[Congressional Record (Bound Edition), Volume 152 (2006), Part 6]
[Senate]
[Pages 8393-8396]
[From the U.S. Government Publishing Office, www.gpo.gov]




               FEDERAL MINE SAFETY AND HEALTH ACT OF 1977

  The bill (S. 2803), as introduced on Tuesday, May 16, 2006, is as 
follows:

                                S. 2803

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mine Improvement and New 
     Emergency Response Act of 2006'' or the ``MINER Act''.

     SEC. 2. EMERGENCY RESPONSE.

       Section 316 of the Federal Mine Safety and Health Act of 
     1977 (30 U.S.C. 876) is amended--
       (1) in the section heading by adding at the end the 
     following: ``and emergency response plans'';
       (2) by striking ``Telephone'' and inserting ``(a) In 
     General.--Telephone''; and
       (3) by adding at the end the following:
       ``(b) Accident Preparedness and Response.--
       ``(1) In general.--Each underground coal mine operator 
     shall carry out on a continuing basis a program to improve 
     accident preparedness and response at each mine.
       ``(2) Response and preparedness plan.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of the Mine Improvement and New Emergency Response 
     Act of 2006, each underground coal mine operator shall 
     develop and adopt a written accident response plan that 
     complies with this subsection with respect to each mine of 
     the operator, and periodically update such plans to reflect 
     changes in operations in the mine, advances in technology, or 
     other relevant considerations. Each such operator shall make 
     the accident response plan available to the miners and the 
     miners' representatives.
       ``(B) Plan requirements.--An accident response plan under 
     subparagraph (A) shall--
       ``(i) provide for the evacuation of all individuals 
     endangered by an emergency; and
       ``(ii) provide for the maintenance of individuals trapped 
     underground in the event that miners are not able to evacuate 
     the mine.
       ``(C) Plan approval.--The accident response plan under 
     subparagraph (A) shall be subject to review and approval by 
     the Secretary. In determining whether to approve a particular 
     plan the Secretary shall take into consideration all comments 
     submitted by miners or their representatives. Approved plans 
     shall--
       ``(i) afford miners a level of safety protection at least 
     consistent with the existing standards, including standards 
     mandated by law and regulation;
       ``(ii) reflect the most recent credible scientific 
     research;
       ``(iii) be technologically feasible, make use of current 
     commercially available technology, and account for the 
     specific physical characteristics of the mine; and
       ``(iv) reflect the improvements in mine safety gained from 
     experience under this Act and other worker safety and health 
     laws.
       ``(D) Plan review.--The accident response plan under 
     subparagraph (A) shall be reviewed periodically, but at least 
     every 6 months, by the Secretary. In such periodic reviews, 
     the Secretary shall consider all comments submitted by miners 
     and miners' representatives and intervening advancements in 
     science and technology that could be implemented to enhance 
     miners' ability to evacuate or otherwise survive in an 
     emergency.
       ``(E) Plan content-general requirements.--To be approved 
     under subparagraph (C), an accident response plan shall 
     include the following:
       ``(i) Post-accident communications.--The plan shall provide 
     for a redundant means of communication with the surface for 
     persons underground, such as secondary telephone or 
     equivalent two-way communication.
       ``(ii) Post-accident tracking.--Consistent with 
     commercially available technology and with the physical 
     constraints, if any, of the mine, the plan shall provide for 
     above ground personnel to determine the current, or 
     immediately pre-accident, location of all underground 
     personnel. Any system so utilized shall be functional, 
     reliable, and calculated to remain serviceable in a post-
     accident setting.
       ``(iii) Post-accident breathable air.--The plan shall 
     provide for--

       ``(I) emergency supplies of breathable air for individuals 
     trapped underground sufficient to maintain such individuals 
     for a sustained period of time;
       ``(II) caches of self-rescuers providing in the aggregate 
     not less than 2 hours for each miner to be kept in escapeways 
     from the deepest work area to the surface at a distance of no 
     further than an average miner could walk in 30 minutes;
       ``(III) a maintenance schedule for checking the reliability 
     of self rescuers, retiring older self-rescuers first, and 
     introducing new self-rescuer technology, such as units with 
     interchangeable air or oxygen cylinders not requiring doffing 
     to replenish airflow and units with supplies of greater than 
     60 minutes, as they are approved by the Administration and 
     become available on the market; and
       ``(IV) training for each miner in proper procedures for 
     donning self-rescuers, switching from one unit to another, 
     and ensuring a proper fit.

       ``(iv) Post-accident lifelines.--The plan shall provide for 
     the use of flame-resistant directional lifelines or 
     equivalent systems in escapeways to enable evacuation. The 
     flame-resistance requirement of this clause shall apply upon 
     the replacement of existing lifelines, or, in the case of 
     lifelines in working sections, upon the earlier of the 
     replacement of such lifelines or 3 years after the date of 
     enactment of the Mine Improvement and New Emergency Response 
     Act of 2006.
       ``(v) Training.--The plan shall provide a training program 
     for emergency procedures

[[Page 8394]]

     described in the plan which will not diminish the 
     requirements for mandatory health and safety training 
     currently required under section 115.
       ``(vi) Local coordination.--The plan shall set out 
     procedures for coordination and communication between the 
     operator, mine rescue teams, and local emergency response 
     personnel and make provisions for familiarizing local rescue 
     personnel with surface functions that may be required in the 
     course of mine rescue work.
       ``(F) Plan content-specific requirements.--
       ``(i) In general.--In addition to the content requirements 
     contained in subparagraph (E), and subject to the 
     considerations contained in subparagraph (C), the Secretary 
     may make additional plan requirements with respect to any of 
     the content matters.
       ``(ii) Post accident communications.--Not later than 3 
     years after the date of enactment of the Mine Improvement and 
     New Emergency Response Act of 2006, a plan shall, to be 
     approved, provide for post accident communication between 
     underground and surface personnel via a wireless two-way 
     medium, and provide for an electronic tracking system 
     permitting surface personnel to determine the location of any 
     persons trapped underground or set forth within the plan the 
     reasons such provisions can not be adopted. Where such plan 
     sets forth the reasons such provisions can not be adopted, 
     the plan shall also set forth the operator's alternative 
     means of compliance. Such alternative shall approximate, as 
     closely as possible, the degree of functional utility and 
     safety protection provided by the wireless two-way medium and 
     tracking system referred to in this subpart.
       ``(G) Plan dispute resolution.--
       ``(i) In general.--Any dispute between the Secretary and an 
     operator with respect to the content of the operator's plan 
     or any refusal by the Secretary to approve such a plan shall 
     be resolved on an expedited basis.
       ``(ii) Disputes.--In the event of a dispute or refusal 
     described in clause (i), the Secretary shall issue a 
     technical citation which shall be immediately referred to a 
     Department of Labor Administrative Law Judge. The Secretary 
     and the operator shall submit all relevant material regarding 
     the dispute to the Administrative Law Judge within 15 days of 
     the date of the referral. The Administrative Law Judge shall 
     render his or her decision with respect to the plan content 
     dispute within 15 days of the receipt of the submission.
       ``(iii) Further appeals.--A party adversely affected by a 
     decision under clause (ii) may pursue all further available 
     appeal rights with respect to the citation involved, except 
     that inclusion of the disputed provision in the plan will not 
     be limited by such appeal unless such relief is requested by 
     the operator and permitted by the Administrative Law Judge.
       ``(iv) Rule of construction.--Nothing in this subparagraph 
     shall be construed to modify the authority of the Secretary 
     to issue citations or orders as provided for in this Act.
       ``(H) Maintaining protections for miners.--Notwithstanding 
     any other provision of this Act, nothing in this section, and 
     no response and preparedness plan developed under this 
     section, shall be approved if it reduces the protection 
     afforded miners by an existing mandatory health or safety 
     standard.''.

     SEC. 3. INCIDENT COMMAND AND CONTROL.

       Title I of the Federal Mine Safety and Health Act of 1977 
     (30 U.S.C. 811 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RESCUE 
                   OPERATIONS.

       ``(a) In General.--No person shall bring an action against 
     any covered individual or his or her regular employer for 
     property damage or an injury (or death) sustained as a result 
     of carrying out activities relating to mine accident rescue 
     or recovery operations. This subsection shall not apply where 
     the action that is alleged to result in the property damages 
     or injury (or death) was the result of gross negligence, 
     reckless conduct, or illegal conduct or, where the regular 
     employer (as such term is used in this Act) is the operator 
     of the mine at which the rescue activity takes place. Nothing 
     in this section shall be construed to preempt State workers' 
     compensation laws
       ``(b) Covered Individual.--For purposes of subsection (a), 
     the term `covered individual' means an individual--
       ``(1) who is a member of a mine rescue team or who is 
     otherwise a volunteer with respect to a mine accident; and
       ``(2) who is carrying out activities relating to mine 
     accident rescue or recovery operations.
       ``(c) Regular Employer.--For purposes of subsection (a), 
     the term `regular employer' means the entity that is the 
     covered employee's legal or statutory employer pursuant to 
     applicable State law.''.

     SEC. 4. MINE RESCUE TEAMS.

       Section 115(e) of the Federal Mine Safety and Health Act of 
     1977 (30 U.S.C. 825(e)) is amended--
       (1) by inserting ``(1)'' after the subsection designation; 
     and
       (2) by adding at the end the following:
       ``(1)(A) The Secretary shall issue regulations with regard 
     to mine rescue teams which shall be finalized and in effect 
     not later than 18 months after the date of enactment of the 
     Mine Improvement and New Emergency Response Act of 2006.
       ``(B) Such regulations shall provide for the following:
       ``(i) That such regulations shall not be construed to waive 
     operator training requirements applicable to existing mine 
     rescue teams.
       ``(ii) That the Mine Safety and Health Administration shall 
     establish, and update every 5 years thereafter, criteria to 
     certify the qualifications of mine rescue teams.
       ``(iii)(I) That the operator of each underground coal mine 
     with more than 36 employees--
       ``(aa) have an employee knowledgeable in mine emergency 
     response who is employed at the mine on each shift at each 
     underground mine; and
       ``(bb) make available two certified mine rescue teams whose 
     members--
       ``(AA) are familiar with the operations of such coal mine;
       ``(BB) participate at least annually in two local mine 
     rescue contests;
       ``(CC) participate at least annually in mine rescue 
     training at the underground coal mine covered by the mine 
     rescue team; and
       ``(DD) are available at the mine within one hour ground 
     travel time from the mine rescue station.
       ``(II)(aa) For the purpose of complying with subclause (I), 
     an operator shall employ one team that is either an 
     individual mine site mine rescue team or a composite team as 
     provided for in item (bb).
       ``(bb) The following options may be used by an operator to 
     comply with the requirements of item (aa):
       ``(AA) An individual mine-site mine rescue team.
       ``(BB) A multi-employer composite team that is made up of 
     team members who are knowledgeable about the operations and 
     ventilation of the covered mines and who train on a semi-
     annual basis at the covered underground coal mine--
       ``(aaa) which provides coverage for multiple operators that 
     have team members which include at least two active employees 
     from each of the covered mines;
       ``(bbb) which provides coverage for multiple mines owned by 
     the same operator which members include at least two active 
     employees from each mine; or
       ``(ccc) which is a State-sponsored mine rescue team 
     comprised of at least two active employees from each of the 
     covered mines.
       ``(CC) A commercial mine rescue team provided by contract 
     through a third-party vendor or mine rescue team provided by 
     another coal company, if such team--
       ``(aaa) trains on a quarterly basis at covered underground 
     coal mines;
       ``(bbb) is knowledgeable about the operations and 
     ventilation of the covered mines; and
       ``(ccc) is comprised of individuals with a minimum of 3 
     years underground coal mine experience that shall have 
     occurred within the 10-year period preceding their employment 
     on the contract mine rescue team.
       ``(DD) A State-sponsored team made up of State employees.
       ``(iv) That the operator of each underground coal mine with 
     36 or less employees shall--
       ``(I) have an employee on each shift who is knowledgeable 
     in mine emergency responses; and
       ``(II) make available two certified mine rescue teams whose 
     members--
       ``(aa) are familiar with the operations of such coal mine;
       ``(bb) participate at least annually in two local mine 
     rescue contests;
       ``(cc) participate at least semi-annually in mine rescue 
     training at the underground coal mine covered by the mine 
     rescue team;
       ``(dd) are available at the mine within one hour ground 
     travel time from the mine rescue station;
       ``(ee) are knowledgeable about the operations and 
     ventilation of the covered mines; and
       ``(ff) are comprised of individuals with a minimum of 3 
     years underground coal mine experience that shall have 
     occurred within the 10-year period preceding their employment 
     on the contract mine rescue team.''.

     SEC. 5. PROMPT INCIDENT NOTIFICATION.

       (a) In General.--Section 103(j) of the Federal Mine Safety 
     and Health Act of 1977 (30 U.S.C. 813(j)) is amended by 
     inserting after the first sentence the following: ``For 
     purposes of the preceding sentence, the notification required 
     shall be provided by the operator within 15 minutes of the 
     time at which the operator realizes that the death of an 
     individual at the mine, or an injury or entrapment of an 
     individual at the mine which has a reasonable potential to 
     cause death, has occurred.''.
       (b) Penalty.--Section 110(a) of the Federal Mine Safety and 
     Health Act of 1977 (30 U.S.C. 820(a)) is amended--
       (1) by striking ``The operator'' and inserting ``(1) The 
     operator''; and
       (2) by adding at the end the following:
       ``(2) The operator of a coal or other mine who fails to 
     provide timely notification to the Secretary as required 
     under section 103(j) (relating to the 15 minute requirement) 
     shall be assessed a civil penalty by the Secretary of not 
     less than $5,000 and not more than $60,000.''.

[[Page 8395]]



     SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND 
                   HEALTH.

       (a) Grants.--Section 22 of the Occupational Safety and 
     Health Act of 1970 (29 U.S.C. 671) is amended by adding at 
     the end the following:
       ``(h) Office of Mine Safety and Health.--
       ``(1) In general.--There shall be permanently established 
     within the Institute an Office of Mine Safety and Health 
     which shall be administered by an Associate Director to be 
     appointed by the Director.
       ``(2) Purpose.--The purpose of the Office is to enhance the 
     development of new mine safety technology and technological 
     applications and to expedite the commercial availability and 
     implementation of such technology in mining environments.
       ``(3) Functions.--In addition to all purposes and 
     authorities provided for under this section, the Office of 
     Mine Safety and Health shall be responsible for research, 
     development, and testing of new technologies and equipment 
     designed to enhance mine safety and health. To carry out such 
     functions the Director of the Institute, acting through the 
     Office, shall have the authority to--
       ``(A) award competitive grants to institutions and private 
     entities to encourage the development and manufacture of mine 
     safety equipment;
       ``(B) award contracts to educational institutions or 
     private laboratories for the performance of product testing 
     or related work with respect to new mine technology and 
     equipment; and
       ``(C) establish an interagency working group as provided 
     for in paragraph (5).
       ``(4) Grant authority.--To be eligible to receive a grant 
     under the authority provided for under paragraph (3)(A), an 
     entity or institution shall--
       ``(A) submit to the Director of the Institute an 
     application at such time, in such manner, and containing such 
     information as the Director may require; and
       ``(B) include in the application under subparagraph (A), a 
     description of the mine safety equipment to be developed and 
     manufactured under the grant and a description of the reasons 
     that such equipment would otherwise not be developed or 
     manufactured, including reasons relating to the limited 
     potential commercial market for such equipment.
       ``(5) Interagency working group.--
       ``(A) Establishment.--The Director of the Institute, in 
     carrying out paragraph (3)(D) shall establish an interagency 
     working group to share technology and technological research 
     and developments that could be utilized to enhance mine 
     safety and accident response.
       ``(B) Membership.--The working group under subparagraph (A) 
     shall be chaired by the Associate Director of the Office who 
     shall appoint the members of the working group, which may 
     include representatives of other Federal agencies or 
     departments as determined appropriate by the Associate 
     Director.
       ``(C) Duties.--The working group under subparagraph (A) 
     shall conduct an evaluation of research conducted by, and the 
     technological developments of, agencies and departments who 
     are represented on the working group that may have 
     applicability to mine safety and accident response and make 
     recommendations to the Director for the further development 
     and eventual implementation of such technology.
       ``(6) Annual report.--Not later than 1 year after the 
     establishment of the Office under this subsection, and 
     annually thereafter, the Director of the Institute shall 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a report that, with 
     respect to the year involved, described the new mine safety 
     technologies and equipment that have been studied, tested, 
     and certified for use, and with respect to those instances of 
     technologies and equipment that have been considered but not 
     yet certified for use, there reasons therefore.
       ``(7) Authorization of appropriations.--There is authorized 
     to be appropriated, such sums as may be necessary to enable 
     the Institute and the Office of Mine Safety and Health to 
     carry out this subsection.''.

     SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS.

       The Secretary of Labor shall establish a policy that--
       (1) requires the temporary assignment of an individual 
     Department of Labor official to be a liaison between the 
     Department and the families of victims of mine tragedies 
     involving multiple deaths;
       (2) requires the Mine Safety and Health Administration to 
     be as responsive as possible to requests from the families of 
     mine accident victims for information relating to mine 
     accidents; and
       (3) requires that in such accidents, that the Mine Safety 
     and Health Administration shall serve as the primary 
     communicator with the operator, miners' families, the press 
     and the public.

     SEC. 8. PENALTIES.

       (a) In General.--Section 110 of the Federal Mine Safety and 
     Health Act of 1977 (30 U.S.C. 820) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' after the subsection designation; 
     and
       (B) by adding at the end the following:
       ``(2) Any operator who willfully violates a mandatory 
     health or safety standard, or knowingly violates or fails or 
     refuses to comply with any order issued under section 104 and 
     section 107, or any order incorporated in a final decision 
     issued under this title, except an order incorporated in a 
     decision under paragraph (1) or section 105(c), shall, upon 
     conviction, be punished by a fine of not more than $250,000, 
     or by imprisonment for not more than one year, or by both, 
     except that if the conviction is for a violation committed 
     after the first conviction of such operator under this Act, 
     punishment shall be by a fine of not more than $500,000, or 
     by imprisonment for not more than five years, or both.
       ``(3)(A) The minimum penalty for any citation issued under 
     section 104(d)(1) shall be $2,000.
       ``(B) The minimum penalty for a failure or refusal to 
     comply with any order issued under section 104(d)(2) shall be 
     $4,000.
       ``(4) Nothing in this subsection shall be construed to 
     prevent an operator from obtaining a review, in accordance 
     with section 106, of an order imposing a penalty described in 
     this subsection. If a court, in making such review, sustains 
     the order, the court shall apply the minimum penalties 
     required under this subsection.''; and
       (2) by adding at the end of subsection (b) the following: 
     ``Violations under this section that are deemed to be 
     flagrant may be assessed a civil penalty of not more than 
     $220,000. For purposes of the preceding sentence, the term 
     `flagrant' with respect to a violation means a reckless or 
     repeated failure to make reasonable efforts to eliminate a 
     known violation of a mandatory health or safety standard that 
     substantially and proximately caused, or reasonably could 
     have been expected to cause, death or serious bodily 
     injury.''.
       (b) Regulations.--Not later than December 31, 2006, the 
     Secretary of Labor shall promulgate final regulations with 
     respect to the penalties provided for under the amendments 
     made by this section.

     SEC. 9. FINE COLLECTIONS.

       Section 108(a)(1)(A) of the Federal Mine Safety and Health 
     Act of 1977 (30 U.S.C. 818(a)(1)(A)) is amended by inserting 
     before the comma, the following: ``, or fails or refuses to 
     comply with any order or decision, including a civil penalty 
     assessment order, that is issued under this Act''.

     SEC. 10. SEALING OF ABANDONED AREAS.

       Not later than 18 months after the issuance by the Mine 
     Safety and Health Administration of a final report on the 
     Sago Mine accident or the date of enactment of the Mine 
     Improvement and New Emergency Response Act of 2006, whichever 
     occurs earlier, the Secretary of Labor shall finalize 
     mandatory heath and safety standards relating to the sealing 
     of abandoned areas in underground coal mines. Such health and 
     safety standards shall provide for an increase in the 20 psi 
     standard currently set forth in section 75.335(a)(2) of title 
     30, Code of Federal Regulations.

     SEC. 11. TECHNICAL STUDY PANEL.

       Title V of the Federal Mine Safety and Health Act of 1977 
     (30 U.S.C. 951 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 514. TECHNICAL STUDY PANEL.

       ``(a) Establishment.--There is established a Technical 
     Study Panel (referred to in this section as the `Panel') 
     which shall provide independent scientific and engineering 
     review and recommendations with respect to the utilization of 
     belt air and the composition and fire retardant properties of 
     belt materials in underground coal mining.
       ``(b) Membership.--The Panel shall be composed of--
       ``(1) two individuals to be appointed by the Secretary of 
     Health and Human Services, in consultation with the Director 
     of the National Institute for Occupational Safety and Health 
     and the Associate Director of the Office of Mine Safety;
       ``(2) two individuals to be appointed by the Secretary of 
     Labor, in consultation with the Assistant Secretary for Mine 
     Safety and Health; and
       ``(3) two individuals, one to be appointed jointly by the 
     majority leaders of the Senate and House of Representatives 
     and one to be appointed jointly by the minority leader of the 
     Senate and House of Representatives, each to be appointed 
     prior to the sine die adjournment of the second session of 
     the 109th Congress.
       ``(c) Qualifications.--Four of the six individuals 
     appointed to the Panel under subsection (b) shall possess a 
     masters or doctoral level degree in mining engineering or 
     another scientific field demonstrably related to the subject 
     of the report. No individual appointed to the Panel shall be 
     an employee of any coal or other mine, or of any labor 
     organization, or of any State or Federal agency primarily 
     responsible for regulating the mining industry.
       ``(d) Report.--
       ``(1) In general.--Not later than 1 year after the date on 
     which all members of the Panel are appointed under subsection 
     (b), the Panel shall prepare and submit to the Secretary of 
     Labor, the Secretary of Health and Human Services, the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, and the Committee on Education and

[[Page 8396]]

     the Workforce of the House of Representatives a report 
     concerning the utilization of belt air and the composition 
     and fire retardant properties of belt materials in 
     underground coal mining.
       ``(2) Response by secretary.--Not later than 180 days after 
     the receipt of the report under paragraph (1), the Secretary 
     of Labor shall provide a response to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives containing a description of the actions, if 
     any, that the Secretary intends to take based upon the 
     report, including proposing regulatory changes, and the 
     reasons for such actions.
       ``(e) Compensation.--Members appointed to the panel, while 
     carrying out the duties of the Panel shall be entitled to 
     receive compensation, per diem in lieu of subsistence, and 
     travel expenses in the same manner and under the same 
     conditions as that prescribed under section 208(c) of the 
     Public Health Service Act.''.

     SEC. 12. SCHOLARSHIPS.

       Title V of the Federal Mine Safety and Health Act of 1977 
     (30 U.S.C. 951 et seq.), as amended by section 12, is further 
     amended by adding at the end the following:

     ``SEC. 515. SCHOLARSHIPS.

       ``(a) Establishment.--The Secretary of Education (referred 
     to in this section as the `Secretary'), in consultation with 
     the Secretary of Labor and the Secretary of Health and Human 
     Services, shall establish a program to provide scholarships 
     to eligible individuals to increase the skilled workforce for 
     both private sector coal mine operators and mine safety 
     inspectors and other regulatory personnel for the Mine Safety 
     and Health Administration.
       ``(b) Fundamental Skills Scholarships.--
       ``(1) In general.--Under the program under subsection (a), 
     the Secretary may award scholarship to fully or partially pay 
     the tuition costs of eligible individuals enrolled in 2-year 
     associate's degree programs at community colleges or other 
     colleges and universities that focus on providing the 
     fundamental skills and training that is of immediate use to a 
     beginning coal miner.
       ``(2) Skills.--The skills described in paragraph (1) shall 
     include basic math, basic health and safety, business 
     principles, management and supervisory skills, skills related 
     to electric circuitry, skills related to heavy equipment 
     operations, and skills related to communications.
       ``(3) Eligibility.--To be eligible to receive a scholarship 
     under this subsection an individual shall--
       ``(A) have a high school diploma or a GED;
       ``(B) have at least 2 years experience in full-time 
     employment in mining or mining-related activities;
       ``(C) submit to the Secretary an application at such time, 
     in such manner, and containing such information; and
       ``(D) demonstrate an interest in working in the field of 
     mining and performing an internship with the Mine Safety and 
     Health Administration or the National Institute for 
     Occupational Safety and Health Office of Mine Safety.
       ``(c) Mine Safety Inspector Scholarships.--
       ``(1) In general.--Under the program under subsection (a), 
     the Secretary may award scholarship to fully or partially pay 
     the tuition costs of eligible individuals enrolled in 
     undergraduate bachelor's degree programs at accredited 
     colleges or universities that provide the skills needed to 
     become mine safety inspectors.
       ``(2) Skills.--The skills described in paragraph (1) 
     include skills developed through programs leading to a degree 
     in mining engineering, civil engineering, mechanical 
     engineering, electrical engineering, industrial engineering, 
     environmental engineering, industrial hygiene, occupational 
     health and safety, geology, chemistry, or other fields of 
     study related to mine safety and health work.
       ``(3) Eligibility.--To be eligible to receive a scholarship 
     under this subsection an individual shall--
       ``(A) have a high school diploma or a GED;
       ``(B) have at least 5 years experience in full-time 
     employment in mining or mining-related activities;
       ``(C) submit to the Secretary an application at such time, 
     in such manner, and containing such information; and
       ``(D) agree to be employed for a period of at least 5 years 
     at the Mine Safety and Health Administration or, to repay, on 
     a pro-rated basis, the funds received under this program, 
     plus interest, at a rate established by the Secretary upon 
     the issuance of the scholarship.
       ``(d) Advanced Research Scholarships.--
       ``(1) In general.--Under the program under subsection (a), 
     the Secretary may award scholarships to fully or partially 
     pay the tuition costs of eligible individuals enrolled in 
     undergraduate bachelor's degree, masters degree, and Ph.D. 
     degree programs at accredited colleges or universities that 
     provide the skills needed to augment and advance research in 
     mine safety and to broaden, improve, and expand the universe 
     of candidates for mine safety inspector and other regulatory 
     positions in the Mine Safety and Health Administration.
       ``(2) Skills.--The skills described in paragraph (1) 
     include skills developed through programs leading to a degree 
     is mining engineering, civil engineering, mechanical 
     engineering, electrical engineering, industrial engineering, 
     environmental engineering, industrial hygiene, occupational 
     health and safety, geology, chemistry, or other fields of 
     study related to mine safety and health work.
       ``(3) Eligibility.--To be eligible to receive a scholarship 
     under this subsection an individual shall--
       ``(A) have a bachelor's degree or equivalent from an 
     accredited 4-year institution;
       ``(B) have at least 5 years experience in full-time 
     employment in underground mining or mining-related 
     activities; and
       ``(C) submit to the Secretary an application at such time, 
     in such manner, and containing such information.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.''.

     SEC. 13. RESEARCH CONCERNING REFUGE ALTERNATIVES.

       (a) In General.--The National Institute of Occupational 
     Safety and Health shall provide for the conduct of research, 
     including field tests, concerning the utility, practicality, 
     survivability, and cost of various refuge alternatives in an 
     underground coal mine environment, including commercially-
     available portable refuge chambers.
       (b) Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the National Institute for 
     Occupational Safety and Health shall prepare and submit to 
     the Secretary of Labor, the Secretary of Health and Human 
     Services, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, and the Committee on Education and 
     the Workforce of the House of Representatives a report 
     concerning the results of the research conducted under 
     subsection (a), including any field tests.
       (2) Response by secretary.--Not later than 180 days after 
     the receipt of the report under paragraph (1), the Secretary 
     of Labor shall provide a response to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives containing a description of the actions, if 
     any, that the Secretary intends to take based upon the 
     report, including proposing regulatory changes, and the 
     reasons for such actions.

     SEC. 14. SAGO MINE SAFETY GRANTS.

       (a) In General.--The Secretary of Labor shall establish a 
     program to award competitive grants for education and 
     training to carry out the purposes of this section.
       (b) Purposes.--It is the purpose of this section, to 
     provide for the funding of education and training programs to 
     better identify, avoid, and prevent unsafe working conditions 
     in and around mines.
       (c) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       (1) be a public or private nonprofit entity; and
       (2) submit to the Secretary of Labor an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       (d) Use of Funds.--Amounts received under a grant under 
     this section shall be used to establish and implement 
     education and training programs, or to develop training 
     materials for employers and miners, concerning safety and 
     health topics in mines, as determined appropriate by the Mine 
     Safety and Health Administration.
       (e) Awarding of Grants.--
       (1) Annual basis.--Grants under this section shall be 
     awarded on an annual basis.
       (2) Special emphasis.--In awarding grants under this 
     section, the Secretary of Labor shall give special emphasis 
     to programs and materials that target workers in smaller 
     mines, including training miners and employers about new Mine 
     Safety and Health Administration standards, high risk 
     activities, or hazards identified by such Administration.
       (3) Priority.--In awarding grants under this section, the 
     Secretary of Labor shall give priority to the funding of 
     pilot and demonstration projects that the Secretary 
     determines will provide opportunities for broad applicability 
     for mine safety.
       (f) Evaluation.--The Secretary of Labor shall use not less 
     than 1 percent of the funds made available to carry out this 
     section in a fiscal year to conduct evaluations of the 
     projects funded under grants under this section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal year, such sums as may be 
     necessary to carry out this section.

                          ____________________