HR 2768 RH1S 
ation of such repository with the Secretary of the In-
terior provided the other requirements of this para-
graph are observed. In addition, the Secretary shall 
include in this repository copies of the most currently 
available mine emergency response plan, roof plans, 
ventilation plans, and such other plans required for 
any type of mine, following any required approval, so 
that they may be immediately accessed in an emer-
gency, in a manner consistent with the requirements 
of section 312(b) of the Act. 
(d) REQUIRED NOTIFICATION OF EMERGENCIES AND 
SERIOUS INCIDENTS.—Section 103(j) (30 U.S.C. 813(j)) is 
amended— 
(1) in the first sentence, by inserting ‘‘or report-
able event’’ after ‘‘accident’’; 
(2) in the second sentence— 
(A) by inserting ‘‘of accidents’’ after ‘‘the 
notification’’; and 
(B) by inserting ‘‘, or in the case of a re-
portable event that is not required to be reported 
as an accident, within 1 hour of the time at 
which the operator realizes that the event has oc-
curred’’ before the period; and 
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(3) by inserting at the end the following: ‘‘For 
the purposes of this subsection, a reportable event 
shall include— 
‘‘(1) a fire not required to be reported more 
promptly; 
‘‘(2) a sudden change in mine atmospheric con-
ditions in a sealed area; 
‘‘(3) a coal or rock outburst that causes the with-
drawal of miners; or 
‘‘(4) any other event, as determined in regula-
tions promulgated by the Secretary, that needs to be 
reported within 1 hour in order for the Secretary to 
determine if the working conditions in the mine are 
safe.’’. 
(e) ENHANCING THE CAPABILITIES OF MINE RESCUE 
TEAMS.— 
(1) 
AMENDMENT
TO
FMSHA.—Section 
115(e)(2)(B) (30 U.S.C. 825(e)(2)(B)) is amended by 
adding at the end the following: 
‘‘(v) The provision of uniform credentials to mine res-
cue team members, support personnel, or vehicles for imme-
diate access to any mine site. 
‘‘(vi) The plans required at each mine to ensure coordi-
nation with local emergency response personnel and to en-
sure that such personnel receive adequate training to offer 
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necessary assistance to mine rescue teams in the event such 
assistance is requested. Such local emergency response per-
sonnel shall not perform the duties of any mine rescue team. 
‘‘(vii) Requirements to ensure that operators are pre-
pared to facilitate the work of mine rescue teams during 
an emergency by— 
‘‘(I) storing necessary equipment not brought on 
site by mine rescue teams in locations readily acces-
sible to mine rescue teams; 
‘‘(II) providing mine rescue teams with a park-
ing and staging area adequate for their needs; 
‘‘(III) identifying a space appropriate for co-
ordinating emergency communications with the mine 
rescue team; and 
‘‘(IV) identifying and maintaining separate 
spaces for family members, community members, and 
press to assemble during an emergency so as to facili-
tate communications with these groups while ensuring 
the efforts of the mine rescue teams are not hin-
dered.’’. 
(2) RESEARCH.—Section 22(h)(5)(A) of the Oc-
cupational Safety and Health Act of 1970 (29 U.S.C. 
671(h)(5)(A)) is amended by adding before the period 
at the end thereof: ‘‘including advanced drilling tech-
nologies, and any special technologies required for 
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HR 2768 RH1S 
safety or rescue in mining more than 1,500 feet in 
depth’’. 
(f) Title I of the Act is amended by adding at the end 
thereof a new section: 
‘‘SEC. 117. EMERGENCY PREPAREDNESS PLAN. 
‘‘Not later than 6 months of the enactment of the S– 
MINER Act, the Secretary shall establish and disseminate 
guidelines for rescue operations that will: (1) establish clear 
lines of authority within the agency for such operations; 
(2) establish clear lines of demarcation so private sector and 
State responders can properly implement their responsibil-
ities; (3) be appropriate for rescue in various types of condi-
tions reasonably likely to be encountered in the United 
States, including such factors as the depth of the mining, 
ground stability, ground slope, remoteness from major 
roads, surface ownership and access problems, and the 
availability of necessary communications linkages. The Sec-
retary shall consult with States, rescue teams and other re-
sponders in developing such guidelines, and shall update 
them from time to time based upon experience.’’. 
(g) AUTHORITY OF SECRETARY DURING RESCUE OP-
ERATIONS.—Section 103 (30 U.S.C. 813) is further amend-
ed— 
(1) in subsection (j), by adding at the end there-
of: 
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‘‘If the representative of the Secretary supervises and directs 
the rescue and recovery activities in such mine, the operator 
shall comply with the requests of the authorized representa-
tive of the Secretary to facilitate rescue and recovery activi-
ties including the provision of all equipment, personnel, 
and other resources required to perform such activities in 
accordance with the schedule and requirements established 
by the representative of the Secretary for this purpose, and 
failure of the operator to comply in this regard shall be 
considered an egregious violation of this Act.’’; and 
(2) in subsection (k), by striking ‘‘, when 
present,’’. 
(h) RESCUE COMMUNICATIONS.— 
(1) REPEAL.—The MINER Act (30 U.S.C. 801 
note) is amended by striking section 7, redesignating 
sections 8 and 9 as sections 7 and 8, and sections 11 
through 14 as sections 9 through 12, respectively. 
(2) AMENDMENT TO FMSHA.—Title I of the Act 
is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 118. FAMILY LIAISONS REQUIREMENT. 
‘‘The Secretary shall— 
‘‘(1) designate a full-time permanent employee of 
the Mine Safety and Health Administration to serve 
as a Family Liaison, who shall, at least in instances 
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where multiple miners are trapped, severely injured 
or killed, act as the primary communication with the 
families of the miners concerning all aspects of the 
rescue operations, including the location or condition 
of miners, and assist the families in getting answers 
to their questions, and otherwise serve as a liaison to 
the families, and provide for the temporary reassign-
ment of other personnel who may be required to assist 
the Family Liaison in connection with a particular 
incident; 
‘‘(2) require the Mine Safety and Health Admin-
istration to be as responsive as possible to requests 
from the families of such miners for information re-
lating to the mine accident, and waive any fees re-
quired for the production of documents pursuant to 5 
U.S.C. 552(a)(3) in connection with a request from a 
family member, or authorized representative of min-
ers, for documents relating to a mine fatality, not-
withstanding any conditions for fee waivers law that 
may otherwise be imposed by law; and 
‘‘(3) designate a highly qualified representative 
of the Secretary with experience in public commu-
nications to be present at mine accident sites where 
rescues are in progress during the entire duration of 
such rescues, to serve as the primary communicator 
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with the press and the public concerning all aspects 
of the rescue operations, including the location or con-
dition of miners.’’. 
(3) CONFORMING
AMENDMENTS.—The Act is 
amended— 
(A) in section 103(f), by inserting before the 
period at the end of the first sentence the fol-
lowing: ‘‘, and to participate in any accident in-
vestigation pursuant to the requirements of this 
Act. Any family member of a miner trapped or 
otherwise unable to execute a designation of a 
miner representative on his or her own behalf 
may do so on behalf of the miner for any and 
all purposes’’; and 
(B) in section 316(b)(2)(E)(vi) (as added by 
this Act), by adding at the end the following 
‘‘The plan shall also set forth the operator’s 
plans for assisting the Secretary in the imple-
mentation of section 118.’’. 
(i) RECOVERY.—Section 103 is amended by adding at 
the end thereof— 
‘‘(l) Rescue efforts for trapped miners shall not cease 
as long as there is any possibility that miners are alive, 
unless such efforts pose a serious danger to rescue or other 
workers, and the decision to cease a rescue shall be made 
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HR 2768 RH1S 
by the Secretary‘s representative. Thereafter, efforts to re-
cover the remains of miners shall continue unless such ef-
forts pose a serious danger to recovery workers, and the de-
cision to cease such recovery efforts shall be made by the 
Secretary’s representative.’’. 
(j) ACCIDENT AND INCIDENT INVESTIGATIONS.—Sec-
tion 103(b) (30 U.S.C. 813(b), as amended by section 
5(k)(2) of this Act, is further amended— 
(1) by striking ‘‘For the purpose’’ and inserting 
the following: 
‘‘(3) For the purpose’’; 
(2) by inserting after the subsection designation 
the following: 
‘‘(1) For all accident and incident investigations 
under this Act, the Secretary shall determine why the acci-
dent or incident occurred; determine whether civil or crimi-
nal requirements were violated and, if so, issue citations 
and penalties, and make recommendations to avoid any re-
currence. The Secretary shall also determine whether the 
conduct or lack thereof by Agency personnel contributed to 
the accident or incident. 
‘‘(2)(A) For any accidents or incidents involving mul-
tiple serious injuries or deaths, or multiple entrapments, 
there shall also be an independent investigation to consider 
why the accident or incident occurred, make recommenda-
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HR 2768 RH1S 
tions to avoid a recurrence, and determine whether the con-
duct or lack thereof by agency personnel contributed to the 
accident or incident. 
‘‘(B) Not later than 30 days after the date of enactment 
of the S–MINER Act, the Secretary shall initiate rule-
making activity to establish rules on the procedures that 
will be used to investigate accidents and incidents involving 
multiple serious injuries or deaths, or multiple entrap-
ments, and shall directly contact and solicit the participa-
tion of 
‘‘(i) individuals identified by the Secretary as 
family members of miners who perished in mining 
accidents of any type during the preceding 10-year 
period; 
‘‘(ii) organizations representing miners; 
‘‘(iii) mine rescue teams; 
‘‘(iv) Federal, State, and local investigation and 
prosecutorial authorities; and 
‘‘(v) others whom the Secretary determines may 
have information relevant to this rulemaking. 
Such rulemaking shall be completed by October 1, 2008. 
‘‘(C) The rules for the investigation of accidents or in-
cidents involving multiple serious injuries or deaths, or 
multiple entrapments, shall provide for the appointment 
and operations of any such independent investigation team 
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in accordance with the requirements of this paragraph. An 
independent investigation team shall be appointed by the 
Director of the National Institute for Occupational Safety 
and Health as soon as possible after a qualifying accident 
or incident. The members shall consist of: 
‘‘(i) a representative from the National Institute 
for Occupational Safety and Health who shall serve 
as the Chairman; 
‘‘(ii) a representative of mine operators with fa-
miliarity with the type of mining involved; 
‘‘(iii) a representative of mine workers with fa-
miliarity with the type of mining involved, who shall 
be the workers’ certified bargaining representative at 
the mine or, if there is no certified representative at 
the mine, then a workers’ representative jointly se-
lected by organized labor organizations: 
‘‘(iv) an academic with expertise in mining; and 
‘‘(v) a representative of the State in which the 
accident or incident occurred to be selected by the 
Governor. 
‘‘(D) Such rules shall include procedures to ensure that 
the Secretary will be able to cooperate fully with the inde-
pendent investigation team and will use the powers of the 
Secretary under this section to help obtain information and 
witnesses required by the independent investigation team, 
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procedures to ensure witnesses are not coerced and to avoid 
conflicts of interest in witness representation, procedures to 
ensure confidentiality if requested by any witness, and pro-
cedures to enable the independent investigation team to con-
duct such public hearings as it deems appropriate. Such 
rules shall also require that upon completion of any acci-
dent or incident investigation of accidents or incidents in-
volving multiple serious injuries or deaths, or multiple en-
trapments, the independent investigation team shall— 
‘‘(i) issue findings as to the actions or inactions 
which resulted in the accident or incident; 
‘‘(ii) make recommendations as to policy, regu-
latory, enforcement or other changes, including statu-
tory changes, which in the judgment of the inde-
pendent investigation team would best prevent a re-
currence of such actions or inactions at other mines; 
and 
‘‘(iii) promptly make all such findings and rec-
ommendations public (except findings and rec-
ommendations that must be temporarily withheld in 
connection with a criminal referral), including ap-
propriate public hearings to inform the mining com-
munity of their respective findings and recommenda-
tions. 
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‘‘(E) As part of the Secretary’s annual report to Con-
gress pursuant to section 511(a), the Secretary shall report 
on implementation of recommendations issued by any inde-
pendent investigation teams in the preceding 5 years.’’; and 
(3) by adding at the end the following: 
‘‘(4) Nothing in this Act shall be construed to limit 
the authority of the Chemical Safety and Hazard Investiga-
tion Board to conduct an independent investigation of the 
accident or incident or the events or factors resulting there-
in, nor with the authority of the Office of the Inspector Gen-
eral to conduct an investigation of the conduct of DOL per-
sonnel in connection with an accident or incident or the 
events or factors resulting therein, and the Secretary shall 
cooperate in full with any such investigation. Such inves-
tigation shall be in addition to any investigation author-
ized by section 103(b).’’. 
SEC. 7. RESPIRABLE DUST STANDARDS. 
(a) RESPIRABLE DUST; RESPIRABLE SILICA DUST.— 
Section 202 (30 U.S.C. 842) is amended to read as follows: 
‘‘SEC. 202. DUST STANDARD AND RESPIRATORY EQUIP-
MENT. 
‘‘(a)(1) Effective on the date of enactment of the S– 
MINER Act, each coal mine operator shall continuously 
maintain the concentration of respirable dust in the mine 
atmosphere during each shift to which each miner in the 
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active workings of such mine is exposed at or below a time- 
weighted average of 1.00 milligrams of respirable dust per 
cubic meter of air averaged over 10 hours or its dose-equiva-
lent for shorter or longer period of time. For purposes of 
this paragraph, ‘a dose-equivalent’ means the amount of 
dust that a miner would inhale during his work shift as 
if he were working for 10 hours, and the term ‘shift’ means 
portal-to-portal for underground coal mines and ‘bank to 
bank’ for other coal mines. 
‘‘(2) At regular intervals to be prescribed by the Sec-
retary and the Secretary of Health and Human Services, 
the Secretary will take accurate samples of the amount of 
respirable dust in the coal mine atmosphere to which each 
miner in the active workings of such mine is exposed in 
order to determine compliance with the requirements of 
paragraph (a)(1) of this section. In addition, the Secretary 
shall cause to be made such frequent spot inspections as he 
deems appropriate of the active workings of coal mines for 
the purpose of obtaining compliance with the provisions of 
this title. All samples by the Secretary shall be taken by 
a personal dust monitor that measures, records and dis-
plays in real time the concentration of respirable dust to 
which the miner wearing the device is exposed, and shall 
include the sampling of areas, occupations or persons. For 
the purposes of determining compliance with the exposure 
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limit for respirable dust, only a single sample shall be re-
quired to determine non-compliance, and there shall be no 
adjustment for measurement error in the measured level of 
respirable dust. 
‘‘(3) At intervals established by the Secretary, each op-
erator of a coal mine shall take accurate samples of the 
amount of respirable dust in the mine atmosphere to which 
each miner in the active workings of such mine is exposed 
to identify sources of exposure so that the operator can take 
corrective action and assure that the exposure of each mine 
is below the exposure limit. Under the provisions of this 
Act, all such samples shall be taken by a personal dust mon-
itor that measures, records and displays the concentration 
of respirable dust to which the miner wearing the device 
is exposed, and may include samples of less than a full shift. 
The results of such sampling shall be transmitted to the Sec-
retary in a manner established by him, and recorded by 
him in a manner that will assure application of the provi-
sions of this section of the Act. 
‘‘(4) Each miner shall be equipped with a personal 
dust monitor that measures, records and displays in real 
time the concentration of respirable dust to which the miner 
wearing the device is exposed. Each miner shall be per-
mitted to adjust his work activities whenever necessary to 
keep his exposure to respirable coal dust, as measured, re-
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corded and displayed by such device, at all times at or 
below the permitted concentration. 
‘‘(b) Effective on the date of enactment of the S– 
MINER Act, each operator of a coal or other mine shall 
continuously maintain the concentration of respirable silica 
dust in the mine atmosphere during each shift to which each 
miner in the active workings of such mine is exposed at 
or below a time-weighted average of 0.05 milligrams of res-
pirable silica dust per cubic meter of air averaged over ten 
hours or its dose-equivalent for shorter or longer period of 
time. For the purposes of this paragraph, compliance shall 
be determined by the sampling of areas, occupations or per-
sons, only a single sample shall be required to determine 
non-compliance, and there shall be no adjustment for meas-
urement error in the measured level of respirable silica dust. 
For the purposes of this paragraph, a ‘dose-equivalent’ 
means the amount of dust that a miner would inhale during 
his work shift as if he were working for 10 hours, and the 
term ‘shift’ means portal-to-portal for underground mines 
and ‘bank to bank’ for other mines. 
‘‘(c) Respiratory equipment approved by the Secretary 
and the Secretary of Health and Human Services shall be 
made available to all persons whenever exposed to con-
centrations of respirable dust or silica in excess of the levels 
required to be maintained under this section. Use of res-
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pirators shall not be substituted for environmental control 
measures in the active workings. Each operator shall main-
tain a supply of respiratory equipment adequate to deal 
with occurrences of concentrations of respirable dust and 
silica in the mine atmosphere in excess of the levels required 
to be maintained under this section. 
‘‘(d) Each operator shall report and certify to the Sec-
retary at such intervals as the Secretary may require as 
to the conditions in the active workings of a coal mine, in-
cluding, the average number of working hours worked dur-
ing each shift, the quantity and velocity of air regularly 
reaching the working faces, the method of mining, the 
amount and pressure of the water, if any, reaching the 
working faces, and the number, location, and type of sprays, 
if any, used.’’. 
(b) CONFORMING
AMENDMENT.—Section 205 (30 
U.S.C. 845) is repealed. 
(c) ASSESSMENT ON PROGRAM OPERATIONS OF CUMU-
LATIVE IMPACT
OF EXTERNAL REQUIREMENTS ADDED 
SINCE 1977.—The Secretary shall request the National 
Academy of Sciences to conduct a study of the impact on 
the mine safety and health responsibilities of the Depart-
ment of Labor of various statutes, executive orders, and 
memoranda applicable to the issuance of rulemaking and 
guidance and to enforcement. The study shall include an 
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