[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5432 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5432

To amend the Federal Mine Safety and Health Act of 1977 to improve the 
                           safety of miners.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2006

Mrs. Capito (for herself, Mr. Rahall, and Mr. Mollohan) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Mine Safety and Health Act of 1977 to improve the 
                           safety of miners.

    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 Improvement and New Emergency 
Response Act of 2006'' or the ``MINER Act''.

SEC. 2. EMERGENCY PREPAREDNESS.

    Section 316 of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 876) is amended--
            (1) in the section heading by adding at the end the 
        following: ``and emergency response plans'';
            (2) by inserting ``(a)'' after the section designation;
            (3) by adding at the end the following:
    ``(b)(1) Each underground coal mine operator shall carry out on a 
continuing basis a program to improve accident preparedness and 
response at each mine. Not later than 60 days after the date of 
enactment of the Mine Improvement and New Emergency Response Act of 
2006, each underground coal operator shall develop and adopt a written 
accident response plan that complies with this subsection with respect 
to each mine of the operator, and shall periodically update such plan 
to reflect changes in the operation of the mine, advances in 
technology, or other relevant considerations. Each such operator shall 
make the accident response plan available to the miners and the miners' 
representatives. Such accident response plan shall--
            ``(A) provide for the evacuation of all individuals 
        endangered by an emergency; and
            ``(B) provide for the maintenance of individuals trapped 
        underground in the event that miners are not able to evacuate 
        the mine.
    ``(2) The accident response plan developed under paragraph (1) 
shall be subject to review and approval by the Secretary. The Secretary 
shall periodically review each such plan not less than once every 6 
months and in such reviews shall consider all comments submitted by 
miners and miners' representatives and intervening advancements in 
science and technology. In determining whether to approve a particular 
plan the Secretary shall take into consideration all comments submitted 
by miners or their representatives and must determine that the plan--
            ``(A) affords miners a level of safety at least consistent 
        with the existing standards, including standards mandated by 
        law and regulation;
            ``(B) reflects the most credible scientific research;
            ``(C) is technologically feasible, makes use of current 
        commercially available technology, and accounts for the 
        specific physical characteristics of the mine; and
            ``(D) reflects the improvements in mine safety gained from 
        experience under this Act and other worker safety and health 
        laws.
    ``(3) To be approved under paragraph (2), an accident response plan 
shall include the following:
            ``(A) The plan shall provide for a redundant means of 
        communications with the surface and rescue teams for persons 
        underground, such as secondary telephone or equivalent two-way 
        communication.
            ``(B) Consistent with commercially available technology and 
        with the physical constraints, if any, of the mine, the plan 
        shall provide for above ground personnel to determine the 
        current, or immediately pre-accident, location of all 
        underground personnel. any system so utilized shall be 
        functional, reliable, and calculated to remain serviceable in a 
        post-accident setting.
            ``(C) The plan shall provide for--
                    ``(i) emergency supplies of breathable air for 
                individuals trapped underground sufficient to maintain 
                such individuals for a sustained period of time;
                    ``(ii) caches of self-rescuers of not less than 2 
                hours for each miner to be kept in escape ways from the 
                deepest work areas to the surface at a distance of no 
                further than an average miner could walk in 30 minutes;
                    ``(iii) a maintenance schedule for checking the 
                reliability of self rescuers, retiring older self-
                rescuers first, and introducing new self-rescuer 
                technology, such as units with interchangeable air or 
                oxygen cylinders not requiring doffing to replenish 
                airflow and units with supplies great than 60 minutes, 
                as they are approved by the Secretary and become 
                available on the market; and
                    ``(iv) training for each miner in proper procedures 
                for donning self-rescuers to be conducted not less than 
                once per quarter, switching from one unit to another, 
                and ensuring proper fit.
            ``(D) The plan shall provide for the use of flame-resistant 
        directional lifelines or equivalent systems in escapeways to 
        enable evacuation. Such requirement shall apply upon the 
        replacement of existing lifelines, or, in the case of lifelines 
        in working sections, upon the earlier of the replacement of 
        such lifelines or 3 years after the date of enactment of the 
        Mine Improvement and New Emergency Response Act of 2006.
            ``(E) The plan shall provide a training program for 
        emergency procedures described in the plan which will not 
        diminish the requirements for mandatory health and safety 
        training currently required under section 115.
            ``(F) The plan shall set out procedures for coordination 
        and communication between the operator, mine rescue teams, and 
        local emergency response personnel and make provisions for 
        familiarizing local rescue personnel with surface functions 
        that may be required in the course of mine rescue work.
            ``(G) The plan shall provide for--
                    ``(i) the implementation, not later than 3 years 
                after the date of enactment of the Mine Improvement and 
                New Emergency Response Act of 2006, of post-accident 
                communication between underground and surface personnel 
                via a wireless two-way medium, and
                    ``(ii) an electronic tracking system permitting 
                surface personnel to determine the location of any 
                persons trapped underground.
        If such two-way communication and electronic tracking system 
        cannot reasonably be implemented, the plan shall set forth the 
        reasons such a system or systems cannot be adopted and shall 
        state the operator's alternative means of compliance. Such 
        alternative shall approximate, as closely as possible, the 
        degree of functional utility and safety protection provided by 
        the wireless two-way medium and tracking system referred to in 
        this subpart. The Secretary may make additional plan 
        requirements with respect to any of the content matters.
    ``(4)(A) Any dispute between the Secretary and an operator with 
respect to the content of the operator's plan or any refusal by the 
Secretary to approve such a plan shall be resolved on an expedited 
basis. In the event of such a dispute or refusal, the Secretary shall 
issue a technical citation which shall be immediately referred to a 
Department of Labor Administrative Law Judge. The Secretary and the 
operator shall submit all relevant material regarding the dispute to 
the Administrative Law Judge within 15 days of the date of the 
referral. The Administrative Law Judge shall render his or her decision 
with respect to the plan content dispute within 15 days of the receipt 
of the submission.
    ``(B) A party adversely affected be a decision under clause (ii) 
may pursue all further available appeal rights with respect to the 
citation involved, except that inclusion of the disputed provision in 
the plan will not be limited by such appeal unless such relief is 
requested by the operator and permitted by the Administrative Law 
Judge.
    ``(C) Nothing in this paragraph shall be construed to modify the 
authority of the Secretary to issue citations or orders as provided for 
in this Act.
    ``(5) Notwithstanding any other provision of this Act, nothing in 
this section, and no response and preparedness plan developed under 
this section, shall be approved if it reduces the protection afforded 
miners by an existing mandatory health or safety standard.''.

SEC. 3. INCIDENT COMMAND AND CONTROL.

    Title I of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 811 et seq.) is amended by adding at the end the following:

        ``limitation on certain liability for rescue operations

    ``Sec. 116.  (a) No person shall bring an action against any 
covered individual or his or her regular employer for an injury (or 
death) sustained as a result of carrying out activities relating to 
mine accident rescue or recovery operations. This subsection shall not 
apply where the action that is alleged to result in the injury (or 
death) was the result of gross negligence, reckless conduct, or illegal 
conduct or, where the regular employer (as such term is used in this 
Act) is the operator of the mine at which the rescue activity takes 
place.
    ``(b) For purposes of subsection (a), the term `covered individual' 
means an individual (1) who is a member of a mine rescue team or who is 
otherwise a volunteer with respect to a mine accident; and (2) who is 
carrying out activities relating to mine accident rescue or recovery 
operations.
    ``(c) For purposes of subsection (a), the term `regular employer' 
means the entity that is the covered employee's legal or statutory 
employer pursuant to applicable State law.''.

SEC. 4. MINE RESCUE TEAMS.

    Section 115(e) of the Federal Mine Safety and Health Safety Act of 
1977 (30 U.S.C. 825 (e)) is amended--
            (1) by inserting ``(1)'' after the subsection designation; 
        and
            (2) by adding at the end the following:
    ``(2) The Secretary shall issue regulations with regard to mine 
rescue teams which shall be finalized and in effect not later than 18 
months after the date of enactment of the Mine Improvement and New 
Emergency Response Act of 2006. Such regulations shall provide for the 
following:
            ``(A) That such regulations shall not be construed to waive 
        operator training requirements applicable to existing mine 
        rescue teams.
            ``(B) That the Mine Safety and Health Administration shall 
        establish, and update every 5 years thereafter, criteria to 
        certify the qualifications of mine rescue teams.
            ``(C)(i) That the operator of each underground coal mine 
        have an employee knowledgeable in mine emergency response who 
        is employed at the mine on each shift at each underground mine 
        and make available two certified mine rescue teams whose 
        members--
                    ``(I) are familiar with the operations of such coal 
                mine;
                    ``(II) participate at least annually in two local 
                mine rescue contests;
                    ``(III) participate at least annually in mine 
                rescue training at the underground coal mine covered by 
                the mine rescue team;
                    ``(IV) are available at the mine within one hour 
                ground travel time from the mine rescue station;
                    ``(V) are knowledgeable about the operations and 
                ventilation of the covered mines; and
                    ``(VI) are compromised of individuals with a 
                minimum of 3 years underground coal mine experience 
                that shall have occurred within the 10-year period 
                preceding their employment on the contract mine rescue 
                team.
            ``(ii) For the purpose of complying with clause (i), an 
        operator with more than 36 employees shall employee at least 
        one team that is either an individual mine site rescue team or 
        a multi-employer composite team as described in subclause (II) 
        of this clause. The second team required by this subparagraph 
        may be any of the following:
                    ``(I) An individual mine site mine rescue team.
                    ``(II) A multi-employer composite team that is made 
                up of team members who are knowledgeable about the 
                operations and ventilation of the covered mines and who 
                train on a semi-annual basis at the covered underground 
                coal mine, and which--
                            ``(aa) provides coverage for multiple 
                        operators that have team members which include 
                        at least two active employees from each of the 
                        covered mines;
                            ``(bb) provides coverage for multiple mines 
                        owned by the same operator which members 
                        include at least two active employees from each 
                        mine; or
                            ``(cc) is a State-sponsored mine rescue 
                        team comprised of at least two active employees 
                        from each of the covered mines.
                    ``(III) A commercial mine rescue team provided by 
                contract through a third-party vendor or a mine rescue 
                team provided by another coal company if such team--
                            ``(aa) trains on a quarterly basis at 
                        covered underground coal mines;
                            ``(bb) is knowledgeable about the 
                        operations and ventilation of the covered 
                        mines; and
                            ``(cc) is compromised of individuals with a 
                        minimum of 3 years underground coal mine 
                        experience that shall have occurred within the 
                        10-year period preceding their employment on 
                        the contract mine rescue team.
                    ``(IV) A State-sponsored team made up of State 
                employees.''.

SEC. 5. PROMPT INCIDENT NOTIFICATION.

    Section 103(j) of the Federal Mine Safety and Health Act of 1977 
(30 U.S.C. 813(j)) is amended by inserting after the first sentence the 
following: ``For purposes of the preceding sentence, the notification 
required shall be provided by the operator within 15 minutes of the 
time at which the operator realizes that the death of an individual at 
the mine, or an injury or entrapment of an individual at the mine which 
has a reasonable potential to cause death, has occurred.''.

SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH.

    (a) Establishment.--Section 22 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 671) is amended by adding at the end the 
following:
    ``(h)(1) There shall be permanently established within the 
Institute an Office of Mine Safety and Health for the purpose of 
enhancing the development of new mine safety technology and 
technological applications and to expedite the commercial availability 
and implementation of such technology in mining environments. The 
office shall be administered by an Associate Director to be appointed 
by the Director.
    ``(2) In addition to all purposes and authorities provided for 
under this section, the office of mine safety and health shall be 
responsible for research, development, and testing of new technologies 
and equipment designed to enhance mine safety and health. to carry out 
such functions the director of the institute, acting through the 
office, shall have the authority to--
            ``(A) award competitive grants to institutions and private 
        entities to encourage the development and manufacture of mine 
        safety equipment;
            ``(B) award contracts to educational institutions or 
        private laboratories for the performance of product testing or 
        related work with respect to new mine technology and equipment; 
        and
            ``(C) establish an interagency working group as provided 
        for in paragraph (4).
    ``(3) To be eligible to receive a grant under the authority 
provided for under paragraph (2), an entity or institution shall--
            ``(A) submit to the Director of the Institute an 
        application at such time, in such manner, and containing such 
        information as the Director may require; and
            ``(B) include in the application under subparagraph (A), a 
        description of the mine safety equipment to be developed and 
        manufactured under the grant and a description of the reasons 
        that such equipment would otherwise not be developed or 
        manufactured. including reasons relating to the limited 
        potential commercial market for such equipment.
    ``(4)(A) The Director of the Institute, in carrying out paragraph 
(2)(D) shall establish an interagency working group to share technology 
and technological research and developments that could be utilized to 
enhance mine safety and accident response.
    ``(B) The working group under subparagraph (A) shall be chaired by 
the Associate Director of the Office who shall appoint the members of 
the working group, which may include representatives of other Federal 
agencies or departments as determined appropriate by the Associate 
Director.
    ``(C) The working group under subparagraph (A) shall conduct an 
evaluation of research conducted by, and the technological developments 
of, agencies and departments who are represented on the working group 
that may have applicability to mine safety and accident response and 
make recommendations to the Director for the further development and 
eventual implementation of such technology.
    ``(5) Not later than 1 year after the establishment of the Office 
under this subsection, and annually thereafter, the Director of the 
Institute shall submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Education and the 
Workforce of the House of Representatives a report that, with respect 
to the year involved, described the new mine safety technologies and 
equipment that have been studied, tested, and certified for use, and 
with respect to those instances of technologies and equipment that have 
been considered but not yet certified for use, there reasons therefore.
    ``(6) There is authorized to be appropriated, such sums as may be 
necessary to enable the Institute and the office of Mine Safety and 
Health to carry out this subsection.''.

SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS.

    The Secretary of Labor shall establish a policy that--
            (1) requires the temporary assignment of an individual 
        Department of Labor official to be a liaison between the 
        Department and the families of victims of mine tragedies 
        involving multiple deaths;
            (2) requires the Mine Safety and Health Administration to 
        be as responsive as possible to requests from the families of 
        mine accident victims for information relating to mine 
        accidents; and
            (3) requires that in such accidents, such Administration 
        shall serve as the primary communicator with the operator, 
        miners' families, the press, and the public.

SEC. 8. PENALTIES.

    (a) In General.--Section 110 of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 820) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after the subsection 
                designation; and
                    (B) by adding at the end the following: ``(2) The 
                operator of a coal mine who fails to provide timely 
                notification to the Secretary as required under section 
                103(j) (relating to the 15 minute requirement) shall be 
                assessed a civil penalty by the Secretary of not less 
                than $5,000 and not more than $60,000.'';
            (2) by adding at the end of subsection (b) the following: 
        ``Violations under this section that are deemed to be flagrant 
        may be assessed a civil penalty of not more than $220,000. For 
        purposes of the preceding sentence, the term `flagrant' with 
        respect to a violation means a reckless of repeated failure to 
        make reasonable efforts to eliminate a known violation of a 
        mandatory health or safety standard that substantially and 
        proximately caused, or reasonably could have been expected to 
        cause, death or serious bodily injuries.''; and
            (3) by redesignating subsections (e) through (l) as 
        subsections (f) through (m), respectively and inserting after 
        subsection (d) the following:
    ``(e)(1) Any operator who willfully violates a mandatory health or 
safety standard, or knowingly violates or fails or refuses to comply 
with any order issued under section 104 and section 107, or any order 
incorporated in a final decision issued under this title, except an 
order incorporated in a decision under paragraph (1) or section 105(c), 
shall, upon conviction, be punished by a fine of not more than 
$250,000, or by imprisonment for not more than one year, or by both, 
except that if the conviction is for a violation committed after the 
first conviction of such operator under this Act, punishment shall be 
by a fine of not more than $500,000, or by imprisonment for not more 
than five years, or both.
    ``(2) The minimum penalty for any citation issued under section 
104(d)(1) shall be $2,000. The minimum penalty for a failure or refusal 
to comply with any order issued under section 104(d)(2) shall be 
$4,000.
    ``(3) Nothing in this subsection shall be construed to prevent an 
operator from obtaining a review, in accordance with section 106, of an 
order imposing a penalty described in this subsection. If a court, in 
making such review, sustains the order, the court shall apply the 
minimum penalties required under this subsection.''.
    (b) Regulations.--Not later than December 31, 2006, the Secretary 
of Labor shall promulgate final regulations with respect to the 
penalties provided for under the amendments made by this section.

SEC. 9. FINE COLLECTIONS.

    Section 108(a)(1)(A) of the Federal Mine Safety and Health Safety 
Act of 1977 (30 U.S.C. 818(a)(1)(A)) is amended by inserting before the 
comma, the following: ``, or fails or refuses to comply with any order 
or decision, including a civil penalty assessment order, that is issued 
under this Act''.

SEC. 10. SEALING OF ABANDONED AREAS.

    Not later than 18 months after the issuance by the Mine Safety and 
Health Administration of a final report on the Sago Mine accident or 
the date of enactment of the Mine Improvement and New Emergency 
Response Act of 2006, whichever occurs earlier, the Secretary of Labor 
shall finalize mandatory heath and safety standards relating to the 
sealing of abandoned areas in underground coal mines. Such health and 
safety standards shall provide for an increase in the 20 psi standard 
currently set forth in section 7335(a)(2) of title 30, Code of Federal 
Regulations.

SEC. 11. TECHNICAL STUDY PANEL AND SCHOLARSHIP PROGRAM.

    Title V of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 951 et seq.) is amended by adding at the end the following:

``SEC. 514. TECHNICAL STUDY PANEL.

    ``(a) Establishment.--There is established a Technical Study Panel 
(referred to in this section as the `Panel') which shall provide 
independent scientific and engineering review and recommendations with 
respect to the utilization of belt air and the composition and fire 
retardant properties of belt materials in underground coal mining.
    ``(b) Membership.--The Panel shall be composed of--
            ``(1) two individuals to be appointed by the Secretary of 
        Health and Human Services, in consultation with the Director of 
        the National Institute for Occupational Safety and Health and 
        the Associate Director of the Office of Mine Safety;
            ``(2) two individuals to be appointed by the Secretary of 
        Labor, in consultation with the Assistant Secretary for Mine 
        Safety and Health; and
            ``(3) two individuals, one to be appointed jointly by the 
        majority leaders of the Senate and House of Representatives and 
        one to be appointed jointly by the minority leader of the 
        Senate and House of Representatives, each to be appointed prior 
        to the sine die adjournment of the second session of the 109th 
        Congress.
    ``(c) Qualifications.--Four of the six individuals appointed to the 
Panel under subsection (b) shall possess a masters or doctoral level 
degree in mining engineering or another scientific field demonstrably 
related to the subject of the report. No individual appointed to the 
Panel shall be an employee of any coal or other mine, or of any labor 
organization, or of any State or Federal agency primarily responsible 
for regulating the mining industry.
    ``(d) Report.--
            ``(1) In general.--Not later than 1 year after the date on 
        which all members of the Panel are appointed under subsection 
        (b), the Panel shall prepare and submit to the Secretary of 
        Labor, the Secretary of Health and Human Services, the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate, and the Committee on Education and the Workforce of the 
        House of Representatives a report concerning the utilization of 
        belt air and the composition and fire retardant properties of 
        belt materials in underground coal mining.
            ``(2) Response by secretary.--Not later than 180 days after 
        the receipt of the report under paragraph (1), the Secretary of 
        Labor shall provide a response to the Committee on Health, 
        Education, Labor, and Pensions of the Senate, and the Committee 
        on Education and the Workforce of the House of Representatives 
        containing a description of the actions, if any, that the 
        Secretary intends to take based upon the report, including 
        proposing regulatory changes, and the reasons for such actions.
    ``(e) Compensation.--Members appointed to the panel, while carrying 
out the duties of the Panel shall be entitled to receive compensation, 
per diem in lieu of subsistence, and travel expenses in the same manner 
and under the same conditions as that prescribed under section 208(c) 
of the Public Health Service Act.

``SEC. 515. SCHOLARSHIPS.

    ``(a) Establishment.--The Secretary of Education (referred to in 
this section as the `Secretary'), in consultation with the Secretary of 
Labor and the Secretary of Health and Human Services, shall establish a 
program to provide scholarships to eligible individuals to increase the 
skilled workforce for both private sector coal mine operators and mine 
safety inspectors and other regulatory personnel for the Mine Safety 
and Health Administration.
    ``(b) Fundamental Skills Scholarships.--
            ``(1) In general.--Under the program under subsection (a), 
        the Secretary may award scholarship to fully or partially pay 
        the tuition costs of eligible individuals enrolled in 2-year 
        associate's degree programs at community colleges or other 
        colleges and that focus on providing the fundamental skills and 
        training that is of immediate use to a beginning coal miner.
            ``(2) Skills.--The skills described in paragraph (1) shall 
        include basic math, basic health and safety, business 
        principles, management and supervisory skills, skills related 
        to electric circuitry, skills related to heavy equipment 
        operations, and skills related to communications.
            ``(3) Eligibility.--To be eligible to receive a scholarship 
        under this subsection an individual shall--
                    ``(A) have a high school diploma or a GED;
                    ``(B) have at least two years experience in full-
                time employment in mining or mine-related activities;
                    ``(C) submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary determines; and
                    ``(D) demonstrate an interest in working in the 
                field of mining and performing an internship with the 
                Mine Safety and Health Administration or the Institute 
                for Occupational Safety and Health Office of Mine 
                Safety.
    ``(c) Mine Safety Inspector Scholarships.--
            ``(1) In general.--Under the program under subsection (a), 
        the Secretary may award scholarship to fully or partially pay 
        the tuition costs of eligible individuals enrolled in 
        undergraduate bachelor's degree programs at accredited colleges 
        or universities that provide the skills needed to become mine 
        safety inspectors.
            ``(2) Skills.--The skills described in paragraph (1) 
        include skills developed through programs leading to a degree 
        in mining engineering, civil engineering, mechanical 
        engineering, electrical engineering, industrial engineering, 
        environmental engineering, industrial hygiene, occupational 
        health and safety, geology, chemistry, or other fields of study 
        related to mine safety and health work.
            ``(3) Eligibility.--To be eligible to receive a scholarship 
        under this subsection an individual shall--
                    ``(A) have a high school diploma or a GED;
                    ``(B) have at least 5 years experience in full-time 
                employment in mining or mining-related activities;
                    ``(C) submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary determines; and
                    ``(D) agree to be employed for a period of at least 
                5 years at the Mine Safety and Health Administration 
                or, to repay, on a pro-rated basis, the funds received 
                under this program, plus interest, at a rate 
                established by the Secretary upon the issuance of the 
                scholarship.
    ``(d) Advanced Researcher Scholarships.--
            ``(1) In general.--Under the program under subsection (a), 
        the Secretary may award scholarships to fully or partially pay 
        the tuition costs of eligible individuals enrolled in 
        undergraduate bachelor's degree, masters degree, and Ph.D. 
        degree programs at accredited colleges or universities that 
        provide the skills needed to augment and advance research in 
        mine safety and to broaden, improve, and expand the universe of 
        candidates for mine safety inspector and other regulatory 
        positions in the Mine Safety and Health Administration.
            ``(2) Skills.--The skills described in paragraph (1) 
        include skills developed through programs leading to a degree 
        is mining engineering, civil engineering, mechanical 
        engineering, electrical engineering industrial engineering, 
        environmental engineering, industrial hygiene, occupational 
        health and safety, geology, chemistry, or other fields of study 
        related to mine safety and health work.
            ``(3) Eligibility.--To be eligible to receive a scholarship 
        under this subsection an individual shall--
                    ``(A) have a bachelor's degree or equivalent from 
                an accredited 4-year institution;
                    ``(B) have at least 5 years experience in full-time 
                employment in underground mining or mining-related 
                activities; and
                    ``(C) submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the secretary determines.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 12. RESEARCH CONCERNING REFUGE ALTERNATIVES.

    (a) In General.--The Director of the National Institute of 
Occupational Safety and Health shall provide for the conduct of 
research, including field tests, concerning the utility, practicality, 
survivability, and cost of various refuge alternatives in an 
underground coal mine environment, including commercially available 
portable refuge chambers.
    (b) Report.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the National Institute for Occupational 
        Safety and Health shall prepare and submit to the Secretary of 
        Labor, the Secretary of Health and Human Services, the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate, and the Committee on Education and the Workforce of the 
        House of Representatives a report concerning the results of the 
        research conducted under subsection (a), including any field 
        tests.
            (2) Response by secretary.--Not later than 180 days after 
        the receipt of the report under paragraph (1), the Secretary of 
        Labor shall provide a response to the Committee on Health, 
        Education, Labor, and Pensions of the Senate, and the Committee 
        on Education and the Workforce of the House of Representatives 
        containing a description of the actions, if any, that the 
        Secretary intends to take based upon the report, including 
        proposing regulatory changes, and the reasons for such actions.

SEC. 13. SAGO MINE SAFETY GRANTS.

    (a) In General.--The Secretary of Labor shall establish a program 
to award competitive grants for education and training to carry out the 
purposes of this section.
    (b) Purposes.--It is the purpose of this section, to provide for 
the funding of education and training programs to better identify, 
avoid, and prevent unsafe working conditions in and around mines.
    (c) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            (1) be a public or private nonprofit entity; and
            (2) submit to the Secretary of Labor an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require.
    (d) Use of Funds.--Amounts received under a grant under this 
section shall be used to establish and implement education and training 
programs, or to develop training materials or employers and miners, 
concerning safety and health topics in mines, as determined appropriate 
by the Mine Safety and Health Administration.
    (e) Awarding of Grants.--
            (1) Annual basis.--Grants under this section shall be 
        awarded on an annual basis.
            (2) Special emphasis.--In awarding grants under this 
        section, the Secretary of Labor shall give special emphasis to 
        programs and materials that target workers in smaller mines, 
        including training miners and employers about new Mine Safety 
        and Health Administration standards, high risk activities, or 
        hazards identified by such Administration.
            (3) Priority.--In awarding grants under this section, the 
        Secretary of Labor shall give priority to the funding of pilot 
        and demonstration projects that the Secretary determines will 
        provide opportunities for broad applicability for mine safety.
    (f) Evaluation.--The Secretary of Labor shall use not less than 1 
percent of the funds made available to carry out this section in a 
fiscal year to conduct evaluations of the projects funded under grants 
under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section
                                 <all>