[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5481 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5481

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2006

 Mr. Norwood 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 mines and mining.

    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 ``Modernizing and Improving the 
National Emergency Response System for Mining Act'' or the ``MINERS for 
Mining Act''.

SEC. 2. EMERGENCY RESPONSE.

    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 striking ``Telephone'' and inserting ``(a) In 
        General.--Telephone''; and
            (3) by adding at the end the following:
    ``(b) Accident Preparedness and Response.--
            ``(1) In general.--Each underground coal mine operator 
        shall carry out on a continuing basis a program to improve 
        accident preparedness and response at each mine.
            ``(2) Response and preparedness plan.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this Act, each underground coal 
                mine operator shall develop and adopt a written 
                accident response plan that complies with this 
                subsection with respect to each mine of the operator, 
                and periodically update such plans to reflect changes 
                in operations in 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.
                    ``(B) Plan requirements.--An accident response plan 
                under subparagraph (A) shall--
                            ``(i) provide for the evacuation of all 
                        individuals endangered by an emergency; and
                            ``(ii) provide for the maintenance of 
                        individuals trapped underground in the event 
                        that miners are not able to evacuate the mine.
                    ``(C) Plan approval.--The accident response plan 
                under subparagraph (A) shall be subject to review and 
                approval by the Secretary. Approved plans shall--
                            ``(i) afford miners a level of safety 
                        protection at least consistent with existing 
                        standards, including standards mandated by law 
                        and regulation;
                            ``(ii) reflect the most recent credible 
                        scientific research;
                            ``(iii) be technologically feasible, make 
                        use of current commercially available 
                        technology, and account for the specific 
                        physical characteristics of the mine; and
                            ``(iv) reflect the improvements in mine 
                        safety gained from experience under this Act 
                        and other worker safety and health laws.
                    ``(D) Plan review.--The accident response plan 
                under subparagraph (A) shall be reviewed periodically, 
                but at least every 6 months, by the Secretary. In such 
                periodic reviews, the Secretary shall consider 
                intervening advancements in science and technology that 
                could be implemented to enhance miners' ability to 
                evacuate or otherwise survive in an emergency.
                    ``(E) Plan content-general requirements.--To be 
                approved under subparagraph (C), an accident response 
                plan shall include the following:
                            ``(i) Post-accident communications.--The 
                        plan shall provide for a redundant means of 
                        communication with the surface for persons 
                        underground, such as secondary telephone or 
                        equivalent two-way communication.
                            ``(ii) Post-accident tracking.--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.
                            ``(iii) Post-accident breathable air.--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) in addition to the 2 hours 
                                of breathable air per miner required by 
                                law under the emergency temporary 
                                standard as of the day before the date 
                                of enactment of the Modernizing and 
                                Improving the National Emergency 
                                Response System for Mining Act, caches 
                                of self-rescuers providing in the 
                                aggregate not less than 2 hours per 
                                miner to be kept in escapeways from the 
                                deepest work area 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 of 
                                greater than 60 minutes, as they are 
                                approved by the Administration and 
                                become available on the market; and
                                    ``(IV) training for each miner in 
                                proper procedures for donning self-
                                rescuers, switching from one unit to 
                                another, and ensuring a proper fit.
                            ``(iv) Post-accident lifelines.--The plan 
                        shall provide for the use of flame-resistant 
                        directional lifelines or equivalent systems in 
                        escapeways to enable evacuation. The flame-
                        resistance requirement of this clause 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 this Act.
                            ``(v) Training.--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.
                            ``(vi) Local coordination.--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.
                    ``(F) Plan content-specific requirements.--
                            ``(i) In general.--In addition to the 
                        content requirements contained in subparagraph 
                        (E), and subject to the considerations 
                        contained in subparagraph (C), the Secretary 
                        may make additional plan requirements with 
                        respect to any of the content matters.
                            ``(ii) Post accident communications.--Not 
                        later than 3 years after the date of enactment 
                        of the Modernizing and Improving the National 
                        Emergency Response System for Mining Act, a 
                        plan shall, to be approved, provide for post 
                        accident communication between underground and 
                        surface personnel via a wireless two-way 
                        medium, and provide for an electronic tracking 
                        system permitting surface personnel to 
                        determine the location of any persons trapped 
                        underground or set forth within the plan the 
                        reasons such provisions can not be adopted. 
                        Where such plan sets forth the reasons such 
                        provisions can not be adopted, the plan shall 
                        also set forth 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.
                    ``(G) Plan dispute resolution.--
                            ``(i) In general.--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.
                            ``(ii) Disputes.--In the event of a dispute 
                        or refusal described in clause (i), the 
                        Secretary shall issue a citation which shall be 
                        immediately referred to a Commission 
                        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.
                            ``(iii) Further appeals.--A party adversely 
                        affected by 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.
                    ``(H) Maintaining protections for miners.--
                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:

``SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RESCUE OPERATIONS.

    ``(a) In General.--No person shall bring an action against any 
covered individual or his or her regular employer for property damage 
or 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 property damages or injury (or death) was the result of 
gross negligence, reckless conduct, or a willful violation of law 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. Nothing 
in this section shall be construed to preempt State workers' 
compensation laws.
    ``(b) Covered Individual.--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) Regular Employer.--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 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)(A) 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 this Act.
    ``(B) Such regulations shall provide for the following:
            ``(i) That such regulations shall not be construed to waive 
        operator training requirements applicable to existing mine 
        rescue teams.
            ``(ii) That the Mine Safety and Health Administration shall 
        establish, and update every 5 years thereafter, criteria to 
        certify the qualifications of mine rescue teams.
            ``(iii)(I) That the operator of each underground coal mine 
        with more than 36 employees--
                    ``(aa) have an employee knowledgeable in mine 
                emergency response who is employed at the mine on each 
                shift at each underground mine; and
                    ``(bb) make available two certified mine rescue 
                teams whose members--
                            ``(AA) are familiar with the operations of 
                        such coal mine;
                            ``(BB) participate at least annually in 
                        mine rescue training at the underground coal 
                        mine covered by the mine rescue team; and
                            ``(CC) are available at the mine within one 
                        hour ground travel time from the mine rescue 
                        station.
            ``(II)(aa) For the purpose of complying with subclause (I), 
        an operator shall employ one team that is either an individual 
        mine site mine rescue team or a composite team as provided for 
        in item (bb)(BB).
            ``(bb) The following options may be used by an operator to 
        comply with the requirements of item (aa):
                    ``(AA) An individual mine-site mine rescue team.
                    ``(BB) 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--
                            ``(aaa) which provides coverage for 
                        multiple operators that have team members which 
                        include at least two active employees from each 
                        of the covered mines;
                            ``(bbb) which provides coverage for 
                        multiple mines owned by the same operator which 
                        members include at least two active employees 
                        from each mine; or
                            ``(ccc) which is a State-sponsored mine 
                        rescue team comprised of at least two active 
                        employees from each of the covered mines.
                    ``(CC) A commercial mine rescue team provided by 
                contract through a third-party vendor or mine rescue 
                team provided by another coal company, if such team--
                            ``(aaa) trains on a quarterly basis at 
                        covered underground coal mines;
                            ``(bbb) is knowledgeable about the 
                        operations and ventilation of the covered 
                        mines; and
                            ``(ccc) is comprised 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.
                    ``(DD) A State-sponsored team made up of State 
                employees.
            ``(iv) That the operator of each underground coal mine with 
        36 or less employees shall--
                    ``(I) have an employee on each shift who is 
                knowledgeable in mine emergency responses; and
                    ``(II) make available two certified mine rescue 
                teams whose members--
                            ``(aa) are familiar with the operations of 
                        such coal mine;
                            ``(bb) participate at least semi-annually 
                        in mine rescue training at the underground coal 
                        mine covered by the mine rescue team;
                            ``(cc) are available at the mine within one 
                        hour ground travel time from the mine rescue 
                        station;
                            ``(dd) are knowledgeable about the 
                        operations and ventilation of the covered 
                        mines; and
                            ``(ee) are comprised 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.''.

SEC. 5. PROMPT INCIDENT NOTIFICATION.

    (a) In General.--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.''.
    (b) Penalty.--Section 110(a) of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 820(a)) is amended--
            (1) by striking ``The operator'' and inserting ``(1) The 
        operator''; and
            (2) by adding at the end the following:
    ``(2) The operator of a coal or other 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.''.

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

    (a) Research and Development.--
            (1) In general.--For purposes of improving the safety and 
        health of miners, the National Institute for Occupational 
        Safety and Health is authorized to conduct research in and 
        development of technology relating to--
                    (A) the improvement of post-disaster mine 
                operations, including an analysis of and 
                recommendations for future practices relating to 
                electrical devices and the hardening of mine monitoring 
                and communications systems;
                    (B) the improvement of mine rescue team operations, 
                including communications among mine operators, miners, 
                and mine rescue teams, and the use of robotic 
                technology;
                    (C) the development and installation of improved 
                emergency and routine miner tracking systems, including 
                recommended standards for wireless communications in 
                underground mines;
                    (D) the development and improvement of self-
                contained self-rescuers, including docking and hybrid 
                capabilities;
                    (E) the development of performance standards, 
                location strategies, and application guidelines for 
                coal mine rescue chambers; and
                    (F) the development and demonstration of a rapidly 
                deployable seismic location system to assist in the 
                location of trapped miners, and an analysis of 
                alternative tracking and location systems
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $14,000,000 for the purpose of carrying out 
        this subsection.
    (b) Office of Mine Safety and Health.--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) Office of Mine Safety and Health.--
            ``(1) In general.--There shall be permanently established 
        within the Institute an Office of Mine Safety and Health which 
        shall be administered by an Associate Director to be appointed 
        by the Director.
            ``(2) Purpose.--The purpose of the Office is to enhance the 
        development of new mine safety technology and technological 
        applications and to expedite the commercial availability and 
        implementation of such technology in mining environments.
            ``(3) Functions.--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 (5).
            ``(4) Grant authority.--To be eligible to receive a grant 
        under the authority provided for under paragraph (3)(A), 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.
            ``(5) Interagency working group.--
                    ``(A) Establishment.--The Director of the 
                Institute, in carrying out paragraph (3)(C) 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) Membership.--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) Duties.--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.
            ``(6) Annual report.--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, describes 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, the reasons therefore.
            ``(7) Authorization of appropriations.--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, that the Mine Safety 
        and Health 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 at the end of the subsection: ``The 
                Secretary may prescribe procedures for the issuance of 
                a notice in lieu of a citation with respect to de 
                minimis violations which have no direct or immediate 
                relationship to safety or health.''; and
                    (B) by adding at the end the following:
    ``(2) 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.
    ``(3)(A) The minimum penalty for any citation or order issued under 
section 104(d)(1) shall be $2,000.
    ``(B) The minimum penalty for any order issued under section 
104(d)(2) shall be $4,000.
    ``(4) 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 at least 
the minimum penalties required under this subsection.''; and
            (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 or 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 injury.''.
    (b) Regulations.--Not later than December 30, 2006, the Secretary 
of Labor shall promulgate final regulations with respect to penalties.

SEC. 9. FINE COLLECTIONS.

    Section 108(a)(1)(A) of the Federal Mine Safety and Health 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. ABANDONED MINE AREAS SEAL STUDY.

    (a) In General.--The Secretary of Labor shall provide for the 
conduct of research, including field tests, concerning the sealing of 
abandoned mine areas, including the materials used in the construction 
of these seals, the practicality of inertization prior to sealing, and 
the use of professional engineers in the design of the seals.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall prepare and submit to the Committee on 
Education and the Workforce of the House of Representatives, and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
report detailing the findings of the research under this section. Such 
report shall include 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. 11. SUBSTANCE ABUSE TESTING.

    Title II of the Federal Mine Safety and Health Act of 1977 is 
amended by adding at the end the following new section:

``SEC. 207. SUBSTANCE ABUSE TESTING.

    ``(a) Within 180 days following the enactment of this Act, the 
Secretary shall promulgate regulations pursuant to section 101(a) to 
require the operator of each mine to institute a program to conduct 
mandatory, random substance abuse testing of mine employees. Such 
regulations shall be no less restrictive than regulations issued by 
other Federal and States agencies which impose mandatory substance 
abuse testing and shall include provisions providing for--
            ``(1) mandatary substance abuse testing procedures;
            ``(2) a process for the random selection of those employees 
        to be tested;
            ``(3) the protection of individuals' rights and privacy;
            ``(4) the establishment of an Employee Assistance Program; 
        and
            ``(5) for purposes of subsection (b), a process for mine 
        operators to notify the Administration of the names of 
        individuals who test positive for substance abuse.
    ``(b) Within 180 days following the enactment of this Act, the 
Secretary shall promulgate regulations creating a registry of those 
found to have tested positive for substance abuse for the sole purpose 
of sharing, on a confidential basis, with State authorities responsible 
for issuance of licenses, certification, permits, or other documents 
required to seek employment in the mining industry.''.

SEC. 12. SUBPOENA AUTHORITY.

    Section 103(a) is amended--
            (1) by adding ``, Enforcement of Subpoena'' to the 
        subsection heading; and
            (2) by inserting ``(1)'' at the beginning of the subsection 
        and inserting at the end:
            ``(2) In making inspections and investigations under this 
        chapter the Secretary may require the attendance and testimony 
        of witnesses and the production of evidence under oath. 
        Witnesses shall be paid the same fees and mileage that are paid 
        witnesses in the courts of the United States. In case of a 
        contumacy, failure, or refusal of any person to obey such an 
        order, any district court of the United States or the United 
        States courts of any territory or possession, within the 
        jurisdiction of which such person is found, or resides or 
        transacts business, upon the application by the Secretary, 
        shall have jurisdiction to issue to such person an order 
        requiring such person to appear to produce evidence if, as, and 
        when so ordered, and to give testimony relating to the matter 
        under investigation or in question, and any failure to obey 
        such order of the court may be punished by said court as a 
        contempt thereof.''.

SEC. 13. AUTHORIZATION OF BELT AIR COURSE VENTILATION.

    Section 303(y) is amended by striking all and replacing with the 
following: ``A mine operator may use air from a belt air course to 
ventilate a working section or an area where mechanized mining 
equipment is being installed or removed, provided that such use is in 
compliance with the requirements of section 75.350 of title 30, Code of 
Federal Regulations, as in effect on the date of enactment of this 
Act.''.

SEC. 14. SCHOLARSHIPS.

    Title V of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 951 et seq.), as amended by section 11, is further amended by 
adding at the end the following:

``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 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 universities that focus on providing the 
        fundamental skills and training that is of immediate use to a 
        beginning 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 2 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; 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 National 
                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; 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 Research 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 
        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 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.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 15. RESEARCH CONCERNING REFUGE ALTERNATIVES.

    (a) In General.--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. 16. RISK ANALYSIS AND INCIDENT PLANNING PILOT PROGRAM.

    No later than 18 months following the enactment of this Act the 
National Institute of Occupational Safety and Health (NIOSH) shall 
survey international mining practices with respect to incident planning 
generally, with a particular focus on the risk assessment-based 
approach undertaken in Australia, and shall compare the same with 
current regulatory practices within the United States. Upon completion 
of such study, NIOSH shall develop and publish in the Federal Register 
protocols for incident planning. These protocols shall address, but not 
be limited to, the elements that should be included in the incident 
plan, approaches to redesigning mine practices to prevent an incident, 
and methods for mine operators should design a response to incidents, 
and shall be developed specifically for both metal/nonmetal and 
underground coal operations. Upon publication of these protocols NIOSH 
may encourage mine operators to undergo a risk assessment and review 
using the outlined protocols through its ongoing partnerships.

SEC. 17. BROOKWOOD-SAGO MINE SAFETY GRANTS.

    (a) In General.--The Secretary of Labor shall establish a program 
to award competitive grants for education and training, to be known as 
Brookwood-Sago Mine Safety Grants, 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 for 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 are authorized to be 
appropriated for each fiscal year, such sums as may be necessary to 
carry out this section.

SEC. 18. SENSE OF CONGRESS REGARDING NIOSH OVERHEAD BUDGETING.

    It is the sense of Congress that none of the funds authorized under 
this Act shall be used to fund overhead costs of the National Institute 
for Occupational Safety and Health, and that such overhead costs should 
not exceed $10,000,000 annually in any event.
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