```

[109th Congress Public Law 236]
[From the U.S. Government Printing Office]

[DOCID: f:publ236.109]

[[Page 120 STAT. 493]]

Public Law 109-236
109th Congress

                                 An Act

 
 To amend the Federal Mine Safety and Health Act of 1977 to improve the 
    safety of mines and mining. <<NOTE: June 15, 2006 -  [S. 2803]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Mine Improvement and New 
Emergency Response Act of 2006. 30 USC 801 note.>> 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) <<NOTE: Deadline.>> 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

[[Page 120 STAT. 494]]

                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;

[[Page 120 STAT. 495]]

                                    ``(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. <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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.--

[[Page 120 STAT. 496]]

                          ``(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) <<NOTE: Citation. Deadlines.>> 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. <<NOTE: 30 USC 826.>> 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.''.

[[Page 120 STAT. 497]]

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) <<NOTE: Regulations. Deadline.>> 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) <<NOTE: Certification.>> 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--

[[Page 120 STAT. 498]]

                          ``(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.--

[[Page 120 STAT. 499]]

            ``(1) <<NOTE: Establishment.>> 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.

[[Page 120 STAT. 500]]

            ``(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. <<NOTE: 30 USC 801 note.>> 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 <<NOTE: Courts.>> a court, in making such review, sustains the order, 
the court

[[Page 120 STAT. 501]]

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) <<NOTE: Deadline. 30 USC 820 note.>> 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. <<NOTE: Deadline. Standards. Sago Mine. 30 USC 811 
            note.>> 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. <<NOTE: 30 USC 963.>> 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

[[Page 120 STAT. 502]]

        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. <<NOTE: 30 USC 964.>> 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

[[Page 120 STAT. 503]]

        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,

[[Page 120 STAT. 504]]

        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. <<NOTE: 30 USC 965.>> 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.

[[Page 120 STAT. 505]]

    (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.

    Approved June 15, 2006.

LEGISLATIVE HISTORY--S. 2803:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            May 24, considered and passed Senate.
            June 7, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            June 15, Presidential remarks.

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