S 2127
110th CONGRESS
1st Session
S. 2127
To provide assistance to families of miners involved in mining
accidents.
IN THE SENATE OF THE UNITED STATES
October 2, 2007
Mrs. MURRAY introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To provide assistance to families of miners involved in mining
accidents.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Mine Disaster Family Assistance Act of
2007'.
SEC. 2. ASSISTANCE BY THE FEDERAL MINE SAFETY AND HEALTH ADMINISTRATION
TO FAMILIES OF MINERS INVOLVED IN MINING ACCIDENTS.
Section 7 of the MINER Act (30 U.S.C. 801 note) is amended to read as
follows:
`SEC. 7. MINE DISASTER FAMILY ASSISTANCE.
`(a) Assistance by the Federal Mine Safety and Health Administration
to Families of Miners Involved in Mining Accidents-
`(1) IN GENERAL- As soon as practicable after being notified of a
mining accident within the United States involving a mine operator
and resulting in the initiation of a mine emergency response by the
Mine Safety and Health Administration, the Assistant Secretary of
Labor for Mine Safety and Health shall--
`(A) designate and publicize the name and phone number of a director
of family support services who shall--
`(i) be an employee of the Mine Safety and Health Administration;
`(ii) be responsible for acting as a point of contact within the
Federal Government for the families of miners involved in the
accident and a liaison between the mine operator and the families;
and
`(iii) be part of any such mine emergency response and, after
consultation with the Assistant Secretary, determine the appropriate
level of response concerning family support services as authorized
under this Act; and
`(B) designate an independent nonprofit organization, with experience
in disasters and posttrauma communication with families, which shall
have primary responsibility for coordinating the emotional care
and support of the families of miners involved in the accident.
`(2) RESPONSIBILITIES OF THE MINE SAFETY AND HEALTH ADMINISTRATION-
The Mine Safety and Health Administration shall have primary Federal
responsibility for facilitating the rescue and recovery of injured
miners involved in an accident described in paragraph (1). In the
case of such an accident, the Administration shall serve as the primary
communicator with the operator, miners' families, the press, and the
public.
`(3) RESPONSIBILITIES OF DESIGNATED ORGANIZATION- The organization
designated for an accident under paragraph (1)(B) shall have the following
responsibilities with respect to the families of miners involved in
the accident:
`(A) To provide mental health and counseling services, in coordination
with the disaster response team of the mine operator involved.
`(B) To take such actions as may be necessary to provide an environment
in which the families may gather and grieve in private.
`(C) To meet with the families who have traveled to the location
of the accident, to contact the families unable to travel to such
location, and to contact all affected families periodically thereafter
until such time as the organization, in consultation with the director
of family support services designated for the accident under paragraph
(1)(A), determines that further assistance is no longer needed.
`(D) To communicate with the families as to the roles of the organization,
government agencies, and the mine operator involved with respect
to the accident and the post-accident activities.
`(E) In cases where miners are fatally injured, to arrange a suitable
memorial service, in consultation with the families.
`(A) REQUESTS FOR MINER LISTS-
`(i) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES- In consultation
with the lead Mine Safety and Health Administration official designated
for an accident and the mine operator, the director of family
support services designated for an accident under paragraph (1)(A)
shall receive, as soon as practicable, a list, which is based
on the best available information at the time of the request,
of the names of the miners that were involved in the mining accident.
`(ii) REQUESTS BY DESIGNATED ORGANIZATION- The organization designated
for an accident under paragraph (1)(B) may request from the mine
operator involved in the accident a list described in clause (i).
`(B) USE OF INFORMATION- The director of family support services
and the organization may not release to any person information on
a list obtained under subparagraph (A) but may provide information
on the list about a miner to the family of the miner to the extent
that the director of family support services or the organization
considers appropriate.
`(5) CONTINUING RESPONSIBILITIES OF THE MINE SAFETY AND HEALTH ADMINISTRATION-
In the course of its rescue effort and investigation of an accident
described in paragraph (1), the Mine Safety and Health Administration
shall, to the maximum extent practicable, ensure that the families
of miners involved in the accident--
`(A) are briefed, prior to any public briefing, about the accident,
its causes, the rescue effort, its progress, and any other findings
from the investigation; and
`(B) are individually informed of and allowed to attend any public
hearings and public meetings of the Mine Safety and Health Administration
about the accident.
`(6) USE OF MINE OPERATOR RESOURCES- To the extent practicable, the
organization designated for an accident under paragraph (1)(B) shall
coordinate its activities with the mine operator involved in the accident
so that the resources of the mine operator can be used to the greatest
extent possible to carry out the organization's responsibilities under
this subsection.
`(A) ACTIONS TO IMPEDE THE MINE SAFETY AND HEALTH ADMINISTRATION-
No person (including a State or political subdivision) may impede
the ability of the Mine Safety and Health Administration (including
the director of family support services designated for an accident
under paragraph (1)(A)), or an organization designated for an accident
under paragraph (1)(B), to carry out its responsibilities under
this subsection or the ability of the families of miners involved
in the accident to have contact with one another.
`(B) UNSOLICITED COMMUNICATIONS- In the event of an accident involving
any mine operator in the United States, no unsolicited communication
concerning a potential action for personal injury or wrongful death
may be made by an attorney, including any associate, agent, employee,
or other representative of an attorney, or any potential party to
the litigation to an individual injured in the accident, or to a
relative of an individual involved in the accident, before the 45th
day following the date of the accident.
`(C) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH AND COUNSELING
SERVICES- No State or political subdivision of a State may prevent
the employees, agents, or volunteers of an organization designated
for an accident under paragraph (1)(B) from providing mental health
and counseling services under paragraph (3)(A) in the 45 day period
beginning on the date of the accident. The director of family support
services designated for the accident under paragraph (1)(A) may
extend such period for not to exceed an additional 30 days if the
director determines that the extension is necessary to meet the
needs of the families and if the State and local authorities are
notified of the determination.
`(8) STATUTORY CONSTRUCTION- Nothing in this subsection shall be construed
as limiting the actions that a mine operator may take or the obligations
that an operation may have, in providing assistance to miners involved
in a mining accident.
`(b) Mine Operator Plans To Address Needs of Families of Miners Involved
in Mining Accidents-
`(1) SUBMISSION OF PLANS- Not later than 6 months after the date of
the enactment of the Mine Disaster Family Assistance Act of 2007,
each operator of a mine that is subject to the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 801 et seq.), shall submit to the
Secretary a plan for addressing the needs of the families of miners
involved in any mining accident involving a mine of the operator and
resulting in the initiation of a mine emergency response by the Mine
Safety and Health Administration.
`(2) CONTENTS OF PLANS- A plan to be submitted by a mine operator
under paragraph (1) shall include, at a minimum, the following:
`(A) A plan for establishing and publicizing a reliable, toll-free
telephone number, and for providing appropriately trained staff,
to handle calls from the families of the miners.
`(B) A process for notifying the families of the miners, before
providing any public notice of the names of the miners, either by
utilizing the services of the organization designated for the accident
under subsection (a)(1)(B) or the services of other suitably trained
individuals.
`(C) An assurance that the notice described in subparagraph (B)
will be provided to the family of a miner as soon as the mine operator
has verified that the miner was involved in an accident (whether
or not the names of all of the miners have been verified) and, to
the extent practicable, in person.
`(D) An assurance that the mine operator will provide to the director
of family support services designated for the accident under subsection
(a)(1)(A), and to the organization designated for the accident under
subsection (a)(1)(B), immediately upon request, a list (which is
based on the best available information at the time of the request)
of the names of the miners, involved in the accident whether or
not such names have been verified), and will periodically update
the list.
`(E) An assurance that the family of each miner will be consulted
about the disposition of all remains and personal effects of the
miner within the control of the mine operator.
`(F) An assurance that if requested by the family of a miner, any
possession of the miner within the control of the mine operator
(regardless of its condition) will be returned to the family unless
the possession is needed for the accident investigation or any criminal
investigation.
`(G) An assurance that the family of each miner will be consulted
about construction by the mine operator of any monument to the miners,
including any inscription on the monument.
`(H) An assurance that the mine operator will work with any organization
designated under subsection (a)(1)(B) on an ongoing basis to ensure
that families of miners receive an appropriate level of services
and assistance following each accident.
`(I) An assurance that the mine operator will provide reasonable
compensation to any organization designated under subsection (a)(1)(B)
for services provided by the organization.
`(J) An assurance that the mine operator will assist the family
of a miner in traveling to the location of the accident and provide
for the physical care of the family while the family is staying
at such location.
`(K) An assurance that the mine operator will commit sufficient
resources to carry out the plan.
`(L) An assurance that the mine operator will provide adequate training
to the employees and agents of the mine operator to meet the needs
of survivors and family members following a mining accident.
`(M) An assurance that, in the case of an accident in which the
Mine Safety and Health Administration conducts a public hearing,
briefing, or comparable proceeding the mine operator, in consultation
with the Mine Safety and Health Administration, will ensure that
the proceeding is made available simultaneously by electronic means
at a location open to public in the city where the accident occurred.
`(3) CERTIFICATE REQUIREMENT- After the date that is 6 months after
the date of the enactment of the Mine Disaster Family Assistance Act
of 2007, the Secretary may not approve any plan or any modification
of a plan that is required by law to be submitted to the Mine Safety
and Health Administration for any mine, including emergency response
plans, roof control plans, ventilation plans, training plans, respirable
dust control plans, shaft and slope sinking plans, and petitions for
modifications, unless the applicant has included as part of such a
request a plan that meets the requirements of paragraph (2) or has
such a plan previously approved by the Secretary on file with such
Administration.
`(4) LIMITATION ON LIABILITY- A mine operator shall not be liable
for damages in any action brought in a Federal or State court arising
out of the performance of the operator in preparing or providing a
miner list pursuant to a plan submitted by the mine operator under
paragraph (2), unless such liability was caused by conduct of the
operator which was grossly negligent or which constituted intentional
misconduct.
`(5) STATUTORY CONSTRUCTION- Nothing in this section shall be construed
as limiting the actions that a mine operator may take or the obligations
that an operation may have, in providing assistance to miners involved
in a mining accident.
`(c) Establishment of Task Force-
`(1) ESTABLISHMENT- The Secretary, in cooperation with the Bureau
of Land Management, the Federal Emergency Management Agency, the American
Red Cross, mine operators (including operators of smaller mines),
and families which have been involved in mining accidents shall establish
a task force consisting of representatives of such entities and families,
representatives of miners, and representatives of such other entities
as the Secretary determines appropriate.
`(2) GUIDELINES AND RECOMMENDATIONS- The task force established pursuant
to paragraph (1) shall develop--
`(A) guidelines to assist mine operators in responding to mining
accidents;
`(B) recommendations on methods to ensure that attorneys and representatives
of media organizations do not intrude during the rescue and recovery
efforts on the privacy of families of miners involved in a mining
accident;
`(C) recommendations on methods to ensure that the families of miners
involved in a mining accident who are not citizens of the United
States receive appropriate assistance;
`(D) recommendations on methods to ensure that State mental health
licensing laws do not act to prevent out-of-state mental health
workers from working at the site of a mining accident or other related
sites;
`(E) recommendations on methods to improve the timeliness of the
notification provided by mine operators to the families of miners
involved in a mining accident, including the steps that operators
would have to take to ensure that an accurate list of miners potentially
involved in an accident would be available within 1 hour of the
accident; and
`(F) recommendations on the appropriate role for families of miners
in any official Mine Safety and Health Administration investigation,
including the appropriate level of access to information used to
develop the final report.
`(3) REPORT- Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report containing
the model plan and recommendations developed by the task force under
paragraph (2).
`(d) Definitions- In this section:
`(1) MINER- The term `miner' means any individual working in a coal
or other mine, as defined in the Federal Mine Safety and Health Act
of 1977 (30 U.S.C. 801 et seq.).
`(2) MINING ACCIDENT- The term `mining accident' means any mine disaster,
regardless of its cause or suspected cause that results in the initiation
of a mine emergency response by the Mine Safety and Health Administration.
`(3) OPERATOR- The term `operator' means any owner, lessee, or other
person who operates, controls, or supervises a coal or other mine
or any independent contractor performing services or construction
at such time, as defined in the Federal Mine Safety and Health Act
of 1977 (30 U.S.C. 801 et seq.).
`(4) SECRETARY- The term `Secretary' means the Secretary of Labor.'.
END
