[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2803 Reported in Senate (RS)]
Calendar No. 439
109th CONGRESS
2d Session
S. 2803
To amend the Federal Mine Safety and Health Act of 1977 to improve the
safety of mines and mining.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2006
Mr. Enzi (for himself, Mr. Kennedy, Mr. Isakson, Mrs. Murray, Mr.
Rockefeller, Mr. Byrd, Mr. DeWine, Mr. Santorum, Mr. Specter, Mr.
McConnell, Mr. Bunning, and Mr. Obama) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
May 23, 2006
Reported by Mr. Frist for Mr. Enzi, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Mine Improvement and New
Emergency Response Act of 2006'' or the ``MINER Act''.</DELETED>
<DELETED>SEC. 2. EMERGENCY RESPONSE.</DELETED>
<DELETED> Section 316 of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 876) is amended--</DELETED>
<DELETED> (1) in the section heading by adding at the end
the following: ``and emergency response plans'';</DELETED>
<DELETED> (2) by striking ``Telephone'' and inserting ``(a)
In General.--Telephone''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(b) Accident Preparedness and Response.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Response and preparedness plan.--</DELETED>
<DELETED> ``(A) In general.--Not later than 60 days
after the date of enactment of the Mine Improvement and
New Emergency Response Act of 2006, 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.</DELETED>
<DELETED> ``(B) Plan requirements.--An accident
response plan under subparagraph (A) shall--</DELETED>
<DELETED> ``(i) provide for the evacuation
of all individuals endangered by an emergency;
and</DELETED>
<DELETED> ``(ii) provide for the maintenance
of individuals trapped underground in the event
that miners are not able to evacuate the
mine.</DELETED>
<DELETED> ``(C) Plan approval.--The accident
response plan under subparagraph (A) shall be subject
to review and approval by the Secretary. In determining
whether to approve a particular plan the Secretary
shall take into consideration all comments submitted by
miners or their representatives. Approved plans shall--
</DELETED>
<DELETED> ``(i) afford miners a level of
safety protection at least consistent with the
existing standards, including standards
mandated by law and regulation;</DELETED>
<DELETED> ``(ii) reflect the most recent
credible scientific research;</DELETED>
<DELETED> ``(iii) be technologically
feasible, make use of current commercially
available technology, and account for the
specific physical characteristics of the mine;
and</DELETED>
<DELETED> ``(iv) reflect the improvements in
mine safety gained from experience under this
Act and other worker safety and health
laws.</DELETED>
<DELETED> ``(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 all comments submitted by miners and
miners' representatives and intervening advancements in
science and technology that could be implemented to
enhance miners' ability to evacuate or otherwise
survive in an emergency.</DELETED>
<DELETED> ``(E) Plan content-general requirements.--
To be approved under subparagraph (C), an accident
response plan shall include the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iii) Post-accident breathable
air.--The plan shall provide for--</DELETED>
<DELETED> ``(I) emergency supplies
of breathable air for individuals
trapped underground sufficient to
maintain such individuals for a
sustained period of time;</DELETED>
<DELETED> ``(II) caches of self-
rescuers providing in the aggregate not
less than 2 hours for each 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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(IV) training for each
miner in proper procedures for donning
self-rescuers, switching from one unit
to another, and ensuring a proper
fit.</DELETED>
<DELETED> ``(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 the Mine Improvement
and New Emergency Response Act of
2006.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(F) Plan content-specific
requirements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Post accident
communications.--Not later than 3 years after
the date of enactment of the Mine Improvement
and New Emergency Response Act of 2006, 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.</DELETED>
<DELETED> ``(G) Plan dispute resolution.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Disputes.--In the event of
a dispute or refusal described in clause (i),
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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iv) Rule of construction.--
Nothing in this subparagraph shall be construed
to modify the authority of the Secretary to
issue citations or orders as provided for in
this Act.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. INCIDENT COMMAND AND CONTROL.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RESCUE
OPERATIONS.</DELETED>
<DELETED> ``(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 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. Nothing in this
section shall be construed to preempt State workers' compensation
laws</DELETED>
<DELETED> ``(b) Covered Individual.--For purposes of subsection (a),
the term `covered individual' means an individual--</DELETED>
<DELETED> ``(1) who is a member of a mine rescue team or who
is otherwise a volunteer with respect to a mine accident;
and</DELETED>
<DELETED> ``(2) who is carrying out activities relating to
mine accident rescue or recovery operations.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 4. MINE RESCUE TEAMS.</DELETED>
<DELETED> Section 115(e) of the Federal Mine Safety and Health Act
of 1977 (30 U.S.C. 825(e)) is amended--</DELETED>
<DELETED> (1) by inserting ``(1)'' after the subsection
designation; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(1)(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 the Mine Improvement and
New Emergency Response Act of 2006.</DELETED>
<DELETED> ``(B) Such regulations shall provide for the
following:</DELETED>
<DELETED> ``(i) That such regulations shall not be construed
to waive operator training requirements applicable to existing
mine rescue teams.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iii)(I) That the operator of each underground
coal mine with more than 36 employees--</DELETED>
<DELETED> ``(aa) have an employee knowledgeable in
mine emergency response who is employed at the mine on
each shift at each underground mine; and</DELETED>
<DELETED> ``(bb) make available two certified mine
rescue teams whose members--</DELETED>
<DELETED> ``(AA) are familiar with the
operations of such coal mine;</DELETED>
<DELETED> ``(BB) participate at least
annually in two local mine rescue
contests;</DELETED>
<DELETED> ``(CC) participate at least
annually in mine rescue training at the
underground coal mine covered by the mine
rescue team; and</DELETED>
<DELETED> ``(DD) are available at the mine
within one hour ground travel time from the
mine rescue station.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(bb) The following options may be used by an
operator to comply with the requirements of item
(aa):</DELETED>
<DELETED> ``(AA) An individual mine-site mine rescue
team.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(aaa) which provides coverage
for multiple operators that have team members
which include at least two active employees
from each of the covered mines;</DELETED>
<DELETED> ``(bbb) which provides coverage
for multiple mines owned by the same operator
which members include at least two active
employees from each mine; or</DELETED>
<DELETED> ``(ccc) which is a State-sponsored
mine rescue team comprised of at least two
active employees from each of the covered
mines.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(aaa) trains on a quarterly
basis at covered underground coal
mines;</DELETED>
<DELETED> ``(bbb) is knowledgeable about the
operations and ventilation of the covered
mines; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(DD) A State-sponsored team made up of
State employees.</DELETED>
<DELETED> ``(iv) That the operator of each underground coal
mine with 36 or less employees shall--</DELETED>
<DELETED> ``(I) have an employee on each shift who
is knowledgeable in mine emergency responses;
and</DELETED>
<DELETED> ``(II) make available two certified mine
rescue teams whose members--</DELETED>
<DELETED> ``(aa) are familiar with the
operations of such coal mine;</DELETED>
<DELETED> ``(bb) participate at least
annually in two local mine rescue
contests;</DELETED>
<DELETED> ``(cc) participate at least semi-
annually in mine rescue training at the
underground coal mine covered by the mine
rescue team;</DELETED>
<DELETED> ``(dd) are available at the mine
within one hour ground travel time from the
mine rescue station;</DELETED>
<DELETED> ``(ee) are knowledgeable about the
operations and ventilation of the covered
mines; and</DELETED>
<DELETED> ``(ff) 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.''.</DELETED>
<DELETED>SEC. 5. PROMPT INCIDENT NOTIFICATION.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (b) Penalty.--Section 110(a) of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 820(a)) is amended--</DELETED>
<DELETED> (1) by striking ``The operator'' and inserting
``(1) The operator''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
HEALTH.</DELETED>
<DELETED> (a) Grants.--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:</DELETED>
<DELETED> ``(h) Office of Mine Safety and Health.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) award competitive grants to
institutions and private entities to encourage the
development and manufacture of mine safety
equipment;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) establish an interagency working
group as provided for in paragraph (5).</DELETED>
<DELETED> ``(4) Grant authority.--To be eligible to receive
a grant under the authority provided for under paragraph
(3)(A), an entity or institution shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Interagency working group.--</DELETED>
<DELETED> ``(A) Establishment.--The Director of the
Institute, in carrying out paragraph (3)(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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, 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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS.</DELETED>
<DELETED> The Secretary of Labor shall establish a policy that--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. PENALTIES.</DELETED>
<DELETED> (a) In General.--Section 110 of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 820) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by inserting ``(1)'' after the
subsection designation; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3)(A) The minimum penalty for any citation issued under
section 104(d)(1) shall be $2,000.</DELETED>
<DELETED> ``(B) The minimum penalty for a failure or refusal to
comply with any order issued under section 104(d)(2) shall be
$4,000.</DELETED>
<DELETED> ``(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
the minimum penalties required under this subsection.''; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. FINE COLLECTIONS.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 10. SEALING OF ABANDONED AREAS.</DELETED>
<DELETED> 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 75.335(a)(2) of title 30, Code
of Federal Regulations.</DELETED>
<DELETED>SEC. 11. TECHNICAL STUDY PANEL.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 514. TECHNICAL STUDY PANEL.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Membership.--The Panel shall be composed of--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) two individuals to be appointed by the
Secretary of Labor, in consultation with the Assistant
Secretary for Mine Safety and Health; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Report.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 12. SCHOLARSHIPS.</DELETED>
<DELETED> Title V of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 951 et seq.), as amended by section 12, is further amended
by adding at the end the following:</DELETED>
<DELETED>``SEC. 515. SCHOLARSHIPS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Fundamental Skills Scholarships.--</DELETED>
<DELETED> ``(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 coal miner.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Eligibility.--To be eligible to receive a
scholarship under this subsection an individual shall--
</DELETED>
<DELETED> ``(A) have a high school diploma or a
GED;</DELETED>
<DELETED> ``(B) have at least 2 years experience in
full-time employment in mining or mining-related
activities;</DELETED>
<DELETED> ``(C) submit to the Secretary an
application at such time, in such manner, and
containing such information; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Mine Safety Inspector Scholarships.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Eligibility.--To be eligible to receive a
scholarship under this subsection an individual shall--
</DELETED>
<DELETED> ``(A) have a high school diploma or a
GED;</DELETED>
<DELETED> ``(B) have at least 5 years experience in
full-time employment in mining or mining-related
activities;</DELETED>
<DELETED> ``(C) submit to the Secretary an
application at such time, in such manner, and
containing such information; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Advanced Research Scholarships.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Eligibility.--To be eligible to receive a
scholarship under this subsection an individual shall--
</DELETED>
<DELETED> ``(A) have a bachelor's degree or
equivalent from an accredited 4-year
institution;</DELETED>
<DELETED> ``(B) have at least 5 years experience in
full-time employment in underground mining or mining-
related activities; and</DELETED>
<DELETED> ``(C) submit to the Secretary an
application at such time, in such manner, and
containing such information.</DELETED>
<DELETED> ``(e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary to carry
out this section.''.</DELETED>
<DELETED>SEC. 13. RESEARCH CONCERNING REFUGE ALTERNATIVES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Report.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 14. SAGO MINE SAFETY GRANTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--</DELETED>
<DELETED> (1) be a public or private nonprofit entity;
and</DELETED>
<DELETED> (2) submit to the Secretary of Labor an
application at such time, in such manner, and containing such
information as the Secretary may require.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Awarding of Grants.--</DELETED>
<DELETED> (1) Annual basis.--Grants under this section shall
be awarded on an annual basis.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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 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 the Mine Improvement and New
Emergency Response Act of 2006, 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. In determining whether to
approve a particular plan the Secretary shall take into
consideration all comments submitted by miners or their
representatives. Approved plans shall--
``(i) afford miners a level of safety
protection at least consistent with the
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 all
comments submitted by miners or miners' representatives
and 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 Mine Improvement
and New Emergency Response Act of 2006,
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 the Mine Improvement
and New Emergency Response Act of 2006.
``(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 Mine Improvement and New Emergency
Response Act of 2006, 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 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. 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 the Mine Improvement and New
Emergency Response Act of 2006.
``(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 two
local mine rescue contests;
``(CC) participate at least annually in
mine rescue training at the underground coal
mine covered by the mine rescue team; and
``(DD) 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 annually in two
local mine rescue contests;
``(cc) participate at least semi-annually
in mine rescue training at the underground coal
mine covered by the mine rescue team;
``(dd) are available at the mine within one
hour ground travel time from the mine rescue
station;
``(ee) are knowledgeable about the
operations and ventilation of the covered
mines; and
``(ff) 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) Grants.--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)(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) 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
(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. 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 75.335(a)(2) of title 30, Code of
Federal Regulations.
SEC. 11. TECHNICAL STUDY PANEL.
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. 12. 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 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 universities 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 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. 13. 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. 14. 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.
Calendar No. 439
109th CONGRESS
2d Session
S. 2803
_______________________________________________________________________
A BILL
To amend the Federal Mine Safety and Health Act of 1977 to improve the
safety of mines and mining.
_______________________________________________________________________
May 23, 2006
Reported with an amendment