[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5663 Reported in House (RH)]

                                                 Union Calendar No. 334
111th CONGRESS
  2d Session
                                H. R. 5663

                      [Report No. 111-579, Part I]

  To improve compliance with mine and occupational safety and health 
laws, empower workers to raise safety concerns, prevent future mine and 
 other workplace tragedies, establish rights of families of victims of 
              workplace accidents, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2010

Mr. George Miller of California (for himself, Ms. Woolsey, Mr. Rahall, 
 Mr. Courtney, Mr. Mollohan, Ms. Hirono, Mr. Sestak, Mr. Andrews, Mr. 
   Hare, Ms. Shea-Porter, Mr. Grijalva, Mr. Bishop of New York, Ms. 
  Sutton, Ms. Clarke, Mr. Shuler, Mr. Pierluisi, Mr. Kildee, and Mr. 
    Holt) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

                             July 29, 2010

Additional sponsors: Mr. Kucinich, Ms. Chu, Mr. Costello, Mr. Baca, Mr. 
Schiff, Ms. Slaughter, Mr. Michaud, Mr. Tierney, Mr. Arcuri, Mr. Towns, 
 Ms. Velazquez, Mr. Brady of Pennsylvania, Mr. Polis of Colorado, Ms. 
   Zoe Lofgren of California, Mr. Hinchey, Ms. Pingree of Maine, Mr. 
   Space, Mr. Filner, Mr. Tonko, Mr. Stark, Ms. Linda T. Sanchez of 
California, Mr. Kagen, Ms. Loretta Sanchez of California, Mr. Nadler of 
 New York, Mr. Blumenauer, Mr. Honda, Mr. Chandler, Mrs. Maloney, Mr. 
    Gene Green of Texas, Ms. Berkley, Mr. Larsen of Washington, Ms. 
    McCollum, Mr. Jackson of Illinois, Ms. Harman, Mr. Sherman, Mr. 
   Visclosky, Mr. Langevin, and Mr. Patrick J. Murphy of Pennsylvania


                             July 29, 2010

Reported with an amendment, referred to the Committee on the Judiciary 
for a period ending not later than July 29, 2010, for consideration of 
     such provisions of the bill and amendment as fall within the 
     jurisdiction of that committee pursuant to clause 1(k), rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 29, 2010

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July 1, 
                                 2010]

_______________________________________________________________________

                                 A BILL


 
  To improve compliance with mine and occupational safety and health 
laws, empower workers to raise safety concerns, prevent future mine and 
 other workplace tragedies, establish rights of families of victims of 
              workplace accidents, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Robert C. Byrd 
Miner Safety and Health Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

       TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY

Sec. 101. Independent accident investigations.
Sec. 102. Subpoena authority and miner rights during inspections and 
                            investigations.
Sec. 103. Designation of miner representative.
Sec. 104. Additional amendments relating to inspections and 
                            investigations.

                TITLE II--ENHANCED ENFORCEMENT AUTHORITY

Sec. 201. Technical amendment.
Sec. 202. A pattern of recurring noncompliance or accidents.
Sec. 203. Injunctive authority.
Sec. 204. Revocation of approval of plans.
Sec. 205. Challenging a decision to approve, modify, or revoke a coal 
                            or other mine plan.
Sec. 206. GAO Study on MSHA Mine Plan Approval.

                          TITLE III--PENALTIES

Sec. 301. Civil penalties.
Sec. 302. Civil and criminal liability of officers, directors, and 
                            agents.
Sec. 303. Criminal penalties.
Sec. 304. Commission review of penalty assessments.
Sec. 305. Delinquent payments and prejudgment interest.

                TITLE IV--WORKER RIGHTS AND PROTECTIONS

Sec. 401. Protection from retaliation.
Sec. 402. Protection from loss of pay.
Sec. 403. Underground coal miner employment standard for mines placed 
                            in pattern status.

            TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS

Sec. 501. Pre-shift review of mine conditions.
Sec. 502. Rock dust standards.
Sec. 503. Atmospheric monitoring systems.
Sec. 504. Technology related to respirable dust.
Sec. 505. Refresher training on miner rights and responsibilities.
Sec. 506. Authority to mandate additional training.
Sec. 507. Certification of personnel.

              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

Sec. 601. Definitions.
Sec. 602. Assistance to States.
Sec. 603. Black lung medical reports.
Sec. 604. Rules of application to certain mines.

    TITLE VII--AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH ACT

Sec. 701. Enhanced protections from retaliation.
Sec. 702. Victims' rights.
Sec. 703. Correction of serious, willful, or repeated violations 
                            pending contest and procedures for a stay.
Sec. 704. Conforming amendments.
Sec. 705. Civil penalties.
Sec. 706. Criminal penalties.
Sec. 707. Pre-final order interest.
Sec. 708. Review of State Occupational Safety and Health Plans.
Sec. 709. Health Hazard Evaluations by the National Institute for 
                            Occupational Safety and Health.
Sec. 710. Authorization of cooperative agreements by NIOSH Office of 
                            Mine Safety and Health.
Sec. 711. Effective date.

SEC. 2. REFERENCES.

    Except in title VII and as otherwise expressly provided, whenever 
in this Act an amendment is expressed as an amendment to 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.).

       TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY

SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS.

    (a) In General.--Section 103(b) (30 U.S.C. 813(b)) is amended by 
striking ``(b) For the purpose'' and inserting the following:
    ``(b) Accident Investigations.--
            ``(1) In general.--For all accident investigations under 
        this Act, the Secretary shall--
                    ``(A) determine why the accident occurred;
                    ``(B) determine whether there were violations of 
                law, mandatory health and safety standards, or other 
                requirements, and if such violations are found, issue 
                citations and penalties, and in cases involving 
                possible criminal actions, the Secretary may refer such 
                matters to the Attorney General; and
                    ``(C) make recommendations to avoid any recurrence.
            ``(2) Independent accident investigations.--
                    ``(A) In general.--There shall be, in addition to 
                an accident investigation under paragraph (1), an 
                independent investigation by an independent 
                investigation panel (referred to in this subsection as 
                the `Panel') appointed under subparagraph (B) for--
                            ``(i) any accident involving 3 or more 
                        deaths; or
                            ``(ii) any accident that is of such 
                        severity or scale for potential or actual harm 
                        that, in the opinion of the Secretary of Health 
                        and Human Services, the accident merits an 
                        independent investigation.
                    ``(B) Appointment.--
                            ``(i) In general.--As soon as practicable 
                        after an accident described in subparagraph 
                        (A), the Secretary of Health and Human Services 
                        shall appoint 5 members for the Panel required 
                        under this paragraph from among individuals who 
                        have expertise in accident investigations, mine 
                        engineering, or mine safety and health that is 
                        relevant to the particular investigation.
                            ``(ii) Chairperson.--The Panel shall 
                        include, and be chaired by, a representative 
                        from the Office of Mine Safety and Health 
                        Research, of the National Institute for 
                        Occupational Safety and Health (referred to in 
                        this subsection as NIOSH).
                            ``(iii) Conflicts of interest.--Panel 
                        members, and staff and consultants assisting 
                        the Panel with an investigation, shall be free 
                        from conflicts of interest with regard to the 
                        investigation, and be subject to the same 
                        standards of ethical conduct for persons 
                        employed by the Secretary.
                            ``(iv) Composition.--The Secretary of 
                        Health and Human Services shall appoint as 
                        members of the Panel--
                                    ``(I) 1 operator of a mine or 
                                individual representing mine operators, 
                                and
                                    ``(II) 1 representative of a labor 
                                organization that represents miners,
                        and may not appoint more than 1 of either such 
                        individuals as members of the Panel.
                            ``(v) Staff and expenses.--The Director of 
                        NIOSH shall designate NIOSH staff to facilitate 
                        the work of the Panel. The Director may accept 
                        as staff personnel on detail from other Federal 
                        agencies or re-employ annuitants. The detail of 
                        personnel under this paragraph may be on a non-
                        reimbursable basis, and such detail shall be 
                        without interruption or loss of civil service 
                        status or privilege. The Director of NIOSH 
                        shall have the authority to procure on behalf 
                        of the Panel such materials, supplies or 
                        services, including technical experts, as 
                        requested in writing by a majority of the 
                        Panel.
                            ``(vi) Compensation and travel.--All 
                        members of the Panel who are officers or 
                        employees of the United States shall serve 
                        without compensation in addition to that 
                        received for their services as officers or 
                        employees of the United States. Each Panel 
                        member who is not an officer or employee of the 
                        United States shall be compensated at a rate 
                        equal to the daily equivalent of the annual 
                        rate of basic pay prescribed for level IV of 
                        the Executive Schedule under section 5315 of 
                        title 5, United States Code, for each day 
                        (including travel time) during which such 
                        member is engaged in the performance of duties 
                        of the Panel. The members of the Panel shall be 
                        allowed travel expenses, including per diem in 
                        lieu of subsistence, at rates authorized for 
                        employees of agencies under subchapter 1 of 
                        chapter 57 of title 5, United States Code, 
                        while away from their homes or regular places 
                        of business in the performance of services for 
                        the Panel.
                    ``(C) Duties.--The Panel shall--
                            ``(i) assess and identify any factors that 
                        caused the accident, including deficiencies in 
                        safety management systems, regulations, 
                        enforcement, industry practices or guidelines, 
                        or organizational failures;
                            ``(ii) identify and evaluate any 
                        contributing actions or inactions of--
                                    ``(I) the operator;
                                    ``(II) any contractors or other 
                                persons engaged in mining-related 
                                functions at the site;
                                    ``(III) any State agency with 
                                oversight responsibilities;
                                    ``(IV) any agency or office within 
                                the Department of Labor; or
                                    ``(V) any other person or entity 
                                (including equipment manufacturers);
                            ``(iii) review the determinations and 
                        recommendations by the Secretary under 
                        paragraph (1);
                            ``(iv) prepare a report that--
                                    ``(I) includes the findings 
                                regarding the causal factors described 
                                in clauses (i) and (ii);
                                    ``(II) identifies any strengths and 
                                weaknesses in the Secretary's 
                                investigation; and
                                    ``(III) includes recommendations, 
                                including interim recommendations where 
                                appropriate, to industry, labor 
                                organizations, State and Federal 
                                agencies, or Congress, regarding 
                                policy, regulatory, enforcement, 
                                administrative, or other changes, which 
                                in the judgment of the Panel, would 
                                prevent a recurrence at other mines; 
                                and
                            ``(v) publish such findings and 
                        recommendations (excluding any portions which 
                        the Attorney General requests that the 
                        Secretary withhold in relation to a criminal 
                        referral) and hold public meetings to inform 
                        the mining community and families of affected 
                        miners of the Panel's findings and 
                        recommendations.
                    ``(D) Hearings; applicability of certain federal 
                law.--The Panel shall have the authority to conduct 
                public hearings or meetings, but shall not be subject 
                to the Federal Advisory Committee Act. All public 
                hearings of the Panel shall be subject to the 
                requirements under section 552b of title 5, United 
                States Code.
                    ``(E) Memorandum of understanding.--Not later than 
                90 days after the date of enactment of the Robert C. 
                Byrd Miner Safety and Health Act of 2010, the Secretary 
                of Labor and the Secretary of Health and Human Services 
                shall conclude and publically issue a memorandum of 
                understanding that--
                            ``(i) outlines administrative arrangements 
                        which will facilitate a coordination of efforts 
                        between the Secretary of Labor and the Panel, 
                        ensures that the Secretary's investigation 
                        under paragraph (1) is not delayed or otherwise 
                        compromised by the activities of the Panel, and 
                        establishes a process to resolve any conflicts 
                        between such investigations;
                            ``(ii) ensures that Panel members or staff 
                        will be able to participate in investigation 
                        activities (such as mine inspections and 
                        interviews) related to the Secretary of Labor's 
                        investigation and will have full access to 
                        documents that are assembled or produced in 
                        such investigation, and ensures that the 
                        Secretary of Labor will make all of the 
                        authority available to such Secretary under 
                        this section, including subpoena authority, to 
                        obtain information and witnesses which may be 
                        requested by such Panel; and
                            ``(iii) establishes such other arrangements 
                        as are necessary to implement this paragraph.
                    ``(F) Procedures.--Not later than 90 days after the 
                date of enactment of the Robert C. Byrd Miner Safety 
                and Health Act of 2010, the Secretary of Health and 
                Human Services shall establish procedures to ensure the 
                consistency and effectiveness of Panel investigations. 
                In establishing such procedures, such Secretary shall 
                consult with independent safety investigation agencies, 
                sectors of the mining industry, representatives of 
                miners, families of miners involved in fatal accidents, 
                State mine safety agencies, and mine rescue 
                organizations. Such procedures shall include--
                            ``(i) authority for the Panel to use 
                        evidence, samples, interviews, data, analyses, 
                        findings, or other information gathered by the 
                        Secretary of Labor, as the Panel determines 
                        valid;
                            ``(ii) provisions to ensure confidentiality 
                        if requested by any witness, to the extent 
                        permitted by law, and prevent conflicts of 
                        interest in witness representation; and
                            ``(iii) provisions for preservation of 
                        public access to the Panel's records through 
                        the Secretary of Health and Human Services.
                    ``(G) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                subsection such sums as may be necessary.
            ``(3) Powers and processes.--For the purpose''.
    (b) Reporting Requirements.--Section 511(a) (30 U.S.C. 958(a)) is 
amended by inserting after ``501,'' the following: ``the status of 
implementation of recommendations from each independent investigation 
panel under section 103(b) received in the preceding 5 years''.

SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DURING INSPECTIONS AND 
              INVESTIGATIONS.

    Section 103(b) (as amended by section 101) (30 U.S.C. 813(b)) is 
further amended by adding at the end the following:
            ``(4) Additional powers.--For purposes of making 
        inspections and investigations, the Secretary or the 
        Secretary's designee, may sign and issue subpoenas for the 
        attendance and testimony of witnesses and the production of 
        information, including all relevant data, papers, books, 
        documents, and items of physical evidence, and administer 
        oaths. Witnesses summoned shall be paid the same fees that are 
        paid witnesses in the courts of the United States. In carrying 
        out inspections and investigations under this subsection, 
        authorized representatives of the Secretary and attorneys 
        representing the Secretary are authorized to question any 
        individual privately. Under this section, any individual who is 
        willing to speak with or provide a statement to such authorized 
        representatives or attorneys representing the Secretary may do 
        so without the presence, involvement, or knowledge of the 
        operator or the operator's agents or attorneys. The Secretary 
        shall keep the identity of an individual providing such a 
        statement confidential to the extent permitted by law. Nothing 
        in this paragraph prevents any individual from being 
        represented by that individual's personal attorney.''.

SEC. 103. DESIGNATION OF MINER REPRESENTATIVE.

    Section 103(f) (30 U.S.C. 813(f)) is amended by inserting before 
the last sentence the following: ``If any miner is entrapped or 
otherwise prevented as the result of an accident in such mine from 
designating such a representative directly, such miner's closest 
relative may act on behalf of such miner in designating such a 
representative. If any miner is not currently working in such mine as 
the result of an accident in such mine, but would be currently working 
in such mine but for such accident, such miner may designate such a 
representative. A representative of miners shall have the right to 
participate in any accident investigation the Secretary initiates 
pursuant to subsection (b), including the right to participate in 
investigative interviews and to review all relevant papers, books, 
documents and records produced in connection with the accident 
investigation, unless the Secretary in consultation with the Attorney 
General excludes such representatives from the investigation on the 
grounds that inclusion would interfere with or adversely impact a 
criminal investigation that is pending or under consideration.''.

SEC. 104. ADDITIONAL AMENDMENTS RELATING TO INSPECTIONS AND 
              INVESTIGATIONS.

    (a) Hours of Inspections.--Section 103(a) (30 U.S.C. 813(a)) is 
amended by inserting after the third sentence the following: ``Such 
inspections shall be conducted during the various shifts and days of 
the week during which miners are normally present in the mine to ensure 
that the protections of this Act are afforded to all miners working all 
shifts.''.
    (b) Review of Mine Pattern Status.--Section 103(a) is further 
amended by inserting before the last sentence the following: ``The 
Secretary shall, upon request by an operator, review with the 
appropriate mine officials the Secretary's most recent evaluation for 
pattern status (as provided in section 104(e)) for that mine during the 
course of a mine's regular quarterly inspection of an underground mine 
or a biannual inspection of a surface mine, or, at the discretion of 
the Secretary, during the pre-inspection conference.''.
    (c) Injury and Illness Reporting.--Section 103(d) (30 U.S.C. 
813(d)) is amended by striking the last sentence and inserting the 
following: ``The records to be kept and made available by the operator 
of the mine shall include man-hours worked and occupational injuries 
and illnesses with respect to the miners in their employ or under their 
direction or authority, and shall be maintained separately for each 
mine and be reported at a frequency determined by the Secretary, but at 
least annually. Independent contractors (within the meaning of section 
3(d)) shall be responsible for reporting accidents, occupational 
injuries and illnesses, and man-hours worked for each mine with respect 
to the miners in their employ or under their direction or authority, 
and shall be reported at a frequency determined by the Secretary, but 
not less than annually. Reports or records of operators and contractors 
required and submitted to the Secretary under this subsection shall be 
signed and certified as accurate and complete by a knowledgeable and 
responsible person possessing a certification, registration, 
qualification, or other approval, as provided for under section 118. 
Knowingly falsifying such records or reports shall be grounds for 
revoking such certification, registration, qualification, or other 
approval under the standards established under subsection (b)(1) of 
such section.''.
    (d) Orders Following an Accident.--Section 103(k) (30 U.S.C. 
813(k)) is amended by striking ``, when present,''.
    (e) Conflict of Interest in the Representation of Miners.--Section 
103(a) (30 U.S.C. 813(a)) is amended by adding at the end the 
following: ``During inspections and investigations under this section, 
and during any litigation under this Act, no attorney shall represent 
or purport to represent both the operator of a coal or other mine and 
any other individual, unless such individual has knowingly and 
voluntarily waived all actual and reasonably foreseeable conflicts of 
interest resulting from such representation. The Secretary is 
authorized to take such actions as the Secretary considers appropriate 
to ascertain whether such individual has knowingly and voluntarily 
waived all such conflicts of interest. If the Secretary finds that such 
an individual cannot be represented adequately by such an attorney due 
to such conflicts of interest, the Secretary may petition the 
appropriate United States District Court which shall have jurisdiction 
to disqualify such attorney as counsel to such individual in the 
matter. The Secretary may make such a motion as part of an ongoing 
related civil action or as a miscellaneous action.''.

                TITLE II--ENHANCED ENFORCEMENT AUTHORITY

SEC. 201. TECHNICAL AMENDMENT.

    Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amended--
            (1) in the first sentence--
                    (A) by striking ``any mandatory health or safety 
                standard'' and inserting ``any provision of this Act, 
                including any mandatory health or safety standard or 
                regulation promulgated under this Act''; and
                    (B) by striking ``such mandatory health or safety 
                standards'' and inserting ``such provisions, 
                regulations, or mandatory health or safety standards''; 
                and
            (2) in the second sentence, by striking ``any mandatory 
        health or safety standard'' and inserting ``any provision of 
        this Act, including any mandatory health or safety standard or 
        regulation promulgated under this Act,''.

SEC. 202. A PATTERN OF RECURRING NONCOMPLIANCE OR ACCIDENTS.

    Section 104(e) (30 U.S.C. 814(e)) is amended to read as follows:
    ``(e) Pattern of Recurring Noncompliance or Accidents.--
            ``(1) Pattern status.--
                    ``(A) In general.--For purposes of this subsection, 
                a coal or other mine shall be placed in pattern status 
                if such mine has, as determined based on the 
                regulations promulgated under paragraph (8)--
                            ``(i) a pattern of--
                                    ``(I) citations for significant and 
                                substantial violations;
                                    ``(II) citations and withdrawal 
                                orders issued for unwarrantable failure 
                                to comply with mandatory health and 
                                safety standards under section 104(d);
                                    ``(III) citations for flagrant 
                                violations within the meaning of 
                                section 110(b);
                                    ``(IV) withdrawal orders issued 
                                under any other section of this Act 
                                (other than orders issued under 
                                subsections (j) or (k) of section 103); 
                                and
                                    ``(V) accidents and injuries; or
                            ``(ii) a pattern consisting of any 
                        combination of citations, orders, accidents, or 
                        injuries described in subclauses (I) through 
                        (V).
                    ``(B) Mitigating circumstances.--Notwithstanding 
                subparagraph (A), if the Secretary, after conducting an 
                assessment of a coal or other mine that otherwise 
                qualifies for pattern status, certifies that there are 
                mitigating circumstances wherein the operator has 
                already implemented remedial measures that have reduced 
                risks to the health and safety of miners to the point 
                that such risks are no longer elevated and has taken 
                sufficient measures to ensure such elevated risk will 
                not recur, the Secretary may deem such mine to not be 
                in pattern status under this subsection. The Secretary 
                shall issue any such certification of such mitigating 
                circumstances that would preclude the placement of a 
                mine in pattern status as a written finding, which 
                shall, not later than 10 days after the certification 
                is made, be--
                            ``(i) made available on the public website 
                        of the Mine Safety and Health Administration; 
                        and
                            ``(ii) transmitted to the Committee on 
                        Education and Labor of the House of 
                        Representatives and the Committee on Health, 
                        Education, Labor, and Pensions of the Senate.
                    ``(C) Frequency.--Not less frequently than every 6 
                months, the Secretary shall identify any mines which 
                meet the criteria set forth in paragraph (8).
            ``(2) Actions following placement of mine in pattern 
        status.--For any coal or other mine that is in pattern status, 
        the Secretary shall--
                    ``(A) notify the operator of such mine that the 
                mine is being placed in pattern status;
                    ``(B) issue an order requiring such operator to 
                cause all persons to be withdrawn from such mine, 
                except those persons referred to in subsection (c) or 
                authorized by an order of the Secretary issued under 
                this subsection;
                    ``(C) issue a remediation order described in 
                paragraph (3) to such operator within 3 days; and
                    ``(D) require that the number of regular 
                inspections of such mine required under section 103 be 
                increased to 8 per year while the mine is in pattern 
                status.
        Notice advising operators that they face potential placement in 
        pattern status shall not be a requirement for issuing a 
        withdrawal order to operators under this subsection.
            ``(3) Remediation order.--
                    ``(A) In general.--A remediation order issued to an 
                operator under paragraph (2)(C) may require the 
                operator to carry out one or more of the following 
                requirements, pursuant to a timetable for commencing 
                and completing such actions or as a condition of miners 
                reentering the mine:
                            ``(i) Provide specified training, including 
                        training not otherwise required under this Act.
                            ``(ii) Institute and implement an effective 
                        health and safety management program approved 
                        by the Secretary, including--
                                    ``(I) the employment of safety 
                                professionals, certified persons, and 
                                adequate numbers of personnel for the 
                                mine, as may be required by the 
                                Secretary;
                                    ``(II) specific inspection, 
                                recordkeeping, reporting and other 
                                requirements for the mine as the 
                                Secretary may establish; and
                                    ``(III) other requirements to 
                                ensure compliance and to protect the 
                                health and safety of miners or prevent 
                                accidents or injuries as the Secretary 
                                may determine are necessary.
                            ``(iii) Facilitate any effort by the 
                        Secretary to communicate directly with miners 
                        employed at the mine outside the presence of 
                        the mine operators or its agents, for the 
                        purpose of obtaining information about mine 
                        conditions, health and safety practices, or 
                        advising miners of their rights under this Act.
                    ``(B) Modification of and failure to comply with 
                remediation order.--The Secretary may modify the 
                remediation order, as necessary, to protect the health 
                and safety of miners. If the mine operator fails to 
                fully comply with the remediation order during the time 
                a mine is in pattern status, the Secretary shall 
                reinstate the withdrawal order under paragraph (2)(B).
                    ``(C) Extension of deadlines.--An extension of a 
                deadline under the remediation order may be granted on 
                a temporary basis and only upon a showing that the 
                operator took all feasible measures to comply with the 
                order and only to the extent that the operator's 
                failure to comply is beyond the control of the 
                operator.
            ``(4) Conditions for lifting a withdrawal order.--A 
        withdrawal order issued under paragraph (2)(B) shall not be 
        lifted until the Secretary verifies that--
                    ``(A) any and all violations or other conditions in 
                the mine identified in the remediation order have been 
                or are being fully abated or corrected as outlined in 
                the remediation order; and
                    ``(B) the operator has completed any other actions 
                under the remediation order that are required for 
                reopening the mine.
            ``(5) Performance evaluation.--
                    ``(A) Performance benchmarks.--The Secretary shall 
                evaluate the performance of each mine in pattern status 
                every 90 days during which the mine is producing and 
                determine if, for such 90-day period--
                            ``(i) the rate of citations at such mine 
                        for significant and substantial violations--
                                    ``(I) is in the top performing 35th 
                                percentile of such rates, respectively, 
                                for all mines of similar size and type; 
                                or
                                    ``(II) has been reduced by 70 
                                percent from the date on which such 
                                mine was placed in pattern status, 
                                provided that the rate of such 
                                violations is not greater than the mean 
                                for all mines of similar size and type;
                            ``(ii) the accident and injury rates at 
                        such mine are in the top performing 35th 
                        percentile of such rates, respectively, for all 
                        mines of similar size and type; and
                            ``(iii) no citations or withdrawal orders 
                        for a violation under section 104(d), no 
                        withdrawal orders for imminent danger under 
                        section 107 (issued in connection with a 
                        citation), and no flagrant violations within 
                        the meaning of section 110(b), were issued for 
                        such mine.
                    ``(B) Reissuance of withdrawal orders.--If an 
                operator being evaluated fails to achieve the 
                performance benchmarks described in subparagraph (A), 
                the Secretary may reissue a withdrawal order under 
                paragraph (2)(B) to remedy any recurring conditions 
                that led to pattern status under this subsection, and 
                may modify the remediation order, as necessary, to 
                protect the health and safety of miners.
            ``(6) Termination of pattern status.--
                    ``(A) Performance benchmarks.--The Secretary shall 
                remove a coal or other mine from pattern status if, for 
                a 1-year period during which the mine is producing--
                            ``(i) the rate of citations at such mine 
                        for significant and substantial violations--
                                    ``(I) is in the top performing 25th 
                                percentile of such rates, respectively, 
                                for all mines of similar size and type; 
                                or
                                    ``(II) has been reduced by 80 
                                percent from the date on which such 
                                mine was placed in pattern status, 
                                provided that the rate of such 
                                violations is not greater than the mean 
                                for all mines of similar size and type;
                            ``(ii) the accident and injury rates at 
                        such mine are in the top performing 25th 
                        percentile of such rates, respectively, for all 
                        mines of similar size and type; and
                            ``(iii) no citations or withdrawal orders 
                        for violations under section 104(d), no 
                        withdrawal orders for imminent danger under 
                        section 107 (issued in connection with a 
                        citation), and no flagrant violations within 
                        the meaning of section 110(b), were issued for 
                        such mine.
                    ``(B) Continuation of pattern status.--Should the 
                mine operator fail to meet the performance benchmarks 
                described in subparagraph (A), the Secretary shall 
                extend the mine's placement in pattern status until 
                such benchmarks are achieved.
                    ``(C) Construction.--A withdrawal order issued as 
                the result of a condition that was entirely beyond the 
                operator's ability to prevent or control shall not 
                preclude the operator from being removed from pattern 
                status, provided the operator did not cause or allow 
                miners to be exposed to the condition in violation of 
                any provision of this Act or a mandatory health or 
                safety standard or regulation promulgated under this 
                Act.
            ``(7) Expedited review.--If any order under this subsection 
        is contested, the review of such order shall be conducted on an 
        expedited basis, in accordance with section 105(d).
            ``(8) Regulations.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of the Robert C. Byrd Miner 
                Safety and Health Act of 2010, the Secretary shall 
                issue interim final regulations that shall define--
                            ``(i) the threshold benchmarks to trigger 
                        pattern status under paragraph (1) and cause a 
                        withdrawal order to be issued or reissued; and
                            ``(ii) the performance benchmarks described 
                        in paragraphs (5)(A) and (6)(A).
                    ``(B) Threshold benchmarks.--In establishing 
                threshold benchmarks to trigger pattern status for 
                mines with significantly poor compliance that 
                contributes to unsafe or unhealthy conditions, the 
                Secretary--
                            ``(i) shall--
                                    ``(I) consider rates of citations 
                                and orders described in paragraph 
                                (1)(A) and rates of reportable 
                                accidents and injuries within the 
                                preceding 180-day period; and
                                    ``(II) assign appropriate weight to 
                                various types of citations, orders, 
                                accidents, injuries, or other factors; 
                                and
                            ``(ii) may include--
                                    ``(I) factors such as mine type, 
                                production levels, number of miners, 
                                hours worked by miners, number of 
                                mechanized mining units (or similar 
                                production characteristics), and the 
                                presence of a representative of miners 
                                at the mine for purposes of collective 
                                bargaining;
                                    ``(II) the mine's history of 
                                citations, violations, orders, and 
                                other enforcement actions, or rates of 
                                reportable accidents and injuries, over 
                                any period determined relevant by the 
                                Secretary; and
                                    ``(III) other factors the Secretary 
                                may determine appropriate to protect 
                                the safety and health of miners.
                    ``(C) Final regulation.--Not later than 2 years 
                after the date of enactment of the Robert C. Byrd Miner 
                Safety and Health Act of 2010, the Secretary shall 
                promulgate a final regulation implementing this 
                paragraph.
            ``(9) Public database and information.--The Secretary shall 
        establish and maintain a publically available electronic 
        database containing the data used to determine pattern status 
        for all coal or other mines which shall be updated as 
        frequently as practicable. Such database shall be searchable 
        and have the capacity to provide comparative data about the 
        health and safety at mines of similar sizes and types. The 
        Secretary shall also make publicly available--
                    ``(A) a list of all mines the Secretary places in 
                pattern status, updated within 7 days of placing an 
                additional mine in pattern status;
                    ``(B) the metrics, including percentile 
                information, used for the purposes of the performance 
                benchmarks and threshold benchmarks described in 
                paragraphs (5), (6), and (8); and
                    ``(C) guidance for the use of such metrics and 
                benchmarks to assist operators in determining the 
                performance their mines under criteria established by 
                the Secretary.
            ``(10) Operator fees for additional inspections.--
                    ``(A) Assessment and collection.--Beginning 120 
                days after the date of enactment of the Robert C. Byrd 
                Miner Safety and Health Act of 2010, the Secretary 
                shall assess and collect fees, in accordance with this 
                paragraph, from each coal or other mine in pattern 
                status for the costs of additional inspections under 
                this subsection. The Secretary shall issue, by rule, a 
                schedule of fees to be assessed against coal or other 
                mines of varying types and sizes, and shall collect and 
                assess amounts under this paragraph based on the 
                schedule.
                    ``(B) Use.--Amounts collected as provided in 
                subparagraph (A) shall only be available to the 
                Secretary for making expenditures to carry out the 
                additional inspections required under paragraph (2)(D).
                    ``(C) Authorization of appropriations.--In addition 
                to any other amounts authorized to be appropriated 
                under this Act, there is authorized to be appropriated 
                to the Assistant Secretary for Mine Safety and Health 
                for each fiscal year in which fees are collected under 
                subparagraph (A) an amount equal to the total amount of 
                fees collected under such subparagraph during that 
                fiscal year. Such amounts are authorized to remain 
                available until expended. If on the first day of a 
                fiscal year a regular appropriation to the Commission 
                has not been enacted, the Commission shall continue to 
                collect fees (as offsetting collections) under this 
                subsection at the rate in effect during the preceding 
                fiscal year, until 5 days after the date such regular 
                appropriation is enacted.
                    ``(D) Collection and crediting of fees.--Fees 
                authorized and collected under this paragraph shall be 
                deposited and credited as offsetting collections to the 
                account providing appropriations to the Mine Safety and 
                Health Administration and shall not be collected for 
                any fiscal year except to the extent and in the amount 
                provided in advance in appropriation Acts.''.

SEC. 203. INJUNCTIVE AUTHORITY.

    Section 108(a)(2) (30 U.S.C. 818(a)(2)) is amended by striking ``a 
pattern of violation of'' and all that follows and inserting ``a course 
of conduct that in the judgment of the Secretary constitutes a 
continuing hazard to the health or safety of miners, including 
violations of this Act or of mandatory health and safety standards or 
regulations under this Act.''.

SEC. 204. REVOCATION OF APPROVAL OF PLANS.

    Section 105 (30 U.S.C. 815) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Revocation of Approval of Plans.--
            ``(1) Revocation.--If the Secretary finds that any program 
        or plan of an operator, or part thereof, that was approved by 
        the Secretary under this Act is based on inaccurate information 
        or that circumstances that existed when such plan was approved 
        have materially changed and that continued operation of such 
        mine under such plan constitutes a hazard to the safety or 
        health of miners, the Secretary shall revoke the approval of 
        such program or plan.
            ``(2) Withdrawal orders.--Upon revocation of the approval 
        of a program or plan under subsection (a), the Secretary may 
        immediately issue an order requiring the operator to cause all 
        persons, except those persons referred to in section 104(c), to 
        be withdrawn from such mine or an area of such mine, and to be 
        prohibited from entering such mine or such area, until the 
        operator has submitted and the Secretary has approved a new 
        plan.''.

SEC. 205. CHALLENGING A DECISION TO APPROVE, MODIFY, OR REVOKE A COAL 
              OR OTHER MINE PLAN.

    Section 105(e) (as redesignated by section 204(1)) (30 U.S.C. 
815(e)) is amended by adding at the end the following: ``In any 
proceeding in which a party challenges the Secretary's decision to 
approve, modify, or revoke a coal or other mine plan under this Act, 
the Commission and the courts shall affirm the Secretary's decision 
unless the challenging party establishes that such decision was 
arbitrary, capricious, an abuse of discretion, or otherwise not in 
accordance with law.''.

SEC. 206. GAO STUDY ON MSHA MINE PLAN APPROVAL.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall provide a report to Congress on the 
timeliness of the Mine Safety and Health Administration's approval of 
underground coal mines' required plans and plan amendments, including--
            (1) factors that contribute to any delays in the approval 
        of these plans; and
            (2) as appropriate, recommendations for improving 
        timeliness of plan review and for achieving prompt decisions.

                          TITLE III--PENALTIES

SEC. 301. CIVIL PENALTIES.

    (a) Technical Correction.--Section 110(a)(1) (30 U.S.C. 820(a)(1)) 
is amended by inserting ``including any regulation promulgated under 
this Act,'' after ``this Act,''.
    (b) Increased Civil Penalties During Pattern Status.--Section 
110(b) (30 U.S.C. 820(b)) is amended by adding at the end the 
following:
    ``(3) Notwithstanding any other provision of this Act, an operator 
of a coal or other mine that is in pattern status under section 104(e) 
and that fails to meet the performance benchmarks set forth by the 
Secretary under section 104(e)(5)(A) during any performance review of 
the mine following the first performance review shall be assessed an 
increased civil penalty for any violation of this Act, including any 
mandatory health or safety standard or regulation promulgated under 
this Act. Such increased penalty shall be twice the amount that would 
otherwise be assessed for the violation under this Act, including the 
regulations promulgated under this Act, subject to the maximum civil 
penalty established for the violation under this Act. This paragraph 
shall apply to violations at such mine that occur during the time 
period after the operator fails to meet the performance benchmarks in 
this paragraph, and ending when the Secretary determines at a 
subsequent performance review that the mine meets the performance 
benchmarks under section 104(e)(5)(A).''.
    (c) Civil Penalty for Retaliation.--Section 110(a) (30 U.S.C. 
820(a)) is further amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
    ``(4) If any person violates section 105(c), the Secretary shall 
propose, and the Commission shall assess, a civil penalty of not less 
than $10,000 or more than $100,000 for the first occurrence of such 
violation, and not less than $20,000 or more than $200,000 for any 
subsequent violation, during any 3-year period.''.

SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DIRECTORS, AND 
              AGENTS.

    Section 110(c) (30 U.S.C. 820(c)) is amended to read as follows:
    ``(c) Civil and Criminal Liability of Officers, Directors, and 
Agents.--Whenever an operator violates a provision of this Act, 
including any mandatory health or safety standard or regulation 
promulgated under this Act, or knowingly violates or fails or refuses 
to comply with any order issued under this Act or any order 
incorporated in a final decision issued under this Act, any director, 
officer, or agent of such operator who knowingly authorized, ordered, 
or carried out such violation, failure, or refusal, or any policy or 
practice that resulted in such violation, failure, or refusal, shall be 
subject to the same civil penalties, fines, and imprisonment that may 
be imposed upon a person under this section.''.

SEC. 303. CRIMINAL PENALTIES.

    (a) In General.--Section 110(d) (30 U.S.C. 820(d)) is amended--
            (1) by inserting ``(1)'' before ``Any operator'';
            (2) by striking ``willfully'' and inserting ``knowingly''; 
        and
            (3) by striking ``by a fine of not more than'' and all that 
        follows and inserting ``as follows:
            ``(A) By a fine of not more than $250,000, or by 
        imprisonment for not more than 1 year, or both.
            ``(B) If the conviction is for a violation committed after 
        a previous conviction of such operator for a violation of the 
        same mandatory health or safety standard, by a fine of not more 
        than $1,000,000, or by imprisonment for not more than 5 years, 
        or both.
            ``(C) If the conviction is for a violation committed after 
        a previous conviction of such operator for a violation of an 
        order, by a fine of not more than $1,000,000, or by 
        imprisonment for not more than 5 years, or both.
            ``(D) If the operator's actions knowingly exposed miners to 
        a significant risk of serious injury or illness or death, by a 
        fine of not more than $1,000,000, or by imprisonment for not 
        more than 5 years, or both.
            ``(E) If the operator knowingly tampered with or disabled a 
        required safety device which exposed miners to a significant 
        risk of serious injury or illness or death, or if the 
        conviction is for a violation described in subparagraph (D) 
        committed after a previous conviction of such operator for a 
        such a violation, by a fine of not more than $2,000,000, or by 
        imprisonment for not more than 10 years, or both.''.
    (b) Criminal Penalty for Retaliation.--Section 110(d) (as amended 
by subsection (a)) is further amended by adding at the end the 
following:
    ``(2) Whoever knowingly takes any action that is directly or 
indirectly harmful to any person, including action that interferes with 
the lawful employment or livelihood of any person, because such person 
has provided an authorized representative of the Secretary, a State or 
local mine safety or health officer or official, or any other law 
enforcement officer with any information related to the existence of a 
health or safety violation or an unhealthful or unsafe condition, 
policy, or practice under this Act shall be fined under title 18, 
United States Code, imprisoned for not more than 10 years, or both.''.
    (c) Advance Notice of Inspections.--
            (1) In general.--Section 110(e) (30 U.S.C. 820(e)) is 
        amended to read as follows:
    ``(e) Unless otherwise authorized by this Act, any person that 
knowingly gives, causes to give, or attempts to give or cause to give, 
advance notice of any inspection conducted under this Act with the 
intention of impeding, interfering with, or adversely affecting the 
results of such inspection, shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, or both.''.
            (2) Posting of advance notice penalties.--Section 109 (30 
        U.S.C. 819) is amended by adding at the end the following:
    ``(e) Posting of Advance Notice Penalties.--Each operator of a coal 
or other mine shall post, on the bulletin board described in subsection 
(a) and in a conspicuous place near each staffed entrance onto the mine 
property, a notice stating, in a form and manner to be prescribed by 
the Secretary--
            ``(1) that giving, causing to give, or attempting to give 
        or cause to give advance notice of any inspection to be 
        conducted under this Act with the intention of impeding, 
        interfering with, or adversely affecting the results of such 
        inspection is unlawful pursuant to section 110(e); and
            ``(2) the maximum penalties for a violation under such 
        subsection.''.

SEC. 304. COMMISSION REVIEW OF PENALTY ASSESSMENTS.

    Section 110(i) (30 U.S.C. 820(i)) is amended by striking ``In 
assessing civil monetary penalties, the Commission shall consider'' and 
inserting the following: ``In any review of a citation and proposed 
penalty assessment contested by an operator, the Commission shall 
assess not less than the penalty derived by using the same methodology 
(including any point system) prescribed in regulations under this Act, 
so as to ensure consistency in operator penalty assessments, except 
that the Commission may assess a penalty for less than the amount that 
would result from the utilization of such methodology if the Commission 
finds that there are extraordinary circumstances. If there is no such 
methodology prescribed for a citation or there are such extraordinary 
circumstances, the Commission shall assess the penalty by 
considering''.

SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT INTEREST.

    (a) Pre-Final Order Interest.--Section 110(j) (30 U.S.C. 820(j)) is 
amended by striking the second and third sentences and inserting the 
following: ``Pre-final order interest on such penalties shall begin to 
accrue on the date the operator contests a citation issued under this 
Act, including any mandatory health or safety standard or regulation 
promulgated under this Act, and shall end upon the issuance of the 
final order. Such pre-final order interest shall be calculated at the 
current underpayment rate determined by the Secretary of the Treasury 
pursuant to section 6621 of the Internal Revenue Code of 1986, and 
shall be compounded daily. Post-final order interest shall begin to 
accrue 30 days after the date a final order of the Commission or the 
court is issued, and shall be charged at the rate of 8 percent per 
annum.''.
    (b) Ensuring Payment of Penalties.--
            (1) Amendments.--Section 110 (30 U.S.C. 820) is further 
        amended--
                    (A) by redesignating subsection (l) as subsection 
                (m); and
                    (B) by inserting after subsection (k) the 
                following:
    ``(l) Ensuring Payment of Penalties.--
            ``(1) Delinquent payment letter.--If the operator of a coal 
        or other mine fails to pay any civil penalty assessment that 
        has become a final order of the Commission or a court within 45 
        days after such assessment became a final order, the Secretary 
        shall send the operator a letter advising the operator of the 
        consequences under this subsection of such failure to pay. The 
        letter shall also advise the operator of the opportunity to 
        enter into or modify a payment plan with the Secretary based 
        upon a demonstrated inability to pay, the procedure for 
        entering into such plan, and the consequences of not entering 
        into or not complying with such plan.
            ``(2) Withdrawal orders following failure to pay.--If an 
        operator that receives a letter under paragraph (1) has not 
        paid the assessment by the date that is 180 days after such 
        assessment became a final order and has not entered into a 
        payment plan with the Secretary, the Secretary shall issue an 
        order requiring such operator to cause all persons, except 
        those referred to in section 104(c), to be withdrawn from, and 
        to be prohibited from entering, the mine that is covered by the 
        final order described in paragraph (1), until the operator pays 
        such assessment in full (including interest and administrative 
        costs) or enters into a payment plan with the Secretary. If 
        such operator enters into a payment plan with the Secretary and 
        at any time fails to comply with the terms specified in such 
        payment plan, the Secretary shall issue an order requiring such 
        operator to cause all persons, except those referred to in 
        section 104(c), to be withdrawn from the mine that is covered 
        by such final order, and to be prohibited from entering such 
        mine, until the operator rectifies the noncompliance with the 
        payment plan in the manner specified in such payment plan.''.
            (2) Applicability and effective date.--The amendments made 
        by paragraph (1) shall apply to all unpaid civil penalty 
        assessments under the Federal Mine Safety and Health Act of 
        1977 (30 U.S.C. 801 et seq.), except that, for any unpaid civil 
        penalty assessment that became a final order of the Commission 
        or a court before the date of enactment of this Act, the time 
        periods under section 110(n) of the Federal Mine Safety and 
        Health Act of 1977 (as amended) (30 U.S.C. 820(n)) shall be 
        calculated as beginning on the date of enactment of this Act 
        instead of on the date of the final order.

                TITLE IV--WORKER RIGHTS AND PROTECTIONS

SEC. 401. PROTECTION FROM RETALIATION.

    Section 105(c) (30 U.S.C. 815(c)) is amended to read as follows:
    ``(c) Protection From Retaliation.--
            ``(1) Retaliation prohibited.--
                    ``(A) Retaliation for complaint or testimony.--No 
                person shall discharge or in any manner discriminate 
                against or cause to be discharged or cause 
                discrimination against or otherwise interfere with the 
                exercise of the statutory rights of any miner or other 
                employee of an operator, representative of miners, or 
                applicant for employment, because--
                            ``(i) such miner or other employee, 
                        representative, or applicant for employment--
                                    ``(I) has filed or made a 
                                complaint, or is about to file or make 
                                a complaint, including a complaint 
                                notifying the operator or the 
                                operator's agent, or the representative 
                                of the miners at the coal or other mine 
                                of an alleged danger or safety or 
                                health violation in a coal or other 
                                mine;
                                    ``(II) instituted or caused to be 
                                instituted, or is about to institute or 
                                cause to be instituted, any proceeding 
                                under or related to this Act or has 
                                testified or is about to testify in any 
                                such proceeding or because of the 
                                exercise by such miner or other 
                                employee, representative, or applicant 
                                for employment on behalf of him or 
                                herself or others of any right afforded 
                                by this Act, or has reported any injury 
                                or illness to an operator or agent;
                                    ``(III) has testified or is about 
                                to testify before Congress or any 
                                Federal or State proceeding related to 
                                safety or health in a coal or other 
                                mine; or
                                    ``(IV) refused to violate any 
                                provision of this Act, including any 
                                mandatory health and safety standard or 
                                regulation; or
                            ``(ii) such miner is the subject of medical 
                        evaluations and potential transfer under a 
                        standard published pursuant to section 101.
                    ``(B) Retaliation for refusal to perform duties.--
                            ``(i) In general.--No person shall 
                        discharge or in any manner discriminate against 
                        a miner or other employee of an operator for 
                        refusing to perform the miner's or other 
                        employee's duties if the miner or other 
                        employee has a good-faith and reasonable belief 
                        that performing such duties would pose a safety 
                        or health hazard to the miner or other employee 
                        or to any other miner or employee.
                            ``(ii) Standard.--For purposes of clause 
                        (i), the circumstances causing the miner's or 
                        other employee's good-faith belief that 
                        performing such duties would pose a safety or 
                        health hazard shall be of such a nature that a 
                        reasonable person, under the circumstances 
                        confronting the miner or other employee, would 
                        conclude that there is such a hazard. In order 
                        to qualify for protection under this paragraph, 
                        the miner or other employee, when practicable, 
                        shall have communicated or attempted to 
                        communicate the safety or health concern to the 
                        operator and have not received from the 
                        operator a response reasonably calculated to 
                        allay such concern.
            ``(2) Complaint.--Any miner or other employee or 
        representative of miners or applicant for employment who 
        believes that he or she has been discharged, disciplined, or 
        otherwise discriminated against by any person in violation of 
        paragraph (1) may file a complaint with the Secretary alleging 
        such discrimination not later than 180 days after the later 
        of--
                    ``(A) the last date on which an alleged violation 
                of paragraph (1) occurs; or
                    ``(B) the date on which the miner or other employee 
                or representative knows or should reasonably have known 
                that such alleged violation occurred.
            ``(3) Investigation and hearing.--
                    ``(A) Commencement of investigation and initial 
                determination.--Upon receipt of such complaint, the 
                Secretary shall forward a copy of the complaint to the 
                respondent, and shall commence an investigation within 
                15 days of the Secretary's receipt of the complaint, 
                and, as soon as practicable after commencing such 
                investigation, make the determination required under 
                subparagraph (B) regarding the reinstatement of the 
                miner or other employee.
                    ``(B) Reinstatement.--If the Secretary finds that 
                such complaint was not frivolously brought, the 
                Commission, on an expedited basis upon application of 
                the Secretary, shall order the immediate reinstatement 
                of the miner or other employee until there has been a 
                final Commission order disposing of the underlying 
                complaint of the miner or other employee. If either the 
                Secretary or the miner or other employee pursues the 
                underlying complaint, such reinstatement shall remain 
                in effect until the Commission has disposed of such 
                complaint on the merits, regardless of whether the 
                Secretary pursues such complaint by filing a complaint 
                under subparagraph (D) or the miner or other employee 
                pursues such complaint by filing an action under 
                paragraph (4). If neither the Secretary nor the miner 
                or other employee pursues the underlying complaint 
                within the periods specified in paragraph (4), such 
                reinstatement shall remain in effect until such time as 
                the Commission may, upon motion of the operator and 
                after providing notice and an opportunity to be heard 
                to the parties, vacate such complaint for failure to 
                prosecute.
                    ``(C) Investigation.--Such investigation shall 
                include interviewing the complainant and--
                            ``(i) providing the respondent an 
                        opportunity to submit to the Secretary a 
                        written response to the complaint and to 
                        present statements from witnesses or provide 
                        evidence; and
                            ``(ii) providing the complainant an 
                        opportunity to receive any statements or 
                        evidence provided to the Secretary and rebut 
                        any statements or evidence.
                    ``(D) Action by the secretary.--If, upon such 
                investigation, the Secretary determines that the 
                provisions of this subsection have been violated, the 
                Secretary shall immediately file a complaint with the 
                Commission, with service upon the alleged violator and 
                the miner or other employee or representative of miners 
                alleging such discrimination or interference and 
                propose an order granting appropriate relief.
                    ``(E) Action of the commission.--The Commission 
                shall afford an opportunity for a hearing (in 
                accordance with section 554 of title 5, United States 
                Code, but without regard to subsection (a)(3) of such 
                section) and thereafter shall issue an order, based 
                upon findings of fact, affirming, modifying, or 
                vacating the Secretary's proposed order, or directing 
                other appropriate relief. Such order shall become final 
                30 days after its issuance. The complaining miner or 
                other employee, representative, or applicant for 
                employment may present additional evidence on his or 
                her own behalf during any hearing held pursuant to this 
                paragraph.
                    ``(F) Relief.--The Commission shall have authority 
                in such proceedings to require a person committing a 
                violation of this subsection to take such affirmative 
                action to abate the violation and prescribe a remedy as 
                the Commission considers appropriate, including--
                            ``(i) the rehiring or reinstatement of the 
                        miner or other employee with back pay and 
                        interest and without loss of position or 
                        seniority, and restoration of the terms, 
                        rights, conditions, and privileges associated 
                        with the complainant's employment;
                            ``(ii) any other compensatory and 
                        consequential damages sufficient to make the 
                        complainant whole, and exemplary damages where 
                        appropriate; and
                            ``(iii) expungement of all warnings, 
                        reprimands, or derogatory references that have 
                        been placed in paper or electronic records or 
                        databases of any type relating to the actions 
                        by the complainant that gave rise to the 
                        unfavorable personnel action, and, at the 
                        complainant's direction, transmission of a copy 
                        of the decision on the complaint to any person 
                        whom the complainant reasonably believes may 
                        have received such unfavorable information.
            ``(4) Notice to and action of complainant.--
                    ``(A) Notice to complainant.--Not later than 90 
                days of the receipt of a complaint filed under 
                paragraph (2), the Secretary shall notify, in writing, 
                the miner or other employee, applicant for employment, 
                or representative of miners of his determination 
                whether a violation has occurred.
                    ``(B) Action of complainant.--If the Secretary, 
                upon investigation, determines that the provisions of 
                this subsection have not been violated, the complainant 
                shall have the right, within 30 days after receiving 
                notice of the Secretary's determination, to file an 
                action in his or her own behalf before the Commission, 
                charging discrimination or interference in violation of 
                paragraph (1).
                    ``(C) Hearing and decision.--The Commission shall 
                afford an opportunity for a hearing (in accordance with 
                section 554 of title 5, United States Code, but without 
                regard to subsection (a)(3) of such section), and 
                thereafter shall issue an order, based upon findings of 
                fact, dismissing or sustaining the complainant's 
                charges and, if the charges are sustained, granting 
                such relief as it deems appropriate as described in 
                paragraph (3)(D). Such order shall become final 30 days 
                after its issuance.
            ``(5) Burden of proof.--In adjudicating a complaint 
        pursuant to this subsection, the Commission may determine that 
        a violation of paragraph (1) has occurred only if the 
        complainant demonstrates that any conduct described in 
        paragraph (1) with respect to the complainant was a 
        contributing factor in the adverse action alleged in the 
        complaint. A decision or order that is favorable to the 
        complainant shall not be issued pursuant to this subsection if 
        the respondent demonstrates by clear and convincing evidence 
        that the respondent would have taken the same adverse action in 
        the absence of such conduct.
            ``(6) Attorneys' fees.--Whenever an order is issued 
        sustaining the complainant's charges under this subsection, a 
        sum equal to the aggregate amount of all costs and expenses, 
        including attorney's fees, as determined by the Commission to 
        have been reasonably incurred by the complainant for, or in 
        connection with, the institution and prosecution of such 
        proceedings shall be assessed against the person committing 
        such violation. The Commission shall determine whether such 
        costs and expenses were reasonably incurred by the complainant 
        without reference to whether the Secretary also participated in 
        the proceeding.
            ``(7)  Expedited proceedings; judicial review.--Proceedings 
        under this subsection shall be expedited by the Secretary and 
        the Commission. Any order issued by the Commission under this 
        subsection shall be subject to judicial review in accordance 
        with section 106. Violations by any person of paragraph (1) 
        shall be subject to the provisions of sections 108 and 
        110(a)(4).
            ``(8)  Procedural rights.--The rights and remedies provided 
        for in this subsection may not be waived by any agreement, 
        policy, form, or condition of employment, including by any pre-
        dispute arbitration agreement or collective bargaining 
        agreement.
            ``(9) Savings.--Nothing in this subsection shall be 
        construed to diminish the rights, privileges, or remedies of 
        any employee who exercises rights under any Federal or State 
        law or common law, or under any collective bargaining 
        agreement.''.

SEC. 402. PROTECTION FROM LOSS OF PAY.

    Section 111 (30 U.S.C. 821) is amended to read as follows:

``SEC. 111. ENTITLEMENT OF MINERS.

    ``(a) Protection From Loss of Pay.--
            ``(1) Withdrawal orders.--If a coal or other mine or area 
        of such mine is closed by an order issued under section 103, 
        104, 107, 108, or 110, all miners working during the shift when 
        such order was issued who are idled by such order shall be 
        entitled, regardless of the result of any review of such order, 
        to full compensation by the operator at their regular rates of 
        pay for the period they are idled, but for not more than the 
        balance of such shift. If such order is not terminated prior to 
        the next working shift, all miners on that shift who are idled 
        by such order shall be entitled to full compensation by the 
        operator at their regular rates of pay for the period they are 
        idled, but for not more than four hours of such shift. If a 
        coal or other mine or area of such mine is closed by an order 
        issued under section 104, 107 (in connection with a citation), 
        108, or 110, all miners who are idled by such order shall be 
        entitled, regardless of the result of any review of such order, 
        to full compensation by the operator at their regular rates of 
        pay and in accordance with their regular schedules of pay for 
        the entire period for which they are idled, not to exceed 60 
        days.
            ``(2) Closure in advance of order.--If the Secretary finds 
        that such mine or such area of a mine was closed by the 
        operator in anticipation of the issuance of such an order, all 
        miners who are idled by such closure shall be entitled to full 
        compensation by the operator at their regular rates of pay and 
        in accordance with their regular schedules of pay, from the 
        time of such closure until such time as the Secretary 
        authorizes reopening of such mine or such area of the mine, not 
        to exceed 60 days, except where an operator promptly withdraws 
        miners upon discovery of a hazard, and notifies the Secretary 
        where required, and within the prescribed time period.
            ``(3) Refusal to comply.--Whenever an operator violates or 
        fails or refuses to comply with any order issued under section 
        103, 104, 107, 108, or 110, all miners employed at the affected 
        mine who would have been withdrawn from, or prevented from 
        entering, such mine or area thereof as a result of such order 
        shall be entitled to full compensation by the operator at their 
        regular rates of pay, in addition to pay received for work 
        performed after such order was issued, for the period beginning 
        when such order was issued and ending when such order is 
        complied with, vacated, or terminated.
    ``(b) Enforcement.--
            ``(1) Commission orders.--The Commission shall have 
        authority to order compensation due under this section upon the 
        filing of a complaint by a miner or his representative and 
        after opportunity for hearing subject to section 554 of title 
        5, United States Code. Whenever the Commission issues an order 
        sustaining the complaint under this subsection in whole or in 
        part, the Commission shall award the complainant reasonable 
        attorneys' fees and costs.
            ``(2) Failure to pay compensation due.--Consistent with the 
        authority of the Secretary to order miners withdrawn from a 
        mine under this Act, the Secretary shall order a mine that has 
        been subject to a withdrawal order under section 103, 104, 107, 
        108, or 110, and has reopened, to be closed again if 
        compensation in accordance with the provisions of this section 
        is not paid by the end of the next regularly scheduled payroll 
        period following the lifting of a withdrawal order.
    ``(c) Expedited Review.--If an order is issued which results in 
payments to miners under subsection (a), the operators shall have the 
right to an expedited review before the Commission using timelines and 
procedures established pursuant to section 316(b)(2)(G)(ii).''.

SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR MINES PLACED 
              IN PATTERN STATUS.

    The Federal Mine Safety and Health Act of 1977 is further amended 
by adding at the end of title I the following:

``SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR MINES PLACED 
              IN PATTERN STATUS.

    ``(a) In General.--For purposes of ensuring miners' health and 
safety and miners' right to raise concerns thereof, when an underground 
coal mine is placed in pattern status pursuant to section 104(e), and 
for 3 years after such placement, the operator of such mine may not 
discharge or constructively discharge a miner who is paid on an hourly 
basis and employed at such underground coal mine without reasonable 
job-related grounds based on a failure to satisfactorily perform job 
duties, including compliance with this Act and with mandatory health 
and safety standards or other regulations issued under this Act, or 
other legitimate business reason, where the miner has completed the 
employer's probationary period, not to exceed 6 months.
    ``(b) Cause of Action.--A miner aggrieved by a violation of 
subsection (a) may file a complaint in Federal district court in the 
district where the mine is located within 1 year of such violation.
    ``(c) Remedies.--In an action under subsection (b), for any 
prevailing miner the court shall take affirmative action to further the 
purposes of the Act, which may include reinstatement with backpay and 
compensatory damages. Reasonable attorneys' fees and costs shall be 
awarded to any prevailing miner under this section.
    ``(d) Pre-Dispute Waiver Prohibited.--A miner's right to a cause of 
action under this section may not be waived with respect to disputes 
that have not arisen as of the time of the waiver.
    ``(e) Construction.--Nothing in this section shall be construed to 
limit the availability of rights and remedies of miners under any other 
State or Federal law or a collective bargaining agreement.''.

            TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS

SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS.

    Section 303(d) (30 U.S.C. 863(d)) is amended by adding at the end 
the following:
    ``(3)(A) Not later than 30 days after the issuance of the interim 
final rules promulgated under subparagraph (C), each operator of an 
underground coal mine shall implement a communication program at the 
underground coal mine to ensure that each miner is orally briefed on 
and made aware of, prior to traveling to or arriving at the miner's 
work area and commencing the miner's assigned tasks--
            ``(i) any conditions that are hazardous, or that violate a 
        mandatory health or safety standard or a plan approved under 
        this Act, where the miner is expected to work or travel; and
            ``(ii) the general conditions of that miner's assigned 
        working section or other area where the miner is expected to 
        work or travel.
    ``(B) Not later than 180 days after the date of enactment of the 
Robert C. Byrd Miner Safety and Health Act of 2010, the Secretary shall 
promulgate interim final rules implementing the requirements of 
subparagraph (A). The Secretary shall issue a final rule not later than 
2 years after such date.''.

SEC. 502. ROCK DUST STANDARDS.

    (a) Standards.--Section 304(d) (30 U.S.C. 864(d)) is amended--
            (1) by striking ``Where rock'' and inserting the following: 
        ``Rock Dust.--
            ``(1) In general.--Where rock'';
            (2) by striking ``65 per centum'' and all that follows and 
        inserting ``80 percent. Where methane is present in any 
        ventilating current, the percentage of incombustible content of 
        such combined dusts shall be increased 0.4 percent for each 0.1 
        percent of methane.''; and
            (3) by adding at the end the following:
            ``(2) Methods of measurement.--
                    ``(A) In general.--Each operator of an underground 
                coal mine shall take accurate and representative 
                samples which shall measure the total incombustible 
                content of combined coal dust, rock dust, and other 
                dust in such mine to ensure that the coal dust is kept 
                below explosive levels through the appropriate 
                application of rock dust.
                    ``(B) Direct reading monitors.--By the later of 
                June 15, 2011, or the date that is 30 days after the 
                Secretary of Health and Human Services has certified in 
                writing that direct reading monitors are commercially 
                available to measure total incombustible content in 
                samples of combined coal dust, rock dust, and other 
                dust and the Department of Labor has approved such 
                monitors for use in underground coal mines, the 
                Secretary shall require operators to take such dust 
                samples using direct reading monitors.
                    ``(C) Regulations.--The Secretary shall, not later 
                than 180 days after the date of enactment of the Robert 
                C. Byrd Miner Safety and Health Act of 2010, promulgate 
                an interim final rule that prescribes methods for 
                operator sampling of total incombustible content in 
                samples of combined coal dust, rock dust, and other 
                dust using direct reading monitors and includes 
                requirements for locations, methods, and intervals for 
                mandatory operator sampling.
                    ``(D) Recommendations.--Not later than 1 year after 
                the date of enactment of the Robert C. Byrd Miner 
                Safety and Health Act of 2010, the Secretary of Health 
                and Human Services shall, based upon the latest 
                research, recommend to the Secretary of Labor any 
                revisions to the mandatory operator sampling locations, 
                methods, and intervals included in the interim final 
                rule described in subparagraph (B) that may be 
                warranted in light of such research.
            ``(3) Limitation.--Until a final rule is issued by the 
        Secretary under section 502(b)(2) of the Robert C. Byrd Miner 
        Safety and Health Act of 2010, any measurement taken by a 
        direct reading monitor described in paragraph (2) shall not be 
        admissible to establish a violation in an enforcement action 
        under this Act.''.
    (b) Report and Rulemaking Authority.--
            (1) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services, in consultation with the Secretary of Labor, shall 
        prepare and submit, to the Committee on Education and Labor of 
        the House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate, a report--
                    (A) regarding whether any direct reading monitor 
                described in section 304(d)(2)(B) of the Federal Mine 
                Safety and Health Act of 1977 (30 U.S.C. 864(d)(2)(B)) 
                is sufficiently reliable and accurate for the 
                enforcement of the mandatory health or safety standards 
                by the Secretary of Labor under such Act, and whether 
                additional improvement to such direct reading monitor, 
                or additional verification regarding reliability and 
                accuracy, would be needed for enforcement purposes; and
                    (B) identifying any limitations or impediments for 
                such use in underground coal mines.
            (2) Authority.--If the Secretary determines that such 
        direct reading monitor is sufficiently reliable and accurate 
        for the enforcement of mandatory health and safety standards 
        under the Federal Mines Safety and Health Act of 1977 following 
        such report or any update thereto, the Secretary shall 
        promulgate a final rule authorizing the use of such direct 
        reading monitor for purposes of compliance and enforcement, in 
        addition to other methods for determining total incombustible 
        content. Such rule shall specify mandatory operator sampling 
        locations, methods, and intervals.

SEC. 503. ATMOSPHERIC MONITORING SYSTEMS.

    Section 317 (30 U.S.C. 877) is amended by adding at the end the 
following:
    ``(u) Atmospheric Monitoring Systems.--
            ``(1) NIOSH recommendations.--Not later than 1 year after 
        the date of enactment of the Robert C. Byrd Miner Safety and 
        Health Act of 2010, the Director of the National Institute for 
        Occupational Safety and Health, acting through the Office of 
        Mine Safety and Health Research, in consultation, including 
        through technical working groups, with operators, vendors, 
        State mine safety agencies, the Secretary, and labor 
        representatives of miners, shall issue recommendations to the 
        Secretary regarding--
                    ``(A) how to ensure that atmospheric monitoring 
                systems are utilized in the underground coal mining 
                industry to maximize the health and safety of 
                underground coal miners;
                    ``(B) the implementation of redundant systems, such 
                as the bundle tubing system, that can continuously 
                monitor the mine atmosphere following incidents such as 
                fires, explosions, entrapments, and inundations; and
                    ``(C) other technologies available to conduct 
                continuous atmospheric monitoring.
            ``(2) Atmospheric monitoring system regulations.--Not later 
        than 1 year following the receipt of the recommendations 
        described in paragraph (1), the Secretary shall promulgate 
        regulations requiring that each operator of an underground coal 
        mine install atmospheric monitoring systems, consistent with 
        such recommendations, that--
                    ``(A) protect miners where the miners normally work 
                and travel;
                    ``(B) provide real-time information regarding 
                methane and carbon monoxide levels, and airflow 
                direction, as appropriate, with sensing, annunciating, 
                and recording capabilities; and
                    ``(C) can, to the maximum extent practicable, 
                withstand explosions and fires.''.

SEC. 504. TECHNOLOGY RELATED TO RESPIRABLE DUST.

    Section 202(d) (30 U.S.C. 842(d)) is amended--
            (1) by striking ``of Health, Education, and Welfare''; and
            (2) by striking the second sentence and inserting the 
        following: ``Not later than 2 years after the date of enactment 
        of the Robert C. Byrd Miner Safety and Health Act of 2010, the 
        Secretary shall promulgate final regulations that require 
        operators, beginning on the date such regulations are issued, 
        to provide coal miners with the maximum feasible protection 
        from respirable dust, including coal and silica dust, that is 
        achievable through environmental controls, and that meet the 
        applicable standards.''.

SEC. 505. REFRESHER TRAINING ON MINER RIGHTS AND RESPONSIBILITIES.

    (a) In General.--Section 115(a)(3) (30 U.S.C. 825(a)(3)) is amended 
to read as follows:
            ``(3) all miners shall receive not less than 9 hours of 
        refresher training not less frequently than once every 12 
        months, and such training shall include one hour of training on 
        the statutory rights and responsibilities of miners and their 
        representatives under this Act and other applicable Federal and 
        State law, pursuant to a program of instruction developed by 
        the Secretary and delivered by an employee of the 
        Administration or by a trainer approved by the Administration 
        that is a party independent from the operator;''.
    (b) National Hazard Reporting Hotline.--Section 115 (30 U.S.C. 825) 
is further amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Any health and safety training program of instruction 
provided under this section shall include distribution to miners of 
information regarding miners' rights under the Act, as well as a toll-
free hotline telephone number, which the Secretary shall maintain to 
receive complaints from miners and the public regarding hazardous 
conditions, discrimination, safety or health violations, or other mine 
safety or health concerns. Information regarding the hotline shall be 
provided in a portable, convenient format, such as a durable wallet 
card, to enable miners to keep the information on their person.''.
    (c) Timing of Initial Statutory Rights Training.--Notwithstanding 
section 115 of the Federal Mine Safety and Health Act (as amended by 
subsection (a)) (30 U.S.C. 825) or the health and safety training 
program approved under such section, an operator shall ensure that all 
miners already employed by the operator on the date of enactment of 
this Act shall receive the one hour of statutory rights and 
responsibilities training described in section 115(a)(3) of such Act 
not later than 180 days after such date.

SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING.

    (a) In General.--Section 115 (30 U.S.C. 825) is further amended by 
redesignating subsections (e) and (f) (as redesignated) as subsections 
(f) and (g) and inserting after subsection (d) (as redesignated) the 
following:
    ``(e) Authority To Mandate Additional Training.--
            ``(1) In general.--The Secretary is authorized to issue an 
        order requiring that an operator of a coal or other mine 
        provide additional training beyond what is otherwise required 
        by law, and specifying the time within which such training 
        shall be provided, if the Secretary finds that--
                    ``(A)(i) a serious or fatal accident has occurred 
                at such mine; or
                    ``(ii) such mine has experienced accident and 
                injury rates, citations for violations of this Act 
                (including mandatory health or safety standards or 
                regulations promulgated under this Act), citations for 
                significant and substantial violations, or withdrawal 
                orders issued under this Act at a rate above the 
                average for mines of similar size and type; and
                    ``(B) additional training would benefit the health 
                and safety of miners at the mine.
            ``(2) Withdrawal order.--If the operator fails to provide 
        training ordered under paragraph (1) within the specified time, 
        the Secretary shall issue an order requiring such operator to 
        cause all affected persons, except those persons referred to in 
        section 104(c), to be withdrawn, and to be prohibited from 
        entering such mine, until such operator has provided such 
        training.''.
    (b) Conforming Amendments.--Section 104(g)(2) (30 U.S.C. 814(g)(2)) 
is amended by striking ``under paragraph (1)'' both places it appears 
and inserting ``under paragraph (1) or under section 115(e)''.

SEC. 507. CERTIFICATION OF PERSONNEL.

    (a) In General.--Title I is further amended by adding at the end 
the following:

``SEC. 118. CERTIFICATION OF PERSONNEL.

    ``(a) Certification Required.--Any person who is authorized or 
designated by the operator of a coal or other mine to perform any 
duties or provide any training that this Act, including a mandatory 
health or safety standard or regulation promulgated pursuant to this 
Act, requires to be performed or provided by a certified, registered, 
qualified, or otherwise approved person, shall be permitted to perform 
such duties or provide such training only if such person has a current 
certification, registration, qualification, or approval to perform such 
duties or provide such training consistent with the requirements of 
this section.
    ``(b) Establishment of Certification Requirements and Procedures.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Robert C. Byrd Miner Safety and Health Act of 
        2010, the Secretary shall issue mandatory standards to 
        establish--
                    ``(A) requirements for such certification, 
                registration, qualification, or other approval, 
                including the experience, examinations, and references 
                that may be required as appropriate;
                    ``(B) time limits for such certifications and 
                procedures for obtaining and renewing such 
                certification, registration, qualification, or other 
                approval; and
                    ``(C) procedures and criteria for revoking such 
                certification, registration, qualification, or other 
                approval, including procedures that ensure that the 
                Secretary (or a State agency, as applicable) responds 
                to requests for revocation and that the names of 
                individuals whose certification or other approval has 
                been revoked are provided to and maintained by the 
                Secretary, and are made available to appropriate State 
                agencies through an electronic database.
            ``(2) Coordination with states.--In developing such 
        standards, the Secretary shall consult with States that have 
        miner certification programs to ensure effective coordination 
        with existing State standards and requirements for 
        certification. The standards required under paragraph (1) shall 
        provide that the certification, registration, qualification, or 
        other approval of the State in which the coal or other mine is 
        located satisfies the requirement of subsection (a) if the 
        State's program of certification, registration, qualification, 
        or other approval is no less stringent than the standards 
        established by the Secretary under paragraph (1).
    ``(c) Operator Fees for Certification.--
            ``(1) Assessment and collection.--Beginning 180 days after 
        the date of enactment of the Robert C. Byrd Miner Safety and 
        Health Act of 2010, the Secretary shall assess and collect 
        fees, in accordance with this subsection, from each operator 
        for each person certified under this section. Fees shall be 
        assessed and collected in amounts determined by the Secretary 
        as necessary to fund the certification programs established 
        under this section.
            ``(2) Use.--Amounts collected as provided in paragraph (1) 
        shall only be available to the Secretary, as provided in 
        paragraph (3), for making expenditures to carry out the 
        certification programs established under this subsection.
            ``(3) Authorization of appropriations.--In addition to 
        funds authorized to be appropriated under section 114, there is 
        authorized to be appropriated to the Assistant Secretary for 
        Mine Safety and Health for each fiscal year in which fees are 
        collected under paragraph (1) an amount equal to the total 
        amount of fees collected under paragraph (1) during that fiscal 
        year. Such amounts are authorized to remain available until 
        expended. If on the first day of a fiscal year a regular 
        appropriation to the Commission has not been enacted, the 
        Commission shall continue to collect fees (as offsetting 
        collections) under this subsection at the rate in effect during 
        the preceding fiscal year, until 5 days after the date such 
        regular appropriation is enacted.
            ``(4) Collecting and crediting of fees.--Fees authorized 
        and collected under this subsection shall be deposited and 
        credited as offsetting collections to the account providing 
        appropriations to the Mine Safety and Health Administration and 
        shall not be collected for any fiscal year except to the extent 
        and in the amount provided in advance in appropriation Acts.
    ``(d) Citation; Withdrawal Order.--Any operator who permits a 
person to perform any of the health or safety related functions 
described in subsection (a) without a current certification which meets 
the requirements of this section shall be considered to have committed 
an unwarrantable failure under section 104(d)(1), and the Secretary 
shall issue an order requiring that the miner be withdrawn or 
reassigned to duties that do not require such certification.''.
    (b) Conforming Amendments.--Section 318 (30 U.S.C. 878) is 
amended--
            (1) by striking subsections (a) and (b);
            (2) in subsection (c), by redesignating paragraphs (1) 
        through (3) as subparagraphs (A) through (C), respectively;
            (3) in subsection (g), by redesignating paragraphs (1) 
        through (4) as subparagraphs (A) through (D), respectively; and
            (4) by redesignating subsections (c) through (j) as 
        paragraphs (1) through (8), respectively.

              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

SEC. 601. DEFINITIONS.

    (a) Definition of Operator.--Section 3(d) is amended to read as 
follows:
            ``(d) `operator' means--
                    ``(1) any owner, lessee, or other person that--
                            ``(A) operates or supervises a coal or 
                        other mine; or
                            ``(B) controls such mine by making or 
                        having the authority to make management or 
                        operational decisions that affect, directly or 
                        indirectly, the health or safety at such mine; 
                        or
                    ``(2) any independent contractor performing 
                services or construction at such mine;''.
    (b) Definition of Agent.--Section 3(e) (30 U.S.C. 802(e)) is 
amended by striking ``the miners'' and inserting ``any miner''.
    (c) Definition of Miner.--Section 3(g) (30 U.S.C. 802(g)) is 
amended by inserting after ``or other mine'' the following: ``, and 
includes any individual who is not currently working in a coal or other 
mine but would be currently working in such mine, but for an accident 
in such mine''.
    (d) Definition of Significant and Substantial Violations.--Section 
3 (30 U.S.C. 802) is further amended--
            (1) in subsection (m), by striking ``and'' after the 
        semicolon;
            (2) in subsection (n), by striking the period at the end 
        and inserting a semicolon;
            (3) in subsection (o), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(p) `significant and substantial violation' means a 
        violation of this Act, including any mandatory health or safety 
        standard or regulation promulgated under this Act, that is of 
        such nature as could significantly and substantially contribute 
        to the cause and effect of a coal or other mine safety or 
        health hazard as described in section 104(d).''.

SEC. 602. ASSISTANCE TO STATES.

    Section 503 (30 U.S.C. 953(a)) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``, in coordination with the Secretary of 
                Health, Education, and Welfare and the Secretary of the 
                Interior,'';
                    (B) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (C) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(4) to assist such State in developing and implementing 
        any certification program for coal or other mines required for 
        compliance with section 118.''; and
            (2) in subsection (h), by striking ``$3,000,000 for fiscal 
        year 1970, and $10,000,000 annually in each succeeding fiscal 
        year'' and inserting ``$20,000,000 for each fiscal year''.

SEC. 603. BLACK LUNG MEDICAL REPORTS.

    Title IV of the Black Lung Benefits Act (30 U.S.C. 901 et seq.) is 
amended by adding at the end the following:

``SEC. 435. MEDICAL REPORTS.

    ``In any claim for benefits for a miner under this title, an 
operator that requires a miner to submit to a medical examination 
regarding the miner's respiratory or pulmonary condition shall, not 
later than 14 days after the miner has been examined, deliver to the 
claimant a complete copy of the examining physician's report. The 
examining physician's report shall be in writing and shall set out in 
detail the examiner's findings, including any diagnoses and conclusions 
and the results of any diagnostic imaging techniques and tests that 
were performed on the miner.''.

SEC. 604. RULES OF APPLICATION TO CERTAIN MINES.

    (a) Inapplicability of Amendments to Certain Mines.--
            (1) Special rule.--The amendments made by this Act shall 
        not apply to--
                    (A) surface mines, except for surface facilities or 
                impoundments physically connected to--
                            (i) underground coal mines; or
                            (ii) other underground mines which are 
                        gassy mines; or
                    (B) underground mines which are neither coal mines 
                nor gassy mines.
            (2) Definition.--For purposes of this section, the term 
        ``gassy mine'' means a mine, tunnel, or other underground 
        workings in which a flammable mixture has been ignited, or has 
        been found with a permissible flame safety lamp, or has been 
        determined by air analysis to contain 0.25 percent or more (by 
        volume) of methane in any open workings when tested at a point 
        not less than 12 inches from the roof, face of rib.
    (b) Rule of Construction Relating to Applicability of Certain 
Provisions to Surface Mines.--Title I is further amended by adding at 
the end the following:

``SEC. 119. APPLICABILITY OF CERTAIN PROVISIONS TO CERTAIN MINES.

    ``(a) Rule of Construction.--With respect to the mines described in 
subsection (b), this Act as in effect on the date before the date of 
enactment of the Robert C. Byrd Miner Safety and Health Act of 2010, 
shall continue to apply to such mines as then in effect.
    ``(b) Applicable Mines.--
            ``(1) In general.--The mines referred to in subsection (a) 
        are--
                    ``(A) surface mines, except for surface facilities 
                or impoundments physically connected to--
                            ``(i) underground coal mines; or
                            ``(ii) other underground mines which are 
                        gassy mines; and
                    ``(B) underground mines which are neither coal 
                mines nor gassy mines.
            ``(2) Definition.--As used in paragraph (1), the term 
        `gassy mine' means a mine, tunnel, or other underground 
        workings in which a flammable mixture has been ignited, or has 
        been found with a permissible flame safety lamp, or has been 
        determined by air analysis to contain 0.25 percent or more (by 
        volume) of methane in any open workings when tested at a point 
        not less than 12 inches from the roof, face of rib.
    ``(c) Savings Provision.--Nothing in this section shall impact the 
authority of the Secretary to promulgate or modify regulations pursuant 
to the authority under any such provisions as in effect on the date 
before the date of enactment of the Robert C. Byrd Miner Safety and 
Health Act of 2010, or shall be construed to alter or modify precedent 
with regards to the Commission or courts.''.

    TITLE VII--AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH ACT

SEC. 701. ENHANCED PROTECTIONS FROM RETALIATION.

    (a) Employee Actions.--Section 11(c)(1) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended--
            (1) by striking ``discharge'' and all that follows through 
        ``because such'' and inserting the following: ``discharge or 
        cause to be discharged, or in any manner discriminate against 
        or cause to be discriminated against, any employee because--
            ``(A) such'';
            (2) by striking ``this Act or has'' and inserting the 
        following: ``this Act;
            ``(B) such employee has'';
            (3) by striking ``in any such proceeding or because of the 
        exercise'' and inserting the following: ``before Congress or in 
        any Federal or State proceeding related to safety or health;
            ``(C) such employee has refused to violate any provision of 
        this Act; or
            ``(D) of the exercise''; and
            (4) by inserting before the period at the end the 
        following: ``, including the reporting of any injury, illness, 
        or unsafe condition to the employer, agent of the employer, 
        safety and health committee involved, or employee safety and 
        health representative involved''.
    (b) Prohibition of Retaliation.--Section 11(c) of such Act (29 
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Prohibition of retaliation.--(A) No person shall 
        discharge, or cause to be discharged, or in any manner 
        discriminate against, or cause to be discriminated against, an 
        employee for refusing to perform the employee's duties if the 
        employee has a reasonable apprehension that performing such 
        duties would result in serious injury to, or serious impairment 
        of the health of, the employee or other employees.
            ``(B) For purposes of subparagraph (A), the circumstances 
        causing the employee's good-faith belief that performing such 
        duties would pose a safety or health hazard shall be of such a 
        nature that a reasonable person, under the circumstances 
        confronting the employee, would conclude that there is such a 
        hazard. In order to qualify for protection under this 
        paragraph, the employee, when practicable, shall have 
        communicated or attempted to communicate the safety or health 
        concern to the employer and have not received from the employer 
        a response reasonably calculated to allay such concern.''.
    (c) Procedure.--Section 11(c) of such Act (29 U.S.C. 660(c)) is 
amended by striking paragraph (3) and inserting the following:
            ``(3) Complaint.--Any employee who believes that the 
        employee has been discharged, disciplined, or otherwise 
        discriminated against by any person in violation of paragraph 
        (1) or (2) may seek relief for such violation by filing a 
        complaint with the Secretary under paragraph (5).
            ``(4) Statute of limitations.--
                    ``(A) In general.--An employee may take the action 
                permitted by paragraph (3)(A) not later than 180 days 
                after the later of--
                            ``(i) the date on which an alleged 
                        violation of paragraph (1) or (2) occurs; or
                            ``(ii) the date on which the employee knows 
                        or should reasonably have known that such 
                        alleged violation occurred.
                    ``(B) Repeat violation.--Except in cases when the 
                employee has been discharged, a violation of paragraph 
                (1) or (2) shall be considered to have occurred on the 
                last date an alleged repeat violation occurred.
            ``(5) Investigation.--
                    ``(A) In general.--An employee may, within the time 
                period required under paragraph (4)(B), file a 
                complaint with the Secretary alleging a violation of 
                paragraph (1) or (2). If the complaint alleges a prima 
                facie case, the Secretary shall conduct an 
                investigation of the allegations in the complaint, 
                which--
                            ``(i) shall include--
                                    ``(I) interviewing the complainant;
                                    ``(II) providing the respondent an 
                                opportunity to--
                                            ``(aa) submit to the 
                                        Secretary a written response to 
                                        the complaint; and
                                            ``(bb) meet with the 
                                        Secretary to present statements 
                                        from witnesses or provide 
                                        evidence; and
                                    ``(III) providing the complainant 
                                an opportunity to--
                                            ``(aa) receive any 
                                        statements or evidence provided 
                                        to the Secretary;
                                            ``(bb) meet with the 
                                        Secretary; and
                                            ``(cc) rebut any statements 
                                        or evidence; and
                            ``(ii) may include issuing subpoenas for 
                        the purposes of such investigation.
                    ``(B) Decision.--Not later than 90 days after the 
                filing of the complaint, the Secretary shall--
                            ``(i) determine whether reasonable cause 
                        exists to believe that a violation of paragraph 
                        (1) or (2) has occurred; and
                            ``(ii) issue a decision granting or denying 
                        relief.
            ``(6) Preliminary order following investigation.--If, after 
        completion of an investigation under paragraph (5)(A), the 
        Secretary finds reasonable cause to believe that a violation of 
        paragraph (1) or (2) has occurred, the Secretary shall issue a 
        preliminary order providing relief authorized under paragraph 
        (14) at the same time the Secretary issues a decision under 
        paragraph (5)(B). If a de novo hearing is not requested within 
        the time period required under paragraph (7)(A)(i), such 
        preliminary order shall be deemed a final order of the 
        Secretary and is not subject to judicial review.
            ``(7) Hearing.--
                    ``(A) Request for hearing.--
                            ``(i) In general.--A de novo hearing on the 
                        record before an administrative law judge may 
                        be requested--
                                    ``(I) by the complainant or 
                                respondent within 30 days after 
                                receiving notification of a decision 
                                granting or denying relief issued under 
                                paragraph (5)(B) or paragraph (6) 
                                respectively;
                                    ``(II) by the complainant within 30 
                                days after the date the complaint is 
                                dismissed without investigation by the 
                                Secretary under paragraph (5)(A); or
                                    ``(III) by the complainant within 
                                120 days after the date of filing the 
                                complaint, if the Secretary has not 
                                issued a decision under paragraph 
                                (5)(B).
                            ``(ii) Reinstatement order.--The request 
                        for a hearing shall not operate to stay any 
                        preliminary reinstatement order issued under 
                        paragraph (6).
                    ``(B) Procedures.--
                            ``(i) In general.--A hearing requested 
                        under this paragraph shall be conducted 
                        expeditiously and in accordance with rules 
                        established by the Secretary for hearings 
                        conducted by administrative law judges.
                            ``(ii) Subpoenas; production of evidence.--
                        In conducting any such hearing, the 
                        administrative law judge may issue subpoenas. 
                        The respondent or complainant may request the 
                        issuance of subpoenas that require the 
                        deposition of, or the attendance and testimony 
                        of, witnesses and the production of any 
                        evidence (including any books, papers, 
                        documents, or recordings) relating to the 
                        matter under consideration.
                            ``(iii) Decision.--The administrative law 
                        judge shall issue a decision not later than 90 
                        days after the date on which a hearing was 
                        requested under this paragraph and promptly 
                        notify, in writing, the parties and the 
                        Secretary of such decision, including the 
                        findings of fact and conclusions of law. If the 
                        administrative law judge finds that a violation 
                        of paragraph (1) or (2) has occurred, the judge 
                        shall issue an order for relief under paragraph 
                        (14). If review under paragraph (8) is not 
                        timely requested, such order shall be deemed a 
                        final order of the Secretary that is not 
                        subject to judicial review.
            ``(8) Administrative appeal.--
                    ``(A) In general.--Not later than 30 days after the 
                date of notification of a decision and order issued by 
                an administrative law judge under paragraph (7), the 
                complainant or respondent may file, with objections, an 
                administrative appeal with an administrative review 
                body designated by the Secretary (referred to in this 
                paragraph as the `review board').
                    ``(B) Standard of review.--In reviewing the 
                decision and order of the administrative law judge, the 
                review board shall affirm the decision and order if it 
                is determined that the factual findings set forth 
                therein are supported by substantial evidence and the 
                decision and order are made in accordance with 
                applicable law.
                    ``(C) Decisions.--If the review board grants an 
                administrative appeal, the review board shall issue a 
                final decision and order affirming or reversing, in 
                whole or in part, the decision under review by not 
                later than 90 days after receipt of the administrative 
                appeal. If it is determined that a violation of 
                paragraph (1) or (2) has occurred, the review board 
                shall issue a final decision and order providing relief 
                authorized under paragraph (14). Such decision and 
                order shall constitute final agency action with respect 
                to the matter appealed.
            ``(9) Settlement in the administrative process.--
                    ``(A) In general.--At any time before issuance of a 
                final order, an investigation or proceeding under this 
                subsection may be terminated on the basis of a 
                settlement agreement entered into by the parties.
                    ``(B) Public policy considerations.--Neither the 
                Secretary, an administrative law judge, nor the review 
                board conducting a hearing under this subsection shall 
                accept a settlement that contains conditions 
                conflicting with the rights protected under this Act or 
                that are contrary to public policy, including a 
                restriction on a complainant's right to future 
                employment with employers other than the specific 
                employers named in a complaint.
            ``(10) Inaction by the review board or administrative law 
        judge.--
                    ``(A) In general.--The complainant may bring a de 
                novo action described in subparagraph (B) if--
                            ``(i) an administrative law judge has not 
                        issued a decision and order within the 90-day 
                        time period required under paragraph 
                        (7)(B)(iii); or
                            ``(ii) the review board has not issued a 
                        decision and order within the 90-day time 
                        period required under paragraph (8)(C).
                    ``(B) De novo action.--Such de novo action may be 
                brought at law or equity in the United States district 
                court for the district where a violation of paragraph 
                (1) or (2) allegedly occurred or where the complainant 
                resided on the date of such alleged violation. The 
                court shall have jurisdiction over such action without 
                regard to the amount in controversy and to order 
                appropriate relief under paragraph (14). Such action 
                shall, at the request of either party to such action, 
                be tried by the court with a jury.
            ``(11) Judicial review.--
                    ``(A) Timely appeal to the court of appeals.--Any 
                party adversely affected or aggrieved by a final 
                decision and order issued under this subsection may 
                obtain review of such decision and order in the United 
                States Court of Appeals for the circuit where the 
                violation, with respect to which such final decision 
                and order was issued, allegedly occurred or where the 
                complainant resided on the date of such alleged 
                violation. To obtain such review, a party shall file a 
                petition for review not later than 60 days after the 
                final decision and order was issued. Such review shall 
                conform to chapter 7 of title 5, United States Code. 
                The commencement of proceedings under this subparagraph 
                shall not, unless ordered by the court, operate as a 
                stay of the final decision and order.
                    ``(B) Limitation on collateral attack.--An order 
                and decision with respect to which review may be 
                obtained under subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            ``(12) Enforcement of order.--If a respondent fails to 
        comply with an order issued under this subsection, the 
        Secretary or the complainant on whose behalf the order was 
        issued may file a civil action for enforcement in the United 
        States district court for the district in which the violation 
        was found to occur to enforce such order. If both the Secretary 
        and the complainant file such action, the action of the 
        Secretary shall take precedence. The district court shall have 
        jurisdiction to grant all appropriate relief described in 
        paragraph (14).
            ``(13) Burdens of proof.--
                    ``(A) Criteria for determination.--In making a 
                determination or adjudicating a complaint pursuant to 
                this subsection, the Secretary, administrative law 
                judge, review board, or a court may determine that a 
                violation of paragraph (1) or (2) has occurred only if 
                the complainant demonstrates that any conduct described 
                in paragraph (1) or (2) with respect to the complainant 
                was a contributing factor in the adverse action alleged 
                in the complaint.
                    ``(B) Prohibition.--Notwithstanding subparagraph 
                (A), a decision or order that is favorable to the 
                complainant shall not be issued in any administrative 
                or judicial action pursuant to this subsection if the 
                respondent demonstrates by clear and convincing 
                evidence that the respondent would have taken the same 
                adverse action in the absence of such conduct.
            ``(14) Relief.--
                    ``(A) Order for relief.--If the Secretary, 
                administrative law judge, review board, or a court 
                determines that a violation of paragraph (1) or (2) has 
                occurred, the Secretary or court, respectively, shall 
                have jurisdiction to order all appropriate relief, 
                including injunctive relief, compensatory and exemplary 
                damages, including--
                            ``(i) affirmative action to abate the 
                        violation;
                            ``(ii) reinstatement without loss of 
                        position or seniority, and restoration of the 
                        terms, rights, conditions, and privileges 
                        associated with the complainant's employment, 
                        including opportunities for promotions to 
                        positions with equivalent or better 
                        compensation for which the complainant is 
                        qualified;
                            ``(iii) compensatory and consequential 
                        damages sufficient to make the complainant 
                        whole, (including back pay, prejudgment 
                        interest, and other damages); and
                            ``(iv) expungement of all warnings, 
                        reprimands, or derogatory references that have 
                        been placed in paper or electronic records or 
                        databases of any type relating to the actions 
                        by the complainant that gave rise to the 
                        unfavorable personnel action, and, at the 
                        complainant's direction, transmission of a copy 
                        of the decision on the complaint to any person 
                        whom the complainant reasonably believes may 
                        have received such unfavorable information.
                    ``(B) Attorneys' fees and costs.--If the Secretary 
                or an administrative law judge, review board, or court 
                grants an order for relief under subparagraph (A), the 
                Secretary, administrative law judge, review board, or 
                court, respectively, shall assess, at the request of 
                the employee against the employer--
                            ``(i) reasonable attorneys' fees; and
                            ``(ii) costs (including expert witness 
                        fees) reasonably incurred, as determined by the 
                        Secretary, administrative law judge, review 
                        board, or court, respectively, in connection 
                        with bringing the complaint upon which the 
                        order was issued.
            ``(15)  Procedural rights.--The rights and remedies 
        provided for in this subsection may not be waived by any 
        agreement, policy, form, or condition of employment, including 
        by any pre-dispute arbitration agreement or collective 
        bargaining agreement.
            ``(16) Savings.--Nothing in this subsection shall be 
        construed to diminish the rights, privileges, or remedies of 
        any employee who exercises rights under any Federal or State 
        law or common law, or under any collective bargaining 
        agreement.
            ``(17) Election of venue.--
                    ``(A) In general.--An employee of an employer who 
                is located in a State that has a State plan approved 
                under section 18 may file a complaint alleging a 
                violation of paragraph (1) or (2) by such employer 
                with--
                            ``(i) the Secretary under paragraph (5); or
                            ``(ii) a State plan administrator in such 
                        State.
                    ``(B) Referrals.--If--
                            ``(i) the Secretary receives a complaint 
                        pursuant to subparagraph (A)(i), the Secretary 
                        shall not refer such complaint to a State plan 
                        administrator for resolution; or
                            ``(ii) a State plan administrator receives 
                        a complaint pursuant to subparagraph (A)(ii), 
                        the State plan administrator shall not refer 
                        such complaint to the Secretary for 
                        resolution.''.
    (d) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C. 
666(j)) is amended by inserting before the period the following: ``, 
including the history of violations under section 11(c)''.

SEC. 702. VICTIMS' RIGHTS.

    The Occupational Safety and Health Act of 1970 is amended by 
inserting after section 9 (29 U.S.C. 658) the following:

``SEC. 9A. VICTIMS' RIGHTS.

    ``(a) Rights Before the Secretary.--A victim or the representative 
of a victim, shall be afforded the right, with respect to an inspection 
or investigation conducted under section 8 to--
            ``(1) meet with the Secretary regarding the inspection or 
        investigation conducted under such section before the 
        Secretary's decision to issue a citation or take no action;
            ``(2) receive, at no cost, a copy of any citation or 
        report, issued as a result of such inspection or investigation, 
        at the same time as the employer receives such citation or 
        report;
            ``(3) be informed of any notice of contest or addition of 
        parties to the proceedings filed under section 10(c); and
            ``(4) be provided notification of the date and time or any 
        proceedings, service of pleadings, and other relevant 
        documents, and an explanation of the rights of the employer, 
        employee and employee representative, and victim to participate 
        in proceedings conducted under section 10(c).
    ``(b) Rights Before the Commission.--Upon request, a victim or 
representative of a victim shall be afforded the right with respect to 
a work-related bodily injury or death to--
            ``(1) be notified of the time and date of any proceeding 
        before the Commission;
            ``(2) receive pleadings and any decisions relating to the 
        proceedings; and
            ``(3) be provided an opportunity to appear and make a 
        statement in accordance with the rules prescribed by the 
        Commission.
    ``(c) Modification of Citation.--Before entering into an agreement 
to withdraw or modify a citation issued as a result of an inspection or 
investigation of an incident under section 8, the Secretary shall 
notify a victim or representative of a victim and provide the victim or 
representative of a victim with an opportunity to appear and make a 
statement before the parties conducting settlement negotiations. In 
lieu of an appearance, the victim or representative of the victim may 
elect to submit a letter to the Secretary and the parties.
    ``(d) Secretary Procedures.--The Secretary shall establish 
procedures--
            ``(1) to inform victims of their rights under this section; 
        and
            ``(2) for the informal review of any claim of a denial of 
        such a right.
    ``(e) Commission Procedures and Considerations.--The Commission 
shall--
            ``(1) establish procedures relating to the rights of 
        victims to be heard in proceedings before the Commission; and
            ``(2) in rendering any decision, provide due consideration 
        to any statement or information provided by any victim before 
        the Commission.
    ``(f) Family Liaisons.--The Secretary shall designate at least 1 
employee at each area office of the Occupational Safety and Health 
Administration to serve as a family liaison to--
            ``(1) keep victims informed of the status of 
        investigations, enforcement actions, and settlement 
        negotiations; and
            ``(2) assist victims in asserting their rights under this 
        section.
    ``(g) Definition.--In this section, the term `victim' means--
            ``(1) an employee, including a former employee, who has 
        sustained a work-related injury or illness that is the subject 
        of an inspection or investigation conducted under section 8; or
            ``(2) a family member (as further defined by the Secretary) 
        of a victim described in paragraph (1), if--
                    ``(A) the victim dies as a result of a incident 
                that is the subject of an inspection or investigation 
                conducted under section 8; or
                    ``(B) the victim sustains a work-related injury or 
                illness that is the subject of an inspection or 
                investigation conducted under section 8, and the victim 
                because of incapacity cannot reasonably exercise the 
                rights under this section.''.

SEC. 703. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS 
              PENDING CONTEST AND PROCEDURES FOR A STAY.

    Section 10 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659) is amended by adding at the end the following:
    ``(d) Correction of Serious, Willful, or Repeated Violations 
Pending Contest and Procedures for a Stay.--
            ``(1) Period permitted for correction of serious, willful, 
        or repeated violations.--For each violation which the Secretary 
        designates as serious, willful, or repeated, the period 
        permitted for the correction of the violation shall begin to 
        run upon receipt of the citation.
            ``(2) Filing of a motion of contest.--The filing of a 
        notice of contest by an employer--
                    ``(A) shall not operate as a stay of the period for 
                correction of a violation designated as serious, 
                willful, or repeated; and
                    ``(B) may operate as a stay of the period for 
                correction of a violation not designated by the 
                Secretary as serious, willful, or repeated.
            ``(3) Criteria and rules of procedure for stays.--
                    ``(A) Motion for a stay.--An employer that receives 
                a citation alleging a violation designated as serious, 
                willful, or repeated and that files a notice of contest 
                to the citation asserting that the time set for 
                abatement of the alleged violation is unreasonable or 
                challenging the existence of the alleged violation may 
                file with the Commission a motion to stay the period 
                for the abatement of the violation.
                    ``(B) Criteria.--In determining whether a stay 
                should be issued on the basis of a motion filed under 
                subparagraph (A), the Commission may grant a stay only 
                if the employer has demonstrated--
                            ``(i) a substantial likelihood of success 
                        on the areas contested under subparagraph (A); 
                        and
                            ``(ii) that a stay will not adversely 
                        affect the health and safety of workers.
                    ``(C) Rules of procedure.--The Commission shall 
                develop rules of procedure for conducting a hearing on 
                a motion filed under subparagraph (A) on an expedited 
                basis. At a minimum, such rules shall provide:
                            ``(i) That a hearing before an 
                        administrative law judge shall occur not later 
                        than 15 days following the filing of the motion 
                        for a stay (unless extended at the request of 
                        the employer), and shall provide for a decision 
                        on the motion not later than 15 days following 
                        the hearing (unless extended at the request of 
                        the employer).
                            ``(ii) That a decision of an administrative 
                        law judge on a motion for stay is rendered on a 
                        timely basis.
                            ``(iii) That if a party is aggrieved by a 
                        decision issued by an administrative law judge 
                        regarding the stay, such party has the right to 
                        file an objection with the Commission not later 
                        than 5 days after receipt of the administrative 
                        law judge's decision. Within 10 days after 
                        receipt of the objection, a Commissioner, if a 
                        quorum is seated pursuant to section 12(f), 
                        shall decide whether to grant review of the 
                        objection. If, within 10 days after receipt of 
                        the objection, no decision is made on whether 
                        to review the decision of the administrative 
                        law judge, the Commission declines to review 
                        such decision, or no quorum is seated, the 
                        decision of the administrative law judge shall 
                        become a final order of the Commission. If the 
                        Commission grants review of the objection, the 
                        Commission shall issue a decision regarding the 
                        stay not later than 30 days after receipt of 
                        the objection. If the Commission fails to issue 
                        such decision within 30 days, the decision of 
                        the administrative law judge shall become a 
                        final order of the Commission.
                            ``(iv) For notification to employees or 
                        representatives of affected employees of 
                        requests for such hearings and shall provide 
                        affected employees or representatives of 
                        affected employees an opportunity to 
                        participate as parties to such hearings.''.

SEC. 704. CONFORMING AMENDMENTS.

    Section 17(d) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 666(d)) is amended to read as follows:
    ``(d) Any employer who fails to correct a violation designated by 
the Secretary as serious, willful, or repeated and for which a citation 
has been issued under section 9(a) within the period permitted for its 
correction (and a stay has not been issued by the Commission under 
section 10(d)) may be assessed a civil penalty of not more than $7,000 
for each day during which such failure or violation continues. Any 
employer who fails to correct any other violation for which a citation 
has been issued under section 9(a) of this title within the period 
permitted for its correction (which period shall not begin to run until 
the date of the final order of the Commission in the case of any review 
proceeding under section 10 initiated by the employer in good faith and 
not solely for delay of avoidance of penalties) may be assessed a civil 
penalty of not more than $7,000 for each day during which such failure 
or violation continues.''.

SEC. 705. CIVIL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$70,000'' and inserting 
                ``$120,000'';
                    (B) by striking ``$5,000'' and inserting 
                ``$8,000''; and
                    (C) by adding at the end the following: ``In 
                determining whether a violation is repeated, the 
                Secretary or the Commission shall consider the 
                employer's history of violations under this Act and 
                under State occupational safety and health plans 
                established under section 18. If such a willful or 
                repeated violation caused or contributed to the death 
                of an employee, such civil penalty amounts shall be 
                increased to not more than $250,000 for each such 
                violation, but not less than $50,000 for each such 
                violation, except that for an employer with 25 or fewer 
                employees such penalty shall not be less than $25,000 
                for each such violation.'';
            (2) in subsection (b)--
                    (A) by striking ``$7,000'' and inserting 
                ``$12,000''; and
                    (B) by adding at the end the following: ``If such a 
                violation caused or contributed to the death of an 
                employee, such civil penalty amounts shall be increased 
                to not more than $50,000 for each such violation, but 
                not less than $20,000 for each such violation, except 
                that for an employer with 25 or fewer employees such 
                penalty shall not be less than $10,000 for each such 
                violation.'';
            (3) in subsection (c), by striking ``$7,000'' and inserting 
        ``$12,000'';
            (4) in subsection (d), as amended, by striking ``$7,000'' 
        each place it occurs and inserting ``$12,000'';
            (5) by redesignating subsections (e) through (i) as 
        subsections (f) through (j), and subsections (j) through (l) as 
        subsections (l) through (n) respectively; and
            (6) in subsection (j) (as so redesignated) by striking 
        ``$7,000'' and inserting ``$12,000''.
    (b) Inflation Adjustment.--Section 17 is further amended by 
inserting after subsection (d) the following:
    ``(e) Amounts provided under this section for civil penalties shall 
be adjusted by the Secretary at least once during each 4-year period 
beginning January 1, 2015, to account for the percentage increase or 
decrease in the Consumer Price Index for all urban consumers during 
such period.''.

SEC. 706. CRIMINAL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) (as amended by section 705) is further 
amended--
            (1) by amending subsection (f) (as redesignated by section 
        705) to read as follows:
    ``(f)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6 of this Act, or of any regulation 
prescribed under this Act, and that violation caused or significantly 
contributed to the death of any employee, shall, upon conviction, be 
punished by a fine in accordance with title 18, United States Code, or 
by imprisonment for not more than 10 years, or both, except that if the 
conviction is for a violation committed after a first conviction of 
such person under this subsection or subsection (i), punishment shall 
be by a fine in accordance title 18, United States Code, or by 
imprisonment for not more than 20 years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3 of this 
Act, any officer or director.'';
            (2) by amending subsection (g) (as redesignated by section 
        705) to read as follows:
    ``(g) Unless otherwise authorized by this Act, any person that 
knowingly gives, causes to give, or attempts to give or cause to give, 
advance notice of any inspection conducted under this Act with the 
intention of impeding, interfering with, or adversely affecting the 
results of such inspection, shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, or both.''.
            (3) in subsection (h) (as redesignated by section 705), by 
        striking ``fine of not more than $10,000, or by imprisonment 
        for not more than six months,'' and inserting ``fine in 
        accordance with title 18, United States Code, or by 
        imprisonment for not more than 5 years,'';
            (4) by inserting after subsection (j) (as redesignated by 
        section 705) the following:
    ``(k)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6, or any regulation prescribed under 
this Act, and that violation caused or significantly contributed to 
serious bodily harm to any employee but does not cause death to any 
employee, shall, upon conviction, be punished by a fine in accordance 
with title 18, United States Code, or by imprisonment for not more than 
5 years, or by both, except that if the conviction is for a violation 
committed after a first conviction of such person under this subsection 
or subsection (e), punishment shall be by a fine in accordance with 
title 18, United States Code, or by imprisonment for not more than 10 
years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3 of this 
Act, any officer or director.
    ``(3) For purposes of this subsection, the term `serious bodily 
harm' means bodily injury or illness that involves--
            ``(A) a substantial risk of death;
            ``(B) protracted unconsciousness;
            ``(C) protracted and obvious physical disfigurement; or
            ``(D) protracted loss or impairment, either temporary or 
        permanent, of the function of a bodily member, organ, or mental 
        faculty.''.
    (b) Jurisdiction for Prosecution Under State and Local Criminal 
Laws.--Such section is further amended by adding at the end the 
following:
    ``(o) Nothing in this Act shall preclude a State or local law 
enforcement agency from conducting criminal prosecutions in accordance 
with the laws of such State or locality.''.

SEC. 707. PRE-FINAL ORDER INTEREST.

    Section 17(n) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 666) (as redesignated by section 706(a)(4)) (29 U.S.C. 666(n)) 
is amended by adding at the end the following: ``Pre-final order 
interest on such penalties shall begin to accrue on the date the party 
contests a citation issued under this Act, and shall end upon the 
issuance of the final order. Such pre-final order interest shall be 
calculated at the current underpayment rate determined by the Secretary 
of the Treasury pursuant to section 6621 of the Internal Revenue Code 
of 1986, and shall be compounded daily. Post-final order interest shall 
begin to accrue 30 days after the date a final order of the Commission 
or the court is issued, and shall be charged at the rate of 8 percent 
per year.''.

SEC. 708. REVIEW OF STATE OCCUPATIONAL SAFETY AND HEALTH PLANS.

    Section 18 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 668) is amended--
            (1) by amending subsection (f) to read as follows:
    ``(f)(1) The Secretary shall, on the basis of reports submitted by 
the State agency and the Secretary's own inspections, make a continuing 
evaluation of the manner in which each State that has a plan approved 
under this section is carrying out such plan. Such evaluation shall 
include an assessment of whether the State continues to meet the 
requirements of subsection (c) of this section and any other criteria 
or indices of effectiveness specified by the Secretary in regulations. 
Whenever the Secretary finds, on the basis of such evaluation, that in 
the administration of the State plan there is a failure to comply 
substantially with any provision of the State plan (or any assurance 
contained therein), the Secretary shall make an initial determination 
of whether the failure is of such a nature that the plan should be 
withdrawn or whether the failure is of such a nature that the State 
should be given the opportunity to remedy the deficiencies, and provide 
notice of the Secretary's findings and initial determination.
    ``(2) If the Secretary makes an initial determination to reassert 
and exercise concurrent enforcement authority while the State is given 
an opportunity to remedy the deficiencies, the Secretary shall afford 
the State an opportunity for a public hearing within 15 days of such 
request, provided that such request is made not later than 10 days 
after Secretary's notice to the State. The Secretary shall review and 
consider the testimony, evidence, or written comments, and not later 
than 30 days following such hearing, make a determination to affirm, 
reverse, or modify the Secretary's initial determination to reassert 
and exercise concurrent enforcement authority under sections 8, 9, 10, 
13, and 17 with respect to standards promulgated under section 6 and 
obligations under section 5(a). Following such a determination by the 
Secretary, or in the event that the State does not request a hearing 
within the time frame set forth in this paragraph, the Secretary may 
reassert and exercise such concurrent enforcement authority, while a 
final determination is pending under paragraph (3) or until the 
Secretary has determined that the State has remedied the deficiencies 
as provided under paragraph (4). Such determination shall be published 
in the Federal Register. The procedures set forth in section 18(g) 
shall not apply to a determination by the Secretary to reassert and 
exercise such concurrent enforcement authority.
    ``(3) If the Secretary makes an initial determination that the plan 
should be withdrawn, the Secretary shall provide due notice and the 
opportunity for a hearing. If based on the evaluation, comments, and 
evidence, the Secretary makes a final determination that there is a 
failure to comply substantially with any provision of the State plan 
(or any assurance contained therein), he shall notify the State agency 
of the withdrawal of approval of such plan and upon receipt of such 
notice such plan shall cease to be in effect, but the State may retain 
jurisdiction in any case commenced before the withdrawal of the plan in 
order to enforce standards under the plan whenever the issues involved 
do not relate to the reasons for the withdrawal of the plan.
    ``(4) If the Secretary makes a determination that the State should 
be provided the opportunity to remedy the deficiencies, the Secretary 
shall provide the State an opportunity to respond to the Secretary's 
findings and the opportunity to remedy such deficiencies within a time 
period established by the Secretary, not to exceed 1 year. The 
Secretary may extend and revise the time period to remedy such 
deficiencies, if the State's legislature is not in session during this 
1 year time period, or if the State demonstrates that it is not 
feasible to correct the deficiencies in the time period set by the 
Secretary, and the State has a plan to correct the deficiencies within 
a reasonable time period. If the Secretary finds that the State agency 
has failed to remedy such deficiencies within the time period specified 
by the Secretary and that the State plan continues to fail to comply 
substantially with a provision of the State plan, the Secretary shall 
withdraw the State plan as provided for in paragraph (3).''; and
            (2) by adding at the end the following new subsection:
    ``(i) Not later than 18 months after the date of enactment of this 
subsection, and every 5 years thereafter, the Comptroller General shall 
complete and issue a review of the effectiveness of State plans to 
develop and enforce safety and health standards to determine if they 
are at least as effective as the Federal program and to evaluate 
whether the Secretary's oversight of State plans is effective. The 
Comptroller General's evaluation shall assess--
            ``(1) the effectiveness of the Secretary's oversight of 
        State plans, including the indices of effectiveness used by the 
        Secretary;
            ``(2) whether the Secretary's investigations in response to 
        Complaints About State Plan Administration (CASPA) are 
        adequate, whether significant policy issues have been 
        identified by headquarters and corrective actions are fully 
        implemented by each State;
            ``(3) whether the formula for the distribution of funds 
        described in section 23(g) to State programs is fair and 
        adequate; and
            ``(4) whether State plans are as effective as the Federal 
        program in preventing occupational injuries, illnesses and 
        deaths, and investigating discrimination complaints, through an 
        evaluation of at least 20 percent of approved State plans, and 
        which shall cover--
                    ``(A) enforcement effectiveness, including handling 
                of fatalities, serious incidents and complaints, 
                compliance with inspection procedures, hazard 
                recognition, verification of abatement, violation 
                classification, citation and penalty issuance, 
                including appropriate use of willful and repeat 
                citations, and employee involvement;
                    ``(B) inspections, the number of programmed health 
                and safety inspections at private and public sector 
                establishments, and whether the State targets the 
                highest hazard private sector work sites and facilities 
                in that State;
                    ``(C) budget and staffing, including whether the 
                State is providing adequate budget resources to hire, 
                train and retain sufficient numbers of qualified staff, 
                including timely filling of vacancies;
                    ``(D) administrative review, including the quality 
                of decisions, consistency with Federal precedence, 
                transparency of proceedings, decisions and records are 
                available to the public, adequacy of State defense, and 
                whether the State appropriately appeals adverse 
                decisions;
                    ``(E) anti discrimination, including whether 
                discrimination complaints are processed in a timely 
                manner, whether supervisors and investigators are 
                properly trained to investigate discrimination 
                complaints, whether a case file review indicates merit 
                cases are properly identified consistent with Federal 
                policy and procedure, whether employees are notified of 
                their rights, and whether there is an effective process 
                for employees to appeal the dismissal of a complaint;
                    ``(F) program administration, including whether the 
                State's standards and policies are at least as 
                effective as the Federal program and are updated in a 
                timely manner, and whether National Emphasis Programs 
                that are applicable in such States are adopted and 
                implemented in a manner that is at least as effective 
                as the Federal program;
                    ``(G) whether the State plan satisfies the 
                requirements for approval set forth in this section and 
                its implementing regulations; and
                    ``(H) other such factors identified by the 
                Comptroller General, or as requested by the Committee 
                on Education and Labor of the House of Representatives 
                or the Committee on Health, Education, Labor and 
                Pensions of the Senate.''.

SEC. 709. HEALTH HAZARD EVALUATIONS BY THE NATIONAL INSTITUTE FOR 
              OCCUPATIONAL SAFETY AND HEALTH.

    Section 20(a)(6) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 669(a)(6)) is amended by striking the second sentence and 
inserting the following: ``The Secretary shall determine following a 
written request by any employer, authorized representative of current 
or former employees, physician, other Federal agency, or State or local 
health department, specifying with reasonable particularity the grounds 
on which the request is made, whether any substance normally found in 
the place of employment has potentially toxic effects in such 
concentrations as used or found or whether any physical agents, 
equipment, or working condition found or used has potentially hazardous 
effects; and shall submit such determination both to employers and 
affected employees as soon as possible.''.

SEC. 710. AUTHORIZATION OF COOPERATIVE AGREEMENTS BY NIOSH OFFICE OF 
              MINE SAFETY AND HEALTH.

    Section 22(h)(3) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 671(h)(3)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) enter into cooperative agreements or 
                contracts with international institutions and private 
                entities to improve mine safety and health through the 
                development and evaluation of new interventions; and''.

SEC. 711. EFFECTIVE DATE.

    (a) General Rule.--Except as provided for in subsection (b), this 
title and the amendments made by this title shall take effect not later 
than 90 days after the date of the enactment of this Act.
    (b) Exception for States and Political Subdivisions.--A State that 
has a State plan approved under section 18 (29 U.S.C. 667) shall amend 
its State plan to conform with the requirements of this Act and the 
amendments made by this Act not later than 12 months after the date of 
the enactment of this Act. The Secretary of Labor may extend the period 
for a State to make such amendments to its State plan by not more than 
12 months, if the State's legislature is not in session during the 12-
month period beginning with the date of the enactment of this Act. Such 
amendments to the State plan shall take effect not later than 90 days 
after the adoption of such amendments by such State.
                                                 Union Calendar No. 334

111th CONGRESS

  2d Session

                               H. R. 5663

                      [Report No. 111-579, Part I]

_______________________________________________________________________

                                 A BILL

  To improve compliance with mine and occupational safety and health 
laws, empower workers to raise safety concerns, prevent future mine and 
 other workplace tragedies, establish rights of families of victims of 
              workplace accidents, and for other purposes.

_______________________________________________________________________

                             July 29, 2010

Reported with an amendment, referred to the Committee on the Judiciary 
for a period ending not later than July 29, 2010, for consideration of 
     such provisions of the bill and amendment as fall within the 
     jurisdiction of that committee pursuant to clause 1(k), rule X

                             July 29, 2010

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed