[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[House]
[Pages 19229-19242]
[From the U.S. Government Publishing Office, www.gpo.gov]




           ROBERT C. BYRD MINE SAFETY PROTECTION ACT OF 2010

  Mr. GEORGE MILLER of California. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 6495) to improve compliance with mine 
safety and health laws, empower miners to raise safety concerns, 
prevent future mine tragedies, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6495

       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 Safety Protection Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

       TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY

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

                TITLE II--ENHANCED ENFORCEMENT AUTHORITY

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

                          TITLE III--PENALTIES

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

                TITLE IV--WORKER RIGHTS AND PROTECTIONS

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

            TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS

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

              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

Sec. 601. Definitions.
Sec. 602. Assistance to States.
Sec. 603. Black lung medical reports.
Sec. 604. Rules of application to certain mines.
Sec. 605. Paygo compliance.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment is expressed as an amendment to a section or 
     other provision, the reference shall be considered to be made 
     to a section or other provision of the Federal Mine Safety 
     and Health Act of 1977 (30 U.S.C. 801 et seq.).

       TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY

     SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS.

       (a) In General.--Section 103(b) (30 U.S.C. 813(b)) is 
     amended by striking ``(b) For the purpose'' and inserting the 
     following:
       ``(b) Accident Investigations.--
       ``(1) In general.--For all accident investigations under 
     this Act, the Secretary shall--
       ``(A) determine why the accident occurred;
       ``(B) determine whether there were violations of law, 
     mandatory health and safety standards, or other requirements, 
     and if there is evidence of conduct that may constitute a 
     violation of Federal criminal law, the Secretary may refer 
     such evidence to the Attorney General; and
       ``(C) make recommendations to avoid any recurrence.
       ``(2) Independent accident investigations.--
       ``(A) In general.--There shall be, in addition to an 
     accident investigation under paragraph (1), an independent 
     investigation by an independent investigation panel (referred 
     to in this subsection as the `Panel') appointed under 
     subparagraph (B) for--
       ``(i) any accident involving 3 or more deaths; or
       ``(ii) any accident that is of such severity or scale for 
     potential or actual harm that, in the opinion of the 
     Secretary of Health and Human Services, the accident merits 
     an independent investigation.
       ``(B) Appointment.--
       ``(i) In general.--As soon as practicable after an accident 
     described in subparagraph (A), the Secretary of Health and 
     Human Services shall appoint 5 members for the Panel required 
     under this paragraph from among individuals who have 
     expertise in accident investigations, mine engineering, or 
     mine safety and health that is relevant to the particular 
     investigation.
       ``(ii) Chairperson.--The Panel shall include, and be 
     chaired by, a representative from the Office of Mine Safety 
     and Health Research, of the National Institute for 
     Occupational Safety and Health (referred to in this 
     subsection as NIOSH).
       ``(iii) Conflicts of interest.--Panel members, and staff 
     and consultants assisting the Panel with an investigation, 
     shall be free from conflicts of interest with regard to the 
     investigation, and be subject to the same standards of 
     ethical conduct for persons employed by the Secretary.
       ``(iv) Composition.--The Secretary of Health and Human 
     Services shall appoint as members of the Panel--

       ``(I) 1 operator of a mine or individual representing mine 
     operators, and
       ``(II) 1 representative of a labor organization that 
     represents miners,

     and may not appoint more than 1 of either such individuals as 
     members of the Panel.
       ``(v) Staff and expenses.--The Director of NIOSH shall 
     designate NIOSH staff to facilitate the work of the Panel. 
     The Director may accept as staff personnel on detail from 
     other Federal agencies or re-employ annuitants. The detail of 
     personnel under this paragraph may be on a non-reimbursable 
     basis, and such detail shall be without interruption or loss 
     of civil service status or privilege. The Director of NIOSH 
     shall have the authority to procure on behalf of the Panel 
     such materials, supplies or services, including technical 
     experts, as requested in writing by a majority of the Panel.
       ``(vi) Compensation and travel.--All members of the Panel 
     who are officers or employees of the United States shall 
     serve without compensation in addition to that received for 
     their services as officers or employees of the United States. 
     Each Panel member who is not an officer or employee of the 
     United States shall be compensated at a rate equal to the 
     daily equivalent of the annual rate of basic pay prescribed 
     for level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day (including travel 
     time) during which such member is engaged in the performance 
     of duties of the Panel. The members of the Panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter 1 of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Panel.
       ``(C) Duties.--The Panel shall--
       ``(i) assess and identify any factors that caused the 
     accident, including deficiencies in safety management 
     systems, regulations, enforcement, industry practices or 
     guidelines, or organizational failures;
       ``(ii) identify and evaluate any contributing actions or 
     inactions of--

       ``(I) the operator;

[[Page 19230]]

       ``(II) any contractors or other persons engaged in mining-
     related functions at the site;
       ``(III) any State agency with oversight responsibilities;
       ``(IV) any agency or office within the Department of Labor; 
     or
       ``(V) any other person or entity (including equipment 
     manufacturers);

       ``(iii) review the determinations and recommendations by 
     the Secretary under paragraph (1);
       ``(iv) prepare a report that--

       ``(I) includes the findings regarding the causal factors 
     described in clauses (i) and (ii);
       ``(II) identifies any strengths and weaknesses in the 
     Secretary's investigation; and
       ``(III) includes recommendations, including interim 
     recommendations where appropriate, to industry, labor 
     organizations, State and Federal agencies, or Congress, 
     regarding policy, regulatory, enforcement, administrative, or 
     other changes, which in the judgment of the Panel, would 
     prevent a recurrence at other mines; and

       ``(v) publish such findings and recommendations (excluding 
     any portions which the Attorney General requests that the 
     Secretary withhold in relation to a criminal referral) and 
     hold public meetings to inform the mining community and 
     families of affected miners of the Panel's findings and 
     recommendations.
       ``(D) Hearings; applicability of certain federal law.--The 
     Panel shall have the authority to conduct public hearings or 
     meetings, but shall not be subject to the Federal Advisory 
     Committee Act. All public hearings of the Panel shall be 
     subject to the requirements under section 552b of title 5, 
     United States Code.
       ``(E) Memorandum of understanding.--Not later than 90 days 
     after the date of enactment of the Robert C. Byrd Mine Safety 
     Protection Act of 2010, the Secretary of Labor and the 
     Secretary of Health and Human Services shall conclude and 
     publically issue a memorandum of understanding that--
       ``(i) outlines administrative arrangements which will 
     facilitate a coordination of efforts between the Secretary of 
     Labor and the Panel, ensures that the Secretary's 
     investigation under paragraph (1) is not delayed or otherwise 
     compromised by the activities of the Panel, and establishes a 
     process to resolve any conflicts between such investigations;
       ``(ii) ensures that Panel members or staff will be able to 
     participate in investigation activities (such as mine 
     inspections and interviews) related to the Secretary of 
     Labor's investigation and will have full access to documents 
     that are assembled or produced in such investigation, and 
     ensures that the Secretary of Labor will make all of the 
     authority available to such Secretary under this section, 
     including subpoena authority, to obtain information and 
     witnesses which may be requested by such Panel; and
       ``(iii) establishes such other arrangements as are 
     necessary to implement this paragraph.
       ``(F) Procedures.--Not later than 90 days after the date of 
     enactment of the Robert C. Byrd Mine Safety Protection Act of 
     2010, the Secretary of Health and Human Services shall 
     establish procedures to ensure the consistency and 
     effectiveness of Panel investigations. In establishing such 
     procedures, such Secretary shall consult with independent 
     safety investigation agencies, sectors of the mining 
     industry, representatives of miners, families of miners 
     involved in fatal accidents, State mine safety agencies, and 
     mine rescue organizations. Such procedures shall include--
       ``(i) authority for the Panel to use evidence, samples, 
     interviews, data, analyses, findings, or other information 
     gathered by the Secretary of Labor, as the Panel determines 
     valid;
       ``(ii) provisions to ensure confidentiality if requested by 
     any witness, to the extent permitted by law, and prevent 
     conflicts of interest in witness representation; and
       ``(iii) provisions for preservation of public access to the 
     Panel's records through the Secretary of Health and Human 
     Services.
       ``(G) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection such sums as 
     may be necessary.
       ``(3) Powers and processes.--For the purpose''.
       (b) Reporting Requirements.--Section 511(a) (30 U.S.C. 
     958(a)) is amended by inserting after ``501,'' the following: 
     ``the status of implementation of recommendations from each 
     independent investigation panel under section 103(b) received 
     in the preceding 5 years''.

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

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

     SEC. 103. DESIGNATION OF MINER REPRESENTATIVE.

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

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

       (a) Hours of Inspections.--Section 103(a) (30 U.S.C. 
     813(a)) is amended by inserting after the third sentence the 
     following: ``Such inspections shall be conducted during the 
     various shifts and days of the week during which miners are 
     normally present in the mine to ensure that the protections 
     of this Act are afforded to all miners working all shifts.''.
       (b) Review of Mine Pattern Status.--Section 103(a) is 
     further amended by inserting before the last sentence the 
     following: ``The Secretary shall, upon request by an 
     operator, review with the appropriate mine officials the 
     Secretary's most recent evaluation for pattern status (as 
     provided in section 104(e)) for that mine during the course 
     of a mine's regular quarterly inspection of an underground 
     mine or a biannual inspection of a surface mine, or, at the 
     discretion of the Secretary, during the pre-inspection 
     conference.''.
       (c) Injury and Illness Reporting.--Section 103(d) (30 
     U.S.C. 813(d)) is amended by striking the last sentence and 
     inserting the following: ``The records to be kept and made 
     available by the operator of the mine shall include man-hours 
     worked and occupational injuries and illnesses with respect 
     to the miners in their employ or under their direction or 
     authority, and shall be maintained separately for each mine 
     and be reported at a frequency determined by the Secretary, 
     but at least annually. Independent contractors (within the 
     meaning of section 3(d)) shall be responsible for reporting 
     accidents, occupational injuries and illnesses, and man-hours 
     worked for each mine with respect to the miners in their 
     employ or under their direction or authority, and shall be 
     reported at a frequency determined by the Secretary, but at 
     least annually. Reports or records of operators and 
     contractors required and submitted to the Secretary under 
     this subsection shall be signed and certified as accurate and 
     complete by a knowledgeable and responsible person possessing 
     a certification, registration, qualification, or other 
     approval, as provided for under section 118. Knowingly 
     falsifying such records or reports shall be grounds for 
     revoking such certification, registration, qualification, or 
     other approval under the standards established under 
     subsection (b)(1) of such section.''.
       (d) Orders Following an Accident.--Section 103(k) (30 
     U.S.C. 813(k)) is amended by striking ``, when present,''.
       (e) Conflict of Interest in the Representation of Miners.--
     Section 103(a) (30 U.S.C. 813(a)) is amended by adding at the 
     end the following: ``During inspections and investigations 
     under this section, and during any litigation under this Act, 
     no attorney shall represent or purport to represent both the 
     operator of a coal or other mine and any other individual, 
     unless such individual has knowingly and voluntarily waived 
     all actual and reasonably foreseeable conflicts of interest 
     resulting from such representation. The Secretary is 
     authorized to take such actions as the Secretary considers 
     appropriate to ascertain whether such individual has 
     knowingly and voluntarily waived all such conflicts of 
     interest. If the Secretary finds that

[[Page 19231]]

     such an individual cannot be represented adequately by such 
     an attorney due to such conflicts of interest, the Secretary 
     may petition the appropriate United States District Court 
     which shall have jurisdiction to disqualify such attorney as 
     counsel to such individual in the matter. The Secretary may 
     make such a motion as part of an ongoing related civil action 
     or as a miscellaneous action.''.

                TITLE II--ENHANCED ENFORCEMENT AUTHORITY

     SEC. 201. TECHNICAL AMENDMENT.

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

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

       Section 104(e) (30 U.S.C. 814(e)) is amended to read as 
     follows:
       ``(e) Pattern of Recurring Noncompliance or Accidents.--
       ``(1) Pattern status.--
       ``(A) In general.--For purposes of this subsection, a coal 
     or other mine shall be placed in pattern status if such mine 
     has, as determined based on the regulations promulgated under 
     paragraph (8)--
       ``(i) a pattern of--

       ``(I) citations for significant and substantial violations;
       ``(II) citations and withdrawal orders issued for 
     unwarrantable failure to comply with mandatory health and 
     safety standards under section 104(d);
       ``(III) citations for flagrant violations within the 
     meaning of section 110(b);
       ``(IV) withdrawal orders issued under any other section of 
     this Act (other than orders issued under subsections (j) or 
     (k) of section 103); and
       ``(V) accidents and injuries; or

       ``(ii) a pattern consisting of any combination of 
     citations, orders, accidents, or injuries described in 
     subclauses (I) through (V).
       ``(B) Mitigating circumstances.--Notwithstanding 
     subparagraph (A), if the Secretary, after conducting an 
     assessment of a coal or other mine that otherwise qualifies 
     for pattern status, certifies that there are mitigating 
     circumstances wherein the operator has already implemented 
     remedial measures that have reduced risks to the health and 
     safety of miners to the point that such risks are no longer 
     elevated and has taken sufficient measures to ensure such 
     elevated risk will not recur, the Secretary may deem such 
     mine to not be in pattern status under this subsection. The 
     Secretary shall issue any such certification of such 
     mitigating circumstances that would preclude the placement of 
     a mine in pattern status as a written finding, which shall, 
     not later than 10 days after the certification is made, be--
       ``(i) made available on the public Web site of the Mine 
     Safety and Health Administration; and
       ``(ii) transmitted to the Committee on Education and Labor 
     of the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate.
       ``(C) Frequency.--Not less frequently than every 6 months, 
     the Secretary shall identify any mines which meet the 
     criteria set forth in paragraph (8).
       ``(2) Actions following placement of mine in pattern 
     status.--For any coal or other mine that is in pattern 
     status, the Secretary shall--
       ``(A) notify the operator of such mine that the mine is 
     being placed in pattern status;
       ``(B) issue an order requiring such operator to cause all 
     persons to be withdrawn from such mine, except those persons 
     referred to in subsection (c) or authorized by an order of 
     the Secretary issued under this subsection;
       ``(C) issue a remediation order described in paragraph (3) 
     to such operator within 3 days; and
       ``(D) require that the number of regular inspections of 
     such mine required under section 103 be increased to 8 per 
     year while the mine is in pattern status.

     Notice advising operators that they face potential placement 
     in pattern status shall not be a requirement for issuing a 
     withdrawal order to operators under this subsection.
       ``(3) Remediation order.--
       ``(A) In general.--A remediation order issued to an 
     operator under paragraph (2)(C) may require the operator to 
     carry out one or more of the following requirements, pursuant 
     to a timetable for commencing and completing such actions or 
     as a condition of miners reentering the mine:
       ``(i) Provide specified training, including training not 
     otherwise required under this Act.
       ``(ii) Institute and implement an effective health and 
     safety management program approved by the Secretary, 
     including--

       ``(I) the employment of safety professionals, certified 
     persons, and adequate numbers of personnel for the mine, as 
     may be required by the Secretary;
       ``(II) specific inspection, recordkeeping, reporting and 
     other requirements for the mine as the Secretary may 
     establish; and
       ``(III) other requirements to ensure compliance and to 
     protect the health and safety of miners or prevent accidents 
     or injuries as the Secretary may determine are necessary.

       ``(iii) Facilitate any effort by the Secretary to 
     communicate directly with miners employed at the mine outside 
     the presence of the mine operators or its agents, for the 
     purpose of obtaining information about mine conditions, 
     health and safety practices, or advising miners of their 
     rights under this Act.
       ``(B) Modification of and failure to comply with 
     remediation order.--The Secretary may modify the remediation 
     order, as necessary, to protect the health and safety of 
     miners. If the mine operator fails to fully comply with the 
     remediation order during the time a mine is in pattern 
     status, the Secretary shall reinstate the withdrawal order 
     under paragraph (2)(B).
       ``(C) Extension of deadlines.--An extension of a deadline 
     under the remediation order may be granted on a temporary 
     basis and only upon a showing that the operator took all 
     feasible measures to comply with the order and only to the 
     extent that the operator's failure to comply is beyond the 
     control of the operator.
       ``(4) Conditions for lifting a withdrawal order.--A 
     withdrawal order issued under paragraph (2)(B) shall not be 
     lifted until the Secretary verifies that--
       ``(A) any and all violations or other conditions in the 
     mine identified in the remediation order have been or are 
     being fully abated or corrected as outlined in the 
     remediation order; and
       ``(B) the operator has completed any other actions under 
     the remediation order that are required for reopening the 
     mine.
       ``(5) Performance evaluation.--
       ``(A) Performance benchmarks.--The Secretary shall evaluate 
     the performance of each mine in pattern status every 90 days 
     during which the mine is producing and determine if, for such 
     90-day period--
       ``(i) the rate of citations at such mine for significant 
     and substantial violations--

       ``(I) is in the top performing 35th percentile of such 
     rates, respectively, for all mines of similar size and type; 
     or
       ``(II) has been reduced by 70 percent from the date on 
     which such mine was placed in pattern status, provided that 
     the rate of such violations is not greater than the mean for 
     all mines of similar size and type;

       ``(ii) the accident and injury rates at such mine are in 
     the top performing 35th percentile of such rates, 
     respectively, for all mines of similar size and type; and
       ``(iii) no citations or withdrawal orders for a violation 
     under section 104(d), no withdrawal orders for imminent 
     danger under section 107 (issued in connection with a 
     citation), and no flagrant violations within the meaning of 
     section 110(b), were issued for such mine.
       ``(B) Reissuance of withdrawal orders.--If an operator 
     being evaluated fails to achieve the performance benchmarks 
     described in subparagraph (A), the Secretary may reissue a 
     withdrawal order under paragraph (2)(B) to remedy any 
     recurring conditions that led to pattern status under this 
     subsection, and may modify the remediation order, as 
     necessary, to protect the health and safety of miners.
       ``(6) Termination of pattern status.--
       ``(A) Performance benchmarks.--The Secretary shall remove a 
     coal or other mine from pattern status if, for a 1-year 
     period during which the mine is producing--
       ``(i) the rate of citations at such mine for significant 
     and substantial violations--

       ``(I) is in the top performing 25th percentile of such 
     rates, respectively, for all mines of similar size and type; 
     or
       ``(II) has been reduced by 80 percent from the date on 
     which such mine was placed in pattern status, provided that 
     the rate of such violations is not greater than the mean for 
     all mines of similar size and type;

       ``(ii) the accident and injury rates at such mine are in 
     the top performing 25th percentile of such rates, 
     respectively, for all mines of similar size and type; and
       ``(iii) no citations or withdrawal orders for violations 
     under section 104(d), no withdrawal orders for imminent 
     danger under section 107 (issued in connection with a 
     citation), and no flagrant violations within the meaning of 
     section 110(b), were issued for such mine.
       ``(B) Continuation of pattern status.--Should the mine 
     operator fail to meet the performance benchmarks described in 
     subparagraph (A), the Secretary shall extend the mine's 
     placement in pattern status until such benchmarks are 
     achieved.
       ``(C) Construction.--A withdrawal order issued as the 
     result of a condition that was entirely beyond the operator's 
     ability to prevent or control shall not preclude the operator 
     from being removed from pattern status, provided the operator 
     did not cause or allow miners to be exposed to the condition

[[Page 19232]]

     in violation of any provision of this Act or a mandatory 
     health or safety standard or regulation promulgated under 
     this Act.
       ``(7) Expedited review.--If any order under this subsection 
     is contested, the review of such order shall be conducted on 
     an expedited basis, in accordance with section 105(d).
       ``(8) Regulations.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of the Robert C. Byrd Mine Safety Protection Act 
     of 2010, the Secretary shall issue interim final regulations 
     that shall define--
       ``(i) the threshold benchmarks to trigger pattern status 
     under paragraph (1) and cause a withdrawal order to be issued 
     or reissued; and
       ``(ii) the performance benchmarks described in paragraphs 
     (5)(A) and (6)(A).
       ``(B) Threshold benchmarks.--In establishing threshold 
     benchmarks to trigger pattern status for mines with 
     significantly poor compliance that contributes to unsafe or 
     unhealthy conditions, the Secretary--
       ``(i) shall--

       ``(I) consider rates of citations and orders described in 
     paragraph (1)(A) and rates of reportable accidents and 
     injuries within the preceding 180-day period; and
       ``(II) assign appropriate weight to various types of 
     citations, orders, accidents, injuries, or other factors; and

       ``(ii) may include--

       ``(I) factors such as mine type, production levels, number 
     of miners, hours worked by miners, number of mechanized 
     mining units (or similar production characteristics), and the 
     presence of a representative of miners at the mine for 
     purposes of collective bargaining;
       ``(II) the mine's history of citations, violations, orders, 
     and other enforcement actions, or rates of reportable 
     accidents and injuries, over any period determined relevant 
     by the Secretary; and
       ``(III) other factors the Secretary may determine 
     appropriate to protect the safety and health of miners.

       ``(C) Final regulation.--Not later than 2 years after the 
     date of enactment of the Robert C. Byrd Mine Safety 
     Protection Act of 2010, the Secretary shall promulgate a 
     final regulation implementing this paragraph.
       ``(9) Public database and information.--The Secretary shall 
     establish and maintain a publically available electronic 
     database containing the data used to determine pattern status 
     for all coal or other mines which shall be updated as 
     frequently as practicable. Such database shall be searchable 
     and have the capacity to provide comparative data about the 
     health and safety at mines of similar sizes and types. The 
     Secretary shall also make publicly available--
       ``(A) a list of all mines the Secretary places in pattern 
     status, updated within 7 days of placing an additional mine 
     in pattern status;
       ``(B) the metrics, including percentile information, used 
     for the purposes of the performance benchmarks and threshold 
     benchmarks described in paragraphs (5), (6), and (8); and
       ``(C) guidance for the use of such metrics and benchmarks 
     to assist operators in determining the performance their 
     mines under criteria established by the Secretary.
       ``(10) Operator fees for additional inspections.--
       ``(A) Assessment and collection.--Beginning 120 days after 
     the date of enactment of the Robert C. Byrd Mine Safety 
     Protection Act of 2010, the Secretary shall assess and 
     collect fees, in accordance with this paragraph, from each 
     coal or other mine in pattern status for the costs of 
     additional inspections under this subsection. The Secretary 
     shall issue, by rule, a schedule of fees to be assessed 
     against coal or other mines of varying types and sizes, and 
     shall collect and assess amounts under this paragraph based 
     on the schedule.
       ``(B) Use.--Amounts collected as provided in subparagraph 
     (A) shall only be available to the Secretary for making 
     expenditures to carry out the additional inspections required 
     under paragraph (2)(D).
       ``(C) Authorization of appropriations.--In addition to any 
     other amounts authorized to be appropriated under this Act, 
     there is authorized to be appropriated to the Assistant 
     Secretary for Mine Safety and Health for each fiscal year in 
     which fees are collected under subparagraph (A) an amount 
     equal to the total amount of fees collected under such 
     subparagraph during that fiscal year. Such amounts are 
     authorized to remain available until expended. If on the 
     first day of a fiscal year a regular appropriation to the 
     Commission has not been enacted, the Commission shall 
     continue to collect fees (as offsetting collections) under 
     this subsection at the rate in effect during the preceding 
     fiscal year, until 5 days after the date such regular 
     appropriation is enacted.
       ``(D) Collection and crediting of fees.--Fees authorized 
     and collected under this paragraph shall be deposited and 
     credited as offsetting collections to the account providing 
     appropriations to the Mine Safety and Health Administration 
     and shall not be collected for any fiscal year except to the 
     extent and in the amount provided in advance in appropriation 
     Acts.''.

     SEC. 203. INJUNCTIVE AUTHORITY.

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

     SEC. 204. REVOCATION OF APPROVAL OF PLANS.

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

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

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

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

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

                          TITLE III--PENALTIES

     SEC. 301. CIVIL PENALTIES.

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

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

       Section 110(c) (30 U.S.C. 820(c)) is amended to read as 
     follows:
       ``(c) Civil and Criminal Liability of Officers, Directors, 
     and Agents.--
       ``(1) Civil penalties.--Whenever an operator engages in 
     conduct for which the operator is subject to civil penalties 
     under this section, any director, officer, or agent of such 
     operator who knowingly authorizes, orders, or carries out 
     such conduct, or who

[[Page 19233]]

     knowingly authorizes, orders, or carries out any policy or 
     practice that results in such conduct and having reason to 
     believe it would so result, shall be subject to the same 
     civil penalties under this section as if it were an operator 
     engaging in such conduct.
       ``(2) Criminal penalties.--Whenever an operator engages in 
     conduct for which the operator is subject to criminal 
     penalties under subsection (d), any director, officer, or 
     agent of such operator who knowingly authorizes, orders, or 
     carries out such conduct, or who knowingly authorizes, 
     orders, or carries out a policy or practice that results in 
     such conduct, and knowing that it will so result, shall be 
     subject to the same penalties under paragraphs (1) or (2) of 
     subsection (d) as if such person were an operator engaging in 
     such conduct.''.

     SEC. 303. CRIMINAL PENALTIES.

       (a) In General.--Section 110(d) (30 U.S.C. 820(d)) is 
     amended to read as follows:
       ``(d) Criminal Penalties.--
       ``(1) In General.--Whoever, being an operator, knowingly--
       ``(A) violates a mandatory health or safety standard, or
       ``(B) violates or fails or refuses to comply with any order 
     issued under section 104 or section 107, or any order 
     incorporated in a final decision issued under this Act 
     (except an order incorporated in a decision under subsection 
     (a)(1) or section 105(c)),

     shall, upon conviction, be fined not more than $250,000, or 
     imprisoned for not more than 1 year, or both, except that if 
     the operator commits the violation after having been 
     previously convicted of a violation under this paragraph and, 
     if the operator knows or should know that such subsequent 
     violation has the potential to expose a minor to risk of 
     serious injury, serious illness, or death, the operator 
     shall, upon conviction, be fined not more than $1,000,000, or 
     imprisoned for not more than 5 years, or both.
       ``(2) Significant Risk of Serious Injury, Serious Illness, 
     or Death.--Whoever, being an operator, knowingly--
       ``(A) tampers with or disables a required safety device 
     (except with express authorization from the Secretary),
       ``(B) violates a mandatory health or safety standard, or
       ``(C) violates or fails or refuses to comply with an order 
     issued under section 104 or 107, or any order incorporated in 
     a final decision issued under this Act (except an order 
     incorporated in a decision under subsection (a)(1) or section 
     105(c)),

     and thereby recklessly exposes a miner to significant risk of 
     serious injury, serious illness, or death, shall, upon 
     conviction, be fined not more than $1,000,000, or imprisoned 
     for not more than 5 years, or both, except that if the 
     operator commits the violation after having been previously 
     convicted of a violation under this paragraph, the operator 
     shall, upon conviction, be fined not more than $2,000,000, or 
     imprisoned for not more than 10 years, or both.
       ``(3) Whoever knowingly--
       ``(A) with the intent to retaliate, interferes with the 
     lawful employment or livelihood of a person, or the spouse, 
     sibling, child, or parent of a person, because any of them 
     provides information to an authorized representative of the 
     Secretary, a State or local mine safety or health officer or 
     official, or other law enforcement officer, in reasonable 
     belief that the information is true and related to an 
     apparent health or safety violation, or unhealthful or unsafe 
     condition, policy, or practice under this Act, or
       ``(B) interferes, or threatens to interfere, with the 
     lawful employment or livelihood of a person, or the spouse, 
     sibling, child, or parent of a person, with the intent to 
     prevent any of them from so providing such information,

     shall be fined under title 18 or imprisoned for not more than 
     5 years, or both.''.
       (b) Advance Notice of Inspections.--
       (1) In general.--Section 110(e) (30 U.S.C. 820(e)) is 
     amended to read as follows:
       ``(e) Whoever knowingly, with intent to give advance notice 
     of an inspection conducted or to be conducted under this Act, 
     and thereby to impede, interfere with, or frustrate such 
     inspection, engages in, or directs another person to engage 
     in, conduct that a reasonable person would expect to result 
     in such advance notice, shall be fined under title 18, United 
     States Code, or imprisoned for not more than 5 years, or 
     both, except that a miner (other than a director, officer or 
     agent of the operator involved) who commits the offense at 
     the direction of a superior shall be fined under title 18, or 
     imprisoned not more than 1 year, 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 it is unlawful pursuant to section 110(e) for 
     any person, with the intent to impede, interfere with, or 
     frustrate an inspection conducted or to be conducted under 
     this Act, to engage in, or direct another person to engage 
     in, any conduct that a reasonable person would expect to 
     result in advance notice of such inspection; and
       ``(2) the maximum penalties for a violation under such 
     subsection.''.

     SEC. 304. COMMISSION REVIEW OF PENALTY ASSESSMENTS.

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

     SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT INTEREST.

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

                TITLE IV--WORKER RIGHTS AND PROTECTIONS

     SEC. 401. PROTECTION FROM RETALIATION.

       Section 105(c) (30 U.S.C. 815(c)) is amended to read as 
     follows:
       ``(c) Protection From Retaliation.--
       ``(1) Retaliation prohibited.--
       ``(A) Retaliation for complaint or testimony.--No person 
     shall discharge or in any manner discriminate against or 
     cause to be discharged or cause discrimination against or 
     otherwise interfere with the exercise of the statutory rights 
     of any miner or other

[[Page 19234]]

     employee of an operator, representative of miners, or 
     applicant for employment, because--
       ``(i) such miner or other employee, representative, or 
     applicant for employment--

       ``(I) has filed or made a complaint, or is about to file or 
     make a complaint, including a complaint notifying the 
     operator or the operator's agent, or the representative of 
     the miners at the coal or other mine of an alleged danger or 
     safety or health violation in a coal or other mine;
       ``(II) instituted or caused to be instituted, or is about 
     to institute or cause to be instituted, any proceeding under 
     or related to this Act or has testified or is about to 
     testify in any such proceeding or because of the exercise by 
     such miner or other employee, representative, or applicant 
     for employment on behalf of him or herself or others of any 
     right afforded by this Act, or has reported any injury or 
     illness to an operator or agent;
       ``(III) has testified or is about to testify before 
     Congress or any Federal or State proceeding related to safety 
     or health in a coal or other mine; or
       ``(IV) refused to violate any provision of this Act, 
     including any mandatory health and safety standard or 
     regulation; or

       ``(ii) such miner is the subject of medical evaluations and 
     potential transfer under a standard published pursuant to 
     section 101.
       ``(B) Retaliation for refusal to perform duties.--
       ``(i) In general.--No person shall discharge or in any 
     manner discriminate against a miner or other employee of an 
     operator for refusing to perform the miner's or other 
     employee's duties if the miner or other employee has a good-
     faith and reasonable belief that performing such duties would 
     pose a safety or health hazard to the miner or other employee 
     or to any other miner or employee.
       ``(ii) Standard.--For purposes of clause (i), the 
     circumstances causing the miner's or other employee's good-
     faith belief that performing such duties would pose a safety 
     or health hazard shall be of such a nature that a reasonable 
     person, under the circumstances confronting the miner or 
     other employee, would conclude that there is such a hazard. 
     In order to qualify for protection under this paragraph, the 
     miner or other employee, when practicable, shall have 
     communicated or attempted to communicate the safety or health 
     concern to the operator and have not received from the 
     operator a response reasonably calculated to allay such 
     concern.
       ``(2) Complaint.--Any miner or other employee or 
     representative of miners or applicant for employment who 
     believes that he or she has been discharged, disciplined, or 
     otherwise discriminated against by any person in violation of 
     paragraph (1) may file a complaint with the Secretary 
     alleging such discrimination not later than 180 days after 
     the later of--
       ``(A) the last date on which an alleged violation of 
     paragraph (1) occurs; or
       ``(B) the date on which the miner or other employee or 
     representative knows or should reasonably have known that 
     such alleged violation occurred.
       ``(3) Investigation and hearing.--
       ``(A) Commencement of investigation and initial 
     determination.--Upon receipt of such complaint, the Secretary 
     shall forward a copy of the complaint to the respondent, and 
     shall commence an investigation within 15 days of the 
     Secretary's receipt of the complaint, and, as soon as 
     practicable after commencing such investigation, make the 
     determination required under subparagraph (B) regarding the 
     reinstatement of the miner or other employee.
       ``(B) Reinstatement.--If the Secretary finds that such 
     complaint was not frivolously brought, the Commission, on an 
     expedited basis upon application of the Secretary, shall 
     order the immediate reinstatement of the miner or other 
     employee until there has been a final Commission order 
     disposing of the underlying complaint of the miner or other 
     employee. If either the Secretary or the miner or other 
     employee pursues the underlying complaint, such reinstatement 
     shall remain in effect until the Commission has disposed of 
     such complaint on the merits, regardless of whether the 
     Secretary pursues such complaint by filing a complaint under 
     subparagraph (D) or the miner or other employee pursues such 
     complaint by filing an action under paragraph (4). If neither 
     the Secretary nor the miner or other employee pursues the 
     underlying complaint within the periods specified in 
     paragraph (4), such reinstatement shall remain in effect 
     until such time as the Commission may, upon motion of the 
     operator and after providing notice and an opportunity to be 
     heard to the parties, vacate such complaint for failure to 
     prosecute.
       ``(C) Investigation.--Such investigation shall include 
     interviewing the complainant and--
       ``(i) providing the respondent an opportunity to submit to 
     the Secretary a written response to the complaint and to 
     present statements from witnesses or provide evidence; and
       ``(ii) providing the complainant an opportunity to receive 
     any statements or evidence provided to the Secretary and 
     rebut any statements or evidence.
       ``(D) Action by the secretary.--If, upon such 
     investigation, the Secretary determines that the provisions 
     of this subsection have been violated, the Secretary shall 
     immediately file a complaint with the Commission, with 
     service upon the alleged violator and the miner or other 
     employee or representative of miners alleging such 
     discrimination or interference and propose an order granting 
     appropriate relief.
       ``(E) Action of the commission.--The Commission shall 
     afford an opportunity for a hearing 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 of the 
     receipt of a complaint filed under paragraph (2), the 
     Secretary shall notify, in writing, the miner or other 
     employee, applicant for employment, or representative of 
     miners of his determination whether a violation has occurred.
       ``(B) Action of complainant.--If the Secretary, upon 
     investigation, determines that the provisions of this 
     subsection have not been violated, the complainant shall have 
     the right, within 30 days after receiving notice of the 
     Secretary's determination, to file an action in his or her 
     own behalf before the Commission, charging discrimination or 
     interference in violation of paragraph (1).
       ``(C) Hearing and decision.--The Commission shall afford an 
     opportunity for a hearing 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)(D). Such order shall become 
     final 30 days after its issuance.
       ``(5) Burden of proof.--In adjudicating a complaint 
     pursuant to this subsection, the Commission may determine 
     that a violation of paragraph (1) has occurred only if the 
     complainant demonstrates that any conduct described in 
     paragraph (1) with respect to the complainant was a 
     contributing factor in the adverse action alleged in the 
     complaint. A decision or order that is favorable to the 
     complainant shall not be issued pursuant to this subsection 
     if the respondent demonstrates by clear and convincing 
     evidence that the respondent would have taken the same 
     adverse action in the absence of such conduct.
       ``(6) Attorneys' fees.--Whenever an order is issued 
     sustaining the complainant's charges under this subsection, a 
     sum equal to the aggregate amount of all costs and expenses, 
     including attorney's fees, as determined by the Commission to 
     have been reasonably incurred by the complainant for, or in 
     connection with, the institution and prosecution of such 
     proceedings shall be assessed against the person committing 
     such violation. The Commission shall determine whether such 
     costs and expenses were reasonably incurred by the 
     complainant without reference to whether the Secretary also 
     participated in the proceeding.
       ``(7)  Expedited proceedings; judicial review.--Proceedings 
     under this subsection shall be expedited by the Secretary and 
     the Commission. Any order issued by the Commission under this 
     subsection shall be subject to judicial review in accordance 
     with section 106. Violations by any person of paragraph (1) 
     shall be subject to the provisions of sections 108 and 
     110(a)(4).
       ``(8)  Procedural rights.--The rights and remedies provided 
     for in this subsection may not be waived by any agreement, 
     policy, form, or condition of employment, including by any 
     pre-dispute arbitration agreement or collective bargaining 
     agreement.

[[Page 19235]]

       ``(9) Savings.--Nothing in this subsection shall be 
     construed to diminish the rights, privileges, or remedies of 
     any employee who exercises rights under any Federal or State 
     law or common law, or under any collective bargaining 
     agreement.''.

     SEC. 402. PROTECTION FROM LOSS OF PAY.

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

     ``SEC. 111. ENTITLEMENT OF MINERS.

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

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

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

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

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

            TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS

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

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

     SEC. 502. ROCK DUST STANDARDS.

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

[[Page 19236]]

     Education, Labor, and Pensions of the Senate, a report--
       (A) regarding whether any direct reading monitor described 
     in section 304(d)(2)(B) of the Federal Mine Safety and Health 
     Act of 1977 (30 U.S.C. 864(d)(2)(B)) is sufficiently reliable 
     and accurate for the enforcement of the mandatory health or 
     safety standards by the Secretary of Labor under such Act, 
     and whether additional improvement to such direct reading 
     monitor, or additional verification regarding reliability and 
     accuracy, would be needed for enforcement purposes; and
       (B) identifying any limitations or impediments for such use 
     in underground coal mines.
       (2) Authority.--If the Secretary determines that such 
     direct reading monitor is sufficiently reliable and accurate 
     for the enforcement of mandatory health and safety standards 
     under the Federal Mines Safety and Health Act of 1977 
     following such report or any update thereto, the Secretary 
     shall promulgate a final rule authorizing the use of such 
     direct reading monitor for purposes of compliance and 
     enforcement, in addition to other methods for determining 
     total incombustible content. Such rule shall specify 
     mandatory operator sampling locations, methods, and 
     intervals.

     SEC. 503. ATMOSPHERIC MONITORING SYSTEMS.

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

     SEC. 504. TECHNOLOGY RELATED TO RESPIRABLE DUST.

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

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

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

     SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING.

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

     SEC. 507. CERTIFICATION OF PERSONNEL.

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

     ``SEC. 118. CERTIFICATION OF PERSONNEL.

       ``(a) Certification Required.--Any person who is authorized 
     or designated by the operator of a coal or other mine to 
     perform any duties or provide any training that this Act, 
     including a mandatory health or safety standard or regulation 
     promulgated pursuant to this Act, requires to be performed or 
     provided by a certified, registered, qualified, or otherwise 
     approved person, shall be permitted to perform such duties or 
     provide such training only if such person has a current 
     certification, registration, qualification, or approval to 
     perform such duties or provide such training consistent with 
     the requirements of this section.
       ``(b) Establishment of Certification Requirements and 
     Procedures.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Robert C. Byrd Mine Safety Protection Act of 
     2010, the Secretary shall issue mandatory standards to 
     establish--
       ``(A) requirements for such certification, registration, 
     qualification, or other approval, including the experience, 
     examinations, and references that may be required as 
     appropriate;
       ``(B) time limits for such certifications and procedures 
     for obtaining and renewing such certification, registration, 
     qualification, or other approval; and
       ``(C) procedures and criteria for revoking such 
     certification, registration, qualification, or other 
     approval, including procedures that ensure that the Secretary 
     (or a State agency, as applicable) responds to requests for 
     revocation and that the names of individuals whose 
     certification or other approval has been revoked are provided 
     to and maintained by the Secretary, and are made available to 
     appropriate State agencies through an electronic database.
       ``(2) Coordination with states.--In developing such 
     standards, the Secretary shall consult with States that have 
     miner certification programs to ensure effective coordination 
     with existing State standards and requirements for 
     certification. The standards required under paragraph (1) 
     shall provide that the certification, registration, 
     qualification, or other approval of the State in which the 
     coal or other mine is located satisfies the requirement of 
     subsection (a) if the State's program of certification, 
     registration, qualification, or other approval is no less 
     stringent than the standards established by the Secretary 
     under paragraph (1).
       ``(c) Operator Fees for Certification.--
       ``(1) Assessment and collection.--Beginning 180 days after 
     the date of enactment of

[[Page 19237]]

     the Robert C. Byrd Mine Safety Protection Act of 2010, the 
     Secretary shall assess and collect fees, in accordance with 
     this subsection, from each operator for each person certified 
     under this section. Fees shall be assessed and collected in 
     amounts determined by the Secretary as necessary to fund the 
     certification programs established under this section.
       ``(2) Use.--Amounts collected as provided in paragraph (1) 
     shall only be available to the Secretary, as provided in 
     paragraph (3), for making expenditures to carry out the 
     certification programs established under this subsection.
       ``(3) Authorization of appropriations.--In addition to 
     funds authorized to be appropriated under section 114, there 
     is authorized to be appropriated to the Assistant Secretary 
     for Mine Safety and Health for each fiscal year in which fees 
     are collected under paragraph (1) an amount equal to the 
     total amount of fees collected under paragraph (1) during 
     that fiscal year. Such amounts are authorized to remain 
     available until expended. If on the first day of a fiscal 
     year a regular appropriation to the Commission has not been 
     enacted, the Commission shall continue to collect fees (as 
     offsetting collections) under this subsection at the rate in 
     effect during the preceding fiscal year, until 5 days after 
     the date such regular appropriation is enacted.
       ``(4) Collecting and crediting of fees.--Fees authorized 
     and collected under this subsection shall be deposited and 
     credited as offsetting collections to the account providing 
     appropriations to the Mine Safety and Health Administration 
     and shall not be collected for any fiscal year except to the 
     extent and in the amount provided in advance in appropriation 
     Acts.
       ``(d) Citation; Withdrawal Order.--Any operator who permits 
     a person to perform any of the health or safety related 
     functions described in subsection (a) without a current 
     certification which meets the requirements of this section 
     shall be considered to have committed an unwarrantable 
     failure under section 104(d)(1), and the Secretary shall 
     issue an order requiring that the miner be withdrawn or 
     reassigned to duties that do not require such 
     certification.''.
       (b) Conforming Amendments.--Section 318 (30 U.S.C. 878) is 
     amended--
       (1) by striking subsections (a) and (b);
       (2) in subsection (c), by redesignating paragraphs (1) 
     through (3) as subparagraphs (A) through (C), respectively;
       (3) in subsection (g), by redesignating paragraphs (1) 
     through (4) as subparagraphs (A) through (D), respectively; 
     and
       (4) by redesignating subsections (c) through (j) as 
     paragraphs (1) through (8), respectively.

              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

     SEC. 601. DEFINITIONS.

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

     SEC. 602. ASSISTANCE TO STATES.

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

     SEC. 603. BLACK LUNG MEDICAL REPORTS.

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

     ``SEC. 435. MEDICAL REPORTS.

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

     SEC. 604. RULES OF APPLICATION TO CERTAIN MINES.

       (a) Inapplicability of Amendments to Certain Mines.--
       (1) Special rule.--The amendments made by this Act shall 
     not apply to--
       (A) surface mines, except for surface facilities or 
     impoundments physically connected to--
       (i) underground coal or underground metal mines; or
       (ii) other underground mines which are gassy mines; or
       (B) underground mines which are not coal, metal, or gassy 
     mines.
       (2) Definition.--For purposes of this section, the term 
     ``gassy mine'' means a mine, tunnel, or other underground 
     workings in which a flammable mixture has been ignited, or 
     has been found with a permissible flame safety lamp, or has 
     been determined by air analysis to contain 0.25 percent or 
     more (by volume) of methane in any open workings when tested 
     at a point not less than 12 inches from the roof, face of 
     rib.
       (b) Rule of Construction Relating to Applicability of 
     Certain Provisions to Surface Mines.--Title I is further 
     amended by adding at the end the following:

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

       ``(a) Rule of Construction.--With respect to the mines 
     described in subsection (b), this Act as in effect on the 
     date before the date of enactment of the Robert C. Byrd Mine 
     Safety Protection Act of 2010, shall continue to apply to 
     such mines as then in effect.
       ``(b) Applicable Mines.--
       ``(1) In general.--The mines referred to in subsection (a) 
     are--
       ``(A) surface mines, except for surface facilities or 
     impoundments physically connected to--
       ``(i) underground coal or underground metal mines; or
       ``(ii) other underground mines which are gassy mines; and
       ``(B) underground mines which are not coal, metal, or gassy 
     mines.
       ``(2) Definition.--As used in paragraph (1), the term 
     `gassy mine' means a mine, tunnel, or other underground 
     workings in which a flammable mixture has been ignited, or 
     has been found with a permissible flame safety lamp, or has 
     been determined by air analysis to contain 0.25 percent or 
     more (by volume) of methane in any open workings when tested 
     at a point not less than 12 inches from the roof, face of 
     rib.
       ``(c) Savings Provision.--Nothing in this section shall 
     impact the authority of the Secretary to promulgate or modify 
     regulations pursuant to the authority under any such 
     provisions as in effect on the date before the date of 
     enactment of the Robert C. Byrd Mine Safety Protection Act of 
     2010, or shall be construed to alter or modify precedent with 
     regards to the Commission or courts.''.

     SEC. 605. PAYGO COMPLIANCE.

       The budgetary effects of this Act and the amendments made 
     by this Act for the purpose of complying with the Statutory 
     Pay-As-You-Go Act of 2010, shall be determined by reference 
     to the latest statement titled ``Budgetary Effects of PAYGO 
     Legislation'' for this Act, submitted for printing in the 
     Congressional Record by the Chairman of the House Budget 
     Committee, provided that such statement has been submitted 
     prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. George Miller) and the gentleman from Kentucky (Mr. 
Guthrie) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. GEORGE MILLER of California. Mr. Speaker, I request 5 legislative 
days during which Members may revise and extend and insert extraneous 
material on H.R. 6495 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.

[[Page 19238]]


  Mr. GEORGE MILLER of California. I yield myself such time as I may 
consume.
  Mr. Speaker, the House today considers urgently needed legislation to 
address life-threatening gaps in our Nation's mine safety laws. Despite 
progress made over several decades in mine safety, more than 600 miners 
have been killed on the job in the last 10 years. Most recently, 29 
coal miners were killed in a massive explosion in April that killed 
miners over a 2-mile swath and twisted railcar tracks like pretzels.
  Since that tragedy, we have learned a great deal about the systemic 
weaknesses in mine safety laws. After every major tragedy, promises are 
made by public officials to miners and their families--to the 
survivors--that timely action will be taken to make sure that this 
thing never happens again.
  The Robert C. Byrd Mine Safety Protection Act is our chance to 
finally make a downpayment on that promise.
  First, the bill addresses the broken pattern of violation sanctions. 
With these fixes, those mine operators who repeatedly violate safety 
standards will be held accountable. Current law on the patterns of 
violations has so many loopholes that it invites delays and allows some 
coal mine operators to game the system.
  Massey Energy's Upper Big Branch mine was a perfect example of an 
operator repeatedly skirting the law and putting workers' lives in the 
crosshairs. The Upper Big Branch mine was subject to 515 violations and 
to 54 withdrawal orders in 2009, more than any other mine in the 
country. Red flags were waving about this mine's repeated unwarrantable 
failures.

                              {time}  1330

  And yet, because Massey indiscriminately appealed many of those 
violations, it evaded the stronger sanctions that would have improved 
the conditions and perhaps saved lives.
  The bill sets clear and fair criteria to identify mines with 
significant safety problems and eliminates the incentives for mine 
owners that game the system. Had this been in place, I believe the 29 
miners who lost their lives in the Upper Big Branch mine would be alive 
today.
  Second, the bill gives miners modern protections against retaliation 
if they speak up about the dangerous conditions under which they work.
  Stanley ``Goose'' Stewart was working in the Upper Big Branch mine 
the day it exploded. He testified twice before the committee about the 
persistent fear and intimidation faced by workers from the Massey 
management. He said that in his years working for Massey, they took 
coal mining back to the early 1900s. He urged us to give miners the 
ability to stand up to rogue mine operators.
  This bill empowers miners to speak up about safety concerns by 
strengthening whistleblower protection and gives miners the right to 
refuse to work in unsafe conditions.
  Third, many have asked why the Mine Safety and Health Administration 
failed to close down unsafe mines, such as Upper Big Branch, with 
repeated violations of the law. This bill clarifies that MSHA can seek 
a court order to close a mine that engages in a course of conduct that 
endangers the miners.
  Fourth, MSHA lacks sufficient subpoena power for investigation 
inspections. Under current law, MSHA, the Mine Safety and Health 
Administration, can only issue subpoenas in the context of witnesses 
for a public hearing. The legislation gives MSHA the subpoena power it 
needs for full investigations.
  Fifth, miners testified that in many parts of the country MSHA does 
not inspect mines during weekends or night shifts. This legislation 
would require that inspections occur on all shifts and days of the 
week. If inspection times are unpredictable, operators will be 
motivated to work more safely across all shifts.
  Sixth, the bill provides meaningful sanctions against those who 
intentionally provide advance notice of unannounced mine safety and 
health inspections. All too often, mine operators call ahead of 
inspectors and direct that violations be covered up, depriving mine 
inspectors of the ability to detect unsafe working conditions.
  Finally, witnesses told us how safety devices like methane detectors 
were tampered with so that mining equipment would not automatically 
shut down and stop production if methane levels got too high. Today, 
this violation is a mere misdemeanor. Under this legislation, tampering 
with these devices would be a felony. These reforms will only apply to 
coal mines, underground mines that release significant amounts of 
methane and combustible gases, and underground metal mines.
  The bill is the result of months of deliberations with stakeholders 
and experts, including miners, families, academics, State officials, 
and various sectors of the mining industry. The legislation is part of 
our ongoing commitment to the families of the Aracoma, Sago, Crandall 
Canyon, Darby, and, now, Upper Big Branch mine disasters that their 
loved ones' deaths would not be in vain and their calls for change 
would be heeded.
  The legislation also honors the late Senator Robert C. Byrd, who was 
a champion of our Nation's miners. After the Sago and Aracoma 
tragedies, Senator Byrd said, ``if we truly are a moral Nation . . . 
then these moral values must be reflected in the government agencies 
that are charged with protecting the lives of our citizens.''
  I agree. This legislation redeems that sentiment of Senator Byrd, and 
I urge my colleagues to support this important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
  On April 5 of this year, tragedy struck Montcoal, West Virginia. On 
that day, an explosion at the Upper Big Branch coal mine killed 29 
miners and provided a stark reminder that coal mining is a profession 
marked by risk and danger. And while steps have been taken to 
strengthen protections for miners, this tragedy and others like it 
remind us that more work remains to be done.
  I believe steps can be taken by Federal and State regulators, mine 
operators, and miners, themselves, to reduce the dangers inherent for 
those who mine for natural resources that power our Nation. That is why 
it is with deep regret that I oppose the legislation before us today.
  Once again, well-intended reforms addressing a vital issue are being 
rushed through a flawed process that results in a deeply flawed bill. 
This is not the way to govern. This is not the way to advance the 
concerns and interests of the American people, and it is not the way to 
strengthen important safety protections for miners.
  The bill we are considering today under a suspension of the House 
rules is the wrong response for several important reasons. First, it 
seeks to create a solution to a problem we do not fully understand. The 
explosion at Upper Big Branch resulted in the worst mining disaster in 
40 years. Since that time, significant State and Federal resources have 
been brought to bear to investigate the cause of the incident, help 
identify weaknesses in existing law, and determine whether current law 
is being obeyed by mining operators and aggressively enforced by 
Federal authorities. These are critical questions for which we are 
still awaiting answers.
  The majority's proposal also ignores important steps the Mine Safety 
and Health Administration has taken in recent months to strengthen 
standards to existing law. Republicans have consistently called on the 
Mine Safety and Health Administration to utilize all the tools at its 
disposal to protect miners and hold bad actors accountable. I am 
pleased to see the agency is finally beginning to do just that.
  As part of its efforts, the Mine Safety and Health Administration has 
revised the current framework of identifying mines operating with a 
pattern of violations. For 30 years, this process has been broken. 
Today, that process has changed, and we are just beginning to see the 
results. The Mine Safety Administration has reformed the process and 
has notified more than a dozen

[[Page 19239]]

mine operators that they are at risk of being placed in a pattern of 
violations. It is a step in the right direction.
  The agency is also implementing new rock dusting standards, issued a 
proposal to increase the use of personal dust monitors, and is looking 
at ways to improve the broken conference process. We may question why 
the agency did not act sooner, but it is important to recognize that 
steps are being taken today. Congress should not preempt and 
potentially undercut reforms underway before we have had the 
opportunity to learn whether they work.
  Some of my colleagues may argue that these are simply process 
arguments that ordinary Americans don't care about. I don't like 
discussing process any more than the next person, but I think we have 
learned over the last 2 years that the American people care a great 
deal about the manner in which Congress conducts its business, because 
a flawed process results in bad law. Today's legislation is no 
exception.
  The process we are considering today puts punishment before 
prevention. It is based on the faulty premise that simply increasing 
penalties can lead to better safety. Our goal is to prevent injuries 
and illnesses before they occur. Everyone agrees bad actors should face 
stiff penalties for jeopardizing the safety of miners, but we shouldn't 
establish a regime that may discourage employers from taking actions 
they believe to strengthen their worker safety. We can punish bad 
actors, but we must never lose sight of the fact that promoting safety 
and preventing hazard should be our first priority.
  There are other flaws in the legislation, including a provision that 
will expand the criminalization of a person's knowing conduct as well 
as upending, in some cases, the long-established at-will employment 
doctrine which will insert Federal judges into voluntary hiring and 
firing decisions of mine operators and their workers.
  Last Friday, the majority introduced H.R. 6495 with no advance 
warning and not consulting with Republicans. Yet here we are days later 
being told this is the only opportunity Members of the House will have 
to enhance safety protections for underground miners. Following the 
same playbook used by the majority time and time again by this 
majority, we have no opportunity for a full and open debate and no 
opportunity to offer amendments to fix the errors I have just 
described. A flawed process is resulting in yet another flawed bill.
  On behalf of miners and their families, let me respectfully say they 
deserve better. I urge my colleagues to oppose this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield 4 minutes to 
the gentleman from West Virginia (Mr. Rahall).
  Mr. RAHALL. Mr. Speaker, America's courageous, hardworking coal 
miners have long provided the fuel that powers this Nation. And while 
doing so, they labor in some of the toughest, most dangerous work 
environments. For that reason, our Nation has long recognized its duty 
to ensure their health and safety on the job. God bless our Nation's 
coal miners.
  This year has been a tragic one in our coalfields. We have, to date, 
lost 48 miners, and we witnessed the worst coal mine disaster in 40 
years, already referenced on the floor, losing 29 young lives in one 
blast in my home county.
  We have much work to do in our mine safety system, though I urge my 
colleagues not to paint the coal industry with too broad a brush. There 
are many coal companies with admirable safety records, with time and 
money devoted to keeping their miners safe. Several of them have worked 
diligently with myself and with Chairman Miller and the Education and 
Labor Committee to make improvements to this bill. They are models for 
the industry and employers everywhere.
  I take this moment to salute the chairman of our Education and Labor 
Committee, George Miller, for the manner in which he has worked not 
only on this legislation but all previous coal mine health and safety 
legislation as well. Our coal miners, indeed, have a friend in George 
Miller from California.

                              {time}  1340

  However, just as surely as there are good actors that deserve our 
respect, we must recognize that the safety challenges of coal country 
will not end with the retirement of any one individual, one so-called 
``Dark Lord.'' Unless we remain vigilant while miners labor in harm's 
way, another Voldemort will rise. We all--industry, government, labor--
share a responsibility to rein in those very few bad actors who would 
put profits before safety.
  Critics of this legislation argue that it needs additional 
wordsmithing, that some provisions need tweaking or trimming out 
altogether, that we ought to await the results of the current UBB 
investigation; and I appreciate that perspective. But while many of 
these criticisms might provide an excuse to vote against the pending 
bill, none of them outweighs the plain and simple truth confronting 
this particular Member of Congress.
  As the Representative of the district in which the UBB mine is 
located, I have 29 reasons why I must and why I will vote for this 
legislation. Indeed, there have been additional deaths since Upper Big 
Branch, but those individuals I will name: Carl Acord, Jason Atkins, 
Christopher Bell, Greg Brock, Kenny Chapman, Robert E. Clark, Cory 
Davis, Timmy Davis, Michael Elswick, William ``Bob'' Griffith, Steve 
Harrah, Dean Jones, Rick Lane, William Roosevelt Lynch, Joe Marcum, 
Ronald Lee Maynor, James ``Eddie'' Mooney, Adam Morgan, Rex Mullins, 
Josh Napper, Howard ``Boone'' Payne, Dillard ``Dewey'' Persinger, Joel 
``Jody'' Price, Gary Quarles, Deward Scott, Benny Willingham, Ricky 
Workman.
  I stood vigil with their families--the mothers, the fathers, their 
sisters, their brothers, their wives, children, and grandchildren. We 
waited together throughout those anguishing days in the aftermath of 
that devastating explosion that took these 29 brave individuals too 
early from this Earth. I prayed with them, I ate with them, and, in the 
end, I grieved with them. And if I voted against this legislation, my 
colleagues, that might have saved their loved ones, I could never again 
look them in the eyes.
  Today I will cast my vote for this appropriately named Robert C. Byrd 
Mine Safety Protection Act. And I will continue to work with my 
colleagues to address the needs of our coal miners and our coal 
industry in the weeks and months ahead. Those needs exist, and those 
needs need to be addressed, and we need to address them--all 
stakeholders that Chairman Miller has so well done--all stakeholders 
working together to, indeed, make our coal mines a safer place in which 
to work.
  Mr. GUTHRIE. Mr. Speaker, I yield 3 minutes to the gentlelady from 
West Virginia, Mrs. Moore Capito.
  Mrs. CAPITO. In the past few years, my home State, West Virginia, has 
walked with a heavy heart. On numerous occasions, we have bowed our 
heads in solemn reverence for miners that we have lost in tragedy. We 
have watched as our small towns and their citizens have been thrust 
into the Nation's eye for the most unfortunate reasons. As we've heard, 
in fact, on April 5 of this year, we suffered the worst mine disaster 
in more than a generation. An underground explosion swept through at 
Massey Energy's Upper Big Branch mine, claiming 29 lives, which my 
colleague from West Virginia just enumerated very eloquently.
  Let me be clear, the issue of mine safety is a very personal one to 
every West Virginian. Our families and our friends are in the mines. 
When West Virginia loses even a single miner, it affects all of us.
  Currently, multiple investigations into the Upper Big Branch mine are 
still searching for answers and following each small detail that could 
uncover the answer to a larger mystery. And it is just that, an 
unsolved investigation. Even today, investigators are hampered by water 
and are working to clear the mine before they can continue their work.
  With these investigations still in progress, we do not know which 
laws were not followed by the operator,

[[Page 19240]]

which laws MSHA failed to enforce, and which health and safety laws 
were simply inadequate. And yet Congress intends to lay out its heavy 
hand again before our questions are answered and before we know exactly 
what happened.
  The late Senator Robert C. Byrd was a leader in mine safety. After 
the Sago mine tragedy in my district, the West Virginia delegation 
gathered in Senator Byrd's office, and we sat together to reach a 
common agenda. The Senator believed that we were there for a purpose of 
protecting our miners and that all ideas were welcome at the table.
  I wish this Congress would heed the late Senator's values. This bill 
was rushed to the floor in the last days of this Congress with little 
notice and some changes made at the last minute. I was heartened a few 
months ago when Congress began a new discussion on miner safety. I 
appreciate the chairman of the committee having a field hearing in 
Beckley and allowing me to attend. So I appreciate that. In fact, there 
were many bills introduced as a part of that discussion. And, 
unfortunately, this discussion has been too short and a single bill was 
green-lighted by a select few.
  This bill has been rushed to the floor so it can be checked off a 
list of accomplishments. I wholeheartedly support the legislation's 
goal to better protect the health and safety of our Nation's miners, 
but in this case, we haven't gotten close to the goal. Improving mine 
safety can only happen when all parties work to get involved or are 
working together to achieve better results. It is shortsighted and, in 
essence, a shot in the dark before we see the true facts.
  The bill being considered today takes harsh and punitive measures 
that does little to address mine safety but, rather, introduces 
dramatic regulatory changes and promotes unnecessary litigation which 
will hurt those mines and miners operating in good faith on behalf of 
worker safety. It imposes vague new standards for criminal liability, 
potentially criminalizing most infractions and subjecting officials to 
sanctions over which they have no direct control.
  Any legislation should look at the industry in total, from the 
companies to the agencies regulating them, and this bill does not do 
that. If we are to truly get this right, we need to let the 
investigations move forward and work for a true mine safety bill that 
would secure the safety of our miners for generations to come.
  Mr. GEORGE MILLER of California. I yield 3 minutes to the gentlewoman 
from California (Ms. Woolsey), the chair of the subcommittee.
  Ms. WOOLSEY. I thank the gentleman for bringing this bill forward.
  This is a proud day for me, as an original cosponsor of the Robert C. 
Byrd Mine Safety Protection Act, because the health and safety of 
miners is finally receiving the attention that it deserves. With this 
legislation, we hope to prevent the appalling loss of life that 
continues to occur in the mining industry. The recent accident at Upper 
Big Branch mine in West Virginia once again proved this issue is too 
important to ignore, too devastating to delay.
  It is true that working conditions for miners have improved over the 
years, but too many mine workers are still dying or are becoming ill as 
a result of incidents that were or are preventible had everyone been 
following the law. The loss of life and health of a worker is 
unacceptable. There is much more we can do and must do to keep miners 
as healthy and safe as possible. These miners and their families 
deserve to know that when they leave for work in the morning, they will 
return home that evening to their families and that they will be safe 
and that they will be healthy. H.R. 6495 accomplishes much of that goal 
for underground coal mines and gassy mines.
  The bill makes it easier to identify and improve conditions at mines 
with serious and repeated violations and increases maximum criminal 
penalties for underground coal mines and sanctions on those who 
knowingly tamper with safety equipment. H.R. 6495 also provides more 
effective enforcement tools for MSHA, while strengthening whistleblower 
protections for miners and their families. Bringing mine safety 
protection into the 21st century provides solutions for better 
protection of miners throughout this country.
  I only regret today that the important provisions from the Protecting 
America's Workers Act, PAWA, legislation that I introduced to amend the 
Occupational Safety and Health Act, the OSH Act, are not contained in 
H.R. 6495, because bringing OSHA into the 21st century would have made 
a long overdue change to the OSH Act, a law designed to protect the 
health and safety of millions of nonmining workers throughout the 
entire Nation.
  So, Mr. Speaker, I will continue to support PAWA. But today we're 
supporting H.R. 6495, which is critical in protecting our miners, and I 
urge my colleagues to join me in supporting it.

                              {time}  1350

  Mr. GUTHRIE. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield 2 minutes to 
the gentleman from Illinois (Mr. Hare).
  Mr. HARE. Mr. Speaker, today I rise in strong support of the Robert 
C. Byrd Mine Safety Protection Act of 2010 and for the rights of 
workers all across this great Nation. I would like to begin by thanking 
Chairman George Miller and Chairwoman Woolsey for their tireless work 
on this bill.
  As many of you know, I began my career on a factory floor and saw 
firsthand the inherent dangers that exist in a workplace. It is the 
dangerous working conditions I saw that continue to drive my commitment 
to making every workplace in America safe. Compromise is inevitable in 
Washington, D.C., but keeping our workers safe, healthy, and alive is 
nonnegotiable. I implore my colleagues on both sides of the aisle to 
remember that.
  It is clear that we can no longer rely on a system of fines and 
citations to protect our miners. MSHA must have the ability to swiftly 
shut down unsafe mines in order to save lives. We must end the 
corporate culture of ``profit at all costs'' that treats workplace 
safety upgrades as a budget line item rather than a moral and legal 
priority.
  Today, my colleagues, we have the opportunity to stand up and defend 
the rights and lives of countless American workers, and I ask you to 
join me in this great but never-ending fight. The bill before us today 
will overhaul the very system that has failed to provide adequate 
protections for our mine workers, each and every day, and I say, enough 
is enough. This bill puts forth commonsense reforms that are long 
overdue. It holds irresponsible mine operators accountable.
  One of the most unforgettable and heartbreaking moments of my 
congressional career occurred at the Education and Labor Committee 
hearing on mine safety. During that hearing, a young boy whose father 
had perished in the Crandall Canyon Mine disaster came up to me and 
asked me if I could attend one of his soccer games because ``his daddy 
was in heaven and couldn't go.''
  It is for the families like this that we need to put partisan 
politics aside and pass this critical legislation. Every worker 
deserves to come home safely at the end of the day, and this bill will 
go to great lengths to ensure that this is the reality for all of our 
Nation's mine workers.
  I ask my colleagues to join me in standing up for all American 
workers and supporting this critical legislation.
  Mr. GUTHRIE. Mr. Speaker, I continue to reserve.
  Mr. GEORGE MILLER of California. I yield 1 minute to the gentlewoman 
from New Hampshire (Ms. Shea-Porter), a member of the committee.
  Ms. SHEA-PORTER. Thank you, Chairman Miller, for your leadership on 
this legislation which deals with issues that are literally a matter of 
life and death.
  After the tragedy at the Upper Big Branch Mine, the committee went to 
Beckley, West Virginia, to hear directly from the families of the 
victims. Mr. Speaker, words cannot adequately describe the pain in the 
room on that day as witness after witness described how their loved 
ones went reluctantly to work at an unsafe job that ultimately would 
claim their lives.

[[Page 19241]]

  This was not the first time we found ourselves sitting across the 
table from grieving family members who just lost loved ones in a 
tragedy. In 2007, after the Crandall Canyon Mine collapse, family 
members came to Washington to appear before the committee, and we heard 
the same stories.
  We know that our mine safety laws are in dire need of improvement. 
MSHA knows it, and our miners and families know it also. For the miner 
and his or her family, this bill will make a world of difference, the 
difference between working in a safe environment or not, and in some 
cases the difference between coming home or not.
  Our mine workers deserve our support. This bill gives support to 
them. I urge Members to support this.
  Mr. GUTHRIE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, in the days that followed the tragedy at the Upper Big 
Branch, Republicans joined many Members here on the House floor to 
mourn this tragedy. Our incoming chairman has said that our Nation 
would be searching for answers, and our response must follow a 
comprehensive review of how such a tragic event could have happened.
  We had then, as we do today, a responsibility to look at the laws on 
the books and how those laws are being implemented and followed. We 
will in due course have the answers to many of those questions, but the 
rush to legislate means the answers will arrive too late to inform our 
debate and help ensure we are doing the right thing.
  We are all committed to work in good faith to answer tough questions 
and pursue commonsense reforms that would enhance miner safety. 
Unfortunately, such a good faith process has not occurred. This 
legislation was crafted behind closed doors without input from 
Republican lawmakers concerned with miners' safety and pushed through 
the Education and Labor Committee.
  Today, we are considering a different proposal developed through the 
same closed process. There has been has been no effort to consider or 
incorporate Republican ideas for strengthening mine safety. In fact, 
the majority was so focused on corralling votes with their own caucus 
that they modified this bill in the dark of night.
  Throughout this process, the majority has taken out the carving 
knives, exempting a mine type here and a mine type there, hoping that 
the more of the bill they eliminate, the more support they will gather. 
How can anyone believe this is the best approach to meaningful mine 
safety?
  It is unfortunate that we are here today under these circumstances. 
As I stated earlier, the miners and their families who deserve strong 
worker protections also deserve better than this bill. I urge my 
colleagues to vote ``no'' so we can take the time to understand and 
respond to the tragedy in the Upper Big Branch Mine.
  I yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I want to thank the members of our committee, the 
Education and Labor Committee, who spoke today, Ms. Woolsey, who is the 
subcommittee chair, Mr. Hare, and Ms. Shea-Porter, for their commitment 
to worker safety, whether it is in mines, or construction sites, or 
factories, or anywhere else in America. They have demonstrated over and 
over again their commitment to these workers.
  I also want to thank Mr. Rahall for his support of this legislation. 
He has taught me a great deal, not just about mine safety, but about 
the culture of the communities that engage in this industry and in this 
employment and the impact that it has on them and their families when 
things go so very wrong in the mines with accidents, explosions, fires, 
and other incidents that take place.
  Time and again when I have visited miners they have told me how he 
has stood with them and their families at the mine site and the 
accident site, if you will, in their churches, in their homes, out in 
their cars as they have slept overnight waiting to hear what the impact 
of the accident might be on their loved ones who are still inside of 
the mine, and I want to thank him for that kind of concern and for the 
help in drafting this legislation.
  Mr. Chairman and members of the committee, I appreciate that the time 
is never right for my colleagues on the other side of the aisle to 
engage in worker safety legislation. The fact is, they or their staff 
were invited numerous times to participate in the drafting sessions. 
All they wanted to do was see the language, not participate. This is 
over an 8-month period of time, the consideration of this legislation, 
where we met with groups all across the mining community, employers, 
employees, communities, governors, enforcement agencies, Federal, State 
and local, and all of that together.
  We worked with the mining companies themselves. I am very honored to 
have two letters, one from Patriot Coal, the CEO of Patriot Coal, and 
one from the CEO of CONSOL Energy, reflecting on the process that we 
went through to arrive at this legislation and the improvements that 
were made.
  They were grateful for the extent to which they had been included in 
this process. I don't say they support this legislation and every item 
in it. But the fact of the matter is, this was a very open process, and 
it was open for one reason: Because we wanted the best answers to 
provide for the safety of these miners and the security of their 
families.
  This bill has the support of those who go into the mines every day. 
This bill has the support of the families of those who go into the 
mines every day. Why? Because they know how badly the system has been 
gamed by mine owners who really don't care about the safety of their 
workers, of their miners, of the members of their communities.
  Unfortunately, it is too many mine owners. It is a small number, but 
it impacts a huge number of miners who work in those mines, where they 
disregard the law, where they instruct people to do things that are in 
violation of the law, where they disrupt the inspection process, where 
they disrupt the enforcement process. That is how they run their 
companies.
  We have watched it play out on the financial pages of the newspapers. 
One of the very large mining companies, Massey Energy, struggled with 
the idea of whether or not they could keep their CEO, who was so 
strongly identified, so strongly identified, with being against the 
interests of miners, of working people in violation of the law, of 
overlooking the safety concerns of their miners. Finally, they decided 
that he should retire. Unfortunately, they also decided he should go 
with a very big golden parachute. But the fact of the matter is, this 
is about protecting miners.
  I want to also thank Chairman Conyers of the Judiciary Committee and 
Mr. Scott of the Judiciary Committee for agreeing to this bill and 
letting us move it forward before the end of this session.
  Finally, I want to thank a gentleman that Mr. Rahall introduced us 
to, and that is Stanley ``Goose'' Stewart, who was one of our witnesses 
who captured the attention of this committee on a bipartisan basis, the 
Governor of the State, and Senator Rockefeller from the State, as he 
explained what was going on in this mine to the detriment of the 
workers, leading to the deaths of these 29 men, and how they were 
prevented from speaking out, and how they were intimidated, and how 
people were discharged if they told the truth about what is taking 
place in the mines.

                              {time}  1400

  That's why this legislation is necessary, because there is no other 
place for these miners to go to get safety. There is no other place for 
them to go to get justice. There is no other place for them to go to 
get enforcement of the law. And it's only the law that keeps them in a 
safe working place. But, unfortunately, there are still mine owners in 
this day and age who insist that they have a right to violate that law.
  Today if you do it, you get a slap on the wrist. Pass this law and 
it's a felony. And that's what's, unfortunately, necessary. We've tried 
it the other

[[Page 19242]]

way, with self-enforcement. We've tried it the other way, and it hasn't 
worked. I have interviewed too many families that have lost people in 
the mine, and the time has come to stop that. I urge my colleagues to 
support this legislation.
  Let's honor the commitments that everybody makes the first 48 hours 
after one of these tragedies takes place that we are going to make sure 
it never happens again, but we haven't done it. But this is a big step 
forward. I thank my colleagues for their consideration of this 
legislation and urge their support.
  Mr. HOLT. Mr. Speaker, I rise today in support of the Robert C. Byrd 
Mine Safety Protection Act, H.R. 6495.
  As a scientist, I have paid some attention to mine safety technology 
and overall safety standards. I also feel strongly about the concerns 
of the mining industry because I was born and raised in West Virginia, 
where my father many years ago as a U.S. Senator, was known as one of 
the best friends a miner ever had.
  Today, coal mining is rated among the most dangerous jobs in America. 
It does not have to be that way. In the wake of the Sago, Darby, 
Crandall Canyon, and the recent Big Branch mine tragedy, I was pleased 
to work with Chairman Miller on the Committee on Education and Labor to 
write legislation that will hold negligent mine operators accountable 
and help the Mine Safety and Health Administration, MSHA, avoid future 
tragedies.
  The Robert C. Byrd Mine Safety Protection Act would help make 
underground mines with long histories of serious and repeat violations 
safer. This bill would increase the maximum penalties for those who 
tamper with or disable safety equipment and replace the flawed 
``pattern or violations'' sanction system with a rehabilitation program 
that is supported by mine workers and mine owners. Importantly, this 
bill protects miner's rights to blow the whistle when they know unsafe 
conditions exist.
  My good friend Cecil Roberts, the International President of the 
United Mine Workers of America, wrote to us in support of this bill and 
to remind us that 48 coal miners have died this year. Further, 600 mine 
workers have lost their lives in the last decade ``and thousands more 
have died from the crippling consequence of exposure to respirable coal 
dust--exposure resulting from chronic violation of existing 
standards.''
  Today we are updating our nation's laws to protect mine workers, make 
mines safer, and strengthen penalties for mine owners who put their 
workers in needless danger. We are doing this in memory of the coal 
miners who have lost their lives, to keep faith with their families, 
and to protect the lives of miners who still go to work every day.
  Mr. GEORGE MILLER of California. I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Etheridge). The question is on the 
motion offered by the gentleman from California (Mr. George Miller) 
that the House suspend the rules and pass the bill, H.R. 6495, as 
amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GUTHRIE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________