I 
109TH CONGRESS 
2D SESSION 
H. R. 5481 
To amend the Federal Mine Safety and Health Act of 1977 to improve 
the safety of mines and mining. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2006 
Mr. NORWOOD 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 mines and mining. 
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 ‘‘Modernizing and Im-
proving the National Emergency Response System for 
Mining Act’’ or the ‘‘MINERS for Mining Act’’. 
SEC. 2. EMERGENCY RESPONSE. 
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 striking ‘‘Telephone’’ and inserting ‘‘(a) 
IN GENERAL.—Telephone’’; and 
(3) by adding at the end the following: 
‘‘(b) ACCIDENT PREPAREDNESS AND RESPONSE.— 
‘‘(1) IN
GENERAL.—Each underground coal 
mine operator shall carry out on a continuing basis 
a program to improve accident preparedness and re-
sponse at each mine. 
‘‘(2) RESPONSE AND PREPAREDNESS PLAN.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of enactment of this Act, 
each underground coal mine operator shall de-
velop and adopt a written accident response 
plan that complies with this subsection with re-
spect to each mine of the operator, and periodi-
cally update such plans to reflect changes in op-
erations in the mine, advances in technology, or 
other relevant considerations. Each such oper-
ator shall make the accident response plan 
available to the miners and the miners’ rep-
resentatives. 
‘‘(B) PLAN REQUIREMENTS.—An accident 
response plan under subparagraph (A) shall— 
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‘‘(i) provide for the evacuation of all 
individuals endangered by an emergency; 
and 
‘‘(ii) provide for the maintenance of 
individuals trapped underground in the 
event that miners are not able to evacuate 
the mine. 
‘‘(C) PLAN APPROVAL.—The accident re-
sponse plan under subparagraph (A) shall be 
subject to review and approval by the Secretary. 
Approved plans shall— 
‘‘(i) afford miners a level of safety 
protection at least consistent with existing 
standards, including standards mandated 
by law and regulation; 
‘‘(ii) reflect the most recent credible 
scientific research; 
‘‘(iii) be technologically feasible, make 
use of current commercially available tech-
nology, and account for the specific phys-
ical characteristics of the mine; and 
‘‘(iv) reflect the improvements in mine 
safety gained from experience under this 
Act and other worker safety and health 
laws. 
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‘‘(D) PLAN
REVIEW.—The accident re-
sponse plan under subparagraph (A) shall be 
reviewed periodically, but at least every 6 
months, by the Secretary. In such periodic re-
views, the Secretary shall consider intervening 
advancements in science and technology that 
could be implemented to enhance miners’ ability 
to evacuate or otherwise survive in an emer-
gency. 
‘‘(E) PLAN CONTENT-GENERAL REQUIRE-
MENTS.—To be approved under subparagraph 
(C), an accident response plan shall include the 
following: 
‘‘(i) 
POST-ACCIDENT
COMMUNICA-
TIONS.—The plan shall provide for a re-
dundant means of communication with the 
surface for persons underground, such as 
secondary telephone or equivalent two-way 
communication. 
‘‘(ii) 
POST-ACCIDENT
TRACKING.— 
Consistent with commercially available 
technology and with the physical con-
straints, if any, of the mine, the plan shall 
provide for above ground personnel to de-
termine the current, or immediately pre-ac-
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cident, location of all underground per-
sonnel. Any system so utilized shall be 
functional, reliable, and calculated to re-
main serviceable in a post-accident setting. 
‘‘(iii) POST-ACCIDENT
BREATHABLE 
AIR.—The plan shall provide for— 
‘‘(I) 
emergency 
supplies 
of 
breathable air for individuals trapped 
underground sufficient to maintain 
such individuals for a sustained period 
of time; 
‘‘(II) in addition to the 2 hours 
of breathable air per miner required 
by law under the emergency tem-
porary standard as of the day before 
the date of enactment of the Modern-
izing and Improving the National 
Emergency Response System for Min-
ing Act, caches of self-rescuers pro-
viding in the aggregate not less than 
2 hours per miner to be kept in 
escapeways from the deepest work 
area to the surface at a distance of no 
further than an average miner could 
walk in 30 minutes; 
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‘‘(III) a maintenance schedule for 
checking the reliability of self res-
cuers, retiring older self-rescuers first, 
and introducing new self-rescuer tech-
nology, such as units with inter-
changeable air or oxygen cylinders not 
requiring doffing to replenish airflow 
and units with supplies of greater 
than 60 minutes, as they are approved 
by the Administration and become 
available on the market; and 
‘‘(IV) training for each miner in 
proper procedures for donning self- 
rescuers, switching from one unit to 
another, and ensuring a proper fit. 
‘‘(iv) POST-ACCIDENT
LIFELINES.— 
The plan shall provide for the use of 
flame-resistant 
directional 
lifelines 
or 
equivalent systems in escapeways to enable 
evacuation. The flame-resistance require-
ment of this clause shall apply upon the re-
placement of existing lifelines, or, in the 
case of lifelines in working sections, upon 
the earlier of the replacement of such life-
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lines or 3 years after the date of enact-
ment of this Act. 
‘‘(v) TRAINING.—The plan shall pro-
vide a training program for emergency pro-
cedures described in the plan which will 
not diminish the requirements for manda-
tory health and safety training currently 
required under section 115. 
‘‘(vi) 
LOCAL
COORDINATION.—The 
plan shall set out procedures for coordina-
tion and communication between the oper-
ator, mine rescue teams, and local emer-
gency response personnel and make provi-
sions for familiarizing local rescue per-
sonnel with surface functions that may be 
required in the course of mine rescue work. 
‘‘(F) PLAN
CONTENT-SPECIFIC
REQUIRE-
MENTS.— 
‘‘(i) IN GENERAL.—In addition to the 
content requirements contained in subpara-
graph (E), and subject to the consider-
ations contained in subparagraph (C), the 
Secretary may make additional plan re-
quirements with respect to any of the con-
tent matters. 
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‘‘(ii) POST
ACCIDENT
COMMUNICA-
TIONS.—Not later than 3 years after the 
date of enactment of the Modernizing and 
Improving the National Emergency Re-
sponse System for Mining Act, a plan 
shall, to be approved, provide for post acci-
dent communication between underground 
and surface personnel via a wireless two- 
way medium, and provide for an electronic 
tracking system permitting surface per-
sonnel to determine the location of any 
persons trapped underground or set forth 
within the plan the reasons such provisions 
can not be adopted. Where such plan sets 
forth the reasons such provisions can not 
be adopted, the plan shall also set forth 
the operator’s alternative means of compli-
ance. Such alternative shall approximate, 
as closely as possible, the degree of func-
tional utility and safety protection provided 
by the wireless two-way medium and track-
ing system referred to in this subpart. 
‘‘(G) PLAN DISPUTE RESOLUTION.— 
‘‘(i) IN
GENERAL.—Any dispute be-
tween the Secretary and an operator with 
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respect to the content of the operator’s 
plan or any refusal by the Secretary to ap-
prove such a plan shall be resolved on an 
expedited basis. 
‘‘(ii) DISPUTES.—In the event of a 
dispute or refusal described in clause (i), 
the Secretary shall issue a citation which 
shall be immediately referred to a Commis-
sion 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 Ad-
ministrative Law Judge shall render his or 
her decision with respect to the plan con-
tent dispute within 15 days of the receipt 
of the submission. 
‘‘(iii) FURTHER
APPEALS.—A party 
adversely affected by a decision under 
clause (ii) may pursue all further available 
appeal rights with respect to the citation 
involved, except that inclusion of the dis-
puted provision in the plan will not be lim-
ited by such appeal unless such relief is re-
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quested by the operator and permitted by 
the Administrative Law Judge. 
‘‘(H) MAINTAINING
PROTECTIONS
FOR 
MINERS.—Notwithstanding any other provision 
of this Act, nothing in this section, and no re-
sponse and preparedness plan developed under 
this section, shall be approved if it reduces the 
protection afforded miners by an existing man-
datory 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: 
‘‘SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RES-
CUE OPERATIONS. 
‘‘(a) IN GENERAL.—No person shall bring an action 
against any covered individual or his or her regular em-
ployer for property damage or an injury (or death) sus-
tained as a result of carrying out activities relating to 
mine accident rescue or recovery operations. This sub-
section shall not apply where the action that is alleged to 
result in the property damages or injury (or death) was 
the result of gross negligence, reckless conduct, or a willful 
violation of law or, where the regular employer (as such 
term is used in this Act) is the operator of the mine at 
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which the rescue activity takes place. Nothing in this sec-
tion shall be construed to preempt State workers’ com-
pensation laws. 
‘‘(b) COVERED INDIVIDUAL.—For purposes of sub-
section (a), the term ‘covered individual’ means an indi-
vidual— 
‘‘(1) who is a member 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 operations. 
‘‘(c) REGULAR EMPLOYER.—For purposes of sub-
section (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 Act of 1977 (30 U.S.C. 825(e)) is amended— 
(1) by inserting ‘‘(1)’’ after the subsection des-
ignation; and 
(2) by adding at the end the following: 
‘‘(2)(A) 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 this Act. 
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‘‘(B) Such regulations shall provide for the following: 
‘‘(i) That such regulations shall not be con-
strued to waive operator training requirements appli-
cable to existing mine rescue teams. 
‘‘(ii) 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. 
‘‘(iii)(I) That the operator of each underground 
coal mine with more than 36 employees— 
‘‘(aa) have an employee knowledgeable in 
mine emergency response who is employed at 
the mine on each shift at each underground 
mine; and 
‘‘(bb) make available two certified mine 
rescue teams whose members— 
‘‘(AA) are familiar with the operations 
of such coal mine; 
‘‘(BB) participate at least annually in 
mine rescue training at the underground 
coal mine covered by the mine rescue team; 
and 
‘‘(CC) are available at the mine within 
one hour ground travel time from the mine 
rescue station. 
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‘‘(II)(aa) For the purpose of complying with 
subclause (I), an operator shall employ one team 
that is either an individual mine site mine rescue 
team or a composite team as provided for in item 
(bb)(BB). 
‘‘(bb) The following options may be used by an 
operator to comply with the requirements of item 
(aa): 
‘‘(AA) An individual mine-site mine rescue 
team. 
‘‘(BB) 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— 
‘‘(aaa) which provides coverage for 
multiple operators that have team mem-
bers which include at least two active em-
ployees from each of the covered mines; 
‘‘(bbb) which provides coverage for 
multiple mines owned by the same operator 
which members include at least two active 
employees from each mine; or 
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‘‘(ccc) which is a State-sponsored 
mine rescue team comprised of at least two 
active employees from each of the covered 
mines. 
‘‘(CC) A commercial mine rescue team pro-
vided by contract through a third-party vendor 
or mine rescue team provided by another coal 
company, if such team— 
‘‘(aaa) trains on a quarterly basis at 
covered underground coal mines; 
‘‘(bbb) is knowledgeable about the op-
erations and ventilation of the covered 
mines; and 
‘‘(ccc) is comprised of individuals with 
a minimum of 3 years underground coal 
mine experience that shall have occurred 
within the 10-year period preceding their 
employment on the contract mine rescue 
team. 
‘‘(DD) A State-sponsored team made up of 
State employees. 
‘‘(iv) That the operator of each underground 
coal mine with 36 or less employees shall— 
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‘‘(I) have an employee on each shift who is 
knowledgeable in mine emergency responses; 
and 
‘‘(II) make available two certified mine res-
cue teams whose members— 
‘‘(aa) are familiar with the operations 
of such coal mine; 
‘‘(bb) participate at least semi-annu-
ally in mine rescue training at the under-
ground coal mine covered by the mine res-
cue team; 
‘‘(cc) are available at the mine within 
one hour ground travel time from the mine 
rescue station; 
‘‘(dd) are knowledgeable about the op-
erations and ventilation of the covered 
mines; and 
‘‘(ee) are comprised 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.’’. 
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SEC. 5. PROMPT INCIDENT NOTIFICATION. 
(a) IN GENERAL.—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 fol-
lowing: ‘‘For purposes of the preceding sentence, the noti-
fication required shall be provided 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 rea-
sonable potential to cause death, has occurred.’’. 
(b) PENALTY.—Section 110(a) of the Federal Mine 
Safety and Health Act of 1977 (30 U.S.C. 820(a)) is 
amended— 
(1) by striking ‘‘The operator’’ and inserting 
‘‘(1) The operator’’; and 
(2) by adding at the end the following: 
‘‘(2) The operator of a coal or other mine who fails 
to provide timely notification to the Secretary as required 
under section 103(j) (relating to the 15 minute require-
ment) shall be assessed a civil penalty by the Secretary 
of not less than $5,000 and not more than $60,000.’’. 
SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 
AND HEALTH. 
(a) RESEARCH AND DEVELOPMENT.— 
(1) IN GENERAL.—For purposes of improving 
the safety and health of miners, the National Insti-
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tute for Occupational Safety and Health is author-
ized to conduct research in and development of tech-
nology relating to— 
(A) the improvement of post-disaster mine 
operations, including an analysis of and rec-
ommendations for future practices relating to 
electrical devices and the hardening of mine 
monitoring and communications systems; 
(B) the improvement of mine rescue team 
operations, including communications among 
mine operators, miners, and mine rescue teams, 
and the use of robotic technology; 
(C) the development and installation of im-
proved emergency and routine miner tracking 
systems, including recommended standards for 
wireless communications in underground mines; 
(D) the development and improvement of 
self-contained self-rescuers, including docking 
and hybrid capabilities; 
(E) the development of performance stand-
ards, location strategies, and application guide-
lines for coal mine rescue chambers; and 
(F) the development and demonstration of 
a rapidly deployable seismic location system to 
assist in the location of trapped miners, and an 
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analysis of alternative tracking and location 
systems 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
are 
authorized 
to 
be 
appropriated 
$14,000,000 for the purpose of carrying out this 
subsection. 
(b) OFFICE OF MINE SAFETY AND HEALTH.—Sec-
tion 22 of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 671) is amended by adding at the end the fol-
lowing: 
‘‘(h) OFFICE OF MINE SAFETY AND HEALTH.— 
‘‘(1) IN GENERAL.—There shall be permanently 
established within the Institute an Office of Mine 
Safety and Health which shall be administered by an 
Associate Director to be appointed by the Director. 
‘‘(2) PURPOSE.—The purpose of the Office is to 
enhance the development of new mine safety tech-
nology and technological applications and to expedite 
the commercial availability and implementation of 
such technology in mining environments. 
‘‘(3) FUNCTIONS.—In addition to all purposes 
and authorities provided for under this section, the 
Office of Mine Safety and Health shall be respon-
sible for research, development, and testing of new 
technologies and equipment designed to enhance 
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mine safety and health. To carry out such functions 
the Director of the Institute, acting through the Of-
fice, shall have the authority to— 
‘‘(A) award competitive grants to institu-
tions and private entities to encourage the de-
velopment and manufacture of mine safety 
equipment; 
‘‘(B) award contracts to educational insti-
tutions or private laboratories for the perform-
ance of product testing or related work with re-
spect to new mine technology and equipment; 
and 
‘‘(C) establish an interagency working 
group as provided for in paragraph (5). 
‘‘(4) GRANT AUTHORITY.—To be eligible to re-
ceive a grant under the authority provided for under 
paragraph (3)(A), an entity or institution shall— 
‘‘(A) submit to the Director of the Insti-
tute an application at such time, in such man-
ner, and containing such information as the Di-
rector may require; and 
‘‘(B) include in the application under sub-
paragraph (A), a description of the mine safety 
equipment to be developed and manufactured 
under the grant and a description of the rea-
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sons that such equipment would otherwise not 
be developed or manufactured, including rea-
sons relating to the limited potential commer-
cial market for such equipment. 
‘‘(5) INTERAGENCY WORKING GROUP.— 
‘‘(A) ESTABLISHMENT.—The Director of 
the Institute, in carrying out paragraph (3)(C) 
shall establish an interagency working group to 
share technology and technological research and 
developments that could be utilized to enhance 
mine safety and accident response. 
‘‘(B) MEMBERSHIP.—The working group 
under subparagraph (A) shall be chaired by the 
Associate Director of the Office who shall ap-
point the members of the working group, which 
may include representatives of other Federal 
agencies or departments as determined appro-
priate by the Associate Director. 
‘‘(C) DUTIES.—The working group under 
subparagraph (A) shall conduct an evaluation 
of research conducted by, and the technological 
developments of, agencies and departments who 
are represented on the working group that may 
have applicability to mine safety and accident 
response and make recommendations to the Di-
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rector for the further development and eventual 
implementation of such technology. 
‘‘(6) ANNUAL REPORT.—Not later than 1 year 
after the establishment of the Office under this sub-
section, and annually thereafter, 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 re-
spect to the year involved, describes the new mine 
safety technologies and equipment that have been 
studied, tested, and certified for use, and with re-
spect to those instances of technologies and equip-
ment that have been considered but not yet certified 
for use, the reasons therefore. 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
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 
subsection.’’. 
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 
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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, that the 
Mine Safety and Health Administration shall serve 
as the primary communicator with the operator, 
miners’ families, the press and the public. 
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 at the end of the subsection: 
‘‘The Secretary may prescribe procedures for 
the issuance of a notice in lieu of a citation 
with respect to de minimis violations which have 
no direct or immediate relationship to safety or 
health.’’; and 
(B) by adding at the end the following: 
‘‘(2) Any operator who willfully violates a mandatory 
health or safety standard, or knowingly violates or fails 
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or refuses to comply with any order issued under section 
104 and section 107, or any order incorporated in a final 
decision issued under this title, except an order incor-
porated 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. 
‘‘(3)(A) The minimum penalty for any citation or 
order issued under section 104(d)(1) shall be $2,000. 
‘‘(B) The minimum penalty for any order issued 
under section 104(d)(2) shall be $4,000. 
‘‘(4) 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-
view, sustains the order, the court shall apply at least the 
minimum penalties required under this subsection.’’; and 
(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 
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preceding sentence, the term ‘flagrant’ with respect 
to a violation means a reckless or 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 injury.’’. 
(b) REGULATIONS.—Not later than December 30, 
2006, the Secretary of Labor shall promulgate final regu-
lations with respect to penalties. 
SEC. 9. FINE COLLECTIONS. 
Section 108(a)(1)(A) of the Federal Mine Safety and 
Health 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. ABANDONED MINE AREAS SEAL STUDY. 
(a) IN GENERAL.—The Secretary of Labor shall pro-
vide for the conduct of research, including field tests, con-
cerning the sealing of abandoned mine areas, including the 
materials used in the construction of these seals, the prac-
ticality of inertization prior to sealing, and the use of pro-
fessional engineers in the design of the seals. 
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