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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 854 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 S. 854

To improve compliance with mine safety and health laws, empower miners 
to raise safety concerns, prevent future mine tragedies, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

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

_______________________________________________________________________

                                 A BILL

 
To improve compliance with mine safety and health laws, empower miners 
to raise safety concerns, prevent future mine tragedies, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Robert C. Byrd 
Mine Safety Protection Act of 2017''.
    (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. Procedures and criteria for determining a pattern of 
                            violations.
Sec. 203. Injunctive authority.
Sec. 204. Revocation of approval of plans.
Sec. 205. Challenging a decision to approve, modify, or revoke a coal 
                            or other mine program or plan.
Sec. 206. GAO study on MSHA underground 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--MINERS' RIGHTS AND PROTECTIONS

Sec. 401. Protection from retaliation.
Sec. 402. Protection from loss of pay.
Sec. 403. Underground coal miner employment standard for mines with 
                            patterns of violations.
            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. Study on respirable dust standards.
Sec. 505. Refresher training on miners' rights and responsibilities.
Sec. 506. Authority to mandate additional training.
Sec. 507. Brookwood-Sago Mine Safety Grants.
Sec. 508. Certification of personnel.
Sec. 509. Electronic records requirement.
              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

Sec. 601. Definitions.
Sec. 602. Assistance to States.
Sec. 603. Double encumbrance; succession plan.
TITLE VII--AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

Sec. 701. Coverage of public employees.
Sec. 702. Enhanced protections from retaliation.
Sec. 703. Victims' rights.
Sec. 704. Correction of serious, willful, or repeated violations 
                            pending contest and procedures for a stay.
Sec. 705. Conforming amendments.
Sec. 706. Civil penalties.
Sec. 707. Criminal penalties.
Sec. 708. Penalties.
Sec. 709. Authorization of cooperative agreements by NIOSH Office of 
                            Mine Safety and Health.
Sec. 710. Effective date.

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--
            (1) 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 or 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 of Health and Human 
                        Services.
                            ``(iv) Composition.--The Secretary of 
                        Health and Human Services--
                                    ``(I) shall appoint as members of 
                                the Panel--
                                            ``(aa) 1 operator of a mine 
                                        or individual representing mine 
                                        operators; and
                                            ``(bb) 1 representative of 
                                        a labor organization that 
                                        represents miners; and
                                    ``(II) may not appoint more than 1 
                                of either type of individuals described 
                                in items (aa) and (bb) as members of 
                                the Panel.
                            ``(v) Staff and expenses.--The Director of 
                        NIOSH (referred to in this subsection as the 
                        `Director') 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 reemploy 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 
                        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 I of 
                        chapter 57 of title 5, United States Code, 
                        while away from their homes or regular places 
                        of business in the performance of services for 
                        the Panel.
                    ``(C) Duties.--The Panel shall--
                            ``(i) assess and identify any factors that 
                        caused the accident, including deficiencies in 
                        safety management systems, regulations, 
                        enforcement, industry practices or guidelines, 
                        or organizational failures;
                            ``(ii) identify and evaluate any 
                        contributing actions or inactions of--
                                    ``(I) the operator;
                                    ``(II) any contractors or other 
                                persons engaged in mining-related 
                                functions at the site;
                                    ``(III) any State agency with 
                                oversight responsibilities;
                                    ``(IV) any agency or office within 
                                the Department of Labor;
                                    ``(V) the Federal Mine Safety and 
                                Health Review Commission; or
                                    ``(VI) any other person or entity 
                                (including equipment manufacturers);
                            ``(iii) review the determinations and 
                        recommendations of 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 (5 U.S.C. App.). 
                All public hearings of the Panel shall be subject to 
                the requirements under section 552b of title 5, United 
                States Code.
                    ``(E) Memorandum of understanding.--Not later than 
                90 days after the date of enactment of the Robert C. 
                Byrd Mine Safety Protection Act of 2017, 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 such Secretary's investigation 
                        under paragraph (1) is not delayed or otherwise 
                        compromised by the activities of the Panel, and 
                        establishes a process to resolve any conflicts 
                        between such investigations;
                            ``(ii) ensures that Panel members or staff 
                        will be able to participate in investigation 
                        activities (such as mine inspections and 
                        interviews) related to the Secretary of Labor's 
                        investigation and will have full access to 
                        documents that are assembled or produced in 
                        such investigation, and ensures that the 
                        Secretary of Labor will make available to the 
                        Panel all of the authority provided under this 
                        section to such Secretary relating to obtaining 
                        information and witnesses, which may be 
                        requested by the 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 2017, the Secretary of Health and 
                Human Services shall establish procedures to ensure the 
                consistency and effectiveness of Panel investigations. 
                In establishing such procedures, such Secretary shall 
                consult with independent safety investigation agencies, 
                sectors of the mining industry, representatives of 
                miners, families of miners involved in fatal accidents, 
                State mine safety agencies, and mine rescue 
                organizations. Such procedures shall include--
                            ``(i) authority for the Panel to use 
                        evidence, samples, interviews, data, analyses, 
                        findings, or other information gathered by the 
                        Secretary of Labor, as the Panel determines 
                        valid;
                            ``(ii) provisions to ensure confidentiality 
                        if requested by any witness, to the extent 
                        permitted by law, and prevent conflicts of 
                        interest in witness representation; and
                            ``(iii) provisions for preservation of 
                        public access to the Panel's records through 
                        the Secretary of Health and Human Services.
                    ``(G) Subpoenas; witnesses; contempt.--
                            ``(i) Subpoena authority.--For the purpose 
                        of making any investigation of any accident or 
                        other occurrence relating to health or safety 
                        in a coal or other mine under this paragraph, 
                        the Director shall at the request of a majority 
                        of the Panel, or upon the initiative of such 
                        Director, sign and issue subpoenas for the 
                        attendance and testimony of witnesses and the 
                        production of relevant papers, books, and 
                        documents, and administer oaths. Witnesses 
                        summoned shall be paid the same fees and 
                        mileage that are paid witnesses in the courts 
                        of the United States.
                            ``(ii) Additional investigative 
                        authority.--In carrying out inspections and 
                        investigations under this paragraph, the staff 
                        of the Director or Panel and attorneys 
                        representing the Director or Panel are 
                        authorized to question any individual 
                        privately. Under this subparagraph, any 
                        individual who is willing to speak with or 
                        provide a statement to the Director or Panel's 
                        staff or their attorneys, may do so without the 
                        presence, involvement, or knowledge of the 
                        operator or the operator's agents or attorneys. 
                        The Director or Panel shall keep the identity 
                        of an individual providing such a statement 
                        confidential to the extent permitted by law. 
                        Nothing in this paragraph prevents any 
                        individual from being represented by that 
                        individual's personal attorney or other 
                        representative.
            ``(3) Powers and processes.--For the purpose''; and
            (2) by striking ``give testimony before the Secretary or to 
        appear and produce documents before the Secretary'' and 
        inserting ``give testimony before the Secretary (or, in the 
        case of a subpoena under paragraph (2)(G), the Director or 
        Panel) and produce documents before the Secretary (or, in such 
        case, the Director or Panel)''.
    (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)(2) received in the preceding 5 years,''.

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

    Section 103(b) (30 U.S.C. 813(b)), as so amended, is further 
amended by adding at the end the following:
            ``(4) Additional powers.--In carrying out inspections and 
        investigations under this subsection, authorized 
        representatives of the Secretary and attorneys representing the 
        Secretary are authorized to question any individual privately. 
        Under this section, any individual who is willing to speak with 
        or provide a statement to such authorized representatives or 
        attorneys representing the Secretary may do so without the 
        presence, involvement, or knowledge of the operator or the 
        operator's agents or attorneys. The Secretary shall keep the 
        identity of an individual providing such a statement 
        confidential to the extent permitted by law. Nothing in this 
        paragraph prevents any individual from being represented by 
        that individual's personal attorney or other representative.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection such sums as 
        may be necessary.''.

SEC. 103. DESIGNATION OF MINER REPRESENTATIVE.

    Section 103(f) (30 U.S.C. 813(f)) is amended by inserting before 
the last sentence the following: ``If any miner is entrapped, disabled, 
killed, or otherwise prevented as the result of an accident in such 
mine from designating such a representative directly, such miner's 
closest relative may act on behalf of such miner in designating such a 
representative. If any miner is not currently working in such mine as 
the result of an accident in such mine, but would be currently working 
in such mine but for such accident, such miner may designate such a 
representative. A representative of miners shall have the right to 
participate in any accident investigation the Secretary initiates 
pursuant to subsection (b), including the right to participate in 
investigative interviews and to review all relevant papers, books, 
documents, and records produced in connection with the accident 
investigation, unless the Secretary, in consultation with the Attorney 
General, excludes representatives of miners 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 Pattern of Violations.--Section 103(a) (30 U.S.C. 
813(a)), as so amended, is further amended by inserting before the last 
sentence the following: ``Upon request by an operator or authorized 
representative of such operator, during the course of the inspections 
required to carry out the requirements of clauses (3) and (4) or (at 
the discretion of the Secretary) during the pre-inspection conference, 
the Secretary shall review with the appropriate mine officials the 
Secretary's most recent determination regarding whether such operator 
has a pattern of violations under section 104(e) for the applicable 
coal or other mine.''.
    (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, of the miners employed by, or under the direction or 
authority of, such operator, and shall be maintained separately for 
each mine and be reported at a frequency determined by the Secretary, 
but not less than 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. Such independent contractors shall so report at a frequency 
determined by the Secretary, but not less than annually. Reports or 
records of operators 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 under section 118. 
Knowingly falsifying such reports or records 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)), as amended by this section, is further 
amended by adding at the end the following: ``During inspections and 
investigations under this section, and during any litigation under this 
Act, no attorney shall represent or purport to represent both the 
operator of a coal or other mine and any other individual, unless such 
individual has knowingly and voluntarily waived all actual and 
reasonably foreseeable conflicts of interest resulting from such 
representation. The Secretary is authorized to take such actions as the 
Secretary considers appropriate to ascertain whether such individual 
has knowingly and voluntarily waived all such conflicts of interest. If 
the Secretary finds that such an individual cannot be represented 
adequately by such an attorney due to such conflicts of interest, the 
Secretary may petition the appropriate United States district court 
which shall have jurisdiction to disqualify such attorney as counsel to 
such individual in the matter. The Secretary may make such a motion as 
part of an ongoing related civil action or as a miscellaneous 
action.''.

                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. PROCEDURES AND CRITERIA FOR DETERMINING A PATTERN OF 
              VIOLATIONS.

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

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 through the period and 
inserting ``a course of conduct that in the judgment of the Secretary 
constitutes a continuing hazard to the health or safety of miners, 
including violations of this Act or of mandatory health or safety 
standards or regulations under this Act.''.

SEC. 204. REVOCATION OF APPROVAL OF PLANS.

    Section 105 (30 U.S.C. 815) is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) in subsection (a), by striking ``subsection (d)'' and 
        inserting ``subsection (e)''; and
            (3) by inserting after subsection (c) the following:
    ``(d) Revocation of Approval of Programs or 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 program or plan 
        was approved have materially changed and that continued 
        operation of such mine or an area of such mine under such 
        program or 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 paragraph (1), 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 PROGRAM OR PLAN.

    Section 105(e) (30 U.S.C. 815(e)), as so redesignated by section 
204(1), 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 program or 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 UNDERGROUND MINE PLAN APPROVAL.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall provide a report to 
Congress on the timeliness of approval by the Mine Safety and Health 
Administration of plans, and amendments to such plans, for underground 
coal mines under the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 801 et seq.), including--
            (1) factors that contribute to any delays in the approval 
        of such plans; and
            (2) as appropriate, recommendations for improving 
        timeliness of plan review and for achieving prompt decisions 
        regarding such approval.

                          TITLE III--PENALTIES

SEC. 301. CIVIL PENALTIES.

    (a) Targeted Penalties.--Section 110(b) (30 U.S.C. 820(b)) is 
amended by adding at the end the following:
            ``(3) Any person may be assessed a civil penalty of not 
        more than $220,000 for--
                    ``(A) any change to a ventilation system or 
                ventilation control in a coal or other mine, where such 
                ventilation system or control is required by a 
                ventilation plan, safety standard, or order, and such 
                change is made without prior approval of the Secretary 
                and diminishes the level of protection below the 
                minimum requirements of the approved ventilation plan 
                or applicable safety standard or order;
                    ``(B) a violation of a mandatory health or safety 
                standard requiring rock dusting in a coal mine;
                    ``(C) a violation of the prohibition under section 
                103 on providing advance notice of an inspection; or
                    ``(D) a violation of a mandatory health or safety 
                standard requiring examinations of work areas in an 
                underground coal mine.''.
    (b) Increased Civil Penalties for Patterns of Violations.--Section 
110(b) (30 U.S.C. 820(b)), as so amended, is further amended by adding 
at the end the following:
    ``(4) Notwithstanding any other provision of this Act, an operator 
of a coal or other mine that has established a pattern of violations 
under section 104(e) shall be assessed an increased civil penalty for 
any violation of this Act, including any mandatory health or safety 
standard or regulation promulgated under this Act. Such increased 
penalty shall be twice the amount that would otherwise be assessed for 
the violation under this Act, including the regulations promulgated 
under this Act, subject to the maximum civil penalty established for 
the violation under this Act.''.
    (c) Civil Penalty for Retaliation.--Section 110(a) (30 U.S.C. 
820(a)) is 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.''.
    (d) Technical Amendment.--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,''.

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 a civil penalty 
        under this section, 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 
        any policy or practice that results in such conduct (having 
        reason to believe such a result would occur), shall be subject 
        to the same civil penalty under this section as such operator.
            ``(2) Criminal penalties.--Whenever an operator engages in 
        conduct for which the operator is subject to a criminal penalty 
        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 (knowing that 
        such a result would occur), shall be subject to the same 
        penalty under paragraph (1), (2), or (3) of subsection (d) as 
        such operator.''.

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.--Subject to paragraph (2), any operator 
        shall, upon conviction, be assessed a fine of not more than 
        $250,000, imprisoned for not more than 1 year, or both, if such 
        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 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)).
            ``(2) Previous conviction.--Any operator who commits a 
        violation under paragraph (1) after having been previously 
        convicted of a violation under such paragraph and knows or has 
        reason to know that such subsequent violation has the potential 
        to expose a miner to a risk of serious injury, serious illness, 
        or death, shall, upon such subsequent conviction, be fined not 
        more than $1,000,000, or imprisoned for not more than 5 years, 
        or both.
            ``(3) Significant risk of serious injury, serious illness, 
        or death.--
                    ``(A) In general.--Subject to subparagraph (B), any 
                operator shall, upon conviction, be fined not more than 
                $1,000,000 or imprisoned for not more than 5 years, or 
                both, if such operator recklessly exposes a miner to a 
                significant risk of serious injury, serious illness, or 
                death, by knowingly--
                            ``(i) tampering with or disabling a 
                        required safety device (except with express 
                        authorization from the Secretary);
                            ``(ii) violating a mandatory health or 
                        safety standard; or
                            ``(iii) violating (or failing or refusing 
                        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)).
                    ``(B) Exception.--Any operator who commits a 
                violation under subparagraph (A) after having been 
                previously convicted of a violation under such 
                subparagraph shall, upon such subsequent conviction, be 
                fined not more than $2,000,000, or imprisoned for not 
                more than 10 years, or both.
            ``(4) Interference with employment or livelihood.--
                    ``(A) In general.--Any operator shall be fined 
                under title 18, United States Code, imprisoned for not 
                more than 5 years, or both, if such operator knowingly, 
                and with any intent described in subparagraph (B), 
                interferes with the lawful employment or livelihood of 
                a person, or the spouse, sibling, child, or parent of a 
                person, because such person, spouse, sibling, child, or 
                parent provides information, in reasonable belief that 
                such information is true and related to an apparent 
                health or safety violation (or to an apparent unhealthy 
                or unsafe condition, policy, or practice) under this 
                Act, to an authorized representative of the Secretary, 
                to a State or local mine safety or health officer or 
                official, or to any other law enforcement officer or 
                official.
                    ``(B) Intent.--The intent required under 
                subparagraph (A) is the intent to--
                            ``(i) retaliate against a person, spouse, 
                        sibling, child, or parent described in such 
                        subparagraph; or
                            ``(ii) prevent such person, spouse, 
                        sibling, child, or parent from providing the 
                        information as described in such 
                        subparagraph.''.
    (b) Advance Notice of Inspections.--
            (1) In general.--Section 110(e) (30 U.S.C. 820(e)) is 
        amended to read as follows:
    ``(e) Advance Notice of Inspections.--
            ``(1) In general.--Subject to paragraph (2), any person 
        (other than the Secretary of Health and Human Services with 
        respect to inspections under clauses (1) and (2) of section 
        103(a)) who knowingly, with the intent to give advance notice 
        of an inspection conducted, or to be conducted, under this Act 
        and thereby with the intent 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, imprisoned for not more than 5 
        years, or both.
            ``(2) Offense by a miner.--Any miner (other than a 
        director, officer, or agent of the operator involved) who 
        commits the offense described in paragraph (1) at the direction 
        of a superior shall be fined under title 18, United States 
        Code, imprisoned not more than 1 year, or both, unless such 
        miner commits a subsequent offense under this subsection 
        (without regard to whether the offense was committed at the 
        direction of a superior) in which case such miner shall be 
        fined for such subsequent offense under title 18, United States 
        Code, imprisoned for not more than 5 years, or both.''.
            (2) Posting of advance notice penalties.--Section 109 (30 
        U.S.C. 819) is amended by adding at the end the following:
    ``(e) Posting of Advance Notice Penalties.--Each operator of a coal 
or other mine shall post, on the bulletin board described in subsection 
(a) and in a conspicuous place near each staffed entrance to the mine 
property, a notice stating, in a form and manner to be prescribed by 
the Secretary--
            ``(1) that it is unlawful under section 110(e) for any 
        person (other than the Secretary of Health and Human Services 
        with respect to inspections under clauses (1) and (2) of 
        section 103(a)), 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 section 
        110(e).''.

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(l) of the Federal Mine Safety and 
        Health Act of 1977 (30 U.S.C. 820(l)), as so amended, shall be 
        calculated as beginning on the date of enactment of this Act 
        instead of on the date of the final order.

                TITLE IV--MINERS' 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, cause to be discharged, cause discrimination 
                against, or otherwise interfere with the exercise of 
                the statutory rights of, any miner or other employee of 
                an operator, representative of miners, or applicant for 
                employment at a mine of such operator (including the 
                spouse, sibling, child, or parent of such miner, 
                employee, representative, or applicant, if such spouse, 
                sibling, child, or parent is employed or applying for 
                employment at a mine under the control of such 
                operator)--
                            ``(i) because such miner, employee, 
                        representative, or applicant--
                                    ``(I) has filed or made a 
                                complaint, or is about to file or make 
                                a complaint, including a complaint 
                                notifying such operator or the 
                                operator's agent, or the representative 
                                of the miners at such mine, of an 
                                alleged danger or safety or health 
                                violation in such mine;
                                    ``(II) has instituted or caused to 
                                be instituted, or is about to institute 
                                or cause to be instituted, any 
                                proceeding under or related to this 
                                Act;
                                    ``(III) has testified, or is about 
                                to testify, in any such proceeding or 
                                has testified, or is about to testify, 
                                before Congress or in any Federal or 
                                State proceeding related to safety or 
                                health in a coal or other mine;
                                    ``(IV) has exercised on behalf of 
                                any individual, including such miner, 
                                employee, representative, or applicant, 
                                any such statutory right;
                                    ``(V) has reported to such operator 
                                or agent any injury or illness; or
                                    ``(VI) has refused to violate any 
                                provision of this Act, including any 
                                mandatory health or safety standard or 
                                regulation promulgated under this Act;
                            ``(ii) because such miner is the subject of 
                        medical evaluations and potential transfer 
                        under a standard published pursuant to section 
                        101; or
                            ``(iii) where the discharge, 
                        discrimination, or other interference was based 
                        on a suspicion or belief that such miner, 
                        employee, representative, or applicant engaged 
                        in, or is about to engage in, any of the 
                        activities described in clause (i).
                    ``(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, or 
                        applicant for employment at a mine of such 
                        operator, for refusing to perform the duties of 
                        a miner, other employee, or applicant if such 
                        miner, other employee, or applicant has a good-
                        faith and reasonable belief that performing 
                        such duties would pose a safety or health 
                        hazard to such miner, other employee, or 
                        applicant, or to any other miner or employee.
                            ``(ii) Standard.--For purposes of clause 
                        (i), the circumstances causing the miner's, 
                        other employee's, or applicant'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, other 
                        employee, or applicant, would conclude that 
                        there is such a hazard. In order to qualify for 
                        protection under this paragraph, the miner, 
                        other employee, or applicant, 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 of an 
        operator, representative of miners, or applicant for employment 
        at a mine of such operator 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 such miner, employee, 
                representative, or applicant 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 a complaint under 
                paragraph (2), the Secretary shall--
                            ``(i) forward a copy of the complaint to 
                        the respondent;
                            ``(ii) commence an investigation within 15 
                        days of the Secretary's receipt of the 
                        complaint; and
                            ``(iii) as soon as practicable after 
                        commencing the investigation under clause (ii), 
                        make the determination required under 
                        subparagraph (B).
                    ``(B) Reinstatement.--If the Secretary finds that a 
                complaint under paragraph (2) was not frivolously 
                brought, the Commission, on an expedited basis upon 
                application of the Secretary, shall order the immediate 
                reinstatement of the miner, employee, or representative 
                described in such paragraph until there has been a 
                final Commission order disposing of the underlying 
                complaint. If either the Secretary or such miner, 
                employee, or representative 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 such miner, employee, or 
                representative pursues the underlying complaint within 
                the periods specified in paragraph (4), such 
                reinstatement shall remain in effect until such time as 
                the Commission may, upon motion of the operator and 
                after providing notice and an opportunity to be heard 
                to the parties, vacate such complaint for failure to 
                prosecute.
                    ``(C) Investigation.--Such investigation shall 
                include interviewing the complainant and--
                            ``(i) providing the respondent an 
                        opportunity to submit to the Secretary a 
                        written response to the complaint and to 
                        present statements from witnesses or provide 
                        evidence; and
                            ``(ii) providing the complainant an 
                        opportunity to receive any statements or 
                        evidence provided to the Secretary and to 
                        provide additional information or evidence, or 
                        to rebut any statements or evidence.
                    ``(D) Action by the secretary.--If, upon such 
                investigation, the Secretary determines that the 
                provisions of this subsection have been violated, the 
                Secretary shall immediately file a complaint with the 
                Commission, with service upon the alleged violator and 
                the miner, employee, representative, or applicant 
                described in paragraph (2) 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, 
                employee, representative, or applicant described in 
                paragraph (2) 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, employee, or representative described in 
                        paragraph (2) with back pay and interest and 
                        without loss of position or seniority, and 
                        restoration of the terms, rights, conditions, 
                        and privileges associated with the 
                        complainant's employment;
                            ``(ii) any other compensatory and 
                        consequential damages sufficient to make the 
                        complainant whole, and exemplary damages where 
                        appropriate; and
                            ``(iii) expungement of all warnings, 
                        reprimands, or derogatory references that have 
                        been placed in paper or electronic records or 
                        databases of any type relating to the actions 
                        by the complainant that gave rise to the 
                        unfavorable personnel action, and, at the 
                        complainant's direction, transmission of a copy 
                        of the decision on the complaint to any person 
                        whom the complainant reasonably believes may 
                        have received such unfavorable information.
            ``(4) Notice to and action of complainant.--
                    ``(A) Notice to complainant.--Not later than 90 
                days after the receipt of a complaint filed under 
                paragraph (2), the Secretary shall notify, in writing, 
                the miner, employee, representative, or applicant 
                described in paragraph (2) of the determination of such 
                Secretary on whether a violation has occurred.
                    ``(B) Action of complainant.--If the Secretary, 
                upon investigation, determines that the provisions of 
                this subsection have not been violated, the complainant 
                shall have the right, within 30 days after receiving 
                notice of the Secretary's determination, to file an 
                action in his or her own behalf before the Commission, 
                charging discrimination or interference in violation of 
                paragraph (1).
                    ``(C) Hearing and decision.--The Commission shall 
                afford an opportunity for a hearing on the record (in 
                accordance with section 554 of title 5, United States 
                Code, but without regard to subsection (a)(3) of such 
                section), and thereafter shall issue an order, based 
                upon findings of fact, dismissing or sustaining the 
                complainant's charges and, if the charges are 
                sustained, granting such relief as it deems appropriate 
                as described in paragraph (3)(F). Such order shall 
                become final 30 days after its issuance.
            ``(5) Burden of proof.--In adjudicating a complaint 
        pursuant to this subsection, the Commission may determine that 
        a violation of paragraph (1) has occurred only if the 
        complainant demonstrates that any conduct described in 
        paragraph (1) with respect to the complainant was a 
        contributing factor in the adverse action alleged in the 
        complaint. A decision or order that is favorable to the 
        complainant shall not be issued pursuant to this subsection if 
        the respondent demonstrates by clear and convincing evidence 
        that the respondent would have taken the same adverse action in 
        the absence of such conduct.
            ``(6) Attorneys' fees.--Whenever an order is issued 
        sustaining the complainant's charges under this subsection, a 
        sum equal to the aggregate amount of all costs and expenses, 
        including attorney's fees, as determined by the Commission to 
        have been reasonably incurred by the complainant for, or in 
        connection with, the institution and prosecution of such 
        proceedings shall be assessed against the person committing 
        such violation. The Commission shall determine whether such 
        costs and expenses were reasonably incurred by the complainant 
        without reference to whether the Secretary also participated in 
        the proceeding.
            ``(7) Expedited proceedings; judicial review.--Proceedings 
        under this subsection shall be expedited by the Secretary and 
        the Commission. Any order issued by the Commission under this 
        subsection shall be subject to judicial review in accordance 
        with section 106. Violations by any person of paragraph (1) 
        shall be subject to the provisions of sections 108 and 
        110(a)(4).
            ``(8) Procedural rights.--The rights and remedies provided 
        for in this subsection may not be waived by any agreement, 
        policy, form, or condition of employment, including by any pre-
        dispute arbitration agreement or collective bargaining 
        agreement.
            ``(9) Savings.--Nothing in this subsection shall be 
        construed to diminish the rights, privileges, or remedies of 
        any individual 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.--
                    ``(A) Shifts at time of order.--If a coal or other 
                mine, or an 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 during which they are so 
                idled, but for not more than the balance of such shift.
                    ``(B) Subsequent shifts.--If such order is not 
                terminated prior to the working shift succeeding the 
                shift described in subparagraph (A), all miners 
                assigned to such succeeding shift who are idled by such 
                order shall be entitled to compensation by the operator 
                at their regular rates of pay for the period during 
                which they are so idled, but not for more than one half 
                of the hours of such shift, or 4 hours of such shift, 
                whichever is greater.
                    ``(C) Extended closures.--If a coal or other mine, 
                or an area of such mine, is closed by an order issued 
                under section 103, 104, 107, 108, or 110, all miners 
                who are idled by such order, for a shift succeeding the 
                shift described in subparagraph (B), 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 period for which they are 
                idled, but not for more than 60 days.
            ``(2) Closure in advance of order.--
                    ``(A) In general.--If the Secretary determines that 
                a coal or other mine, or an area of such mine, was 
                closed by the operator in anticipation of the issuance 
                of an order described in paragraph (1), all miners who 
                are idled by such closure shall be entitled, subject to 
                subparagraph (B), 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, but not for more 
                than 60 days.
                    ``(B) Exception.--The entitlement under 
                subparagraph (A) shall not apply if 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 that results in a 
payment to a miner under subsection (a), the operator shall have the 
right to an expedited review before the Commission in the same manner 
as the procedure under section 316(b)(2)(G)(ii) (including the 
deadlines under such section).''.

SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR MINES WITH 
              PATTERNS OF VIOLATIONS.

    Title I (30 U.S.C. 811 et seq.) is further amended by adding at the 
end the following:

``SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR MINES WITH 
              PATTERNS OF VIOLATIONS.

    ``(a) In General.--For the purpose of ensuring the health and 
safety of miners and the right of miners to raise health or safety 
concerns, an operator of an underground coal mine who has received 
notice of a pattern of violations under section 104(e) in such mine, 
for 3 years after receipt of such notice, may not discharge or 
constructively discharge a miner employed at such mine without 
reasonable grounds based on a failure of such miner to satisfactorily 
perform the duties required for work as a miner, including compliance 
with the provisions of this Act, regulations promulgated under this 
Act, mandatory health or safety standards under any other law, or any 
other legitimate business reason, if--
            ``(1) the miner is paid on an hourly basis; and
            ``(2) the miner has completed the employer's probationary 
        period, which in no case shall exceed 6 months.
    ``(b) Cause of Action.--A miner aggrieved by a violation of 
subsection (a) may file a complaint in the United States district court 
in the district where the mine is located not later than 1 year after 
such violation.
    ``(c) Remedies.--For a miner who prevails under subsection (b), the 
appropriate United States district court shall provide remedies to 
further the objectives of this Act, which may include reinstatement of 
such miner to the former position of such miner with back pay and 
compensatory damages. Such remedies shall include reasonable attorneys' 
fees and costs.
    ``(d) Pre-Dispute Waiver Prohibited.--The right of a miner to a 
cause of action under this section may not be waived with respect to 
any dispute that has 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 (B), each operator of an 
underground coal mine shall implement a communication program at the 
underground coal mine to ensure that each miner (prior to traveling to 
or arriving at the work area of such miner and commencing the assigned 
tasks of such miner) is orally briefed on and made aware of--
            ``(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 2017, the Secretary shall 
promulgate interim final rules implementing the requirements of 
subparagraph (A).
    ``(C) Not later than 2 years after the promulgation of the interim 
final rules under subparagraph (B), the Secretary shall issue a final 
rule implementing the requirements of subparagraph (A).''.

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 
        through the period and inserting ``80 percent. Where methane is 
        present in any ventilating current, the percentage of 
        incombustible content of such combined dusts shall be increased 
        0.4 percent for each 0.1 percent of methane.''; and
            (3) by adding at the end the following:
            ``(2) Methods of measurement.--
                    ``(A) In general.--Each operator of an underground 
                coal mine shall take accurate and representative 
                samples that 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.--In order to ensure 
                timely assessment and compliance, the Secretary shall, 
                not later than 180 days after the date of enactment of 
                the Robert C. Byrd Mine Safety Protection Act of 2017, 
                require operators to measure total incombustible 
                content (or an equivalent measure of explosibility) in 
                samples of combined coal dust, rock dust, and other 
                dust, using direct reading monitors that the Secretary 
                has approved for use in an underground coal mine, such 
                as coal dust explosibility monitors.
                    ``(C) Regulations.--The Secretary shall, not later 
                than 180 days after the date of enactment of the Robert 
                C. Byrd Mine Safety Protection Act of 2017, promulgate 
                an interim final rule that prescribes methods for 
                operator sampling of total incombustible content (or an 
                equivalent measure of explosibility) in samples of 
                combined coal dust, rock dust, and other dust using 
                direct reading monitors and that 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 2017, the Secretary of Health and 
                Human Services shall, based upon the latest research, 
                recommend to the Secretary of Labor any revisions to 
                the mandatory operator sampling locations, methods, and 
                intervals included in the interim final rule described 
                in subparagraph (C) that may be warranted in light of 
                such research.
            ``(3) Limitation.--Until the Secretary promulgates a final 
        rule under paragraph (4)(B), any measurement taken by a direct 
        reading monitor described in paragraph (2)(B) shall not be 
        admissible to establish a violation in an enforcement action 
        under this Act.
            ``(4) Report and rulemaking authority.--
                    ``(A) Report.--Not later than 2 years after the 
                date of enactment of the Robert C. Byrd Mine Safety 
                Protection Act of 2017, the Secretary of Health and 
                Human Services, in consultation with the Secretary of 
                Labor, shall prepare and submit, to the Committee on 
                Education and the Workforce of the House of 
                Representatives and the Committee on Health, Education, 
                Labor, and Pensions of the Senate, a report--
                            ``(i) regarding whether any direct reading 
                        monitor described in paragraph (2)(B) is 
                        sufficiently reliable and accurate for the 
                        enforcement of the mandatory health or safety 
                        standards by the Secretary of Labor under this 
                        Act, and whether additional improvement to such 
                        direct reading monitor, or additional 
                        verification regarding reliability and 
                        accuracy, would be needed for enforcement 
                        purposes; and
                            ``(ii) identifying any limitations or 
                        impediments for such use in underground coal 
                        mines.
                    ``(B) Authority.--If the Secretary determines, 
                following a report under subparagraph (A) (or an update 
                to such report), that any direct reading monitor 
                described in paragraph (2)(B) is sufficiently reliable 
                and accurate for the enforcement of mandatory health or 
                safety standards under this Act, the Secretary shall, 
                after the submission of such report or update, 
                promulgate a final rule authorizing the use of such 
                direct reading monitor for purposes of compliance with, 
                and enforcement of, such standards and authorizing the 
                use of other methods for determining total 
                incombustible content. Such final rule shall specify 
                mandatory operator sampling locations, methods, and 
                intervals.''.
    (b) Rock Dust Recordkeeping.--Section 304 (30 U.S.C. 864) is 
further amended--
            (1) by redesignating subsection (e) as subsection (f);
            (2) by inserting after subsection (d) the following:
    ``(e) Rock Dust Recordkeeping.--The operator of each coal mine 
shall maintain and continuously update a record of the amount of rock 
dust purchased for each such mine.''; and
            (3) in subsection (f), as so redesignated, by striking 
        ``Subsections (b) through (d)'' and inserting ``Subsections (b) 
        through (e)''.

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) General regulations.--Not later than 1 year after the 
        date of enactment of the Robert C. Byrd Mine Safety Protection 
        Act of 2017, the Secretary shall, following consultation with 
        the Director of the National Institute for Occupational Safety 
        and Health, promulgate regulations requiring that each operator 
        of an underground coal mine install atmospheric monitoring 
        systems that--
                    ``(A) protect miners where the miners normally work 
                and travel;
                    ``(B) assist in mine emergency response and the 
                conduct of accident investigations;
                    ``(C) provide real-time information regarding 
                methane, oxygen, and carbon monoxide levels, and 
                airflow direction, as appropriate, with sensing, 
                annunciating, and recording capabilities; and
                    ``(D) can, to the maximum extent practicable, 
                withstand explosions and fires.
            ``(2) Additional regulations.--The regulations promulgated 
        under paragraph (1) shall, if determined appropriate after an 
        evaluation by the Secretary, include--
                    ``(A) the installation of atmospheric monitoring 
                and recording devices for mining equipment;
                    ``(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) the implementation of other technologies 
                available to conduct continuous atmospheric 
                monitoring.''.

SEC. 504. STUDY ON RESPIRABLE DUST STANDARDS.

    (a) Study.--Beginning one month after the date of enactment of this 
Act, the Secretary of Labor shall undertake a retrospective study on 
the effectiveness of the final rule of the Department of Labor entitled 
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors'', published at 79 Fed. Reg. 24814 
(May 1, 2014), and evaluate the data regarding the use of continuous 
personal dust monitors, to determine whether--
            (1) the 1.5 mg/m\3\ respirable dust standard that was 
        included in such final rule should be further lowered to better 
        protect the health of miners;
            (2) the frequency of sampling continuous personal dust 
        monitors should be increased;
            (3) engineering controls and work practices used by mine 
        operators to achieve and maintain the required respirable coal 
        mine dust levels should be modified; and
            (4) samples taken on shifts longer than 8 hours should be 
        converted to an 8-hour equivalent concentration to protect 
        miners who work longer shifts.
    (b) Report.--
            (1) Initial report.--Upon beginning the study under 
        subsection (a), the Secretary of Labor shall transmit a copy of 
        such study to Congress, notifying Congress that such study has 
        commenced.
            (2) Annual reports.--For each year after the commencement 
        of the study under subsection (a) and until such study is 
        completed, the Secretary of Labor shall transmit a report to 
        Congress on the progress of such study.
            (3) Final report.--Upon completion of the study under 
        subsection (a), the Secretary of Labor shall submit a final 
        report of such study to Congress.

SEC. 505. REFRESHER TRAINING ON MINERS' 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 no less than 9 hours of 
        refresher training, no less frequently than once every 12 
        months. 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, and shall be through a program of instruction 
        developed by the Secretary and delivered by an employee of the 
        Administration (or 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), as so amended, 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 the rights of such miners under this Act and 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 such hotline shall be 
provided in a portable, convenient format, such as a durable wallet 
card, to enable miners to keep such information on their person.''.
    (c) Timing of Initial Statutory Rights Training.--Notwithstanding 
section 115 of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 825) (as so amended) 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), as so amended, is 
further amended--
            (1) by redesignating subsections (e) and (f) (as so 
        redesignated) as subsections (f) and (g), respectively; and
            (2) by inserting after subsection (d) (as so 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;
                    ``(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; or
                    ``(iii) an operator has a history of failing to 
                adequately train miners, as required by this Act or the 
                regulations promulgated under this Act; and
                    ``(B) additional training would benefit the health 
                or safety of miners at the mine.
            ``(2) Withdrawal order.--If the operator fails to provide 
        training ordered under paragraph (1) within the specified time 
        provided by the Secretary under such paragraph, the Secretary 
        shall issue an order requiring such operator to cause all 
        affected persons, except 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. BROOKWOOD-SAGO MINE SAFETY GRANTS.

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

SEC. 508. CERTIFICATION OF PERSONNEL.

    (a) In General.--Title I (30 U.S.C. 811 et seq.), as so amended, 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 other 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 
        2017, the Secretary shall issue mandatory standards to 
        establish--
                    ``(A) requirements for the certification, 
                registration, qualification, or other approval 
                described in subsection (a), including the experience, 
                examinations, and references that may be required as 
                appropriate;
                    ``(B) time limits for such certification, 
                registration, qualification, or other approval, 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--
                            ``(i) the Secretary (or a State agency, as 
                        applicable) responds to requests for 
                        revocation; and
                            ``(ii) the names of individuals, whose 
                        certification, registration, qualification, 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 the 
        standards required under paragraph (1), the Secretary shall 
        consult with States that have miner certification programs to 
        ensure effective coordination with existing State standards and 
        requirements for certification. The standards required under 
        paragraph (1) shall provide that the certification, 
        registration, qualification, or other approval of the State in 
        which the coal or other mine is located satisfies the 
        requirement of subsection (a) if the State's program of 
        certification, registration, qualification, or other approval 
        is no less stringent than the standards established by the 
        Secretary under paragraph (1).
    ``(c) Operator Fees for Certification.--
            ``(1) Assessment and collection.--Beginning 180 days after 
        the date of enactment of the Robert C. Byrd Mine Safety 
        Protection Act of 2017, 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 certification programs that meet the 
        standards established under this section.
            ``(2) Use.--Amounts collected under paragraph (1) shall 
        only be available to the Secretary, in accordance with 
        paragraph (3), for making expenditures to carry out the 
        certification programs established under this section.
            ``(3) Authorization of appropriations.--In addition to 
        funds authorized to be appropriated under section 114, there is 
        authorized to be appropriated to the Secretary 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 Administration has not been 
        enacted, the Administration 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 on which 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 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 duties or provide any training described 
in subsection (a) without a current certification, registration, 
qualification, or other approval that meets the requirements of this 
section shall be considered to have committed an unwarrantable failure 
under section 104(d)(1), and the Secretary shall issue an order 
requiring that such person be withdrawn or reassigned to duties that do 
not require such certification, registration, qualification, or other 
approval.''.
    (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 (l) as 
        paragraphs (1) through (10), respectively.

SEC. 509. ELECTRONIC RECORDS REQUIREMENT.

    Section 103 (30 U.S.C. 802) is amended by adding at the end the 
following:
    ``(l) Electronic Records.--Not later than 180 days after the date 
of enactment of the Robert C. Byrd Mine Safety Protection Act of 2017, 
the Secretary shall promulgate regulations requiring that mine 
operators retain records and data required by this Act, or otherwise 
required by the Secretary, that are created, stored, or transmitted in 
electronic form. Such records shall include records pertaining to miner 
safety and health, tracking and communications, atmospheric monitoring 
of methane, carbon monoxide, oxygen, coal dust and other mine 
conditions, equipment usage history and operating parameters, equipment 
calibration and maintenance, and other information relevant to 
compliance with Federal mine health or safety laws and regulations. Not 
later than 2 years after the date of enactment of such Act, the 
Secretary shall promulgate a regulation regarding the minimum necessary 
capabilities of equipment to retain, store, and recover data created or 
transmitted in electronic form.''.

              TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS

SEC. 601. DEFINITIONS.

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

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

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

SEC. 701. COVERAGE OF PUBLIC EMPLOYEES.

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

SEC. 702. ENHANCED PROTECTIONS FROM RETALIATION.

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

SEC. 703. VICTIMS' RIGHTS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) is amended by inserting after section 9 (29 U.S.C. 658) the 
following:

``SEC. 9A. VICTIMS' RIGHTS.

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

SEC. 704. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS 
              PENDING CONTEST AND PROCEDURES FOR A STAY.

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

SEC. 705. CONFORMING AMENDMENTS.

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

SEC. 706. CIVIL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$70,000'' and inserting 
                ``$120,000'';
                    (B) by striking ``$5,000'' and inserting 
                ``$8,000''; and
                    (C) by adding at the end the following: ``In 
                determining whether a violation is repeated, the 
                Secretary shall consider the employer's history of 
                violations under this Act and under State occupational 
                safety and health plans established under section 18. 
                If such a willful or repeated violation caused or 
                contributed to the death of an employee, such civil 
                penalty amounts shall be increased to not more than 
                $250,000 for each such violation, but not less than 
                $50,000 for each such violation, except that for an 
                employer with 25 or fewer employees such penalty shall 
                not be less than $25,000 for each such violation.'';
            (2) in subsection (b)--
                    (A) by striking ``$7,000'' and inserting 
                ``$12,000''; and
                    (B) by adding at the end the following: ``If such a 
                violation caused or contributed to the death of an 
                employee, such civil penalty amounts shall be increased 
                to not more than $50,000 for each such violation, but 
                not less than $20,000 for each such violation, except 
                that for an employer with 25 or fewer employees such 
                penalty shall not be less than $10,000 for each such 
                violation.'';
            (3) in subsection (c), by striking ``$7,000'' and inserting 
        ``$12,000'';
            (4) in subsection (d), as amended by section 705, by 
        striking ``$7,000'' each place it occurs and inserting 
        ``$12,000'';
            (5) by redesignating subsections (e) through (l) as 
        subsections (f) through (m), respectively; and
            (6) in subsection (j) (as redesignated by paragraph (5)), 
        by striking ``$7,000'' and inserting ``$12,000;''.
    (b) Inflation Adjustment.--Section 17 of such Act is further 
amended by inserting after subsection (d) the following:
    ``(e) Amounts provided under this section for civil penalties shall 
be adjusted by the Secretary at least once during each 4-year period 
beginning January 1 after the date of enactment of the Robert C. Byrd 
Mine Safety Protection Act of 2017, to account for the percentage 
increase or decrease in the Consumer Price Index for all urban 
consumers during such period.''.

SEC. 707. CRIMINAL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) (as amended by sections 705 and 706) is 
further amended--
            (1) by amending subsection (f), as so redesignated, to read 
        as follows:
    ``(f)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6, or of any regulation prescribed 
under this Act, and that violation caused or contributed to the death 
of any employee, shall, upon conviction, be punished by a fine in 
accordance with title 18, United States Code, by imprisonment for not 
more than 10 years, or by both, except that if the conviction is for a 
violation committed after a first conviction of such person under this 
subsection or subsection (i), punishment shall be by a fine in 
accordance title 18, United States Code, by imprisonment for not more 
than 20 years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3, any 
officer or director.'';
            (2) in subsection (g), as so redesignated, by striking 
        ``fine of not more than $1,000 or by imprisonment for not more 
        than six months,'' and inserting ``fine in accordance with 
        title 18, United States Code, or by imprisonment for not more 
        than 2 years,'';
            (3) in subsection (h), as so redesignated, by striking 
        ``fine of not more than $10,000, or by imprisonment for not 
        more than six months,'' and inserting ``fine in accordance with 
        title 18, United States Code, or by imprisonment for not more 
        than 5 years,'';
            (4) by redesignating subsections (j) through (m), as so 
        redesignated, as subsections (k) through (n), respectively; and
            (5) by inserting after subsection (i) the following:
    ``(j)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6, or any regulation prescribed under 
this Act, and that violation causes or contributes to serious bodily 
harm to any employee but does not cause death to any employee, shall, 
upon conviction, be punished by a fine in accordance with title 18, 
United States Code, by imprisonment for not more than 5 years, or by 
both, except that if the conviction is for a violation committed after 
a first conviction of such person under this subsection or subsection 
(e), punishment shall be by a fine in accordance with title 18, United 
States Code, by imprisonment for not more than 10 years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3, any 
officer or director.
    ``(3) For purposes of this subsection, the term `serious bodily 
harm' means bodily injury or illness that involves--
            ``(A) a substantial risk of death;
            ``(B) protracted unconsciousness;
            ``(C) protracted and obvious physical disfigurement; or
            ``(D) protracted loss or impairment, either temporary or 
        permanent, of the function of a bodily member, organ, or mental 
        faculty.''.
    (b) Jurisdiction for Prosecution Under State and Local Criminal 
Laws.--Section 17 of such Act (29 U.S.C. 666) (as amended by this Act) 
is further amended by adding at the end the following:
    ``(o) Nothing in this Act shall preclude a State or local law 
enforcement agency from conducting criminal prosecutions in accordance 
with the laws of such State or locality.''.

SEC. 708. PENALTIES.

    Subsection (n) of section 17 the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 666), as redesignated by sections 706 and 707, is 
amended by adding at the end the following: ``Pre-final order interest 
on such penalties shall begin to accrue on the date the party contests 
a citation issued under this Act, and shall end upon the issuance of 
the final order. Such pre-final order interest shall be calculated at 
the current underpayment rate determined by the Secretary of the 
Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, 
and shall be compounded daily. Post-final order interest shall begin to 
accrue 30 days after the date a final order of the Commission or the 
court is issued, and shall be charged at the rate of 8 percent per 
year.''.

SEC. 709. AUTHORIZATION OF COOPERATIVE AGREEMENTS BY NIOSH OFFICE OF 
              MINE SAFETY AND HEALTH.

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

SEC. 710. EFFECTIVE DATE.

    (a) General Rule.--Except as provided for in subsection (b), this 
title and the amendments made by this title shall take effect not later 
than 90 days after the date of the enactment of this Act.
    (b) Exception for States and Political Subdivisions.--The following 
are exceptions to the effective date described in subsection (a):
            (1) A State that has a State plan approved under section 18 
        of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
        667) shall amend its State plan to conform with the 
        requirements of this title, and the amendments made by this 
        title, not later than 12 months after the date of the enactment 
        of this Act. The Secretary of Labor may extend the period for a 
        State to make such amendments to its State plan by not more 
        than 12 months, if the State's legislature is not in session 
        during the 12-month period beginning with the date of the 
        enactment of this Act. Such amendments to the State plan shall 
        take effect not later than 90 days after the adoption of such 
        amendments by such State.
            (2) This title and the amendments made by this Act shall 
        take effect not later than 36 months after the date of the 
        enactment of this Act with respect to a workplace of a State, 
        or a political subdivision of a State, that does not have a 
        State plan approved under such section 18 (29 U.S.C. 667).
                                 <all>
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