more than $1,000,000. All operators of the mine, in-
cluding any corporate owners, shall be jointly and 
severally liable for such penalty. The amount of the 
assessment under this paragraph shall be designed 
to ensure a change in the future conduct of the op-
erators and corporate owners of such mine with re-
spect to mine safety and health, given the overall re-
sources of such operators. Notwithstanding sub-
section (k) or section 113, a penalty assessed by the 
Secretary under this paragraph may not be reduced 
by the Commission. 
‘‘(2) WITHDRAWAL OF WORKERS.—In addition 
to the authority to withdraw miners from an area of 
a coal or other mine pursuant to section 104(e), the 
Secretary shall withdraw all miners from the entire 
mine when any pattern of violations has been deter-
mined to exist until such time as the Secretary cer-
tifies that all identified violations have been cor-
rected and the operator has agreed to abide by a 
written plan approved by the Mine Safety and 
Health Administration to ensure that such a pattern 
of conduct will not recur.’’. 
(b) FAILURE TO TIMELY PAY PENALTY ASSESS-
MENTS.—Section 105(a) of the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 815(a)) is amended by 
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striking the third sentence and inserting the following: 
‘‘The operator has 30 days from the receipt of the notifica-
tion of a citation issued by the Secretary, to notify the 
Secretary that the operator intends to contest the citation 
or proposed assessment of a penalty and to place in escrow 
the amount of the proposed assessment. If notification and 
proof of escrow is not provided to the Secretary, the cita-
tion and the proposed assessment of penalty shall be 
deemed a final order of the Commission and not subject 
to review by any court or agency. It shall be a felony for 
any mine operator, including a corporate owner, of a coal 
or other mine to fail to timely pay any penalties assessed 
under this Act for which payment has been demanded. 
Such felony shall be punishable, for each operator, by a 
fine of not less than $50,000 or by imprisonment for 1 
year.’’. 
(c) MAXIMUM AND MINIMUM PENALTIES.—Section 
110(a) of the Federal Mine Safety and Health Act of 1977 
(30 U.S.C. 820(a)) is amended by striking ‘‘more than 
$50,000 for each such violation.’’ and inserting ‘‘less than 
$500 or more than $250,000 for each such violation, ex-
cept that, in the case of a violation of a mandatory health 
or safety standard that could significantly and substan-
tially contribute to the cause and effect of a coal or other 
mine health or safety hazard, the penalty shall not be less 
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than $1,000 or more than $500,000, for each such viola-
tion.’’. 
(d) PENALTY FOR LATE ACCIDENT NOTIFICATION.— 
Section 110 of the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 820) is further amended by inserting 
after subsection (i) (as inserted by subsection (a)(2)(B)) 
the following: 
‘‘(j) Any operator who fails to provide timely notifica-
tion of an accident as required under section 5(d)(1) of 
the Protecting America’s Miners Act shall be subject to 
a civil penalty of not more than $100,000 and not less 
than $60,000.’’. 
(e) FACTORS
IN ASSESSING PENALTIES.—Section 
110(k) of the Federal Mine Safety and Health Act of 1977 
(30 U.S.C. 820(k)) (as redesignated by subsection 
(a)(2)(A)) is amended by striking ‘‘the appropriateness’’ 
and all that follows through ‘‘the gravity’’ and inserting 
‘‘whether the operator was negligent, the gravity’’. 
SEC. 8. ENHANCING THE WILLINGNESS OF MINERS AND 
OTHERS TO REPORT SERIOUS PROBLEMS BE-
FORE ACCIDENTS OCCUR. 
(a) ESTABLISHMENT
OF MINER OMBUDSMAN.— 
There shall be established, within the Office of the Inspec-
tor General of the Department of Labor, the position of 
Miner Ombudsman. The President, by and with the advice 
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and consent of the Senate, shall appoint an individual with 
expertise in mine safety and health to serve as the Miner 
Ombudsman. 
(b) DUTIES.—The Miner Ombudsman shall— 
(1) be responsible for establishing practices to 
ensure the confidentiality of the identity of miners, 
and the families or personal representatives of the 
miners, who contact mine operators, authorized rep-
resentatives of the miners, the Mine Safety and 
Health Administration, the Department of Labor, or 
others with information about mining conditions 
that may threaten, or have recently threatened as of 
the time of the contact, miner safety or health, while 
ensuring that the Mine Safety and Health Adminis-
tration has the information needed to promptly in-
vestigate such complaints; 
(2) establish a toll-free telephone number and 
appropriate Internet website to permit individuals to 
confidentially report possible mine mandatory health 
or safety standard violations or concerns; 
(3) collect and forward information concerning 
possible mine safety or health violations or concerns 
to the appropriate officials of the Mine Safety and 
Health Administration for investigation; 
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(4) monitor the Secretary of Labor’s efforts to 
protect miners who report that their rights under 
section 105(c) of the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 815(c)) have been 
violated, and report to the Congress any rec-
ommendations that would enhance such rights or 
protections; and 
(5) carry out public outreach and other activi-
ties to facilitate the transmission, to the Secretary of 
Labor, of information that could avoid help avoid 
mine accidents. 
SEC. 9. ENHANCING SPECIFIC PROTECTIONS FOR UNDER-
GROUND COAL MINES. 
(a) SPECIAL RULEMAKING.—Section 101 of the Fed-
eral Mine Safety and Health Act of 1977 (30 U.S.C. 811) 
is further amended by adding at the end the following: 
‘‘(g) SPECIAL RULEMAKING PROCEDURE FOR CER-
TAIN SAFETY STANDARDS.— 
‘‘(1) CONVEYOR BELTS.— 
‘‘(A) RULEMAKING AND INTERIM STAND-
ARDS.—Not later than 30 days after the date 
of enactment of the Protecting America’s Min-
ers Act, the Secretary shall initiate rulemaking 
activity to develop mandatory safety standards 
that implement the recommendations of the Na-
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