I 
112TH CONGRESS 
1ST SESSION H. R. 1579 
To improve compliance with mine safety and health laws, empower miners 
to raise safety concerns, prevent future mine tragedies, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2011 
Mr. GEORGE MILLER of California (for himself, Ms. WOOLSEY, Mr. RAHALL, 
Mr. HOLT, Ms. HIRONO, Ms. SUTTON, Mr. PAYNE, and Mr. GRIJALVA) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To improve compliance with mine safety and health laws, 
empower miners to raise safety concerns, prevent future 
mine tragedies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Robert C. Byrd Mine Safety Protection Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 inves-
tigations. 
Sec. 103. Designation of miner representative. 
Sec. 104. Additional amendments relating to inspections and investigations. 
TITLE II—ENHANCED ENFORCEMENT AUTHORITY 
Sec. 201. Technical amendment. 
Sec. 202. A pattern of recurring noncompliance or accidents. 
Sec. 203. Injunctive authority. 
Sec. 204. Revocation of approval of plans. 
Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other 
mine plan. 
Sec. 206. GAO Study on MSHA Mine Plan Approval. 
TITLE III—PENALTIES 
Sec. 301. Civil penalties. 
Sec. 302. Civil and criminal liability of officers, directors, and agents. 
Sec. 303. Criminal penalties. 
Sec. 304. Commission review of penalty assessments. 
Sec. 305. Delinquent payments and prejudgment interest. 
TITLE IV—MINERS’ RIGHTS AND PROTECTIONS 
Sec. 401. Protection from retaliation. 
Sec. 402. Protection from loss of pay. 
Sec. 403. Underground coal miner employment standard for mines placed in 
pattern status. 
TITLE V—MODERNIZING HEALTH AND SAFETY STANDARDS 
Sec. 501. Pre-shift review of mine conditions. 
Sec. 502. Rock dust standards. 
Sec. 503. Atmospheric monitoring systems. 
Sec. 504. Technology related to respirable dust. 
Sec. 505. Refresher training on miners’ rights and responsibilities. 
Sec. 506. Authority to mandate additional training. 
Sec. 507. Brookwood-Sago Mine Safety Grants. 
Sec. 508. Certification of personnel. 
TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 
Sec. 601. Definitions. 
Sec. 602. Assistance to States. 
Sec. 603. Black lung medical reports. 
Sec. 604. Authorization of cooperative agreements by NIOSH Office of Mine 
Safety and Health. 
Sec. 605. Rules of application to certain mines. 
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SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment is expressed as an amendment to 
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Fed-
eral Mine Safety and Health Act of 1977 (30 U.S.C. 801 
et seq.). 
TITLE I—ADDITIONAL INSPEC-
TION 
AND 
INVESTIGATION 
AUTHORITY 
SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS. 
(a) IN
GENERAL.—Section 103(b) (30 U.S.C. 
813(b)) is amended by striking ‘‘(b) For the purpose’’ and 
inserting the following: 
‘‘(b) ACCIDENT INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—For all accident investiga-
tions under this Act, the Secretary shall— 
‘‘(A) determine why the accident occurred; 
‘‘(B) determine whether there were viola-
tions of law, mandatory health and safety 
standards, or other requirements, and if there 
is evidence of conduct that may constitute a 
violation of Federal criminal law, the Secretary 
may refer such evidence to the Attorney Gen-
eral; and 
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‘‘(C) make recommendations to avoid any 
recurrence. 
‘‘(2) 
INDEPENDENT
ACCIDENT
INVESTIGA-
TIONS.— 
‘‘(A) IN GENERAL.—There shall be, in ad-
dition to an accident investigation under para-
graph (1), an independent investigation by an 
independent investigation panel (referred to in 
this subsection as the ‘Panel’) appointed under 
subparagraph (B) for— 
‘‘(i) any accident involving 3 or more 
deaths; or 
‘‘(ii) any accident that is of such se-
verity or scale for potential or actual harm 
that, in the opinion of the Secretary of 
Health and Human Services, the accident 
merits an independent investigation. 
‘‘(B) APPOINTMENT.— 
‘‘(i) IN GENERAL.—As soon as prac-
ticable after an accident described in sub-
paragraph (A), the Secretary of Health 
and Human Services shall appoint 5 mem-
bers for the Panel required under this 
paragraph from among individuals who 
have expertise in accident investigations, 
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mine engineering, or mine safety and 
health that is relevant to the particular in-
vestigation. 
‘‘(ii) CHAIRPERSON.—The Panel shall 
include, and be chaired by, a representative 
from the Office of Mine Safety and Health 
Research, of the National Institute for Oc-
cupational Safety and Health (referred to 
in this subsection as NIOSH). 
‘‘(iii) CONFLICTS
OF
INTEREST.— 
Panel members, and staff and consultants 
assisting the Panel with an investigation, 
shall be free from conflicts of interest with 
regard to the investigation, and be subject 
to the same standards of ethical conduct 
for persons employed by the Secretary. 
‘‘(iv) COMPOSITION.—The Secretary 
of Health and Human Services shall ap-
point as members of the Panel— 
‘‘(I) 1 operator of a mine or indi-
vidual representing mine operators, 
and 
‘‘(II) 1 representative of a labor 
organization that represents miners, 
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and may not appoint more than 1 of either 
such individuals as members of the Panel. 
‘‘(v) STAFF AND EXPENSES.—The Di-
rector of NIOSH shall designate NIOSH 
staff to facilitate the work of the Panel. 
The Director may accept as staff personnel 
on detail from other Federal agencies or 
re-employ annuitants. The detail of per-
sonnel under this paragraph may be on a 
non-reimbursable basis, and such detail 
shall be without interruption or loss of civil 
service status or privilege. The Director of 
NIOSH shall have the authority to procure 
on behalf of the Panel such materials, sup-
plies or services, including technical ex-
perts, as requested in writing by a majority 
of the Panel. 
‘‘(vi) COMPENSATION AND TRAVEL.— 
All members of the Panel who are officers 
or employees of the United States shall 
serve without compensation in addition to 
that received for their services as officers 
or employees of the United States. Each 
Panel member who is not an officer or em-
ployee of the United States shall be com-
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pensated at a rate equal to the daily equiv-
alent of the annual rate of basic pay pre-
scribed for level IV of the Executive Sched-
ule under section 5315 of title 5, United 
States Code, for each day (including travel 
time) during which such member is en-
gaged in the performance of duties of the 
Panel. The members of the Panel shall be 
allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter 
1 of chapter 57 of title 5, United States 
Code, while away from their homes or reg-
ular places of business in the performance 
of services for the Panel. 
‘‘(C) DUTIES.—The Panel shall— 
‘‘(i) assess and identify any factors 
that caused the accident, including defi-
ciencies in safety management systems, 
regulations, enforcement, industry prac-
tices or guidelines, or organizational fail-
ures; 
‘‘(ii) identify and evaluate any con-
tributing actions or inactions of— 
‘‘(I) the operator; 
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‘‘(II) any contractors or other 
persons engaged in mining-related 
functions at the site; 
‘‘(III) any State agency with 
oversight responsibilities; 
‘‘(IV) any agency or office within 
the Department of Labor; 
‘‘(V) the Federal Mine Safety 
and Health Review Commission; or 
‘‘(VI) any other person or entity 
(including equipment manufacturers); 
‘‘(iii) review the determinations and 
recommendations by the Secretary under 
paragraph (1); 
‘‘(iv) prepare a report that— 
‘‘(I) includes the findings regard-
ing the causal factors described in 
clauses (i) and (ii); 
‘‘(II) identifies any strengths and 
weaknesses in the Secretary’s inves-
tigation; and 
‘‘(III) includes recommendations, 
including 
interim 
recommendations 
where appropriate, to industry, labor 
organizations, 
State 
and 
Federal 
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agencies, or Congress, regarding pol-
icy, regulatory, enforcement, adminis-
trative, or other changes, which in the 
judgment of the Panel, would prevent 
a recurrence at other mines; and 
‘‘(v) publish such findings and rec-
ommendations (excluding any portions 
which the Attorney General requests that 
the Secretary withhold in relation to a 
criminal referral) and hold public meetings 
to inform the mining community and fami-
lies of affected miners of the Panel’s find-
ings and recommendations. 
‘‘(D) HEARINGS; APPLICABILITY OF CER-
TAIN FEDERAL LAW.—The Panel shall have the 
authority to conduct public hearings or meet-
ings, but shall not be subject to the Federal Ad-
visory Committee Act. All public hearings of the 
Panel shall be subject to the requirements 
under section 552b of title 5, United States 
Code. 
‘‘(E) 
MEMORANDUM
OF
UNDER-
STANDING.—Not later than 90 days after the 
date of enactment of the Robert C. Byrd Mine 
Safety Protection Act of 2011, the Secretary of 
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Labor and the Secretary of Health and Human 
Services shall conclude and publically issue a 
memorandum of understanding that— 
‘‘(i) outlines administrative arrange-
ments which will facilitate a coordination 
of efforts between the Secretary of Labor 
and the Panel, ensures that the Secretary’s 
investigation under paragraph (1) is not 
delayed or otherwise compromised by the 
activities of the Panel, and establishes a 
process to resolve any conflicts between 
such investigations; 
‘‘(ii) ensures that Panel members or 
staff will be able to participate in inves-
tigation activities (such as mine inspections 
and interviews) related to the Secretary of 
Labor’s investigation and will have full ac-
cess to documents that are assembled or 
produced in such investigation, and en-
sures that the Secretary of Labor will 
make all of the authority available to such 
Secretary under this section, including sub-
poena authority, to obtain information and 
witnesses which may be requested by such 
Panel; and 
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‘‘(iii) establishes such other arrange-
ments as are necessary to implement this 
paragraph. 
‘‘(F) PROCEDURES.—Not later than 90 
days after the date of enactment of the Robert 
C. Byrd Mine Safety Protection Act of 2011, 
the Secretary of Health and Human Services 
shall establish procedures to ensure the consist-
ency and effectiveness of Panel investigations. 
In establishing such procedures, such Secretary 
shall consult with independent safety investiga-
tion agencies, sectors of the mining industry, 
representatives of miners, families of miners in-
volved in fatal accidents, State mine safety 
agencies, and mine rescue organizations. Such 
procedures shall include— 
‘‘(i) authority for the Panel to use evi-
dence, samples, interviews, data, analyses, 
findings, or other information gathered by 
the Secretary of Labor, as the Panel deter-
mines valid; 
‘‘(ii) provisions to ensure confiden-
tiality if requested by any witness, to the 
extent permitted by law, and prevent con-
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flicts of interest in witness representation; 
and 
‘‘(iii) provisions for preservation of 
public access to the Panel’s records 
through the Secretary of Health and 
Human Services. 
‘‘(G) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to carry out this subsection such sums as may 
be necessary. 
‘‘(3) POWERS AND PROCESSES.—For the pur-
pose’’. 
(b) REPORTING REQUIREMENTS.—Section 511(a) 
(30 U.S.C. 958(a)) is amended by inserting after ‘‘501,’’ 
the following: ‘‘the status of implementation of rec-
ommendations from each independent investigation panel 
under section 103(b) received in the preceding 5 years’’. 
SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DUR-
ING INSPECTIONS AND INVESTIGATIONS. 
Section 103(b) (as amended by section 101) (30 
U.S.C. 813(b)) is further amended by adding at the end 
the following: 
‘‘(4) ADDITIONAL
POWERS.—For purposes of 
making inspections and investigations, the Secretary 
or the Secretary’s designee, may sign and issue sub-
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poenas for the attendance and testimony of wit-
nesses and the production of information, including 
all relevant data, papers, books, documents, and 
items of physical evidence, and administer oaths. 
Witnesses summoned shall be paid the same fees 
that are paid witnesses in the courts of the United 
States. In carrying out inspections and investiga-
tions under this subsection, authorized representa-
tives of the Secretary and attorneys representing the 
Secretary are authorized to question any individual 
privately. Under this section, any individual who is 
willing to speak with or provide a statement to such 
authorized representatives or attorneys representing 
the Secretary may do so without the presence, in-
volvement, or knowledge of the operator or the oper-
ator’s agents or attorneys. The Secretary shall keep 
the identity of an individual providing such a state-
ment confidential to the extent permitted by law. 
Nothing in this paragraph prevents any individual 
from being represented by that individual’s personal 
attorney.’’. 
SEC. 103. DESIGNATION OF MINER REPRESENTATIVE. 
Section 103(f) (30 U.S.C. 813(f)) is amended by in-
serting before the last sentence the following: ‘‘If any 
miner is entrapped or otherwise prevented as the result 
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of an accident in such mine from designating such a rep-
resentative directly, such miner’s closest relative may act 
on behalf of such miner in designating such a representa-
tive. If any miner is not currently working in such mine 
as the result of an accident in such mine, but would be 
currently working in such mine but for such accident, such 
miner may designate such a representative. A representa-
tive of miners shall have the right to participate in any 
accident investigation the Secretary initiates pursuant to 
subsection (b), including the right to participate in inves-
tigative interviews and to review all relevant papers, books, 
documents and records produced in connection with the 
accident investigation, unless the Secretary in consultation 
with the Attorney General excludes such representatives 
from the investigation on the grounds that inclusion would 
interfere with or adversely impact a criminal investigation 
that is pending or under consideration.’’. 
SEC. 104. ADDITIONAL AMENDMENTS RELATING TO IN-
SPECTIONS AND INVESTIGATIONS. 
(a) HOURS OF INSPECTIONS.—Section 103(a) (30 
U.S.C. 813(a)) is amended by inserting after the third 
sentence the following: ‘‘Such inspections shall be con-
ducted during the various shifts and days of the week dur-
ing which miners are normally present in the mine to en-
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sure that the protections of this Act are afforded to all 
miners working all shifts.’’. 
(b) REVIEW OF MINE PATTERN STATUS.—Section 
103(a) is further amended by inserting before the last sen-
tence the following: ‘‘The Secretary shall, upon request by 
an operator, review with the appropriate mine officials the 
Secretary’s most recent evaluation for pattern status (as 
provided in section 104(e)) for that mine during the 
course of a mine’s regular quarterly inspection of an un-
derground mine or a biannual inspection of a surface 
mine, or, at the discretion of the Secretary, during the 
pre-inspection conference.’’. 
(c) INJURY
AND
ILLNESS
REPORTING.—Section 
103(d) (30 U.S.C. 813(d)) is amended by striking the last 
sentence and inserting the following: ‘‘The records to be 
kept and made available by the operator of the mine shall 
include man-hours worked and occupational injuries and 
illnesses with respect to the miners in their employ or 
under their direction or authority, and shall be maintained 
separately for each mine and be reported at a frequency 
determined by the Secretary, but at least annually. Inde-
pendent contractors (within the meaning of section 3(d)) 
shall be responsible for reporting accidents, occupational 
injuries and illnesses, and man-hours worked for each 
mine with respect to the miners in their employ or under 
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their direction or authority, and shall be reported at a fre-
quency determined by the Secretary, but at least annually. 
Reports or records of operators and contractors required 
and submitted to the Secretary under this subsection shall 
be signed and certified as accurate and complete by a 
knowledgeable and responsible person possessing a certifi-
cation, registration, qualification, or other approval, as 
provided for under section 118. Knowingly falsifying such 
records or reports shall be grounds for revoking such cer-
tification, registration, qualification, or other approval 
under the standards established under subsection (b)(1) 
of such section.’’. 
(d) ORDERS FOLLOWING
AN ACCIDENT.—Section 
103(k) (30 U.S.C. 813(k)) is amended by striking ‘‘, when 
present,’’. 
(e) CONFLICT OF INTEREST IN THE REPRESENTA-
TION OF MINERS.—Section 103(a) (30 U.S.C. 813(a)) is 
amended by adding at the end the following: ‘‘During in-
spections and investigations under this section, and during 
any litigation under this Act, no attorney shall represent 
or purport to represent both the operator of a coal or other 
mine and any other individual, unless such individual has 
knowingly and voluntarily waived all actual and reasonably 
foreseeable conflicts of interest resulting from such rep-
resentation. The Secretary is authorized to take such ac-
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tions as the Secretary considers appropriate to ascertain 
whether such individual has knowingly and voluntarily 
waived all such conflicts of interest. If the Secretary finds 
that such an individual cannot be represented adequately 
by such an attorney due to such conflicts of interest, the 
Secretary may petition the appropriate United States Dis-
trict Court which shall have jurisdiction to disqualify such 
attorney as counsel to such individual in the matter. The 
Secretary may make such a motion as part of an ongoing 
related civil action or as a miscellaneous action.’’. 
TITLE II—ENHANCED 
ENFORCEMENT AUTHORITY 
SEC. 201. TECHNICAL AMENDMENT. 
Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘any mandatory health or 
safety standard’’ and inserting ‘‘any provision 
of this Act, including any mandatory health or 
safety standard or regulation promulgated 
under this Act’’; and 
(B) by striking ‘‘such mandatory health or 
safety standards’’ and inserting ‘‘such provi-
sions, regulations, or mandatory health or safe-
ty standards’’; and 
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‘‘(III) citations for flagrant viola-
tions within the meaning of section 
110(b); 
‘‘(IV) withdrawal orders issued 
under any other section of this Act 
(other than orders issued under sub-
sections (j) or (k) of section 103); and 
‘‘(V) accidents and injuries; or 
‘‘(ii) a pattern consisting of any com-
bination of citations, orders, accidents, or 
injuries described in subclauses (I) through 
(V). 
‘‘(B) MITIGATING CIRCUMSTANCES.—Not-
withstanding subparagraph (A), if the Sec-
retary, after conducting an assessment of a coal 
or other mine that otherwise qualifies for pat-
tern status, certifies that there are mitigating 
circumstances wherein the operator has already 
implemented remedial measures that have re-
duced risks to the health and safety of miners 
to the point that such risks are no longer ele-
vated and has taken sufficient measures to en-
sure such elevated risk will not recur, the Sec-
retary may deem such mine to not be in pattern 
status under this subsection. The Secretary 
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shall issue any such certification of such miti-
gating circumstances that would preclude the 
placement of a mine in pattern status as a writ-
ten finding, which shall, not later than 10 days 
after the certification is made, be— 
‘‘(i) made available on the public Web 
site of the Mine Safety and Health Admin-
istration; and 
‘‘(ii) transmitted to the Committee on 
Education and the Workforce of the House 
of Representatives and the Committee on 
Health, Education, Labor, and Pensions of 
the Senate. 
‘‘(C) FREQUENCY.—Not less frequently 
than every 6 months, the Secretary shall iden-
tify any mines which meet the criteria set forth 
in paragraph (8). 
‘‘(2) ACTIONS
FOLLOWING
PLACEMENT
OF 
MINE IN PATTERN STATUS.—For any coal or other 
mine that is in pattern status, the Secretary shall— 
‘‘(A) notify the operator of such mine that 
the mine is being placed in pattern status; 
‘‘(B) issue an order requiring such oper-
ator to cause all persons to be withdrawn from 
such mine, except those persons referred to in 
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subsection (c) or authorized by an order of the 
Secretary issued under this subsection; 
‘‘(C) issue a remediation order described in 
paragraph (3) to such operator within 3 days; 
and 
‘‘(D) require that the number of regular 
inspections of such mine required under section 
103 be increased to 8 per year for an under-
ground mine and 4 per year for a surface mine 
while the mine is in pattern status. 
Notice advising operators that they face potential 
placement in pattern status shall not be a require-
ment for issuing a withdrawal order to operators 
under this subsection. 
‘‘(3) REMEDIATION ORDER.— 
‘‘(A) IN GENERAL.—A remediation order 
issued to an operator under paragraph (2)(C) 
may require the operator to carry out one or 
more of the following requirements, pursuant to 
a timetable for commencing and completing 
such actions or as a condition of miners reen-
tering the mine: 
‘‘(i) Provide specified training, includ-
ing training not otherwise required under 
this Act. 
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‘‘(ii) Institute and implement an effec-
tive health and safety management pro-
gram approved by the Secretary, includ-
ing— 
‘‘(I) the employment of safety 
professionals, certified persons, and 
adequate numbers of personnel for the 
mine, as may be required by the Sec-
retary; 
‘‘(II) specific inspection, record-
keeping, reporting and other require-
ments for the mine as the Secretary 
may establish; and 
‘‘(III) other requirements to en-
sure compliance and to protect the 
health and safety of miners or prevent 
accidents or injuries as the Secretary 
may determine are necessary. 
‘‘(iii) Facilitate any effort by the Sec-
retary to communicate directly with miners 
employed at the mine outside the presence 
of the mine operators or its agents, for the 
purpose of obtaining information about 
mine conditions, health and safety prac-
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tices, or advising miners of their rights 
under this Act. 
‘‘(B) MODIFICATION OF AND FAILURE TO 
COMPLY WITH REMEDIATION ORDER.—The Sec-
retary may modify the remediation order, as 
necessary, to protect the health and safety of 
miners. If the mine operator fails to fully com-
ply with the remediation order during the time 
a mine is in pattern status, the Secretary shall 
reinstate the withdrawal order under paragraph 
(2)(B). 
‘‘(C) EXTENSION OF DEADLINES.—An ex-
tension of a deadline under the remediation 
order may be granted on a temporary basis and 
only upon a showing that the operator took all 
feasible measures to comply with the order and 
only to the extent that the operator’s failure to 
comply is beyond the control of the operator. 
‘‘(4) CONDITIONS FOR LIFTING A WITHDRAWAL 
ORDER.—A withdrawal order issued under para-
graph (2)(B) shall not be lifted until the Secretary 
verifies that— 
‘‘(A) any and all violations or other condi-
tions in the mine identified in the remediation 
order have been or are being fully abated or 
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corrected as outlined in the remediation order; 
and 
‘‘(B) the operator has completed any other 
actions under the remediation order that are re-
quired for reopening the mine. 
‘‘(5) PERFORMANCE EVALUATION.— 
‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall evaluate the performance of 
each mine in pattern status every 90 days dur-
ing which the mine is producing and determine 
if, for such 90-day period— 
‘‘(i) the rate of citations at such mine 
for significant and substantial violations— 
‘‘(I) is in the top performing 
35th percentile of such rates, respec-
tively, for all mines of similar size and 
type; or 
‘‘(II) has been reduced by 70 
percent from the date on which such 
mine was placed in pattern status, 
provided that the rate of such viola-
tions is not greater than the mean for 
all mines of similar size and type; 
‘‘(ii) the accident and injury rates at 
such mine are in the top performing 35th 
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percentile of such rates, respectively, for all 
mines of similar size and type; and 
‘‘(iii) no citations or withdrawal or-
ders for a violation under section 104(d), 
no withdrawal orders for imminent danger 
under section 107 (issued in connection 
with a citation), and no flagrant violations 
within the meaning of section 110(b), were 
issued for such mine. 
‘‘(B) REISSUANCE
OF
WITHDRAWAL
OR-
DERS.—If an operator being evaluated fails to 
achieve the performance benchmarks described 
in subparagraph (A), the Secretary may reissue 
a withdrawal order under paragraph (2)(B) to 
remedy any recurring conditions that led to pat-
tern status under this subsection, and may 
modify the remediation order, as necessary, to 
protect the health and safety of miners. 
‘‘(6) TERMINATION OF PATTERN STATUS.— 
‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall remove a coal or other mine 
from pattern status if, for a 1-year period dur-
ing which the mine is producing— 
‘‘(i) the rate of citations at such mine 
for significant and substantial violations— 
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‘‘(I) is in the top performing 
25th percentile of such rates, respec-
tively, for all mines of similar size and 
type; or 
‘‘(II) has been reduced by 80 
percent from the date on which such 
mine was placed in pattern status, 
provided that the rate of such viola-
tions is not greater than the mean for 
all mines of similar size and type; 
‘‘(ii) the accident and injury rates at 
such mine are in the top performing 25th 
percentile of such rates, respectively, for all 
mines of similar size and type; and 
‘‘(iii) no citations or withdrawal or-
ders for violations under section 104(d), no 
withdrawal orders for imminent danger 
under section 107 (issued in connection 
with a citation), and no flagrant violations 
within the meaning of section 110(b), were 
issued for such mine. 
‘‘(B) CONTINUATION
OF
PATTERN
STA-
TUS.—Should the mine operator fail to meet 
the performance benchmarks described in sub-
paragraph (A), the Secretary shall extend the 
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mine’s placement in pattern status until such 
benchmarks are achieved. 
‘‘(C) CONSTRUCTION.—A withdrawal order 
issued as the result of a condition that was en-
tirely beyond the operator’s ability to prevent or 
control shall not preclude the operator from 
being removed from pattern status, provided 
the operator did not cause or allow miners to 
be exposed to the condition in violation of any 
provision of this Act or a mandatory health or 
safety standard or regulation promulgated 
under this Act. 
‘‘(7) EXPEDITED REVIEW.—If any order under 
this subsection is contested, the review of such order 
shall be conducted on an expedited basis, in accord-
ance with section 105(d). 
‘‘(8) REGULATIONS.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of the Robert 
C. Byrd Mine Safety Protection Act of 2011, 
the Secretary shall issue interim final regula-
tions that shall define— 
‘‘(i) the threshold benchmarks to trig-
ger pattern status under paragraph (1) 
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and cause a withdrawal order to be issued 
or reissued; and 
‘‘(ii) the performance benchmarks de-
scribed in paragraphs (5)(A) and (6)(A). 
‘‘(B) THRESHOLD
BENCHMARKS.—In es-
tablishing threshold benchmarks to trigger pat-
tern status for mines with significantly poor 
compliance that contributes to unsafe or 
unhealthy conditions, the Secretary— 
‘‘(i) shall— 
‘‘(I) consider rates of citations 
and orders described in paragraph 
(1)(A) and rates of reportable acci-
dents and injuries within the pre-
ceding 180-day period; and 
‘‘(II) assign appropriate weight 
to various types of citations, orders, 
accidents, injuries, or other factors; 
and 
‘‘(ii) may include— 
‘‘(I) factors such as mine type, 
production levels, number of miners, 
hours worked by miners, number of 
mechanized mining units (or similar 
production characteristics), and the 
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presence of a representative of miners 
at the mine for purposes of collective 
bargaining; 
‘‘(II) the mine’s history of cita-
tions, violations, orders, and other en-
forcement actions, or rates of report-
able accidents and injuries, over any 
period determined relevant by the Sec-
retary; and 
‘‘(III) other factors the Secretary 
may determine appropriate to protect 
the safety and health of miners. 
‘‘(C) FINAL REGULATION.—Not later than 
2 years after the date of enactment of the Rob-
ert C. Byrd Mine Safety Protection Act of 
2011, the Secretary shall promulgate a final 
regulation implementing this paragraph. 
‘‘(9) PUBLIC DATABASE AND INFORMATION.— 
The Secretary shall establish and maintain a pub-
lically available electronic database containing the 
data used to determine pattern status for all coal or 
other mines which shall be updated as frequently as 
practicable. Such database shall be searchable and 
have the capacity to provide comparative data about 
the health and safety at mines of similar sizes and 
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types. The Secretary shall also make publicly avail-
able— 
‘‘(A) a list of all mines the Secretary 
places in pattern status, updated within 7 days 
of placing an additional mine in pattern status; 
‘‘(B) the metrics, including percentile in-
formation, used for the purposes of the per-
formance benchmarks and threshold bench-
marks described in paragraphs (5), (6), and 
(8); and 
‘‘(C) guidance for the use of such metrics 
and benchmarks to assist operators in deter-
mining the performance their mines under cri-
teria established by the Secretary. 
‘‘(10) OPERATOR
FEES
FOR
ADDITIONAL
IN-
SPECTIONS.— 
‘‘(A) ASSESSMENT AND COLLECTION.—Be-
ginning 120 days after the date of enactment of 
the Robert C. Byrd Mine Safety Protection Act 
of 2011, the Secretary shall assess and collect 
fees, in accordance with this paragraph, from 
each coal or other mine in pattern status for 
the costs of additional inspections under this 
subsection. The Secretary shall issue, by rule, a 
schedule of fees to be assessed against coal or 
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other mines of varying types and sizes, and 
shall collect and assess amounts under this 
paragraph based on the schedule. 
‘‘(B) USE.—Amounts collected as provided 
in subparagraph (A) shall only be available to 
the Secretary for making expenditures to carry 
out the additional inspections required under 
paragraph (2)(D). 
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to any other amounts au-
thorized to be appropriated under this Act, 
there is authorized to be appropriated to the 
Secretary for each fiscal year in which fees are 
collected under subparagraph (A) an amount 
equal to the total amount of fees collected 
under such subparagraph during that fiscal 
year. Such amounts are authorized to remain 
available until expended. If on the first day of 
a fiscal year a regular appropriation to the 
Commission has not been enacted, the Commis-
sion shall continue to collect fees (as offsetting 
collections) under this subsection at the rate in 
effect during the preceding fiscal year, until 5 
days after the date such regular appropriation 
is enacted. 
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‘‘(D) COLLECTION
AND
CREDITING
OF 
FEES.—Fees authorized and collected under 
this paragraph shall be deposited and credited 
as offsetting collections to the account providing 
appropriations to the Mine Safety and Health 
Administration and shall not be collected for 
any fiscal year except to the extent and in the 
amount provided in advance in appropriation 
Acts.’’. 
SEC. 203. INJUNCTIVE AUTHORITY. 
Section 108(a)(2) (30 U.S.C. 818(a)(2)) is amended 
by striking ‘‘a pattern of violation of’’ and all that follows 
and inserting ‘‘a course of conduct that in the judgment 
of the Secretary constitutes a continuing hazard to the 
health or safety of miners, including violations of this Act 
or of mandatory health and safety standards or regula-
tions under this Act.’’. 
SEC. 204. REVOCATION OF APPROVAL OF PLANS. 
Section 105 (30 U.S.C. 815) is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) REVOCATION OF APPROVAL OF PLANS.— 
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‘‘(1) REVOCATION.—If the Secretary finds that 
any program or plan of an operator, or part thereof, 
that was approved by the Secretary under this Act 
is based on inaccurate information or that cir-
cumstances that existed when such plan was ap-
proved have materially changed and that continued 
operation of such mine under such plan constitutes 
a hazard to the safety or health of miners, the Sec-
retary shall revoke the approval of such program or 
plan. 
‘‘(2) WITHDRAWAL ORDERS.—Upon revocation 
of the approval of a program or plan under sub-
section (a), the Secretary may immediately issue an 
order requiring the operator to cause all persons, ex-
cept those persons referred to in section 104(c), to 
be withdrawn from such mine or an area of such 
mine, and to be prohibited from entering such mine 
or such area, until the operator has submitted and 
the Secretary has approved a new plan.’’. 
SEC. 205. CHALLENGING A DECISION TO APPROVE, MOD-
IFY, OR REVOKE A COAL OR OTHER MINE 
PLAN. 
Section 105(e) (as redesignated by section 204(1)) 
(30 U.S.C. 815(e)) is amended by adding at the end the 
following: ‘‘In any proceeding in which a party challenges 
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the Secretary’s decision whether to approve, modify, or re-
voke a coal or other mine plan under this Act, the Com-
mission shall affirm the Secretary’s decision unless the 
challenging party establishes that such decision was arbi-
trary, capricious, an abuse of discretion, or otherwise not 
in accordance with law.’’. 
SEC. 206. GAO STUDY ON MSHA MINE PLAN APPROVAL. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall provide a report 
to Congress on the timeliness of the Mine Safety and 
Health Administration’s approval of underground coal 
mines’ required plans and plan amendments, including— 
(1) factors that contribute to any delays in the 
approval of these plans; and 
(2) as appropriate, recommendations for im-
proving timeliness of plan review and for achieving 
prompt decisions. 
TITLE III—PENALTIES 
SEC. 301. CIVIL PENALTIES. 
(a) TECHNICAL CORRECTION.—Section 110(a)(1) 
(30 U.S.C. 820(a)(1)) is amended by inserting ‘‘including 
any regulation promulgated under this Act,’’ after ‘‘this 
Act,’’. 
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(b) INCREASED CIVIL PENALTIES DURING PATTERN 
STATUS.—Section 110(b) (30 U.S.C. 820(b)) is amended 
by adding at the end the following: 
‘‘(3) Notwithstanding any other provision of this Act, 
an operator of a coal or other mine that is in pattern sta-
tus under section 104(e) and that fails to meet the per-
formance benchmarks set forth by the Secretary under 
section 104(e)(5)(A) during any performance review of the 
mine following the first performance review shall be as-
sessed an increased civil penalty for any violation of this 
Act, including any mandatory health or safety standard 
or regulation promulgated under this Act. Such increased 
penalty shall be twice the amount that would otherwise 
be assessed for the violation under this Act, including the 
regulations promulgated under this Act, subject to the 
maximum civil penalty established for the violation under 
this Act. This paragraph shall apply to violations at such 
mine that occur during the time period after the operator 
fails to meet the performance benchmarks in this para-
graph, and ending when the Secretary determines at a 
subsequent performance review that the mine meets the 
performance benchmarks under section 104(e)(5)(A).’’. 
(c) CIVIL PENALTY
FOR RETALIATION.—Section 
110(a) (30 U.S.C. 820(a)) is further amended— 
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(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) If any person violates section 105(c), the Sec-
retary shall propose, and the Commission shall assess, a 
civil penalty of not less than $10,000 or more than 
$100,000 for the first occurrence of such violation, and 
not less than $20,000 or more than $200,000 for any sub-
sequent violation, during any 3-year period.’’. 
SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DI-
RECTORS, AND AGENTS. 
Section 110(c) (30 U.S.C. 820(c)) is amended to read 
as follows: 
‘‘(c) CIVIL AND CRIMINAL LIABILITY OF OFFICERS, 
DIRECTORS, AND AGENTS.— 
‘‘(1) CIVIL PENALTIES.—Whenever an operator 
engages in conduct for which the operator is subject 
to civil penalties under this section, any director, of-
ficer, or agent of such operator who knowingly au-
thorizes, orders, or carries out such conduct, or who 
knowingly authorizes, orders, or carries out any pol-
icy or practice that results in such conduct and hav-
ing reason to believe it would so result, shall be sub-
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ject to the same civil penalties under this section as 
if it were an operator engaging in such conduct. 
‘‘(2) CRIMINAL PENALTIES.—Whenever an op-
erator engages in conduct for which the operator 
may be subject to criminal penalties under sub-
section (d), any director, officer, or agent of such 
operator who knowingly authorizes, orders, or car-
ries out such conduct, or who knowingly authorizes, 
orders, or carries out a policy or practice that re-
sults in such conduct, and knowing that it will so re-
sult, shall be subject to the same penalties under 
paragraphs (1) or (2) of subsection (d) as if such 
person were an operator engaging in such conduct.’’. 
SEC. 303. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 110 (30 U.S.C. 820) is 
amended by striking subsection (d) and— 
(1) by inserting the following new heading: 
‘‘(d) CRIMINAL PENALTIES.—’’; 
(2) by inserting after the heading (as added by 
paragraph (1) of this subsection), the following new 
paragraph: 
‘‘(1) IN GENERAL.—Whoever, being an oper-
ator, knowingly— 
‘‘(A) violates a mandatory health or safety 
standard, or 
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‘‘(B) violates or fails or refuses to comply 
with any order issued under section 104 or sec-
tion 107, or any order incorporated in a final 
decision issued under this Act (except an order 
incorporated in a decision under subsection 
(a)(1) or section 105(c)), shall, upon conviction, 
be fined not more than $250,000, or imprisoned 
for not more than 1 year, or both, except that 
if the operator commits the violation after hav-
ing been previously convicted of a violation 
under this paragraph and, if the operator 
knows or has reason to know that such subse-
quent violation has the potential to expose a 
miner to risk of serious injury, serious illness, 
or death, the operator shall, upon conviction, be 
fined not more than $1,000,000, or imprisoned 
for not more than 5 years, or both.’’; 
(3) by inserting after paragraph (1) (as added 
by paragraph (2) of this subsection), the following 
new paragraph: 
‘‘(2) SIGNIFICANT
RISK
OF
SERIOUS
INJURY, 
SERIOUS ILLNESS, OR DEATH.—Whoever, being an 
operator, knowingly— 
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‘‘(A) tampers with or disables a required 
safety device (except with express authorization 
from the Secretary), 
‘‘(B) violates a mandatory health or safety 
standard, or 
‘‘(C) violates or fails or refuses to comply 
with an order issued under section 104 or 107, 
or any order incorporated in a final decision 
issued under this Act (except an order incor-
porated in a decision under subsection (a)(1) or 
section 105(c)), and thereby recklessly exposes 
a miner to significant risk of serious injury, se-
rious illness, or death, shall, upon conviction, be 
fined not more than $1,000,000, or imprisoned 
for not more than 5 years, or both, except that 
if the operator commits the violation after hav-
ing been previously convicted of a violation 
under this paragraph, the operator shall, upon 
conviction, be fined not more than $2,000,000, 
or imprisoned for not more than 10 years, or 
both.’’; and 
(4) by inserting after paragraph (2) (as added 
by paragraph (3) of this subsection), the following 
new paragraph: 
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‘‘(3) CRIMINAL
PENALTIES
FOR
RETALIA-
TION.—Whoever knowingly— 
‘‘(A) with the intent to retaliate, interferes 
with the lawful employment or livelihood of a 
person, or the spouse, sibling, child, or parent 
of a person, because any of them provides infor-
mation to an authorized representative of the 
Secretary, a State or local mine safety or health 
officer or official, or other law enforcement offi-
cer, in reasonable belief that the information is 
true and related to an apparent health or safety 
violation, or unhealthful or unsafe condition, 
policy, or practice under this Act, or 
‘‘(B) interferes, or threatens to interfere, 
with the lawful employment or livelihood of a 
person, or the spouse, sibling, child, or parent 
of a person, with the intent to prevent any of 
them from so providing such information, shall 
be fined under title 18 or imprisoned for not 
more than 5 years, or both.’’. 
(b) ADVANCE NOTICE OF INSPECTIONS.— 
(1) IN GENERAL.—Section 110(e) (30 U.S.C. 
820(e)) is amended to read as follows: 
‘‘(e) Whoever knowingly, with intent to give advance 
notice of an inspection conducted or to be conducted under 
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this Act, and thereby to impede, interfere with, or frus-
trate such inspection, engages in, or directs another per-
son to engage in, conduct that a reasonable person would 
expect to result in such advance notice, shall be fined 
under title 18, United States Code, or imprisoned for not 
more than 5 years, or both, except that a miner (other 
than a director, officer or agent of the operator involved) 
who commits the offense at the direction of a superior 
shall be fined under title 18, or imprisoned not more than 
1 year, or both, unless the miner commits a second or 
subsequent offense under this subsection (without regard 
to whether the offense was committed at the direction of 
a superior) in which case the miner shall be fined under 
title 18, United States Code, or imprisoned for not more 
than 5 years, or both.’’. 
(2) POSTING
OF
ADVANCE
NOTICE
PEN-
ALTIES.—Section 109 (30 U.S.C. 819) is amended 
by adding at the end the following: 
‘‘(e) POSTING OF ADVANCE NOTICE PENALTIES.— 
Each operator of a coal or other mine shall post, on the 
bulletin board described in subsection (a) and in a con-
spicuous place near each staffed entrance onto the mine 
property, a notice stating, in a form and manner to be 
prescribed by the Secretary— 
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‘‘(1) that it is unlawful pursuant to section 
110(e) for any person, with the intent to impede, 
interfere with, or frustrate an inspection conducted 
or to be conducted under this Act, to engage in, or 
direct another person to engage in, any conduct that 
a reasonable person would expect to result in ad-
vance notice of such inspection; and 
‘‘(2) the maximum penalties for a violation 
under such subsection.’’. 
SEC. 304. COMMISSION REVIEW OF PENALTY ASSESS-
MENTS. 
Section 110(i) (30 U.S.C. 820(i)) is amended by 
striking ‘‘In assessing civil monetary penalties, the Com-
mission shall consider’’ and inserting the following: ‘‘In 
any review of a citation and proposed penalty assessment 
contested by an operator, the Commission shall assess not 
less than the penalty derived by using the same method-
ology (including any point system) prescribed in regula-
tions under this Act, so as to ensure consistency in oper-
ator penalty assessments, except that the Commission may 
assess a penalty for less than the amount that would result 
from the utilization of such methodology if the Commis-
sion finds that there are extraordinary circumstances. If 
there is no such methodology prescribed for a citation or 
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there are such extraordinary circumstances, the Commis-
sion shall assess the penalty by considering’’. 
SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT IN-
TEREST. 
(a) PRE-FINAL ORDER INTEREST.—Section 110(j) 
(30 U.S.C. 820(j)) is amended by striking the second and 
third sentences and inserting the following: ‘‘Pre-final 
order interest on such penalties shall begin to accrue on 
the date the operator contests a citation issued under this 
Act, including any mandatory health or safety standard 
or regulation promulgated under this Act, and shall end 
upon the issuance of the final order. Such pre-final order 
interest shall be calculated at the current underpayment 
rate determined by the Secretary of the Treasury pursu-
ant to section 6621 of the Internal Revenue Code of 1986, 
and shall be compounded daily. Post-final order interest 
shall begin to accrue 30 days after the date a final order 
of the Commission or the court is issued, and shall be 
charged at the rate of 8 percent per annum.’’. 
(b) ENSURING PAYMENT OF PENALTIES.— 
(1) AMENDMENTS.—Section 110 (30 U.S.C. 
820) is further amended— 
(A) by redesignating subsection (l) as sub-
section (m); and 
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(B) by inserting after subsection (k) the 
following: 
‘‘(l) ENSURING PAYMENT OF PENALTIES.— 
‘‘(1) DELINQUENT PAYMENT LETTER.—If the 
operator of a coal or other mine fails to pay any civil 
penalty assessment that has become a final order of 
the Commission or a court within 45 days after such 
assessment became a final order, the Secretary shall 
send the operator a letter advising the operator of 
the consequences under this subsection of such fail-
ure to pay. The letter shall also advise the operator 
of the opportunity to enter into or modify a payment 
plan with the Secretary based upon a demonstrated 
inability to pay, the procedure for entering into such 
plan, and the consequences of not entering into or 
not complying with such plan. 
‘‘(2) WITHDRAWAL ORDERS FOLLOWING FAIL-
URE TO PAY.—If an operator that receives a letter 
under paragraph (1) has not paid the assessment by 
the date that is 180 days after such assessment be-
came a final order and has not entered into a pay-
ment plan with the Secretary, the Secretary shall 
issue an order requiring such operator to cause all 
persons, except those referred to in section 104(c), 
to be withdrawn from, and to be prohibited from en-
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tering, the mine that is covered by the final order 
described in paragraph (1), until the operator pays 
such assessment in full (including interest and ad-
ministrative costs) or enters into a payment plan 
with the Secretary. If such operator enters into a 
payment plan with the Secretary and at any time 
fails to comply with the terms specified in such pay-
ment plan, the Secretary shall issue an order requir-
ing such operator to cause all persons, except those 
referred to in section 104(c), to be withdrawn from 
the mine that is covered by such final order, and to 
be prohibited from entering such mine, until the op-
erator rectifies the noncompliance with the payment 
plan in the manner specified in such payment 
plan.’’. 
(2) APPLICABILITY
AND
EFFECTIVE
DATE.— 
The amendments made by paragraph (1) shall apply 
to all unpaid civil penalty assessments under the 
Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 801 et seq.), except that, for any unpaid civil 
penalty assessment that became a final order of the 
Commission or a court before the date of enactment 
of this Act, the time periods under section 110(n) of 
the Federal Mine Safety and Health Act of 1977 (as 
amended) (30 U.S.C. 820(n)) shall be calculated as 
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beginning on the date of enactment of this Act in-
stead of on the date of the final order. 
TITLE IV—MINERS’ RIGHTS AND 
PROTECTIONS 
SEC. 401. PROTECTION FROM RETALIATION. 
Section 105(c) (30 U.S.C. 815(c)) is amended to read 
as follows: 
‘‘(c) PROTECTION FROM RETALIATION.— 
‘‘(1) RETALIATION PROHIBITED.— 
‘‘(A) RETALIATION
FOR
COMPLAINT
OR 
TESTIMONY.—No person shall discharge or in 
any manner discriminate against or cause to be 
discharged or cause discrimination against or 
otherwise interfere with the exercise of the stat-
utory rights of any miner or other employee of 
an operator, representative of miners, or appli-
cant for employment (including the spouse, sib-
ling, child, or parent of such miner or employee, 
if such individual is employed or is applying for 
employment at a mine under the control of the 
operator), because— 
‘‘(i) such miner or other employee, 
representative, or applicant for employ-
ment— 
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‘‘(I) has filed or made a com-
plaint, or is about to file or make a 
complaint, including a complaint noti-
fying the operator or the operator’s 
agent, or the representative of the 
miners at the coal or other mine of an 
alleged danger or safety or health vio-
lation in a coal or other mine; 
‘‘(II) instituted or caused to be 
instituted, or is about to institute or 
cause to be instituted, any proceeding 
under or related to this Act or has 
testified or is about to testify in any 
such proceeding or because of the ex-
ercise by such miner or other em-
ployee, representative, or applicant for 
employment on behalf of him or her-
self or others of any right afforded by 
this Act, or has reported any injury or 
illness to an operator or agent; 
‘‘(III) has testified or is about to 
testify before Congress or any Federal 
or State proceeding related to safety 
or health in a coal or other mine; or 
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‘‘(IV) refused to violate any pro-
vision of this Act, including any man-
datory health and safety standard or 
regulation; or 
‘‘(ii) such miner is the subject of med-
ical evaluations and potential transfer 
under a standard published pursuant to 
section 101. 
‘‘(B) RETALIATION FOR REFUSAL TO PER-
FORM DUTIES.— 
‘‘(i) IN
GENERAL.—No person shall 
discharge or in any manner discriminate 
against a miner or other employee of an 
operator for refusing to perform the min-
er’s or other employee’s duties if the miner 
or other employee has a good-faith and 
reasonable belief that performing such du-
ties would pose a safety or health hazard 
to the miner or other employee or to any 
other miner or employee. 
‘‘(ii) STANDARD.—For purposes of 
clause (i), the circumstances causing the 
miner’s or other employee’s good-faith be-
lief that performing such duties would pose 
a safety or health hazard shall be of such 
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a nature that a reasonable person, under 
the circumstances confronting the miner or 
other employee, would conclude that there 
is such a hazard. In order to qualify for 
protection under this paragraph, the miner 
or other employee, when practicable, shall 
have communicated or attempted to com-
municate the safety or health concern to 
the operator and have not received from 
the operator a response reasonably cal-
culated to allay such concern. 
‘‘(2) COMPLAINT.—Any miner or other em-
ployee or representative of miners or applicant for 
employment who believes that he or she has been 
discharged, disciplined, or otherwise discriminated 
against by any person in violation of paragraph (1) 
may file a complaint with the Secretary alleging 
such discrimination not later than 180 days after 
the later of— 
‘‘(A) the last date on which an alleged vio-
lation of paragraph (1) occurs; or 
‘‘(B) the date on which the miner or other 
employee or representative knows or should rea-
sonably have known that such alleged violation 
occurred. 
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‘‘(3) INVESTIGATION AND HEARING.— 
‘‘(A) COMMENCEMENT OF INVESTIGATION 
AND
INITIAL
DETERMINATION.—Upon receipt 
of such complaint, the Secretary shall forward 
a copy of the complaint to the respondent, and 
shall commence an investigation within 15 days 
of the Secretary’s receipt of the complaint, and, 
as soon as practicable after commencing such 
investigation, make the determination required 
under subparagraph (B) regarding the rein-
statement of the miner or other employee. 
‘‘(B) REINSTATEMENT.—If the Secretary 
finds that such complaint was not frivolously 
brought, the Commission, on an expedited basis 
upon application of the Secretary, shall order 
the immediate reinstatement of the miner or 
other employee until there has been a final 
Commission order disposing of the underlying 
complaint of the miner or other employee. If ei-
ther the Secretary or the miner or other em-
ployee pursues the underlying complaint, such 
reinstatement shall remain in effect until the 
Commission has disposed of such complaint on 
the merits, regardless of whether the Secretary 
pursues such complaint by filing a complaint 
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under subparagraph (D) or the miner or other 
employee pursues such complaint by filing an 
action under paragraph (4). If neither the Sec-
retary nor the miner or other employee pursues 
the underlying complaint within the periods 
specified in paragraph (4), such reinstatement 
shall remain in effect until such time as the 
Commission may, upon motion of the operator 
and after providing notice and an opportunity 
to be heard to the parties, vacate such com-
plaint for failure to prosecute. 
‘‘(C) INVESTIGATION.—Such investigation 
shall include interviewing the complainant 
and— 
‘‘(i) providing the respondent an op-
portunity to submit to the Secretary a 
written response to the complaint and to 
present statements from witnesses or pro-
vide evidence; and 
‘‘(ii) providing the complainant an op-
portunity to receive any statements or evi-
dence provided to the Secretary and to 
provide additional information or evidence, 
or to rebut any statements or evidence. 
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‘‘(D) ACTION
BY
THE
SECRETARY.—If, 
upon such investigation, the Secretary deter-
mines that the provisions of this subsection 
have been violated, the Secretary shall imme-
diately file a complaint with the Commission, 
with service upon the alleged violator and the 
miner or other employee, representative of min-
ers, or applicant for employment alleging such 
discrimination or interference and propose an 
order granting appropriate relief. 
‘‘(E) ACTION OF THE COMMISSION.—The 
Commission shall afford an opportunity for a 
hearing on the record (in accordance with sec-
tion 554 of title 5, United States Code, but 
without regard to subsection (a)(3) of such sec-
tion) and thereafter shall issue an order, based 
upon findings of fact, affirming, modifying, or 
vacating the Secretary’s proposed order, or di-
recting other appropriate relief. Such order 
shall become final 30 days after its issuance. 
The complaining miner or other employee, rep-
resentative, or applicant for employment may 
present additional evidence on his or her own 
behalf during any hearing held pursuant to this 
paragraph. 
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‘‘(F) RELIEF.—The Commission shall have 
authority in such proceedings to require a per-
son committing a violation of this subsection to 
take such affirmative action to abate the viola-
tion and prescribe a remedy as the Commission 
considers appropriate, including— 
‘‘(i) the rehiring or reinstatement of 
the miner or other employee with back pay 
and interest and without loss of position or 
seniority, and restoration of the terms, 
rights, conditions, and privileges associated 
with the complainant’s employment; 
‘‘(ii) any other compensatory and con-
sequential damages sufficient to make the 
complainant whole, and exemplary dam-
ages where appropriate; and 
‘‘(iii) expungement of all warnings, 
reprimands, or derogatory references that 
have been placed in paper or electronic 
records or databases of any type relating 
to the actions by the complainant that 
gave rise to the unfavorable personnel ac-
tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
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complainant reasonably believes may have 
received such unfavorable information. 
‘‘(4) NOTICE TO AND ACTION OF COMPLAIN-
ANT.— 
‘‘(A) NOTICE
TO
COMPLAINANT.—Not 
later than 90 days of the receipt of a complaint 
filed under paragraph (2), the Secretary shall 
notify, in writing, the miner or other employee, 
applicant for employment, or representative of 
miners of his determination whether a violation 
has occurred. 
‘‘(B) ACTION
OF
COMPLAINANT.—If the 
Secretary, upon investigation, determines that 
the provisions of this subsection have not been 
violated, the complainant shall have the right, 
within 30 days after receiving notice of the Sec-
retary’s determination, to file an action in his 
or her own behalf before the Commission, 
charging discrimination or interference in viola-
tion of paragraph (1). 
‘‘(C) HEARING AND DECISION.—The Com-
mission shall afford an opportunity for a hear-
ing on the record (in accordance with section 
554 of title 5, United States Code, but without 
regard to subsection (a)(3) of such section), 
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and thereafter shall issue an order, based upon 
findings of fact, dismissing or sustaining the 
complainant’s charges and, if the charges are 
sustained, granting such relief as it deems ap-
propriate as described in paragraph (3)(D). 
Such order shall become final 30 days after its 
issuance. 
‘‘(5) BURDEN OF PROOF.—In adjudicating a 
complaint pursuant to this subsection, the Commis-
sion may determine that a violation of paragraph (1) 
has occurred only if the complainant demonstrates 
that any conduct described in paragraph (1) with re-
spect to the complainant was a contributing factor 
in the adverse action alleged in the complaint. A de-
cision or order that is favorable to the complainant 
shall not be issued pursuant to this subsection if the 
respondent demonstrates by clear and convincing 
evidence that the respondent would have taken the 
same adverse action in the absence of such conduct. 
‘‘(6) ATTORNEYS’ FEES.—Whenever an order is 
issued sustaining the complainant’s charges under 
this subsection, a sum equal to the aggregate 
amount of all costs and expenses, including attor-
ney’s fees, as determined by the Commission to have 
been reasonably incurred by the complainant for, or 
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in connection with, the institution and prosecution of 
such proceedings shall be assessed against the per-
son committing such violation. The Commission 
shall determine whether such costs and expenses 
were reasonably incurred by the complainant without 
reference to whether the Secretary also participated 
in the proceeding. 
‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE-
VIEW.—Proceedings under this subsection shall be 
expedited by the Secretary and the Commission. Any 
order issued by the Commission under this sub-
section shall be subject to judicial review in accord-
ance with section 106. Violations by any person of 
paragraph (1) shall be subject to the provisions of 
sections 108 and 110(a)(4). 
‘‘(8) PROCEDURAL
RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(9) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any miner or employee who exercises 
rights under any Federal or State law or common 
law, or under any collective bargaining agreement.’’. 
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SEC. 402. PROTECTION FROM LOSS OF PAY. 
Section 111 (30 U.S.C. 821) is amended to read as 
follows: 
‘‘SEC. 111. ENTITLEMENT OF MINERS. 
‘‘(a) PROTECTION FROM LOSS OF PAY.— 
‘‘(1) WITHDRAWAL ORDERS.—If a coal or other 
mine or area of such mine is closed by an order 
issued under section 103, 104, 107, 108, or 110, all 
miners working during the shift when such order 
was issued who are idled by such order shall be enti-
tled, regardless of the result of any review of such 
order, to full compensation by the operator at their 
regular rates of pay for the period they are idled, 
but for not more than the balance of such shift. If 
such order is not terminated prior to the next work-
ing shift, all miners on that shift who are idled by 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay for the pe-
riod they are idled, but for not more than four hours 
of such shift. If a coal or other mine or area of such 
mine is closed by an order issued under section 104, 
107 (in connection with a citation), 108, or 110, all 
miners who are idled by such order shall be entitled, 
regardless of the result of any review of such order, 
to full compensation by the operator at their regular 
rates of pay and in accordance with their regular 
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schedules of pay for the entire period for which they 
are idled, not to exceed 60 days. 
‘‘(2) CLOSURE IN ADVANCE OF ORDER.—If the 
Secretary finds that such mine or such area of a 
mine was closed by the operator in anticipation of 
the issuance of such an order, all miners who are 
idled by such closure shall be entitled to full com-
pensation by the operator at their regular rates of 
pay and in accordance with their regular schedules 
of pay, from the time of such closure until such time 
as the Secretary authorizes reopening of such mine 
or such area of the mine, not to exceed 60 days, ex-
cept where an operator promptly withdraws miners 
upon discovery of a hazard, and notifies the Sec-
retary where required, and within the prescribed 
time period. 
‘‘(3) REFUSAL TO COMPLY.—Whenever an op-
erator violates or fails or refuses to comply with any 
order issued under section 103, 104, 107, 108, or 
110, all miners employed at the affected mine who 
would have been withdrawn from, or prevented from 
entering, such mine or area thereof as a result of 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay, in addi-
tion to pay received for work performed after such 
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order was issued, for the period beginning when 
such order was issued and ending when such order 
is complied with, vacated, or terminated. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) COMMISSION
ORDERS.—The Commission 
shall have authority to order compensation due 
under this section upon the filing of a complaint by 
a miner or his representative and after opportunity 
for hearing on the record subject to section 554 of 
title 5, United States Code. Whenever the Commis-
sion issues an order sustaining the complaint under 
this subsection in whole or in part, the Commission 
shall award the complainant reasonable attorneys’ 
fees and costs. 
‘‘(2) FAILURE TO PAY COMPENSATION DUE.— 
Consistent with the authority of the Secretary to 
order miners withdrawn from a mine under this Act, 
the Secretary shall order a mine that has been sub-
ject to a withdrawal order under section 103, 104, 
107, 108, or 110, and has reopened, to be closed 
again if compensation in accordance with the provi-
sions of this section is not paid by the end of the 
next regularly scheduled payroll period following the 
lifting of a withdrawal order. 
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‘‘(c) EXPEDITED REVIEW.—If an order is issued 
which results in payments to miners under subsection (a), 
the operators shall have the right to an expedited review 
before the Commission using timelines and procedures es-
tablished pursuant to section 316(b)(2)(G)(ii).’’. 
SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
STATUS. 
The Federal Mine Safety and Health Act of 1977 is 
further amended by adding at the end of title I the fol-
lowing: 
‘‘SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
STATUS. 
‘‘(a) IN GENERAL.—For purposes of ensuring min-
ers’ health and safety and miners’ right to raise concerns 
thereof, when an underground coal mine is placed in pat-
tern status pursuant to section 104(e), and for 3 years 
after such placement, the operator of such mine may not 
discharge or constructively discharge a miner who is paid 
on an hourly basis and employed at such underground coal 
mine without reasonable job-related grounds based on a 
failure to satisfactorily perform job duties, including com-
pliance with this Act and with mandatory health and safe-
ty standards or other regulations issued under this Act, 
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or other legitimate business reason, where the miner has 
completed the employer’s probationary period, not to ex-
ceed 6 months. 
‘‘(b) CAUSE OF ACTION.—A miner aggrieved by a 
violation of subsection (a) may file a complaint in Federal 
district court in the district where the mine is located 
within 1 year of such violation. 
‘‘(c) REMEDIES.—In an action under subsection (b), 
for any prevailing miner the court shall take affirmative 
action to further the purposes of the Act, which may in-
clude reinstatement with backpay and compensatory dam-
ages. Reasonable attorneys’ fees and costs shall be award-
ed to any prevailing miner under this section. 
‘‘(d) PRE-DISPUTE WAIVER PROHIBITED.—A min-
er’s right to a cause of action under this section may not 
be waived with respect to disputes that have not arisen 
as of the time of the waiver. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
be construed to limit the availability of rights and rem-
edies of miners under any other State or Federal law or 
a collective bargaining agreement.’’. 
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TITLE 
V—MODERNIZING 
HEALTH AND SAFETY STAND-
ARDS 
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 
Section 303(d) (30 U.S.C. 863(d)) is amended by 
adding at the end the following: 
‘‘(3)(A) Not later than 30 days after the issuance of 
the interim final rules promulgated under subparagraph 
(B), each operator of an underground coal mine shall im-
plement a communication program at the underground 
coal mine to ensure that each miner is orally briefed on 
and made aware of, prior to traveling to or arriving at 
the miner’s work area and commencing the miner’s as-
signed tasks— 
‘‘(i) any conditions that are hazardous, or that 
violate a mandatory health or safety standard or a 
plan approved under this Act, where the miner is ex-
pected to work or travel; and 
‘‘(ii) the general conditions of that miner’s as-
signed working section or other area where the 
miner is expected to work or travel. 
‘‘(B) Not later than 180 days after the date of enact-
ment of the Robert C. Byrd Mine Safety Protection Act 
of 2011, the Secretary shall promulgate interim final rules 
implementing the requirements of subparagraph (A). The 
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Secretary shall issue a final rule not later than 2 years 
after such date.’’. 
SEC. 502. ROCK DUST STANDARDS. 
(a) STANDARDS.—Section 304(d) (30 U.S.C. 864(d)) 
is amended— 
(1) by striking ‘‘Where rock’’ and inserting the 
following: ‘‘ROCK DUST.— 
‘‘(1) IN GENERAL.—Where rock’’; 
(2) by striking ‘‘65 per centum’’ and all that 
follows and inserting ‘‘80 percent. Where methane is 
present in any ventilating current, the percentage of 
incombustible content of such combined dusts shall 
be increased 0.4 percent for each 0.1 percent of 
methane.’’; and 
(3) by adding at the end the following: 
‘‘(2) METHODS OF MEASUREMENT.— 
‘‘(A) IN GENERAL.—Each operator of an 
underground coal mine shall take accurate and 
representative samples which shall measure the 
total incombustible content of combined coal 
dust, rock dust, and other dust in such mine to 
ensure that the coal dust is kept below explosive 
levels through the appropriate application of 
rock dust. 
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‘‘(B) DIRECT
READING
MONITORS.—By 
the later of June 15, 2011, or the date that is 
30 days after the Secretary of Health and 
Human Services has certified in writing that di-
rect reading monitors are commercially avail-
able to measure total incombustible content in 
samples of combined coal dust, rock dust, and 
other dust and the Department of Labor has 
approved such monitors for use in underground 
coal mines, the Secretary shall require opera-
tors to take such dust samples using direct 
reading monitors. 
‘‘(C) REGULATIONS.—The Secretary shall, 
not later than 180 days after the date of enact-
ment of the Robert C. Byrd Mine Safety Pro-
tection Act of 2011, promulgate an interim 
final rule that prescribes methods for operator 
sampling of total incombustible content in sam-
ples of combined coal dust, rock dust, and other 
dust using direct reading monitors and includes 
requirements for locations, methods, and inter-
vals for mandatory operator sampling. 
‘‘(D) RECOMMENDATIONS.—Not later than 
1 year after the date of enactment of the Rob-
ert C. Byrd Mine Safety Protection Act of 
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be assessed and collected in amounts determined by 
the Secretary as necessary to fund the certification 
programs established under this section. 
‘‘(2) USE.—Amounts collected as provided in 
paragraph (1) shall only be available to the Sec-
retary, as provided in paragraph (3), for making ex-
penditures to carry out the certification programs 
established under this subsection. 
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to funds authorized to be appropriated 
under section 114, there is authorized to be appro-
priated to the Secretary for each fiscal year in which 
fees are collected under paragraph (1) an amount 
equal to the total amount of fees collected under 
paragraph (1) during that fiscal year. Such amounts 
are authorized to remain available until expended. If 
on the first day of a fiscal year a regular appropria-
tion to the Administration has not been enacted, the 
Administration shall continue to collect fees (as off-
setting collections) under this subsection at the rate 
in effect during the preceding fiscal year, until 5 
days after the date such regular appropriation is en-
acted. 
‘‘(4) COLLECTING AND CREDITING OF FEES.— 
Fees authorized and collected under this subsection 
VerDate Mar 15 2010 
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