II 

109TH CONGRESS 

2D SESSION S. 2803 

To amend the Federal Mine Safety and Health Act of 1977 to improve 

the safety of mines and mining. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2006 

Mr. ENZI (for himself, Mr. KENNEDY, Mr. ISAKSON, Mrs. MURRAY, Mr. 

ROCKEFELLER, Mr. BYRD, Mr. DEWINE, and Mr. SANTORUM) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Federal Mine Safety and Health Act of 1977 

to improve the safety of mines and mining. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mine Improvement and 

5 New Emergency Response Act of 2006’’ or the ‘‘MINER 

6 Act’’. 

7 SEC. 2. EMERGENCY RESPONSE. 

8 Section 316 of the Federal Mine Safety and Health 

9 Act of 1977 (30 U.S.C. 876) is amended— 


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1 (1) in the section heading by adding at the end 

2 the following: ‘‘AND EMERGENCY RESPONSE PLANS’’; 

3 (2) by striking ‘‘Telephone’’ and inserting ‘‘(a) 

4 IN GENERAL.—Telephone’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(b) ACCIDENT PREPAREDNESS AND RESPONSE.— 

7 ‘‘(1) IN GENERAL.—Each underground coal 

8 mine operator shall carry out on a continuing basis 

9 a program to improve accident preparedness and re10 sponse at each mine. 

11 ‘‘(2) RESPONSE AND PREPAREDNESS PLAN.— 

12 ‘‘(A) IN GENERAL.—Not later than 60 

13 days after the date of enactment of the Mine 

14 Improvement and New Emergency Response 

15 Act of 2006, each underground coal mine oper16 ator shall develop and adopt a written accident 

17 response plan that complies with this subsection 

18 with respect to each mine of the operator, and 

19 periodically update such plans to reflect 

20 changes in operations in the mine, advances in 

21 technology, or other relevant considerations. 

22 Each such operator shall make the accident re23 sponse plan available to the miners and the 

24 miners’ representatives. 


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1 ‘‘(B) PLAN REQUIREMENTS.—An accident 

2 response plan under subparagraph (A) shall— 

3 ‘‘(i) provide for the evacuation of all 

4 individuals endangered by an emergency; 

5 and 

6 ‘‘(ii) provide for the maintenance of 

7 individuals trapped underground in the 

8 event that miners are not able to evacuate 

9 the mine. 

10 ‘‘(C) PLAN APPROVAL.—The accident re11 sponse plan under subparagraph (A) shall be 

12 subject to review and approval by the Secretary. 

13 In determining whether to approve a particular 

14 plan the Secretary shall take into consideration 

15 all comments submitted by miners or their rep16 resentatives. Approved plans shall— 

17 ‘‘(i) afford miners a level of safety 

18 protection at least consistent with the ex19 isting standards, including standards man20 dated by law and regulation; 

21 ‘‘(ii) reflect the most recent credible 

22 scientific research; 

23 ‘‘(iii) be technologically feasible, make 

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1 nology, and account for the specific phys2 ical characteristics of the mine; and 

3 ‘‘(iv) reflect the improvements in mine 

4 safety gained from experience under this 

5 Act and other worker safety and health 

6 laws. 

7 ‘‘(D) PLAN REVIEW.—The accident re8 sponse plan under subparagraph (A) shall be 

9 reviewed periodically, but at least every 6 

10 months, by the Secretary. In such periodic re11 views, the Secretary shall consider all comments 

12 submitted by miners and miners’ representa13 tives and intervening advancements in science 

14 and technology that could be implemented to 

15 enhance miners’ ability to evacuate or otherwise 

16 survive in an emergency. 

17 ‘‘(E) PLAN CONTENT-GENERAL REQUIRE18 MENTS.—To be approved under subparagraph 

19 (C), an accident response plan shall include the 

20 following: 

21 ‘‘(i) POST-ACCIDENT COMMUNICA22 TIONS.—The plan shall provide for a re23 dundant means of communication with the 

24 surface for persons underground, such as 


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1 secondary telephone or equivalent two-way 

2 communication. 

3 ‘‘(ii) POST-ACCIDENT TRACKING.— 

4 Consistent with commercially available 

5 technology and with the physical con6 straints, if any, of the mine, the plan shall 

7 provide for above ground personnel to de8 termine the current, or immediately pre-ac9 cident, location of all underground per10 sonnel. Any system so utilized shall be 

11 functional, reliable, and calculated to re12 main serviceable in a post-accident setting. 

13 ‘‘(iii) POST-ACCIDENT BREATHABLE

14 AIR.—The plan shall provide for— 

15 ‘‘(I) emergency supplies of 

16 breathable air for individuals trapped 

17 underground sufficient to maintain 

18 such individuals for a sustained period 

19 of time; 

20 ‘‘(II) caches of self-rescuers pro21 viding in the aggregate not less than 

22 2 hours for each miner to be kept in 

23 escapeways from the deepest work 

24 area to the surface at a distance of no 


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1 further than an average miner could 

2 walk in 30 minutes; 

3 ‘‘(III) a maintenance schedule for 

4 checking the reliability of self res5 cuers, retiring older self-rescuers first, 

6 and introducing new self-rescuer tech7 nology, such as units with inter8 changeable air or oxygen cylinders not 

9 requiring doffing to replenish airflow 

10 and units with supplies of greater 

11 than 60 minutes, as they are approved 

12 by the Administration and become 

13 available on the market; and 

14 ‘‘(IV) training for each miner in 

15 proper procedures for donning self16 rescuers, switching from one unit to 

17 another, and ensuring a proper fit. 

18 ‘‘(iv) POST-ACCIDENT LIFELINES.— 

19 The plan shall provide for the use of 

20 flame-resistant directional lifelines or 

21 equivalent systems in escapeways to enable 

22 evacuation. The flame-resistance require23 ment of this clause shall apply upon the re24 placement of existing lifelines, or, in the 

25 case of lifelines in working sections, upon 


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1 the earlier of the replacement of such life2 lines or 3 years after the date of enact3 ment of the Mine Improvement and New 

4 Emergency Response Act of 2006. 

5 ‘‘(v) TRAINING.—The plan shall pro6 vide a training program for emergency pro7 cedures described in the plan which will 

8 not diminish the requirements for manda9 tory health and safety training currently 

10 required under section 115. 

11 ‘‘(vi) LOCAL COORDINATION.—The 

12 plan shall set out procedures for coordina13 tion and communication between the oper14 ator, mine rescue teams, and local emer15 gency response personnel and make provi16 sions for familiarizing local rescue per17 sonnel with surface functions that may be 

18 required in the course of mine rescue work. 

19 ‘‘(F) PLAN CONTENT-SPECIFIC REQUIRE20 MENTS.— 

21 ‘‘(i) IN GENERAL.—In addition to the 

22 content requirements contained in subpara23 graph (E), and subject to the consider24 ations contained in subparagraph (C), the 

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1 quirements with respect to any of the con2 tent matters. 

3 ‘‘(ii) POST ACCIDENT COMMUNICA4 TIONS.—Not later than 3 years after the 

5 date of enactment of the Mine Improve6 ment and New Emergency Response Act of 

7 2006, a plan shall, to be approved, provide 

8 for post accident communication between 

9 underground and surface personnel via a 

10 wireless two-way medium, and provide for 

11 an electronic tracking system permitting 

12 surface personnel to determine the location 

13 of any persons trapped underground or set 

14 forth within the plan the reasons such pro15 visions can not be adopted. Where such 

16 plan sets forth the reasons such provisions 

17 can not be adopted, the plan shall also set 

18 forth the operator’s alternative means of 

19 compliance. Such alternative shall approxi20 mate, as closely as possible, the degree of 

21 functional utility and safety protection pro22 vided by the wireless two-way medium and 

23 tracking system referred to in this subpart. 

24 ‘‘(G) PLAN DISPUTE RESOLUTION.— 


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1 ‘‘(i) IN GENERAL.—Any dispute be2 tween the Secretary and an operator with 

3 respect to the content of the operator’s 

4 plan or any refusal by the Secretary to ap5 prove such a plan shall be resolved on an 

6 expedited basis. 

7 ‘‘(ii) DISPUTES.—In the event of a 

8 dispute or refusal described in clause (i), 

9 the Secretary shall issue a technical cita10 tion which shall be immediately referred to 

11 a Department of Labor Administrative 

12 Law Judge. The Secretary and the oper13 ator shall submit all relevant material re14 garding the dispute to the Administrative 

15 Law Judge within 15 days of the date of 

16 the referral. The Administrative Law 

17 Judge shall render his or her decision with 

18 respect to the plan content dispute within 

19 15 days of the receipt of the submission. 

20 ‘‘(iii) FURTHER APPEALS.—A party 

21 adversely affected by a decision under 

22 clause (ii) may pursue all further available 

23 appeal rights with respect to the citation 

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1 ited by such appeal unless such relief is re2 quested by the operator and permitted by 

3 the Administrative Law Judge. 

4 ‘‘(iv) RULE OF CONSTRUCTION.— 

5 Nothing in this subparagraph shall be con6 strued to modify the authority of the Sec7 retary to issue citations or orders as pro8 vided for in this Act. 

9 ‘‘(H) MAINTAINING PROTECTIONS FOR

10 MINERS.—Notwithstanding any other provision 

11 of this Act, nothing in this section, and no re12 sponse and preparedness plan developed under 

13 this section, shall be approved if it reduces the 

14 protection afforded miners by an existing man15 datory health or safety standard.’’. 

16 SEC. 3. INCIDENT COMMAND AND CONTROL. 

17 Title I of the Federal Mine Safety and Health Act 

18 of 1977 (30 U.S.C. 811 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RES21 CUE OPERATIONS. 

22 ‘‘(a) IN GENERAL.—No person shall bring an action 

23 against any covered individual or his or her regular em24 ployer for property damage or an injury (or death) sus25 tained as a result of carrying out activities relating to 


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1 mine accident rescue or recovery operations. This sub2 section shall not apply where the action that is alleged to 

3 result in the property damages or injury (or death) was 

4 the result of gross negligence, reckless conduct, or illegal 

5 conduct or, where the regular employer (as such term is 

6 used in this Act) is the operator of the mine at which the 

7 rescue activity takes place. Nothing in this section shall 

8 be construed to preempt State workers’ compensation laws 

9 ‘‘(b) COVERED INDIVIDUAL.—For purposes of sub10 section (a), the term ‘covered individual’ means an indi11 vidual— 

12 ‘‘(1) who is a member of a mine rescue team 

13 or who is otherwise a volunteer with respect to a 

14 mine accident; and 

15 ‘‘(2) who is carrying out activities relating to 

16 mine accident rescue or recovery operations. 

17 ‘‘(c) REGULAR EMPLOYER.—For purposes of sub18 section (a), the term ‘regular employer’ means the entity 

19 that is the covered employee’s legal or statutory employer 

20 pursuant to applicable State law.’’. 

21 SEC. 4. MINE RESCUE TEAMS. 

22 Section 115(e) of the Federal Mine Safety and 

23 Health Act of 1977 (30 U.S.C. 825(e)) is amended— 

24 (1) by inserting ‘‘(1)’’ after the subsection des25 ignation; and 


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1 (2) by adding at the end the following: 

2 ‘‘(1)(A) The Secretary shall issue regulations with re3 gard to mine rescue teams which shall be finalized and 

4 in effect not later than 18 months after the date of enact5 ment of the Mine Improvement and New Emergency Re6 sponse Act of 2006. 

7 ‘‘(B) Such regulations shall provide for the following: 

8 ‘‘(i) That such regulations shall not be con9 strued to waive operator training requirements appli10 cable to existing mine rescue teams. 

11 ‘‘(ii) That the Mine Safety and Health Admin12 istration shall establish, and update every 5 years 

13 thereafter, criteria to certify the qualifications of 

14 mine rescue teams. 

15 ‘‘(iii)(I) That the operator of each underground 

16 coal mine with more than 36 employees— 

17 ‘‘(aa) have an employee knowledgeable in 

18 mine emergency response who is employed at 

19 the mine on each shift at each underground 

20 mine; and 

21 ‘‘(bb) make available two certified mine 

22 rescue teams whose members— 

23 ‘‘(AA) are familiar with the operations 

24 of such coal mine; 


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1 ‘‘(BB) participate at least annually in 

2 two local mine rescue contests; 

3 ‘‘(CC) participate at least annually in 

4 mine rescue training at the underground 

5 coal mine covered by the mine rescue team; 

6 and 

7 ‘‘(DD) are available at the mine with8 in one hour ground travel time from the 

9 mine rescue station. 

10 ‘‘(II)(aa) For the purpose of complying with 

11 subclause (I), an operator shall employ one team 

12 that is either an individual mine site mine rescue 

13 team or a composite team as provided for in item 

14 (bb). 

15 ‘‘(bb) The following options may be used by an 

16 operator to comply with the requirements of item 

17 (aa): 

18 ‘‘(AA) An individual mine-site mine rescue 

19 team. 

20 ‘‘(BB) A multi-employer composite team 

21 that is made up of team members who are 

22 knowledgeable about the operations and ventila23 tion of the covered mines and who train on a 

24 semi-annual basis at the covered underground 

25 coal mine— 


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1 ‘‘(aaa) which provides coverage for 

2 multiple operators that have team mem3 bers which include at least two active em4 ployees from each of the covered mines; 

5 ‘‘(bbb) which provides coverage for 

6 multiple mines owned by the same operator 

7 which members include at least two active 

8 employees from each mine; or 

9 ‘‘(ccc) which is a State-sponsored 

10 mine rescue team comprised of at least two 

11 active employees from each of the covered 

12 mines. 

13 ‘‘(CC) A commercial mine rescue team pro14 vided by contract through a third-party vendor 

15 or mine rescue team provided by another coal 

16 company, if such team— 

17 ‘‘(aaa) trains on a quarterly basis at 

18 covered underground coal mines; 

19 ‘‘(bbb) is knowledgeable about the op20 erations and ventilation of the covered 

21 mines; and 

22 ‘‘(ccc) is comprised of individuals with 

23 a minimum of 3 years underground coal 

24 mine experience that shall have occurred 

25 within the 10-year period preceding their 


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1 employment on the contract mine rescue 

2 team. 

3 ‘‘(DD) A State-sponsored team made up of 

4 State employees. 

5 ‘‘(iv) That the operator of each underground 

6 coal mine with 36 or less employees shall— 

7 ‘‘(I) have an employee on each shift who is 

8 knowledgeable in mine emergency responses; 

9 and 

10 ‘‘(II) make available two certified mine res11 cue teams whose members— 

12 ‘‘(aa) are familiar with the operations 

13 of such coal mine; 

14 ‘‘(bb) participate at least annually in 

15 two local mine rescue contests; 

16 ‘‘(cc) participate at least semi-annu17 ally in mine rescue training at the under18 ground coal mine covered by the mine res19 cue team; 

20 ‘‘(dd) are available at the mine within 

21 one hour ground travel time from the mine 

22 rescue station; 

23 ‘‘(ee) are knowledgeable about the op24 erations and ventilation of the covered 

25 mines; and 


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1 ‘‘(ff) are comprised of individuals with 

2 a minimum of 3 years underground coal 

3 mine experience that shall have occurred 

4 within the 10-year period preceding their 

5 employment on the contract mine rescue 

6 team.’’. 

7 SEC. 5. PROMPT INCIDENT NOTIFICATION. 

8 (a) IN GENERAL.—Section 103(j) of the Federal 

9 Mine Safety and Health Act of 1977 (30 U.S.C. 813(j)) 

10 is amended by inserting after the first sentence the fol11 lowing: ‘‘For purposes of the preceding sentence, the noti12 fication required shall be provided by the operator within 

13 15 minutes of the time at which the operator realizes that 

14 the death of an individual at the mine, or an injury or 

15 entrapment of an individual at the mine which has a rea16 sonable potential to cause death, has occurred.’’. 

17 (b) PENALTY.—Section 110(a) of the Federal Mine 

18 Safety and Health Act of 1977 (30 U.S.C. 820(a)) is 

19 amended— 

20 (1) by striking ‘‘The operator’’ and inserting 

21 ‘‘(1) The operator’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(2) The operator of a coal or other mine who fails 

24 to provide timely notification to the Secretary as required 

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1 ment) shall be assessed a civil penalty by the Secretary 

2 of not less than $5,000 and not more than $60,000.’’. 

3 SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 

4 AND HEALTH. 

5 (a) GRANTS.—Section 22 of the Occupational Safety 

6 and Health Act of 1970 (29 U.S.C. 671) is amended by 

7 adding at the end the following: 

8 ‘‘(h) OFFICE OF MINE SAFETY AND HEALTH.— 

9 ‘‘(1) IN GENERAL.—There shall be permanently 

10 established within the Institute an Office of Mine 

11 Safety and Health which shall be administered by an 

12 Associate Director to be appointed by the Director. 

13 ‘‘(2) PURPOSE.—The purpose of the Office is to 

14 enhance the development of new mine safety tech15 nology and technological applications and to expedite 

16 the commercial availability and implementation of 

17 such technology in mining environments. 

18 ‘‘(3) FUNCTIONS.—In addition to all purposes 

19 and authorities provided for under this section, the 

20 Office of Mine Safety and Health shall be respon21 sible for research, development, and testing of new 

22 technologies and equipment designed to enhance 

23 mine safety and health. To carry out such functions 

24 the Director of the Institute, acting through the Of25 fice, shall have the authority to— 


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1 ‘‘(A) award competitive grants to institu2 tions and private entities to encourage the de3 velopment and manufacture of mine safety 

4 equipment; 

5 ‘‘(B) award contracts to educational insti6 tutions or private laboratories for the perform7 ance of product testing or related work with re8 spect to new mine technology and equipment; 

9 and 

10 ‘‘(C) establish an interagency working 

11 group as provided for in paragraph (5). 

12 ‘‘(4) GRANT AUTHORITY.—To be eligible to re13 ceive a grant under the authority provided for under 

14 paragraph (3)(A), an entity or institution shall— 

15 ‘‘(A) submit to the Director of the Insti16 tute an application at such time, in such man17 ner, and containing such information as the Di18 rector may require; and 

19 ‘‘(B) include in the application under sub20 paragraph (A), a description of the mine safety 

21 equipment to be developed and manufactured 

22 under the grant and a description of the rea23 sons that such equipment would otherwise not 

24 be developed or manufactured, including reaVerDate Aug 31 2005 09:01 May 24, 2006 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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1 sons relating to the limited potential commer2 cial market for such equipment. 

3 ‘‘(5) INTERAGENCY WORKING GROUP.— 

4 ‘‘(A) ESTABLISHMENT.—The Director of 

5 the Institute, in carrying out paragraph (3)(D) 

6 shall establish an interagency working group to 

7 share technology and technological research and 

8 developments that could be utilized to enhance 

9 mine safety and accident response. 

10 ‘‘(B) MEMBERSHIP.—The working group 

11 under subparagraph (A) shall be chaired by the 

12 Associate Director of the Office who shall ap13 point the members of the working group, which 

14 may include representatives of other Federal 

15 agencies or departments as determined appro16 priate by the Associate Director. 

17 ‘‘(C) DUTIES.—The working group under 

18 subparagraph (A) shall conduct an evaluation 

19 of research conducted by, and the technological 

20 developments of, agencies and departments who 

21 are represented on the working group that may 

22 have applicability to mine safety and accident 

23 response and make recommendations to the Di24 rector for the further development and eventual 

25 implementation of such technology. 


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1 ‘‘(6) ANNUAL REPORT.—Not later than 1 year 

2 after the establishment of the Office under this sub3 section, and annually thereafter, the Director of the 

4 Institute shall submit to the Committee on Health, 

5 Education, Labor, and Pensions of the Senate and 

6 the Committee on Education and the Workforce of 

7 the House of Representatives a report that, with re8 spect to the year involved, described the new mine 

9 safety technologies and equipment that have been 

10 studied, tested, and certified for use, and with re11 spect to those instances of technologies and equip12 ment that have been considered but not yet certified 

13 for use, there reasons therefore. 

14 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated, such sums 

16 as may be necessary to enable the Institute and the 

17 Office of Mine Safety and Health to carry out this 

18 subsection.’’. 

19 SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS. 

20 The Secretary of Labor shall establish a policy that— 

21 (1) requires the temporary assignment of an in22 dividual Department of Labor official to be a liaison 

23 between the Department and the families of victims 

24 of mine tragedies involving multiple deaths; 


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1 (2) requires the Mine Safety and Health Ad2 ministration to be as responsive as possible to re3 quests from the families of mine accident victims for 

4 information relating to mine accidents; and 

5 (3) requires that in such accidents, that the 

6 Mine Safety and Health Administration shall serve 

7 as the primary communicator with the operator, 

8 miners’ families, the press and the public. 

9 SEC. 8. PENALTIES. 

10 (a) IN GENERAL.—Section 110 of the Federal Mine 

11 Safety and Health Act of 1977 (30 U.S.C. 820) is amend12 ed— 

13 (1) in subsection (a)— 

14 (A) by inserting ‘‘(1)’’ after the subsection 

15 designation; and 

16 (B) by adding at the end the following: 

17 ‘‘(2) Any operator who willfully violates a mandatory 

18 health or safety standard, or knowingly violates or fails 

19 or refuses to comply with any order issued under section 

20 104 and section 107, or any order incorporated in a final 

21 decision issued under this title, except an order incor22 porated in a decision under paragraph (1) or section 

23 105(c), shall, upon conviction, be punished by a fine of 

24 not more than $250,000, or by imprisonment for not more 

25 than one year, or by both, except that if the conviction 


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1 is for a violation committed after the first conviction of 

2 such operator under this Act, punishment shall be by a 

3 fine of not more than $500,000, or by imprisonment for 

4 not more than five years, or both. 

5 ‘‘(3)(A) The minimum penalty for any citation issued 

6 under section 104(d)(1) shall be $2,000. 

7 ‘‘(B) The minimum penalty for a failure or refusal 

8 to comply with any order issued under section 104(d)(2) 

9 shall be $4,000. 

10 ‘‘(4) Nothing in this subsection shall be construed to 

11 prevent an operator from obtaining a review, in accord12 ance with section 106, of an order imposing a penalty de13 scribed in this subsection. If a court, in making such re14 view, sustains the order, the court shall apply the min15 imum penalties required under this subsection.’’; and 

16 (2) by adding at the end of subsection (b) the 

17 following: ‘‘Violations under this section that are 

18 deemed to be flagrant may be assessed a civil pen19 alty of not more than $220,000. For purposes of the 

20 preceding sentence, the term ‘flagrant’ with respect 

21 to a violation means a reckless or repeated failure to 

22 make reasonable efforts to eliminate a known viola23 tion of a mandatory health or safety standard that 

24 substantially and proximately caused, or reasonably 


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1 could have been expected to cause, death or serious 

2 bodily injury.’’. 

3 (b) REGULATIONS.—Not later than December 31, 

4 2006, the Secretary of Labor shall promulgate final regu5 lations with respect to the penalties provided for under 

6 the amendments made by this section. 

7 SEC. 9. FINE COLLECTIONS. 

8 Section 108(a)(1)(A) of the Federal Mine Safety and 

9 Health Act of 1977 (30 U.S.C. 818(a)(1)(A)) is amended 

10 by inserting before the comma, the following: ‘‘, or fails 

11 or refuses to comply with any order or decision, including 

12 a civil penalty assessment order, that is issued under this 

13 Act’’. 

14 SEC. 10. SEALING OF ABANDONED AREAS. 

15 Not later than 18 months after the issuance by the 

16 Mine Safety and Health Administration of a final report 

17 on the Sago Mine accident or the date of enactment of 

18 the Mine Improvement and New Emergency Response Act 

19 of 2006, whichever occurs earlier, the Secretary of Labor 

20 shall finalize mandatory heath and safety standards relat21 ing to the sealing of abandoned areas in underground coal 

22 mines. Such health and safety standards shall provide for 

23 an increase in the 20 psi standard currently set forth in 

24 section 75.335(a)(2) of title 30, Code of Federal Regula25 tions. 


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1 SEC. 11. TECHNICAL STUDY PANEL. 

2 Title V of the Federal Mine Safety and Health Act 

3 of 1977 (30 U.S.C. 951 et seq.) is amended by adding 

4 at the end the following: 

5 ‘‘SEC. 514. TECHNICAL STUDY PANEL. 

6 ‘‘(a) ESTABLISHMENT.—There is established a Tech7 nical Study Panel (referred to in this section as the 

8 ‘Panel’) which shall provide independent scientific and en9 gineering review and recommendations with respect to the 

10 utilization of belt air and the composition and fire retard11 ant properties of belt materials in underground coal min12 ing. 

13 ‘‘(b) MEMBERSHIP.—The Panel shall be composed 

14 of— 

15 ‘‘(1) two individuals to be appointed by the Sec16 retary of Health and Human Services, in consulta17 tion with the Director of the National Institute for 

18 Occupational Safety and Health and the Associate 

19 Director of the Office of Mine Safety; 

20 ‘‘(2) two individuals to be appointed by the Sec21 retary of Labor, in consultation with the Assistant 

22 Secretary for Mine Safety and Health; and 

23 ‘‘(3) two individuals, one to be appointed jointly 

24 by the majority leaders of the Senate and House of 

25 Representatives and one to be appointed jointly by 

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1 resentatives, each to be appointed prior to the sine 

2 die adjournment of the second session of the 109th 

3 Congress. 

4 ‘‘(c) QUALIFICATIONS.—Four of the six individuals 

5 appointed to the Panel under subsection (b) shall possess 

6 a masters or doctoral level degree in mining engineering 

7 or another scientific field demonstrably related to the sub8 ject of the report. No individual appointed to the Panel 

9 shall be an employee of any coal or other mine, or of any 

10 labor organization, or of any State or Federal agency pri11 marily responsible for regulating the mining industry. 

12 ‘‘(d) REPORT.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date on which all members of the Panel are ap15 pointed under subsection (b), the Panel shall pre16 pare and submit to the Secretary of Labor, the Sec17 retary of Health and Human Services, the Com18 mittee on Health, Education, Labor, and Pensions 

19 of the Senate, and the Committee on Education and 

20 the Workforce of the House of Representatives a re21 port concerning the utilization of belt air and the 

22 composition and fire retardant properties of belt ma23 terials in underground coal mining. 

24 ‘‘(2) RESPONSE BY SECRETARY.—Not later 

25 than 180 days after the receipt of the report under 


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1 paragraph (1), the Secretary of Labor shall provide 

2 a response to the Committee on Health, Education, 

3 Labor, and Pensions of the Senate and the Com4 mittee on Education and the Workforce of the 

5 House of Representatives containing a description of 

6 the actions, if any, that the Secretary intends to 

7 take based upon the report, including proposing reg8 ulatory changes, and the reasons for such actions. 

9 ‘‘(e) COMPENSATION.—Members appointed to the 

10 panel, while carrying out the duties of the Panel shall be 

11 entitled to receive compensation, per diem in lieu of sub12 sistence, and travel expenses in the same manner and 

13 under the same conditions as that prescribed under section 

14 208(c) of the Public Health Service Act.’’. 

15 SEC. 12. SCHOLARSHIPS. 

16 Title V of the Federal Mine Safety and Health Act 

17 of 1977 (30 U.S.C. 951 et seq.), as amended by section 

18 12, is further amended by adding at the end the following: 

19 ‘‘SEC. 515. SCHOLARSHIPS. 

20 ‘‘(a) ESTABLISHMENT.—The Secretary of Education 

21 (referred to in this section as the ‘Secretary’), in consulta22 tion with the Secretary of Labor and the Secretary of 

23 Health and Human Services, shall establish a program to 

24 provide scholarships to eligible individuals to increase the 

25 skilled workforce for both private sector coal mine operaVerDate Aug 31 2005 09:01 May 24, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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1 tors and mine safety inspectors and other regulatory per2 sonnel for the Mine Safety and Health Administration. 

3 ‘‘(b) FUNDAMENTAL SKILLS SCHOLARSHIPS.— 

4 ‘‘(1) IN GENERAL.—Under the program under 

5 subsection (a), the Secretary may award scholarship 

6 to fully or partially pay the tuition costs of eligible 

7 individuals enrolled in 2-year associate’s degree pro8 grams at community colleges or other colleges and 

9 universities that focus on providing the fundamental 

10 skills and training that is of immediate use to a be11 ginning coal miner. 

12 ‘‘(2) SKILLS.—The skills described in para13 graph (1) shall include basic math, basic health and 

14 safety, business principles, management and super15 visory skills, skills related to electric circuitry, skills 

16 related to heavy equipment operations, and skills re17 lated to communications. 

18 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

19 scholarship under this subsection an individual 

20 shall— 

21 ‘‘(A) have a high school diploma or a 

22 GED; 

23 ‘‘(B) have at least 2 years experience in 

24 full-time employment in mining or mining-re25 lated activities; 


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1 ‘‘(C) submit to the Secretary an applica2 tion at such time, in such manner, and con3 taining such information; and 

4 ‘‘(D) demonstrate an interest in working in 

5 the field of mining and performing an intern6 ship with the Mine Safety and Health Adminis7 tration or the National Institute for Occupa8 tional Safety and Health Office of Mine Safety. 

9 ‘‘(c) MINE SAFETY INSPECTOR SCHOLARSHIPS.— 

10 ‘‘(1) IN GENERAL.—Under the program under 

11 subsection (a), the Secretary may award scholarship 

12 to fully or partially pay the tuition costs of eligible 

13 individuals enrolled in undergraduate bachelor’s de14 gree programs at accredited colleges or universities 

15 that provide the skills needed to become mine safety 

16 inspectors. 

17 ‘‘(2) SKILLS.—The skills described in para18 graph (1) include skills developed through programs 

19 leading to a degree in mining engineering, civil engi20 neering, mechanical engineering, electrical engineer21 ing, industrial engineering, environmental engineer22 ing, industrial hygiene, occupational health and safe23 ty, geology, chemistry, or other fields of study re24 lated to mine safety and health work. 


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1 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

2 scholarship under this subsection an individual 

3 shall— 

4 ‘‘(A) have a high school diploma or a 

5 GED; 

6 ‘‘(B) have at least 5 years experience in 

7 full-time employment in mining or mining-re8 lated activities; 

9 ‘‘(C) submit to the Secretary an applica10 tion at such time, in such manner, and con11 taining such information; and 

12 ‘‘(D) agree to be employed for a period of 

13 at least 5 years at the Mine Safety and Health 

14 Administration or, to repay, on a pro-rated 

15 basis, the funds received under this program, 

16 plus interest, at a rate established by the Sec17 retary upon the issuance of the scholarship. 

18 ‘‘(d) ADVANCED RESEARCH SCHOLARSHIPS.— 

19 ‘‘(1) IN GENERAL.—Under the program under 

20 subsection (a), the Secretary may award scholar21 ships to fully or partially pay the tuition costs of eli22 gible individuals enrolled in undergraduate bach23 elor’s degree, masters degree, and Ph.D. degree pro24 grams at accredited colleges or universities that pro25 vide the skills needed to augment and advance reVerDate Aug 31 2005 09:01 May 24, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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1 search in mine safety and to broaden, improve, and 

2 expand the universe of candidates for mine safety in3 spector and other regulatory positions in the Mine 

4 Safety and Health Administration. 

5 ‘‘(2) SKILLS.—The skills described in para6 graph (1) include skills developed through programs 

7 leading to a degree is mining engineering, civil engi8 neering, mechanical engineering, electrical engineer9 ing, industrial engineering, environmental engineer10 ing, industrial hygiene, occupational health and safe11 ty, geology, chemistry, or other fields of study re12 lated to mine safety and health work. 

13 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

14 scholarship under this subsection an individual 

15 shall— 

16 ‘‘(A) have a bachelor’s degree or equivalent 

17 from an accredited 4-year institution; 

18 ‘‘(B) have at least 5 years experience in 

19 full-time employment in underground mining or 

20 mining-related activities; and 

21 ‘‘(C) submit to the Secretary an applica22 tion at such time, in such manner, and con23 taining such information. 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section.’’. 

4 SEC. 13. RESEARCH CONCERNING REFUGE ALTERNATIVES. 

5 (a) IN GENERAL.—The National Institute of Occupa6 tional Safety and Health shall provide for the conduct of 

7 research, including field tests, concerning the utility, prac8 ticality, survivability, and cost of various refuge alter9 natives in an underground coal mine environment, includ10 ing commercially-available portable refuge chambers. 

11 (b) REPORT.— 

12 (1) IN GENERAL.—Not later than 18 months 

13 after the date of enactment of this Act, the National 

14 Institute for Occupational Safety and Health shall 

15 prepare and submit to the Secretary of Labor, the 

16 Secretary of Health and Human Services, the Com17 mittee on Health, Education, Labor, and Pensions 

18 of the Senate, and the Committee on Education and 

19 the Workforce of the House of Representatives a re20 port concerning the results of the research con21 ducted under subsection (a), including any field 

22 tests. 

23 (2) RESPONSE BY SECRETARY.—Not later than 

24 180 days after the receipt of the report under para25 graph (1), the Secretary of Labor shall provide a reVerDate Aug 31 2005 09:01 May 24, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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1 sponse to the Committee on Health, Education, 

2 Labor, and Pensions of the Senate and the Com3 mittee on Education and the Workforce of the 

4 House of Representatives containing a description of 

5 the actions, if any, that the Secretary intends to 

6 take based upon the report, including proposing reg7 ulatory changes, and the reasons for such actions. 

8 SEC. 14. SAGO MINE SAFETY GRANTS. 

9 (a) IN GENERAL.—The Secretary of Labor shall es10 tablish a program to award competitive grants for edu11 cation and training to carry out the purposes of this sec12 tion. 

13 (b) PURPOSES.—It is the purpose of this section, to 

14 provide for the funding of education and training pro15 grams to better identify, avoid, and prevent unsafe work16 ing conditions in and around mines. 

17 (c) ELIGIBILITY.—To be eligible to receive a grant 

18 under this section, an entity shall— 

19 (1) be a public or private nonprofit entity; and 

20 (2) submit to the Secretary of Labor an appli21 cation at such time, in such manner, and containing 

22 such information as the Secretary may require. 

23 (d) USE OF FUNDS.—Amounts received under a 

24 grant under this section shall be used to establish and im25 plement education and training programs, or to develop 


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1 training materials for employers and miners, concerning 

2 safety and health topics in mines, as determined appro3 priate by the Mine Safety and Health Administration. 

4 (e) AWARDING OF GRANTS.— 

5 (1) ANNUAL BASIS.—Grants under this section 

6 shall be awarded on an annual basis. 

7 (2) SPECIAL EMPHASIS.—In awarding grants 

8 under this section, the Secretary of Labor shall give 

9 special emphasis to programs and materials that tar10 get workers in smaller mines, including training 

11 miners and employers about new Mine Safety and 

12 Health Administration standards, high risk activi13 ties, or hazards identified by such Administration. 

14 (3) PRIORITY.—In awarding grants under this 

15 section, the Secretary of Labor shall give priority to 

16 the funding of pilot and demonstration projects that 

17 the Secretary determines will provide opportunities 

18 for broad applicability for mine safety. 

19 (f) EVALUATION.—The Secretary of Labor shall use 

20 not less than 1 percent of the funds made available to 

21 carry out this section in a fiscal year to conduct evalua22 tions of the projects funded under grants under this sec23 tion. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for each fiscal year, 

3 such sums as may be necessary to carry out this section. 

Æ 


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