II 109th CONGRESS 2d Session S. 2448 IN THE SENATE OF THE UNITED STATES March 16 (legislative day, March 15), 2006 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase the minimum penalties for violations of the Federal Mine Safety and Health Act of 1977, and for other purposes.

1.

Short title

This Act may be cited as the Mine Safety Enforcement, Reporting, and Training Act.

2.

Increased minimum penalties for, and immediate payment of, mine safety violations

(a)

Increased minimum penalties

Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended— (1)by redesignating subsection (l) as subsection (m); (2)by inserting after subsection (k) the following: (l)

Minimum penalty

The amount of a fine or civil penalty assessed for a violation of a mandatory health or safety standard or other provision of this Act shall be not less than $500. ; and (3)in subsection (g), by striking shall not be more than $250 and inserting shall be $500. (b)

Immediate payment of penalties

Section 110(j) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(j)) is amended by adding at the end the following: An operator shall pay a civil penalty owed under this Act promptly after such penalty is assessed and prior to contesting the penalty before the Commission or appealing the decision to the appropriate court.. (c)

Report

Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is further amended by adding at the end the following: (n)

Report

(1)

In general

The Secretary shall annually prepare and submit a report to Congress detailing, for the previous fiscal year— (A)the amount of fines assessed under this Act for each operator; (B)the amount of fines actually collected from each operator; and (C)the total amount of fines assessed, and the total amount of fines collected, under this Act. (2)

Availability on Internet

The Secretary shall post the report described in paragraph (1) on the website of the Department of Labor in a conspicuous and prominent location. .

3.

Increasing authorization of appropriations for health and safety grants

Section 503(h) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 953(h)) is amended in the first sentence by striking $10,000,000 and inserting $20,000,000.