[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5788 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5788

 To honor the Nation's fallen miners by requiring improved mine safety 
  practices and compliance in order to prevent future mine accidents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2010

 Mrs. Capito introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To honor the Nation's fallen miners by requiring improved mine safety 
  practices and compliance in order to prevent future mine accidents.

    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 ``Mine Safety 
Accountability and Improved Protection Act''.
    (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. Establishment of National Mine Safety Board for certain 
                            investigations.
Sec. 102. Subpoena authority and miner rights during investigations.
Sec. 103. Designation of miner representative.
Sec. 104. Additional amendments relating to inspections and 
                            investigations.
                TITLE II--ENHANCED ENFORCEMENT AUTHORITY

Sec. 201. Significant and substantial violations.
Sec. 202. A pattern of recurring noncompliance or accidents.
Sec. 203. Injunctive Authority.
Sec. 204. Revocation of approval of plans.
Sec. 205. Challenging decisions related to the approval of a coal or 
                            other mine plan.
                          TITLE III--PENALTIES

Sec. 301. Civil penalties.
Sec. 302. Civil and criminal liability of officers, directors, and 
                            agents.
Sec. 303. Criminal penalties.
Sec. 304. Conference process for appealing penalties; delinquent 
                            payments and prejudgment interest.
                TITLE IV--WORKER RIGHTS AND PROTECTIONS

Sec. 401. Protection from retaliation.
Sec. 402. Protection from loss of pay.
            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. Amendments relating to eligibility for scholarship program.
Sec. 604. Additional training of mine inspectors.
Sec. 605. Report on staffing needs of the Mine Safety and Health 
                            Administration.

SEC. 2. REFERENCES.

    Except 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. ESTABLISHMENT OF NATIONAL MINE SAFETY BOARD FOR CERTAIN 
              INVESTIGATIONS.

    Section 103(b) (30 U.S.C. 813(b)) is amended--
            (1) by striking ``(b) For the purpose'' and inserting the 
        following:
    ``(b) Accident Investigations.--
            ``(1) In general.--For the purpose''; and
            (2) by adding at the end the following:
            ``(2) Establishment of national mine safety board for 
        certain accident investigations.--
                    ``(A) Establishment.--There is established an 
                independent board to be known as the National Mine 
                Safety Board (in this paragraph referred to as the 
                `Board') consisting of 5 members, including a 
                Chairperson, who shall be appointed by the President, 
                by and with the advice and consent of the Senate. 
                Members of the Board shall be appointed on the basis of 
                technical qualification, professional standing, and 
                demonstrated knowledge of mine safety, accident 
                reconstruction, safety engineering, and human factors. 
                The terms of office of members of the Board shall be 5 
                years. Any member of the Board, including the 
                Chairperson, may be removed for inefficiency, neglect 
                of duty, or malfeasance in office. The Chairperson 
                shall be the Chief Executive Officer of the Board and 
                shall exercise the executive and administrative 
                functions of the Board.
                    ``(B) Investigation of certain accidents.--For any 
                accident involving 3 or more deaths, the Board shall 
                conduct an independent investigation to--
                            ``(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 findings and conclusions 
                        of the investigation conducted 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 Board 
                        withhold in relation to a criminal referral) 
                        and hold public meetings to inform the mining 
                        community and families of affected miners of 
                        the Board's findings and recommendations.
                    ``(C) Hearings; applicability of certain federal 
                law.--The Board 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 Board shall be subject to the 
                requirements under section 552b of title 5, United 
                States Code.
                    ``(D) Memorandum of understanding.--Not later than 
                90 days after the appointment of the Board under 
                subparagraph (A), the Secretary and the Board shall 
                conclude and publically issue a memorandum of 
                understanding that--
                            ``(i) outlines administrative arrangements 
                        which will facilitate a coordination of efforts 
                        between the Secretary and the Board, ensures 
                        that the Secretary's investigation under 
                        paragraph (1) is not delayed or otherwise 
                        compromised by the activities of the Board, and 
                        establishes a process to resolve any conflicts 
                        between such investigations;
                            ``(ii) ensures that Board members or staff 
                        will be able to participate in investigation 
                        activities (such as mine inspections and 
                        interviews) related to the Secretary's 
                        investigation and will have full access to 
                        documents that are assembled or produced in 
                        such investigation, and ensures that the 
                        Secretary 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 Board; and
                            ``(iii) establishes such other arrangements 
                        as are necessary to implement this 
                        paragraph.''.

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

    Section 103(b)(1) (as amended by section 101) (30 U.S.C. 813(b)) is 
further amended--
            (1) in the first sentence, by striking ``the Secretary 
        may'' and all that follows through ``oaths.'' and inserting: 
        ``the Secretary 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, and, after 
        notice, hold public hearings.''; and
            (2) in the last sentence by striking ``documents'' and 
        inserting ``information, including data, papers, books, 
        documents, and items of physical evidence''.

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.''.

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) 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, and shall be maintained separately for each mine and be 
reported at a frequency determined by the Secretary, but at least 
annually. Operators shall be responsible for reporting all miners 
working at such mine under their direct supervision.''.
    (c) 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 willfully 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 willfully 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. SIGNIFICANT AND SUBSTANTIAL VIOLATIONS.

    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'';
            (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,''; and
            (3) by inserting after the first sentence the following: 
        ``For purposes of this Act, a violation of a provision of this 
        Act, including any mandatory health or safety standard or 
        regulation promulgated under this Act, is of such nature as 
        could significantly and substantially contribute to the cause 
        and effect of a safety or health hazard if there is a 
        substantial probability such violation could result in serious 
        injury, illness, or death.''.

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) Determination of pattern status.--
                    ``(A) In general.--Each operator of a coal or other 
                mine shall be evaluated based on the regulations 
                promulgated under subparagraph (B) to determine whether 
                it meets the criteria for placement in pattern status 
                set forth in such regulations.
                    ``(B) Regulations establishing criteria for 
                placement in pattern status.--The Secretary shall issue 
                regulations establishing criteria for determining 
                whether to place a mine on pattern status under this 
                subsection. Such criteria shall be based on a numerical 
                Safe Performance Index shall evaluate mines according 
                the following factors, each assigned appropriate weight 
                as determined by the Secretary:
                            ``(i) The incidence rate of accidents 
                        resulting in no work days lost.
                            ``(ii) The incidence rate of nonfatal 
                        accidents resulting in work days lost.
                            ``(iii) A severity measure for all 
                        accidents.
                            ``(iv) The number of citations for 
                        violations issued per 100 inspection hours.
                            ``(v) The number of citations issued for 
                        significant and substantial violations per 100 
                        inspection hours.
                            ``(vi) The number of orders issued per 
                        1,000 inspection hours.
                    ``(C) Mine categories.--A Safe Performance Index 
                shall be determined and maintained for each mine, 
                according to the following classifications of mine 
                type:
                            ``(i) underground coal mines;
                            ``(ii) surface coal mines;
                            ``(iii) underground metal mines;
                            ``(iv) surface metal mines; and
                            ``(v) non-metal mines.
                    ``(D) Mitigating circumstances.--Notwithstanding 
                the criteria established under subparagraph (B), if, 
                after conducting an assessment of a coal or other mine 
                that otherwise qualifies for pattern status, the 
                Secretary certifies that there are mitigating 
                circumstances wherein the operator is in the process of 
                reducing elevated risks to the health or safety of 
                miners and is implementing 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) published in the Federal Register; 
                        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.
            ``(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 while 
                the Secretary conducts a complete inspection of the 
                mine to identify any hazards or violations that could 
                be immediately harmful to the safety or health of the 
                miners;
                    ``(C) require, as a condition of reopening the 
                mine, that--
                            ``(i) all violations or other conditions in 
                        the mine identified by the Secretary have been 
                        or are being fully abated or corrected; and
                            ``(ii) the operator file a remediation plan 
                        as described in paragraph (3); and
                    ``(D) require that the number of regular 
                inspections of such mine required under section 103 be 
                increased by an amount determined by the Secretary to 
                be sufficient to ensure that all hazardous conditions 
                have been addressed and that a program is in place to 
                prevent a reoccurrence of such conditions.
            ``(3) Remediation plan.--
                    ``(A) In general.--An operator of a mine placed in 
                pattern status shall submit to the Secretary a 
                remediation plan for approval by the Secretary to--
                            ``(i) institute and implement an effective 
                        health and safety management program that 
                        specifically addresses the issues that gave 
                        rise to the placement of the mine in pattern 
                        status; and
                            ``(ii) 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, 
                        advising miners of their rights under this Act, 
                        and to assist the efforts of the operator in 
                        developing or implementing the remediation 
                        plan.
                    ``(B) Expedited review.--The operator's remediation 
                plan shall be evaluated for approval by the Secretary 
                on an expedited basis, in accordance with section 
                105(d).
                    ``(C) Plan dispute resolution.--
                            ``(i) In general.--Any dispute between the 
                        Secretary and an operator with respect to the 
                        content of the operator's plan under paragraph 
                        (3) or any refusal by the Secretary to approve 
                        such plan shall be resolved on an expedited 
                        basis.
                            ``(ii) Disputes.--In the event of a dispute 
                        or refusal to approve a plan, the Secretary 
                        shall issue a citation which shall be 
                        immediately referred to a Commission. The 
                        Secretary and the operator shall submit all 
                        relevant material regarding the dispute to the 
                        Commission within 15 days of the date of the 
                        referral. The Commission shall render his or 
                        her decision with respect to the plan content 
                        dispute within 15 days of the receipt of the 
                        submission.
                            ``(iii) Further appeals.--Any party 
                        adversely affected by a decision under this 
                        subparagraph may pursue all further available 
                        appeal rights with respect to the situation 
                        involved, except that inclusion of the disputed 
                        provision in the plan will not be limited by 
                        such appeal unless such relief is requested by 
                        the operator and permitted by the Commission.
            ``(4) Performance evaluation.--
                    ``(A) Performance benchmarks.--The Secretary shall 
                evaluate the performance of each operator whose mine is 
                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 for such mine 
                        for significant and substantial violations--
                                    ``(I) is, on average, in the top 
                                performing 35th percentile of such 
                                rates, respectively, for all mines of 
                                similar size and type; and
                                    ``(II) has been reduced by 70 
                                percent since such mine was placed on 
                                pattern status; and
                            ``(ii) the accident and injury rates at 
                        such mine are, on average, in the top 
                        performing 35th percentile of such rates, 
                        respectively, for all mines of similar size and 
                        type.
                    ``(B) Reissuance of production limitation.--If an 
                operator being evaluated fails to achieve the 
                performance benchmarks described in subparagraph (A), 
                the Secretary may re-impose the conditions under 
                paragraph (2)(B) to remedy any recurring conditions 
                that led to pattern status under this subsection, and 
                may require modification of the remediation plan, as 
                necessary, to protect the health and safety of miners.
            ``(5) Termination of pattern status.--
                    ``(A) Performance benchmarks.--The Secretary shall 
                remove an operator of a coal or other mine from pattern 
                status if, for a period of 180 days during which the 
                mine is producing--
                            ``(i) the rate of citations for such mine 
                        for significant and substantial violations--
                                    ``(I) is, on average, in the top 
                                performing 25th percentile of such 
                                rates, respectively, for all mines of 
                                similar size and type; and
                                    ``(II) has been reduced by 70 
                                percent since such mine was placed on 
                                pattern status; and
                            ``(ii) the accident and injury rates at 
                        such mine are, on average, in the top 
                        performing 25th percentile of such rates, 
                        respectively, for all mines of similar size and 
                        type.
                    ``(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.
            ``(6) Expedited hearing.--The operator of a mine whose mine 
        exceeds the safe performance index threshold under this section 
        shall have the right to an expedited hearing, within 10 days of 
        providing notice to the Commission to contest the validity of 
        any enforcement action that has contributed to the mine being 
        identified under this section, notwithstanding whether the 
        enforcement action was previously the subject of a notice of 
        contest pursuant to section 105 or has been deemed a final 
        order of the Commission.
            ``(7) Limitation on application.--The provisions of this 
        subsection shall not apply, for a period of 12 months, 
        following the acquisition of a mine by a purchaser.
            ``(8) Regulations.--Not later than 180 days after the date 
        of enactment of the Mine Safety Accountability and Improved 
        Protection Act, the Secretary shall issue proposed regulations 
        to implement the provisions of this subsection. Not later than 
        1 year after the date of enactment of such Act, the Secretary 
        shall issue final regulations to implement this subsection.
            ``(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. Such database shall be searchable, 
        shall 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 not less frequently than 
                quarterly; and
                    ``(B) the metrics, including percentile 
                information, used for the purposes of the performance 
                benchmarks and threshold criteria described in 
                paragraphs (4) and (5).
            ``(10) Operator fees for additional inspections.--
                    ``(A) Assessment and collection.--Beginning 120 
                days after the date of enactment of the Mine Safety 
                Accountability and Improved Protection Act, 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) Mines in pattern status inspection fund.--
                There is established in the Treasury of the United 
                States a separate account for the deposit of fees 
                collected under this paragraph to be known as the Mines 
                in Pattern Status Inspection Fund. The Secretary shall 
                deposit any fees collected pursuant to subparagraph (A) 
                into the fund.
                    ``(C) Use.--Amounts in the Mines in Pattern Status 
                Inspection Fund shall be available to the Secretary, as 
                provided in subparagraph (D), for making expenditures 
                to carry out the additional inspections required under 
                paragraph (2)(D).
                    ``(D) Authorization of appropriations.--In addition 
                to any other amounts appropriated, there is authorized 
                to be appropriated from the Mines in Pattern Status 
                Inspection Fund 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 collected during the previous fiscal 
                year from fees assessed pursuant to this paragraph. 
                Such amounts are authorized to remain available until 
                expended.
                    ``(E) Crediting and availability of fees.--Fees 
                authorized and collected under this paragraph shall be 
                available for obligation only to the extent and in the 
                amount provided in advance in appropriations Acts.''.

SEC. 203. INJUNCTIVE AUTHORITY.

    Section 108(a)(2) is amended to read as follows:
    ``(2) The Secretary may institute a civil action for relief, 
including permanent or temporary injunction, restraining order, or any 
other appropriate order in the district court of the United States for 
the district in which the coal or other mine is located or in which the 
operator of such mine has his principal office whenever the Secretary 
believes that the operator of a coal or other mine is engaged in a 
pattern of violation of this Act, or of any mandatory health or safety 
standards of this Act, or regulation promulgated under this Act, which 
constitutes a continuing hazard to the health or safety of miners.''.

SEC. 204. REVOCATION OF APPROVAL OF PLANS.

    Section 105 (30 U.S.C. 815) is amended by adding at the end the 
following:
    ``(e) Revocation of Approval of Plans.--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 and provide 
the operator with a detailed explanation containing the specific 
reasons that approval was revoked.''.

SEC. 205. CHALLENGING DECISIONS RELATED TO THE APPROVAL OF A COAL OR 
              OTHER MINE PLAN.

    Section 105 (30 U.S.C. 815) is further amended by adding at the end 
the following:
    ``(f) Process for Approval of and Challenging Decisions Related to 
the Approval of a Coal or Other Mine Plan.--
            ``(1) Proposed programs, plans, and plan revision 
        process.--
                    ``(A) Submission for approval.--Any operator's 
                proposed program, plan, or plan revision, which is 
                subject to approval by the Secretary under this Act, 
                and implementing standards and regulations, shall be 
                submitted in writing to the appropriate district 
                manager of the Mine Safety and Health Administration 
                (in this subsection referred to as the `district 
                manager'). When revisions to a previously approved plan 
                are proposed by a mine operator, only proposed revised 
                pages, maps, and sketches are required to be submitted, 
                unless otherwise specified by the district manager. 
                Written comments may be submitted by representatives of 
                the miners relative to plan or revisions submitted. 
                Such program, plan, or plan revision shall be reviewed 
                and either approved or denied approval by the district 
                manager, pursuant to the following provisions:
                    ``(B) Notification of approval or denial of 
                proposed program, plan or plan revision.--The district 
                manager shall notify the mine operator, in writing, of 
                the approval or denial of the proposed program, plan or 
                plan revision. A copy of the district manager's written 
                notification shall be mailed to the representative of 
                miners by the district manager.
                    ``(C) Failure of the district manager to provide 
                written notification.--If the district manager fails to 
                notify a mine operator, in writing, of the approval or 
                denial of any proposed program or plan within 30 days 
                of the mine operator's submission, such proposed 
                program or plan shall be deemed approved. If a district 
                manager fails to notify a mine operator, in writing, of 
                the approval or denial of approval of any proposed plan 
                revision within 7 days of the mine operator's 
                submission, such proposed program or plan shall be 
                deemed approved.
                    ``(D) Specification of deficiencies and recommended 
                changes.--When approval of any proposed program, plan 
                or plan revision is denied, the district manager's 
                written notification shall--
                            ``(i) specify the deficiencies in the mine 
                        operator's proposed program, plan, or plan 
                        revision;
                            ``(ii) recommend changes to eliminate the 
                        specified deficiencies in the proposed program, 
                        plan, or plan revision; and
                            ``(iii) provide an opportunity for the 
                        operator to schedule a meeting with the 
                        district manager to discuss any specified 
                        deficiencies in the proposed program, plan, or 
                        plan revision.
                    ``(E) Process following meeting.--Following any 
                meeting between the operator and the district manager 
                regarding any proposed program, plan, or plan revision, 
                the district manager shall provide the mine operator 
                with a reasonable time period to resubmit the proposed 
                program, plan, or plan revision.
            ``(2) Plan dispute resolution.--
                    ``(A) Contest.--In the event a district manager 
                denies approval of an operator's proposed program, 
                plan, or plan revision, the operator may contest the 
                decision of the district manager to the Secretary. Any 
                dispute between the Secretary and an operator with 
                respect to the content of any program, plan or plan 
                revision of the mine operator shall be resolved on an 
                expedited basis.
                    ``(B) Disputes.--In the event of a dispute 
                described in subparagraph (A), any technical citation 
                issued by the Secretary shall be immediately referred 
                to a Commission. The Secretary and the mine operator 
                shall submit all relevant material regarding the 
                dispute to the Commission within 15 days of the date of 
                the referral. The Commission shall render its decision 
                with respect to the plan content dispute within 15 days 
                of the receipt of the submission.
                    ``(C) Further appeals.--A party adversely affected 
                by a decision under subparagraph (B) may pursue all 
                further available appeal rights with respect to the 
                citation involved, except that inclusion of the 
                disputed provision of the plan shall not be limited by 
                such appeal unless such relief is requested by the 
                operator and permitted by the Commission.''.

                          TITLE III--PENALTIES

SEC. 301. CIVIL PENALTIES.

    (a) Maximum Civil Penalties.--Section 110(a)(1) (30 U.S.C. 
820(a)(1)) is amended--
            (1) by inserting ``including any regulation promulgated 
        under this Act,'' after ``this Act,''; and
            (2) by striking ``violation.'' and inserting ``violation, 
        except that, in the case of a significant and substantial 
        violation, the penalty shall be not more than $150,000 for each 
        such violation.''.
    (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 period 
beginning after the failed performance review following the first 
performance review, 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 willfully 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 willfully authorized, ordered, 
or carried out such violation, failure, or refusal, or any policy or 
practice that contributed to the occurrence of a fatality 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) Intent Requirements for Criminal Penalty Standards.--Section 
110(d) (30 U.S.C. 820(d)) is amended--
            (1) by striking ``$250,000, or by imprisonment for not more 
        than one year'' and inserting ``$1,000,000, or by imprisonment 
        for not more than 5 years''; and
            (2) by striking ``$500,000, or by imprisonment for not more 
        than five years'' and inserting ``$2,000,000, or by 
        imprisonment for not more than 10 years''.
    (b) Criminal Penalty for Retaliation.--Section 110(d) is further 
amended--
            (1) by inserting ``(1)'' before ``Any operator''; and
            (2) by adding at the end the following:
    ``(2) Whoever willfully 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 or another 
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--
                    (A) by striking ``Unless'' and inserting ``(1) 
                Unless''; and
                    (B) by adding at the end the following:
    ``(2) Unless otherwise authorized by this Act, any operator, agent 
or contractor of any operator, miner, inspector, employee of the 
Administration, or State mine inspector, that willfully gives, causes 
to give, or attempts to give or cause to give advance notice of any 
inspection to be conducted under this Act 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 is unlawful pursuant to section 
        110(e); and
            ``(2) the maximum penalties for a violation under such 
        subsection.''.

SEC. 304. CONFERENCE PROCESS FOR APPEALING PENALTIES; DELINQUENT 
              PAYMENTS AND PREJUDGMENT INTEREST.

    (a) Conference Process.--Section 110 (30 U.S.C. 820) is amended 
by--
            (1) redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following:
    ``(l) Operator Conference Process.--
            ``(1) Right to review.--Prior to the assessment of any 
        penalty assessed under this section, the operator shall be 
        afforded the opportunity to review with a designated Conference 
        Litigation Representative of the Secretary each citation and 
        order issued during an inspection.
            ``(2) Request for conference; timberline.--Upon receipt of 
        a citation or order issued under this Act the operator shall 
        have 15 days to request the review described in paragraph (1) 
        of any citation or order issues during an inspection. The 
        conference request must include a brief statement of the reason 
        why each citation or order should be afforded a conference. 
        Within 15 days following receipt of a request by the operator 
        the Conference Litigation Representative shall schedule a 
        meeting to review the citations or orders subject to the 
        request. The Conference Litigation Representative shall 
        consider all relevant information submitted in a timely manner 
        with respect to the violations or orders.
            ``(3) Decision of conference litigation representative.--
        Within 15 days following the conduct of conference, the 
        Conference Litigation Representative shall issue a decision 
        affirming, modifying, or vacating the citations or orders that 
        were the subject of the conference. The decision shall be 
        communicated to the operator, the issuing inspector, and the 
        district manager responsible for the district within which the 
        mine is located. In making a decision, the Conference 
        Litigation Representative shall consult, as needed, with the 
        Director of the Mine Safety and Health Administration, Office 
        of Accountability, to which each Conference Litigation 
        Representative shall report.''.
    (b) 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.''.
    (c) Ensuring Payment of Penalties.--
            (1) Amendment.--Section 110 (30 U.S.C. 820) is further 
        amended by adding after subsection (l) (as added by subsection 
        (a)) the following:
    ``(m) Ensuring Payments 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 90 
        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 amendment 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;
                                    ``(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; 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 90 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 order.--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 who are idled by such order shall 
        be entitled to full compensation by the operator at their 
        regular rates of pay and in accordance with their regular 
        schedules of pay for the remainder of the current shift and the 
        next 8 hour shift for which they are idled. Nothing in this 
        section shall prevent the operator of a coal or other mine from 
        transferring miners from the area of the mine effected by the 
        withdrawal order to another area of the mine not under the 
        withdrawal order.
            ``(2) 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, terminated, or up to 10 days.
    ``(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.''.

            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 entering the mine is 
made aware, at the start of such miner's shift, of the current 
conditions of the mine, including--
            ``(i) any conditions that are hazardous; and
            ``(ii) the general conditions of that miner's assigned 
        working section or other area.
    ``(B) Not later than 90 days after the date of enactment of the 
Mine Safety Accountability and Improved Protection Act, the Secretary 
shall promulgate interim final rules implementing the requirements of 
subparagraphs (A) and (B).''.

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.''; and
            (3) by adding at the end the following:
            ``(2) Methods of measurement.--
                    ``(A) Regulations.--The Secretary shall, not later 
                than 180 days after the date of enactment of the Mine 
                Safety Accountability and Improved Protection Act, 
                promulgate an interim final rule that prescribes 
                methods for sampling of total incombustible content of 
                coal dust using direct reading monitors and includes 
                requirements for locations, methods, and intervals for 
                mandatory operator sampling.
                    ``(B) In general.--Each operator of an underground 
                coal mine accurate samples of the combined coal dust, 
                rock dust, and other dust deposited on rock-dusted 
                surfaces, loose coal, and other combustible materials 
                in the active workings of such mines, to ensure that 
                the coal dust is kept below explosive levels through 
                the appropriate application of rock dusting.
                    ``(C) Recommendations.--Not later than 2 years 
                after the date of enactment of the Mine Safety 
                Accountability and Improved Protection Act, 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. Such 
                recommendations shall include an analysis of the 
                effects of and relationship between methane and the 
                incombustible content of such combined dusts, and 
                appropriate recommendations for addressing methane in 
                such context.
                    ``(D) Direct reading monitors.--By 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 coal dust and the Department 
                of Labor has approved such monitors for use in 
                underground coal mines, the Secretary shall require 
                operators to develop a program to conduct sampling to 
                ensure that sufficient quantities of rock dust have 
                been deposited on take coal dust samples using direct 
                reading monitors.''.
    (b) Report.--Not later than 1 year 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--
            (1) regarding whether any direct reading device 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 device, 
        or additional verification regarding reliability and accuracy, 
        would be needed for enforcement purposes; and
            (2) identifying any limitations or impediments for such use 
        in underground coal mines.

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 Mine Safety Accountability and 
        Improved Protection Act, 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; and
                    ``(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.
            ``(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 by striking ``of 
Health and Human Services''.

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 the mine operator or by a 
        trainer approved by the Secretary;''.
    (b) 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 subsection (e) as subsection (f) and inserting after 
subsection (d) the following:
    ``(e) Authority To Mandate Additional Training.--The Secretary is 
authorized to require that an operator of a coal 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--
            ``(1)(A) a serious or fatal accident has occurred at such 
        mine; or
            ``(B) 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
            ``(2) additional training would benefit the health and 
        safety of miners at the mine.''.
    (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 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 Mine Safety Accountability and Improved 
        Protection Act, 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 responds to requests for revocation.
            ``(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) may 
        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 Mine Safety Accountability and 
        Improved Protection Act, 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) Mine safety and health certification fund.--There is 
        established in the Treasury of the United States a separate 
        account for the deposit of fees collected under this subsection 
        to be known as the Mine Safety and Health Certification Fund. 
        The Secretary shall deposit any fees collected pursuant to 
        paragraph (1) into the fund.
            ``(3) Use.--Amounts in the Mine Safety and Health 
        Certification Fund shall be available to the Secretary, as 
        provided in paragraph (4), for making expenditures to carry out 
        the certification programs established under this subsection.
            ``(4) Authorization of appropriations.--In addition to 
        funds appropriated under section 114, there is authorized to be 
        appropriated from the Mine Safety and Health Certification Fund 
        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 collected during the previous 
        fiscal year from fees assessed pursuant to this subsection. 
        Such amounts are authorized to remain available until expended.
            ``(5) Crediting and availability of fees.--Fees authorized 
        and collected under this subsection shall be available for 
        obligation only to the extent and in the amount provided in 
        advance in appropriations 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) and there is a substantial probability that such a violation 
could result in death.''.

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 in each succeeding fiscal year'' and 
        inserting ``$20,000,000 for each fiscal year''.

SEC. 603. AMENDMENTS RELATING TO ELIGIBILITY FOR SCHOLARSHIP PROGRAM.

    Section 515 (30 U.S.C. 964) is amended--
            (1) in subsection (b)(3), by striking subparagraph (B) and 
        redesignating subparagraphs (C) and (D) as subparagraphs (B) 
        and (C), respectively;
            (2) in subsection (c)(3), by striking subparagraph (B) and 
        redesignating subparagraphs (C) and (D) as subparagraphs (B) 
        and (C), respectively; and
            (3) in subsection (d)(3)--
                    (A) in subparagraph (A), by inserting ``and'' after 
                the semicolon; and
                    (B) by striking subparagraph (B) and redesignating 
                subparagraph (C) as subparagraph (B).

SEC. 604. ADDITIONAL TRAINING OF MINE INSPECTORS.

    Beginning during the 1 year period after the date of enactment of 
this Act, and each year thereafter, the Secretary of Labor shall 
require that each mine inspector conducting inspections under the 
Federal Mines Safety and Health Act of 1977 receive a full additional 
week of training, in addition to the training that was provided to or 
required of such inspectors prior to the date of enactment of this Act.

SEC. 605. REPORT ON STAFFING NEEDS OF THE MINE SAFETY AND HEALTH 
              ADMINISTRATION.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Labor shall transmit a report to Congress detailing 
any specific need for additional inspectors or other employees of the 
Mine Safety and Health Administration in order for the Administration 
to carry out and fulfill the purposes of this Act. Such report shall 
include specific requests for additional appropriations, if so 
determined by the Secretary.
                                 <all>