[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