[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 805 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 805

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 2013

Mr. Rockefeller (for himself, Mr. Manchin, Mr. Harkin, and Mrs. Murray) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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, and 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 
Mine and Workplace Safety and Health Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. 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, 
                            investigations, and recordkeeping.
                TITLE II--ENHANCED ENFORCEMENT AUTHORITY

Sec. 201. Significant and substantial violations.
Sec. 202. Procedures and criteria for determining a pattern of 
                            violations.
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.
                          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.
            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 and additional technological 
                            improvements.
Sec. 504. Technology related to respirable dust.
Sec. 505. Refresher training on miner rights and responsibilities.
Sec. 506. Additional training.
Sec. 507. Brookwood-Sago mine safety grants.
Sec. 508. Certification of personnel.
Sec. 509. Electronic records requirement.
              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

Sec. 601. Definitions.
Sec. 602. Assistance to States.
Sec. 603. Black lung medical reports.
Sec. 604. Study on workforce needs.
Sec. 605. Mine Safety and Health Administration strategic planning.
Sec. 606. Double encumbrance; succession plan.
TITLE VII--AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

Sec. 701. Coverage of public employees.
Sec. 702. Enhanced protections from retaliation.
Sec. 703. Victims' rights.
Sec. 704. Correction of serious, willful, or repeated violations 
                            pending contest and procedures for a stay.
Sec. 705. Conforming amendments.
Sec. 706. Civil penalties.
Sec. 707. Criminal penalties.
Sec. 708. Penalties.
Sec. 709. Effective date.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Employers have an obligation to ensure a safe and 
        healthy work environment for all employees.
            (2) To help fulfill that obligation, Congress must conduct 
        oversight of the executive agencies responsible for enforcing 
        workplace safety laws and must revise and update Federal laws 
        when necessary to protect the safety and health of the 
        workforce of the United States.
            (3) In response to several mining tragedies in early 2006, 
        Congress quickly passed the most sweeping changes to mine 
        safety laws in 30 years. The Mine Improvement and New Emergency 
        Response Act of 2006 (Public Law 109-236, 120 Stat. 493), also 
        known as the ``MINER Act'', was signed into law on June 15, 
        2006.
            (4) As a result of the MINER Act--
                    (A) coal miners are entitled to at least 2 hours of 
                readily accessible oxygen supplies for use in 
                emergencies and additional oxygen supplies every 30 
                minutes along escape routes;
                    (B) mines are required to implement emergency 
                response plans and have 2 rescue teams located within 
                one hour from the mine;
                    (C) mine operators are subjected to penalties for 
                failing to quickly notify the Mine Safety and Health 
                Administration about accidents; and
                    (D) a new grant program was created to provide mine 
                safety training.
            (5) Although the MINER Act made significant improvements to 
        mine rescue capabilities, Congress was again reminded of the 
        need to continually improve and vigorously enforce our Federal 
        mine safety laws when, on April 5, 2010, an explosion ripped 
        through the Upper Big Branch Mine in Montcoal, West Virginia, 
        killing 29 brave West Virginia coal miners and seriously 
        injuring another. This was the worst coal mining disaster in 
        the United States in nearly 40 years.
            (6) We must never forget those who have been impacted by 
        this tragedy--family members, friends, coworkers, loved ones, 
        and most importantly, the individuals who perished in the Upper 
        Big Branch explosion: Carl ``Pee Wee'' Acord, Jason Matthew 
        Atkins, Christopher Lee Bell, Sr., Gregory Steven Brock, 
        Kenneth A. Chapman, Sr., Robert Eugene Clark, Cory Davis, 
        Charles Timothy Davis, Michael Lee Elswick, William Ildon 
        Griffith, Steven J. ``Smiley'' Harrah, Edward ``Dean'' Jones, 
        Richard Keith Lane, William Roosevelt Lynch, Joe Marcum, Ronald 
        Lee Maynor, Nicolas D. McCroskey, James ``Eddie'' Mooney, Adam 
        K. Morgan, Rex Lane Mullins, Joshua Scott Napper, Howard 
        ``Boone'' Payne, Jr., Dillard Earl ``Dewey'' Persinger, Joel R. 
        ``Jody'' Price, Gary Wayne Quarles, Deward Allan Scott, Grover 
        Dale Skeens, Benny Ray Willingham, and Ricky L. Workman. 
        Another miner, James Woods, was seriously injured in the 
        explosion and a second survivor, Tim Blake, has been credited 
        with heroically attempting to save the lives of his fellow 
        miners by applying emergency breathing devices to them while 
        they were unconscious.
            (7) Five Federal, State, and independent entities have 
        conducted investigations into the Upper Big Branch disaster. 
        Together, these reports conclude that the Upper Big Branch 
        disaster was a preventable explosion caused by a failure of the 
        operator to follow known safety standards, including those that 
        are intended to prevent large-scale explosions.
            (8) The United States Attorney for the Southern District of 
        West Virginia has launched a criminal investigation into the 
        Upper Big Branch disaster, which to date has resulted in the 
        conviction of, or guilty pleas from, 4 employees or former 
        employees of the Upper Big Branch mine.
            (9) In the 2 years following the Upper Big Branch disaster, 
        Congress has held a total of 9 hearings on the disaster and on 
        mine safety generally.
            (10) Congress enacted, as part of the Dodd-Frank Wall 
        Street Reform and Consumer Protection Act (Public Law 111-203, 
        124 Stat. 1376), an amendment requiring publicly traded mining 
        companies to disclose serious safety violations to 
        shareholders, the public, and the Securities and Exchange 
        Commission.
            (11) Congress appropriated $22,000,000 through the 
        Supplemental Appropriations Act, 2010 (Public Law 111-212) to 
        reduce the backlog of appeals at the Federal Mine Safety and 
        Health Review Commission, investigate the Upper Big Branch 
        disaster, and purchase emergency response equipment. During the 
        year that this funding was available, the Federal Mine Safety 
        and Health Review Commission was able to hire 6 additional 
        judges and support staff and, along with the Department of 
        Labor, was able to dispose of 11,643 cases, including 6,924 
        cases that had been specifically targeted for backlog 
        reduction.
            (12) In September 2010, the Mine Safety and Health 
        Administration issued an emergency temporary standard that 
        strengthened rock dusting requirements to reduce the likelihood 
        and severity of explosions in underground mines. In June 2011, 
        the agency issued final regulations requiring mine operators to 
        maintain incombustible content of combined dust of at least 80 
        percent in underground mines.
            (13) Since April 2010, the Mine Safety and Health 
        Administration has increased its enforcement by implementing 
        impact inspections that target violations at unsafe mines with 
        poor compliance history or specific safety concerns. As of 
        March 2013, the Administration had conducted 579 impact 
        inspections, resulting in 10,036 citations, 946 orders, and 43 
        safeguards.
            (14) The Mine Safety and Health Administration has also--
                    (A) revised the screening criteria for placing 
                mines onto pattern of violations status under section 
                104(e) of the Federal Mine Safety and Health Act of 
                1977 (30 U.S.C. 814(e)), which subjects unsafe mines to 
                increased enforcement and oversight;
                    (B) created a new online tool to allow operators, 
                miners, and the public to monitor whether a mine could 
                be subject to a pattern of violations; and
                    (C) finalized new regulations that will eliminate 
                regulatory loopholes that have allowed unsafe mines to 
                avoid being placed onto pattern of violations status 
                altogether.
            (15) In April 2011, for the first time in history since the 
        Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et 
        seq.) was enacted, the Mine Safety and Health Administration 
        placed 2 mines onto pattern of violations status, and as of 
        November 2012, had issued 98 letters notifying mines that they 
        faced a potential pattern of violations, which is the 
        regulatory precursor to being placed onto pattern of violations 
        status.
            (16) The entities charged with investigating the Upper Big 
        Branch disaster have made several recommendations to improve 
        the safety of miners that can only be accomplished through the 
        legislative process. At this time, Congress has not passed 
        comprehensive mine safety legislation that is critical to 
        improving the long-term structure of mine safety efforts and 
        providing the maximum level of protection for our Nation's 
        miners and their families.

SEC. 3. 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)(i) determine whether there were violations of 
                law, mandatory health or safety standards, or other 
                requirements; and
                    ``(ii) if there is evidence of conduct that may 
                constitute a violation of Federal criminal law, refer 
                such evidence to the Attorney General of the United 
                States; 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--
                                    ``(I) shall appoint as members of 
                                the Panel--
                                            ``(aa) 1 operator of a mine 
                                        or individual representing mine 
                                        operators; and
                                            ``(bb) 1 member of a labor 
                                        organization or other 
                                        representative of miners; and
                                    ``(II) shall not appoint more than 
                                1 of either type of individuals 
                                described in items (aa) and (bb) 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 may 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;
                                    ``(V) the Federal Mine Safety and 
                                Health Review Commission; or
                                    ``(VI) any other person or entity 
                                (including equipment manufacturers);
                            ``(iii) review the determinations and 
                        recommendations made 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, that, 
                                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 (5 U.S.C. App.). 
                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 Mine and Workplace Safety and Health Act of 2013, 
                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 available to the 
                        Panel all of the authority provided 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 Mine and 
                Workplace Safety and Health Act of 2013, 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) Subpoenas; contempt; witnesses.--
                            ``(i) Hearings and subpoena authority.--For 
                        the purpose of carrying out any investigation 
                        of any accident or other occurrence relating to 
                        health or safety in a coal or other mine under 
                        this paragraph, the Director of NIOSH shall, at 
                        the request of a majority of the Panel or upon 
                        the Director's own initiative sign, and issue 
                        subpoenas for the attendance and testimony of 
                        witnesses and the production of relevant 
                        papers, books, and documents, and administer 
                        oaths. Witnesses summoned shall be paid the 
                        same fees and mileage that are paid witnesses 
                        in the courts of the United States.
                            ``(ii) Contumacy.--In case of contumacy or 
                        refusal to obey a subpoena served upon any 
                        person under this subparagraph, the district 
                        court of the United States for any district in 
                        which such person is found, resides, or 
                        transacts business, upon application by the 
                        United States and after notice to such person, 
                        shall have jurisdiction to issue an order 
                        requiring such person to appear and give 
                        testimony before the Director of NIOSH or 
                        Panel, or to appear and produce documents 
                        before the Director or Panel, or both, and any 
                        failure to obey such order of the court may be 
                        punished by such court as a contempt thereof.
                            ``(iii) Additional investigative 
                        authority.--In carrying out inspections and 
                        investigations under this paragraph, the 
                        Director of NIOSH or the Panel, and the staff 
                        of and attorneys representing the Director or 
                        Panel, are authorized to question any 
                        individual privately. Under this subparagraph, 
                        any individual who is willing to speak with or 
                        provide a statement to the Director or Panel, 
                        or the staff or attorneys of the Director or 
                        Panel, may do so without the presence, 
                        involvement, or knowledge of the operator or 
                        the operator's agents or attorneys. The 
                        Director or Panel 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 or other 
                        representative.
                    ``(H) 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(a)) (30 U.S.C. 813(b)) is 
further amended by adding at the end the following:
            ``(4) Additional powers.--For the purpose of enabling the 
        Secretary to perform any of the functions under this Act, 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 or other representative.''.

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, disabled, 
killed, 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 representative 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, 
              INVESTIGATIONS, AND RECORDKEEPING.

    (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. If an inspection of a working section of a mine occurs during a 
shift on which a mechanized mining unit is producing, or customarily 
produces, coal on such section, then such inspection shall be conducted 
while such unit is producing coal at a rate that is reasonably 
consistent with the average rate of production at the mine during the 
previous quarter.''.
    (b) Increased Targeted Inspections.--Section 103(a) (as amended by 
subsection (a)) is further amended by inserting after the fifth 
sentence (as inserted by such subsection) the following: ``If the 
Secretary determines that the operator has not properly maintained a 
record of all violations of this Act (including any mandatory health or 
safety standard or regulation promulgated under this Act) for a mine, 
the Secretary shall provide, during the 3-month period following such 
determination, a minimum of one spot inspection by his authorized 
representative of all or part of such mine, during every 15 working 
days and at irregular intervals. Such inspections shall be in addition 
to any other inspections required under this section.''.
    (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, and shall be maintained separately for each mine and be 
reported at a frequency determined by the Secretary, but at not less 
than annually. Each operator shall be responsible for reporting on all 
miners working at such mine regardless of their employer, except that 
independent contractors (within the meaning of section 3(d)) shall only 
be responsible for reporting on miners in their employ or under their 
direction or authority.''.
    (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)) (as amended by subsections (a) and (b) is 
further 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.''.
    (f) Electronic Database.--Section 103 (30 U.S.C. 813) is amended by 
adding at the end the following:
    ``(l) Electronic Database.--The Secretary shall establish and 
maintain a publicly available electronic database containing current 
and historical data on the safety records of each coal or other mine. 
Such database shall be user-friendly and searchable, and shall have the 
ability to provide aggregate data for each mine, each operator, and 
each controller of a mine and the ability to compare safety data 
between mines, operators, and controllers.''.
    (g) Federal-State Coordination.--Section 103 (as amended by 
subsection (f)) is further amended by adding at the end the following:
    ``(m) Federal-State Coordination.--
            ``(1) In general.--To the maximum extent practicable, when 
        the Secretary identifies a mine as having a significant or 
        persistent safety or health problem--
                    ``(A) an authorized representative of the Secretary 
                shall request a meeting with the appropriate State-
                level regulator to share the concerns of the Secretary 
                when the Secretary determines that such actions would 
                improve conditions of the mine; and
                    ``(B) the Secretary and the State-level regulator 
                may develop a joint plan designed to correct the 
                identified problem.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to require the Secretary to take action that 
        could delay or compromise any civil or criminal enforcement 
        action or proceeding.''.
    (h) Outside Experts in Investigations.--Section 112 (30 U.S.C. 822) 
is amended--
            (1) by striking ``Except as provided'' and inserting the 
        following:
    ``(a) Civil Litigation Representation.--Except as provided''; and
            (2) by adding at the end the following:
    ``(b) Mining Experts in Investigations.--The Attorney General shall 
designate 1 or more full-time employees with expertise in the mining 
industry to coordinate with the Department of Labor and assist United 
States attorneys in the investigation and prosecution of criminal 
violations under this Act.''.

                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 
        reasonable possibility that such violation could result in 
        injury, illness, or death.''.

SEC. 202. PROCEDURES AND CRITERIA FOR DETERMINING A PATTERN OF 
              VIOLATIONS.

    Section 104(e)(4) is amended to read as follows:
            ``(4) The criteria for determining when a pattern of 
        violations of mandatory health or safety standards exists, and 
        the requirements for the issuance and termination of notice of 
        a pattern of violations, shall be the criteria and requirements 
        in the regulations promulgated by the Secretary under part 104 
        of chapter I of title 30, Code of Federal Regulations, as 
        published on January 23, 2013 (78 Federal Register 5073 through 
        5074).''.

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 or 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, and to be prohibited from entering 
        such mine, 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 
regarding whether 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.''.

                          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.--Section 110(b) (30 U.S.C. 820(b)) 
is amended by adding at the end the following--
            ``(3) The operator of a coal or other mine may be assessed 
        a civil penalty of not more than $220,000 by the Secretary 
        for--
                    ``(A) any change in ventilation in a coal or other 
                mine, where such ventilation system or control is 
                required by a ventilation plan, safety standard, or 
                order, that is made without prior approval from the 
                Secretary;
                    ``(B) a violation of a mandatory health or safety 
                standard requiring rock dusting;
                    ``(C) a violation of the prohibition under section 
                101 regarding providing advance notice of an 
                inspection;
                    ``(D) a violation of a mandatory health or safety 
                standard requiring examinations of work areas in an 
                underground coal mine; or
                    ``(E) a failure to keep the records required for 
                the mine by the Secretary in accordance with this Act.
            ``(4) Notwithstanding any other provision of this Act, an 
        operator of a coal or other mine that is in pattern of 
        violations status under section 104(e) 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.''.
    (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 contributed to the occurrence of 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) Intent Requirements for Criminal Penalty Standards.--Section 
110(d) (30 U.S.C. 820(d)) is amended--
            (1) by striking ``willfully'' and inserting ``knowingly'';
            (2) 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
            (3) 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 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 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 knowingly 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. 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 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 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(l) of the Federal Mine Safety and 
        Health Act of 1977 (as amended) (30 U.S.C. 820(l)) 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, any representative of miners, 
                or any applicant for employment--
                            ``(i) because 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) has 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;
                                    ``(III) has exercised, on behalf of 
                                him or herself or others, any right 
                                afforded by this Act, or has reported 
                                any injury or illness to an operator or 
                                agent;
                                    ``(IV) 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
                                    ``(V) refused to violate any 
                                provision of this Act (including any 
                                mandatory health or safety standard or 
                                regulation promulgated under this Act);
                            ``(ii) because such miner is the subject of 
                        medical evaluations and potential transfer 
                        under a standard published pursuant to section 
                        101;
                            ``(iii) where the discharge, discrimination 
                        or other retaliation was based on a suspicion 
                        or belief that such miner or other employee, 
                        representative, or applicant, or engaged in, or 
                        is about to engage in, any of the activities 
                        described in clause (i); or
                            ``(iv) because the spouse, sibling, child, 
                        or parent of the miner or other employee or 
                        applicant for employment--
                                    ``(I) is a miner or other employee 
                                or applicant at a mine under the 
                                control of the same operator; and
                                    ``(II) has engaged in activity that 
                                is protected under clause (i), (ii), or 
                                (iii).
                    ``(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, 
        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 
        the last date on which an alleged violation of such paragraph 
        occurs or 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--
                            ``(i) forward a copy of the complaint to 
                        the respondent;
                            ``(ii) commence an investigation within 15 
                        days of the Secretary's receipt of the 
                        complaint; and
                            ``(iii) 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 to 
                        provide additional information or evidence, or 
                        to 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, representative of miners, 
                or applicant for employment 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 on the record 
                (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 after the receipt of a complaint filed under 
                paragraph (2), the Secretary shall notify, in writing, 
                the miner or other employee, representative of miners, 
                or applicant for employment 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 on the record (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)(F). 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) Attorney's 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 miner or 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, 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.
            ``(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.
            ``(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 a miner's representative 
        and after opportunity for a hearing on the record 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 or that violate a 
        mandatory health or safety standard or a plan approved under 
        this Act; and
            ``(ii) the general conditions of that miner's assigned 
        working section or other area.
    ``(B) In an effort to facilitate the communications described in 
subparagraph (A), each agent of the operator who is responsible for 
ensuring the safe and healthful working conditions at the mine, 
including mine foremen, assistant mine foremen, and mine examiners, 
shall, upon exiting the mine or workplace, verbally communicate with 
any oncoming agent replacing the exiting agent on duty in order to 
update the oncoming agent on the conditions the exiting agent observed 
during the exiting agent's shift, including any conditions that are 
hazardous or that violate a mandatory health or safety standard or a 
plan approved under this Act. Such communications process shall be 
completed prior to the start of each shift at the mine and recorded in 
a book designated for that purpose and available for inspection by all 
interested parties. In the event the mine operation is idle prior to 
the start of any shift, the oncoming agent of the operator shall meet 
with the individual who was responsible for examining the mine to 
obtain the necessary information.
    ``(C) Not later than 90 days after the date of enactment of the 
Robert C. Byrd Mine and Workplace Safety and Health Act of 2013, 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. 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 that 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.--In order to ensure 
                timely assessment and compliance with the requirements 
                of subparagraph (A), the Secretary shall, beginning not 
                later than 180 days after the date of enactment of the 
                Robert C. Byrd Mine and Workplace Safety and Health Act 
                of 2013, require operators to measure total 
                incombustible content in samples of combined coal dust, 
                rock dust, and other dust, using direct reading 
                monitors that the Secretary has approved for use in an 
                underground coal mine, such as coal dust explosibility 
                monitors.
                    ``(C) Regulations.--The Secretary shall, by not 
                later than 180 days after the date of enactment of the 
                Robert C. Byrd Mine and Workplace Safety and Health Act 
                of 2013, promulgate an interim final rule that 
                prescribes methods for sampling of total incombustible 
                content (or an equivalent measure of explosibility) 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 Mine and 
                Workplace Safety and Health Act of 2013, 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 (C) that 
                may be warranted in light of such research.''.
    (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 the Workforce 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 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
            (2) identifying any limitations or impediments for such use 
        in underground coal mines.
    (c) Additional Rock Dust Reporting.--Section 103(h) (30 U.S.C. 
813(h)) is amended by inserting after the first sentence the following: 
``An operator of a coal or other mine shall, as part of the 
recordkeeping requirements of this Act, maintain up-to-date records of 
the amount of rock dust purchased and dispersed.''.

SEC. 503. ATMOSPHERIC MONITORING SYSTEMS AND ADDITIONAL TECHNOLOGICAL 
              IMPROVEMENTS.

    Section 317 (30 U.S.C. 877) is amended by adding at the end the 
following:
    ``(u) Atmospheric Monitoring Systems.--Not later than 1 year after 
the date of enactment of the Robert C. Byrd Mine and Workplace Safety 
and Health Act of 2013, the Secretary shall promulgate regulations 
requiring that each operator of an underground coal mine install 
atmospheric monitoring systems that--
            ``(1) protect miners where the miners normally work and 
        travel;
            ``(2) provide real-time information regarding methane and 
        carbon monoxide levels, and airflow direction, as appropriate, 
        with sensing, annunciating, and recording capabilities; and
            ``(3) can, to the maximum extent practicable, withstand 
        explosions and fires.
    ``(v) Additional Technological Improvements.--Not later than 2 
years after the date of enactment of the Robert C. Byrd Mine and 
Workplace Safety and Health Act of 2013, the Secretary shall promulgate 
regulations requiring that mining equipment used in a coal mine 
incorporate an atmospheric monitoring and recording device that samples 
and records the methane, oxygen, carbon monoxide, and coal dust levels 
in the mine.''.
    ``(w) Proximity Detectors.--Not later than 6 months after the date 
of enactment of the Robert C. Byrd Mine and Workplace Safety and Health 
Act of 2013, the Secretary shall promulgate regulations requiring that 
mining equipment and other mobile equipment incorporate proximity 
detectors.''.

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 6 months after the date of 
        enactment of the Robert C. Byrd Mine and Workplace Safety and 
        Health Act of 2013, the Secretary shall issue a final 
        regulation lowering permissible exposure levels to respirable 
        dust and updating sampling and testing procedures, in order to 
        provide the maximum feasible protection from respirable dust, 
        including coal and silica dust, that is achievable through 
        environmental controls. Not later than 5 years after the date 
        of issuance of such final regulation, and once every 5 years 
        thereafter, the Secretary shall reexamine the incidence of 
        pneumoconiosis in miners and, unless there is a decline in 
        pneumoconiosis, shall update the regulation.''.

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) Timing of Initial Statutory Rights Training.--Notwithstanding 
section 115 of the Federal Mine Safety and Health Act of 1977 (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 by not later than 180 days after such date.

SEC. 506. ADDITIONAL TRAINING.

    (a) Authority To Mandate Additional Training.--
            (1) 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.--
            ``(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 period 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.''.
            (2) 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 
        section 115(e)''.
    (b) Additional Training.--Section 115(a) (30 U.S.C. 825(a)) is 
amended--
            (1) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (2) by adding at the end the following:
            ``(6) each miner in an underground coal mine shall receive 
        quarterly training on the use of self-rescue devices, which 
        shall be conducted in circumstances that approximate actual 
        operating circumstances as closely as practicable, including 
        practice during production events and during shift changes.''.

SEC. 507. BROOKWOOD-SAGO MINE SAFETY GRANTS.

    Section 14(e)(2) of the Mine Improvement and New Emergency Response 
Act of 2006 (30 U.S.C. 965(e)(2)) is amended by inserting before the 
period ``, and underground mine rescue training activities that 
simulate mine accident conditions''.

SEC. 508. 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 Mine and Workplace Safety and 
        Health Act of 2013, 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 the 
        standards under paragraph (1), 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 Robert C. Byrd Mine and Workplace 
        Safety and Health Act of 2013, 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 that 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.--The Act is amended--
            (1) in section 318 (30 U.S.C. 878)--
                    (A) by striking subsections (a) and (b);
                    (B) in subsection (c), by redesignating paragraphs 
                (1) through (3) as subparagraphs (A) through (C), 
                respectively;
                    (C) in subsection (g), by redesignating paragraphs 
                (1) through (4) as subparagraphs (A) through (D), 
                respectively; and
                    (D) by redesignating subsections (c) through (j) as 
                paragraphs (1) through (8), respectively; and
            (2) by redesignating section 214 as section 114.

SEC. 509. ELECTRONIC RECORDS REQUIREMENT.

    Section 103 is amended by adding at the end the following:
    ``(n) Electronic Records.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Robert C. Byrd Mine and Workplace Safety 
        and Health Act of 2013, the Secretary shall promulgate 
        regulations requiring that mine operators retain records and 
        data required by this Act, or otherwise required by the 
        Secretary, that are created, stored or transmitted in 
        electronic form.
            ``(2) Contents.--The records described in paragraph (1) 
        shall include records pertaining to--
                    ``(A) miner safety and health, tracking and 
                communications;
                    ``(B) atmospheric monitoring of methane, carbon 
                monoxide, oxygen, coal dust, and other mine conditions;
                    ``(C) equipment usage history and operating 
                parameters;
                    ``(D) equipment calibration and maintenance; and
                    ``(E) other information relevant to compliance with 
                Federal mine health and safety laws (including health 
                or safety standards and regulations).
            ``(3) Regulations.--Not later than 2 years after the date 
        of enactment of the Robert C. Byrd Mine and Workplace Safety 
        and Health Act of 2013, the Secretary shall promulgate a 
        regulation regarding the minimum necessary capabilities of 
        equipment to retain, store, and recover data created or 
        transmitted in electronic form for purposes of this 
        subsection.''.

              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

SEC. 601. DEFINITIONS.

    (a) Definition of Operator.--Section 3(d) (30 U.S.C. 802) 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 Imminent Danger.--Section 3(j) (30 U.S.C. 802(j)) 
is amended--
            (1) by striking ``means the'' and inserting the following: 
        ``means--
            ``(1) the'';
            (2) by striking the semicolon at the end and inserting ``; 
        or''; and
            (3) by adding at the end the following:
            ``(2) the existence of multiple conditions or practices 
        (regardless of whether related to each other) that, when 
        considered in the aggregate, could reasonably be expected to 
        cause death or serious physical harm before such conditions or 
        practices can be abated;''.
    (e) 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.

    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. STUDY ON WORKFORCE NEEDS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study on the workforce needs of the mining industry and 
Federal and State mining enforcement agencies, including the need for 
engineers and mine safety and health professionals.
    (b) Issues To Be Studied.--The study in subsection (a) shall 
include--
            (1) an analysis of the training and expertise of the mine 
        engineers and the mine safety and health workforce; and
            (2) the need for a highly trained workforce of engineers 
        and safety and health professionals within--
                    (A) the mining industry;
                    (B) the Mine Safety and Health Administration; and
                    (C) State enforcement agencies responsible for mine 
                safety and health.
    (c) Report.--The Comptroller General of the United States shall 
prepare and submit to the Committee on Health, Education, Labor, and 
Pensions of the Senate and to the Committee on Education and the 
Workforce of the House of Representatives a report on the study 
described in subsection (a).
    (d) Recommendations.--As needed, the Comptroller General of the 
United States shall provide recommendations for improvement in the 
report in subsection (c).

SEC. 605. MINE SAFETY AND HEALTH ADMINISTRATION STRATEGIC PLANNING.

    (a) Strategic Plan.--Not later than December 31, 2013, the 
Secretary of Labor, acting through the Assistant Secretary of Labor for 
Mine Safety and Health, shall submit to the Director of the Office of 
Management and Budget and to the Congress, and post on the public 
website of the Mine Safety and Health Administration, a 5-year 
strategic plan for program activities. Such plan shall be--
            (1) prepared in accordance with the requirements for agency 
        strategic plans under section 306 of title 5, United States 
        Code, except as otherwise provided in this section;
            (2) aligned with the strategic plan of the Department of 
        Labor; and
            (3) revised at least once every 4 years.
    (b) Annual Performance Plan.--Beginning with the Mine Safety and 
Health Administration budget submission for fiscal year 2015, the 
Secretary of Labor, acting through the Assistant Secretary of Labor for 
Mine Safety and Health, shall submit to the Director of the Office of 
Management and Budget an annual performance plan covering each program 
activity set forth in the budget of the Mine Safety and Health 
Administration. Such plan shall--
            (1) be prepared in accordance with the requirements for 
        performance plans under section 1115 of title 31, United States 
        Code, except as otherwise provided in this section;
            (2) be consistent with the strategic plan of the Mine 
        Safety and Health Administration under subsection (a); and
            (3) include a strategic workforce plan that provides a 
        clear line of sight between the performance goals and 
        objectives of the Mine Safety and Health Administration and the 
        human capital strategies employed to meet such goals and 
        objectives.
    (c) Report.--Not later than 150 days after the end of each fiscal 
year, beginning with fiscal year 2015, the Secretary of Labor, acting 
through the Assistant Secretary of Labor for Mine Safety and Health, 
shall prepare and submit to the President and Congress, and post on the 
public website of the Mine Safety and Health Administration, a report 
on the program performance for the previous fiscal year. Such report 
shall--
            (1) be prepared in accordance with the requirements for 
        program performance reports under section 1116 of title 31, 
        United States Code; and
            (2) address the extent to which the Mine Safety and Health 
        Administration is using performance information to improve 
        program performance.

SEC. 606. DOUBLE ENCUMBRANCE; SUCCESSION PLAN.

    (a) Authorization.--Notwithstanding any personnel procedures, 
rules, or guidance, the Secretary of Labor is authorized to double 
encumber a position or utilize early replacement hiring for authorized 
representatives and technical specialist positions in the Mine Safety 
and Health Administration. The number of such positions shall be 
consistent with the staffing requirements set forth in the succession 
plan under subsection (b).
    (b) Succession Plan.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of Labor shall develop and 
        provide to Congress a succession plan for the Mine Safety and 
        Health Administration for the next 5 years to assure timely 
        replacement of qualified employees critical to maintaining the 
        agency's mission. The succession plan shall--
                    (A) estimate employee turnover for each year;
                    (B) set benchmarks for maximum allowable percentage 
                of vacancies, and a maximum ratio of trainees to 
                authorized representatives;
                    (C) utilize double encumbrance or early replacement 
                hiring for authorized representatives and technical 
                specialists;
                    (D) include the implementation of tracking systems 
                to assure that staffing levels of authorized 
                representatives and technical specialists do not fall 
                below the minimum required to conduct necessary 
                inspections, thoroughly review mine plans, and conduct 
                accident and special investigations; and
                    (E) identify resources necessary to implement such 
                plan. Such succession plan shall be updated biennially.
            (2) Update of plan.--The Secretary of Labor shall update 
        the succession plan under subsection (a) biennially.

TITLE VII--AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

SEC. 701. COVERAGE OF PUBLIC EMPLOYEES.

    (a) In General.--Section 3(5) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 652(5)) is amended by striking ``but does not 
include'' and all that follows through the period at the end and 
inserting ``including the United States, a State, or a political 
subdivision of a State.''.
    (b) Construction.--Nothing in this Act, or the amendments made by 
this Act, shall be construed to affect the application of section 18 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 667).

SEC. 702. 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 ``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)(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) 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), 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(D) 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, or 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. 703. VICTIMS' RIGHTS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) 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. 704. 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 may file with 
                the Commission a motion to stay a period for the 
                correction of a violation designated as serious, 
                willful, or repeated.
                    ``(B) Criteria.--In determining whether a stay 
                should be issued on the basis of a motion filed under 
                subparagraph (A), the Commission shall consider 
                whether--
                            ``(i) the employer has demonstrated a 
                        substantial likelihood of success on its 
                        contest to the citation;
                            ``(ii) the employer will suffer irreparable 
                        harm absent a stay; and
                            ``(iii) a stay will 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. 705. 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. 706. 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 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 section 705, by 
        striking ``$7,000'' each place it occurs and inserting 
        ``$12,000'';
            (5) by redesignating subsections (e) through (l) as 
        subsections (f) through (m), respectively; and
            (6) in subsection (j) (as redesignated by paragraph (5)), 
        by striking ``$7,000'' and inserting ``$12,000;''.
    (b) Inflation Adjustment.--Section 17 of such Act 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, 2016, to account for the percentage increase or 
decrease in the Consumer Price Index for all urban consumers during 
such period.''.

SEC. 707. CRIMINAL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) (as amended by sections 705 and 706) is 
further amended--
            (1) by amending subsection (f) to read as follows:
    ``(f)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6, or of any regulation prescribed 
under this Act, and that violation caused or 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, any 
officer or director.'';
            (2) in subsection (g), by striking ``fine of not more than 
        $1,000 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 2 years,'';
            (3) in subsection (h), 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 redesignating subsections (j) through (m) as 
        subsections (k) through (n), respectively; and
            (5) by inserting after subsection (i) the following:
    ``(j)(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 causes or contributes 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, 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.--Section 17 of such Act (29 U.S.C. 666) (as amended by this Act) 
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. 708. PENALTIES.

    Section 17(n) of the Occupational Safety and Health Act of 1970 (as 
redesignated by section 707(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. 709. 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.--The following 
are exceptions to the effective date described in subsection (a):
            (1) A State that has a State plan approved under section 18 
        of the Occupational Safety and Health Act of 1970 (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.
            (2) This Act and the amendments made by this Act shall take 
        effect not later than 36 months after the date of the enactment 
        of this Act with respect to a workplace of a State, or a 
        political subdivision of a State, that does not have a State 
        plan approved under such section 18 (29 U.S.C. 667).
                                 <all>