I 

112TH CONGRESS 

1ST SESSION H. R. 1579 

To improve compliance with mine safety and health laws, empower miners 

to raise safety concerns, prevent future mine tragedies, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. GEORGE MILLER of California (for himself, Ms. WOOLSEY, Mr. RAHALL, 

Mr. HOLT, Ms. HIRONO, Ms. SUTTON, Mr. PAYNE, and Mr. GRIJALVA) 

introduced the following bill; which was referred to the Committee on 

Education and the Workforce 

A BILL 

To improve compliance with mine safety and health laws, 

empower miners to raise safety concerns, prevent future 

mine tragedies, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Robert C. Byrd Mine Safety Protection Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 


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TITLE I—ADDITIONAL INSPECTION AND INVESTIGATION 

AUTHORITY 

Sec. 101. Independent accident investigations. 

Sec. 102. Subpoena authority and miner rights during inspections and investigations. 

Sec. 103. Designation of miner representative. 

Sec. 104. Additional amendments relating to inspections and investigations. 

TITLE II—ENHANCED ENFORCEMENT AUTHORITY 

Sec. 201. Technical amendment. 

Sec. 202. A pattern of recurring noncompliance or accidents. 

Sec. 203. Injunctive authority. 

Sec. 204. Revocation of approval of plans. 

Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other 

mine plan. 

Sec. 206. GAO Study on MSHA Mine Plan Approval. 

TITLE III—PENALTIES 

Sec. 301. Civil penalties. 

Sec. 302. Civil and criminal liability of officers, directors, and agents. 

Sec. 303. Criminal penalties. 

Sec. 304. Commission review of penalty assessments. 

Sec. 305. Delinquent payments and prejudgment interest. 

TITLE IV—MINERS’ RIGHTS AND PROTECTIONS 

Sec. 401. Protection from retaliation. 

Sec. 402. Protection from loss of pay. 

Sec. 403. Underground coal miner employment standard for mines placed in 

pattern status. 

TITLE V—MODERNIZING HEALTH AND SAFETY STANDARDS 

Sec. 501. Pre-shift review of mine conditions. 

Sec. 502. Rock dust standards. 

Sec. 503. Atmospheric monitoring systems. 

Sec. 504. Technology related to respirable dust. 

Sec. 505. Refresher training on miners’ rights and responsibilities. 

Sec. 506. Authority to mandate additional training. 

Sec. 507. Brookwood-Sago Mine Safety Grants. 

Sec. 508. Certification of personnel. 

TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 

Sec. 601. Definitions. 

Sec. 602. Assistance to States. 

Sec. 603. Black lung medical reports. 

Sec. 604. Authorization of cooperative agreements by NIOSH Office of Mine 

Safety and Health. 

Sec. 605. Rules of application to certain mines. 


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1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment is expressed as an amendment to 

4 a section or other provision, the reference shall be consid5 ered to be made to a section or other provision of the Fed6 eral Mine Safety and Health Act of 1977 (30 U.S.C. 801 

7 et seq.). 

8 TITLE I—ADDITIONAL INSPEC9 TION AND INVESTIGATION 

10 AUTHORITY 

11 SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS. 

12 (a) IN GENERAL.—Section 103(b) (30 U.S.C. 

13 813(b)) is amended by striking ‘‘(b) For the purpose’’ and 

14 inserting the following: 

15 ‘‘(b) ACCIDENT INVESTIGATIONS.— 

16 ‘‘(1) IN GENERAL.—For all accident investiga17 tions under this Act, the Secretary shall— 

18 ‘‘(A) determine why the accident occurred; 

19 ‘‘(B) determine whether there were viola20 tions of law, mandatory health and safety 

21 standards, or other requirements, and if there 

22 is evidence of conduct that may constitute a 

23 violation of Federal criminal law, the Secretary 

24 may refer such evidence to the Attorney Gen25 eral; and 


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1 ‘‘(C) make recommendations to avoid any 

2 recurrence. 

3 ‘‘(2) INDEPENDENT ACCIDENT INVESTIGA4 TIONS.— 

5 ‘‘(A) IN GENERAL.—There shall be, in ad6 dition to an accident investigation under para7 graph (1), an independent investigation by an 

8 independent investigation panel (referred to in 

9 this subsection as the ‘Panel’) appointed under 

10 subparagraph (B) for— 

11 ‘‘(i) any accident involving 3 or more 

12 deaths; or 

13 ‘‘(ii) any accident that is of such se14 verity or scale for potential or actual harm 

15 that, in the opinion of the Secretary of 

16 Health and Human Services, the accident 

17 merits an independent investigation. 

18 ‘‘(B) APPOINTMENT.— 

19 ‘‘(i) IN GENERAL.—As soon as prac20 ticable after an accident described in sub21 paragraph (A), the Secretary of Health 

22 and Human Services shall appoint 5 mem23 bers for the Panel required under this 

24 paragraph from among individuals who 

25 have expertise in accident investigations, 


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1 mine engineering, or mine safety and 

2 health that is relevant to the particular in3 vestigation. 

4 ‘‘(ii) CHAIRPERSON.—The Panel shall 

5 include, and be chaired by, a representative 

6 from the Office of Mine Safety and Health 

7 Research, of the National Institute for Oc8 cupational Safety and Health (referred to 

9 in this subsection as NIOSH). 

10 ‘‘(iii) CONFLICTS OF INTEREST.— 

11 Panel members, and staff and consultants 

12 assisting the Panel with an investigation, 

13 shall be free from conflicts of interest with 

14 regard to the investigation, and be subject 

15 to the same standards of ethical conduct 

16 for persons employed by the Secretary. 

17 ‘‘(iv) COMPOSITION.—The Secretary 

18 of Health and Human Services shall ap19 point as members of the Panel— 

20 ‘‘(I) 1 operator of a mine or indi21 vidual representing mine operators, 

22 and 

23 ‘‘(II) 1 representative of a labor 

24 organization that represents miners, 


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1 and may not appoint more than 1 of either 

2 such individuals as members of the Panel. 

3 ‘‘(v) STAFF AND EXPENSES.—The Di4 rector of NIOSH shall designate NIOSH 

5 staff to facilitate the work of the Panel. 

6 The Director may accept as staff personnel 

7 on detail from other Federal agencies or 

8 re-employ annuitants. The detail of per9 sonnel under this paragraph may be on a 

10 non-reimbursable basis, and such detail 

11 shall be without interruption or loss of civil 

12 service status or privilege. The Director of 

13 NIOSH shall have the authority to procure 

14 on behalf of the Panel such materials, sup15 plies or services, including technical ex16 perts, as requested in writing by a majority 

17 of the Panel. 

18 ‘‘(vi) COMPENSATION AND TRAVEL.— 

19 All members of the Panel who are officers 

20 or employees of the United States shall 

21 serve without compensation in addition to 

22 that received for their services as officers 

23 or employees of the United States. Each 

24 Panel member who is not an officer or em25 ployee of the United States shall be comVerDate Mar 15 2010 00:51 Apr 20, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1579.IH H1579

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1 pensated at a rate equal to the daily equiv2 alent of the annual rate of basic pay pre3 scribed for level IV of the Executive Sched4 ule under section 5315 of title 5, United 

5 States Code, for each day (including travel 

6 time) during which such member is en7 gaged in the performance of duties of the 

8 Panel. The members of the Panel shall be 

9 allowed travel expenses, including per diem 

10 in lieu of subsistence, at rates authorized 

11 for employees of agencies under subchapter 

12 1 of chapter 57 of title 5, United States 

13 Code, while away from their homes or reg14 ular places of business in the performance 

15 of services for the Panel. 

16 ‘‘(C) DUTIES.—The Panel shall— 

17 ‘‘(i) assess and identify any factors 

18 that caused the accident, including defi19 ciencies in safety management systems, 

20 regulations, enforcement, industry prac21 tices or guidelines, or organizational fail22 ures; 

23 ‘‘(ii) identify and evaluate any con24 tributing actions or inactions of— 

25 ‘‘(I) the operator; 


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1 ‘‘(II) any contractors or other 

2 persons engaged in mining-related 

3 functions at the site; 

4 ‘‘(III) any State agency with 

5 oversight responsibilities; 

6 ‘‘(IV) any agency or office within 

7 the Department of Labor; 

8 ‘‘(V) the Federal Mine Safety 

9 and Health Review Commission; or 

10 ‘‘(VI) any other person or entity 

11 (including equipment manufacturers); 

12 ‘‘(iii) review the determinations and 

13 recommendations by the Secretary under 

14 paragraph (1); 

15 ‘‘(iv) prepare a report that— 

16 ‘‘(I) includes the findings regard17 ing the causal factors described in 

18 clauses (i) and (ii); 

19 ‘‘(II) identifies any strengths and 

20 weaknesses in the Secretary’s inves21 tigation; and 

22 ‘‘(III) includes recommendations, 

23 including interim recommendations 

24 where appropriate, to industry, labor 

25 organizations, State and Federal 


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1 agencies, or Congress, regarding pol2 icy, regulatory, enforcement, adminis3 trative, or other changes, which in the 

4 judgment of the Panel, would prevent 

5 a recurrence at other mines; and 

6 ‘‘(v) publish such findings and rec7 ommendations (excluding any portions 

8 which the Attorney General requests that 

9 the Secretary withhold in relation to a 

10 criminal referral) and hold public meetings 

11 to inform the mining community and fami12 lies of affected miners of the Panel’s find13 ings and recommendations. 

14 ‘‘(D) HEARINGS; APPLICABILITY OF CER15 TAIN FEDERAL LAW.—The Panel shall have the 

16 authority to conduct public hearings or meet17 ings, but shall not be subject to the Federal Ad18 visory Committee Act. All public hearings of the 

19 Panel shall be subject to the requirements 

20 under section 552b of title 5, United States 

21 Code. 

22 ‘‘(E) MEMORANDUM OF UNDER23 STANDING.—Not later than 90 days after the 

24 date of enactment of the Robert C. Byrd Mine 

25 Safety Protection Act of 2011, the Secretary of 


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1 Labor and the Secretary of Health and Human 

2 Services shall conclude and publically issue a 

3 memorandum of understanding that— 

4 ‘‘(i) outlines administrative arrange5 ments which will facilitate a coordination 

6 of efforts between the Secretary of Labor 

7 and the Panel, ensures that the Secretary’s 

8 investigation under paragraph (1) is not 

9 delayed or otherwise compromised by the 

10 activities of the Panel, and establishes a 

11 process to resolve any conflicts between 

12 such investigations; 

13 ‘‘(ii) ensures that Panel members or 

14 staff will be able to participate in inves15 tigation activities (such as mine inspections 

16 and interviews) related to the Secretary of 

17 Labor’s investigation and will have full ac18 cess to documents that are assembled or 

19 produced in such investigation, and en20 sures that the Secretary of Labor will 

21 make all of the authority available to such 

22 Secretary under this section, including sub23 poena authority, to obtain information and 

24 witnesses which may be requested by such 

25 Panel; and 


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1 ‘‘(iii) establishes such other arrange2 ments as are necessary to implement this 

3 paragraph. 

4 ‘‘(F) PROCEDURES.—Not later than 90 

5 days after the date of enactment of the Robert 

6 C. Byrd Mine Safety Protection Act of 2011, 

7 the Secretary of Health and Human Services 

8 shall establish procedures to ensure the consist9 ency and effectiveness of Panel investigations. 

10 In establishing such procedures, such Secretary 

11 shall consult with independent safety investiga12 tion agencies, sectors of the mining industry, 

13 representatives of miners, families of miners in14 volved in fatal accidents, State mine safety 

15 agencies, and mine rescue organizations. Such 

16 procedures shall include— 

17 ‘‘(i) authority for the Panel to use evi18 dence, samples, interviews, data, analyses, 

19 findings, or other information gathered by 

20 the Secretary of Labor, as the Panel deter21 mines valid; 

22 ‘‘(ii) provisions to ensure confiden23 tiality if requested by any witness, to the 

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1 flicts of interest in witness representation; 

2 and 

3 ‘‘(iii) provisions for preservation of 

4 public access to the Panel’s records 

5 through the Secretary of Health and 

6 Human Services. 

7 ‘‘(G) AUTHORIZATION OF APPROPRIA8 TIONS.—There is authorized to be appropriated 

9 to carry out this subsection such sums as may 

10 be necessary. 

11 ‘‘(3) POWERS AND PROCESSES.—For the pur12 pose’’. 

13 (b) REPORTING REQUIREMENTS.—Section 511(a) 

14 (30 U.S.C. 958(a)) is amended by inserting after ‘‘501,’’ 

15 the following: ‘‘the status of implementation of rec16 ommendations from each independent investigation panel 

17 under section 103(b) received in the preceding 5 years’’. 

18 SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DUR19 ING INSPECTIONS AND INVESTIGATIONS. 

20 Section 103(b) (as amended by section 101) (30 

21 U.S.C. 813(b)) is further amended by adding at the end 

22 the following: 

23 ‘‘(4) ADDITIONAL POWERS.—For purposes of 

24 making inspections and investigations, the Secretary 

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1 poenas for the attendance and testimony of wit2 nesses and the production of information, including 

3 all relevant data, papers, books, documents, and 

4 items of physical evidence, and administer oaths. 

5 Witnesses summoned shall be paid the same fees 

6 that are paid witnesses in the courts of the United 

7 States. In carrying out inspections and investiga8 tions under this subsection, authorized representa9 tives of the Secretary and attorneys representing the 

10 Secretary are authorized to question any individual 

11 privately. Under this section, any individual who is 

12 willing to speak with or provide a statement to such 

13 authorized representatives or attorneys representing 

14 the Secretary may do so without the presence, in15 volvement, or knowledge of the operator or the oper16 ator’s agents or attorneys. The Secretary shall keep 

17 the identity of an individual providing such a state18 ment confidential to the extent permitted by law. 

19 Nothing in this paragraph prevents any individual 

20 from being represented by that individual’s personal 

21 attorney.’’. 

22 SEC. 103. DESIGNATION OF MINER REPRESENTATIVE. 

23 Section 103(f) (30 U.S.C. 813(f)) is amended by in24 serting before the last sentence the following: ‘‘If any 

25 miner is entrapped or otherwise prevented as the result 


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1 of an accident in such mine from designating such a rep2 resentative directly, such miner’s closest relative may act 

3 on behalf of such miner in designating such a representa4 tive. If any miner is not currently working in such mine 

5 as the result of an accident in such mine, but would be 

6 currently working in such mine but for such accident, such 

7 miner may designate such a representative. A representa8 tive of miners shall have the right to participate in any 

9 accident investigation the Secretary initiates pursuant to 

10 subsection (b), including the right to participate in inves11 tigative interviews and to review all relevant papers, books, 

12 documents and records produced in connection with the 

13 accident investigation, unless the Secretary in consultation 

14 with the Attorney General excludes such representatives 

15 from the investigation on the grounds that inclusion would 

16 interfere with or adversely impact a criminal investigation 

17 that is pending or under consideration.’’. 

18 SEC. 104. ADDITIONAL AMENDMENTS RELATING TO IN19 SPECTIONS AND INVESTIGATIONS. 

20 (a) HOURS OF INSPECTIONS.—Section 103(a) (30 

21 U.S.C. 813(a)) is amended by inserting after the third 

22 sentence the following: ‘‘Such inspections shall be con23 ducted during the various shifts and days of the week dur24 ing which miners are normally present in the mine to enVerDate Mar 15 2010 00:51 Apr 20, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1579.IH H1579

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1 sure that the protections of this Act are afforded to all 

2 miners working all shifts.’’. 

3 (b) REVIEW OF MINE PATTERN STATUS.—Section 

4 103(a) is further amended by inserting before the last sen5 tence the following: ‘‘The Secretary shall, upon request by 

6 an operator, review with the appropriate mine officials the 

7 Secretary’s most recent evaluation for pattern status (as 

8 provided in section 104(e)) for that mine during the 

9 course of a mine’s regular quarterly inspection of an un10 derground mine or a biannual inspection of a surface 

11 mine, or, at the discretion of the Secretary, during the 

12 pre-inspection conference.’’. 

13 (c) INJURY AND ILLNESS REPORTING.—Section 

14 103(d) (30 U.S.C. 813(d)) is amended by striking the last 

15 sentence and inserting the following: ‘‘The records to be 

16 kept and made available by the operator of the mine shall 

17 include man-hours worked and occupational injuries and 

18 illnesses with respect to the miners in their employ or 

19 under their direction or authority, and shall be maintained 

20 separately for each mine and be reported at a frequency 

21 determined by the Secretary, but at least annually. Inde22 pendent contractors (within the meaning of section 3(d)) 

23 shall be responsible for reporting accidents, occupational 

24 injuries and illnesses, and man-hours worked for each 

25 mine with respect to the miners in their employ or under 


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1 their direction or authority, and shall be reported at a fre2 quency determined by the Secretary, but at least annually. 

3 Reports or records of operators and contractors required 

4 and submitted to the Secretary under this subsection shall 

5 be signed and certified as accurate and complete by a 

6 knowledgeable and responsible person possessing a certifi7 cation, registration, qualification, or other approval, as 

8 provided for under section 118. Knowingly falsifying such 

9 records or reports shall be grounds for revoking such cer10 tification, registration, qualification, or other approval 

11 under the standards established under subsection (b)(1) 

12 of such section.’’. 

13 (d) ORDERS FOLLOWING AN ACCIDENT.—Section 

14 103(k) (30 U.S.C. 813(k)) is amended by striking ‘‘, when 

15 present,’’. 

16 (e) CONFLICT OF INTEREST IN THE REPRESENTA17 TION OF MINERS.—Section 103(a) (30 U.S.C. 813(a)) is 

18 amended by adding at the end the following: ‘‘During in19 spections and investigations under this section, and during 

20 any litigation under this Act, no attorney shall represent 

21 or purport to represent both the operator of a coal or other 

22 mine and any other individual, unless such individual has 

23 knowingly and voluntarily waived all actual and reasonably 

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1 tions as the Secretary considers appropriate to ascertain 

2 whether such individual has knowingly and voluntarily 

3 waived all such conflicts of interest. If the Secretary finds 

4 that such an individual cannot be represented adequately 

5 by such an attorney due to such conflicts of interest, the 

6 Secretary may petition the appropriate United States Dis7 trict Court which shall have jurisdiction to disqualify such 

8 attorney as counsel to such individual in the matter. The 

9 Secretary may make such a motion as part of an ongoing 

10 related civil action or as a miscellaneous action.’’. 

11 TITLE II—ENHANCED 

12 ENFORCEMENT AUTHORITY 

13 SEC. 201. TECHNICAL AMENDMENT. 

14 Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amend15 ed— 

16 (1) in the first sentence— 

17 (A) by striking ‘‘any mandatory health or 

18 safety standard’’ and inserting ‘‘any provision 

19 of this Act, including any mandatory health or 

20 safety standard or regulation promulgated 

21 under this Act’’; and 

22 (B) by striking ‘‘such mandatory health or 

23 safety standards’’ and inserting ‘‘such provi24 sions, regulations, or mandatory health or safe25 ty standards’’; and 


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1 (2) in the second sentence, by striking ‘‘any 

2 mandatory health or safety standard’’ and inserting 

3 ‘‘any provision of this Act, including any mandatory 

4 health or safety standard or regulation promulgated 

5 under this Act,’’. 

6 SEC. 202. A PATTERN OF RECURRING NONCOMPLIANCE OR 

7 ACCIDENTS. 

8 Section 104(e) (30 U.S.C. 814(e)) is amended to read 

9 as follows: 

10 ‘‘(e) PATTERN OF RECURRING NONCOMPLIANCE OR

11 ACCIDENTS.— 

12 ‘‘(1) PATTERN STATUS.— 

13 ‘‘(A) IN GENERAL.—For purposes of this 

14 subsection, a coal or other mine shall be placed 

15 in pattern status if such mine has, as deter16 mined based on the regulations promulgated 

17 under paragraph (8)— 

18 ‘‘(i) a pattern of— 

19 ‘‘(I) citations for significant and 

20 substantial violations; 

21 ‘‘(II) citations and withdrawal or22 ders issued for unwarrantable failure 

23 to comply with mandatory health and 

24 safety standards under section 104(d); 


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1 ‘‘(III) citations for flagrant viola2 tions within the meaning of section 

3 110(b); 

4 ‘‘(IV) withdrawal orders issued 

5 under any other section of this Act 

6 (other than orders issued under sub7 sections (j) or (k) of section 103); and 

8 ‘‘(V) accidents and injuries; or 

9 ‘‘(ii) a pattern consisting of any com10 bination of citations, orders, accidents, or 

11 injuries described in subclauses (I) through 

12 (V). 

13 ‘‘(B) MITIGATING CIRCUMSTANCES.—Not14 withstanding subparagraph (A), if the Sec15 retary, after conducting an assessment of a coal 

16 or other mine that otherwise qualifies for pat17 tern status, certifies that there are mitigating 

18 circumstances wherein the operator has already 

19 implemented remedial measures that have re20 duced risks to the health and safety of miners 

21 to the point that such risks are no longer ele22 vated and has taken sufficient measures to en23 sure such elevated risk will not recur, the Sec24 retary may deem such mine to not be in pattern 

25 status under this subsection. The Secretary 


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1 shall issue any such certification of such miti2 gating circumstances that would preclude the 

3 placement of a mine in pattern status as a writ4 ten finding, which shall, not later than 10 days 

5 after the certification is made, be— 

6 ‘‘(i) made available on the public Web 

7 site of the Mine Safety and Health Admin8 istration; and 

9 ‘‘(ii) transmitted to the Committee on 

10 Education and the Workforce of the House 

11 of Representatives and the Committee on 

12 Health, Education, Labor, and Pensions of 

13 the Senate. 

14 ‘‘(C) FREQUENCY.—Not less frequently 

15 than every 6 months, the Secretary shall iden16 tify any mines which meet the criteria set forth 

17 in paragraph (8). 

18 ‘‘(2) ACTIONS FOLLOWING PLACEMENT OF

19 MINE IN PATTERN STATUS.—For any coal or other 

20 mine that is in pattern status, the Secretary shall— 

21 ‘‘(A) notify the operator of such mine that 

22 the mine is being placed in pattern status; 

23 ‘‘(B) issue an order requiring such oper24 ator to cause all persons to be withdrawn from 

25 such mine, except those persons referred to in 


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1 subsection (c) or authorized by an order of the 

2 Secretary issued under this subsection; 

3 ‘‘(C) issue a remediation order described in 

4 paragraph (3) to such operator within 3 days; 

5 and 

6 ‘‘(D) require that the number of regular 

7 inspections of such mine required under section 

8 103 be increased to 8 per year for an under9 ground mine and 4 per year for a surface mine 

10 while the mine is in pattern status. 

11 Notice advising operators that they face potential 

12 placement in pattern status shall not be a require13 ment for issuing a withdrawal order to operators 

14 under this subsection. 

15 ‘‘(3) REMEDIATION ORDER.— 

16 ‘‘(A) IN GENERAL.—A remediation order 

17 issued to an operator under paragraph (2)(C) 

18 may require the operator to carry out one or 

19 more of the following requirements, pursuant to 

20 a timetable for commencing and completing 

21 such actions or as a condition of miners reen22 tering the mine: 

23 ‘‘(i) Provide specified training, includ24 ing training not otherwise required under 

25 this Act. 


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1 ‘‘(ii) Institute and implement an effec2 tive health and safety management pro3 gram approved by the Secretary, includ4 ing— 

5 ‘‘(I) the employment of safety 

6 professionals, certified persons, and 

7 adequate numbers of personnel for the 

8 mine, as may be required by the Sec9 retary; 

10 ‘‘(II) specific inspection, record11 keeping, reporting and other require12 ments for the mine as the Secretary 

13 may establish; and 

14 ‘‘(III) other requirements to en15 sure compliance and to protect the 

16 health and safety of miners or prevent 

17 accidents or injuries as the Secretary 

18 may determine are necessary. 

19 ‘‘(iii) Facilitate any effort by the Sec20 retary to communicate directly with miners 

21 employed at the mine outside the presence 

22 of the mine operators or its agents, for the 

23 purpose of obtaining information about 

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1 tices, or advising miners of their rights 

2 under this Act. 

3 ‘‘(B) MODIFICATION OF AND FAILURE TO

4 COMPLY WITH REMEDIATION ORDER.—The Sec5 retary may modify the remediation order, as 

6 necessary, to protect the health and safety of 

7 miners. If the mine operator fails to fully com8 ply with the remediation order during the time 

9 a mine is in pattern status, the Secretary shall 

10 reinstate the withdrawal order under paragraph 

11 (2)(B). 

12 ‘‘(C) EXTENSION OF DEADLINES.—An ex13 tension of a deadline under the remediation 

14 order may be granted on a temporary basis and 

15 only upon a showing that the operator took all 

16 feasible measures to comply with the order and 

17 only to the extent that the operator’s failure to 

18 comply is beyond the control of the operator. 

19 ‘‘(4) CONDITIONS FOR LIFTING A WITHDRAWAL

20 ORDER.—A withdrawal order issued under para21 graph (2)(B) shall not be lifted until the Secretary 

22 verifies that— 

23 ‘‘(A) any and all violations or other condi24 tions in the mine identified in the remediation 

25 order have been or are being fully abated or 


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1 corrected as outlined in the remediation order; 

2 and 

3 ‘‘(B) the operator has completed any other 

4 actions under the remediation order that are re5 quired for reopening the mine. 

6 ‘‘(5) PERFORMANCE EVALUATION.— 

7 ‘‘(A) PERFORMANCE BENCHMARKS.—The 

8 Secretary shall evaluate the performance of 

9 each mine in pattern status every 90 days dur10 ing which the mine is producing and determine 

11 if, for such 90-day period— 

12 ‘‘(i) the rate of citations at such mine 

13 for significant and substantial violations— 

14 ‘‘(I) is in the top performing 

15 35th percentile of such rates, respec16 tively, for all mines of similar size and 

17 type; or 

18 ‘‘(II) has been reduced by 70 

19 percent from the date on which such 

20 mine was placed in pattern status, 

21 provided that the rate of such viola22 tions is not greater than the mean for 

23 all mines of similar size and type; 

24 ‘‘(ii) the accident and injury rates at 

25 such mine are in the top performing 35th 


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1 percentile of such rates, respectively, for all 

2 mines of similar size and type; and 

3 ‘‘(iii) no citations or withdrawal or4 ders for a violation under section 104(d), 

5 no withdrawal orders for imminent danger 

6 under section 107 (issued in connection 

7 with a citation), and no flagrant violations 

8 within the meaning of section 110(b), were 

9 issued for such mine. 

10 ‘‘(B) REISSUANCE OF WITHDRAWAL OR11 DERS.—If an operator being evaluated fails to 

12 achieve the performance benchmarks described 

13 in subparagraph (A), the Secretary may reissue 

14 a withdrawal order under paragraph (2)(B) to 

15 remedy any recurring conditions that led to pat16 tern status under this subsection, and may 

17 modify the remediation order, as necessary, to 

18 protect the health and safety of miners. 

19 ‘‘(6) TERMINATION OF PATTERN STATUS.— 

20 ‘‘(A) PERFORMANCE BENCHMARKS.—The 

21 Secretary shall remove a coal or other mine 

22 from pattern status if, for a 1-year period dur23 ing which the mine is producing— 

24 ‘‘(i) the rate of citations at such mine 

25 for significant and substantial violations— 


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1 ‘‘(I) is in the top performing 

2 25th percentile of such rates, respec3 tively, for all mines of similar size and 

4 type; or 

5 ‘‘(II) has been reduced by 80 

6 percent from the date on which such 

7 mine was placed in pattern status, 

8 provided that the rate of such viola9 tions is not greater than the mean for 

10 all mines of similar size and type; 

11 ‘‘(ii) the accident and injury rates at 

12 such mine are in the top performing 25th 

13 percentile of such rates, respectively, for all 

14 mines of similar size and type; and 

15 ‘‘(iii) no citations or withdrawal or16 ders for violations under section 104(d), no 

17 withdrawal orders for imminent danger 

18 under section 107 (issued in connection 

19 with a citation), and no flagrant violations 

20 within the meaning of section 110(b), were 

21 issued for such mine. 

22 ‘‘(B) CONTINUATION OF PATTERN STA23 TUS.—Should the mine operator fail to meet 

24 the performance benchmarks described in sub25 paragraph (A), the Secretary shall extend the 


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1 mine’s placement in pattern status until such 

2 benchmarks are achieved. 

3 ‘‘(C) CONSTRUCTION.—A withdrawal order 

4 issued as the result of a condition that was en5 tirely beyond the operator’s ability to prevent or 

6 control shall not preclude the operator from 

7 being removed from pattern status, provided 

8 the operator did not cause or allow miners to 

9 be exposed to the condition in violation of any 

10 provision of this Act or a mandatory health or 

11 safety standard or regulation promulgated 

12 under this Act. 

13 ‘‘(7) EXPEDITED REVIEW.—If any order under 

14 this subsection is contested, the review of such order 

15 shall be conducted on an expedited basis, in accord16 ance with section 105(d). 

17 ‘‘(8) REGULATIONS.— 

18 ‘‘(A) IN GENERAL.—Not later than 120 

19 days after the date of enactment of the Robert 

20 C. Byrd Mine Safety Protection Act of 2011, 

21 the Secretary shall issue interim final regula22 tions that shall define— 

23 ‘‘(i) the threshold benchmarks to trig24 ger pattern status under paragraph (1) 


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1 and cause a withdrawal order to be issued 

2 or reissued; and 

3 ‘‘(ii) the performance benchmarks de4 scribed in paragraphs (5)(A) and (6)(A). 

5 ‘‘(B) THRESHOLD BENCHMARKS.—In es6 tablishing threshold benchmarks to trigger pat7 tern status for mines with significantly poor 

8 compliance that contributes to unsafe or 

9 unhealthy conditions, the Secretary— 

10 ‘‘(i) shall— 

11 ‘‘(I) consider rates of citations 

12 and orders described in paragraph 

13 (1)(A) and rates of reportable acci14 dents and injuries within the pre15 ceding 180-day period; and 

16 ‘‘(II) assign appropriate weight 

17 to various types of citations, orders, 

18 accidents, injuries, or other factors; 

19 and 

20 ‘‘(ii) may include— 

21 ‘‘(I) factors such as mine type, 

22 production levels, number of miners, 

23 hours worked by miners, number of 

24 mechanized mining units (or similar 

25 production characteristics), and the 


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1 presence of a representative of miners 

2 at the mine for purposes of collective 

3 bargaining; 

4 ‘‘(II) the mine’s history of cita5 tions, violations, orders, and other en6 forcement actions, or rates of report7 able accidents and injuries, over any 

8 period determined relevant by the Sec9 retary; and 

10 ‘‘(III) other factors the Secretary 

11 may determine appropriate to protect 

12 the safety and health of miners. 

13 ‘‘(C) FINAL REGULATION.—Not later than 

14 2 years after the date of enactment of the Rob15 ert C. Byrd Mine Safety Protection Act of 

16 2011, the Secretary shall promulgate a final 

17 regulation implementing this paragraph. 

18 ‘‘(9) PUBLIC DATABASE AND INFORMATION.— 

19 The Secretary shall establish and maintain a pub20 lically available electronic database containing the 

21 data used to determine pattern status for all coal or 

22 other mines which shall be updated as frequently as 

23 practicable. Such database shall be searchable and 

24 have the capacity to provide comparative data about 

25 the health and safety at mines of similar sizes and 


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1 types. The Secretary shall also make publicly avail2 able— 

3 ‘‘(A) a list of all mines the Secretary 

4 places in pattern status, updated within 7 days 

5 of placing an additional mine in pattern status; 

6 ‘‘(B) the metrics, including percentile in7 formation, used for the purposes of the per8 formance benchmarks and threshold bench9 marks described in paragraphs (5), (6), and 

10 (8); and 

11 ‘‘(C) guidance for the use of such metrics 

12 and benchmarks to assist operators in deter13 mining the performance their mines under cri14 teria established by the Secretary. 

15 ‘‘(10) OPERATOR FEES FOR ADDITIONAL IN16 SPECTIONS.— 

17 ‘‘(A) ASSESSMENT AND COLLECTION.—Be18 ginning 120 days after the date of enactment of 

19 the Robert C. Byrd Mine Safety Protection Act 

20 of 2011, the Secretary shall assess and collect 

21 fees, in accordance with this paragraph, from 

22 each coal or other mine in pattern status for 

23 the costs of additional inspections under this 

24 subsection. The Secretary shall issue, by rule, a 

25 schedule of fees to be assessed against coal or 


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1 other mines of varying types and sizes, and 

2 shall collect and assess amounts under this 

3 paragraph based on the schedule. 

4 ‘‘(B) USE.—Amounts collected as provided 

5 in subparagraph (A) shall only be available to 

6 the Secretary for making expenditures to carry 

7 out the additional inspections required under 

8 paragraph (2)(D). 

9 ‘‘(C) AUTHORIZATION OF APPROPRIA10 TIONS.—In addition to any other amounts au11 thorized to be appropriated under this Act, 

12 there is authorized to be appropriated to the 

13 Secretary for each fiscal year in which fees are 

14 collected under subparagraph (A) an amount 

15 equal to the total amount of fees collected 

16 under such subparagraph during that fiscal 

17 year. Such amounts are authorized to remain 

18 available until expended. If on the first day of 

19 a fiscal year a regular appropriation to the 

20 Commission has not been enacted, the Commis21 sion shall continue to collect fees (as offsetting 

22 collections) under this subsection at the rate in 

23 effect during the preceding fiscal year, until 5 

24 days after the date such regular appropriation 

25 is enacted. 


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1 ‘‘(D) COLLECTION AND CREDITING OF

2 FEES.—Fees authorized and collected under 

3 this paragraph shall be deposited and credited 

4 as offsetting collections to the account providing 

5 appropriations to the Mine Safety and Health 

6 Administration and shall not be collected for 

7 any fiscal year except to the extent and in the 

8 amount provided in advance in appropriation 

9 Acts.’’. 

10 SEC. 203. INJUNCTIVE AUTHORITY. 

11 Section 108(a)(2) (30 U.S.C. 818(a)(2)) is amended 

12 by striking ‘‘a pattern of violation of’’ and all that follows 

13 and inserting ‘‘a course of conduct that in the judgment 

14 of the Secretary constitutes a continuing hazard to the 

15 health or safety of miners, including violations of this Act 

16 or of mandatory health and safety standards or regula17 tions under this Act.’’. 

18 SEC. 204. REVOCATION OF APPROVAL OF PLANS. 

19 Section 105 (30 U.S.C. 815) is amended— 

20 (1) by redesignating subsection (d) as sub21 section (e); and 

22 (2) by inserting after subsection (c) the fol23 lowing: 

24 ‘‘(d) REVOCATION OF APPROVAL OF PLANS.— 


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1 ‘‘(1) REVOCATION.—If the Secretary finds that 

2 any program or plan of an operator, or part thereof, 

3 that was approved by the Secretary under this Act 

4 is based on inaccurate information or that cir5 cumstances that existed when such plan was ap6 proved have materially changed and that continued 

7 operation of such mine under such plan constitutes 

8 a hazard to the safety or health of miners, the Sec9 retary shall revoke the approval of such program or 

10 plan. 

11 ‘‘(2) WITHDRAWAL ORDERS.—Upon revocation 

12 of the approval of a program or plan under sub13 section (a), the Secretary may immediately issue an 

14 order requiring the operator to cause all persons, ex15 cept those persons referred to in section 104(c), to 

16 be withdrawn from such mine or an area of such 

17 mine, and to be prohibited from entering such mine 

18 or such area, until the operator has submitted and 

19 the Secretary has approved a new plan.’’. 

20 SEC. 205. CHALLENGING A DECISION TO APPROVE, MOD21 IFY, OR REVOKE A COAL OR OTHER MINE 

22 PLAN. 

23 Section 105(e) (as redesignated by section 204(1)) 

24 (30 U.S.C. 815(e)) is amended by adding at the end the 

25 following: ‘‘In any proceeding in which a party challenges 


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1 the Secretary’s decision whether to approve, modify, or re2 voke a coal or other mine plan under this Act, the Com3 mission shall affirm the Secretary’s decision unless the 

4 challenging party establishes that such decision was arbi5 trary, capricious, an abuse of discretion, or otherwise not 

6 in accordance with law.’’. 

7 SEC. 206. GAO STUDY ON MSHA MINE PLAN APPROVAL. 

8 Not later than 1 year after the date of enactment 

9 of this Act, the Comptroller General shall provide a report 

10 to Congress on the timeliness of the Mine Safety and 

11 Health Administration’s approval of underground coal 

12 mines’ required plans and plan amendments, including— 

13 (1) factors that contribute to any delays in the 

14 approval of these plans; and 

15 (2) as appropriate, recommendations for im16 proving timeliness of plan review and for achieving 

17 prompt decisions. 

18 TITLE III—PENALTIES 

19 SEC. 301. CIVIL PENALTIES. 

20 (a) TECHNICAL CORRECTION.—Section 110(a)(1) 

21 (30 U.S.C. 820(a)(1)) is amended by inserting ‘‘including 

22 any regulation promulgated under this Act,’’ after ‘‘this 

23 Act,’’. 


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1 (b) INCREASED CIVIL PENALTIES DURING PATTERN

2 STATUS.—Section 110(b) (30 U.S.C. 820(b)) is amended 

3 by adding at the end the following: 

4 ‘‘(3) Notwithstanding any other provision of this Act, 

5 an operator of a coal or other mine that is in pattern sta6 tus under section 104(e) and that fails to meet the per7 formance benchmarks set forth by the Secretary under 

8 section 104(e)(5)(A) during any performance review of the 

9 mine following the first performance review shall be as10 sessed an increased civil penalty for any violation of this 

11 Act, including any mandatory health or safety standard 

12 or regulation promulgated under this Act. Such increased 

13 penalty shall be twice the amount that would otherwise 

14 be assessed for the violation under this Act, including the 

15 regulations promulgated under this Act, subject to the 

16 maximum civil penalty established for the violation under 

17 this Act. This paragraph shall apply to violations at such 

18 mine that occur during the time period after the operator 

19 fails to meet the performance benchmarks in this para20 graph, and ending when the Secretary determines at a 

21 subsequent performance review that the mine meets the 

22 performance benchmarks under section 104(e)(5)(A).’’. 

23 (c) CIVIL PENALTY FOR RETALIATION.—Section 

24 110(a) (30 U.S.C. 820(a)) is further amended— 


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1 (1) by redesignating paragraph (4) as para2 graph (5); and 

3 (2) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) If any person violates section 105(c), the Sec6 retary shall propose, and the Commission shall assess, a 

7 civil penalty of not less than $10,000 or more than 

8 $100,000 for the first occurrence of such violation, and 

9 not less than $20,000 or more than $200,000 for any sub10 sequent violation, during any 3-year period.’’. 

11 SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DI12 RECTORS, AND AGENTS. 

13 Section 110(c) (30 U.S.C. 820(c)) is amended to read 

14 as follows: 

15 ‘‘(c) CIVIL AND CRIMINAL LIABILITY OF OFFICERS, 

16 DIRECTORS, AND AGENTS.— 

17 ‘‘(1) CIVIL PENALTIES.—Whenever an operator 

18 engages in conduct for which the operator is subject 

19 to civil penalties under this section, any director, of20 ficer, or agent of such operator who knowingly au21 thorizes, orders, or carries out such conduct, or who 

22 knowingly authorizes, orders, or carries out any pol23 icy or practice that results in such conduct and hav24 ing reason to believe it would so result, shall be subVerDate Mar 15 2010 00:51 Apr 20, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1579.IH H1579

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1 ject to the same civil penalties under this section as 

2 if it were an operator engaging in such conduct. 

3 ‘‘(2) CRIMINAL PENALTIES.—Whenever an op4 erator engages in conduct for which the operator 

5 may be subject to criminal penalties under sub6 section (d), any director, officer, or agent of such 

7 operator who knowingly authorizes, orders, or car8 ries out such conduct, or who knowingly authorizes, 

9 orders, or carries out a policy or practice that re10 sults in such conduct, and knowing that it will so re11 sult, shall be subject to the same penalties under 

12 paragraphs (1) or (2) of subsection (d) as if such 

13 person were an operator engaging in such conduct.’’. 

14 SEC. 303. CRIMINAL PENALTIES. 

15 (a) IN GENERAL.—Section 110 (30 U.S.C. 820) is 

16 amended by striking subsection (d) and— 

17 (1) by inserting the following new heading: 

18 ‘‘(d) CRIMINAL PENALTIES.—’’; 

19 (2) by inserting after the heading (as added by 

20 paragraph (1) of this subsection), the following new 

21 paragraph: 

22 ‘‘(1) IN GENERAL.—Whoever, being an oper23 ator, knowingly— 

24 ‘‘(A) violates a mandatory health or safety 

25 standard, or 


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1 ‘‘(B) violates or fails or refuses to comply 

2 with any order issued under section 104 or sec3 tion 107, or any order incorporated in a final 

4 decision issued under this Act (except an order 

5 incorporated in a decision under subsection 

6 (a)(1) or section 105(c)), shall, upon conviction, 

7 be fined not more than $250,000, or imprisoned 

8 for not more than 1 year, or both, except that 

9 if the operator commits the violation after hav10 ing been previously convicted of a violation 

11 under this paragraph and, if the operator 

12 knows or has reason to know that such subse13 quent violation has the potential to expose a 

14 miner to risk of serious injury, serious illness, 

15 or death, the operator shall, upon conviction, be 

16 fined not more than $1,000,000, or imprisoned 

17 for not more than 5 years, or both.’’; 

18 (3) by inserting after paragraph (1) (as added 

19 by paragraph (2) of this subsection), the following 

20 new paragraph: 

21 ‘‘(2) SIGNIFICANT RISK OF SERIOUS INJURY, 

22 SERIOUS ILLNESS, OR DEATH.—Whoever, being an 

23 operator, knowingly— 


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1 ‘‘(A) tampers with or disables a required 

2 safety device (except with express authorization 

3 from the Secretary), 

4 ‘‘(B) violates a mandatory health or safety 

5 standard, or 

6 ‘‘(C) violates or fails or refuses to comply 

7 with an order issued under section 104 or 107, 

8 or any order incorporated in a final decision 

9 issued under this Act (except an order incor10 porated in a decision under subsection (a)(1) or 

11 section 105(c)), and thereby recklessly exposes 

12 a miner to significant risk of serious injury, se13 rious illness, or death, shall, upon conviction, be 

14 fined not more than $1,000,000, or imprisoned 

15 for not more than 5 years, or both, except that 

16 if the operator commits the violation after hav17 ing been previously convicted of a violation 

18 under this paragraph, the operator shall, upon 

19 conviction, be fined not more than $2,000,000, 

20 or imprisoned for not more than 10 years, or 

21 both.’’; and 

22 (4) by inserting after paragraph (2) (as added 

23 by paragraph (3) of this subsection), the following 

24 new paragraph: 


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1 ‘‘(3) CRIMINAL PENALTIES FOR RETALIA2 TION.—Whoever knowingly— 

3 ‘‘(A) with the intent to retaliate, interferes 

4 with the lawful employment or livelihood of a 

5 person, or the spouse, sibling, child, or parent 

6 of a person, because any of them provides infor7 mation to an authorized representative of the 

8 Secretary, a State or local mine safety or health 

9 officer or official, or other law enforcement offi10 cer, in reasonable belief that the information is 

11 true and related to an apparent health or safety 

12 violation, or unhealthful or unsafe condition, 

13 policy, or practice under this Act, or 

14 ‘‘(B) interferes, or threatens to interfere, 

15 with the lawful employment or livelihood of a 

16 person, or the spouse, sibling, child, or parent 

17 of a person, with the intent to prevent any of 

18 them from so providing such information, shall 

19 be fined under title 18 or imprisoned for not 

20 more than 5 years, or both.’’. 

21 (b) ADVANCE NOTICE OF INSPECTIONS.— 

22 (1) IN GENERAL.—Section 110(e) (30 U.S.C. 

23 820(e)) is amended to read as follows: 

24 ‘‘(e) Whoever knowingly, with intent to give advance 

25 notice of an inspection conducted or to be conducted under 


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1 this Act, and thereby to impede, interfere with, or frus2 trate such inspection, engages in, or directs another per3 son to engage in, conduct that a reasonable person would 

4 expect to result in such advance notice, shall be fined 

5 under title 18, United States Code, or imprisoned for not 

6 more than 5 years, or both, except that a miner (other 

7 than a director, officer or agent of the operator involved) 

8 who commits the offense at the direction of a superior 

9 shall be fined under title 18, or imprisoned not more than 

10 1 year, or both, unless the miner commits a second or 

11 subsequent offense under this subsection (without regard 

12 to whether the offense was committed at the direction of 

13 a superior) in which case the miner shall be fined under 

14 title 18, United States Code, or imprisoned for not more 

15 than 5 years, or both.’’. 

16 (2) POSTING OF ADVANCE NOTICE PEN17 ALTIES.—Section 109 (30 U.S.C. 819) is amended 

18 by adding at the end the following: 

19 ‘‘(e) POSTING OF ADVANCE NOTICE PENALTIES.— 

20 Each operator of a coal or other mine shall post, on the 

21 bulletin board described in subsection (a) and in a con22 spicuous place near each staffed entrance onto the mine 

23 property, a notice stating, in a form and manner to be 

24 prescribed by the Secretary— 


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1 ‘‘(1) that it is unlawful pursuant to section 

2 110(e) for any person, with the intent to impede, 

3 interfere with, or frustrate an inspection conducted 

4 or to be conducted under this Act, to engage in, or 

5 direct another person to engage in, any conduct that 

6 a reasonable person would expect to result in ad7 vance notice of such inspection; and 

8 ‘‘(2) the maximum penalties for a violation 

9 under such subsection.’’. 

10 SEC. 304. COMMISSION REVIEW OF PENALTY ASSESS11 MENTS. 

12 Section 110(i) (30 U.S.C. 820(i)) is amended by 

13 striking ‘‘In assessing civil monetary penalties, the Com14 mission shall consider’’ and inserting the following: ‘‘In 

15 any review of a citation and proposed penalty assessment 

16 contested by an operator, the Commission shall assess not 

17 less than the penalty derived by using the same method18 ology (including any point system) prescribed in regula19 tions under this Act, so as to ensure consistency in oper20 ator penalty assessments, except that the Commission may 

21 assess a penalty for less than the amount that would result 

22 from the utilization of such methodology if the Commis23 sion finds that there are extraordinary circumstances. If 

24 there is no such methodology prescribed for a citation or 


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1 there are such extraordinary circumstances, the Commis2 sion shall assess the penalty by considering’’. 

3 SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT IN4 TEREST. 

5 (a) PRE-FINAL ORDER INTEREST.—Section 110(j) 

6 (30 U.S.C. 820(j)) is amended by striking the second and 

7 third sentences and inserting the following: ‘‘Pre-final 

8 order interest on such penalties shall begin to accrue on 

9 the date the operator contests a citation issued under this 

10 Act, including any mandatory health or safety standard 

11 or regulation promulgated under this Act, and shall end 

12 upon the issuance of the final order. Such pre-final order 

13 interest shall be calculated at the current underpayment 

14 rate determined by the Secretary of the Treasury pursu15 ant to section 6621 of the Internal Revenue Code of 1986, 

16 and shall be compounded daily. Post-final order interest 

17 shall begin to accrue 30 days after the date a final order 

18 of the Commission or the court is issued, and shall be 

19 charged at the rate of 8 percent per annum.’’. 

20 (b) ENSURING PAYMENT OF PENALTIES.— 

21 (1) AMENDMENTS.—Section 110 (30 U.S.C. 

22 820) is further amended— 

23 (A) by redesignating subsection (l) as sub24 section (m); and 


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1 (B) by inserting after subsection (k) the 

2 following: 

3 ‘‘(l) ENSURING PAYMENT OF PENALTIES.— 

4 ‘‘(1) DELINQUENT PAYMENT LETTER.—If the 

5 operator of a coal or other mine fails to pay any civil 

6 penalty assessment that has become a final order of 

7 the Commission or a court within 45 days after such 

8 assessment became a final order, the Secretary shall 

9 send the operator a letter advising the operator of 

10 the consequences under this subsection of such fail11 ure to pay. The letter shall also advise the operator 

12 of the opportunity to enter into or modify a payment 

13 plan with the Secretary based upon a demonstrated 

14 inability to pay, the procedure for entering into such 

15 plan, and the consequences of not entering into or 

16 not complying with such plan. 

17 ‘‘(2) WITHDRAWAL ORDERS FOLLOWING FAIL18 URE TO PAY.—If an operator that receives a letter 

19 under paragraph (1) has not paid the assessment by 

20 the date that is 180 days after such assessment be21 came a final order and has not entered into a pay22 ment plan with the Secretary, the Secretary shall 

23 issue an order requiring such operator to cause all 

24 persons, except those referred to in section 104(c), 

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1 tering, the mine that is covered by the final order 

2 described in paragraph (1), until the operator pays 

3 such assessment in full (including interest and ad4 ministrative costs) or enters into a payment plan 

5 with the Secretary. If such operator enters into a 

6 payment plan with the Secretary and at any time 

7 fails to comply with the terms specified in such pay8 ment plan, the Secretary shall issue an order requir9 ing such operator to cause all persons, except those 

10 referred to in section 104(c), to be withdrawn from 

11 the mine that is covered by such final order, and to 

12 be prohibited from entering such mine, until the op13 erator rectifies the noncompliance with the payment 

14 plan in the manner specified in such payment 

15 plan.’’. 

16 (2) APPLICABILITY AND EFFECTIVE DATE.— 

17 The amendments made by paragraph (1) shall apply 

18 to all unpaid civil penalty assessments under the 

19 Federal Mine Safety and Health Act of 1977 (30 

20 U.S.C. 801 et seq.), except that, for any unpaid civil 

21 penalty assessment that became a final order of the 

22 Commission or a court before the date of enactment 

23 of this Act, the time periods under section 110(n) of 

24 the Federal Mine Safety and Health Act of 1977 (as 

25 amended) (30 U.S.C. 820(n)) shall be calculated as 


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1 beginning on the date of enactment of this Act in2 stead of on the date of the final order. 

3 TITLE IV—MINERS’ RIGHTS AND 

4 PROTECTIONS 

5 SEC. 401. PROTECTION FROM RETALIATION. 

6 Section 105(c) (30 U.S.C. 815(c)) is amended to read 

7 as follows: 

8 ‘‘(c) PROTECTION FROM RETALIATION.— 

9 ‘‘(1) RETALIATION PROHIBITED.— 

10 ‘‘(A) RETALIATION FOR COMPLAINT OR

11 TESTIMONY.—No person shall discharge or in 

12 any manner discriminate against or cause to be 

13 discharged or cause discrimination against or 

14 otherwise interfere with the exercise of the stat15 utory rights of any miner or other employee of 

16 an operator, representative of miners, or appli17 cant for employment (including the spouse, sib18 ling, child, or parent of such miner or employee, 

19 if such individual is employed or is applying for 

20 employment at a mine under the control of the 

21 operator), because— 

22 ‘‘(i) such miner or other employee, 

23 representative, or applicant for employ24 ment— 


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1 ‘‘(I) has filed or made a com2 plaint, or is about to file or make a 

3 complaint, including a complaint noti4 fying the operator or the operator’s 

5 agent, or the representative of the 

6 miners at the coal or other mine of an 

7 alleged danger or safety or health vio8 lation in a coal or other mine; 

9 ‘‘(II) instituted or caused to be 

10 instituted, or is about to institute or 

11 cause to be instituted, any proceeding 

12 under or related to this Act or has 

13 testified or is about to testify in any 

14 such proceeding or because of the ex15 ercise by such miner or other em16 ployee, representative, or applicant for 

17 employment on behalf of him or her18 self or others of any right afforded by 

19 this Act, or has reported any injury or 

20 illness to an operator or agent; 

21 ‘‘(III) has testified or is about to 

22 testify before Congress or any Federal 

23 or State proceeding related to safety 

24 or health in a coal or other mine; or 


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1 ‘‘(IV) refused to violate any pro2 vision of this Act, including any man3 datory health and safety standard or 

4 regulation; or 

5 ‘‘(ii) such miner is the subject of med6 ical evaluations and potential transfer 

7 under a standard published pursuant to 

8 section 101. 

9 ‘‘(B) RETALIATION FOR REFUSAL TO PER10 FORM DUTIES.— 

11 ‘‘(i) IN GENERAL.—No person shall 

12 discharge or in any manner discriminate 

13 against a miner or other employee of an 

14 operator for refusing to perform the min15 er’s or other employee’s duties if the miner 

16 or other employee has a good-faith and 

17 reasonable belief that performing such du18 ties would pose a safety or health hazard 

19 to the miner or other employee or to any 

20 other miner or employee. 

21 ‘‘(ii) STANDARD.—For purposes of 

22 clause (i), the circumstances causing the 

23 miner’s or other employee’s good-faith be24 lief that performing such duties would pose 

25 a safety or health hazard shall be of such 


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1 a nature that a reasonable person, under 

2 the circumstances confronting the miner or 

3 other employee, would conclude that there 

4 is such a hazard. In order to qualify for 

5 protection under this paragraph, the miner 

6 or other employee, when practicable, shall 

7 have communicated or attempted to com8 municate the safety or health concern to 

9 the operator and have not received from 

10 the operator a response reasonably cal11 culated to allay such concern. 

12 ‘‘(2) COMPLAINT.—Any miner or other em13 ployee or representative of miners or applicant for 

14 employment who believes that he or she has been 

15 discharged, disciplined, or otherwise discriminated 

16 against by any person in violation of paragraph (1) 

17 may file a complaint with the Secretary alleging 

18 such discrimination not later than 180 days after 

19 the later of— 

20 ‘‘(A) the last date on which an alleged vio21 lation of paragraph (1) occurs; or 

22 ‘‘(B) the date on which the miner or other 

23 employee or representative knows or should rea24 sonably have known that such alleged violation 

25 occurred. 


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1 ‘‘(3) INVESTIGATION AND HEARING.— 

2 ‘‘(A) COMMENCEMENT OF INVESTIGATION

3 AND INITIAL DETERMINATION.—Upon receipt 

4 of such complaint, the Secretary shall forward 

5 a copy of the complaint to the respondent, and 

6 shall commence an investigation within 15 days 

7 of the Secretary’s receipt of the complaint, and, 

8 as soon as practicable after commencing such 

9 investigation, make the determination required 

10 under subparagraph (B) regarding the rein11 statement of the miner or other employee. 

12 ‘‘(B) REINSTATEMENT.—If the Secretary 

13 finds that such complaint was not frivolously 

14 brought, the Commission, on an expedited basis 

15 upon application of the Secretary, shall order 

16 the immediate reinstatement of the miner or 

17 other employee until there has been a final 

18 Commission order disposing of the underlying 

19 complaint of the miner or other employee. If ei20 ther the Secretary or the miner or other em21 ployee pursues the underlying complaint, such 

22 reinstatement shall remain in effect until the 

23 Commission has disposed of such complaint on 

24 the merits, regardless of whether the Secretary 

25 pursues such complaint by filing a complaint 


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1 under subparagraph (D) or the miner or other 

2 employee pursues such complaint by filing an 

3 action under paragraph (4). If neither the Sec4 retary nor the miner or other employee pursues 

5 the underlying complaint within the periods 

6 specified in paragraph (4), such reinstatement 

7 shall remain in effect until such time as the 

8 Commission may, upon motion of the operator 

9 and after providing notice and an opportunity 

10 to be heard to the parties, vacate such com11 plaint for failure to prosecute. 

12 ‘‘(C) INVESTIGATION.—Such investigation 

13 shall include interviewing the complainant 

14 and— 

15 ‘‘(i) providing the respondent an op16 portunity to submit to the Secretary a 

17 written response to the complaint and to 

18 present statements from witnesses or pro19 vide evidence; and 

20 ‘‘(ii) providing the complainant an op21 portunity to receive any statements or evi22 dence provided to the Secretary and to 

23 provide additional information or evidence, 

24 or to rebut any statements or evidence. 


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1 ‘‘(D) ACTION BY THE SECRETARY.—If, 

2 upon such investigation, the Secretary deter3 mines that the provisions of this subsection 

4 have been violated, the Secretary shall imme5 diately file a complaint with the Commission, 

6 with service upon the alleged violator and the 

7 miner or other employee, representative of min8 ers, or applicant for employment alleging such 

9 discrimination or interference and propose an 

10 order granting appropriate relief. 

11 ‘‘(E) ACTION OF THE COMMISSION.—The 

12 Commission shall afford an opportunity for a 

13 hearing on the record (in accordance with sec14 tion 554 of title 5, United States Code, but 

15 without regard to subsection (a)(3) of such sec16 tion) and thereafter shall issue an order, based 

17 upon findings of fact, affirming, modifying, or 

18 vacating the Secretary’s proposed order, or di19 recting other appropriate relief. Such order 

20 shall become final 30 days after its issuance. 

21 The complaining miner or other employee, rep22 resentative, or applicant for employment may 

23 present additional evidence on his or her own 

24 behalf during any hearing held pursuant to this 

25 paragraph. 


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1 ‘‘(F) RELIEF.—The Commission shall have 

2 authority in such proceedings to require a per3 son committing a violation of this subsection to 

4 take such affirmative action to abate the viola5 tion and prescribe a remedy as the Commission 

6 considers appropriate, including— 

7 ‘‘(i) the rehiring or reinstatement of 

8 the miner or other employee with back pay 

9 and interest and without loss of position or 

10 seniority, and restoration of the terms, 

11 rights, conditions, and privileges associated 

12 with the complainant’s employment; 

13 ‘‘(ii) any other compensatory and con14 sequential damages sufficient to make the 

15 complainant whole, and exemplary dam16 ages where appropriate; and 

17 ‘‘(iii) expungement of all warnings, 

18 reprimands, or derogatory references that 

19 have been placed in paper or electronic 

20 records or databases of any type relating 

21 to the actions by the complainant that 

22 gave rise to the unfavorable personnel ac23 tion, and, at the complainant’s direction, 

24 transmission of a copy of the decision on 

25 the complaint to any person whom the 


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1 complainant reasonably believes may have 

2 received such unfavorable information. 

3 ‘‘(4) NOTICE TO AND ACTION OF COMPLAIN4 ANT.— 

5 ‘‘(A) NOTICE TO COMPLAINANT.—Not 

6 later than 90 days of the receipt of a complaint 

7 filed under paragraph (2), the Secretary shall 

8 notify, in writing, the miner or other employee, 

9 applicant for employment, or representative of 

10 miners of his determination whether a violation 

11 has occurred. 

12 ‘‘(B) ACTION OF COMPLAINANT.—If the 

13 Secretary, upon investigation, determines that 

14 the provisions of this subsection have not been 

15 violated, the complainant shall have the right, 

16 within 30 days after receiving notice of the Sec17 retary’s determination, to file an action in his 

18 or her own behalf before the Commission, 

19 charging discrimination or interference in viola20 tion of paragraph (1). 

21 ‘‘(C) HEARING AND DECISION.—The Com22 mission shall afford an opportunity for a hear23 ing on the record (in accordance with section 

24 554 of title 5, United States Code, but without 

25 regard to subsection (a)(3) of such section), 


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1 and thereafter shall issue an order, based upon 

2 findings of fact, dismissing or sustaining the 

3 complainant’s charges and, if the charges are 

4 sustained, granting such relief as it deems ap5 propriate as described in paragraph (3)(D). 

6 Such order shall become final 30 days after its 

7 issuance. 

8 ‘‘(5) BURDEN OF PROOF.—In adjudicating a 

9 complaint pursuant to this subsection, the Commis10 sion may determine that a violation of paragraph (1) 

11 has occurred only if the complainant demonstrates 

12 that any conduct described in paragraph (1) with re13 spect to the complainant was a contributing factor 

14 in the adverse action alleged in the complaint. A de15 cision or order that is favorable to the complainant 

16 shall not be issued pursuant to this subsection if the 

17 respondent demonstrates by clear and convincing 

18 evidence that the respondent would have taken the 

19 same adverse action in the absence of such conduct. 

20 ‘‘(6) ATTORNEYS’ FEES.—Whenever an order is 

21 issued sustaining the complainant’s charges under 

22 this subsection, a sum equal to the aggregate 

23 amount of all costs and expenses, including attor24 ney’s fees, as determined by the Commission to have 

25 been reasonably incurred by the complainant for, or 


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1 in connection with, the institution and prosecution of 

2 such proceedings shall be assessed against the per3 son committing such violation. The Commission 

4 shall determine whether such costs and expenses 

5 were reasonably incurred by the complainant without 

6 reference to whether the Secretary also participated 

7 in the proceeding. 

8 ‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE9 VIEW.—Proceedings under this subsection shall be 

10 expedited by the Secretary and the Commission. Any 

11 order issued by the Commission under this sub12 section shall be subject to judicial review in accord13 ance with section 106. Violations by any person of 

14 paragraph (1) shall be subject to the provisions of 

15 sections 108 and 110(a)(4). 

16 ‘‘(8) PROCEDURAL RIGHTS.—The rights and 

17 remedies provided for in this subsection may not be 

18 waived by any agreement, policy, form, or condition 

19 of employment, including by any pre-dispute arbitra20 tion agreement or collective bargaining agreement. 

21 ‘‘(9) SAVINGS.—Nothing in this subsection shall 

22 be construed to diminish the rights, privileges, or 

23 remedies of any miner or employee who exercises 

24 rights under any Federal or State law or common 

25 law, or under any collective bargaining agreement.’’. 


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1 SEC. 402. PROTECTION FROM LOSS OF PAY. 

2 Section 111 (30 U.S.C. 821) is amended to read as 

3 follows: 

4 ‘‘SEC. 111. ENTITLEMENT OF MINERS. 

5 ‘‘(a) PROTECTION FROM LOSS OF PAY.— 

6 ‘‘(1) WITHDRAWAL ORDERS.—If a coal or other 

7 mine or area of such mine is closed by an order 

8 issued under section 103, 104, 107, 108, or 110, all 

9 miners working during the shift when such order 

10 was issued who are idled by such order shall be enti11 tled, regardless of the result of any review of such 

12 order, to full compensation by the operator at their 

13 regular rates of pay for the period they are idled, 

14 but for not more than the balance of such shift. If 

15 such order is not terminated prior to the next work16 ing shift, all miners on that shift who are idled by 

17 such order shall be entitled to full compensation by 

18 the operator at their regular rates of pay for the pe19 riod they are idled, but for not more than four hours 

20 of such shift. If a coal or other mine or area of such 

21 mine is closed by an order issued under section 104, 

22 107 (in connection with a citation), 108, or 110, all 

23 miners who are idled by such order shall be entitled, 

24 regardless of the result of any review of such order, 

25 to full compensation by the operator at their regular 

26 rates of pay and in accordance with their regular 


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1 schedules of pay for the entire period for which they 

2 are idled, not to exceed 60 days. 

3 ‘‘(2) CLOSURE IN ADVANCE OF ORDER.—If the 

4 Secretary finds that such mine or such area of a 

5 mine was closed by the operator in anticipation of 

6 the issuance of such an order, all miners who are 

7 idled by such closure shall be entitled to full com8 pensation by the operator at their regular rates of 

9 pay and in accordance with their regular schedules 

10 of pay, from the time of such closure until such time 

11 as the Secretary authorizes reopening of such mine 

12 or such area of the mine, not to exceed 60 days, ex13 cept where an operator promptly withdraws miners 

14 upon discovery of a hazard, and notifies the Sec15 retary where required, and within the prescribed 

16 time period. 

17 ‘‘(3) REFUSAL TO COMPLY.—Whenever an op18 erator violates or fails or refuses to comply with any 

19 order issued under section 103, 104, 107, 108, or 

20 110, all miners employed at the affected mine who 

21 would have been withdrawn from, or prevented from 

22 entering, such mine or area thereof as a result of 

23 such order shall be entitled to full compensation by 

24 the operator at their regular rates of pay, in addi25 tion to pay received for work performed after such 


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1 order was issued, for the period beginning when 

2 such order was issued and ending when such order 

3 is complied with, vacated, or terminated. 

4 ‘‘(b) ENFORCEMENT.— 

5 ‘‘(1) COMMISSION ORDERS.—The Commission 

6 shall have authority to order compensation due 

7 under this section upon the filing of a complaint by 

8 a miner or his representative and after opportunity 

9 for hearing on the record subject to section 554 of 

10 title 5, United States Code. Whenever the Commis11 sion issues an order sustaining the complaint under 

12 this subsection in whole or in part, the Commission 

13 shall award the complainant reasonable attorneys’ 

14 fees and costs. 

15 ‘‘(2) FAILURE TO PAY COMPENSATION DUE.— 

16 Consistent with the authority of the Secretary to 

17 order miners withdrawn from a mine under this Act, 

18 the Secretary shall order a mine that has been sub19 ject to a withdrawal order under section 103, 104, 

20 107, 108, or 110, and has reopened, to be closed 

21 again if compensation in accordance with the provi22 sions of this section is not paid by the end of the 

23 next regularly scheduled payroll period following the 

24 lifting of a withdrawal order. 


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1 ‘‘(c) EXPEDITED REVIEW.—If an order is issued 

2 which results in payments to miners under subsection (a), 

3 the operators shall have the right to an expedited review 

4 before the Commission using timelines and procedures es5 tablished pursuant to section 316(b)(2)(G)(ii).’’. 

6 SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT 

7 STANDARD FOR MINES PLACED IN PATTERN 

8 STATUS. 

9 The Federal Mine Safety and Health Act of 1977 is 

10 further amended by adding at the end of title I the fol11 lowing: 

12 ‘‘SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT 

13 STANDARD FOR MINES PLACED IN PATTERN 

14 STATUS. 

15 ‘‘(a) IN GENERAL.—For purposes of ensuring min16 ers’ health and safety and miners’ right to raise concerns 

17 thereof, when an underground coal mine is placed in pat18 tern status pursuant to section 104(e), and for 3 years 

19 after such placement, the operator of such mine may not 

20 discharge or constructively discharge a miner who is paid 

21 on an hourly basis and employed at such underground coal 

22 mine without reasonable job-related grounds based on a 

23 failure to satisfactorily perform job duties, including com24 pliance with this Act and with mandatory health and safe25 ty standards or other regulations issued under this Act, 


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1 or other legitimate business reason, where the miner has 

2 completed the employer’s probationary period, not to ex3 ceed 6 months. 

4 ‘‘(b) CAUSE OF ACTION.—A miner aggrieved by a 

5 violation of subsection (a) may file a complaint in Federal 

6 district court in the district where the mine is located 

7 within 1 year of such violation. 

8 ‘‘(c) REMEDIES.—In an action under subsection (b), 

9 for any prevailing miner the court shall take affirmative 

10 action to further the purposes of the Act, which may in11 clude reinstatement with backpay and compensatory dam12 ages. Reasonable attorneys’ fees and costs shall be award13 ed to any prevailing miner under this section. 

14 ‘‘(d) PRE-DISPUTE WAIVER PROHIBITED.—A min15 er’s right to a cause of action under this section may not 

16 be waived with respect to disputes that have not arisen 

17 as of the time of the waiver. 

18 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 

19 be construed to limit the availability of rights and rem20 edies of miners under any other State or Federal law or 

21 a collective bargaining agreement.’’. 


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1 TITLE V—MODERNIZING 

2 HEALTH AND SAFETY STAND3 ARDS 

4 SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 

5 Section 303(d) (30 U.S.C. 863(d)) is amended by 

6 adding at the end the following: 

7 ‘‘(3)(A) Not later than 30 days after the issuance of 

8 the interim final rules promulgated under subparagraph 

9 (B), each operator of an underground coal mine shall im10 plement a communication program at the underground 

11 coal mine to ensure that each miner is orally briefed on 

12 and made aware of, prior to traveling to or arriving at 

13 the miner’s work area and commencing the miner’s as14 signed tasks— 

15 ‘‘(i) any conditions that are hazardous, or that 

16 violate a mandatory health or safety standard or a 

17 plan approved under this Act, where the miner is ex18 pected to work or travel; and 

19 ‘‘(ii) the general conditions of that miner’s as20 signed working section or other area where the 

21 miner is expected to work or travel. 

22 ‘‘(B) Not later than 180 days after the date of enact23 ment of the Robert C. Byrd Mine Safety Protection Act 

24 of 2011, the Secretary shall promulgate interim final rules 

25 implementing the requirements of subparagraph (A). The 


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1 Secretary shall issue a final rule not later than 2 years 

2 after such date.’’. 

3 SEC. 502. ROCK DUST STANDARDS. 

4 (a) STANDARDS.—Section 304(d) (30 U.S.C. 864(d)) 

5 is amended— 

6 (1) by striking ‘‘Where rock’’ and inserting the 

7 following: ‘‘ROCK DUST.— 

8 ‘‘(1) IN GENERAL.—Where rock’’; 

9 (2) by striking ‘‘65 per centum’’ and all that 

10 follows and inserting ‘‘80 percent. Where methane is 

11 present in any ventilating current, the percentage of 

12 incombustible content of such combined dusts shall 

13 be increased 0.4 percent for each 0.1 percent of 

14 methane.’’; and 

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

16 ‘‘(2) METHODS OF MEASUREMENT.— 

17 ‘‘(A) IN GENERAL.—Each operator of an 

18 underground coal mine shall take accurate and 

19 representative samples which shall measure the 

20 total incombustible content of combined coal 

21 dust, rock dust, and other dust in such mine to 

22 ensure that the coal dust is kept below explosive 

23 levels through the appropriate application of 

24 rock dust. 


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1 ‘‘(B) DIRECT READING MONITORS.—By 

2 the later of June 15, 2011, or the date that is 

3 30 days after the Secretary of Health and 

4 Human Services has certified in writing that di5 rect reading monitors are commercially avail6 able to measure total incombustible content in 

7 samples of combined coal dust, rock dust, and 

8 other dust and the Department of Labor has 

9 approved such monitors for use in underground 

10 coal mines, the Secretary shall require opera11 tors to take such dust samples using direct 

12 reading monitors. 

13 ‘‘(C) REGULATIONS.—The Secretary shall, 

14 not later than 180 days after the date of enact15 ment of the Robert C. Byrd Mine Safety Pro16 tection Act of 2011, promulgate an interim 

17 final rule that prescribes methods for operator 

18 sampling of total incombustible content in sam19 ples of combined coal dust, rock dust, and other 

20 dust using direct reading monitors and includes 

21 requirements for locations, methods, and inter22 vals for mandatory operator sampling. 

23 ‘‘(D) RECOMMENDATIONS.—Not later than 

24 1 year after the date of enactment of the Rob25 ert C. Byrd Mine Safety Protection Act of 


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1 2011, the Secretary of Health and Human 

2 Services shall, based upon the latest research, 

3 recommend to the Secretary of Labor any revi4 sions to the mandatory operator sampling loca5 tions, methods, and intervals included in the in6 terim final rule described in subparagraph (B) 

7 that may be warranted in light of such re8 search. 

9 ‘‘(3) LIMITATION.—Until a final rule is issued 

10 by the Secretary under section 502(b)(2) of the Rob11 ert C. Byrd Mine Safety Protection Act of 2011, any 

12 measurement taken by a direct reading monitor de13 scribed in paragraph (2) shall not be admissible to 

14 establish a violation in an enforcement action under 

15 this Act.’’. 

16 (b) REPORT AND RULEMAKING AUTHORITY.— 

17 (1) REPORT.—Not later than 2 years after the 

18 date of enactment of this Act, the Secretary of 

19 Health and Human Services, in consultation with 

20 the Secretary of Labor, shall prepare and submit, to 

21 the Committee on Education and the Workforce of 

22 the House of Representatives and the Committee on 

23 Health, Education, Labor, and Pensions of the Sen24 ate, a report— 


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1 (A) regarding whether any direct reading 

2 monitor described in section 304(d)(2)(B) of 

3 the Federal Mine Safety and Health Act of 

4 1977 (30 U.S.C. 864(d)(2)(B)) is sufficiently 

5 reliable and accurate for the enforcement of the 

6 mandatory health or safety standards by the 

7 Secretary of Labor under such Act, and wheth8 er additional improvement to such direct read9 ing monitor, or additional verification regarding 

10 reliability and accuracy, would be needed for 

11 enforcement purposes; and 

12 (B) identifying any limitations or impedi13 ments for such use in underground coal mines. 

14 (2) AUTHORITY.—If the Secretary determines 

15 that such direct reading monitor is sufficiently reli16 able and accurate for the enforcement of mandatory 

17 health and safety standards under the Federal 

18 Mines Safety and Health Act of 1977 following such 

19 report or any update thereto, the Secretary shall 

20 promulgate a final rule authorizing the use of such 

21 direct reading monitor for purposes of compliance 

22 and enforcement, in addition to other methods for 

23 determining total incombustible content. Such rule 

24 shall specify mandatory operator sampling locations, 

25 methods, and intervals. 


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1 SEC. 503. ATMOSPHERIC MONITORING SYSTEMS. 

2 Section 317 (30 U.S.C. 877) is amended by adding 

3 at the end the following: 

4 ‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 

5 ‘‘(1) NIOSH RECOMMENDATIONS.—Not later 

6 than 1 year after the date of enactment of the Rob7 ert C. Byrd Mine Safety Protection Act of 2011, the 

8 Director of the National Institute for Occupational 

9 Safety and Health, acting through the Office of 

10 Mine Safety and Health Research, in consultation, 

11 including through technical working groups, with op12 erators, vendors, State mine safety agencies, the 

13 Secretary, and labor representatives of miners, shall 

14 issue recommendations to the Secretary regarding— 

15 ‘‘(A) how to ensure that atmospheric moni16 toring systems are utilized in the underground 

17 coal mining industry to maximize the health 

18 and safety of underground coal miners; 

19 ‘‘(B) the implementation of redundant sys20 tems, such as the bundle tubing system, that 

21 can continuously monitor the mine atmosphere 

22 following incidents such as fires, explosions, en23 trapments, and inundations; and 

24 ‘‘(C) other technologies available to con25 duct continuous atmospheric monitoring. 


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1 ‘‘(2) ATMOSPHERIC MONITORING SYSTEM REG2 ULATIONS.—Not later than 1 year following the re3 ceipt of the recommendations described in paragraph 

4 (1), the Secretary shall promulgate regulations re5 quiring that each operator of an underground coal 

6 mine install atmospheric monitoring systems, con7 sistent with such recommendations, that— 

8 ‘‘(A) protect miners where the miners nor9 mally work and travel; 

10 ‘‘(B) provide real-time information regard11 ing methane and carbon monoxide levels, and 

12 airflow direction, as appropriate, with sensing, 

13 annunciating, and recording capabilities; and 

14 ‘‘(C) can, to the maximum extent prac15 ticable, withstand explosions and fires.’’. 

16 SEC. 504. TECHNOLOGY RELATED TO RESPIRABLE DUST. 

17 Section 202(d) (30 U.S.C. 842(d)) is amended— 

18 (1) by striking ‘‘of Health, Education, and Wel19 fare’’; and 

20 (2) by striking the second sentence and insert21 ing the following: ‘‘Not later than 2 years after the 

22 date of enactment of the Robert C. Byrd Mine Safe23 ty Protection Act of 2011, the Secretary shall pro24 mulgate final regulations that require operators, be25 ginning on the date such regulations are issued, to 


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1 provide coal miners with the maximum feasible pro2 tection from respirable dust, including coal and silica 

3 dust, that is achievable through environmental con4 trols, and that meet the applicable standards.’’. 

5 SEC. 505. REFRESHER TRAINING ON MINERS’ RIGHTS AND 

6 RESPONSIBILITIES. 

7 (a) IN GENERAL.—Section 115(a)(3) (30 U.S.C. 

8 825(a)(3)) is amended to read as follows: 

9 ‘‘(3) all miners shall receive not less than 9 

10 hours of refresher training not less frequently than 

11 once every 12 months, and such training shall in12 clude one hour of training on the statutory rights 

13 and responsibilities of miners and their representa14 tives under this Act and other applicable Federal 

15 and State law, pursuant to a program of instruction 

16 developed by the Secretary and delivered by an em17 ployee of the Administration or by a trainer ap18 proved by the Administration that is a party inde19 pendent from the operator;’’. 

20 (b) NATIONAL HAZARD REPORTING HOTLINE.—Sec21 tion 115 (30 U.S.C. 825) is further amended— 

22 (1) by redesignating subsections (c) through (e) 

23 as subsections (d) through (f), respectively; and 

24 (2) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) Any health and safety training program of in2 struction provided under this section shall include dis3 tribution to miners of information regarding miners’ 

4 rights under the Act, as well as a toll-free hotline tele5 phone number, which the Secretary shall maintain to re6 ceive complaints from miners and the public regarding 

7 hazardous conditions, discrimination, safety or health vio8 lations, or other mine safety or health concerns. Informa9 tion regarding the hotline shall be provided in a portable, 

10 convenient format, such as a durable wallet card, to enable 

11 miners to keep the information on their person.’’. 

12 (c) TIMING OF INITIAL STATUTORY RIGHTS TRAIN13 ING.—Notwithstanding section 115 of the Federal Mine 

14 Safety and Health Act (as amended by subsection (a)) (30 

15 U.S.C. 825) or the health and safety training program ap16 proved under such section, an operator shall ensure that 

17 all miners already employed by the operator on the date 

18 of enactment of this Act shall receive the one hour of stat19 utory rights and responsibilities training described in sec20 tion 115(a)(3) of such Act not later than 180 days after 

21 such date. 

22 SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 

23 (a) IN GENERAL.—Section 115 (30 U.S.C. 825) is 

24 further amended by redesignating subsections (e) and (f) 


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1 (as redesignated) as subsections (f) and (g) and inserting 

2 after subsection (d) (as redesignated) the following: 

3 ‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN4 ING.— 

5 ‘‘(1) IN GENERAL.—The Secretary is authorized 

6 to issue an order requiring that an operator of a 

7 coal or other mine provide additional training be8 yond what is otherwise required by law, and speci9 fying the time within which such training shall be 

10 provided, if the Secretary finds that— 

11 ‘‘(A)(i) a serious or fatal accident has oc12 curred at such mine; or 

13 ‘‘(ii) such mine has experienced accident 

14 and injury rates, citations for violations of this 

15 Act (including mandatory health or safety 

16 standards or regulations promulgated under 

17 this Act), citations for significant and substan18 tial violations, or withdrawal orders issued 

19 under this Act at a rate above the average for 

20 mines of similar size and type; and 

21 ‘‘(B) additional training would benefit the 

22 health and safety of miners at the mine. 

23 ‘‘(2) WITHDRAWAL ORDER.—If the operator 

24 fails to provide training ordered under paragraph 

25 (1) within the specified time, the Secretary shall 


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1 issue an order requiring such operator to cause all 

2 affected persons, except those persons referred to in 

3 section 104(c), to be withdrawn, and to be prohib4 ited from entering such mine, until such operator 

5 has provided such training.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 104(g)(2) 

7 (30 U.S.C. 814(g)(2)) is amended by striking ‘‘under 

8 paragraph (1)’’ both places it appears and inserting 

9 ‘‘under paragraph (1) or under section 115(e)’’. 

10 SEC. 507. BROOKWOOD-SAGO MINE SAFETY GRANTS. 

11 Section 14(e)(2) of the Mine Improvement and New 

12 Emergency Response Act of 2006 (30 U.S.C. 965(e)(2)) 

13 is amended by inserting before the period ‘‘, and under14 ground mine rescue training activities which simulate 

15 mine accident conditions’’. 

16 SEC. 508. CERTIFICATION OF PERSONNEL. 

17 (a) IN GENERAL.—Title I is further amended by add18 ing at the end the following: 

19 ‘‘SEC. 118. CERTIFICATION OF PERSONNEL. 

20 ‘‘(a) CERTIFICATION REQUIRED.—Any person who is 

21 authorized or designated by the operator of a coal or other 

22 mine to perform any duties or provide any training that 

23 this Act, including a mandatory health or safety standard 

24 or regulation promulgated pursuant to this Act, requires 

25 to be performed or provided by a certified, registered, 


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1 qualified, or otherwise approved person, shall be permitted 

2 to perform such duties or provide such training only if 

3 such person has a current certification, registration, quali4 fication, or approval to perform such duties or provide 

5 such training consistent with the requirements of this sec6 tion. 

7 ‘‘(b) ESTABLISHMENT OF CERTIFICATION REQUIRE8 MENTS AND PROCEDURES.— 

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

10 the date of enactment of the Robert C. Byrd Mine 

11 Safety Protection Act of 2011, the Secretary shall 

12 issue mandatory standards to establish— 

13 ‘‘(A) requirements for such certification, 

14 registration, qualification, or other approval, in15 cluding the experience, examinations, and ref16 erences that may be required as appropriate; 

17 ‘‘(B) time limits for such certifications and 

18 procedures for obtaining and renewing such cer19 tification, registration, qualification, or other 

20 approval; and 

21 ‘‘(C) procedures and criteria for revoking 

22 such certification, registration, qualification, or 

23 other approval, including procedures that en24 sure that the Secretary (or a State agency, as 

25 applicable) responds to requests for revocation 


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1 and that the names of individuals whose certifi2 cation or other approval has been revoked are 

3 provided to and maintained by the Secretary, 

4 and are made available to appropriate State 

5 agencies through an electronic database. 

6 ‘‘(2) COORDINATION WITH STATES.—In devel7 oping such standards, the Secretary shall consult 

8 with States that have miner certification programs 

9 to ensure effective coordination with existing State 

10 standards and requirements for certification. The 

11 standards required under paragraph (1) shall pro12 vide that the certification, registration, qualification, 

13 or other approval of the State in which the coal or 

14 other mine is located satisfies the requirement of 

15 subsection (a) if the State’s program of certification, 

16 registration, qualification, or other approval is no 

17 less stringent than the standards established by the 

18 Secretary under paragraph (1). 

19 ‘‘(c) OPERATOR FEES FOR CERTIFICATION.— 

20 ‘‘(1) ASSESSMENT AND COLLECTION.—Begin21 ning 180 days after the date of enactment of the 

22 Robert C. Byrd Mine Safety Protection Act of 2011, 

23 the Secretary shall assess and collect fees, in accord24 ance with this subsection, from each operator for 

25 each person certified under this section. Fees shall 


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1 be assessed and collected in amounts determined by 

2 the Secretary as necessary to fund the certification 

3 programs established under this section. 

4 ‘‘(2) USE.—Amounts collected as provided in 

5 paragraph (1) shall only be available to the Sec6 retary, as provided in paragraph (3), for making ex7 penditures to carry out the certification programs 

8 established under this subsection. 

9 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In 

10 addition to funds authorized to be appropriated 

11 under section 114, there is authorized to be appro12 priated to the Secretary for each fiscal year in which 

13 fees are collected under paragraph (1) an amount 

14 equal to the total amount of fees collected under 

15 paragraph (1) during that fiscal year. Such amounts 

16 are authorized to remain available until expended. If 

17 on the first day of a fiscal year a regular appropria18 tion to the Administration has not been enacted, the 

19 Administration shall continue to collect fees (as off20 setting collections) under this subsection at the rate 

21 in effect during the preceding fiscal year, until 5 

22 days after the date such regular appropriation is en23 acted. 

24 ‘‘(4) COLLECTING AND CREDITING OF FEES.— 

25 Fees authorized and collected under this subsection 


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1 shall be deposited and credited as offsetting collec2 tions to the account providing appropriations to the 

3 Mine Safety and Health Administration and shall 

4 not be collected for any fiscal year except to the ex5 tent and in the amount provided in advance in ap6 propriation Acts. 

7 ‘‘(d) CITATION; WITHDRAWAL ORDER.—Any oper8 ator who permits a person to perform any of the health 

9 or safety related functions described in subsection (a) 

10 without a current certification which meets the require11 ments of this section shall be considered to have com12 mitted an unwarrantable failure under section 104(d)(1), 

13 and the Secretary shall issue an order requiring that the 

14 miner be withdrawn or reassigned to duties that do not 

15 require such certification.’’. 

16 (b) CONFORMING AMENDMENTS.—Section 318 (30 

17 U.S.C. 878) is amended— 

18 (1) by striking subsections (a) and (b); 

19 (2) in subsection (c), by redesignating para20 graphs (1) through (3) as subparagraphs (A) 

21 through (C), respectively; 

22 (3) in subsection (g), by redesignating para23 graphs (1) through (4) as subparagraphs (A) 

24 through (D), respectively; and 


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1 (4) by redesignating subsections (c) through (j) 

2 as paragraphs (1) through (8), respectively. 

3 TITLE VI—ADDITIONAL MINE 

4 SAFETY PROVISIONS 

5 SEC. 601. DEFINITIONS. 

6 (a) DEFINITION OF OPERATOR.—Section 3(d) is 

7 amended to read as follows: 

8 ‘‘(d) ‘operator’ means— 

9 ‘‘(1) any owner, lessee, or other person 

10 that— 

11 ‘‘(A) operates or supervises a coal or 

12 other mine; or 

13 ‘‘(B) controls such mine by making or 

14 having the authority to make management 

15 or operational decisions that affect, directly 

16 or indirectly, the health or safety at such 

17 mine; or 

18 ‘‘(2) any independent contractor per19 forming services or construction at such mine;’’. 

20 (b) DEFINITION OF AGENT.—Section 3(e) (30 U.S.C. 

21 802(e)) is amended by striking ‘‘the miners’’ and inserting 

22 ‘‘any miner’’. 

23 (c) DEFINITION OF MINER.—Section 3(g) (30 U.S.C. 

24 802(g)) is amended by inserting after ‘‘or other mine’’ the 

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1 rently working in a coal or other mine but would be cur2 rently working in such mine, but for an accident in such 

3 mine’’. 

4 (d) DEFINITION OF SIGNIFICANT AND SUBSTANTIAL

5 VIOLATIONS.—Section 3 (30 U.S.C. 802) is further 

6 amended— 

7 (1) in subsection (m), by striking ‘‘and’’ after 

8 the semicolon; 

9 (2) in subsection (n), by striking the period at 

10 the end and inserting a semicolon; 

11 (3) in subsection (o), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(p) ‘significant and substantial violation’ 

15 means a violation of this Act, including any manda16 tory health or safety standard or regulation promul17 gated under this Act, that is of such nature as could 

18 significantly and substantially contribute to the 

19 cause and effect of a coal or other mine safety or 

20 health hazard as described in section 104(d).’’. 

21 SEC. 602. ASSISTANCE TO STATES. 

22 Section 503 (30 U.S.C. 953(a)) is amended— 

23 (1) in subsection (a)— 

24 (A) in the matter preceding paragraph (1), 

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1 retary of Health, Education, and Welfare and 

2 the Secretary of the Interior,’’; 

3 (B) in paragraph (2), by striking ‘‘and’’ 

4 after the semicolon; 

5 (C) in paragraph (3), by striking the pe6 riod and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(4) to assist such State in developing and im9 plementing any certification program for coal or 

10 other mines required for compliance with section 

11 118.’’; and 

12 (2) in subsection (h), by striking ‘‘$3,000,000 

13 for fiscal year 1970, and $10,000,000 annually in 

14 each succeeding fiscal year’’ and inserting 

15 ‘‘$20,000,000 for each fiscal year’’. 

16 SEC. 603. BLACK LUNG MEDICAL REPORTS. 

17 Title IV of the Black Lung Benefits Act (30 U.S.C. 

18 901 et seq.) is amended by adding at the end the fol19 lowing: 

20 ‘‘SEC. 435. MEDICAL REPORTS. 

21 ‘‘In any claim for benefits for a miner under this title, 

22 an operator that requires a miner to submit to a medical 

23 examination regarding the miner’s respiratory or pul24 monary condition shall, not later than 14 days after the 

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1 plete copy of the examining physician’s report. The exam2 ining physician’s report shall be in writing and shall set 

3 out in detail the examiner’s findings, including any diag4 noses and conclusions and the results of any diagnostic 

5 imaging techniques and tests that were performed on the 

6 miner.’’. 

7 SEC. 604. AUTHORIZATION OF COOPERATIVE AGREEMENTS 

8 BY NIOSH OFFICE OF MINE SAFETY AND 

9 HEALTH. 

10 Section 22(h)(3) of the Occupational Safety and 

11 Health Act of 1970 (29 U.S.C. 671(h)(3)) is amended— 

12 (1) in subparagraph (B), by striking ‘‘and’’ at 

13 the end; 

14 (2) by redesignating subparagraph (C) as sub15 paragraph (D); and 

16 (3) by inserting after subparagraph (B) the fol17 lowing: 

18 ‘‘(C) enter into cooperative agreements or 

19 contracts with international institutions and 

20 private entities to improve mine safety and 

21 health through the development and evaluation 

22 of new interventions; and’’. 

23 SEC. 605. RULES OF APPLICATION TO CERTAIN MINES. 

24 (a) INAPPLICABILITY OF AMENDMENTS TO CERTAIN

25 MINES.— 


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1 (1) SPECIAL RULE.—Subject to paragraph (2), 

2 the amendments made by this Act shall not apply 

3 to— 

4 (A) surface mines, except for surface facili5 ties or impoundments physically connected to— 

6 (i) underground coal or underground 

7 metal mines; or 

8 (ii) other underground mines which 

9 are gassy mines; or 

10 (B) underground mines which are not coal, 

11 metal, or gassy mines. 

12 (2) EXCEPTIONS.—Notwithstanding paragraph 

13 (1), the amendments made by sections 101, 301(c), 

14 303(a)(4), 304, 305(a), 401, 601, 602, and 603 

15 shall apply to the mines described in subparagraphs 

16 (A) and (B) of paragraph (1). 

17 (3) DEFINITION.—For purposes of this section, 

18 the term ‘‘gassy mine’’ means a mine, tunnel, or 

19 other underground workings in which a flammable 

20 mixture has been ignited, or has been found with a 

21 permissible flame safety lamp, or has been deter22 mined by air analysis to contain 0.25 percent or 

23 more (by volume) of methane in any open workings 

24 when tested at a point not less than 12 inches from 

25 the roof, face of rib. 


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1 (b) RULE OF CONSTRUCTION RELATING TO APPLICA2 BILITY OF CERTAIN PROVISIONS TO SURFACE MINES.— 

3 Title I is further amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 119. APPLICABILITY OF CERTAIN PROVISIONS TO 

6 CERTAIN MINES. 

7 ‘‘(a) RULE OF CONSTRUCTION.—Subject to sub8 section (c), with respect to the mines described in sub9 section (b), this Act as in effect on the date before the 

10 date of enactment of the Robert C. Byrd Mine Safety Pro11 tection Act of 2011, shall continue to apply to such mines 

12 as then in effect. 

13 ‘‘(b) APPLICABLE MINES.— 

14 ‘‘(1) IN GENERAL.—The mines referred to in 

15 subsection (a) are— 

16 ‘‘(A) surface mines, except for surface fa17 cilities or impoundments physically connected 

18 to— 

19 ‘‘(i) underground coal or underground 

20 metal mines; or 

21 ‘‘(ii) other underground mines which 

22 are gassy mines; and 

23 ‘‘(B) underground mines which are not 

24 coal, metal, or gassy mines. 


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1 ‘‘(2) DEFINITION.—As used in paragraph (1), 

2 the term ‘gassy mine’ means a mine, tunnel, or 

3 other underground workings in which a flammable 

4 mixture has been ignited, or has been found with a 

5 permissible flame safety lamp, or has been deter6 mined by air analysis to contain 0.25 percent or 

7 more (by volume) of methane in any open workings 

8 when tested at a point not less than 12 inches from 

9 the roof, face of rib. 

10 ‘‘(c) EXCEPTIONS.—Notwithstanding subsection (a), 

11 the amendments made by sections 101, 301(c), 303(a)(4), 

12 304, 305(a), 401, 601, 602, and 603 of the Robert C. 

13 Byrd Mine Safety Protection Act of 2011 shall apply to 

14 the mines described in subsection (b). 

15 ‘‘(d) SAVINGS PROVISION.—Nothing in this section 

16 shall impact the authority of the Secretary to promulgate 

17 or modify regulations pursuant to the authority under any 

18 such provisions as in effect on the date before the date 

19 of enactment of the Robert C. Byrd Mine Safety Protec20 tion Act of 2011, or shall be construed to alter or modify 

21 precedent with regards to the Commission or courts.’’. 

Æ 


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