1.Short title; table of
contents
(a)This Act may be cited
as the Miner Health and Safety
Enhancement Act of 2007
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of congress.
Sec. 3. Definitions; references.
Title I—Actions to Further Protect Underground Miners in the
Event of an Emergency
Sec. 101. Enhanced standards to avoid accidents like those at
the sago, aracoma alma, and darby mines in 2006.
Sec. 102. Inspections and inspectors.
Sec. 103. Enhancing operator and owner incentives to avoid
serious risks to miners.
Sec. 104. Facilitating the prompt initiation of rescue and mine
recovery efforts.
Sec. 105. Accident and incident investigations.
Sec. 106. Approval and research priorities.
Title II—Actions Required to Fulfill the Intent of the Federal
Mine Safety and Health Act of 1977
Sec. 201. Revising health standards set pursuant to the 1977
Act.
Sec. 202. Regulatory priorities and process.
Sec. 203. Clarifications of intent in the 1977 Act.
Sec. 204. Federal licensing.
2.It is the sense of
Congress that—
(1)while the Mine
Improvement and New Emergency Response Act of 2006 (Public Law 109–236) was an
essential first step in addressing the many health and safety hazards that
miners still face, supplemental action is necessary and feasible to better
protect miners in coal and other mines; and
(2)whereas the
Secretary of Labor has failed in recent years to adequately fulfill the
Secretary’s obligations under the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 801 et seq.), additional Congressional intervention is
needed.
3.
(a)As
used in this Act—
(1)the
term Secretary
refers to the Secretary of Labor; and
(2)any other term
used in this Act that is defined in section 3 of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 802) shall have the meaning given the term in
such section.
(b)Except
as otherwise expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or other
provision of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et
seq.).
<enum>I</enum><header>Actions to Further
Protect Underground Miners in the Event of an Emergency</header>
<section id="HEA90A0E326184AF9939FF12E00F90052"><enum>101.</enum><header>Enhanced
standards to avoid accidents like those at the sago, aracoma alma, and darby
mines in 2006</header>
<subsection id="H2BBA981DAD77417BBB6C00BA89F447C2"><enum>(a)</enum><header>Post accident
communications</header><text display-inline="yes-display-inline">Section
316(b)(2)(F)(ii) (30 U.S.C. 876(b)(2)(F)(ii)) is amended—</text>
<paragraph id="HE39460F42A1240DE97C627F434E613D1"><enum>(1)</enum><text>by striking
<quote>Not later than</quote> and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="idA11AC411E7784999BFCF5627CF4D69A5" style="OLC">
<subclause id="idC70EB6DF1DC3430AAC8173ACAE72273E"><enum>(II)</enum><header>Additional
requirements</header><text>Not later
than</text>
</subclause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="H9CC7E58825F049789B831003938C52E9"><enum>(2)</enum><text>by inserting after
the clause designation and heading the following:</text>
<quoted-block display-inline="no-display-inline" id="id792B366B846046FBA2F54B908DC1367D" style="OLC">
<subclause id="id06D3E5125D5C4BC8BBA2323436CEAD7C"><enum>(I)</enum><header>Initial
Requirements</header><text>Not later than 120 days after the enactment of the
<short-title>Miner Health and Safety Enhancement Act of
2007</short-title>, a plan shall, to be in approved status, provide for a post
accident communication system between underground and surface personnel, and
for an electronic tracking system permitting surface personnel to determine the
location of any persons trapped underground, that utilizes a system at least as
effective as a <quote>leaky feeder</quote> type communication and tracking
system. These systems shall be <quote>hardened</quote> to the extent possible
to ensure, to the greatest extent possible, their survivability in the event of
a mine disaster. In addition, to be in approved status, an emergency response
plan must be revised promptly to incorporate new technology that the National
Institute for Occupational Safety and Health certifies can be added to the
existing system to improve its ability to facilitate post-accident
communication with or tracking of miners. No miner shall be disciplined based
solely on information obtained from an electronic communications and tracking
system.</text>
</subclause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HDA8E64B495E044CAA44D1722375C6D94"><enum>(b)</enum><header>Underground
refuges</header><text display-inline="yes-display-inline">Section 316(b)(2)(E)
(30 U.S.C. 876(b)(2)(E)) is amended by adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="H1E464C6F4E96432AB2335F541BDDA800" style="traditional">
<clause commented="no" id="H1A5D85F0A4AA4B82B1D8B103FE422400" indent="up1"><enum>(vi)</enum><header>Final regulations</header><text display-inline="yes-display-inline">Not later than June 15, 2008, the Secretary
shall issue final regulations, consistent with the design criteria recommended
by the National Institute for Occupational Safety and Health under section 12
of the MINER Act, requiring the installation of rescue chambers in the working
areas of underground coal
mines.</text>
</clause><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H3D2991E7C92C4BDA00BCD9C41AE9059"><enum>(c)</enum><header>Improvements to
seals, ventilation controls, and rock dusting To limit the damage from
explosions</header>
<paragraph id="H7EF6CAA07C2B4A14BD8D1C1E7961E42E"><enum>(1)</enum><header>Repeal</header><text>The
Mine Improvement and New Emergency Response Act of 2006 (30 U.S.C. 801 note) is
amended by striking section 10 and redesignating sections 11 through 14 as
sections 10 through 13, respectively.</text>
</paragraph><paragraph id="H868ED9F223024D7496CFE1C65EBE93"><enum>(2)</enum><header>Seals</header><text>Section
303(z) of the Mine Safety and Health Act (30 U.S.C. 863(z)) is amended by
adding at the end the following:</text>
<quoted-block id="H779FA7CC7C1944CFA6C00085F1AC617" style="traditional">
<paragraph id="H591953375E1948E99C57050980BF3653" indent="up1"><enum>(4)</enum><text>Not later than December 15, 2007, the
Secretary shall issue final rules regarding approval, design, construction,
inspection, maintenance, and monitoring of underground coal mine seals. The
Secretary shall inspect all seals under construction after that date, during at
least part of their construction, to ensure the mine operator is complying with
the approved seal plan, and shall develop an inspection protocol for this
purpose. Except as otherwise provided by this paragraph, these regulations
shall implement the recommendations of the National Institute for Occupational
Safety and Health. The regulations shall require that all areas of the mine
sealed after June 15, 2007, shall be monitored. Monitoring of seals shall be
done both by—</text>
<subparagraph id="H97A4852B15114632B44F3D5747659D2C"><enum>(A)</enum><text>sampling through at least 1 seal in
each bank of seals; and</text>
</subparagraph><subparagraph id="HD7931F7B25044CE18610A79803F967DC"><enum>(B)</enum><text>sampling through a sufficient number
of boreholes from the surface to the sealed areas underground to effectively
determine the gas concentrations within the
area.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H83A696126A5F4C8381B3FAC58A05DE9"><enum>(3)</enum><header>Ventilation
controls</header><text>Section 303(c) (30 U.S.C. 863(c)) is amended by
inserting at the end the following new paragraph:</text>
<quoted-block id="H5D3365A1DF854D9CBB34C41DADD9BE00" style="traditional">
<paragraph id="H20B3154EBA7C4E1A9987D29F3549C1F6" indent="up1"><enum>(4)</enum><text>Not later than 1 year after the date
of enactment of the <short-title>Miner Health and Safety
Enhancement Act of 2007</short-title>, the Secretary shall publish interim
final regulations to enhance the survivability of underground mine ventilation
controls. The Secretary shall require that brattice walls, overcasts,
undercasts, regulators, and all other ventilation structures be constructed
using solid concrete blocks laid wet and sealed with an appropriate bonding
agent on at least the side subjected to the velocity of the intake air coursing
through the
entry.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="HBD969A53AA504D6FA34DF6F8C9C54B95"><enum>(4)</enum><header>Rock
dusting</header><text>Section 304(d) (30 U.S.C. 864) is amended by adding at
the end the following: <quote>Not later than June 15, 2009, the National
Institute for Occupational Safety and Health shall issue recommendations as to
whether changes to these requirements are necessary to ensure an equivalent
level of protection in light of any changes to the size and composition of coal
dust since these requirements were established, and the Secretary of Labor
shall take appropriate action, including the issuance of an emergency temporary
standard if warranted, to respond to these recommendations.</quote>.</text>
</paragraph></subsection><subsection id="H77017669964A42D2A8FC59F7FA196237"><enum>(d)</enum><header>Limiting
conveyor belt risks</header>
<paragraph id="HABB9E3B557EF4D28005E590921B8A0AD"><enum>(1)</enum><header>Flame resistant
conveyor belts</header><text>Section 311(h) is amended by adding at the end the
following: <quote>Not later than December 31, 2007, the Secretary shall publish
interim final regulations to ensure that all conveyor belts in use in
underground coal mines are replaced, as soon as practicable, with belts that
can meet the flame resistance requirements recommended by the National
Institute for Occupational Safety and Health. Any conveyor belt installed in a
coal mine after December 31, 2008, shall meet the flame resistance requirements
recommended by the National Institute for Occupational Safety and Health. Such
action by the Secretary shall not diminish in any way the obligation of the
Secretary to take appropriate additional action under this Act following
completion of the reports by the Technical Study Panel, pursuant to section
514.</quote>.</text>
</paragraph><paragraph id="H306AC036BD2C42A8A44623F3B9A9D561"><enum>(2)</enum><header>Belt
air</header><text>Section 303(y) (30 U.S.C. 863(y)) is amended by adding at the
end the following:</text>
<quoted-block id="HB9A2E8B44FC34E799F99428C14746B75" style="traditional">
<paragraph id="HCA5469CEEBF44608A29C009BA3E7389D" indent="up1"><enum>(3)</enum><text>Not later than June 20, 2008, the
Secretary shall revise the regulations prescribed pursuant to this section to
require, in any coal mine, regardless of the date on which the coal mine was
opened, that belt haulage entries not be used to ventilate active working
places.</text>
</paragraph><paragraph id="HF865486B114E4400A9D140715F7FF354" indent="up1"><enum>(4)</enum><text>No proposed plan, or proposed
modification, that utilizes belt haulage entries to ventilate active working
places shall be approved after the date of enactment of the
<short-title>Miner Health and Safety Enhancement Act of
2007</short-title>. Plans that have been approved by the Secretary prior to the
date of enactment of the <short-title>Miner Health and
Safety Enhancement Act of 2007</short-title> that permit the use of belt-air to
ventilate active working places in a mine are permitted to remain in use to
complete current mining up until the date of issuance of the regulation
required pursuant to subsection (3).</text>
</paragraph><paragraph id="H7BAAFC9728B44842A5F2D4FDC9CFDE59" indent="up1"><enum>(5)</enum><text>Nothing in this subsection shall
limit the obligation of the Secretary to take appropriate additional action
under this Act following completion of the reports by the Technical Study
Panel, pursuant to section
514.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HF9C639482E294B95AB3BC1ECAF94DF8"><enum>(e)</enum><header>Pre-shift review
of mine conditions</header><text>Section 303(d) (30 U.S.C. 863(d)) is amended
by adding at the end the following new paragraph:</text>
<quoted-block id="H22C9A95EDDD34053B1A22E4995C4D302" style="traditional">
<paragraph id="H8245D4F44B69406D9DA98220C0E676ED" indent="up1"><enum>(3)</enum><text>Not later than 90 days after the date
of enactment of the <short-title>Miner Health and Safety
Enhancement Act of 2007</short-title>, each mine operator shall be required to
implement a communication program at each of the operator's facilities to
insure management and miners entering the operation at the start of their shift
are aware of the current conditions of the mine in general and their specific
workplace in particular. In an effort to facilitate these communications, all
agents of the operator who are responsible for ensuring the safe and healthful
working conditions at the mine, including mine foremen, assistant mine foremen,
and mine examiners, shall, upon exiting the mine or workplace, meet with their
counterparts on the oncoming shift to verbally update their counterparts on the
conditions such agents observed during their shift, including any conditions
that are abnormal or hazardous. Prior to entering the mine or other workplace,
the oncoming agent of the operator shall meet with all members of the crew that
the agent is responsible for and inform the crew of the general conditions at
the operation and in their specific work area. This process shall be completed
prior to the start of each shift at the operation and recorded in a book
designated for that purpose and available for inspection by all interested
parties. In the event the operation is idle prior to the start of any shift,
the agent of the operator shall meet with the individual or individuals who
were responsible for examining the mine to obtain the necessary
information.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HB027B22D3BDB4FB2BD2886BDC74D2465"><enum>(f)</enum><header>Atmospheric
monitoring systems</header><text>Section 317 (30 U.S.C. 877) is amended by
adding at the end the following:</text>
<quoted-block id="HE413EB25A23443CCB507BE6F8F3F24" style="traditional">
<subsection id="H6D698274C0AF4CE58455E5B1AF163823"><enum>(u)</enum><text>Not later than May
1, 2008, an operator of an underground mine shall install atmospheric
monitoring systems in all underground areas where miners normally work and
travel that provide real-time information regarding methane levels, carbon
monoxide levels, oxygen levels, air flow, smoke, and temperature, and that can,
to the maximum extent possible, withstand explosions and
fires.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H2C0BBF3978584854BEA3EDAB67B7B865"><enum>(g)</enum><header>Methane
monitors</header><text>Section 303(h) (30 U.S.C. 863(h)) is amended by
redesignating paragraph (2) as paragraph (3), and inserting after paragraph (1)
the following new paragraph:</text>
<quoted-block id="H7FD0E6C6B7D642BF878FFBC800007B26" style="traditional">
<paragraph id="HCA6297369E8F4AFFAA6E2747B9F500B5" indent="up1"><enum>(2)</enum><text>Each miner who may be working alone
for part of a shift shall be equipped with a multi-gas detector that measures
current levels of methane, oxygen, and carbon
monoxide.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HF018983C35694BBB961DFC2EBC9DD7D1"><enum>(h)</enum><header>Lightning</header>
<paragraph id="H36AF80B3FE8A490BAF4B5D4C9BC33769"><enum>(1)</enum><header>administrative
action</header><text>Section 307 (30 U.S.C. 867) is amended by adding at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="HA9C1CB7149E544939FE306D92184E390" style="traditional">
<subsection id="HC3C7CD65C38B44E1B2CECB9984CBC0C8"><enum>(f)</enum><text>In the event
lightning is present in or around a mining operation, mine operators who cannot
fully protect their miners from the effects of lightning through grounding and
other engineering controls shall use appropriate administrative controls to do
so, including withdrawal of miners from all underground areas of the mine.
Failure to take appropriate administration action shall be treated as a
significant and substantial violation of the this Act. Miners withdrawn as a
result of this action shall suffer no loss in pay or other
compensation.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph commented="no" id="H7E0E510B64EA466598A6436D1C20A700"><enum>(2)</enum><header>Recommendations</header><text display-inline="yes-display-inline">Not later than 1 year after the date of
enactment of this Act, the Secretary shall contract with the National Academy
of Science to provide, to the Secretary and to Congress, recommendations
on—</text>
<subparagraph commented="no" id="H8D7962A6904844E69C1B76A6DB2EC95"><enum>(A)</enum><text>actions that need
to be taken to strengthen existing requirements in law or regulations to ensure
that miners are protected, to the fullest extent permitted, from potential
damage that could be generated because of lightning strikes near a mine;</text>
</subparagraph><subparagraph commented="no" id="H7A1BDF3E66BE4F2E966100DE99F6BB6D"><enum>(B)</enum><text>recommendations
for adopting any existing technology to the mining environment; and</text>
</subparagraph><subparagraph commented="no" id="H6939D228DFCD4FC7B8E8041DFB19C11D"><enum>(C)</enum><text>research needed
for improved technology.</text>
</subparagraph></paragraph></subsection><subsection id="H2D64311D22174A528D8470BBF455699"><enum>(i)</enum><header>SCSR inspection
program</header><text>The Secretary shall—</text>
<paragraph id="HE1B7043978D243B988A9B400C2DBB3A1"><enum>(1)</enum><text>establish a
program to randomly remove and have tested at least 5 percent of the field
samples of each model of self-rescue device used in an underground coal mine no
less frequently than every 6 months, in order to ensure that the self-rescue
devices in coal mine inventories are working in accordance with the approval
criteria for such devices, and mine operators shall be responsible for the
costs to replace required self-rescue devices taken from their operation by the
Secretary for random testing;</text>
</paragraph><paragraph id="H307EC3C2927D4DA4B76F1B28391D1EAF"><enum>(2)</enum><text>require a
manufacturer of a self-rescue device and the mine operator who owns a device
to—</text>
<subparagraph id="idE2B22A7687204354B19D4AC0DFC0A651"><enum>(A)</enum><text>contact the
Secretary immediately upon notification of any potential problem with any such
device; and</text>
</subparagraph><subparagraph id="idF183CF3EB88B49198FE337C8C69F2C89"><enum>(B)</enum><text>provide a copy of
such notice to the representative of miners at the affected operation;
and</text>
</subparagraph></paragraph><paragraph id="HAC20CB4BC77B4970B47FD16FD29C1C00"><enum>(3)</enum><text>notify immediately
all operators of underground coal mines if the Secretary detects or is advised
of any problems with the self-rescue devices.</text>
</paragraph></subsection><subsection id="HC077255DDA5B42DE885FB05BD9404DF5"><enum>(j)</enum><header>Application to
underground metal and nonmetal mines</header><text>The Secretary shall promptly
establish an advisory committee to provide recommendations as to the need to
revise the regulations applicable to underground metal and nonmetal mines to
ensure that miners in such mines are as protected in emergency situations as
will be underground coal miners following the full implementation of the Mine
Improvement and New Emergency Response Act of 2006, the provisions of this Act,
and related actions by the Secretary. The advisory committee shall be
established pursuant to the Federal Advisory Committee Act, and shall provide
recommendations to the Secretary and to Congress not later than 21 months after
the date of enactment of this Act, including recommendations as to any action
by Congress that could facilitate the goal of providing equivalent protections
to miners in underground metal and nonmetal mines.</text>
</subsection></section><section id="H6A1B6E938EB54ADCB74BA6FC008E016C"><enum>102.</enum><header>Inspections and
inspectors</header>
<subsection id="HD08DBB17FA6F4DABB6AAE6F543ED163F"><enum>(a)</enum><header>Authority of
inspectors</header><text>Section 103 (30 U.S.C. 813) is amended—</text>
<paragraph id="H4D4E2CC5F1C04EA585D312E319BA1B19"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a), by adding at the end the
following: <quote>No person shall limit or otherwise prevent the Secretary from
entry on a coal or other mine, or interfere with the Secretary’s inspection
activities, investigative activities, or rescue or recovery
activities.</quote>; and</text>
</paragraph><paragraph id="HFF0C3C30F7EF4602A5CCB0D300A8BDE8"><enum>(2)</enum><text>in subsection
(k)—</text>
<subparagraph id="HD1057D39A8824900A2F3D5C5BBC6222F"><enum>(A)</enum><text>by striking
<quote>, when present,</quote>; and</text>
</subparagraph><subparagraph id="HA4F82BBB8F5A4A2DA8AFF5C905DA0123"><enum>(B)</enum><text>by adding at the
end the following: <quote>In the event of any accident occurring in a coal or
other mine, where rescue and recovery work is necessary, the Secretary or an
authorized representative of the Secretary shall take whatever action the
Secretary determines appropriate to protect the life of any person, and may
supervise and direct the rescue and recovery activities in such
mine.</quote>.</text>
</subparagraph></paragraph></subsection><subsection id="HA70A13AA36264A6FB0C3F700CCAA9042"><enum>(b)</enum><header>Transition to a
new generation of inspectors</header><text>Section 505 (30 U.S.C. 954) is
amended—</text>
<paragraph id="H52291251389F4D838CA6BF53996C2EE7"><enum>(1)</enum><text>by striking
<quote>The Secretary</quote> the first place it appears and inserting
<quote>(a) The Secretary</quote>; and</text>
</paragraph><paragraph id="H60170D680BBE4E1D8753C61914AD0C9"><enum>(2)</enum><text>by
adding at the end the following:</text>
<quoted-block id="HC42939BA3BE34A1DA596CDAD56469F61" style="traditional">
<subsection id="HB0D1D548B80D412C84ADB9500FFEC1"><enum>(b)</enum><text>Not later than 270
days after the date of enactment of the <short-title>Miner
Health and Safety Enhancement Act of 2007</short-title>, the Secretary shall
establish a Master Inspector program to ensure that the most experienced and
skilled employees in the United States have the incentive, in terms of
responsibilities and pay, to serve as mine safety and health inspectors in the
mines of the United States.</text>
</subsection><subsection id="HA50469A8746543B39EDB8E9505C21346"><enum>(c)</enum><text>In order to ensure
that the Secretary has adequate time to provide that a sufficient number of
qualified and properly trained inspectors of the Mine Safety and Health
Administration are in place before any inspectors employed as of the date of
enactment of the <short-title>Miner Health and Safety
Enhancement Act of 2007</short-title> retire, any ceilings on the number of
personnel that may be employed by the Administration with respect to mine
inspectors are abolished for the 5-year period beginning on the date of
enactment of such Act.</text>
</subsection><subsection id="HDC3293E29A0D4664B73144F016DB26F6"><enum>(d)</enum><text>In the event that,
notwithstanding the actions taken by the Secretary to hire and train qualified
inspectors, the Secretary is temporarily unable, at any time during the 5-year
period beginning on the date of enactment of the
<short-title>Miner Health and Safety Enhancement Act of
2007</short-title>, to employ the number of inspectors required to staff all
district offices devoted to coal mines at the offices’ highest historical
levels without transferring personnel from supervisory or plan review
activities or diminishing current inspection resources devoted to other types
of mines, the Administration is authorized to hire retired inspectors on a
contractual basis to conduct mine inspections, and the retirement benefits of
such retired inspectors shall not be reduced as a result of such temporary
contractual employment.</text>
</subsection><subsection id="HBDC1420806F94C39BFAF34FFBAD18E71"><enum>(e)</enum><text>During the 5-year
period beginning on the date of enactment of the
<short-title>Miner Health and Safety Enhancement Act of
2007</short-title>, the Secretary shall issue a special report to the
appropriate committees of Congress each year, or at such more frequent
intervals as the Secretary or any such committee may consider appropriate,
providing information about the actions being taken under this section, the
size and training of the inspector workforce at the Administration, the level
of enforcement activities, and the number of requests by individual operators
of mines for compliance
assistance.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection></section><section id="H5B583DC03B3B4B6CB3584E790077DB72"><enum>103.</enum><header>Enhancing
operator and owner incentives to avoid serious risks to miners</header>
<subsection id="H13DC3FA50876452894ACFCC31E4BF984"><enum>(a)</enum><header>Pattern of
violations</header>
<paragraph id="H47EB38F93080400FA93727383807B932"><enum>(1)</enum><header>Prompt
identification of pattern</header><text>Not later than 3 months after the date
of enactment of this Act, the Secretary shall revise the regulations issued by
the Secretary under section 104(e) of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 814(e)) as in effect on the day before such date of enactment,
so that the regulations provide that—</text>
<subparagraph id="H02EDC702E79244A18F0116417EEC073E"><enum>(A)</enum><text>when a potential
pattern of violations is identified by any inspector or district manager of the
Administration, the operator of the coal or other mine and the authorized
representative of miners for the mine shall be notified by the inspector or
district manager not later than 10 days after such identification; and</text>
</subparagraph><subparagraph id="HAA7250378F334B6891A0F141C650E14F"><enum>(B)</enum><text>after receiving
the notification described in subparagraph (A), the appropriate official of the
Mine Safety and Health Administration shall promptly review any such potential
pattern of violations and, not later than 45 days after receiving such
notification, make a final decision as to whether a citation for a violation of
section 104(e) of such Act should be issued in light of the gravity of the
violations and the operator’s conduct in connection therewith.</text>
</subparagraph></paragraph><paragraph id="H5AB0CC1F80E0494483CAB8FF97989899"><enum>(2)</enum><header>Identification
of pattern</header><text>Section 104(e)(1) (30 U.S.C. 814(e)(1)) is amended by
inserting after the first sentence the following: <quote>In determining whether
a pattern of violations exists, the Secretary shall give due consideration to
all relevant information, such as the gravity of the violations, operator
negligence, history of violations, the number of inspection shifts the
Secretary or the agents of the Secretary have spent at the operation, and the
frequency of violations per number of inspection days spent at the
operation.</quote>.</text>
</paragraph><paragraph id="H9DAE3810DD2C4766AD66F2327231800"><enum>(3)</enum><header>Termination of
pattern</header><text display-inline="yes-display-inline">Section 104(e)(3) (30
U.S.C. 814(e)(3)) is amended by adding at the end the following: <quote>In
addition, if an operator subject to paragraphs (1) and (2) demonstrates
objective evidence that the operator is correcting the problems that gave rise
to the pattern of violations, and the violation frequency rate for such
operator declines significantly for a period of 180 days, the withdrawal order
provisions of paragraphs (1) and (2) shall no longer apply.</quote>.</text>
</paragraph><paragraph id="HA6E377EEC87F40649000544DE300C5C8"><enum>(4)</enum><header>Fine for a
pattern of violations</header><text>Section 110 (30 U.S.C. 820) is
amended—</text>
<subparagraph id="H219D9FB1CFCA4D1CBA29D97C017EA039"><enum>(A)</enum><text>by redesignating
subsections (i) through (l) as subsections (j) through (m), respectively;
and</text>
</subparagraph><subparagraph id="HBB1829D897D94C81A16717FB78717952"><enum>(B)</enum><text>by inserting after
subsection (h) the following:</text>
<quoted-block id="H532202114B9D47A5A1258B8E79176C6C" style="traditional">
<subsection id="HE325F04AE7CA467EBA967C32D2BC64E0"><enum>(i)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H9CD9D1E7F26148C6A2CBC0FD158E00A6"><enum>(1)</enum><text>If the Secretary
determines that a pattern of violations under section 104(e) exists, the
Secretary shall assess a penalty, in addition to any other penalty authorized
in this Act for a violation of such section, of not less than $50,000 nor more
than $250,000. All operators of the mine, including any corporate owners, shall
be jointly and severally liable for such penalty. The amount of the assessment
under this paragraph shall be designed to ensure a change in the future conduct
of the operators and corporate owners of such mine with respect to mine safety
and health, given the overall resources of such operators. Notwithstanding
subsection (k) or section 113, a penalty assessed by the Secretary under this
paragraph may not be reduced by the Commission.</text>
</paragraph><paragraph id="H0D3BD309D3BA41368C8954CED8C239DF" indent="up1"><enum>(2)</enum><text>In addition to the authority to
withdraw miners from an area of a coal or other mine pursuant to section
104(e), the Secretary shall withdraw all miners from the entire mine when any
pattern of violations has been determined to exist under such section, until
such time as the Secretary certifies that all identified violations have been
corrected and the operator has agreed to abide by a written plan approved by
the Administration to ensure that such a pattern of conduct will not
recur.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph></subsection><subsection id="HC2218566C1D04C8AB4A6E6DF73EE601"><enum>(b)</enum><header>Notification of
abatement</header><text>Section 104(b) (30 U.S.C. 814(b)) is amended—</text>
<paragraph id="H7C645D51C5DB42BB883F4EB4DBA95B1"><enum>(1)</enum><text>by
redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively;</text>
</paragraph><paragraph id="HF84476D8D21E4BF793C7CAF1E2B7F800"><enum>(2)</enum><text>by striking
<quote>If,</quote> and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="idA4A3435DA3C24C249C03372050261DD3" style="OLC">
<paragraph id="idEA47C4AFD0914706BB517374A0619301"><enum>(2)</enum><text>If,</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H03573327EA464BBCACF02DDE93087E9F"><enum>(3)</enum><text>by inserting after
the subsection designation the following:</text>
<quoted-block id="H6B5C7E0A95EE4FBDAF51AD3DC96609ED" style="traditional">
<paragraph id="H4A7AE6C53B734DAD8F1C8821A0C18D83" indent="up1"><enum>(1)</enum><text>An operator issued a citation
pursuant to subsection (a) shall notify the Secretary that the operator has
abated the violation involved. If such operator fails to provide such a notice
to the Secretary within the abatement time as provided for in the citation, the
Secretary shall issue an order that requires the operator (or the agent of the
operator) to immediately cause all persons, except those persons referred to in
subsection (c), to be withdrawn from, and to be prohibited from entering, such
area as the Secretary determines until an authorized representative of the
Secretary determines that such violation has been
abated.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H042B6FCE31F74AD2B817CAD077E54B94"><enum>(c)</enum><header>Failure to
timely pay penalty assessments</header><text>Section 105(a) (30 U.S.C. 815(a))
is amended by striking the third sentence and inserting the following:
<quote>The operator shall, not later than 30 days from the receipt of the
notification of a citation issued by the Secretary, notify the Secretary that
the operator intends to contest the citation or proposed assessment of a
penalty and to place in escrow the amount of the proposed assessment. If
notification and proof of escrow is not provided to the Secretary, the citation
and the proposed assessment of penalty shall be deemed a final order of the
Commission and not subject to review by any court or agency. In the event that
a mine operator refuses to comply with a final order of the Commission to pay
civil monetary penalties and statutory interest, the Secretary shall have the
authority to issue an order requiring the mine operator to cease production
under such final orders of the Commission have been paid in
full.</quote></text>
</subsection><subsection id="HCBC4E174E36B4A3C94EDDEE4C60083A8"><enum>(d)</enum><header>Maximum and
minimum penalties</header><text>Section 110(a)(1) (30 U.S.C. 820(a)(1)) is
amended by striking <quote>more than $50,000 for each such violation.</quote>
and inserting <quote>less than $500 or more than $100,000 for each such
violation, except that, in the case of a violation of a mandatory health or
safety standard that could significantly and substantially contribute to the
cause and effect of a coal or other mine health or safety hazard, the penalty
shall not be less than $1,000 or more than $150,000, for each such
violation.</quote>.</text>
</subsection><subsection id="H66E86B4FD6334EAEAE4CF01F5CB1BD03"><enum>(e)</enum><header>Factors in
assessing penalties</header><text>The Federal Mine Safety and Health Act of
1977 is amended—</text>
<paragraph id="H77CD56A46ACC47E3B6E1ED930055831D"><enum>(1)</enum><text>in section
105(b)(1)(B)—</text>
<subparagraph id="H852E1F7800E949E6AC4F00CDC11FB1D6"><enum>(A)</enum><text>by striking
<quote>the size of the business of the operator charged</quote> and inserting
<quote>the combined size of the business of the operator and any controlling
entity</quote>;</text>
</subparagraph><subparagraph commented="no" id="H178F8911B48843FC8B00CEC97DFA09E2"><enum>(B)</enum><text>by striking
<quote>the effect on the operator’s ability to continue in business,</quote>;
and</text>
</subparagraph><subparagraph id="HC271D16054C540EFBDB11D8EEBC1D494"><enum>(C)</enum><text>by adding at the
end the following: <quote>In settling cases, the Secretary shall utilize the
same point system as that utilized to propose penalties, so as to ensure
consistency in operator penalty assessments.</quote>; and</text>
</subparagraph></paragraph><paragraph id="HE04BDC3B59AB41FD8CE750CA02C7500"><enum>(2)</enum><text>in
section 110(j) (as redesignated by subsection (a)(4)(A))—</text>
<subparagraph id="H9D7DCBDACCD0455EB9C7D39D673F001F"><enum>(A)</enum><text>by striking
<quote>the size of the business of the operator charged</quote> and inserting
<quote>the combined size of the business of the operator and any controlling
entity</quote>;</text>
</subparagraph><subparagraph commented="no" id="H8B559793003E4F22A2415359DF349494"><enum>(B)</enum><text>by striking
<quote>the effect on the operator’s ability to continue in business,</quote>;
and</text>
</subparagraph><subparagraph id="H13BC9DDBD68C4ED0892842C8F2968199"><enum>(C)</enum><text>by adding at the
end the following: <quote>In any review requested by a mine operator, or in
settling cases, the Commission shall utilize the same point system as that
developed by the Secretary for proposed assessments so as to ensure consistency
in operator penalty assessments.</quote>.</text>
</subparagraph></paragraph></subsection><subsection id="H93E8CBD02EA34D1B8F6FD99515E23D53"><enum>(f)</enum><header>Civil penalty
for interference or discrimination</header><text>Section 110 (30 U.S.C. 820) is
further amended by adding at the end the following:</text>
<quoted-block id="HBB36BAB738B141D6BB07A900764EBA11" style="traditional">
<subsection id="HBBD300FCB49A444D80C5CD51708458AE"><enum>(m)</enum><header>Civil penalty
for interference or discrimination</header><text>Any operator who is found to
be in violation of section 105(c), or in violation of section 103(a) shall be
subject to a civil penalty of not less than $10,000 nor more than $100,000 for
each occurrence of such
violation.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H79CF4C1BC3B140B6891BD1EB318D2EF8"><enum>(g)</enum><header>Imminent
danger</header><text>Section 107(a) (30 U.S.C. 817(a)) is amended by inserting
after the first sentence the following: <quote>For purposes of the preceding
sentence, any violation of section 315 or section 316, or regulations issued
pursuant to such sections, shall be considered an imminent
danger.</quote>.</text>
</subsection></section><section id="H59444BA33DEC469582CF22BF6BAAE694"><enum>104.</enum><header>Facilitating
the prompt initiation of rescue and mine recovery efforts</header>
<subsection id="H7CD59BF6D3114AE189007F8F007B33B4"><enum>(a)</enum><header>Emergency call
center</header><text>Not later than 30 days after the date of enactment of this
Act, the Secretary shall establish, within the Mine Safety and Health
Administration, a central communications emergency call center for all coal or
other mine operations that shall be staffed and operated 24 hours per day, 7
days per week, by 1 or more employees of the Mine Safety and Health
Administration. All calls placed to the emergency call center shall be answered
by an individual with adequate experience and training to handle emergency mine
situations. A single national phone number shall be provided for this purpose
and the Secretary shall ensure that all miners and mine operators are issued
laminated cards with emergency call center information.</text>
</subsection><subsection id="H82BF2CB6069044BD8B50C623A4B4B298"><enum>(b)</enum><header>Contact
information</header><text>The Secretary shall provide the emergency call center
with a contact list, updated not less often than quarterly, that
contains—</text>
<paragraph id="H861FDB279B7C4E94B72EAD27A8A6D394"><enum>(1)</enum><text>the contact phone
numbers, including the home phone numbers, for the members of each mine rescue
team responsible for each coal or other mine;</text>
</paragraph><paragraph id="HF243B628A68C43DB94C3A3BCDA31DC52"><enum>(2)</enum><text>the phone numbers
for the local emergency and rescue services unit that is located nearest to
each mine;</text>
</paragraph><paragraph id="H4E5493E4597342B19D2312B9CC1EB248"><enum>(3)</enum><text>the contact phone
numbers, including the home phone number, for the operator of each mine;</text>
</paragraph><paragraph id="H3F31C382960441D7BF16B0C3BA08E96"><enum>(4)</enum><text>the contact phone
numbers, including the home phone numbers, for the national and district
officials of the Mine Safety and Health Administration;</text>
</paragraph><paragraph id="H0C6E8E1926C04E4EBD47D1D6D295368"><enum>(5)</enum><text>the contact phone
numbers, including the home phone numbers, for the State officials in each
State who should be contacted in the event of a mine emergency in such State;
and</text>
</paragraph><paragraph id="H746B39BC53954D67B76FEECF5432FFF2"><enum>(6)</enum><text>the contact phone
numbers, including the home phone number, for the authorized representative of
the miners at each mine.</text>
</paragraph><continuation-text continuation-text-level="subsection">Each mine
operator shall ensure that the Secretary is provided with completely current
information required to be maintained by the Secretary pursuant to paragraphs
(1), (3), and (6).</continuation-text></subsection><subsection id="HB6950EEC2EE64D868973737B62A7B99F"><enum>(c)</enum><header>Mine location
maps</header><text>The Secretary shall establish, maintain, and keep current,
on the Department of Labor’s website, a detailed map or set of maps showing the
exact geographic location of each operating or abandoned mine in the United
States. Such map or maps shall—</text>
<paragraph id="H78CEFC3EE0C24B8D8FEEFB6D45F3DAAC"><enum>(1)</enum><text>be presented,
through links within the website, in such a way as to make the location of a
mine instantly available to the emergency personnel responding to the
mine;</text>
</paragraph><paragraph id="HE7E2FA139F9249B980B4A64317A63CCB"><enum>(2)</enum><text>be available to
members of the public;</text>
</paragraph><paragraph id="H6FC1AC68A6DF4DBDB377476110C97D6F"><enum>(3)</enum><text>allow a user to
find the geographic location of a particular mine, or the geographic locations
of all mines of a particular type in a county, congressional district, State,
or other commonly used geographic region; and</text>
</paragraph><paragraph id="HA393F414E8314041B1DA00DA88398647"><enum>(4)</enum><text>provide the
geographic location of any mining waste impoundments, with links to associated
emergency contact information and available emergency response plans.</text>
</paragraph></subsection><subsection id="HCA71A59142B043FFB36843E3881DE52E"><enum>(d)</enum><header>Required
notification of emergencies and serious incidents</header><text>Section 103(j)
(30 U.S.C. 813(j)) is amended to read as follows:</text>
<quoted-block id="H8D378B3D143D468A92FC7E8F9E7F218C" style="traditional">
<subsection id="H5848EE61476C4D418458B6264094BE84"><enum>(j)</enum><text>In the event of
any accident occurring in any coal or other mine, the operator shall notify the
Secretary and shall take appropriate measures to prevent the destruction of any
evidence which would assist in investigating the cause or causes of the
accident. 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, or within 1 hour of the time at which the operator
realizes that any of the following have occurred in the mine:</text>
<paragraph id="HA1F3ABB7DD2D4275B284EFC1B7B92126"><enum>(1)</enum><text>A fire.</text>
</paragraph><paragraph id="HC1729880A30F49ABBADF05007178F85F"><enum>(2)</enum><text>A roof fall,
unplanned inundation, collapse, or unplanned explosion.</text>
</paragraph><paragraph id="HBA2B0792E43B426BAFAEEDEDAC9074B8"><enum>(3)</enum><text>A sudden change in
mine atmospheric conditions in a sealed area.</text>
</paragraph><paragraph id="H25ABA27D26E7431794A93C74DB76286F"><enum>(4)</enum><text>A rib fall that
impairs ventilation or impedes escape.</text>
</paragraph><paragraph id="H530428AE0DEE4123846DE7ADDEAFBE2D"><enum>(5)</enum><text>A coal or rock
outburst that causes the withdrawal of miners.</text>
</paragraph><paragraph id="H4D3807855E214040949D3658D068F95F"><enum>(6)</enum><text>The failure of an
impoundment.</text>
</paragraph><paragraph id="H827DAFCBE2B749E8BC7164CC4B620045"><enum>(7)</enum><text>Damage to hoisting
equipment in a shaft or slope that endangers an individual.</text>
</paragraph><paragraph id="HFC48F83E2B384C48BD000012592BBFC2"><enum>(8)</enum><text>Any incident that
leads to the death, serious injury with a reasonable potential to cause death,
or entrapment, of a miner.</text>
</paragraph><paragraph id="HB779C7DC8A164BFD8F9B79F29E5DAA03"><enum>(9)</enum><text>Any other
emergency or incident, as determined in regulations promulgated by the
Secretary, that needs to be examined in order to determine if the working
conditions in the mine are
safe.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H7C28739E913F405FA0379170D33E59B9"><enum>(e)</enum><header>Enhancing the
capabilities of mine rescue teams</header><text>Section 115(e)(2)(B) (30 U.S.C.
825(e)(2)(B)) is amended by adding at the end the following:</text>
<quoted-block id="HCB7061E589DB4923BA13EBFFE6E49CD2" style="traditional">
<clause id="H63C9F53A897544D98C8DE0A70076AED5" indent="up2"><enum>(v)</enum><text>The provision of uniform credentials
to mine rescue team members, support personnel, or vehicles for immediate
access to any mine site.</text>
</clause><clause id="HD548FA003E8E49EAB25DA4663FCEE57" indent="up2"><enum>(vi)</enum><text>The plans required at each mine to
ensure coordination with local emergency response personnel and to ensure that
such personnel receive adequate training to offer necessary assistance to mine
rescue teams in the event such assistance is requested. Such local emergency
response personnel shall not perform the duties of any mine rescue team.</text>
</clause><clause id="H8BF24EBA18254E0F886D5B6871020547" indent="up2"><enum>(vii)</enum><text display-inline="yes-display-inline">Requirements to ensure that operators are
prepared to facilitate the work of mine rescue teams during an emergency
by—</text>
<subclause id="H07A187EC89884F3CA8C16E89ED838400"><enum>(I)</enum><text>storing necessary equipment in
locations readily accessible to mine rescue teams;</text>
</subclause><subclause id="H0D0C60C0172A4C369E4E3D5B5D524985"><enum>(II)</enum><text>providing mine rescue teams with a
parking and staging area adequate for their needs;</text>
</subclause><subclause id="HA22890D1EC45438EABC5044B7D516B94"><enum>(III)</enum><text>identifying a space appropriate
for coordinating emergency communications with the mine rescue team; and</text>
</subclause><subclause id="HB938328406474CE8B24C2498501C39E7"><enum>(IV)</enum><text>identifying and maintaining
separate spaces for family members, community members, and press to assemble
during an emergency so as to facilitate communications with these groups while
ensuring the efforts of the mine rescue teams are not
hindered.</text>
</subclause></clause><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H4D57FDD3909E41A7829230924BC0FFAE"><enum>(f)</enum><header>Emergency
medical response</header>
<paragraph id="HF688139670004945864DF72C292672B1"><enum>(1)</enum><header>Ambulance</header><text>Not
later than 3 months after the date of enactment of this Act, the Secretary
shall promulgate regulations to require mine operators to have, within 20
minutes from the site of every coal or other mine, an ambulance or other means
of providing emergency medical response in the event of an accident.</text>
</paragraph><paragraph id="HA0713E2EFB5D4D4FA427273FEB25B27"><enum>(2)</enum><header>Medical emergency
technician training</header><text>The Secretary shall review the training and
availability requirements for medical emergency technicians in effect as of the
date of enactment of this Act and shall promptly revise such requirements in
any regulations necessary to improve such training and increase the
availability of medical emergency technicians.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H4BDD77A35C8C41AAA776DEDE2D332DFE"><enum>(g)</enum><header>Office of miner
ombudsman</header><text>Title V is amended by adding at the end the
following:</text>
<quoted-block display-inline="no-display-inline" id="H5BCA3EC449F2450DB100DD4592ECE093" style="OLC">
<section commented="no" id="H176894B774A34E089E16AEC9CA6E6C30"><enum>516.</enum><header>Office of Miner
Ombudsman</header>
<subsection commented="no" id="HCF22FF104D424C80B20077E11292063"><enum>(a)</enum><header>Establishment of
miner ombudsman</header><text>There shall be established, within the Office of
the Inspector General of the Department of Labor, the position of Miner
Ombudsman. The President, by and with the advice and consent of the Senate,
shall appoint an individual with expertise in mine safety and health to serve
as the Miner Ombudsman.</text>
</subsection><subsection commented="no" id="HA2CB12B530C44B0BB8CDC5C99C8D3803"><enum>(b)</enum><header>Duties</header><text>The
Ombudsman shall—</text>
<paragraph commented="no" id="HA700F8B4A501483FAE6F6B4985F1CE98"><enum>(1)</enum><text>be primarily
responsible for ensuring that the rights of miners are upheld to the full
extent intended in this Act, and the regulations issued under this Act;</text>
</paragraph><paragraph commented="no" id="H743C3AD9F57D41799000D009AD2298B"><enum>(2)</enum><text>be responsible for
establishing practices to ensure the confidentiality of the identity of miners,
and the families or personal representatives of the miners, who contact mine
operators, authorized representatives of the miners, the Administration, the
Department of Labor, or others with information about mining conditions that
may threaten, or have recently threatened, as of the time of the contact, miner
safety or health, while ensuring that the Administration has the information
needed to promptly investigate such complaints;</text>
</paragraph><paragraph commented="no" id="H6DA56C5D0F49474F8F216CAD6B34B5B"><enum>(3)</enum><text>establish a
toll-free telephone number and appropriate Internet website to permit
individuals to confidentially report possible mine mandatory health or safety
standard violations or concerns;</text>
</paragraph><paragraph commented="no" id="H22BCCF9429F44A8D89851FBC153238F8"><enum>(4)</enum><text>collect and
forward information concerning possible mandatory health or safety standard
violations or concerns to the appropriate officials of the Administration for
investigation;</text>
</paragraph><paragraph commented="no" id="H87D0A0251ABF403E8420B030A483DC5"><enum>(5)</enum><text>monitor the
Secretary's efforts to protect miners who report that their rights under
section 105(c) have been violated, and report to Congress any recommendations
that would enhance such rights or protections; and</text>
</paragraph><paragraph commented="no" id="H4331A9BDE2DB49A59EAB1D88BCA4F421"><enum>(6)</enum><text>carry out public
outreach and other activities to facilitate the transmission, to the Secretary,
of information that could help avoid mine accidents.</text>
</paragraph></subsection><subsection commented="no" id="H1A6C29BA3550475491B8007E3C5CDE1"><enum>(c)</enum><header>Authority</header><text>The
Ombudsman shall be forwarded all complaints of operator violations of any
section of this Act or regulations prescribed under this Act that are reported
to the Secretary. This shall include complaints submitted in writing, via the
code-a-phone, or orally, along with all relevant information available
regarding the complainant. All such information shall be retained in a
confidential manner pursuant to the Privacy Act of 1974. The Ombudsman shall
use such information to ensure that miners’ complaints are addressed in a
timely manner and in compliance with the appropriate statutes and regulations.
The Ombudsman shall have authority to ensure that all complaints were handled
in such fashion, and to determine what remedy, if any, was prescribed, and all
personnel of the Department shall cooperate with requests by the Ombudsman for
information in this regard.</text>
</subsection><subsection commented="no" id="HA2938D31D3CC4E128BFC15D6CA868D5E"><enum>(d)</enum><header>Authorization of
appropriations</header><text>There are hereby authorized to be appropriated to
the Ombudsman such sums as may be required for the implementation of the duties
under this section, out of the sums otherwise made available to the
Administration for its activities. The Ombudsman shall have the authority to
hire personnel and otherwise provide for the administration of the office of
the Miner Ombudsman, in accordance with applicable
law.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="H4675484C29E84118A274193E1C18D03F"><enum>105.</enum><header>Accident and
incident investigations</header><text display-inline="no-display-inline">Section 103(b) (30 U.S.C. 813(b) is
amended—</text>
<paragraph id="H882450AC4E7446D89E61A54D479D23BC"><enum>(1)</enum><text>by striking
<quote>For the purpose</quote> and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="id3BA37E4B80F042989391FC04543CC1C0" style="OLC">
<paragraph id="id9BDE6AA5E0EE422BB797478DCAF63D9E" indent="up1"><enum>(2)</enum><text>For the
purpose;</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="HB0B8BFBC71AF4F51B072D6F5D193D55B"><enum>(2)</enum><text>by inserting after
the subsection designation the following:</text>
<quoted-block id="H26D7D64536884043B95FA2EF9DF609D5" style="traditional">
<paragraph id="HCB7BF8D178FF4F5BB05BCFF82538303B" indent="up1"><enum>(1)</enum><text display-inline="yes-display-inline">Not later than 30 days after the date of
enactment of the <short-title>Miner Health and Safety
Enhancement Act of 2007</short-title>, the Secretary shall initiate rulemaking
activity to establish rules on the procedures that will be used to investigate
mining accidents and incidents, and shall directly contact and solicit the
participation of—</text>
<subparagraph id="H76263942175E4001B72DBC973480FC55"><enum>(A)</enum><text>individuals identified by the
Secretary as family members of miners who perished in mining accidents of any
type during the preceding 10-year period;</text>
</subparagraph><subparagraph id="H5FCE534FD93F42B08346C6009E36713F"><enum>(B)</enum><text>organizations representing
miners;</text>
</subparagraph><subparagraph id="HE6ADADFE6A9D4CB5AE5FC3006DCAC280"><enum>(C)</enum><text>mine rescue teams;</text>
</subparagraph><subparagraph id="H89151300995E43F6B5DB2321AF07F1C4"><enum>(D)</enum><text>Federal, State, and local
investigation and prosecutorial authorities; and</text>
</subparagraph><subparagraph id="H23509D7245A74892BA3D00DD238D13AD"><enum>(E)</enum><text>others whom the Secretary determines
may have information relevant to this rulemaking.</text>
</subparagraph><continuation-text continuation-text-level="paragraph">Such rules
shall be issued not later than October 1, 2008, and shall include the
investigation of any activities of Federal employees that may be relevant to
such accidents or incidents, and may establish alternative procedures for such
investigations depending upon such factors as the Secretary determines are
appropriate. Such rules shall include procedures to ensure that witnesses are
not coerced, to avoid conflicts of interest in witness representation, and to
ensure confidentiality if requested by any witness. Such rules shall also
require that upon completion of an accident or incident investigation, the
Secretary shall issue findings as to the actions or inactions which resulted in
the accident or incident, and shall make recommendations as to policy,
regulatory, enforcement or other changes, including statutory changes, which in
the judgment of the Secretary's mine safety and health experts would best
prevent a recurrence of such actions or inactions at other mines, and shall
promptly make all such findings and recommendations public (except findings and
recommendations that must be temporarily withheld in connection with a criminal
referral). Such rules shall further provide that the Secretary shall hold
appropriate public hearings at the conclusion of the investigation of incidents
to inform the mining community of the findings and recommendations, and shall
also provide that the Secretary track the implementation of accident and
incident investigation recommendations and provide such information annually to
the Congress.</continuation-text></paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="HEFC8621381F647F8A953C2550846115C"><enum>(3)</enum><text>by adding at the
end the following:</text>
<quoted-block id="H5092E96D617145BBA782F76466F8DB6D" style="traditional">
<paragraph id="HBD12608C3049426894EAB4072F33A504" indent="up1"><enum>(3)</enum><text>After an accident or incident and
upon the timely request of the authorized representative of the miners or the
families at a mine, the Secretary shall contract with the Chemical Safety and
Hazard Investigation Board to conduct an independent investigation of the
accident or incident and provide recommendations to the Secretary. Such
investigation shall be in addition to any investigation conducted by the
Secretary, and shall be conducted pursuant to whatever procedures such
authority determines are appropriate for the investigation. The Secretary shall
provide such authority with all information and expertise requested, and shall
pay for such authority to conduct the authority’s investigation, including the
costs of obtaining the services of independent experts required for any such
investigation.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="HB5C044B769784AD4AE6C72A7457540CA"><enum>106.</enum><header>Approval and
research priorities</header>
<subsection id="H4F84C18263704D619EDDA2F237C7F205"><enum>(a)</enum><header>Approval center
priorities</header><text>The Secretary shall expedite the process for approving
any—</text>
<paragraph id="H15292442ED614D348E4CE96C12F2CE62"><enum>(1)</enum><text>self-rescue device
that permits the replenishment of oxygen without requiring the device user to
remove the device; and</text>
</paragraph><paragraph id="H4F1CD132FFD04C84A31B42E14E65E1C7"><enum>(2)</enum><text>underground
communication device that provides for communication between underground and
surface personnel via a wireless two-way medium.</text>
</paragraph></subsection><subsection id="HFD5646A821AD4DCC8FABBF20334B6CF0"><enum>(b)</enum><header>Technology and
mine emergency health and safety research priorities</header><text>In
implementing its research activities in the 5-year period beginning on the date
of enactment of this Act, the National Institute for Occupational Safety and
Health shall give due consideration to new technologies, and existing
technologies that could be adapted for use in underground coal or other mines,
that could facilitate the survival of miners in a mining emergency. Such
technologies include—</text>
<paragraph id="HB9B3F2B03971431D9EE59C5E9528AC19"><enum>(1)</enum><text>self-contained
self-rescue devices capable of delivering enhanced performance;</text>
</paragraph><paragraph id="HA70B68D539254799B6616B7B8386B588"><enum>(2)</enum><text>improved battery
capacity and common connection specifications to enable emergency communication
devices for miners to be run from the same portable power source as a headlamp,
continuous dust monitor, or other device carried by a miner;</text>
</paragraph><paragraph id="HD3FEC5D3D0F54879BF06DD78FDE38331"><enum>(3)</enum><text>improved
technology for assisting mine rescue teams, including devices to enhance vision
during rescue or recovery operations;</text>
</paragraph><paragraph id="HC588DAF42AD54A0981E34FB8A9560793"><enum>(4)</enum><text>improved
technology, and improved protocols for the use of existing technologies, to
enable conditions underground to be assessed promptly and continuously in
emergencies, so as to facilitate the determination by appropriate officials of
the instructions to provide both to miners trapped underground and to mine
rescue teams and others engaged in rescue efforts;</text>
</paragraph><paragraph id="H9A265A13D3094B17BD58DF4372CA8755"><enum>(5)</enum><text>improvements to
underground mine ventilation controls separating mine entries to be more
resistant to mine fires and explosions, particularly in those entries used for
miners escapeways;</text>
</paragraph><paragraph id="H559DD7E8CD8C4F7A8EF579F613E0E296"><enum>(6)</enum><text>mine-wide
monitoring systems and strategies that can monitor mine gases, oxygen, air
flows, and air quantities at strategic locations throughout the mine that would
be functional during normal mining operations and following mine fires,
explosions, and roof falls, including systems utilizing monitoring sensors that
transfer data to the mine surface and the installation of tubing to draw mine
gas samples that are distributed throughout the mine and can quickly deliver
samples to the mine surface; and</text>
</paragraph><paragraph id="H2673F4DFC5C34C698CAEEE00437941B8"><enum>(7)</enum><text>protective
strategies for the placement of equipment, cables, and devices that are to be
utilized during mine emergencies, such as communication systems, oxygen
supplies, and mine atmosphere monitoring systems, to protect them from mine
fires, roof falls, explosions, and other damage.</text>
</paragraph></subsection></section><enum>II</enum><header>Actions Required
to Fulfill the Intent of the Federal Mine Safety and Health Act of
1977</header>
<section id="HC7A47EEC41A0493695B7E16F92009FA0"><enum>201.</enum><header>Revising health
standards set pursuant to the 1977 Act</header>
<subsection id="H36E2C72ADD5A41E2A2049FC1AD67D16E"><enum>(a)</enum><header>Respirable dust;
respirable silica dust</header><text>Section 202 (30 U.S.C. 842) is amended to
read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HD81389F444BD422797E9492D9312A307" style="traditional">
<section id="H51AD2066124945A9AA6E645413C47977"><enum>202.</enum><header>Dust standard and respiratory equipment</header><subsection commented="no" display-inline="yes-display-inline" id="id176903D5312044C9A0250A9BDC4DF005"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id412A9691A6D94048A81F531EB13572A3"><enum>(1)</enum><text>Effective on the date
of enactment of the <short-title>Miner Health and Safety
Enhancement Act of 2007</short-title>, each mine operator shall continuously
maintain the concentration of respirable dust in the mine atmosphere during
each shift to which each miner in the active workings of such mine is exposed
at or below a time-weighted average of 1.00 milligrams of respirable dust per
cubic meter of air averaged over 10 hours or its dose-equivalent for a shorter
or longer period of time. For purposes of this paragraph, a “dose-equivalent”
means the amount of dust that a miner would inhale during the miner's work
shift as if the miner was working for ten hours, and the term “shift” means
portal-to-portal for coal miners and <quote>bank to bank</quote> for other
miners.</text>
</paragraph><paragraph id="H7245F93C0D874F17BE0827A61DB2BEF9" indent="up1"><enum>(2)</enum><text>At regular intervals to be prescribed
by the Secretary and the Secretary of Health and Human Services, the Secretary
will take accurate samples of the amount of respirable dust in the mine
atmosphere to which each miner in the active workings of such mine is exposed
in order to determine compliance with the requirements of paragraph (1). In
addition, the Secretary shall cause to be made such frequent spot inspections
as the Secretary determines appropriate of the active workings of coal mines
for the purpose of obtaining compliance with the provisions of this title. All
samples by the Secretary shall be taken by a personal dust monitor that
measures, records, and displays the concentration of respirable dust to which
the miner wearing the device is exposed, and shall include the sampling of
areas, occupations, or persons. For the purposes of determining compliance with
the exposure limit for respirable dust, only a single sample shall be required
to determine non-compliance, and there shall be no adjustment for measurement
error in the measured level of respirable dust.</text>
</paragraph><paragraph id="H252AFD8CDCE9459B91C1DD3E4788EB3" indent="up1"><enum>(3)</enum><text>Each operator of a coal mine shall
take accurate samples of the amount of respirable dust in the mine atmosphere
to which each miner in the active workings of such mine is exposed to identify
sources of exposure so that the operator can take corrective action and assure
that the exposure of each mine is below the exposure limit. Under the
provisions of this Act, all such samples shall be taken by a personal dust
monitor that measures, records, and displays the concentration of respirable
dust to which the miner wearing the device is exposed. The results of such
sampling shall be transmitted to the Secretary in a manner established by the
Secretary, and recorded by the Secretary in a manner that will assure
application of the provisions of this section.</text>
</paragraph><paragraph id="HE3E3EB709C1E40E99DD5E2ECFB87C7B" indent="up1"><enum>(4)</enum><text>Each miner shall be equipped with a
personal dust monitor that measures, records, and displays the concentration of
respirable dust to which the miner wearing the device is exposed. Each miner
shall be permitted to adjust the miner's work activities whenever necessary to
keep the miner's exposure to respirable coal dust, as measured, recorded, and
displayed by such device, at all times at or below the permitted
concentration.</text>
</paragraph></subsection><subsection id="HBFB10F821AC34180808694C0258B19D5"><enum>(b)</enum><text>Effective on the
date of enactment of the <short-title>Miner Health and
Safety Enhancement Act of 2007</short-title>, each operator shall continuously
maintain the concentration of respirable silica dust in the mine atmosphere
during each shift to which each miner in the active workings of such mine is
exposed at or below a time-weighted average of 0.05 milligrams of respirable
silica dust per cubic meter of air averaged over ten hours or its
dose-equivalent for a shorter or longer period of time. For the purposes of
this subsection, compliance shall be determined by the sampling of areas,
occupations or persons, only a single sample shall be required to determine
non-compliance, and there shall be no adjustment for measurement error in the
measured level of respirable silica dust. For the purposes of this subsection,
a <term>dose-equivalent</term> means the amount of dust that a miner would
inhale during the miner's work shift as if the miner were working for ten
hours, and the term <term>shift</term> means portal-to-portal and includes all
the time a miner is at work.</text>
</subsection><subsection id="HA5A18955C1BA4C4C8186310765BAFCBA"><enum>(c)</enum><text>Respiratory
equipment approved by the Secretary and the Secretary of Health and Human
Services shall be made available to all persons whenever exposed to
concentrations of respirable dust or silica in excess of the levels required to
be maintained under this section. Use of respirators shall not be substituted
for environmental control measures in the active workings. Each operator shall
maintain a supply of respiratory equipment adequate to deal with occurrences of
concentrations of respirable dust and silica in the mine atmosphere in excess
of the levels required to be maintained under this section.</text>
</subsection><subsection id="H3D9A3CDF07F64ABEBFB797EEF7DACF51"><enum>(d)</enum><text>Each operator
shall report and certify to the Secretary at such intervals as the Secretary
may require as to the conditions in the active workings of the coal mine,
including, the average number of working hours worked during each shift, the
quantity and velocity of air regularly reaching the working faces, the method
of mining, the amount and pressure of the water, if any, reaching the working
faces, and the number, location, and type of sprays, if any,
used.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H99FEDFD078414F32BFD55CDBFE200072"><enum>(b)</enum><header>Air
contaminants</header><text>Section 101 (30 U.S.C. 811) is amended by adding at
the end the following:</text>
<quoted-block display-inline="no-display-inline" id="HD7A69744587C40C4A08423E4E1AFC640" style="traditional">
<subsection id="HA8FDD053D2364BEE889996D1D0BEBBE5"><enum>(f)</enum><text display-inline="yes-display-inline">Notwithstanding the other requirements of
this section, not later than 30 days of the enactment of the
<short-title>Miner Health and Safety Enhancement Act of
2007</short-title>, the National Institute for Occupational Safety and Health
shall forward to the Secretary its Recommended Exposure Limits (RELs) for
chemical and other hazards to miners, along with the research data and other
necessary information. Not later than 30 days after the receipt of this
information, the Secretary shall require the Administration to adopt such
recommended exposure limits as the Permissible Exposure Limits (PELs) for
application in the mining industry. The National Institute for Occupational
Safety and Health shall annually submit to the Secretary any additional or
revised recommended exposure limits for all hazardous substances utilized in
the mining industry, and the Secretary shall be obligated to adopt such
exposure limits as PELs for application in the mining industry not later than
30 days after receipt of such information. Nothing in this subsection shall
limit the ability of the National Institute for Occupational Safety and Health
to make such recommendations more frequently than 1 time per year, nor limit
the Administration from establishing requirements for chemical and other
substances in the mining industry that are more comprehensive and protective
than those established pursuant to this subsection and in accordance with the
other requirements of this
section.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="H4F7ED0076CE244EE9C0115B9CBE21691"><enum>202.</enum><header>Regulatory
priorities and process</header>
<subsection id="H97826DD1C1E7492F83E469CC206E8FBD"><enum>(a)</enum><header>Asbestos</header><text>Section
101 (30 U.S.C. 811) is further amended by adding at the end the
following:</text>
<quoted-block id="H183BFA17962E420B985621FD1C7EA901" style="traditional">
<subsection id="H5DF1466921C14D508075005882930051"><enum>(g)</enum><text>The health
standard for asbestos established by the Occupational Safety and Health
Administration that is set forth in section 1910.1001 of title 29, Code of
Federal Regulations, or any subsequent revision of that regulation, shall be
adopted by the Administration for application in the mining industry not later
than 30 days after the date of enactment of the
<short-title>Miner Health and Safety Enhancement Act of
2007</short-title>.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HD979EC7973C841B5B759ADFFB57B7C1B"><enum>(b)</enum><header>Hazard
communication</header><text>Section 101 (30 U.S.C. 811) is further amended by
adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="HE0DC165FE05D42689246BF6392EC0048" style="OLC">
<subsection id="H320FEE57D56F400DA6EA166102503CB3"><enum>(h)</enum><text>Unless and until
there is additional rulemaking pursuant to the requirements of this section,
the Secretary is directed to apply the provisions of the interim final rule of
October 3, 2000, concerning hazard communication in lieu of the final rule of
June 21, 2002, concerning hazard
communication.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HBC6E42E8ABB14E0FAE284725C620A900"><enum>(c)</enum><header>Assessment on
program operations of cumulative impact of external requirements added since
1977</header><text>The Secretary shall request the National Academy of Sciences
to conduct a study of the impact on the mine safety and health responsibilities
of the Department of Labor of various statutes, executive orders, and memoranda
applicable to the issuance of rulemaking and guidance and to enforcement. The
study shall include an assessment of the Equal Access to Justice Act, the
Regulatory Flexibility Act, the Small Business Regulatory Enforcement Fairness
Act of 1996, the Data Quality Act, the Paperwork Reduction Act of 1985, the
Unfunded Mandates Reform Act of 1995, the Federal Advisory Committee Act, the
Congressional Review Act, Executive Order 12866, Executive Order 13422, and
memoranda from the Office of Management and Budget on guidance, risk assessment
and cost analysis. The Secretary shall request that the National Academy of
Sciences consult widely with experts in administrative law and other
disciplines knowledgeable about such requirements, and to quantify to the
extent possible the costs to miners of the aforementioned requirements. The
Secretary shall further request that recommendations be included in the report,
and request that such report and recommendations be completed, and copies
forwarded to the Congress, not later than 21 months after the effective date of
this Act.</text>
</subsection></section><section id="HEF8EF4D6CC684D2F84A23900D7FA0257"><enum>203.</enum><header>Clarifications
of intent in the 1977 Act</header><text display-inline="no-display-inline">The
Federal Mine Safety and Health Act of 1977 is amended—</text>
<paragraph id="HA70FEBEC23E54259AA0152236FCA1D51"><enum>(1)</enum><text display-inline="yes-display-inline">in section 3(d) (30 U.S.C. 802)—</text>
<subparagraph id="H61FD841B61E743599871EBD665EAFF09"><enum>(A)</enum><text>by inserting
<quote>mineral</quote> before <quote>owner</quote>;</text>
</subparagraph><subparagraph id="H30DCA2B5E7E448AE9EC25BF472690932"><enum>(B)</enum><text>by inserting
<quote>mineral</quote> before <quote>lessee</quote>;</text>
</subparagraph><subparagraph id="HB54F7787B2474B6E9D99D5E09E0498A"><enum>(C)</enum><text>by striking
<quote>or any independent</quote> and inserting <quote>and any
independent</quote>; and</text>
</subparagraph><subparagraph id="H85E8CD041C1C4B7691B9185114DE3EAC"><enum>(D)</enum><text>by inserting
before the semicolon the following: <quote>, and no operator may by contract or
other agreement limit any liability under this Act through transfer of any
responsibilities to another person</quote>;</text>
</subparagraph></paragraph><paragraph id="H66CB3D65E6C146BC980000D929121DF7"><enum>(2)</enum><text display-inline="yes-display-inline">in section 103 (30 U.S.C. 813)—</text>
<subparagraph id="H01601728B94A4980BE7E105545D0ADC"><enum>(A)</enum><text>in subsection (b),
as amended by section 105 of this Act—</text>
<clause id="H35645DDA689942959541406C3BC17680"><enum>(i)</enum><text display-inline="yes-display-inline">by striking the first sentence of paragraph
(2) (as designated by section 105 of this Act) and inserting the
following:</text>
<quoted-block display-inline="yes-display-inline" id="H1DD4748A18854F458164A30085CB2CAB" style="traditional">
<text>For the purpose of enabling the
Secretary to perform the functions under this Act, the Secretary
may—</text><subparagraph id="HF4CF6E1E5FCB444D978BC273654437A0" indent="up2"><enum>(A)</enum><text>after notice, hold public hearings;
and</text>
</subparagraph><subparagraph id="H62EA928D47BA45CC98186C5FFE551F3" indent="up2"><enum>(B)</enum><text>sign and issue subpoenas for the
attendance and testimony of witnesses and the production of relevant data,
papers, books, documents and items of physical evidence, and administer oaths,
whether or not in connection with a public
hearing.</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="H1CD3CD6AB819478690B87B641C37C44C"><enum>(ii)</enum><text display-inline="yes-display-inline">in the last sentence of paragraph (2) (as
designated by section 105 of this Act), by striking <quote>documents</quote>
and inserting <quote>data, papers, books, documents, and items of physical
evidence</quote>; and</text>
</clause></subparagraph><subparagraph id="HDD89A5D670234C728E8D2C208EAFBFD"><enum>(B)</enum><text>in subsection (h),
in the first sentence, by striking <quote>information</quote> and inserting
<quote>data, papers, books, documents, and items of physical
evidence</quote>;</text>
</subparagraph></paragraph><paragraph id="HB6957AA746964F2F8E45A8DA234D8495"><enum>(3)</enum><text>in section 104 (30
U.S.C. 814)—</text>
<subparagraph id="HE68AC33D563C42879D662CA5C16C7DA"><enum>(A)</enum><text>in subsections
(d)(1), (e)(1), (e)(2), (e)(3), and (e)(4), as amended by this Act, by
inserting <quote>or any provision of this Act</quote> after
<quote>standard</quote> or <quote>standards</quote> each time either such term
appears; and</text>
</subparagraph><subparagraph id="HDC92340AE9D1493F8B7C00849D7526A4"><enum>(B)</enum><text>in subsection
(d)(1), as amended by this Act, by striking <quote>, while the conditions
created by such violation do not cause imminent danger,</quote>;</text>
</subparagraph></paragraph><paragraph id="H524BEB484E584E6390C6F3786E972700"><enum>(4)</enum><text>in section 105 (30
U.S.C. 815)—</text>
<subparagraph id="H54228971325A4649006121D1406DDDE"><enum>(A)</enum><text>in subsection (a),
in the first sentence, by striking <quote>, within a reasonable time after the
termination of such inspection or investigation,</quote>; and</text>
</subparagraph><subparagraph id="H1664F7A94D494BF99669D18401CA5C12"><enum>(B)</enum><text>by adding at the
end the following:</text>
<quoted-block id="H53B3D521CC24498097A14374B930080" style="traditional">
<subsection id="H0F0C4FEB83004057BFFEF45F85700743"><enum>(e)</enum><text>Attorneys
representing the Secretary are authorized to contact any miner or
non-managerial employee of a mine operator for the purposes of carrying out the
Secretary’s functions under this Act and no attorney representing the Secretary
shall be disbarred or disciplined by any State bar or State court for making
such contacts. No attorney representing a mine operator in a matter under this
Act may concurrently represent individual miners in the same
matter.</text>
</subsection><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="H5B27B9BA09224A10006465B8B5BA3227"><enum>(5)</enum><text>in section 110 (30
U.S.C. 820)—</text>
<subparagraph id="H9003CC76542A46779C42F445C422E3E"><enum>(A)</enum><text>in subsection
(b)(2), by striking <quote>under</quote> and inserting <quote>of subsections
(a) through (h) of</quote>; and</text>
</subparagraph><subparagraph id="H1B8D357727AD46E7B4E0F0DE2815762C"><enum>(B)</enum><text display-inline="yes-display-inline">in subsection (c)—</text>
<clause id="H5BE1A066BFA64EC0BF2DD3EE2BC2E882"><enum>(i)</enum><text>by
striking <quote>Whenever a corporate operator</quote> and inserting
<quote>Whenever a mine operator</quote>;</text>
</clause><clause id="H66B72BFB3BA2489880ED58EEF51781CA"><enum>(ii)</enum><text>by
striking <quote>safety standard</quote> and inserting <quote>safety standard or
requirement of this Act</quote>;</text>
</clause><clause id="H718095DC38624815B07300DCA4E907C4"><enum>(iii)</enum><text>by
inserting <quote>partner, owner,</quote> after <quote>director,</quote>;
and</text>
</clause><clause id="H20768199628C49E49F9B008466DFE5C"><enum>(iv)</enum><text>by
striking <quote>such corporation</quote> and inserting <quote>such mine
operator</quote>.</text>
</clause></subparagraph></paragraph></section><section id="H2307CA23C395428795723546D66779DD"><enum>204.</enum><header>Federal
licensing</header><text display-inline="no-display-inline">The Secretary shall
promptly establish an advisory committee to provide recommendations as to
whether the Federal Mine Safety and Health Act of 1977 should provide for
Federal licensing of mines, mine operators, mine controllers, or various mine
personnel in order to ensure that those engaged in mining activities are not
frequent violators of safety and health requirements. The advisory committee
shall—</text>
<paragraph id="id754E72FCA7C0449BA6E5866FD4F94093"><enum>(1)</enum><text display-inline="yes-display-inline">be established pursuant to the Federal
Advisory Committee Act;</text>
</paragraph><paragraph id="id4FE6AD0466CE4FB283C6BC577683C457"><enum>(2)</enum><text display-inline="yes-display-inline">conduct a review of existing State
licensing requirements and assess their effectiveness; and</text>
</paragraph><paragraph id="id43F1908E4BB341DE9C72F6DD601F1D7E"><enum>(3)</enum><text display-inline="yes-display-inline">provide its recommendations to Congress not
later than 2 years after the date of enactment of this Act.</text>
</paragraph></section>