H.Res. 918: H.R. 2768 - Supplemental Mine Improvement and New Emergency Response Act of 2007

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday January 15, 2008.
FLOOR ACTION: ADOPTED BY VOICE VOTE AFTER AGREEING TO THE PREVIOUS QUESTION BY RECORD VOTE 222-191 on Wednesday January 16, 2008.

MANAGERS: SLAUGHTER/HASTINGS (WA) 

110th Congress 
2nd Session

H.RES. 918

[Report No. 110-508]

 

H.R. 2768 – Supplemental Mine Improvement and New Emergency Response Act of 2007

  1. Structured rule.
  1. Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Education and Labor.
  1. Waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI.
  1. Provides that the amendment in the nature of a substitute recommended by the Committee on Education and Labor, now printed in the bill, shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  1. Waives all points of order against the amendment in the nature of a substitute except for clause 10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  1. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.
  1. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  1. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI.
  1. Provides one motion to recommit with or without instructions.
  1. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

—————

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2768) to establish improved mandatory standards to protect miners during emergencies, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor.  After general debate the bill shall be considered for amendment under the five-minute rule.  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 now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

            Sec. 2.  During consideration in the House of H.R. 2768 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

*select the name of the amendment sponsor to retrieve amendment text in .pdf format.

Sponsor

#

Description

Debate Time

1. Miller, George (CA):

#2

(REVISED)  The Manager’s amendment would provide the mining industry with more time to install a new generation of fire-resistant conveyor belts.  The amendment would also provide funds for MSHA to purchase a new generation of dust monitoring devices to limit black lung disease, and ensure that breathable air requirements of the MINER Act of 2006 are properly implemented. In addition, the amendment requires that the Secretary of Labor conduct a study on substance abuse by miners with recommendations for policy changes, in consultation with all interested parties. The Secretary shall report the findings within six months of the bill's enactment and, if she deems it feasible and effective, shall be authorized to establish a miner substance abuse testing, rehabilitation, and treatment program within MSHA in consultation with the interested parties.

 (10 minutes)

2. Boucher (VA):

#1

(REVISED)  The amendment authorizes $10,000,000 to award grants to provide rehabilitation services to current and former miners suffering from mental health impairments, including drug addiction and substance abuse issues, which may have been caused or exacerbated by their work as miners.

 (10 minutes)

3. Ellsworth (IN):

#3

This amendment offers relief to mine operators that have been assessed penalties and pay them in a timely fashion. It also establishes a trust fund within Treasury, composed of mine safety civil penalties.  Funds from the trust fund can be used for mine safety inspections and investigations only.

 (10 minutes)

4. Wilson, Joe (SC)/Kline (MN):

#4

Amendment in the Nature of a Substitute.  The substitute amendment promotes the continued robust implementation of the 2006 MINER Act, increases worker safety by providing miners the opportunity to have a voice in mine safety, expands substance abuse programs to all mines to ensure safe working conditions for all miners, and addresses issues raised by the recent Crandall Canyon disaster.

 (30 minutes)