H. Amdt. 922 - Amendment in the Nature of a Substitute Sought to Promote the Continued Implementation of the 2006 MINER Act; Increase Worker Safety by Providing Miners the Opportunity to Have a Voice in Mine Safety; Expand Substance Abuse Programs to All Mines to Ensure Safe Working Conditions for All Miners; and Address Issues Raised by the Recent Crandall Canyon Disaster.

S-MINER Act

H.R. 2768 — 110^th Congress (2007–2008)

Keywords

Mine Safety

Summary

Amends the Federal Mine Safety and Health Act of 1977 (Mine Act) to require: (1) emergency response plans to incorporate new technology; (2) the Secretary of Labor to require the installation of rescue chambers in underground coal mines; and (3) accident response plans to provide for the maintenance of refuges. (by CRS)

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Title

To establish improved mandatory standards to protect miners during emergencies, and for other purposes.

Other Titles

• S-MINER Act
• Supplemental Mine Improvement and New Emergency Response Act of 2007
• S-MINER Act
• Supplemental Mine Improvement and New Emergency Response Act of 2007
• S-MINER Act
• Supplemental Mine Improvement and New Emergency Response Act of 2007

Sponsor

George Miller

Co-Sponsors

• Timothy Bishop
• Zachary Space
• Dennis Kucinich
• Raúl Grijalva
• Yvette Clarke
• William Delahunt
• Michael Arcuri
• Rush Holt
• Linda Sánchez
• Donald Payne
• Nick Rahall
• Ben Chandler
• Neil Abercrombie
• Rosa DeLauro
• John Yarmuth
• Lynn Woolsey
• Phil Hare
• Jim Matheson
• Alan Mollohan
• Betty Sutton
• John Sarbanes
• John Murtha
• Carol Shea-Porter
• Howard Berman

Subjects

• Labor
• Administrative procedure
• Air pollution
• Ambulances
• Coal
• Communications
• Department of Labor
• Emergency communication systems
• Emergency management
• Employers' liability
• Environmental monitoring
• Environmental protection
• Equipment and supplies
• Evidence (Law)
• Executive departments
• Executive reorganization
• Federal advisory bodies
• Fines (Penalties)
• Fire prevention
• Government information
• Government paperwork
• Governmental investigations
• Indoor air pollution
• Inspectors general
• Job training
• Law
• Licenses
• Lightning
• Medical care
• Medicine
• Mine safety
• Miners
• Occupational health and safety
• Ombudsman
• Paramedical personnel
• Politics and government
• Rescue work
• Safety appliances
• Safety measures
• Standards
• Technological innovations
• Technology
• Telecommunication

Related Bills

• H.Res. 918 (110^th) : Providing for Consideration of the Bill (H.R. 2768) to Establish Improved Mandatory Standards to Protect Miners During Emergencies, and for Other Purposes.
• S. 1655 (110^th) : Miner Health and Safety Enhancement Act of 2007

Major Actions

Introduced	6/19/2007
Referred to Committee
Amendments (4 proposed)
Passed House	1/16/2008

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	Amendment 1 to H.R. 2768	1/16/2008	This amendment PASSED the House 234 voted YES 183 voted NO 18 voted present/not voting
select this vote	House	Amendment 2 to H.R. 2768	1/16/2008	This amendment PASSED the House 364 voted YES 53 voted NO 18 voted present/not voting
select this vote	House	Amendment 3 to H.R. 2768	1/16/2008	This amendment PASSED the House 416 voted YES 0 voted NO 19 voted present/not voting
currently selected	House	Amendment 4 to H.R. 2768	1/16/2008	This amendment DID NOT PASS the House 188 voted YES 229 voted NO 18 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 2768 S-MINER Act	1/16/2008	This motion DID NOT PASS the House 197 voted YES 217 voted NO 16 voted present/not voting
select this vote	House	On Passage - House - H.R. 2768 S-MINER Act	1/16/2008	This bill PASSED the House 214 voted YES 199 voted NO 17 voted present/not voting

	Action	Date	Description
	Introduced	6/19/2007
		6/19/2007	Referred to the House Committee on Education and Labor.
		6/20/2007	Sponsor introductory remarks on measure. (CR E1347)
		7/24/2007	Referred to the Subcommittee on Workforce Protections.
		9/07/2007	Subcommittee on Workforce Protections Discharged.
		10/31/2007	Committee Consideration and Mark-up Session Held.
	Put on a legislative calendar	10/31/2007	Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 18.
		11/15/2007	Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-457.
	Put on a legislative calendar	11/15/2007	Placed on the Union Calendar, Calendar No. 280.
		1/16/2008	Rules Committee Resolution H. Res. 918 Reported to House. Rule provides for consideration of H.R. 2768 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 or rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor.
		1/16/2008	DEBATE - Pursuant to the provisions of H.Res. 918, the Committee of the Whole proceeded with 10 minutes of debate on the George Miller(CA) amendment.
		1/16/2008	Amendment (A001) offered by Mr. George Miller.
		1/16/2008	POSTPONED PROCEEDINGS - At the conclusion of debate on the George Miller(CA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. George Miller(CA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		1/16/2008	DEBATE - Pursuant to the provisions of H.Res. 918, the Committee of the Whole proceeded with 10 minutes of debate on the Boucher amendment.
		1/16/2008	Amendment (A002) offered by Mr. Boucher.
		1/16/2008	POSTPONED PROCEEDINGS - At the conclusion of debate on the Boucher amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller(CA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		1/16/2008	DEBATE - Pursuant to the provisions of H.Res. 918, the Committee of the Whole proceeded with 10 minutes of debate on the Ellsworth amendment.
		1/16/2008	Amendment (A003) offered by Mr. Ellsworth.
		1/16/2008	POSTPONED PROCEEDINGS - At the conclusion of debate on the Ellsworth amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller(CA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		1/16/2008	Amendment (A004) in the nature of a substitute offered by Mr. Wilson (SC).
		1/16/2008	DEBATE - Pursuant to the provisions of H.Res. 918, the Committee of the Whole proceeded with 30 minutes of debate on the Wilson(SC) amendment in the nature of a substitute.
		1/16/2008	POSTPONED PROCEEDINGS - At the conclusion of debate on the Wilson(SC) amendment in the nature of a substitute, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Wilson(SC) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		1/16/2008	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2768.
		1/16/2008	The previous question was ordered pursuant to the rule.
		1/16/2008	The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
		1/16/2008	Mr. Souder moved to recommit with instructions to Education and Labor.
		1/16/2008	DEBATE - The House proceeded with 10 minutes of debate on the Souder motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House promptly with an amendment inserting a new section regarding substance abuse testing.
		1/16/2008	The previous question on the motion to recommit with instructions was ordered without objection.
select this vote	Vote	1/16/2008	Amendment 1 to H.R. 2768
		1/16/2008	The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2768.
select this vote	Vote	1/16/2008	Amendment 2 to H.R. 2768
select this vote	Vote	1/16/2008	Amendment 3 to H.R. 2768
currently selected	Vote	1/16/2008	Amendment 4 to H.R. 2768
select this vote	Vote	1/16/2008	On Motion to Recommit with Instructions: H.R. 2768 S-MINER Act
select this vote	House Vote on Passage	1/16/2008	On Passage - House - H.R. 2768 S-MINER Act
		1/17/2008	Rule H. Res. 918 passed House.
		1/17/2008	Rule provides for consideration of H.R. 2768 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 or rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor.
		1/17/2008	Considered under the provisions of rule H. Res. 918.
		1/17/2008	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 918 and Rule XVIII.
		1/17/2008	The Speaker designated the Honorable Luis V. Gutierrez to act as Chairman of the Committee.
		1/17/2008	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2768.
		1/22/2008	Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 919	Miller, George [D-CA11]	January 16, 2008	Passed by roll call vote on January 16, 2008.
	Amendment provides the mining industry with more time to install a new generation of fire-resistant conveyor belts; provides funds for MSHA to purchase a new generation of dust monitoring devices to limit black lung disease, and ensure that breathable air requirements of the MINER Act of 2006 are properly implemented; requires that the Secretary of Labor conduct a study on substance abuse by miners with recommendations for policy changes in consultation with all interested parties and requires the Secretary to report the findings within six months of the bill's enactment. If she deems it feasible and effective, the Secretary shall be authorized to establish a miner substance abuse testing, rehabilitation, and treatment program within MSHA in consultation with the interested parties. Show amendment details
select this vote	H. Amdt. 920	Boucher, Frederick [D-VA9]	January 16, 2008	Passed by roll call vote on January 16, 2008.
	Amendment authorizes $10,000,000 to award grants to provide rehabilitation services to current and former miners suffering from mental health impairments, including drug addiction and substance abuse issues, which may have been caused or exacerbated by their work as miners. Show amendment details
select this vote	H. Amdt. 921	Ellsworth, Brad [D-IN8]	January 16, 2008	Passed by roll call vote on January 16, 2008.
	Amendment offers relief to mine operators that have been assessed penalties and pays them in a timely fashion. It also establishes a trust fund within Treasury, composed of mine safety civil penalties and provides that funds from the trust can be used for mine safety inspections and investigations only. Show amendment details
currently selected	H. Amdt. 922	Wilson, Joe [R-SC2]	January 16, 2008	Failed by roll call vote on January 16, 2008.
	Amendment in the nature of a substitute sought to promote the continued implementation of the 2006 MINER Act; increase worker safety by providing miners the opportunity to have a voice in mine safety; expand substance abuse programs to all mines to ensure safe working conditions for all miners; and address issues raised by the recent Crandall Canyon disaster. Actions January 16, 2008, 1:03 pm ET - Amendment (A004) in the nature of a substitute offered by Mr. Wilson (SC). January 16, 2008, 3:16 pm ET - Amendment 4 to H.R. 2768 Full Text of this Amendment The text of this amendment is not available.