HR 2768 RFS 
‘‘(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 require-
ments 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 capac-
ity in any mine, such belt has received an an-
nual inspection by a certified professional to en-
sure that the belt is free from visible defects 
that could cause failure or possible ignition.’’. 
(2) BELT AIR.—Section 303(y) (30 U.S.C. 863) 
is amended by adding at the end the following: 
‘‘(3) Not later than June 20, 2008, the Secretary 
shall revise the regulations prescribed pursuant to this sec-
tion to require, in any coal mine, regardless of the date 
on which it was opened, that belt haulage entries not be 
used to ventilate active working places. The Secretary may 
agree to a modification of this requirement, pursuant to 
the procedures of section 101(c), if and only if— 
‘‘(A) the mine operator establishes to the satis-
faction of the Secretary that significant safety con-
straints require such usage; and 
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‘‘(B) the mine operator agrees to comply with 
criteria established by the Secretary which shall, at 
a minimum, include the conditions recommended by 
the Technical Study Panel established under section 
514. 
‘‘(4) Plans that have been approved by the Secretary 
prior to the date of enactment of the S–MINER Act that 
permit the use of belt-air to ventilate active working places 
in a mine are permitted to remain in use to complete cur-
rent mining up until the date of issuance of the regulation 
required pursuant to paragraph (3).’’. 
(e) PRE-SHIFT REVIEW OF MINE CONDITIONS.— 
Section 303(d) (30 U.S.C. 863(d)) is amended by adding 
at the end the following new paragraph: 
‘‘(3) Not later than 90 days after the date of enact-
ment of the S–MINER Act, all mine operators shall be 
required to implement a communication program at each 
of such operators’ facilities to ensure that each person en-
tering the operation is made aware at the start of that 
person’s shift of the current conditions of the mine in gen-
eral and of that person’s specific worksite in particular. 
In an effort to facilitate these communications, all agents 
of the operator who are responsible for ensuring the safe 
and healthful working conditions at the mine, including 
mine foremen, assistant mine foremen, and mine exam-
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iners, shall, upon exiting the mine or workplace, commu-
nicate with those replacing them on duty to verbally up-
date them on the conditions they observed during their 
shift, including any conditions that are abnormal or haz-
ardous. Prior to entering the mine or other workplace the 
on-coming agent of the operator shall meet with all mem-
bers of the crew they are responsible for and inform them 
of the general conditions at the operation and in their spe-
cific work area. This process shall be completed prior to 
the start of each shift at the operation and recorded in 
a book designated for that purpose and available for in-
spection by all interested parties. In the event the oper-
ation is idle prior to the start of any shift the agent of 
the operator shall meet with the individual or individuals 
who were responsible for examining the mine to obtain the 
necessary information.’’. 
(f) ATMOSPHERIC MONITORING SYSTEMS.—Section 
317 (30 U.S.C. 877) is amended by adding at the end 
the following: 
‘‘(u) Not later than May 1, 2008, an operator of an 
underground mine shall install atmospheric monitoring 
systems in all underground areas where miners normally 
work and travel that provide real-time information regard-
ing carbon monoxide levels, and that can, to the maximum 
extent possible, withstand explosions and fires.’’. 
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(g) METHANE
MONITORS.—Section 303(h) (30 
U.S.C. 863(h)) is amended by redesignating paragraph 
(2) as paragraph (3), and inserting after paragraph (1) 
the following new paragraph: 
‘‘(2) Each miner who is working alone for part of 
a shift shall be equipped with a multi-gas detector that 
measures current levels of methane, oxygen, and carbon 
monoxide.’’. 
(h) LIGHTNING STUDY BY NATIONAL ACADEMY OF 
SCIENCES.—Not later than 1 year after the date of enact-
ment of this Act, the National Academy of Sciences shall 
submit to the Secretary and to Congress recommendations 
on— 
(1) actions that need to be taken to strengthen 
existing requirements in law or regulations to ensure 
that miners are protected, to the fullest extent per-
mitted, from the risks of lightning strikes near a 
mine; 
(2) recommendations for adopting any existing 
technology to the mining environment to minimize 
any such risks; and 
(3) research needed for improved technology. 
(i) ROOF AND RIB SUPPORT, BARRIER REDUCTION 
AND PILLAR EXTRACTION, SPECIAL ATTENTION TO DEEP 
MINING.— 
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(1) AMENDMENTS TO EXISTING LAW.—Section 
302 is amended— 
(A) by amending the section heading to 
read ‘‘ROOF AND RIB SUPPORT, BARRIER RE-
DUCTION
AND
PILLAR
EXTRACTION, SPECIAL 
ATTENTION TO DEEP MINING’’; 
(B) in subsection (a), by inserting after 
the second sentence the following: ‘‘The Sec-
retary shall by regulation ensure the appro-
priate use of roof screen in belt entries, 
travelroads, and designated intake and return 
escapeways in accordance with the requirements 
of subsection (g).’’; and 
(C) by inserting at the end the following: 
‘‘(g) Where screening is required, at least forty per-
cent of the width of the exposed roof shall be screened. 
Screening to meet the requirements of this section must 
have a load bearing capacity at least equivalent to a load 
of 2.5 tones between bolts on a 4 foot pattern. 
‘‘(h)(1) An operator shall be required to have a cur-
rent and approved barrier reduction or pillar extraction 
plan, or both, before performing such activities. The Sec-
retary shall only approve a barrier reduction or pillar ex-
traction plan if it provides adequate protection and mini-
mizes the risks for miners engaged in the activity, reflect-
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ing appropriate engineering analysis, computer simula-
tions, and consultations with technical experts in the agen-
cy, in the National Institute for Occupational Safety and 
Health, and in the Bureau of Land Management for any 
mines leasing Federal coal resources, and only if the plan 
complies with any specific requirements that may be 
adopted by the Secretary for barrier reduction or pillar 
extraction activities including requirements related to the 
depth of the mine, geology of the mine, mine height and 
methods, and emergency response capabilities. 
‘‘(2) A copy of a proposed barrier reduction or pillar 
extraction plan, or both, shall be provided to the author-
ized representative of miners at least 10 days prior to sub-
mission to the Secretary for approval. The authorized rep-
resentative of miners may provide comments to the Sec-
retary who shall respond thereto. 
‘‘(3) The Secretary shall establish a special internal 
review process for operator plans to protect miners from 
the risks addressed by this section when working at depths 
of more than 1500 feet and in other mines with a history 
of mountain bumps. 
‘‘(i) Not later than 1 week before the commencement 
of any barrier reduction or pillar extraction operations, the 
mine operator shall notify the appropriate representative 
of the Secretary of his intention to begin or resume barrier 
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reduction or pillar extraction. The Secretary shall docu-
ment such notification in writing, and shall, before barrier 
reduction or pillar extraction operations begin, take action 
to ensure that every person who will be participating in 
such operations is trained in the operator’s barrier reduc-
tion and/or and pillar extraction plan. The Secretary shall 
observe the barrier reduction or pillar extraction oper-
ations for a sufficient period of time to ensure that the 
mine operator is fully complying with the barrier reduction 
or pillar extraction plan. The Secretary may preclude the 
commencement of such operations or halt such operations 
at any time the safety of miners comes into question.’’. 
(2) STUDY.—Not later than 1 year after the 
date of enactment of this Act, the National Academy 
of Sciences shall, in consultation with the National 
Institute for Occupational Safety and Health, sub-
mit to the Secretary and to Congress recommenda-
tions for— 
(A) actions that need to be taken to 
strengthen existing requirements in law or reg-
ulations to ensure that miners are protected, to 
the fullest extent permitted, from ground con-
trol hazards, including the special hazards asso-
ciated with barrier reduction and pillar extrac-
tion; 
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(B) adopting any existing technology to the 
mining environment to improve miner protec-
tions during barrier reduction and pillar extrac-
tion, and on research needed for improved tech-
nology to improve miner protections during 
such operations; 
(C) adopting any existing technology to the 
mining environment to improve miner protec-
tions during mining at depths below 1000 feet, 
and on research needed for improved technology 
to improve miner protections during such oper-
ations; and 
(D) adopting any existing technology to 
the mining environment to improve miner pro-
tections during secondary mining of coal re-
sources, and on research needed for improved 
technology to improve miner protections during 
such operations. 
(j) SCSR INSPECTION PROGRAM.— 
(1) IN GENERAL.—The Secretary shall— 
(A) establish a program to randomly re-
move and have tested by the National Institute 
for Occupational Safety and Health field sam-
ples of each model of self-rescue device used in 
an underground coal mine in order to ensure 
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that the self-rescue devices in coal mine inven-
tories are working in accordance with the ap-
proval criteria for such devices; 
(B) require a manufacturer of a self-rescue 
device and the mine operator who owns a device 
to contact the Secretary immediately upon noti-
fication of any potential problem with any such 
device, and provide a copy of such notice to the 
representative of miners at the affected oper-
ation; and 
(C) notify immediately all operators of un-
derground coal mines if the Secretary detects or 
is advised of any problems with the self-rescue 
devices. 
(2) DETERMINATION.—For the purposes of 
paragraph (1)(A), the National Institute for Occupa-
tional Safety and Health shall determine the number 
of field samples of each device to be removed for 
testing, and the mines from which the samples are 
to be drawn to ensure a random sample is obtained, 
and shall provide mine operators with self-rescue de-
vices to replace any removed for random testing. 
Should this testing reveal a potential problem with 
a device that requires additional testing, the Sec-
retary shall remove such additional samples from 
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such mines as may be requested by the National In-
stitute for Occupational Safety and Health, and it 
shall be the obligation of mine operators to provide 
self-rescue devices to promptly replace any removed 
as a result of such additional testing. 
(k) APPLICATION TO UNDERGROUND METAL AND 
NONMETAL MINES.—Title II is amended by adding at the 
end the following new section: 
‘‘SEC. 207. APPLICATION TO UNDERGROUND METAL AND 
NONMETAL MINES. 
‘‘(a) CONVEYOR BELTS.—The requirements of sec-
tion 311(h) concerning conveyor belts in underground coal 
mines, including the exceptions and limitations in connec-
tion therewith, shall also apply to conveyor belts in under-
ground metal and nonmetal mines. 
‘‘(b) SEALS.—The regulations to be issued pursuant 
to section 303(z)(2) concerning the approval, design, con-
struction, inspection, maintenance and monitoring of un-
derground coal mine seals shall make the same rules appli-
cable to seals in underground metal and nonmetal mines 
which have been classified by the Secretary as a category 
I, III, or V mine pursuant to section 57.22003 of title 
30, Code of Federal Regulations, because they naturally 
emit defined quantities of methane. 
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‘‘(c) ADVISORY COMMITTEE.—Promptly after the 
date of enactment of the S–MINER Act The Secretary 
shall establish an advisory committee to provide rec-
ommendations as to the need to revise the regulations ap-
plicable to underground metal and nonmetal mines to en-
sure that miners in such mines are as protected in emer-
gency situations as will be underground coal miners fol-
lowing the full implementation of the MINER Act, the 
provisions of the S–MINER Act, and related actions by 
the Secretary. The advisory committee shall be established 
pursuant to the Advisory Committee Act, and shall pro-
vide recommendations to the Secretary and to Congress 
not later than 21 months after the date of enactment of 
this Act, including recommendations as to any action by 
Congress that could facilitate the goal of providing equiva-
lent protections to miners in underground metal and 
nonmetal mines.’’. 
(l) APPROVAL CENTER PRIORITIES.—The Secretary 
shall expedite the process for approving any— 
(1) self-rescue device that permits the replen-
ishment of oxygen without requiring the device user 
to remove the device; and 
(2) underground communication device that 
provides for communication between underground 
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and surface personnel via a wireless two-way me-
dium. 
(m) TECHNOLOGY AND MINE EMERGENCY HEALTH 
AND SAFETY RESEARCH PRIORITIES.—In implementing 
its research activities in the 5-year period beginning on 
the date of enactment of this Act, the National Institute 
for Occupational Safety and Health shall give due consid-
eration to new technologies, and existing technologies that 
could be adapted for use in underground coal or other 
mines, that could facilitate the survival of miners in a min-
ing emergency. Such technologies include— 
(1) self-contained self-rescue devices capable of 
delivering enhanced performance; 
(2) improved battery capacity and common con-
nection specifications to enable emergency commu-
nication devices for miners to be run from the same 
portable power source as a headlamp, continuous 
dust monitor, or other device carried by a miner; 
(3) improved technology for assisting mine res-
cue teams, including devices to enhance vision dur-
ing rescue or recovery operations; 
(4) improved technology, and improved proto-
cols for the use of existing technologies, to enable 
conditions underground to be assessed promptly and 
continuously in emergencies, so as to facilitate the 
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determination by appropriate officials of the instruc-
tions to provide both to miners trapped underground 
and to mine rescue teams and others engaged in res-
cue efforts; 
(5) improvements to underground mine ventila-
tion controls separating mine entries to be more re-
sistant to mine fires and explosions, particularly in 
those entries used for miner escapeways; 
(6) mine-wide monitoring systems and strate-
gies that can monitor mine gases, oxygen, air flows, 
and air quantities at strategic locations throughout 
the mine that would be functional during normal 
mining operations and following mine fires, explo-
sions, roof falls, and mine bursts, including systems 
utilizing monitoring sensors that transfer data to the 
mine surface and the installation of tubing to draw 
mine gas samples that are distributed throughout 
the mine and can quickly deliver samples to the 
mine surface; and 
(7) protective strategies for the placement of 
equipment, cables, and devices that are to be utilized 
during mine emergencies such as communication 
systems, oxygen supplies, and mine atmosphere 
monitoring systems, to protect them from mine fires, 
roof falls, explosions, and other damage. 
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SEC. 5. SUPPLEMENTING ENFORCEMENT AUTHORITY. 
(a) AUTHORITY
OF INSPECTORS.—Section 103(a) 
(30 U.S.C. 813(a)) is amended by adding at the end the 
following: ‘‘No person shall limit or otherwise prevent the 
Secretary from entry on a coal or other mine, or interfere 
with the Secretary’s inspection activities, investigative ac-
tivities, or rescue or recovery activities.’’. 
(b) TRANSITION TO A NEW GENERATION OF INSPEC-
TORS.—Section 505 (30 U.S.C. 954) is amended— 
(1) by striking ‘‘The Secretary’’ the first place 
it appears and inserting ‘‘(a) The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(b) Within 270 days of the enactment of the S– 
MINER Act, the Secretary shall establish a Master In-
spector program to ensure that the most experienced and 
skilled employees in the Nation have the incentive, in 
terms of responsibilities and pay, to serve as mine safety 
and health inspectors in this Nation’s mines. 
‘‘(c) In order to ensure that the Secretary has ade-
quate time to provide that a sufficient number of qualified 
and properly trained inspectors of the Mine Safety and 
Health Administration are in place before any inspectors 
employed as of the date of enactment of the S–MINER 
Act retire, any ceilings on the number of personnel that 
may be employed by the Administration with respect to 
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mine inspectors are abolished for the 5-year period begin-
ning on the date of enactment of such Act. 
‘‘(d) In the event that, notwithstanding the actions 
taken by the Secretary to hire and train qualified inspec-
tors, the Secretary is temporarily unable, at any time dur-
ing the 5-year period beginning on the date of enactment 
of the S–MINER Act, to employ the number of inspectors 
required to staff all district offices devoted to coal mines 
at the offices’ highest historical levels without transferring 
personnel from supervisory or plan review activities or di-
minishing current inspection resources devoted to other 
types of mines, the Administration is authorized to hire 
retired inspectors on a contractual basis to conduct mine 
inspections, and the retirement benefits of such retired in-
spectors shall not be reduced as a result of such temporary 
contractual employment. 
‘‘(e) During the 5-year period beginning on the date 
of enactment of the S–MINER Act, the Secretary shall 
issue a special report to the appropriate committees of 
Congress each year, or at such more frequent intervals 
as the Secretary or any such committee may consider ap-
propriate, providing information about the actions being 
taken under this section, the size and training of the in-
spector workforce at the Mine Safety and Health Adminis-
tration, the level of enforcement activities, and the number 
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of requests by individual operators of mines for compliance 
assistance.’’. 
(c) OFFICE
OF MINER OMBUDSMAN.—Title V is 
amended by adding at the end the following: 
‘‘SEC. 516. OFFICE OF MINER OMBUDSMAN. 
‘‘(a) ESTABLISHMENT
OF MINER OMBUDSMAN.— 
There shall be established, within the Office of the Inspec-
tor General of the Department of Labor, the position of 
Miner Ombudsman. The President, by and with the advice 
and consent of the Senate, shall appoint an individual with 
expertise in mine safety and health to serve as the Miner 
Ombudsman. The Ombudsman shall have authority to 
hire such personnel as are required to administer his du-
ties in accordance with applicable law, provided they meet 
any general requirements for employment within the Of-
fice of the Inspector General. 
‘‘(b) DUTIES.—The Miner Ombudsman shall— 
‘‘(1) recommend to the Secretary appropriate 
practices to ensure the confidentiality of the identity 
of miners, and the families or personal representa-
tives of the miners, who contact mine operators, au-
thorized representatives of the miners, the Mine 
Safety and Health Administration, the Department 
of Labor, or others with information about mine ac-
cidents, incidents, injuries, illnesses, possible viola-
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tions of mandatory health or safety standard viola-
tions or plans or other mine safety and health con-
cerns; 
‘‘(2) establish a toll-free telephone number and 
appropriate Internet website to permit individuals to 
confidentially report mine accidents, incidents, inju-
ries, illnesses, possible violations of mandatory 
health or safety standard violations or plans or other 
mine safety and health concerns, and provide plastic 
wallet cards, refrigerator magnets, or similar devices 
to all mine operators, which mine operators shall 
distribute to all current and new miners, with con-
tact information for such confidential reports, and 
also provide supplies of these devices to miner com-
munities; 
‘‘(3) collect and forward information concerning 
accidents, incidents, injuries, illnesses, possible viola-
tions of mandatory health or safety standard viola-
tions or plans or other mine safety and health con-
cerns to the appropriate officials of the Mine Safety 
and Health Administration for investigation, or to 
appropriate officials within the Office of Inspector 
General for investigation or audit, or both, while es-
tablishing practices to protect the confidentiality of 
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the identify of those who provide such information to 
the Ombudsman; and 
‘‘(4) monitor the Secretary of Labor’s efforts to 
promptly act upon complaints filed by miners under 
section 105(c) of the Act or pursuant to other pro-
grams administered by the Department to protect 
whistleblowers, and report to Congress any rec-
ommendations that would enhance such rights or 
protections. 
‘‘(c) AUTHORITY.—All complaints of operator viola-
tions of any section of this Act or regulations prescribed 
under this Act that are reported to the Secretary shall 
be forwarded to the Ombudsman for logging and appro-
priate action, except that this requirement shall be imple-
mented in such a way as to avoid interference in any way 
with the ability of the Assistant Secretary for Mine Safety 
and Health to take prompt actions that may be required 
in such situations. This shall include complaints submitted 
in writing, via any phone system, or orally, along with all 
relevant information available regarding the complainant. 
All such information shall be retained in a confidential 
manner pursuant to the Privacy Act of 1974. The Om-
budsman shall use such information to monitor the actions 
taken to ensure that miners’ complaints are addressed in 
a timely manner and in compliance with the appropriate 
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statutes and regulations. The Ombudsman shall refer to 
appropriate personnel within the Office of the Inspector 
General for further review any case which he determines 
was not handled in such fashion. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are hereby authorized to be appropriated to the Ombuds-
man such sums as may be required for the implementation 
of his duties out of the sums otherwise made available to 
the Mine Safety and Health Administration for its activi-
ties.’’. 
(d) PATTERN OF VIOLATIONS.— 
(1) PROMPT IDENTIFICATION OF PATTERN.— 
Not later than 3 months after the date of enactment 
of this Act, the Secretary shall revise the regulations 
issued by the Secretary under section 104(e) of the 
Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 814(e)) as in effect on the day before such 
date of enactment, so that the regulations provide 
that— 
(A) when a potential pattern of violations 
is identified by any inspector or district man-
ager of the Mine Safety and Health Adminis-
tration, the operator of the coal or other mine 
and the authorized representative of miners for 
the mine shall be notified by the inspector or 
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district manager not later than 10 days after 
such identification; and 
(B) after receiving the notification de-
scribed in subparagraph (A), the appropriate 
official of the Mine Safety and Health Adminis-
tration shall promptly review any such potential 
pattern of violations and, not later than 45 
days after receiving such notification, make a 
final decision as to whether a citation for a vio-
lation of section 104(e) of such Act should be 
issued in light of the gravity of the violations 
and the operator’s conduct in connection there-
with. 
(2) IDENTIFICATION
OF
PATTERN.—Section 
104(e)(1) (30 U.S.C. 814(e)(1)) is amended by in-
serting after the first sentence the following: ‘‘In de-
termining whether a pattern of violations exists, the 
Secretary shall give due consideration to all relevant 
information, such as the gravity of the violations, 
operator negligence, history of violations, the num-
ber of inspection shifts the Secretary or her agents 
have spent at the operation, and the frequency of 
violations per number of inspection days spent at the 
operation.’’. 
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(3) 
TERMINATION
OF
PATTERN.—Section 
104(e)(3) (30 U.S.C. 814(e)(3)) is amended by add-
ing at the end the following: ‘‘In addition, if an op-
erator subject to paragraphs (1) and (2) dem-
onstrates objective evidence that they are correcting 
the problems that gave rise to the pattern of viola-
tions, and the violation frequency rate for such oper-
ator declines significantly for a period of 180 days, 
the withdrawal order provisions of paragraphs (1) 
and (2) shall no longer apply.’’. 
(4) FINE FOR A PATTERN OF VIOLATIONS.— 
Section 110 (30 U.S.C. 820) is amended— 
(A) 
by 
redesignating 
subsections 
(i) 
through (l) as subsections (j) through (m), re-
spectively; and 
(B) by inserting after subsection (h) the 
following: 
‘‘(i)(1) If the Secretary determines that a pattern of 
violations under section 104(e) exists, the Secretary shall 
assess a penalty, in addition to any other penalty author-
ized in this Act for a violation of such section, of not less 
than $50,000 nor more than $250,000. All operators of 
the mine, including any corporate owners, shall be jointly 
and severally liable for such penalty. The amount of the 
assessment under this paragraph shall be designed to en-
VerDate Aug 31 2005 
03:52 Jan 23, 2008
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wwoods2 on PRODPC68 with BILLS