arbitrary, capricious, an abuse of discretion, or otherwise 
not in accordance with law.’’. 
TITLE III—PENALTIES 
SEC. 301. CIVIL PENALTIES. 
(a) MAXIMUM CIVIL PENALTIES.—Section 110(a)(1) 
(30 U.S.C. 820(a)(1)) is amended— 
(1) by inserting ‘‘including any regulation pro-
mulgated under this Act,’’ after ‘‘this Act,’’; and 
(2) by striking ‘‘violation.’’ and inserting ‘‘viola-
tion, except that, in the case of a significant and 
substantial violation, the penalty shall be not more 
than $150,000 for each such violation.’’. 
(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 
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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 period beginning after the 
failed performance review following the first performance 
review, 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— 
(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: 
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‘‘(c) CIVIL AND CRIMINAL LIABILITY OF OFFICERS, 
DIRECTORS, AND AGENTS.—Whenever an operator vio-
lates a provision of this Act, including any mandatory 
health or safety standard or regulation promulgated under 
this Act, or knowingly violates or fails or refuses to comply 
with any order issued under this Act or any order incor-
porated in a final decision issued under this Act, any di-
rector, officer, or agent of such operator who knowingly 
authorized, ordered, or carried out such violation, failure, 
or refusal, or any policy or practice that contributed to 
the occurrence of such violation, failure, or refusal, shall 
be subject to the same civil penalties, fines, and imprison-
ment that may be imposed upon a person under this sec-
tion.’’. 
SEC. 303. CRIMINAL PENALTIES. 
(a) INTENT REQUIREMENTS FOR CRIMINAL PEN-
ALTY STANDARDS.—Section 110(d) (30 U.S.C. 820(d)) is 
amended— 
(1) by striking ‘‘willfully’’ and inserting ‘‘know-
ingly’’; 
(2) by striking ‘‘$250,000, or by imprisonment 
for not more than one year’’ and inserting 
‘‘$1,000,000, or by imprisonment for not more than 
5 years’’; and 
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(3) by striking ‘‘$500,000, or by imprisonment 
for not more than five years’’ and inserting 
‘‘$2,000,000, or by imprisonment for not more than 
10 years’’. 
(b) CRIMINAL PENALTY FOR RETALIATION.—Section 
110(d) is further amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Any operator’’; 
and 
(2) by adding at the end the following: 
‘‘(2) Whoever knowingly takes any action that is di-
rectly or indirectly harmful to any person, including action 
that interferes with the lawful employment or livelihood 
of any person, because such person has provided an au-
thorized representative of the Secretary or another law en-
forcement officer with any information related to the exist-
ence of a health or safety violation or an unhealthful or 
unsafe condition, policy, or practice under this Act shall 
be fined under title 18, United States Code, imprisoned 
for not more than 10 years, or both.’’. 
(c) ADVANCE NOTICE OF INSPECTIONS.— 
(1) IN GENERAL.—Section 110(e) (30 U.S.C. 
820(e)) is amended— 
(A) by striking ‘‘Unless’’ and inserting 
‘‘(1) Unless’’; and 
(B) by adding at the end the following: 
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‘‘(2) Unless otherwise authorized by this Act, any op-
erator, agent or contractor of any operator, miner, inspec-
tor, employee of the Administration, or State mine inspec-
tor, that knowingly gives, causes to give, or attempts to 
give or cause to give advance notice of any inspection to 
be conducted under this Act shall be fined under title 18, 
United States Code, 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— 
‘‘(1) that giving, causing to give, or attempting 
to give or cause to give advance notice of any inspec-
tion to be conducted under this Act is unlawful pur-
suant to section 110(e); and 
‘‘(2) the maximum penalties for a violation 
under such subsection.’’. 
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