I 
109TH CONGRESS 
2D SESSION 
H. R. 5432 
To amend the Federal Mine Safety and Health Act of 1977 to improve 
the safety of miners. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2006 
Mrs. CAPITO (for herself, Mr. RAHALL, and Mr. MOLLOHAN) introduced the 
following bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To amend the Federal Mine Safety and Health Act of 1977 
to improve the safety of miners. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mine Improvement and 
New Emergency Response Act of 2006’’ or the ‘‘MINER 
Act’’. 
SEC. 2. EMERGENCY PREPAREDNESS. 
Section 316 of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 876) is amended— 
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(1) in the section heading by adding at the end 
the following: ‘‘AND
EMERGENCY
RESPONSE 
PLANS’’; 
(2) by inserting ‘‘(a)’’ after the section designa-
tion; 
(3) by adding at the end the following: 
‘‘(b)(1) Each underground coal mine operator shall 
carry out on a continuing basis a program to improve acci-
dent preparedness and response at each mine. Not later 
than 60 days after the date of enactment of the Mine Im-
provement and New Emergency Response Act of 2006, 
each underground coal operator shall develop and adopt 
a written accident response plan that complies with this 
subsection with respect to each mine of the operator, and 
shall periodically update such plan to reflect changes in 
the operation of the mine, advances in technology, or other 
relevant considerations. Each such operator shall make 
the accident response plan available to the miners and the 
miners’ representatives. Such accident response plan 
shall— 
‘‘(A) provide for the evacuation of all individ-
uals endangered by an emergency; and 
‘‘(B) provide for the maintenance of individuals 
trapped underground in the event that miners are 
not able to evacuate the mine. 
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‘‘(2) The accident response plan developed under 
paragraph (1) shall be subject to review and approval by 
the Secretary. The Secretary shall periodically review each 
such plan not less than once every 6 months and in such 
reviews shall consider all comments submitted by miners 
and miners’ representatives and intervening advancements 
in science and technology. In determining whether to ap-
prove a particular plan the Secretary shall take into con-
sideration all comments submitted by miners or their rep-
resentatives and must determine that the plan— 
‘‘(A) affords miners a level of safety at least 
consistent with the existing standards, including 
standards mandated by law and regulation; 
‘‘(B) reflects the most credible scientific re-
search; 
‘‘(C) is technologically feasible, makes use of 
current commercially available technology, and ac-
counts for the specific physical characteristics of the 
mine; and 
‘‘(D) reflects the improvements in mine safety 
gained from experience under this Act and other 
worker safety and health laws. 
‘‘(3) To be approved under paragraph (2), an acci-
dent response plan shall include the following: 
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‘‘(A) The plan shall provide for a redundant 
means of communications with the surface and res-
cue teams for persons underground, such as sec-
ondary telephone or equivalent two-way communica-
tion. 
‘‘(B) Consistent with commercially available 
technology and with the physical constraints, if any, 
of the mine, the plan shall provide for above ground 
personnel to determine the current, or immediately 
pre-accident, location of all underground personnel. 
any system so utilized shall be functional, reliable, 
and calculated to remain serviceable in a post-acci-
dent setting. 
‘‘(C) The plan shall provide for— 
‘‘(i) emergency supplies of breathable air 
for individuals trapped underground sufficient 
to maintain such individuals for a sustained pe-
riod of time; 
‘‘(ii) caches of self-rescuers of not less than 
2 hours for each miner to be kept in escape 
ways from the deepest work areas to the sur-
face at a distance of no further than an average 
miner could walk in 30 minutes; 
‘‘(iii) a maintenance schedule for checking 
the reliability of self rescuers, retiring older 
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self-rescuers first, and introducing new self-res-
cuer technology, such as units with interchange-
able air or oxygen cylinders not requiring doff-
ing to replenish airflow and units with supplies 
great than 60 minutes, as they are approved by 
the Secretary and become available on the mar-
ket; and 
‘‘(iv) training for each miner in proper 
procedures for donning self-rescuers to be con-
ducted not less than once per quarter, switching 
from one unit to another, and ensuring proper 
fit. 
‘‘(D) The plan shall provide for the use of 
flame-resistant directional lifelines or equivalent sys-
tems in escapeways to enable evacuation. Such re-
quirement shall apply upon the replacement of exist-
ing lifelines, or, in the case of lifelines in working 
sections, upon the earlier of the replacement of such 
lifelines or 3 years after the date of enactment of 
the Mine Improvement and New Emergency Re-
sponse Act of 2006. 
‘‘(E) The plan shall provide a training program 
for emergency procedures described in the plan 
which will not diminish the requirements for manda-
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tory health and safety training currently required 
under section 115. 
‘‘(F) The plan shall set out procedures for co-
ordination and communication between the operator, 
mine rescue teams, and local emergency response 
personnel and make provisions for familiarizing local 
rescue personnel with surface functions that may be 
required in the course of mine rescue work. 
‘‘(G) The plan shall provide for— 
‘‘(i) the implementation, not later than 3 
years after the date of enactment of the Mine 
Improvement and New Emergency Response 
Act of 2006, of post-accident communication 
between underground and surface personnel via 
a wireless two-way medium, and 
‘‘(ii) an electronic tracking system permit-
ting surface personnel to determine the location 
of any persons trapped underground. 
If such two-way communication and electronic track-
ing system cannot reasonably be implemented, the 
plan shall set forth the reasons such a system or 
systems cannot be adopted and shall state the opera-
tor’s alternative means of compliance. Such alter-
native shall approximate, as closely as possible, the 
degree of functional utility and safety protection 
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provided by the wireless two-way medium and track-
ing system referred to in this subpart. The Secretary 
may make additional plan requirements with respect 
to any of the content matters. 
‘‘(4)(A) Any dispute between the Secretary and an 
operator with respect to the content of the operator’s plan 
or any refusal by the Secretary to approve such a plan 
shall be resolved on an expedited basis. In the event of 
such a dispute or refusal, the Secretary shall issue a tech-
nical citation which shall be immediately referred to a De-
partment of Labor Administrative Law Judge. The Sec-
retary and the operator shall submit all relevant material 
regarding the dispute to the Administrative Law Judge 
within 15 days of the date of the referral. The Administra-
tive Law Judge shall render his or her decision with re-
spect to the plan content dispute within 15 days of the 
receipt of the submission. 
‘‘(B) A party adversely affected be a decision under 
clause (ii) may pursue all further available appeal rights 
with respect to the citation involved, except that inclusion 
of the disputed provision in the plan will not be limited 
by such appeal unless such relief is requested by the oper-
ator and permitted by the Administrative Law Judge. 
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‘‘(C) Nothing in this paragraph shall be construed to 
modify the authority of the Secretary to issue citations 
or orders as provided for in this Act. 
‘‘(5) Notwithstanding any other provision of this Act, 
nothing in this section, and no response and preparedness 
plan developed under this section, shall be approved if it 
reduces the protection afforded miners by an existing 
mandatory health or safety standard.’’. 
SEC. 3. INCIDENT COMMAND AND CONTROL. 
Title I of the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 811 et seq.) is amended by adding 
at the end the following: 
‘‘LIMITATION ON CERTAIN LIABILITY FOR RESCUE 
OPERATIONS 
‘‘SEC. 116. (a) No person shall bring an action 
against any covered individual or his or her regular em-
ployer for an injury (or death) sustained as a result of 
carrying out activities relating to mine accident rescue or 
recovery operations. This subsection shall not apply where 
the action that is alleged to result in the injury (or death) 
was the result of gross negligence, reckless conduct, or ille-
gal conduct or, where the regular employer (as such term 
is used in this Act) is the operator of the mine at which 
the rescue activity takes place. 
‘‘(b) For purposes of subsection (a), the term ‘cov-
ered individual’ means an individual (1) who is a member 
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of a mine rescue team or who is otherwise a volunteer with 
respect to a mine accident; and (2) who is carrying out 
activities relating to mine accident rescue or recovery oper-
ations. 
‘‘(c) For purposes of subsection (a), the term ‘regular 
employer’ means the entity that is the covered employee’s 
legal or statutory employer pursuant to applicable State 
law.’’. 
SEC. 4. MINE RESCUE TEAMS. 
Section 115(e) of the Federal Mine Safety and 
Health Safety Act of 1977 (30 U.S.C. 825 (e)) is amend-
ed— 
(1) by inserting ‘‘(1)’’ after the subsection des-
ignation; and 
(2) by adding at the end the following: 
‘‘(2) The Secretary shall issue regulations with re-
gard to mine rescue teams which shall be finalized and 
in effect not later than 18 months after the date of enact-
ment of the Mine Improvement and New Emergency Re-
sponse Act of 2006. Such regulations shall provide for the 
following: 
‘‘(A) That such regulations shall not be con-
strued to waive operator training requirements appli-
cable to existing mine rescue teams. 
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‘‘(B) That the Mine Safety and Health Admin-
istration shall establish, and update every 5 years 
thereafter, criteria to certify the qualifications of 
mine rescue teams. 
‘‘(C)(i) That the operator of each underground 
coal mine have an employee knowledgeable in mine 
emergency response who is employed at the mine on 
each shift at each underground mine and make 
available two certified mine rescue teams whose 
members— 
‘‘(I) are familiar with the operations of 
such coal mine; 
‘‘(II) participate at least annually in two 
local mine rescue contests; 
‘‘(III) participate at least annually in mine 
rescue training at the underground coal mine 
covered by the mine rescue team; 
‘‘(IV) are available at the mine within one 
hour ground travel time from the mine rescue 
station; 
‘‘(V) are knowledgeable about the oper-
ations and ventilation of the covered mines; and 
‘‘(VI) are compromised of individuals with 
a minimum of 3 years underground coal mine 
experience that shall have occurred within the 
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10-year period preceding their employment on 
the contract mine rescue team. 
‘‘(ii) For the purpose of complying with clause 
(i), an operator with more than 36 employees shall 
employee at least one team that is either an indi-
vidual mine site rescue team or a multi-employer 
composite team as described in subclause (II) of this 
clause. The second team required by this subpara-
graph may be any of the following: 
‘‘(I) An individual mine site mine rescue 
team. 
‘‘(II) A multi-employer composite team 
that is made up of team members who are 
knowledgeable about the operations and ventila-
tion of the covered mines and who train on a 
semi-annual basis at the covered underground 
coal mine, and which— 
‘‘(aa) provides coverage for multiple 
operators that have team members which 
include at least two active employees from 
each of the covered mines; 
‘‘(bb) provides coverage for multiple 
mines owned by the same operator which 
members include at least two active em-
ployees from each mine; or 
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‘‘(cc) is a State-sponsored mine rescue 
team comprised of at least two active em-
ployees from each of the covered mines. 
‘‘(III) A commercial mine rescue team pro-
vided by contract through a third-party vendor 
or a mine rescue team provided by another coal 
company if such team— 
‘‘(aa) trains on a quarterly basis at 
covered underground coal mines; 
‘‘(bb) is knowledgeable about the op-
erations and ventilation of the covered 
mines; and 
‘‘(cc) is compromised of individuals 
with a minimum of 3 years underground 
coal mine experience that shall have oc-
curred within the 10-year period preceding 
their employment on the contract mine res-
cue team. 
‘‘(IV) A State-sponsored team made up of 
State employees.’’. 
SEC. 5. PROMPT INCIDENT NOTIFICATION. 
Section 103(j) of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 813(j)) is amended by inserting 
after the first sentence the following: ‘‘For purposes of the 
preceding sentence, the notification required shall be pro-
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vided by the operator within 15 minutes of the time at 
which the operator realizes that the death of an individual 
at the mine, or an injury or entrapment of an individual 
at the mine which has a reasonable potential to cause 
death, has occurred.’’. 
SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 
AND HEALTH. 
(a) ESTABLISHMENT.—Section 22 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 671) 
is amended by adding at the end the following: 
‘‘(h)(1) There shall be permanently established within 
the Institute an Office of Mine Safety and Health for the 
purpose of enhancing the development of new mine safety 
technology and technological applications and to expedite 
the commercial availability and implementation of such 
technology in mining environments. The office shall be ad-
ministered by an Associate Director to be appointed by 
the Director. 
‘‘(2) In addition to all purposes and authorities pro-
vided for under this section, the office of mine safety and 
health shall be responsible for research, development, and 
testing of new technologies and equipment designed to en-
hance mine safety and health. to carry out such functions 
the director of the institute, acting through the office, 
shall have the authority to— 
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‘‘(A) award competitive grants to institutions 
and private entities to encourage the development 
and manufacture of mine safety equipment; 
‘‘(B) award contracts to educational institutions 
or private laboratories for the performance of prod-
uct testing or related work with respect to new mine 
technology and equipment; and 
‘‘(C) establish an interagency working group as 
provided for in paragraph (4). 
‘‘(3) To be eligible to receive a grant under the au-
thority provided for under paragraph (2), an entity or in-
stitution shall— 
‘‘(A) submit to the Director of the Institute an 
application at such time, in such manner, and con-
taining such information as the Director may re-
quire; and 
‘‘(B) include in the application under subpara-
graph (A), a description of the mine safety equip-
ment to be developed and manufactured under the 
grant and a description of the reasons that such 
equipment would otherwise not be developed or man-
ufactured. including reasons relating to the limited 
potential commercial market for such equipment. 
‘‘(4)(A) The Director of the Institute, in carrying out 
paragraph (2)(D) shall establish an interagency working 
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group to share technology and technological research and 
developments that could be utilized to enhance mine safety 
and accident response. 
‘‘(B) The working group under subparagraph (A) 
shall be chaired by the Associate Director of the Office 
who shall appoint the members of the working group, 
which may include representatives of other Federal agen-
cies or departments as determined appropriate by the As-
sociate Director. 
‘‘(C) The working group under subparagraph (A) 
shall conduct an evaluation of research conducted by, and 
the technological developments of, agencies and depart-
ments who are represented on the working group that may 
have applicability to mine safety and accident response 
and make recommendations to the Director for the further 
development and eventual implementation of such tech-
nology. 
‘‘(5) Not later than 1 year after the establishment 
of the Office under this subsection, and annually there-
after, the Director of the Institute shall submit to the 
Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Education and the 
Workforce of the House of Representatives a report that, 
with respect to the year involved, described the new mine 
safety technologies and equipment that have been studied, 
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tested, and certified for use, and with respect to those in-
stances of technologies and equipment that have been con-
sidered but not yet certified for use, there reasons there-
fore. 
‘‘(6) There is authorized to be appropriated, such 
sums as may be necessary to enable the Institute and the 
office of Mine Safety and Health to carry out this sub-
section.’’. 
SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS. 
The Secretary of Labor shall establish a policy that— 
(1) requires the temporary assignment of an in-
dividual Department of Labor official to be a liaison 
between the Department and the families of victims 
of mine tragedies involving multiple deaths; 
(2) requires the Mine Safety and Health Ad-
ministration to be as responsive as possible to re-
quests from the families of mine accident victims for 
information relating to mine accidents; and 
(3) requires that in such accidents, such Ad-
ministration shall serve as the primary communi-
cator with the operator, miners’ families, the press, 
and the public. 
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SEC. 8. PENALTIES. 
(a) IN GENERAL.—Section 110 of the Federal Mine 
Safety and Health Act of 1977 (30 U.S.C. 820) is amend-
ed— 
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ after the subsection 
designation; and 
(B) by adding at the end the following: 
‘‘(2) The operator of a coal mine who fails to 
provide timely notification to the Secretary as 
required under section 103(j) (relating to the 
15 minute requirement) shall be assessed a civil 
penalty by the Secretary of not less than 
$5,000 and not more than $60,000.’’; 
(2) by adding at the end of subsection (b) the 
following: ‘‘Violations under this section that are 
deemed to be flagrant may be assessed a civil pen-
alty of not more than $220,000. For purposes of the 
preceding sentence, the term ‘flagrant’ with respect 
to a violation means a reckless of repeated failure to 
make reasonable efforts to eliminate a known viola-
tion of a mandatory health or safety standard that 
substantially and proximately caused, or reasonably 
could have been expected to cause, death or serious 
bodily injuries.’’; and 
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(3) by redesignating subsections (e) through (l) 
as subsections (f) through (m), respectively and in-
serting after subsection (d) the following: 
‘‘(e)(1) Any operator who willfully violates a manda-
tory health or safety standard, or knowingly violates or 
fails or refuses to comply with any order issued under sec-
tion 104 and section 107, or any order incorporated in 
a final decision issued under this title, except an order 
incorporated in a decision under paragraph (1) or section 
105(c), shall, upon conviction, be punished by a fine of 
not more than $250,000, or by imprisonment for not more 
than one year, or by both, except that if the conviction 
is for a violation committed after the first conviction of 
such operator under this Act, punishment shall be by a 
fine of not more than $500,000, or by imprisonment for 
not more than five years, or both. 
‘‘(2) The minimum penalty for any citation issued 
under section 104(d)(1) shall be $2,000. The minimum 
penalty for a failure or refusal to comply with any order 
issued under section 104(d)(2) shall be $4,000. 
‘‘(3) Nothing in this subsection shall be construed to 
prevent an operator from obtaining a review, in accord-
ance with section 106, of an order imposing a penalty de-
scribed in this subsection. If a court, in making such re-
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view, sustains the order, the court shall apply the min-
imum penalties required under this subsection.’’. 
(b) REGULATIONS.—Not later than December 31, 
2006, the Secretary of Labor shall promulgate final regu-
lations with respect to the penalties provided for under 
the amendments made by this section. 
SEC. 9. FINE COLLECTIONS. 
Section 108(a)(1)(A) of the Federal Mine Safety and 
Health Safety Act of 1977 (30 U.S.C. 818(a)(1)(A)) is 
amended by inserting before the comma, the following: ‘‘, 
or fails or refuses to comply with any order or decision, 
including a civil penalty assessment order, that is issued 
under this Act’’. 
SEC. 10. SEALING OF ABANDONED AREAS. 
Not later than 18 months after the issuance by the 
Mine Safety and Health Administration of a final report 
on the Sago Mine accident or the date of enactment of 
the Mine Improvement and New Emergency Response Act 
of 2006, whichever occurs earlier, the Secretary of Labor 
shall finalize mandatory heath and safety standards relat-
ing to the sealing of abandoned areas in underground coal 
mines. Such health and safety standards shall provide for 
an increase in the 20 psi standard currently set forth in 
section 7335(a)(2) of title 30, Code of Federal Regula-
tions. 
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SEC. 11. TECHNICAL STUDY PANEL AND SCHOLARSHIP 
PROGRAM. 
Title V of the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 951 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 514. TECHNICAL STUDY PANEL. 
‘‘(a) ESTABLISHMENT.—There is established a Tech-
nical Study Panel (referred to in this section as the 
‘Panel’) which shall provide independent scientific and en-
gineering review and recommendations with respect to the 
utilization of belt air and the composition and fire retard-
ant properties of belt materials in underground coal min-
ing. 
‘‘(b) MEMBERSHIP.—The Panel shall be composed 
of— 
‘‘(1) two individuals to be appointed by the Sec-
retary of Health and Human Services, in consulta-
tion with the Director of the National Institute for 
Occupational Safety and Health and the Associate 
Director of the Office of Mine Safety; 
‘‘(2) two individuals to be appointed by the Sec-
retary of Labor, in consultation with the Assistant 
Secretary for Mine Safety and Health; and 
‘‘(3) two individuals, one to be appointed jointly 
by the majority leaders of the Senate and House of 
Representatives and one to be appointed jointly by 
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the minority leader of the Senate and House of Rep-
resentatives, each to be appointed prior to the sine 
die adjournment of the second session of the 109th 
Congress. 
‘‘(c) QUALIFICATIONS.—Four of the six individuals 
appointed to the Panel under subsection (b) shall possess 
a masters or doctoral level degree in mining engineering 
or another scientific field demonstrably related to the sub-
ject of the report. No individual appointed to the Panel 
shall be an employee of any coal or other mine, or of any 
labor organization, or of any State or Federal agency pri-
marily responsible for regulating the mining industry. 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date on which all members of the Panel are ap-
pointed under subsection (b), the Panel shall pre-
pare and submit to the Secretary of Labor, the Sec-
retary of Health and Human Services, the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate, and the Committee on Education and 
the Workforce of the House of Representatives a re-
port concerning the utilization of belt air and the 
composition and fire retardant properties of belt ma-
terials in underground coal mining. 
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‘‘(2) RESPONSE
BY
SECRETARY.—Not later 
than 180 days after the receipt of the report under 
paragraph (1), the Secretary of Labor shall provide 
a response to the Committee on Health, Education, 
Labor, and Pensions of the Senate, and the Com-
mittee on Education and the Workforce of the 
House of Representatives containing a description of 
the actions, if any, that the Secretary intends to 
take based upon the report, including proposing reg-
ulatory changes, and the reasons for such actions. 
‘‘(e) COMPENSATION.—Members appointed to the 
panel, while carrying out the duties of the Panel shall be 
entitled to receive compensation, per diem in lieu of sub-
sistence, and travel expenses in the same manner and 
under the same conditions as that prescribed under section 
208(c) of the Public Health Service Act. 
‘‘SEC. 515. SCHOLARSHIPS. 
‘‘(a) ESTABLISHMENT.—The Secretary of Education 
(referred to in this section as the ‘Secretary’), in consulta-
tion with the Secretary of Labor and the Secretary of 
Health and Human Services, shall establish a program to 
provide scholarships to eligible individuals to increase the 
skilled workforce for both private sector coal mine opera-
tors and mine safety inspectors and other regulatory per-
sonnel for the Mine Safety and Health Administration. 
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‘‘(b) FUNDAMENTAL SKILLS SCHOLARSHIPS.— 
‘‘(1) IN GENERAL.—Under the program under 
subsection (a), the Secretary may award scholarship 
to fully or partially pay the tuition costs of eligible 
individuals enrolled in 2-year associate’s degree pro-
grams at community colleges or other colleges and 
that focus on providing the fundamental skills and 
training that is of immediate use to a beginning coal 
miner. 
‘‘(2) SKILLS.—The skills described in para-
graph (1) shall include basic math, basic health and 
safety, business principles, management and super-
visory skills, skills related to electric circuitry, skills 
related to heavy equipment operations, and skills re-
lated to communications. 
‘‘(3) ELIGIBILITY.—To be eligible to receive a 
scholarship under this subsection an individual 
shall— 
‘‘(A) have a high school diploma or a 
GED; 
‘‘(B) have at least two years experience in 
full-time employment in mining or mine-related 
activities; 
‘‘(C) submit to the Secretary an applica-
tion at such time, in such manner, and con-
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taining such information as the Secretary deter-
mines; and 
‘‘(D) demonstrate an interest in working in 
the field of mining and performing an intern-
ship with the Mine Safety and Health Adminis-
tration or the Institute for Occupational Safety 
and Health Office of Mine Safety. 
‘‘(c) MINE SAFETY INSPECTOR SCHOLARSHIPS.— 
‘‘(1) IN GENERAL.—Under the program under 
subsection (a), the Secretary may award scholarship 
to fully or partially pay the tuition costs of eligible 
individuals enrolled in undergraduate bachelor’s de-
gree programs at accredited colleges or universities 
that provide the skills needed to become mine safety 
inspectors. 
‘‘(2) SKILLS.—The skills described in para-
graph (1) include skills developed through programs 
leading to a degree in mining engineering, civil engi-
neering, mechanical engineering, electrical engineer-
ing, industrial engineering, environmental engineer-
ing, industrial hygiene, occupational health and safe-
ty, geology, chemistry, or other fields of study re-
lated to mine safety and health work. 
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‘‘(3) ELIGIBILITY.—To be eligible to receive a 
scholarship under this subsection an individual 
shall— 
‘‘(A) have a high school diploma or a 
GED; 
‘‘(B) have at least 5 years experience in 
full-time employment in mining or mining-re-
lated activities; 
‘‘(C) submit to the Secretary an applica-
tion at such time, in such manner, and con-
taining such information as the Secretary deter-
mines; and 
‘‘(D) agree to be employed for a period of 
at least 5 years at the Mine Safety and Health 
Administration or, to repay, on a pro-rated 
basis, the funds received under this program, 
plus interest, at a rate established by the Sec-
retary upon the issuance of the scholarship. 
‘‘(d) ADVANCED RESEARCHER SCHOLARSHIPS.— 
‘‘(1) IN GENERAL.—Under the program under 
subsection (a), the Secretary may award scholar-
ships to fully or partially pay the tuition costs of eli-
gible individuals enrolled in undergraduate bach-
elor’s degree, masters degree, and Ph.D. degree pro-
grams at accredited colleges or universities that pro-
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vide the skills needed to augment and advance re-
search in mine safety and to broaden, improve, and 
expand the universe of candidates for mine safety in-
spector and other regulatory positions in the Mine 
Safety and Health Administration. 
‘‘(2) SKILLS.—The skills described in para-
graph (1) include skills developed through programs 
leading to a degree is mining engineering, civil engi-
neering, mechanical engineering, electrical engineer-
ing industrial engineering, environmental engineer-
ing, industrial hygiene, occupational health and safe-
ty, geology, chemistry, or other fields of study re-
lated to mine safety and health work. 
‘‘(3) ELIGIBILITY.—To be eligible to receive a 
scholarship under this subsection an individual 
shall— 
‘‘(A) have a bachelor’s degree or equivalent 
from an accredited 4-year institution; 
‘‘(B) have at least 5 years experience in 
full-time employment in underground mining or 
mining-related activities; and 
‘‘(C) submit to the Secretary an applica-
tion at such time, in such manner, and con-
taining such information as the secretary deter-
mines. 
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‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.’’. 
SEC. 12. RESEARCH CONCERNING REFUGE ALTERNATIVES. 
(a) IN GENERAL.—The Director of the National In-
stitute of Occupational Safety and Health shall provide 
for the conduct of research, including field tests, con-
cerning the utility, practicality, survivability, and cost of 
various refuge alternatives in an underground coal mine 
environment, including commercially available portable 
refuge chambers. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the National 
Institute for Occupational Safety and Health shall 
prepare and submit to the Secretary of Labor, the 
Secretary of Health and Human Services, the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate, and the Committee on Education and 
the Workforce of the House of Representatives a re-
port concerning the results of the research con-
ducted under subsection (a), including any field 
tests. 
(2) RESPONSE BY SECRETARY.—Not later than 
180 days after the receipt of the report under para-
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graph (1), the Secretary of Labor shall provide a re-
sponse to the Committee on Health, Education, 
Labor, and Pensions of the Senate, and the Com-
mittee on Education and the Workforce of the 
House of Representatives containing a description of 
the actions, if any, that the Secretary intends to 
take based upon the report, including proposing reg-
ulatory changes, and the reasons for such actions. 
SEC. 13. SAGO MINE SAFETY GRANTS. 
(a) IN GENERAL.—The Secretary of Labor shall es-
tablish a program to award competitive grants for edu-
cation and training to carry out the purposes of this sec-
tion. 
(b) PURPOSES.—It is the purpose of this section, to 
provide for the funding of education and training pro-
grams to better identify, avoid, and prevent unsafe work-
ing conditions in and around mines. 
(c) ELIGIBILITY.—To be eligible to receive a grant 
under this section, an entity shall— 
(1) be a public or private nonprofit entity; and 
(2) submit to the Secretary of Labor an appli-
cation at such time, in such manner, and containing 
such information as the Secretary may require. 
(d) USE
OF FUNDS.—Amounts received under a 
grant under this section shall be used to establish and im-
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