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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2803 Enrolled Bill (ENR)]

        S.2803

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
 To amend the Federal Mine Safety and Health Act of 1977 to improve the 
                       safety of mines and mining.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. EMERGENCY RESPONSE.

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

                    ``(I) emergency supplies of breathable air for 
                individuals trapped underground sufficient to maintain 
                such individuals for a sustained period of time;
                    ``(II) in addition to the 2 hours of breathable air 
                per miner required by law under the emergency temporary 
                standard as of the day before the date of enactment of 
                the Mine Improvement and New Emergency Response Act of 
                2006, caches of self-rescuers providing in the 
                aggregate not less than 2 hours per miner to be kept in 
                escapeways from the deepest work area to the surface at 
                a distance of no further than an average miner could 
                walk in 30 minutes;
                    ``(III) a maintenance schedule for checking the 
                reliability of self rescuers, retiring older self-
                rescuers first, and introducing new self-rescuer 
                technology, such as units with interchangeable air or 
                oxygen cylinders not requiring doffing to replenish 
                airflow and units with supplies of greater than 60 
                minutes, as they are approved by the Administration and 
                become available on the market; and
                    ``(IV) training for each miner in proper procedures 
                for donning self-rescuers, switching from one unit to 
                another, and ensuring a proper fit.

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

SEC. 3. INCIDENT COMMAND AND CONTROL.

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

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

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

SEC. 4. MINE RESCUE TEAMS.

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

SEC. 5. PROMPT INCIDENT NOTIFICATION.

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

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

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

SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS.

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

SEC. 8. PENALTIES.

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

SEC. 9. FINE COLLECTIONS.

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

SEC. 10. SEALING OF ABANDONED AREAS.

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

SEC. 11. TECHNICAL STUDY PANEL.

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

``SEC. 514. TECHNICAL STUDY PANEL.

    ``(a) Establishment.--There is established a Technical Study Panel 
(referred to in this section as the `Panel') which shall provide 
independent scientific and engineering review and recommendations with 
respect to the utilization of belt air and the composition and fire 
retardant properties of belt materials in underground coal mining.
    ``(b) Membership.--The Panel shall be composed of--
        ``(1) two individuals to be appointed by the Secretary of 
    Health and Human Services, in consultation with the Director of the 
    National Institute for Occupational Safety and Health and the 
    Associate Director of the Office of Mine Safety;
        ``(2) two individuals to be appointed by the Secretary of 
    Labor, in consultation with the Assistant Secretary for Mine Safety 
    and Health; and
        ``(3) two individuals, one to be appointed jointly by the 
    majority leaders of the Senate and House of Representatives and one 
    to be appointed jointly by the minority leader of the Senate and 
    House of Representatives, each to be appointed prior to the sine 
    die adjournment of the second session of the 109th Congress.
    ``(c) Qualifications.--Four of the six individuals appointed to the 
Panel under subsection (b) shall possess a masters or doctoral level 
degree in mining engineering or another scientific field demonstrably 
related to the subject of the report. No individual appointed to the 
Panel shall be an employee of any coal or other mine, or of any labor 
organization, or of any State or Federal agency primarily responsible 
for regulating the mining industry.
    ``(d) Report.--
        ``(1) In general.--Not later than 1 year after the date on 
    which all members of the Panel are appointed under subsection (b), 
    the Panel shall prepare and submit to the Secretary of Labor, the 
    Secretary of Health and Human Services, the Committee on Health, 
    Education, Labor, and Pensions of the Senate, and the Committee on 
    Education and the Workforce of the House of Representatives a 
    report concerning the utilization of belt air and the composition 
    and fire retardant properties of belt materials in underground coal 
    mining.
        ``(2) Response by secretary.--Not later than 180 days after the 
    receipt of the report under paragraph (1), the Secretary of Labor 
    shall provide a response to the Committee on Health, Education, 
    Labor, and Pensions of the Senate and the Committee on Education 
    and the Workforce of the House of Representatives containing a 
    description of the actions, if any, that the Secretary intends to 
    take based upon the report, including proposing regulatory changes, 
    and the reasons for such actions.
    ``(e) Compensation.--Members appointed to the Panel, while carrying 
out the duties of the Panel shall be entitled to receive compensation, 
per diem in lieu of subsistence, and travel expenses in the same manner 
and under the same conditions as that prescribed under section 208(c) 
of the Public Health Service Act.''.

SEC. 12. SCHOLARSHIPS.

    Title V of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 951 et seq.), as amended by section 11, is further amended by 
adding at the end the following:

``SEC. 515. SCHOLARSHIPS.

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

SEC. 13. RESEARCH CONCERNING REFUGE ALTERNATIVES.

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

SEC. 14. BROOKWOOD-SAGO MINE SAFETY GRANTS.

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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