(b) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall prepare 
and submit to the Committee on Education and the Work-
force of the House of Representatives, and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
a report detailing the findings of the research under this 
section. Such report shall include a description of the ac-
tions, if any, that the Secretary intends to take based upon 
the report, including proposing regulatory changes, and 
the reasons for such actions. 
SEC. 11. SUBSTANCE ABUSE TESTING. 
Title II of the Federal Mine Safety and Health Act 
of 1977 is amended by adding at the end the following 
new section: 
‘‘SEC. 207. SUBSTANCE ABUSE TESTING. 
‘‘(a) Within 180 days following the enactment of this 
Act, the Secretary shall promulgate regulations pursuant 
to section 101(a) to require the operator of each mine to 
institute a program to conduct mandatory, random sub-
stance abuse testing of mine employees. Such regulations 
shall be no less restrictive than regulations issued by other 
Federal and States agencies which impose mandatory sub-
stance abuse testing and shall include provisions providing 
for— 
VerDate Aug 31 2005 
20:55 Jun 06, 2006
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5481.IH
H5481
cchase on PROD1PC60 with BILLS
‘‘(1) mandatary substance abuse testing proce-
dures; 
‘‘(2) a process for the random selection of those 
employees to be tested; 
‘‘(3) the protection of individuals’ rights and 
privacy; 
‘‘(4) the establishment of an Employee Assist-
ance Program; and 
‘‘(5) for purposes of subsection (b), a process 
for mine operators to notify the Administration of 
the names of individuals who test positive for sub-
stance abuse. 
‘‘(b) Within 180 days following the enactment of this 
Act, the Secretary shall promulgate regulations creating 
a registry of those found to have tested positive for sub-
stance abuse for the sole purpose of sharing, on a con-
fidential basis, with State authorities responsible for 
issuance of licenses, certification, permits, or other docu-
ments required to seek employment in the mining indus-
try.’’. 
SEC. 12. SUBPOENA AUTHORITY. 
Section 103(a) is amended— 
(1) by adding ‘‘, ENFORCEMENT
OF SUB-
POENA’’ to the subsection heading; and 
VerDate Aug 31 2005 
20:55 Jun 06, 2006
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5481.IH
H5481
cchase on PROD1PC60 with BILLS
(2) by inserting ‘‘(1)’’ at the beginning of the 
subsection and inserting at the end: 
‘‘(2) In making inspections and investigations 
under this chapter the Secretary may require the at-
tendance and testimony of witnesses and the produc-
tion of evidence under oath. Witnesses shall be paid 
the same fees and mileage that are paid witnesses 
in the courts of the United States. In case of a con-
tumacy, failure, or refusal of any person to obey 
such an order, any district court of the United 
States or the United States courts of any territory 
or possession, within the jurisdiction of which such 
person is found, or resides or transacts business, 
upon the application by the Secretary, shall have ju-
risdiction to issue to such person an order requiring 
such person to appear to produce evidence if, as, and 
when so ordered, and to give testimony relating to 
the matter under investigation or in question, and 
any failure to obey such order of the court may be 
punished by said court as a contempt thereof.’’. 
SEC. 13. AUTHORIZATION OF BELT AIR COURSE VENTILA-
TION. 
Section 303(y) is amended by striking all and replac-
ing with the following: ‘‘A mine operator may use air from 
a belt air course to ventilate a working section or an area 
VerDate Aug 31 2005 
20:55 Jun 06, 2006
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5481.IH
H5481
cchase on PROD1PC60 with BILLS
where mechanized mining equipment is being installed or 
removed, provided that such use is in compliance with the 
requirements of section 75.350 of title 30, Code of Federal 
Regulations, as in effect on the date of enactment of this 
Act.’’. 
SEC. 14. SCHOLARSHIPS. 
Title V of the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 951 et seq.), as amended by section 
11, is further amended by adding at the end the following: 
‘‘SEC. 515. SCHOLARSHIPS. 
‘‘(a) ESTABLISHMENT.—The Secretary of Education 
(referred to in this section as the ‘Secretary’), in consulta-
tion with the Secretary of Labor and the Secretary of 
Health and Human Services, shall establish a program to 
provide scholarships to eligible individuals to increase the 
skilled workforce for both private sector mine operators 
and mine safety inspectors and other regulatory personnel 
for the Mine Safety and Health Administration. 
‘‘(b) FUNDAMENTAL SKILLS SCHOLARSHIPS.— 
‘‘(1) IN GENERAL.—Under the program under 
subsection (a), the Secretary may award scholarship 
to fully or partially pay the tuition costs of eligible 
individuals enrolled in 2-year associate’s degree pro-
grams at community colleges or other colleges and 
universities that focus on providing the fundamental 
VerDate Aug 31 2005 
20:55 Jun 06, 2006
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5481.IH
H5481
cchase on PROD1PC60 with BILLS
skills and training that is of immediate use to a be-
ginning miner. 
‘‘(2) SKILLS.—The skills described in para-
graph (1) shall include basic math, basic health and 
safety, business principles, management and super-
visory skills, skills related to electric circuitry, skills 
related to heavy equipment operations, and skills re-
lated to communications. 
‘‘(3) ELIGIBILITY.—To be eligible to receive a 
scholarship under this subsection an individual 
shall— 
‘‘(A) have a high school diploma or a 
GED; 
‘‘(B) have at least 2 years experience in 
full-time employment in mining or mining-re-
lated activities; 
‘‘(C) submit to the Secretary an applica-
tion at such time, in such manner, and con-
taining such information; and 
‘‘(D) demonstrate an interest in working in 
the field of mining and performing an intern-
ship with the Mine Safety and Health Adminis-
tration or the National Institute for Occupa-
tional Safety and Health Office of Mine Safety. 
‘‘(c) MINE SAFETY INSPECTOR SCHOLARSHIPS.— 
VerDate Aug 31 2005 
20:55 Jun 06, 2006
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5481.IH
H5481
cchase on PROD1PC60 with BILLS