I 

115TH CONGRESS 

1ST SESSION H. R. 1903 

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 5, 2017 

Mr. SCOTT of Virginia (for himself, Mr. TAKANO, Mr. COURTNEY, and Ms. 

WILSON of Florida) 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 2017’’. 

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. Procedures and criteria for determining a pattern of violations. 

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 of violations 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. Study on respirable dust standards. 

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. 

Sec. 509. Electronic records requirement. 

TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 

Sec. 601. Definitions. 

Sec. 602. Assistance to States. 

Sec. 603. Authorization of cooperative agreements by NIOSH Office of Mine 

Safety and Health. 

Sec. 604. Double encumbrance; succession plan. 


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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 Sep 11 2014 02:46 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1903.IH H1903

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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 2017, 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 to obtain in23 formation and witnesses which may be re24 quested by such 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 2017, 

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 

24 extent permitted by law, and prevent conVerDate Sep 11 2014 02:46 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1903.IH H1903

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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) SUBPOENAS; WITNESSES; CON8 TEMPT.— 

9 ‘‘(i) SUBPOENA AUTHORITY.—For the 

10 purpose of making any investigation of any 

11 accident or other occurrence relating to 

12 health or safety in a coal or other mine 

13 under this paragraph, the Director of the 

14 National Institute for Occupational Safety 

15 and Health shall at the request of a major16 ity of the Panel or upon his own initiative 

17 sign and issue subpoenas for the attend18 ance and testimony of witnesses and the 

19 production of relevant papers, books, and 

20 documents, and administer oaths. Wit21 nesses summoned shall be paid the same 

22 fees and mileage that are paid witnesses in 

23 the courts of the United States. 

24 ‘‘(ii) CONTUMACY.—In case of contu25 macy or refusal to obey a subpoena served 


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1 upon any person under this section, the 

2 district court of the United States for any 

3 district in which such person is found or 

4 resides or transacts business, upon applica5 tion by the United States and after notice 

6 to such person, shall have jurisdiction to 

7 issue an order requiring such person to ap8 pear and give testimony before the Direc9 tor or Panel, or to appear and produce 

10 documents before the Director or Panel, or 

11 both, and any failure to obey such order of 

12 the court may be punished by such court 

13 as a contempt thereof. 

14 ‘‘(iii) ADDITIONAL INVESTIGATIVE AU15 THORITY.—In carrying out inspections and 

16 investigations under this subsection, the 

17 staff of the Director or Panel and attor18 neys representing the Director or Panel 

19 are authorized to question any individual 

20 privately. Under this subparagraph, any 

21 individual who is willing to speak with or 

22 provide a statement to the Director or 

23 Panel’s staff or their attorneys, may do so 

24 without the presence, involvement, or 

25 knowledge of the operator or the operator’s 


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1 agents or attorneys. The Director or Panel 

2 shall keep the identity of an individual pro3 viding such a statement confidential to the 

4 extent permitted by law. Nothing in this 

5 paragraph prevents any individual from 

6 being represented by that individual’s per7 sonal attorney or other representative. 

8 ‘‘(H) AUTHORIZATION OF APPROPRIA9 TIONS.—There is authorized to be appropriated 

10 to carry out this subsection such sums as may 

11 be necessary. 

12 ‘‘(3) POWERS AND PROCESSES.—For the pur13 pose’’. 

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

15 (30 U.S.C. 958(a)) is amended by inserting after ‘‘501,’’ 

16 the following: ‘‘the status of implementation of rec17 ommendations from each independent investigation panel 

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

19 SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DUR20 ING INSPECTIONS AND INVESTIGATIONS. 

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

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

23 the following: 

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

25 making inspections and investigations, the Secretary 


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1 or the Secretary’s designee, may sign and issue sub2 poenas for the attendance and testimony of wit3 nesses and the production of information, including 

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

5 items of physical evidence, and administer oaths. 

6 Witnesses summoned shall be paid the same fees 

7 that are paid witnesses in the courts of the United 

8 States. In carrying out inspections and investiga9 tions under this subsection, authorized representa10 tives of the Secretary and attorneys representing the 

11 Secretary are authorized to question any individual 

12 privately. Under this section, any individual who is 

13 willing to speak with or provide a statement to such 

14 authorized representatives or attorneys representing 

15 the Secretary may do so without the presence, in16 volvement, or knowledge of the operator or the oper17 ator’s agents or attorneys. The Secretary shall keep 

18 the identity of an individual providing such a state19 ment confidential to the extent permitted by law. 

20 Nothing in this paragraph prevents any individual 

21 from being represented by that individual’s personal 

22 attorney or other representative.’’. 

23 SEC. 103. DESIGNATION OF MINER REPRESENTATIVE. 

24 Section 103(f) (30 U.S.C. 813(f)) is amended by in25 serting before the last sentence the following: ‘‘If any 


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1 miner is entrapped, disabled, killed, or otherwise prevented 

2 as the result of an accident in such mine from designating 

3 such a representative directly, such miner’s closest relative 

4 may act on behalf of such miner in designating such a 

5 representative. If any miner is not currently working in 

6 such mine as the result of an accident in such mine, but 

7 would be currently working in such mine but for such acci8 dent, such miner may designate such a representative. A 

9 representative of miners shall have the right to participate 

10 in any accident investigation the Secretary initiates pursu11 ant to subsection (b), including the right to participate 

12 in investigative interviews and to review all relevant pa13 pers, books, documents and records produced in connec14 tion with the accident investigation, unless the Secretary, 

15 in consultation with the Attorney General, excludes such 

16 representatives from the investigation on the grounds that 

17 inclusion would interfere with or adversely impact a crimi18 nal investigation that is pending or under consideration.’’. 

19 SEC. 104. ADDITIONAL AMENDMENTS RELATING TO IN20 SPECTIONS AND INVESTIGATIONS. 

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

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

23 sentence the following: ‘‘Such inspections shall be con24 ducted during the various shifts and days of the week dur25 ing which miners are normally present in the mine to enVerDate Sep 11 2014 02:46 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1903.IH H1903

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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 OF VIOLATIONS STA4 TUS.—Section 103(a) is further amended by inserting be5 fore the last sentence the following: ‘‘The Secretary shall, 

6 upon request by an operator, review with the appropriate 

7 mine officials the Secretary’s most recent evaluation for 

8 pattern of violations status (as provided in section 104(e)) 

9 for that mine during the course of a mine’s regular quar10 terly inspection of an underground mine or a biannual in11 spection of a surface mine, or, at the discretion of the Sec12 retary, during the 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 

24 foreseeable conflicts of interest resulting from such rep25 resentation. The Secretary is authorized to take such acVerDate Sep 11 2014 02:46 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1903.IH H1903

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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. PROCEDURES AND CRITERIA FOR DETERMINING 

7 A PATTERN OF VIOLATIONS. 

8 Part 104 of chapter I of title 30, Code of Federal 

9 Regulations, as revised by the Federal Mine Safety and 

10 Health Administration and published at 78 Fed. Reg. 

11 5073 (January 23, 2013) shall have the force and effect 

12 of law and shall remain in effect subject to an Act of Con13 gress. 

14 SEC. 203. INJUNCTIVE AUTHORITY. 

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

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

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

18 of the Secretary constitutes a continuing hazard to the 

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

20 or of mandatory health and safety standards or regula21 tions under this Act.’’. 

22 SEC. 204. REVOCATION OF APPROVAL OF PLANS. 

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

24 (1) by redesignating subsection (d) as sub25 section (e); and 


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1 (2) by inserting after subsection (c) the fol2 lowing: 

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

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

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

6 that was approved by the Secretary under this Act 

7 is based on inaccurate information or that cir8 cumstances that existed when such plan was ap9 proved have materially changed and that continued 

10 operation of such mine under such plan constitutes 

11 a hazard to the safety or health of miners, the Sec12 retary shall revoke the approval of such program or 

13 plan. 

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

15 of the approval of a program or plan under sub16 section (a), the Secretary may immediately issue an 

17 order requiring the operator to cause all persons, ex18 cept those persons referred to in section 104(c), to 

19 be withdrawn from such mine or an area of such 

20 mine, and to be prohibited from entering such mine 

21 or such area, until the operator has submitted and 

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


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1 SEC. 205. CHALLENGING A DECISION TO APPROVE, MOD2 IFY, OR REVOKE A COAL OR OTHER MINE 

3 PLAN. 

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

5 (30 U.S.C. 815(e)) is amended by adding at the end the 

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

7 the Secretary’s decision whether to approve, modify, or re8 voke a coal or other mine plan under this Act, the Com9 mission shall affirm the Secretary’s decision unless the 

10 challenging party establishes that such decision was arbi11 trary, capricious, an abuse of discretion, or otherwise not 

12 in accordance with law.’’. 

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

14 Not later than 1 year after the date of enactment 

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

16 to Congress on the timeliness of the Mine Safety and 

17 Health Administration’s approval of underground coal 

18 mines’ required plans and plan amendments, including— 

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

20 approval of these plans; and 

21 (2) as appropriate, recommendations for im22 proving timeliness of plan review and for achieving 

23 prompt decisions. 


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1 TITLE III—PENALTIES 

2 SEC. 301. CIVIL PENALTIES. 

3 (a) TARGETED PENALTIES.—Section 110(b) (30 

4 U.S.C. 820(b)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(3) A civil penalty of not more than $220,000 

7 may be assessed for— 

8 ‘‘(A) any change to a ventilation system or 

9 ventilation control in a coal or other mine, 

10 where such ventilation system or control is re11 quired by a ventilation plan, safety standard, or 

12 order, and such change is made without prior 

13 approval of the Secretary and diminishes the 

14 level of protection below the minimum require15 ments of the approved ventilation plan or appli16 cable safety standard or order; 

17 ‘‘(B) a violation of a mandatory health and 

18 safety standard requiring rock dusting in a coal 

19 mine; 

20 ‘‘(C) a violation of the statutory prohibi21 tion on providing advance notice of an inspec22 tion; or 

23 ‘‘(D) a violation of a mandatory health and 

24 safety standard requiring examinations of work 

25 areas in an underground coal mine.’’. 


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1 (b) INCREASED CIVIL PENALTIES DURING PATTERN

2 OF VIOLATIONS STATUS.—Section 110(b) (30 U.S.C. 

3 820(b)) is further amended by adding at the end the fol4 lowing: 

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

6 an operator of a coal or other mine that is in pattern of 

7 violations status under section 104(e) shall be assessed an 

8 increased civil penalty for any violation of this Act, includ9 ing any mandatory health or safety standard or regulation 

10 promulgated under this Act. Such increased penalty shall 

11 be twice the amount that would otherwise be assessed for 

12 the violation under this Act, including the regulations pro13 mulgated under this Act, subject to the maximum civil 

14 penalty established for the violation under this Act.’’. 

15 (c) CIVIL PENALTY FOR RETALIATION.—Section 

16 110(a) (30 U.S.C. 820(a)) is further amended— 

17 (1) by redesignating paragraph (4) as para18 graph (5); and 

19 (2) by inserting after paragraph (3) the fol20 lowing: 

21 ‘‘(4) If any person violates section 105(c), the Sec22 retary shall propose, and the Commission shall assess, a 

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

24 $100,000 for the first occurrence of such violation, and 


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1 not less than $20,000 or more than $200,000 for any sub2 sequent violation, during any 3-year period.’’. 

3 (d) TECHNICAL CORRECTION.—Section 110(a)(1) 

4 (30 U.S.C. 820(a)(1)) is amended by inserting ‘‘including 

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

6 Act,’’. 

7 SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DI8 RECTORS, AND AGENTS. 

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

10 as follows: 

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

12 DIRECTORS, AND AGENTS.— 

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

14 engages in conduct for which the operator is subject 

15 to civil penalties under this section, any director, of16 ficer, or agent of such operator who knowingly au17 thorizes, orders, or carries out such conduct, or who 

18 knowingly authorizes, orders, or carries out any pol19 icy or practice that results in such conduct and hav20 ing reason to believe it would so result, shall be sub21 ject to the same civil penalties under this section as 

22 if it were an operator engaging in such conduct. 

23 ‘‘(2) CRIMINAL PENALTIES.—Whenever an op24 erator engages in conduct for which the operator is 

25 subject to criminal penalties under subsection (d), 


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1 any director, officer, or agent of such operator who 

2 knowingly authorizes, orders, or carries out such 

3 conduct, or who knowingly authorizes, orders, or 

4 carries out a policy or practice that results in such 

5 conduct, and knowing that it will so result, shall be 

6 subject to the same penalties under paragraph (1) or 

7 (2) of subsection (d) as if such person were an oper8 ator engaging in such conduct.’’. 

9 SEC. 303. CRIMINAL PENALTIES. 

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

11 amended by striking subsection (d) and— 

12 (1) by inserting the following new heading: 

13 ‘‘(d) CRIMINAL PENALTIES.—’’; 

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

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

16 paragraph: 

17 ‘‘(1) IN GENERAL.—Whoever, being an oper18 ator, knowingly— 

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

20 standard, or 

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

22 with any order issued under section 104 or sec23 tion 107, or any order incorporated in a final 

24 decision issued under this Act (except an order 


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1 incorporated in a decision under subsection 

2 (a)(1) or section 105(c)), 

3 shall, upon conviction, be fined not more than 

4 $250,000, or imprisoned for not more than 1 year, 

5 or both, except that if the operator commits the vio6 lation after having been previously convicted of a 

7 violation under this paragraph and if, the operator 

8 knows or has reason to know that such subsequent 

9 violation has the potential to expose a miner to risk 

10 of serious injury, serious illness, or death, the oper11 ator shall, upon conviction, be fined not more than 

12 $1,000,000, or imprisoned for not more than 5 

13 years, or both.’’; 

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

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

16 new paragraph: 

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

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

19 operator, knowingly— 

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

21 safety device (except with express authorization 

22 from the Secretary), 

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

24 standard, or 


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

2 with an order issued under section 104 or 107, 

3 or any order incorporated in a final decision 

4 issued under this Act (except an order incor5 porated in a decision under subsection (a)(1) or 

6 section 105(c)), 

7 and thereby recklessly exposes a miner to significant 

8 risk of serious injury, serious illness, or death, shall, 

9 upon conviction, be fined not more than $1,000,000 

10 or imprisoned for not more than 5 years, or both, 

11 except that if the operator commits the violation 

12 after having been previously convicted of a violation 

13 under this paragraph, the operator shall, upon con14 viction, be fined not more than $2,000,000, or im15 prisoned for not more than 10 years, or both.’’; and 

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

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

18 new paragraph: 

19 ‘‘(3) CRIMINAL PENALTIES FOR RETALIA20 TION.—Whoever knowingly— 

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

22 with the lawful employment or livelihood of a 

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

24 of a person, because any of them provides infor25 mation to an authorized representative of the 


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1 Secretary, to a State or local mine safety or 

2 health officer or official, or to other law en3 forcement officer, in reasonable belief that the 

4 information is true and related to an apparent 

5 health or safety violation, or to an apparent 

6 unhealthful or unsafe condition, policy, or prac7 tice under this Act, or 

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

9 with the lawful employment or livelihood of a 

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

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

12 them from so providing such information, 

13 shall be fined under title 18 or imprisoned for not 

14 more than 5 years, or both.’’. 

15 (b) ADVANCE NOTICE OF INSPECTIONS.— 

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

17 820(e)) is amended to read as follows: 

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

19 notice of an inspection conducted or to be conducted under 

20 this Act, and thereby to impede, interfere with, or frus21 trate such inspection, engages in, or directs another per22 son to engage in, conduct that a reasonable person would 

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

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

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


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

2 who commits the offense at the direction of a superior 

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

4 1 year, or both, unless the miner commits a second or 

5 subsequent offense under this subsection (without regard 

6 to whether the offense was committed at the direction of 

7 a superior) in which case the miner shall be fined for such 

8 second and subsequent offense under title 18, United 

9 States Code, or imprisoned for not more than 5 years, or 

10 both.’’. 

11 (2) POSTING OF ADVANCE NOTICE PEN12 ALTIES.—Section 109 (30 U.S.C. 819) is amended 

13 by adding at the end the following: 

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

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

16 bulletin board described in subsection (a) and in a con17 spicuous place near each staffed entrance onto the mine 

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

19 prescribed by the Secretary— 

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

21 110(e) for any person, with the intent to impede, 

22 interfere with, or frustrate an inspection conducted 

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

24 direct another person to engage in, any conduct that 


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1 a reasonable person would expect to result in ad2 vance notice of such inspection; and 

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

4 under such subsection.’’. 

5 SEC. 304. COMMISSION REVIEW OF PENALTY ASSESS6 MENTS. 

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

8 striking ‘‘In assessing civil monetary penalties, the Com9 mission shall consider’’ and inserting the following: ‘‘In 

10 any review of a citation and proposed penalty assessment 

11 contested by an operator, the Commission shall assess not 

12 less than the penalty derived by using the same method13 ology (including any point system) prescribed in regula14 tions under this Act, so as to ensure consistency in oper15 ator penalty assessments, except that the Commission may 

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

17 from the utilization of such methodology if the Commis18 sion finds that there are extraordinary circumstances. If 

19 there is no such methodology prescribed for a citation or 

20 there are such extraordinary circumstances, the Commis21 sion shall assess the penalty by considering’’. 

22 SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT IN23 TEREST. 

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

25 (30 U.S.C. 820(j)) is amended by striking the second and 


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

2 order interest on such penalties shall begin to accrue on 

3 the date the operator contests a citation issued under this 

4 Act, including any mandatory health or safety standard 

5 or regulation promulgated under this Act, and shall end 

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

7 interest shall be calculated at the current underpayment 

8 rate determined by the Secretary of the Treasury pursu9 ant to section 6621 of the Internal Revenue Code of 1986, 

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

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

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

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

14 (b) ENSURING PAYMENT OF PENALTIES.— 

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

16 820) is further amended— 

17 (A) by redesignating subsection (l) as sub18 section (m); and 

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

20 following: 

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

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

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

24 penalty assessment that has become a final order of 

25 the Commission or a court within 45 days after such 


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1 assessment became a final order, the Secretary shall 

2 send the operator a letter advising the operator of 

3 the consequences under this subsection of such fail4 ure to pay. The letter shall also advise the operator 

5 of the opportunity to enter into or modify a payment 

6 plan with the Secretary based upon a demonstrated 

7 inability to pay, the procedure for entering into such 

8 plan, and the consequences of not entering into or 

9 not complying with such plan. 

10 ‘‘(2) WITHDRAWAL ORDERS FOLLOWING FAIL11 URE TO PAY.—If an operator that receives a letter 

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

13 the date that is 180 days after such assessment be14 came a final order and has not entered into a pay15 ment plan with the Secretary, the Secretary shall 

16 issue an order requiring such operator to cause all 

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

18 to be withdrawn from, and to be prohibited from en19 tering, the mine that is covered by the final order 

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

21 such assessment in full (including interest and ad22 ministrative costs) or enters into a payment plan 

23 with the Secretary. If such operator enters into a 

24 payment plan with the Secretary and at any time 

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1 ment plan, the Secretary shall issue an order requir2 ing such operator to cause all persons, except those 

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

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

5 be prohibited from entering such mine, until the op6 erator rectifies the noncompliance with the payment 

7 plan in the manner specified in such payment 

8 plan.’’. 

9 (2) APPLICABILITY AND EFFECTIVE DATE.— 

10 The amendments made by paragraph (1) shall apply 

11 to all unpaid civil penalty assessments under the 

12 Federal Mine Safety and Health Act of 1977 (30 

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

14 penalty assessment that became a final order of the 

15 Commission or a court before the date of enactment 

16 of this Act, the time periods under section 110(l) of 

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

18 amended) (30 U.S.C. 820(l)) shall be calculated as 

19 beginning on the date of enactment of this Act in20 stead of on the date of the final order. 

21 TITLE IV—MINERS’ RIGHTS AND 

22 PROTECTIONS 

23 SEC. 401. PROTECTION FROM RETALIATION. 

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

25 as follows: 


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1 ‘‘(c) PROTECTION FROM RETALIATION.— 

2 ‘‘(1) RETALIATION PROHIBITED.— 

3 ‘‘(A) RETALIATION FOR COMPLAINT OR

4 TESTIMONY.—No person shall discharge or in 

5 any manner discriminate against or cause to be 

6 discharged or cause discrimination against or 

7 otherwise interfere with the exercise of the stat8 utory rights of any miner or other employee of 

9 an operator, representative of miners, or appli10 cant for employment (including the spouse, sib11 ling, child, or parent of such miner or employee, 

12 if such individual is employed or is applying for 

13 employment at a mine under the control of the 

14 operator), because— 

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

16 representative, or applicant for employ17 ment— 

18 ‘‘(I) has filed or made a com19 plaint, or is about to file or make a 

20 complaint, including a complaint noti21 fying the operator or the operator’s 

22 agent, or the representative of the 

23 miners at the coal or other mine of an 

24 alleged danger or safety or health vio25 lation in a coal or other mine; 


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1 ‘‘(II) instituted or caused to be 

2 instituted, or is about to institute or 

3 cause to be instituted, any proceeding 

4 under or related to this Act or has 

5 testified or is about to testify in any 

6 such proceeding or because of the ex7 ercise by such miner or other em8 ployee, representative, or applicant for 

9 employment on behalf of him or her10 self or others of any right afforded by 

11 this Act, or has reported any injury or 

12 illness to an operator or agent; 

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

14 testify before Congress or any Federal 

15 or State proceeding related to safety 

16 or health in a coal or other mine; or 

17 ‘‘(IV) refused to violate any pro18 vision of this Act, including any man19 datory health and safety standard or 

20 regulation; 

21 ‘‘(ii) such miner is the subject of med22 ical evaluations and potential transfer 

23 under a standard published pursuant to 

24 section 101; or 


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1 ‘‘(iii) where the discharge, discrimina2 tion or other retaliation was based on a 

3 suspicion or belief that such miner or other 

4 employee, representative, or applicant en5 gaged in or is about to engage in any of 

6 the activities described in clause (i). 

7 ‘‘(B) RETALIATION FOR REFUSAL TO PER8 FORM DUTIES.— 

9 ‘‘(i) IN GENERAL.—No person shall 

10 discharge or in any manner discriminate 

11 against a miner or other employee of an 

12 operator for refusing to perform the min13 er’s or other employee’s duties if the miner 

14 or other employee has a good-faith and 

15 reasonable belief that performing such du16 ties would pose a safety or health hazard 

17 to the miner or other employee or to any 

18 other miner or employee. 

19 ‘‘(ii) STANDARD.—For purposes of 

20 clause (i), the circumstances causing the 

21 miner’s or other employee’s good-faith be22 lief that performing such duties would pose 

23 a safety or health hazard shall be of such 

24 a nature that a reasonable person, under 

25 the circumstances confronting the miner or 


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1 other employee, would conclude that there 

2 is such a hazard. In order to qualify for 

3 protection under this paragraph, the miner 

4 or other employee, when practicable, shall 

5 have communicated or attempted to com6 municate the safety or health concern to 

7 the operator and have not received from 

8 the operator a response reasonably cal9 culated to allay such concern. 

10 ‘‘(2) COMPLAINT.—Any miner or other em11 ployee or representative of miners or applicant for 

12 employment who believes that he or she has been 

13 discharged, disciplined, or otherwise discriminated 

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

15 may file a complaint with the Secretary alleging 

16 such discrimination not later than 180 days after 

17 the later of— 

18 ‘‘(A) the last date on which an alleged vio19 lation of paragraph (1) occurs; or 

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

21 employee or representative knows or should rea22 sonably have known that such alleged violation 

23 occurred. 

24 ‘‘(3) INVESTIGATION AND HEARING.— 


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1 ‘‘(A) COMMENCEMENT OF INVESTIGATION

2 AND INITIAL DETERMINATION.—Upon receipt 

3 of such complaint, the Secretary shall forward 

4 a copy of the complaint to the respondent, and 

5 shall commence an investigation within 15 days 

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

7 as soon as practicable after commencing such 

8 investigation, make the determination required 

9 under subparagraph (B) regarding the rein10 statement of the miner or other employee. 

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

12 finds that such complaint was not frivolously 

13 brought, the Commission, on an expedited basis 

14 upon application of the Secretary, shall order 

15 the immediate reinstatement of the miner or 

16 other employee until there has been a final 

17 Commission order disposing of the underlying 

18 complaint of the miner or other employee. If ei19 ther the Secretary or the miner or other em20 ployee pursues the underlying complaint, such 

21 reinstatement shall remain in effect until the 

22 Commission has disposed of such complaint on 

23 the merits, regardless of whether the Secretary 

24 pursues such complaint by filing a complaint 

25 under subparagraph (D) or the miner or other 


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1 employee pursues such complaint by filing an 

2 action under paragraph (4). If neither the Sec3 retary nor the miner or other employee pursues 

4 the underlying complaint within the periods 

5 specified in paragraph (4), such reinstatement 

6 shall remain in effect until such time as the 

7 Commission may, upon motion of the operator 

8 and after providing notice and an opportunity 

9 to be heard to the parties, vacate such com10 plaint for failure to prosecute. 

11 ‘‘(C) INVESTIGATION.—Such investigation 

12 shall include interviewing the complainant 

13 and— 

14 ‘‘(i) providing the respondent an op15 portunity to submit to the Secretary a 

16 written response to the complaint and to 

17 present statements from witnesses or pro18 vide evidence; and 

19 ‘‘(ii) providing the complainant an op20 portunity to receive any statements or evi21 dence provided to the Secretary and to 

22 provide additional information or evidence, 

23 or to rebut any statements or evidence. 

24 ‘‘(D) ACTION BY THE SECRETARY.—If, 

25 upon such investigation, the Secretary deterVerDate Sep 11 2014 02:46 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1903.IH H1903

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1 mines that the provisions of this subsection 

2 have been violated, the Secretary shall imme3 diately file a complaint with the Commission, 

4 with service upon the alleged violator and the 

5 miner or other employee, representative of min6 ers, or applicant for employment alleging such 

7 discrimination or interference and propose an 

8 order granting appropriate relief. 

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

10 Commission shall afford an opportunity for a 

11 hearing on the record (in accordance with sec12 tion 554 of title 5, United States Code, but 

13 without regard to subsection (a)(3) of such sec14 tion) and thereafter shall issue an order, based 

15 upon findings of fact, affirming, modifying, or 

16 vacating the Secretary’s proposed order, or di17 recting other appropriate relief. Such order 

18 shall become final 30 days after its issuance. 

19 The complaining miner or other employee, rep20 resentative, or applicant for employment may 

21 present additional evidence on his or her own 

22 behalf during any hearing held pursuant to this 

23 paragraph. 

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

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1 son committing a violation of this subsection to 

2 take such affirmative action to abate the viola3 tion and prescribe a remedy as the Commission 

4 considers appropriate, including— 

5 ‘‘(i) the rehiring or reinstatement of 

6 the miner or other employee with back pay 

7 and interest and without loss of position or 

8 seniority, and restoration of the terms, 

9 rights, conditions, and privileges associated 

10 with the complainant’s employment; 

11 ‘‘(ii) any other compensatory and con12 sequential damages sufficient to make the 

13 complainant whole, and exemplary dam14 ages where appropriate; and 

15 ‘‘(iii) expungement of all warnings, 

16 reprimands, or derogatory references that 

17 have been placed in paper or electronic 

18 records or databases of any type relating 

19 to the actions by the complainant that 

20 gave rise to the unfavorable personnel ac21 tion, and, at the complainant’s direction, 

22 transmission of a copy of the decision on 

23 the complaint to any person whom the 

24 complainant reasonably believes may have 

25 received such unfavorable information. 


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1 ‘‘(4) NOTICE TO AND ACTION OF COMPLAIN2 ANT.— 

3 ‘‘(A) NOTICE TO COMPLAINANT.—Not 

4 later than 90 days of the receipt of a complaint 

5 filed under paragraph (2), the Secretary shall 

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

7 applicant for employment, or representative of 

8 miners of his determination whether a violation 

9 has occurred. 

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

11 Secretary, upon investigation, determines that 

12 the provisions of this subsection have not been 

13 violated, the complainant shall have the right, 

14 within 30 days after receiving notice of the Sec15 retary’s determination, to file an action in his 

16 or her own behalf before the Commission, 

17 charging discrimination or interference in viola18 tion of paragraph (1). 

19 ‘‘(C) HEARING AND DECISION.—The Com20 mission shall afford an opportunity for a hear21 ing on the record (in accordance with section 

22 554 of title 5, United States Code, but without 

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

24 and thereafter shall issue an order, based upon 

25 findings of fact, dismissing or sustaining the 


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1 complainant’s charges and, if the charges are 

2 sustained, granting such relief as it deems ap3 propriate as described in paragraph (3)(F). 

4 Such order shall become final 30 days after its 

5 issuance. 

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

7 complaint pursuant to this subsection, the Commis8 sion may determine that a violation of paragraph (1) 

9 has occurred only if the complainant demonstrates 

10 that any conduct described in paragraph (1) with re11 spect to the complainant was a contributing factor 

12 in the adverse action alleged in the complaint. A de13 cision or order that is favorable to the complainant 

14 shall not be issued pursuant to this subsection if the 

15 respondent demonstrates by clear and convincing 

16 evidence that the respondent would have taken the 

17 same adverse action in the absence of such conduct. 

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

19 issued sustaining the complainant’s charges under 

20 this subsection, a sum equal to the aggregate 

21 amount of all costs and expenses, including attor22 ney’s fees, as determined by the Commission to have 

23 been reasonably incurred by the complainant for, or 

24 in connection with, the institution and prosecution of 

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1 son committing such violation. The Commission 

2 shall determine whether such costs and expenses 

3 were reasonably incurred by the complainant without 

4 reference to whether the Secretary also participated 

5 in the proceeding. 

6 ‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE7 VIEW.—Proceedings under this subsection shall be 

8 expedited by the Secretary and the Commission. Any 

9 order issued by the Commission under this sub10 section shall be subject to judicial review in accord11 ance with section 106. Violations by any person of 

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

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

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

15 remedies provided for in this subsection may not be 

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

17 of employment, including by any pre-dispute arbitra18 tion agreement or collective bargaining agreement. 

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

20 be construed to diminish the rights, privileges, or 

21 remedies of any miner or employee who exercises 

22 rights under any Federal or State law or common 

23 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, for not more than one half of 

20 such shift, or four hours, whichever is greater. If a 

21 coal or other mine or area of such mine is closed by 

22 an order issued under section 104, 107 (in connec23 tion with a citation), 108, or 110, all miners who are 

24 idled by such order shall be entitled, regardless of 

25 the result of any review of such order, to full com26 pensation by the operator at their regular rates of 


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1 pay and in accordance with their regular schedules 

2 of pay for the entire period for which they are idled, 

3 not to exceed 60 days. 

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

5 Secretary finds that such mine or such area of a 

6 mine was closed by the operator in anticipation of 

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

8 idled by such closure shall be entitled to full com9 pensation by the operator at their regular rates of 

10 pay and in accordance with their regular schedules 

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

12 as the Secretary authorizes reopening of such mine 

13 or such area of the mine, not to exceed 60 days, ex14 cept where an operator promptly withdraws miners 

15 upon discovery of a hazard, and notifies the Sec16 retary where required, and within the prescribed 

17 time period. 

18 ‘‘(3) REFUSAL TO COMPLY.—Whenever an op19 erator violates or fails or refuses to comply with any 

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

21 110, all miners employed at the affected mine who 

22 would have been withdrawn from, or prevented from 

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

24 such order shall be entitled to full compensation by 

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1 tion to pay received for work performed after such 

2 order was issued, for the period beginning when 

3 such order was issued and ending when such order 

4 is complied with, vacated, or terminated. 

5 ‘‘(b) ENFORCEMENT.— 

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

7 shall have authority to order compensation due 

8 under this section upon the filing of a complaint by 

9 a miner or his representative and after opportunity 

10 for hearing on the record subject to section 554 of 

11 title 5, United States Code. Whenever the Commis12 sion issues an order sustaining the complaint under 

13 this subsection in whole or in part, the Commission 

14 shall award the complainant reasonable attorneys’ 

15 fees and costs. 

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

17 Consistent with the authority of the Secretary to 

18 order miners withdrawn from a mine under this Act, 

19 the Secretary shall order a mine that has been sub20 ject to a withdrawal order under section 103, 104, 

21 107, 108, or 110, and has reopened, to be closed 

22 again if compensation in accordance with the provi23 sions of this section is not paid by the end of the 

24 next regularly scheduled payroll period following the 

25 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 OF VIOLATIONS 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 OF VIOLATIONS 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 of violations status pursuant to section 104(e), and 

19 for 3 years after such placement, the operator of such 

20 mine may not discharge or constructively discharge a 

21 miner who is paid on an hourly basis and employed at 

22 such underground coal mine without reasonable job-re23 lated grounds based on a failure to satisfactorily perform 

24 job duties, including compliance with this Act and with 

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1 tions issued under this Act, or other legitimate business 

2 reason, where the miner has completed the employer’s pro3 bationary period, not to exceed 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 2017, 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.—In 

2 order to ensure timely assessment and compli3 ance, the Secretary shall, not later than 180 

4 days after the date of enactment of the Robert 

5 C. Byrd Mine Safety Protection Act of 2017, 

6 require operators to measure total incombus7 tible content (or an equivalent measure of 

8 explosibility) in samples of combined coal dust, 

9 rock dust, and other dust, using direct reading 

10 monitors that the Secretary has approved for 

11 use in an underground coal mine, such as coal 

12 dust explosibility 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 2017, promulgate an interim 

17 final rule that prescribes methods for operator 

18 sampling of total incombustible content (or an 

19 equivalent measure of explosibility) in samples 

20 of combined coal dust, rock dust, and other 

21 dust using direct reading monitors and includes 

22 requirements for locations, methods, and inter23 vals for mandatory operator sampling. 

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

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1 ert C. Byrd Mine Safety Protection Act of 

2 2017, the Secretary of Health and Human 

3 Services shall, based upon the latest research, 

4 recommend to the Secretary of Labor any revi5 sions to the mandatory operator sampling loca6 tions, methods, and intervals included in the in7 terim final rule described in subparagraph (B) 

8 that may be warranted in light of such re9 search. 

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

11 by the Secretary under section 502(b)(2) of the Rob12 ert C. Byrd Mine Safety Protection Act of 2017, any 

13 measurement taken by a direct reading monitor de14 scribed in paragraph (2) shall not be admissible to 

15 establish a violation in an enforcement action under 

16 this Act. 

17 ‘‘(4) REPORT AND RULEMAKING AUTHORITY.— 

18 ‘‘(A) REPORT.—Not later than 2 years 

19 after the date of enactment of the Robert C. 

20 Byrd Mine Safety Protection Act of 2017, the 

21 Secretary of Health and Human Services, in 

22 consultation with the Secretary of Labor, shall 

23 prepare and submit, to the Committee on Edu24 cation and the Workforce of the House of Rep25 resentatives and the Committee on Health, 


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1 Education, Labor, and Pensions of the Senate, 

2 a report— 

3 ‘‘(i) regarding whether any direct 

4 reading monitor described in paragraph 

5 (2)(B) is sufficiently reliable and accurate 

6 for the enforcement of the mandatory 

7 health or safety standards by the Secretary 

8 of Labor under such Act, and whether ad9 ditional improvement to such direct read10 ing monitor, or additional verification re11 garding reliability and accuracy, would be 

12 needed for enforcement purposes; and 

13 ‘‘(ii) identifying any limitations or im14 pediments for such use in underground 

15 coal mines. 

16 ‘‘(B) AUTHORITY.—If the Secretary deter17 mines that such direct reading monitor is suffi18 ciently reliable and accurate for the enforce19 ment of mandatory health and safety standards 

20 under this Act following such report or any up21 date thereto, the Secretary shall promulgate a 

22 final rule authorizing the use of such direct 

23 reading monitor for purposes of compliance and 

24 enforcement, in addition to other methods for 

25 determining total incombustible content. Such 


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1 rule shall specify mandatory operator sampling 

2 locations, methods, and intervals.’’. 

3 (b) ROCK DUST RECORDKEEPING.—Section 304 is 

4 further amended— 

5 (1) by redesignating subsection (e) as sub6 section (f) and inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) ROCK DUST RECORDKEEPING.—Each coal mine 

9 shall be required to maintain and continuously update a 

10 record of the amount of rock dust purchased.’’; and 

11 (2) in subsection (f) (as so redesignated), by 

12 striking ‘‘Subsection (b) through (d)’’ and inserting 

13 ‘‘Subsections (b) through (e)’’. 

14 SEC. 503. ATMOSPHERIC MONITORING SYSTEMS. 

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

16 at the end the following: 

17 ‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 

18 ‘‘(1) REGULATIONS REQUIRED.—Not later than 

19 1 year after the date of enactment of the Robert C. 

20 Byrd Mine Safety Protection Act of 2017, the Sec21 retary shall, following consultation with the National 

22 Institute for Occupational Safety and Health, pro23 mulgate regulations requiring that each operator of 

24 an underground coal mine install atmospheric moni25 toring systems that— 


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1 ‘‘(A) protect miners where the miners nor2 mally work and travel; 

3 ‘‘(B) will assist in mine emergency re4 sponse and the conduct of accident investiga5 tions; 

6 ‘‘(C) provide real-time information regard7 ing methane, oxygen, and carbon monoxide lev8 els, and airflow direction, as appropriate, with 

9 sensing, annunciating, and recording capabili10 ties; and 

11 ‘‘(D) can, to the maximum extent prac12 ticable, withstand explosions and fires. 

13 ‘‘(2) CONTENT OF REGULATIONS.—The Sec14 retary shall evaluate and, as appropriate, require— 

15 ‘‘(A) the installation of atmospheric moni16 toring and recording devices on mining equip17 ment; 

18 ‘‘(B) the implementation of redundant sys19 tems, such as the bundle tubing system, that 

20 can continuously monitor the mine atmosphere 

21 following incidents such as fires, explosions, en22 trapments, and inundations; and 

23 ‘‘(C) the implementation of other tech24 nologies available to conduct continuous atmos25 pheric monitoring.’’. 


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1 SEC. 504. STUDY ON RESPIRABLE DUST STANDARDS. 

2 Section 202 of the Federal Mine Safety and Health 

3 Act of 1977 (30 U.S.C. 842) is amended by adding at 

4 the end the following: 

5 ‘‘(i) REPORTS.— 

6 ‘‘(1) STUDY.—Beginning August 1, 2021, the 

7 Secretary of Labor shall undertake a retrospective 

8 study that evaluates the effectiveness of the Depart9 ment of Labor’s final rule entitled ‘Lowering Miners’ 

10 Exposure to Respirable Coal Mine Dust, Including 

11 Continuous Personal Dust Monitors’ (published May 

12 1, 2014; 79 Fed. Reg. 24813), the data regarding 

13 the use of continuous personal dust monitors (in this 

14 paragraph referred to as ‘CPDM’), and the rising 

15 number of cases of progressive massive fibrosis 

16 (PMF) to determine whether— 

‘‘(A) the 1.5 mg/m3 17 respirable dust stand18 ard that was included in the final rule should 

19 be further lowered to better protect miners’ 

20 health; 

‘‘(B) the 100 μg/m3 21 standard for quartz 

22 (crystalline silica) in respirable dust should be 

23 lowered to better protect better protect miners’ 

24 health; 

25 ‘‘(C) the frequency of CPDM sampling 

26 should be increased; 


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1 ‘‘(D) engineering controls and work prac2 tices used by mine operators to achieve and 

3 maintain the required respirable coal mine dust 

4 levels should be modified; 

5 ‘‘(E) samples taken on shifts longer than 

6 8 hours should be converted to an 8-hour equiv7 alent concentration to protect miners who work 

8 longer shifts; and 

9 ‘‘(F) research and development should be 

10 undertaken to modify the CPDM to provide real 

11 time data on exposure to respirable quartz. 

12 ‘‘(2) COMPLETION DEADLINE.—Not later than 

13 August 1, 2022, the Secretary shall transmit a re14 port of the study required under paragraph (1) to 

15 the Committee on Health, Education, Labor, and 

16 Pensions of the Senate and the Committee on Edu17 cation and the Workforce of the House of Rep18 resentatives. 

19 ‘‘(3) SUBSEQUENT STUDIES.—By August 1, 

20 2025, and every 3 years thereafter, the Secretary 

21 shall conduct a new study as described in paragraph 

22 (1) and report, by not later than one year after the 

23 commencement of the study, the findings of such 

24 study to the Committee on Health, Education, 

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1 mittee on Education and the Workforce of the 

2 House of Representatives. 

3 ‘‘(4) REVISED STANDARDS.—If any report of 

4 the Secretary under this subsection concludes that 

5 the applicable standard for respirable dust con6 centration should be lowered to protect the health of 

7 miners, or that the incidence of pneumoconiosis 

8 among coal miners in the United States, as reported 

9 by the National Institute for Occupational Safety 

10 and Health, has not been reduced from such inci11 dence prior to the implementation of the most recent 

12 applicable standard for respirable dust concentra13 tion, the Secretary shall, consistent with the require14 ments of this section and section 101, accordingly 

15 revise such standard and any applicable sampling or 

16 testing procedures not later than 24 months after 

17 the publication of such report of the Secretary under 

18 this subsection.’’. 

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

20 RESPONSIBILITIES. 

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

22 825(a)(3)) is amended to read as follows: 

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

24 hours of refresher training not less frequently than 

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1 clude one hour of training on the statutory rights 

2 and responsibilities of miners and their representa3 tives under this Act and other applicable Federal 

4 and State law, pursuant to a program of instruction 

5 developed by the Secretary and delivered by an em6 ployee of the Administration or by a trainer ap7 proved by the Administration that is a party inde8 pendent from the operator;’’. 

9 (b) NATIONAL HAZARD REPORTING HOTLINE.—Sec10 tion 115 (30 U.S.C. 825) is further amended— 

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

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

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) Any health and safety training program of in16 struction provided under this section shall include dis17 tribution to miners of information regarding miners’ 

18 rights under the Act, as well as a toll-free hotline tele19 phone number, which the Secretary shall maintain to re20 ceive complaints from miners and the public regarding 

21 hazardous conditions, discrimination, safety or health vio22 lations, or other mine safety or health concerns. Informa23 tion regarding the hotline shall be provided in a portable, 

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

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


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1 (c) TIMING OF INITIAL STATUTORY RIGHTS TRAIN2 ING.—Notwithstanding section 115 of the Federal Mine 

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

4 U.S.C. 825) or the health and safety training program ap5 proved under such section, an operator shall ensure that 

6 all miners already employed by the operator on the date 

7 of enactment of this Act shall receive the one hour of stat8 utory rights and responsibilities training described in sec9 tion 115(a)(3) of such Act not later than 180 days after 

10 such date. 

11 SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 

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

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

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

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

16 ‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN17 ING.— 

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

19 to issue an order requiring that an operator of a 

20 coal or other mine provide additional training be21 yond what is otherwise required by law, and speci22 fying the time within which such training shall be 

23 provided, if the Secretary finds that— 

24 ‘‘(A)(i) a serious or fatal accident has oc25 curred at such mine; 


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1 ‘‘(ii) such mine has experienced accident 

2 and injury rates, citations for violations of this 

3 Act (including mandatory health or safety 

4 standards or regulations promulgated under 

5 this Act), citations for significant and substan6 tial violations, or withdrawal orders issued 

7 under this Act at a rate above the average for 

8 mines of similar size and type; or 

9 ‘‘(iii) an operator has a history of failing to 

10 adequately train miners as required by the Act 

11 or regulations promulgated under this Act; and 

12 ‘‘(B) additional training would benefit the 

13 health and safety of miners at the mine. 

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

15 fails to provide training ordered under paragraph 

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

17 issue an order requiring such operator to cause all 

18 affected persons, except those persons referred to in 

19 section 104(c), to be withdrawn, and to be prohib20 ited from entering such mine, until such operator 

21 has provided such training.’’. 

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

23 (30 U.S.C. 814(g)(2)) is amended by striking ‘‘under 

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

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


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

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

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

4 is amended by inserting before the period ‘‘, and under5 ground mine rescue training activities which simulate 

6 mine accident conditions’’. 

7 SEC. 508. CERTIFICATION OF PERSONNEL. 

8 (a) IN GENERAL.—Title I is further amended by add9 ing at the end the following: 

10 ‘‘SEC. 118. CERTIFICATION OF PERSONNEL. 

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

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

13 mine to perform any duties or provide any training that 

14 this Act, including a mandatory health or safety standard 

15 or regulation promulgated pursuant to this Act, requires 

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

17 qualified, or otherwise approved person, shall be permitted 

18 to perform such duties or provide such training only if 

19 such person has a current certification, registration, quali20 fication, or approval to perform such duties or provide 

21 such training consistent with the requirements of this sec22 tion. 

23 ‘‘(b) ESTABLISHMENT OF CERTIFICATION REQUIRE24 MENTS AND PROCEDURES.— 

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

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


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1 Safety Protection Act of 2017, the Secretary shall 

2 issue mandatory standards to establish— 

3 ‘‘(A) requirements for such certification, 

4 registration, qualification, or other approval, in5 cluding the experience, examinations, and ref6 erences that may be required as appropriate; 

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

8 procedures for obtaining and renewing such cer9 tification, registration, qualification, or other 

10 approval; and 

11 ‘‘(C) procedures and criteria for revoking 

12 such certification, registration, qualification, or 

13 other approval, including procedures that en14 sure that the Secretary (or a State agency, as 

15 applicable) responds to requests for revocation 

16 and that the names of individuals whose certifi17 cation or other approval has been revoked are 

18 provided to and maintained by the Secretary, 

19 and are made available to appropriate State 

20 agencies through an electronic database. 

21 ‘‘(2) COORDINATION WITH STATES.—In devel22 oping such standards, the Secretary shall consult 

23 with States that have miner certification programs 

24 to ensure effective coordination with existing State 

25 standards and requirements for certification. The 


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1 standards required under paragraph (1) shall pro2 vide that the certification, registration, qualification, 

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

4 other mine is located satisfies the requirement of 

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

6 registration, qualification, or other approval is no 

7 less stringent than the standards established by the 

8 Secretary under paragraph (1). 

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

10 ‘‘(1) ASSESSMENT AND COLLECTION.—Begin11 ning 180 days after the date of enactment of the 

12 Robert C. Byrd Mine Safety Protection Act of 2017, 

13 the Secretary shall assess and collect fees, in accord14 ance with this subsection, from each operator for 

15 each person certified under this section. Fees shall 

16 be assessed and collected in amounts determined by 

17 the Secretary as necessary to fund the certification 

18 programs established under this section. 

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

20 paragraph (1) shall only be available to the Sec21 retary, as provided in paragraph (3), for making ex22 penditures to carry out the certification programs 

23 established under this subsection. 

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

25 addition to funds authorized to be appropriated 


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1 under section 114, there is authorized to be appro2 priated to the Secretary for each fiscal year in which 

3 fees are collected under paragraph (1) an amount 

4 equal to the total amount of fees collected under 

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

6 are authorized to remain available until expended. If 

7 on the first day of a fiscal year a regular appropria8 tion to the Administration has not been enacted, the 

9 Administration shall continue to collect fees (as off10 setting collections) under this subsection at the rate 

11 in effect during the preceding fiscal year, until 5 

12 days after the date such regular appropriation is en13 acted. 

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

15 Fees authorized and collected under this subsection 

16 shall be deposited and credited as offsetting collec17 tions to the account providing appropriations to the 

18 Mine Safety and Health Administration and shall 

19 not be collected for any fiscal year except to the ex20 tent and in the amount provided in advance in ap21 propriation Acts. 

22 ‘‘(d) CITATION; WITHDRAWAL ORDER.—Any oper23 ator who permits a person to perform any of the health 

24 or safety related functions described in subsection (a) 

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1 ments of this section shall be considered to have com2 mitted an unwarrantable failure under section 104(d)(1), 

3 and the Secretary shall issue an order requiring that the 

4 miner be withdrawn or reassigned to duties that do not 

5 require such certification.’’. 

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

7 U.S.C. 878) is amended— 

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

9 (2) in subsection (c), by redesignating para10 graphs (1) through (3) as subparagraphs (A) 

11 through (C), respectively; 

12 (3) in subsection (g), by redesignating para13 graphs (1) through (4) as subparagraphs (A) 

14 through (D), respectively; and 

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

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

17 SEC. 509. ELECTRONIC RECORDS REQUIREMENT. 

18 Section 103 is amended by adding at the end the fol19 lowing: 

20 ‘‘(l) Not later than 180 days after the date of enact21 ment of the Act, the Secretary shall promulgate regula22 tions requiring that mine operators retain records and 

23 data required by this Act, or otherwise required by the 

24 Secretary, that are created, stored or transmitted in elec25 tronic form. Such records shall include records pertaining 


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1 to miner safety and health, tracking and communications, 

2 atmospheric monitoring of methane, carbon monoxide, ox3 ygen, coal dust and other mine conditions, equipment 

4 usage history and operating parameters, equipment cali5 bration and maintenance, and other information relevant 

6 to compliance with Federal mine health and safety laws 

7 and regulations. Not later than 2 years after the date of 

8 enactment of the Act, the Secretary shall promulgate a 

9 regulation regarding the minimum necessary capabilities 

10 of equipment to retain, store, and recover data created or 

11 transmitted in electronic form.’’. 

12 TITLE VI—ADDITIONAL MINE 

13 SAFETY PROVISIONS 

14 SEC. 601. DEFINITIONS. 

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

16 amended to read as follows: 

17 ‘‘(d) ‘operator’ means— 

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

19 that— 

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

21 other mine; or 

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

23 having the authority to make management 

24 or operational decisions that affect, directly 


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1 or indirectly, the health or safety at such 

2 mine; or 

3 ‘‘(2) any independent contractor per4 forming services or construction at such mine;’’. 

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

6 802(e)) is amended by striking ‘‘the miners’’ and inserting 

7 ‘‘any miner’’. 

8 (c) DEFINITION OF IMMINENT DANGER.—Section 

9 3(j) (30 U.S.C. 802(j)) is amended— 

10 (1) by striking ‘‘means the’’ and inserting 

11 ‘‘means— 

12 ‘‘(1) the’’; 

13 (2) by striking the semicolon at the end and in14 serting ‘‘; or’’; and 

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

16 ‘‘(2) the existence of multiple conditions or 

17 practices (regardless of whether related to each 

18 other) that, when considered in the aggregate, could 

19 reasonably be expected to cause death or serious 

20 physical harm before such conditions or practices 

21 can be abated;’’. 

22 (d) DEFINITION OF MINER.—Section 3(g) (30 U.S.C. 

23 802(g)) is amended by inserting after ‘‘or other mine’’ the 

24 following: ‘‘, and includes any individual who is not cur25 rently working in a coal or other mine but would be curVerDate Sep 11 2014 02:46 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H1903.IH H1903

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1 rently working in such mine, but for an accident in such 

2 mine’’. 

3 (e) DEFINITION OF SIGNIFICANT AND SUBSTANTIAL

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

5 amended— 

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

7 the semicolon; 

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

9 the end and inserting a semicolon; 

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

11 the end and inserting ‘‘; and’’; and 

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

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

14 means a violation of this Act, including any manda15 tory health or safety standard or regulation promul16 gated under this Act, that is of such nature as could 

17 significantly and substantially contribute to the 

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

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

20 SEC. 602. ASSISTANCE TO STATES. 

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

22 (1) in subsection (a)— 

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

24 by striking ‘‘, in coordination with the SecVerDate Sep 11 2014 02:46 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H1903.IH H1903

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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. AUTHORIZATION OF COOPERATIVE AGREEMENTS 

17 BY NIOSH OFFICE OF MINE SAFETY AND 

18 HEALTH. 

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

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

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

22 the end; 

23 (2) by redesignating subparagraph (C) as sub24 paragraph (D); and 


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1 (3) by inserting after subparagraph (B) the fol2 lowing: 

3 ‘‘(C) enter into cooperative agreements or 

4 contracts with international institutions and 

5 private entities to improve mine safety and 

6 health through the development and evaluation 

7 of new interventions; and’’. 

8 SEC. 604. DOUBLE ENCUMBRANCE; SUCCESSION PLAN. 

9 (a) AUTHORIZATION.—Notwithstanding any per10 sonnel procedures, rules, or guidance, the Secretary of 

11 Labor is authorized to double encumber a position or uti12 lize early replacement hiring for authorized representa13 tives and technical specialist positions in the Mine Safety 

14 and Health Administration. The number of such positions 

15 shall be consistent with the staffing requirements set forth 

16 in the succession plan under subsection (b). 

17 (b) SUCCESSION PLAN.—Not later than 90 days after 

18 the date of enactment of this Act, the Secretary of Labor 

19 shall develop and provide to Congress a succession plan 

20 for the Mine Safety and Health Administration for the 

21 next five years to assure timely replacement of qualified 

22 employees critical to maintaining the agency’s mission 

23 which shall— 

24 (1) estimate employee turnover for each year; 


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1 (2) set benchmarks for maximum allowable per2 centage of vacancies, and a maximum ratio of train3 ees to authorized representatives; 

4 (3) utilize double encumbrance or early replace5 ment hiring for authorized representatives and tech6 nical specialists; 

7 (4) implement tracking systems to assure that 

8 staffing levels of authorized representatives and 

9 technical specialists do not fall below the minimum 

10 required to conduct necessary inspections, thor11 oughly review mine plans, and conduct accident and 

12 special investigations; and 

13 (5) identify resources necessary to implement 

14 such plan. Such succession plan shall be updated bi15 ennially. 

Æ 


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