I think 

better defines the purpose of this research program to fit within 

NIST’s set of core competencies. 

Very briefly, these changes include the establishment of best 

practices, adaptation of existing technology for mine communication, and measurement services for mine communication. Additionally, this amendment clarifies that NIST is well positioned to accelerate the development of consensus standards, rather than draft 

those standards. 

The amendment includes several other technical changes and 

does not make any changes to authorization language. 

Again, I think the cooperation on both sides of the aisle on developing this manager’s amendment. I urge its adopting, and I will 

yield back my time. 

[The prepared statement of Mr. Matheson follows:] 

PREPARED STATEMENT OF REPRESENTATIVE JIM MATHESON

Thank you, Chairman Gordon. 


cnoel on PRODPC60 with HEARING
20 

Working in close consultation with the Majority and Minority staff of the Science 

Committee, we drafted a manager’s amendment that expands the purpose of this 

research program to better fit within NIST’s set of core competencies. 

These changes include the establishment of best practices, adaptation of existing 

technology for mine communication and measurement services for mine communications. Additionally, this amendment clarifies that NIST is well-positioned to accelerate the development of consensus standards, rather than draft those standards. 

The amendment includes several other technical changes and does not make any 

changes to authorization language. 

Background Summary of Manager’s Amendment to H.R. 3877 

Major changes in the manager’s amendment: 

• Expands the purpose of the research program created in the bill so that it 

includes the establishment of best practices and the adaptation of existing 

technology for mine communications; and adds research on characterizing the 

radio propagation environment, performance metrics, and validation tests as 

focus areas for the program. 

• Generalizes the specific requirement for NIST to develop standard reference 

materials to a broader requirement to develop any needed measurement services for mine communications technology. 

Minor changes in the manager’s amendment: 

• Modifies the title of the bill to include other measurement services for mine 

communications technology. 

• Changes the findings to note that NIST is well-positioned to accelerate the 

development of consensus standards for mine communications technology 

rather than to draft those standards. 

• Adds language to the findings that NIST should work with other relevant 

public and private stakeholders on mine communications technology in addition to NIOSH and the Mine Safety and Health Administration. 

• Includes best practices for mine communications technology in the list of 

areas on which NIST shall coordinate with other federal agencies. 

THIS BILL DOES NOT MAKE ANY CHANGES TO PAYGO. 

Chairman GORDON. Is there further discussion on the amendment? If no, the votes occurs on the amendment. All in favor, say 

aye; those opposed, no. The ayes have it. The amendment is agreed 

to. 

Are there other amendments? If no, then the vote occurs on the 

bill H.R. 3877, as amended. All those in favor, say aye; opposed, 

no. In the opinion of the Chair, the ayes have it. 

Mr. LAMPSON. Mr. Chairman, I move that the Committee favorably report H.R. 3877, as amended, to the House with the recommendation that the bill do pass. Furthermore, I move that the 

staff be instructed to prepare the legislative report and make necessary technical and conforming changes and that the Chairman 

take all necessary steps to bring the bill before the House for consideration. 

Chairman GORDON. The question is on the motion to report the 

bill favorably. Those in favor of the motion will signify by saying 

aye; opposed, no. The ayes have it, and the bill is favorably reported. 

Without objection, the motion to reconsider is laid upon the desk. 

Members will have two subsequent calendar days in which to submit supplement Minority or additional views on the measure, ending Monday, October the 29th at 9:00 a.m. 

I move, pursuant to Clause 1 of Rule 22 of the Rules of the 

House of Representatives that the Committee authorize the Chairman to offer such motions as may be necessary in the House to 


cnoel on PRODPC60 with HEARING
21 

adopt and pass H.R. 3877, the Mine Communications Technology 

Innovation Act, as amended. Without objection, so ordered. 

Let me say to the Members, this appears to be our last markup 

of this year. I thank you for your attendance. I think this is probably a record year, and we want to do more than just have numbers. We want to have good content, too, and this is 30-something 

bills, all of which have been bipartisan. All but one had been unanimous. I thank you for your cooperation, and let us continue next 

year in the same way. 

This concludes this markup—— Mr. LAMPSON. Mr. Chairman, just may I before you end, just 

commend you for the leadership that you have provided to this 

committee. It has been excellent. It is great to work with you, and 

I think this is a wonderful committee to be a part of. Thank you 

so much. 

Chairman GORDON. Thank you. 

Mr. LAMPSON. And the staff. 

Chairman GORDON. I was going to say, it helps to have excellent 

staff. And we do. Thank you very much. 

[Whereupon, at 11:18 a.m., the Committee was adjourned.] 


cnoel on PRODPC60 with HEARING

cnoel on PRODPC60 with HEARING
(23) 

Appendix: 

H.R. 3877, SECTION-BY-SECTION ANALYSIS, AMENDMENT ROSTER


cnoel on PRODPC60 with HEARING
24 


cnoel on PRODPC60 with HEARINGh3877a.eps
25 


cnoel on PRODPC60 with HEARINGh3877b.eps
26 


cnoel on PRODPC60 with HEARINGh3877c.eps
27 


cnoel on PRODPC60 with HEARINGh3877d.eps
28 


cnoel on PRODPC60 with HEARINGh3877e.eps
29 


cnoel on PRODPC60 with HEARINGh3877f.eps
30 

SECTION-BY-SECTION ANALYSIS OF

H.R. 3877, MINE COMMUNICATIONS TECHNOLOGY INNOVATION ACT

Sec. 1: Short Title. 

‘‘Mine Communications Technology Innovation Act’’

Sec. 2: Findings. 

Establishes Congressional findings that underground mines present unique communications challenges and existing communication technologies are inadequate for 

maintaining communications, especially in emergencies. Finds that the National Institute of Standards and Technology (NIST) is well positioned to support development of technology and technical standards to improve communications capabilities 

in mines in partnership with the National Institute for Occupational Safety and 

Health (NIOSH). 

Sec. 3: Mine Communications and Tracking Research and Development 

Program Authorization. 

Requires the Director of NIST to establish a research, development, and demonstration program to accelerate the development of innovative mine communications and tracking technology. Requires the Director to coordinate with other federal 

agencies to determine research priorities for promoting miner safety. These priorities may include development of systems for emergency situations, systems for coal 

mines or deep underground mines, systems that provide ubiquitous coverage, hybrid 

wireless and wired systems, systems for use in both emergency and routine communications, and additional functionality for two-way and voice communications. 

Sec. 4. Standards Regarding Underground Communications. 

Requires the Director of NIST to work with industry and relevant federal agencies 

to develop consensus standards and standard reference materials for wireless communications in underground mines. Requires NIST to address the issues of (1) the 

appropriate use of frequencies and power levels; (2) communications inter-operability; and (3) technology to prevent interference when developing standards and 

standard reference materials. 

Sec. 5. Authorization of Appropriations. 

Authorizes such sums as are necessary for carrying out this Act for FY 2009 and 

FY 2010, to be derived from amounts authorized to NIST under section 3001 of the 

American Competes Act. 


cnoel on PRODPC60 with HEARING
31 


cnoel on PRODPC60 with HEARINGh3877g.eps
32 


cnoel on PRODPC60 with HEARINGh3877h.eps
33 


cnoel on PRODPC60 with HEARINGh3877i.eps