563 
HR 1105 PCS 
tional average rate as such rates are most recently pub-
lished by the Secretary, acting through the Bureau of 
Labor Statistics, in accordance with section 24 of the Act, 
except— 
(1) to provide, as authorized by the Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies; 
(2) to conduct an inspection or investigation in 
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and 
to assess a penalty for violations which are not cor-
rected within a reasonable abatement period and for 
any willful violations found; 
(3) to take any action authorized by the Act 
with respect to imminent dangers; 
(4) to take any action authorized by the Act 
with respect to health hazards; 
(5) to take any action authorized by the Act 
with respect to a report of an employment accident 
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees, 
and to take any action pursuant to such investiga-
tion authorized by the Act; and 
VerDate Nov 24 2008 
21:30 Feb 26, 2009
Jkt 059200
PO 00000
Frm 00563
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.PCS
H1105
pwalker on PROD1PC71 with BILLS
564 
HR 1105 PCS 
(6) to take any action authorized by the Act 
with respect to complaints of discrimination against 
employees for exercising rights under the Act: 
Provided further, That the foregoing proviso shall not 
apply to any person who is engaged in a farming operation 
which does not maintain a temporary labor camp and em-
ploys 10 or fewer employees: Provided further, That 
$10,000,000 shall be available for Susan Harwood train-
ing grants, of which $3,144,000 shall be used for the In-
stitutional Competency Building training grants awarded 
in February 2008, provided that a grantee has dem-
onstrated satisfactory performance: Provided further, That 
such grants shall be awarded not later than 30 days after 
the date of enactment of this Act. 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Mine Safety and 
Health Administration, $347,003,000, including purchase 
and bestowal of certificates and trophies in connection 
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles, including up to $2,000,000 for 
mine rescue and recovery activities, and $1,808,000 to 
continue the project with the United Mine Workers of 
America, for classroom and simulated rescue training for 
mine rescue teams; in addition, not to exceed $750,000 
VerDate Nov 24 2008 
21:30 Feb 26, 2009
Jkt 059200
PO 00000
Frm 00564
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.PCS
H1105
pwalker on PROD1PC71 with BILLS
565 
HR 1105 PCS 
may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training 
materials, otherwise authorized by law to be collected, to 
be available for mine safety and health education and 
training activities, notwithstanding 31 U.S.C. 3302; and, 
in addition, the Mine Safety and Health Administration 
may retain up to $1,000,000 from fees collected for the 
approval and certification of equipment, materials, and ex-
plosives for use in mines, and may utilize such sums for 
such activities; the Secretary of Labor is authorized to ac-
cept lands, buildings, equipment, and other contributions 
from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or pri-
vate; the Mine Safety and Health Administration is au-
thorized to promote health and safety education and train-
ing in the mining community through cooperative pro-
grams with States, industry, and safety associations; the 
Secretary is authorized to recognize the Joseph A. Holmes 
Safety Association as a principal safety association and, 
notwithstanding any other provision of law, may provide 
funds and, with or without reimbursement, personnel, in-
cluding service of Mine Safety and Health Administration 
officials as officers in local chapters or in the national or-
ganization; and any funds available to the Department of 
Labor may be used, with the approval of the Secretary, 
VerDate Nov 24 2008 
21:30 Feb 26, 2009
Jkt 059200
PO 00000
Frm 00565
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.PCS
H1105
pwalker on PROD1PC71 with BILLS