PUBLIC LAW 109–236—JUNE 15, 2006 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.

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

Deadline.

Mine

Improvement

and New

Emergency

Response Act of

2006.

30 USC 801 note.

June 15, 2006

[S. 2803]

120 STAT. 494 PUBLIC LAW 109–236—JUNE 15, 2006

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 selfrescuers 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;

PUBLIC LAW 109–236—JUNE 15, 2006 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. 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.—

Deadline.

Applicability.

120 STAT. 496 PUBLIC LAW 109–236—JUNE 15, 2006

‘‘(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.’’.

30 USC 826.

Citation.

Deadlines.

PUBLIC LAW 109–236—JUNE 15, 2006 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) 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—

Certification.

Regulations.

Deadline.

120 STAT. 498 PUBLIC LAW 109–236—JUNE 15, 2006

‘‘(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.—

PUBLIC LAW 109–236—JUNE 15, 2006 120 STAT. 499

‘‘(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.

Establishment.

120 STAT. 500 PUBLIC LAW 109–236—JUNE 15, 2006

‘‘(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.

Courts. If a court, in making such review, sustains the order, the court

30 USC 801 note.

PUBLIC LAW 109–236—JUNE 15, 2006 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) 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

30 USC 963.

Deadline.

Standards.

Sago Mine.

30 USC 811 note.

Deadline.

30 USC 820 note.

120 STAT. 502 PUBLIC LAW 109–236—JUNE 15, 2006

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

30 USC 964.

PUBLIC LAW 109–236—JUNE 15, 2006 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,

120 STAT. 504 PUBLIC LAW 109–236—JUNE 15, 2006

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.

30 USC 965.

PUBLIC LAW 109–236—JUNE 15, 2006 120 STAT. 505

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.

Æ

(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.