I 
111TH CONGRESS 
2D SESSION 
H. R. 5663 
To improve compliance with mine and occupational safety and health laws, 
empower workers to raise safety concerns, prevent future mine and 
other workplace tragedies, establish rights of families of victims of work-
place accidents, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2010 
Mr. GEORGE MILLER of California (for himself, Ms. WOOLSEY, Mr. RAHALL, 
Mr. COURTNEY, Mr. MOLLOHAN, Ms. HIRONO, Mr. SESTAK, Mr. AN-
DREWS, Mr. HARE, Ms. SHEA-PORTER, Mr. GRIJALVA, Mr. BISHOP of 
New York, Ms. SUTTON, Ms. CLARKE, Mr. SHULER, Mr. PIERLUISI, Mr. 
KILDEE, and Mr. HOLT) introduced the following bill; which was referred 
to the Committee on Education and Labor 
A BILL 
To improve compliance with mine and occupational safety 
and health laws, empower workers to raise safety con-
cerns, prevent future mine and other workplace trage-
dies, establish rights of families of victims of workplace 
accidents, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Miner Safety and Health Act of 2010’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
TITLE I—ADDITIONAL INSPECTION AND INVESTIGATION 
AUTHORITY 
Sec. 101. Independent accident investigations. 
Sec. 102. Subpoena authority and miner rights during inspections and inves-
tigations. 
Sec. 103. Designation of miner representative. 
Sec. 104. Additional amendments relating to inspections and investigations. 
TITLE II—ENHANCED ENFORCEMENT AUTHORITY 
Sec. 201. Significant and substantial violations. 
Sec. 202. A pattern of recurring noncompliance or accidents. 
Sec. 203. Injunctive authority. 
Sec. 204. Revocation of approval of plans. 
Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other 
mine plan. 
TITLE III—PENALTIES 
Sec. 301. Civil penalties. 
Sec. 302. Civil and criminal liability of officers, directors, and agents. 
Sec. 303. Criminal penalties. 
Sec. 304. Commission review of penalty assessments. 
Sec. 305. Delinquent payments and prejudgment interest. 
TITLE IV—WORKER RIGHTS AND PROTECTIONS 
Sec. 401. Protection from retaliation. 
Sec. 402. Protection from loss of pay. 
Sec. 403. Underground coal miner employment standard. 
TITLE V—MODERNIZING HEALTH AND SAFETY STANDARDS 
Sec. 501. Pre-shift review of mine conditions. 
Sec. 502. Rock dust standards. 
Sec. 503. Atmospheric monitoring systems. 
Sec. 504. Technology related to respirable dust. 
Sec. 505. Refresher training on miner rights and responsibilities. 
Sec. 506. Authority to mandate additional training. 
Sec. 507. Certification of personnel. 
TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 
Sec. 601. Definitions. 
Sec. 602. Assistance to States. 
Sec. 603. Black lung medical reports. 
TITLE VII—AMENDMENTS TO THE OCCUPATIONAL SAFETY AND 
HEALTH ACT 
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Sec. 701. Enhanced protections from retaliation. 
Sec. 702. Victims’ rights. 
Sec. 703. Correction of serious, willful, or repeated violations pending contest 
and procedures for a stay. 
Sec. 704. Conforming amendments. 
Sec. 705. Civil penalties. 
Sec. 706. Criminal penalties. 
Sec. 707. Penalties. 
Sec. 708. Effective date. 
SEC. 2. REFERENCES. 
Except in title VII and as otherwise expressly pro-
vided, whenever in this Act an amendment is expressed 
as an amendment to a section or other provision, the ref-
erence shall be considered to be made to a section or other 
provision of the Federal Mine Safety and Health Act of 
1977 (30 U.S.C. 801 et seq.). 
TITLE I—ADDITIONAL INSPEC-
TION 
AND 
INVESTIGATION 
AUTHORITY 
SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS. 
(a) IN
GENERAL.—Section 103(b) (30 U.S.C. 
813(b)) is amended by striking ‘‘(b) For the purpose’’ and 
inserting the following: 
‘‘(b) ACCIDENT INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—For all accident investiga-
tions under this Act, the Secretary shall— 
‘‘(A) determine why the accident occurred; 
‘‘(B) determine whether there were viola-
tions of law, mandatory health and safety 
standards, or other requirements, and if such 
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violations are found, issue citations and pen-
alties, and in cases involving possible criminal 
actions, refer such matters to the Attorney 
General; and 
‘‘(C) make recommendations to avoid any 
recurrence. 
‘‘(2) 
INDEPENDENT
ACCIDENT
INVESTIGA-
TIONS.— 
‘‘(A) IN GENERAL.—There shall be, in ad-
dition to an accident investigation under para-
graph (1), an independent investigation by an 
independent investigation panel (referred to in 
this subsection as the ‘Panel’) appointed under 
subparagraph (B) for— 
‘‘(i) any accident involving 3 or more 
deaths; or 
‘‘(ii) any accident that is of such se-
verity or scale for potential or actual harm 
that, in the opinion of the Secretary of 
Health and Human Services, the accident 
merits an independent investigation. 
‘‘(B) APPOINTMENT.— 
‘‘(i) IN GENERAL.—As soon as prac-
ticable after an accident described in sub-
paragraph (A), the Secretary of Health 
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and Human Services shall appoint 5 mem-
bers for the Panel required under this 
paragraph from among individuals who 
have expertise in accident investigations, 
mine engineering, or mine safety and 
health that is relevant to the particular in-
vestigation. 
‘‘(ii) CHAIRPERSON.—The Panel shall 
include, and be chaired by, a representative 
from the Office of Mine Safety and Health 
Research, of the National Institute for Oc-
cupational Safety and Health (referred to 
in this subsection as NIOSH). 
‘‘(iii) CONFLICTS
OF
INTEREST.— 
Panel members, and staff and consultants 
assisting the Panel with an investigation, 
shall be free from conflicts of interest with 
regard to the investigation, and be subject 
to the same standards of ethical conduct 
for persons employed by the Secretary. 
‘‘(iv) COMPOSITION.—The Secretary 
of Health and Human Services shall ap-
point as members of the Panel— 
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‘‘(I) 1 operator of a mine or indi-
vidual representing mine operators, 
and 
‘‘(II) 1 representative of a labor 
organization that represents miners, 
and may not appoint more than 1 of either 
such individuals as members of the Panel. 
‘‘(v) STAFF AND EXPENSES.—The Di-
rector of NIOSH shall designate NIOSH 
staff to facilitate the work of the Panel. 
The Director may accept as staff personnel 
on detail from other Federal agencies or 
re-employ annuitants. The detail of per-
sonnel under this paragraph may be on a 
non-reimbursable basis, and such detail 
shall be without interruption or loss of civil 
service status or privilege. The Director of 
NIOSH shall have the authority to procure 
on behalf of the Panel such materials, sup-
plies or services, including technical ex-
perts, as requested in writing by a majority 
of the Panel. 
‘‘(vi) COMPENSATION AND TRAVEL.— 
All members of the Panel who are officers 
or employees of the United States shall 
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serve without compensation in addition to 
that received for their services as officers 
or employees of the United States. Each 
Panel member who is not an officer or em-
ployee of the United States shall be com-
pensated at a rate equal to the daily equiv-
alent of the annual rate of basic pay pre-
scribed for level IV of the Executive Sched-
ule under section 5315 of title 5, United 
States Code, for each day (including travel 
time) during which such member is en-
gaged in the performance of duties of the 
Panel. The members of the Panel shall be 
allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter 
1 of chapter 57 of title 5, United States 
Code, while away from their homes or reg-
ular places of business in the performance 
of services for the Panel. 
‘‘(C) DUTIES.—The Panel shall— 
‘‘(i) assess and identify any factors 
that caused the accident, including defi-
ciencies in safety management systems, 
regulations, enforcement, industry prac-
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tices or guidelines, or organizational fail-
ures; 
‘‘(ii) identify and evaluate any con-
tributing actions or inactions of— 
‘‘(I) the operator; 
‘‘(II) any contractors or other 
persons engaged in mining-related 
functions at the site; 
‘‘(III) any State agency with 
oversight responsibilities; 
‘‘(IV) any agency or office within 
the Department of Labor; or 
‘‘(V) any other person or entity 
(including equipment manufacturers); 
‘‘(iii) review the determinations and 
recommendations by the Secretary under 
paragraph (1); 
‘‘(iv) prepare a report that— 
‘‘(I) includes the findings regard-
ing the causal factors described in 
clauses (i) and (ii); 
‘‘(II) identifies any strengths and 
weaknesses in the Secretary’s inves-
tigation; and 
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‘‘(III) includes recommendations, 
including 
interim 
recommendations 
where appropriate, to industry, labor 
organizations, 
State 
and 
Federal 
agencies, or Congress, regarding pol-
icy, regulatory, enforcement, adminis-
trative, or other changes, which in the 
judgment of the Panel, would prevent 
a recurrence at other mines; and 
‘‘(v) publish such findings and rec-
ommendations (excluding any portions 
which the Attorney General requests that 
the Secretary withhold in relation to a 
criminal referral) and hold public meetings 
to inform the mining community and fami-
lies of affected miners of the Panel’s find-
ings and recommendations. 
‘‘(D) HEARINGS; APPLICABILITY OF CER-
TAIN FEDERAL LAW.—The Panel shall have the 
authority to conduct public hearings or meet-
ings, but shall not be subject to the Federal Ad-
visory Committee Act. All public hearings of the 
Panel shall be subject to the requirements 
under section 552b of title 5, United States 
Code. 
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‘‘(E) 
MEMORANDUM
OF
UNDER-
STANDING.—Not later than 90 days after the 
date of enactment of the Miner Safety and 
Health Act of 2010, the Secretary of Labor and 
the Secretary of Health and Human Services 
shall conclude and publically issue a memo-
randum of understanding that— 
‘‘(i) outlines administrative arrange-
ments which will facilitate a coordination 
of efforts between the Secretary of Labor 
and the Panel, ensures that the Secretary’s 
investigation under paragraph (1) is not 
delayed or otherwise compromised by the 
activities of the Panel, and establishes a 
process to resolve any conflicts between 
such investigations; 
‘‘(ii) ensures that Panel members or 
staff will be able to participate in inves-
tigation activities (such as mine inspections 
and interviews) related to the Secretary of 
Labor’s investigation and will have full ac-
cess to documents that are assembled or 
produced in such investigation, and en-
sures that the Secretary of Labor will 
make all of the authority available to such 
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Secretary under this section, including sub-
poena authority, to obtain information and 
witnesses which may be requested by such 
Panel; and 
‘‘(iii) establishes such other arrange-
ments as are necessary to implement this 
paragraph. 
‘‘(F) PROCEDURES.—Not later than 90 
days after the date of enactment of the Miner 
Safety and Health Act of 2010, the Secretary 
of Health and Human Services shall establish 
procedures to ensure the consistency and effec-
tiveness of Panel investigations. In establishing 
such procedures, such Secretary shall consult 
with independent safety investigation agencies, 
sectors of the mining industry, representatives 
of miners, families of miners involved in fatal 
accidents, State mine safety agencies, and mine 
rescue organizations. Such procedures shall in-
clude— 
‘‘(i) authority for the Panel to use evi-
dence, samples, interviews, data, analyses, 
findings, or other information gathered by 
the Secretary of Labor, as the Panel deter-
mines valid; 
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‘‘(ii) provisions to ensure confiden-
tiality if requested by any witness, to the 
extent permitted by law, and prevent con-
flicts of interest in witness representation; 
and 
‘‘(iii) provisions for preservation of 
public access to the Panel’s records 
through the Secretary of Health and 
Human Services. 
‘‘(G) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to carry out this subsection such sums as may 
be necessary. 
‘‘(3) POWERS AND PROCESSES.—For the pur-
pose’’. 
(b) REPORTING REQUIREMENTS.—Section 511(a) 
(30 U.S.C. 958(a)) is amended by inserting after ‘‘501,’’ 
the following: ‘‘the status of implementation of rec-
ommendations from each independent investigation panel 
under section 103(b) received in the preceding 5 years.’’. 
SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DUR-
ING INSPECTIONS AND INVESTIGATIONS. 
Section 103(b) (as amended by section 101) (30 
U.S.C. 813(b)) is further amended by adding at the end 
the following: 
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‘‘(4) ADDITIONAL POWERS.—For the purpose 
of enabling the Secretary to perform any of the 
functions under this Act, the Secretary or the Sec-
retary’s designee, may sign and issue subpoenas for 
the attendance and testimony of witnesses and the 
production of information, including all relevant 
data, papers, books, documents, and items of phys-
ical evidence, and administer oaths. Witnesses sum-
moned shall be paid the same fees that are paid wit-
nesses in the courts of the United States. In car-
rying out inspections and investigations under this 
subsection, authorized representatives of the Sec-
retary and attorneys representing the Secretary are 
authorized to question any individual privately. 
Under this section, any individual who is willing to 
speak with or provide a statement to such author-
ized representatives or attorneys representing the 
Secretary may do so without the presence, involve-
ment, or knowledge of the operator or the operator’s 
agents or attorneys. The Secretary shall keep the 
identity of an individual providing such a statement 
confidential to the extent permitted by law. Nothing 
in this paragraph prevents any individual from being 
represented by that individual’s personal attorney.’’. 
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SEC. 103. DESIGNATION OF MINER REPRESENTATIVE. 
Section 103(f) (30 U.S.C. 813(f)) is amended by in-
serting before the last sentence the following: ‘‘If any 
miner is entrapped or otherwise prevented as the result 
of an accident in such mine from designating such a rep-
resentative directly, such miner’s closest relative may act 
on behalf of such miner in designating such a representa-
tive. If any miner is not currently working in such mine 
as the result of an accident in such mine, but would be 
currently working in such mine but for such accident, such 
miner may designate such a representative.’’. 
SEC. 104. ADDITIONAL AMENDMENTS RELATING TO IN-
SPECTIONS AND INVESTIGATIONS. 
(a) HOURS OF INSPECTIONS.—Section 103(a) (30 
U.S.C. 813(a)) is amended by inserting after the third 
sentence the following: ‘‘Such inspections shall be con-
ducted during the various shifts and days of the week dur-
ing which miners are normally present in the mine to en-
sure that the protections of this Act are afforded to all 
miners working all shifts.’’. 
(b) INJURY
AND
ILLNESS
REPORTING.—Section 
103(d) (30 U.S.C. 813(d)) is amended by striking the last 
sentence and inserting the following: ‘‘The records to be 
kept and made available by the operator of the mine shall 
include man-hours worked and occupational injuries and 
illnesses, and shall be maintained separately for each mine 
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and be reported at a frequency determined by the Sec-
retary, but at least annually. Operators shall be respon-
sible for reporting on all miners working at such mine re-
gardless of their employer, except that independent con-
tractors (within the meaning of section 3(d)) shall only 
be responsible for reporting on miners in their employ or 
under their direction or authority.’’. 
(c) ORDERS FOLLOWING
AN ACCIDENT.—Section 
103(k) (30 U.S.C. 813(k)) is amended by striking ‘‘, when 
present,’’. 
(d) CONFLICT OF INTEREST IN THE REPRESENTA-
TION OF MINERS.—Section 103(a) (30 U.S.C. 813(a)) is 
amended by adding at the end the following: ‘‘During in-
spections and investigations under this section, and during 
any litigation under this Act, no attorney shall represent 
or purport to represent both the operator of a coal or other 
mine and any other individual, unless such individual has 
knowingly and voluntarily waived all actual and reasonably 
foreseeable conflicts of interest resulting from such rep-
resentation. The Secretary is authorized to take such ac-
tions as the Secretary considers appropriate to ascertain 
whether such individual has knowingly and voluntarily 
waived all such conflicts of interest. If the Secretary finds 
that such an individual cannot be represented adequately 
by such an attorney due to such conflicts of interest, the 
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Secretary may petition the appropriate United States Dis-
trict Court which shall have jurisdiction to disqualify such 
attorney as counsel to such individual in the matter. The 
Secretary may make such a motion as part of an ongoing 
related civil action or as a miscellaneous action.’’. 
TITLE II—ENHANCED 
ENFORCEMENT AUTHORITY 
SEC. 201. SIGNIFICANT AND SUBSTANTIAL VIOLATIONS. 
Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘any mandatory health or 
safety standard’’ and inserting ‘‘any provision 
of this Act, including any mandatory health or 
safety standard or regulation promulgated 
under this Act’’; and 
(B) by striking ‘‘such mandatory health or 
safety standards’’ and inserting ‘‘such provi-
sions, regulations, or mandatory health or safe-
ty standards’’; 
(2) in the second sentence, by striking ‘‘any 
mandatory health or safety standard’’ and inserting 
‘‘any provision of this Act, including any mandatory 
health or safety standard or regulation promulgated 
under this Act,’’; and 
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(3) by inserting after the first sentence the fol-
lowing: ‘‘For purposes of this Act, a violation of a 
provision of this Act, including any mandatory 
health or safety standard or regulation promulgated 
under this Act, is of such nature as could signifi-
cantly and substantially contribute to the cause and 
effect of a safety or health hazard if there is a rea-
sonable possibility that such violation could result in 
injury, illness, or death.’’. 
SEC. 202. A PATTERN OF RECURRING NONCOMPLIANCE OR 
ACCIDENTS. 
Section 104(e) (30 U.S.C. 814(e)) is amended to read 
as follows: 
‘‘(e) PATTERN OF RECURRING NONCOMPLIANCE OR 
ACCIDENTS.— 
‘‘(1) PATTERN STATUS.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, an operator of a coal or other mine 
shall be in pattern status if the operator has, 
as determined based on the regulations promul-
gated under paragraph (8)— 
‘‘(i) a pattern of— 
‘‘(I) citations for significant and 
substantial violations; 
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‘‘(II) citations and withdrawal or-
ders issued for unwarrantable failure 
to comply with mandatory health and 
safety standards under section 104(d); 
‘‘(III) citations for flagrant viola-
tions within the meaning of section 
110(b); 
‘‘(IV) withdrawal orders issued 
under any other section of this Act; or 
‘‘(V) accidents, injuries, or ill-
nesses; or 
‘‘(ii) a pattern consisting of any com-
bination of citations, orders, accidents, in-
juries, or illnesses described in subclauses 
(I) through (V). 
‘‘(B) MITIGATING CIRCUMSTANCES.—Not-
withstanding subparagraph (A), if the Sec-
retary, after conducting an assessment of a coal 
or other mine that otherwise qualifies for pat-
tern status, certifies that there are mitigating 
circumstances wherein the operator has elimi-
nated any elevated risk to the health or safety 
of miners and has taken sufficient measures to 
ensure such elevated risk will not recur, the 
Secretary may deem such mine to not be in pat-
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tern status under this subsection. The Sec-
retary shall issue any such certification of such 
mitigating circumstances that would preclude 
the placement of a mine in pattern status as a 
written finding, which shall, not later than 10 
days after the certification is made, be— 
‘‘(i) published in the Federal Register; 
and 
‘‘(ii) transmitted to the Committee on 
Education and Labor of the House of Rep-
resentatives and the Committee on Health, 
Education, Labor, and Pensions of the 
Senate. 
‘‘(2) ACTIONS
FOLLOWING
PLACEMENT
OF 
MINE IN PATTERN STATUS.—For any coal or other 
mine that is in pattern status, the Secretary shall— 
‘‘(A) notify the operator of such mine that 
the mine is being placed in pattern status; 
‘‘(B) issue an order requiring such oper-
ator to cause all persons to be withdrawn from 
such mine, except those persons referred to in 
subsection (c) or authorized by an order of the 
Secretary issued under this subsection; 
‘‘(C) issue a remediation order described in 
paragraph (3) to such operator; and 
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‘‘(D) require that the number of regular 
inspections of such mine required under section 
103 be increased to 8 per year for an under-
ground mine and 4 per year for a surface mine 
while the mine is in pattern status. 
Notice advising operators that they face potential 
placement in pattern status shall not be a require-
ment for issuing a withdrawal order to operators 
under this subsection. 
‘‘(3) REMEDIATION ORDER.— 
‘‘(A) IN GENERAL.—A remediation order 
issued to an operator under paragraph (2)(C) 
may require the operator to carry out one or 
more of the following requirements, pursuant to 
a timetable for commencing and completing 
such actions or as a condition of miners reen-
tering the mine: 
‘‘(i) Provide specified training, includ-
ing training not otherwise required under 
this Act. 
‘‘(ii) Institute and implement an effec-
tive health and safety management pro-
gram approved by the Secretary, includ-
ing— 
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‘‘(I) the employment of safety 
professionals, certified persons, and 
adequate numbers of personnel for the 
mine, as may be required by the Sec-
retary; 
‘‘(II) specific inspection, record-
keeping, reporting and other require-
ments for the mine as the Secretary 
may establish; and 
‘‘(III) other requirements to en-
sure compliance and to protect the 
health and safety of miners or prevent 
accidents or injuries as the Secretary 
may determine are necessary. 
‘‘(iii) Facilitate any effort by the Sec-
retary to communicate directly with miners 
employed at the mine outside the presence 
of the mine operators or its agents, for the 
purpose of obtaining information about 
mine conditions, health and safety prac-
tices, and advising miners of their rights 
under this Act. 
‘‘(B) MODIFICATION OF AND FAILURE TO 
COMPLY WITH REMEDIATION ORDER.—The Sec-
retary may modify the remediation order, as 
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necessary, to protect the health and safety of 
miners. If the mine operator fails to fully com-
ply with the remediation order during the time 
a mine is in pattern status, the Secretary shall 
reinstate the withdrawal order under paragraph 
(2)(B). 
‘‘(C) EXTENSION OF DEADLINES.—An ex-
tension of a deadline under the remediation 
order may be granted on a temporary basis and 
only upon a showing that the operator took all 
feasible measures to comply with the order and 
only to the extent that the operator’s failure to 
comply is beyond the control of the operator. 
‘‘(4) CONDITIONS FOR LIFTING WITHDRAWAL 
ORDER.—A withdrawal order issued under para-
graph (2)(B) shall not be lifted until the Secretary 
verifies that— 
‘‘(A) any and all violations or other condi-
tions in the mine identified in the remediation 
order have been or are being fully abated or 
corrected as outlined in the remediation order; 
and 
‘‘(B) the operator has completed any other 
actions under the remediation order that are re-
quired for reopening the mine. 
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‘‘(5) PERFORMANCE EVALUATION.— 
‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall evaluate the performance of 
each operator whose mine is in pattern status 
every 90 days during which the mine is pro-
ducing and determine if, for such 90-day pe-
riod— 
‘‘(i) the operator’s rate of citations for 
significant and substantial violations— 
‘‘(I) are, on average, in the top 
performing 35th percentile of such 
rates, respectively, for all mines of 
similar size and type; or 
‘‘(II) have been reduced by 70 
percent since such mine was placed on 
pattern status; 
‘‘(ii) the operator’s accident and in-
jury rates are, on average, in the top per-
forming 35th percentile of such rates, re-
spectively, for all mines of similar size and 
type; and 
‘‘(iii) no citation or withdrawal order 
for a violation under section 104(d), no 
withdrawal order for imminent danger 
under section 107 arising from a signifi-
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cant and substantial violation, and no fla-
grant violations within the meaning of sec-
tion 110(b), were issued for such mine. 
‘‘(B) REISSUANCE
OF
WITHDRAWAL
OR-
DERS.—If an operator being evaluated fails to 
achieve the performance benchmarks described 
in subparagraph (A), the Secretary may reissue 
a withdrawal order under paragraph (2)(B) to 
remedy any recurring conditions that led to pat-
tern status under this subsection, and may 
modify the remediation order, as necessary, to 
protect the health and safety of miners. 
‘‘(6) TERMINATION OF PATTERN STATUS.— 
‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall remove an operator of a coal or 
other mine from pattern status if, for a 1-year 
period during which the mine is producing— 
‘‘(i) the operator’s rate of citations for 
significant and substantial violations— 
‘‘(I) are, on average, in the top 
performing 25th percentile of such 
rates, respectively, for all mines of 
similar size and type; or 
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‘‘(II) have been reduced by 80 
percent since such mine was placed on 
pattern status; 
‘‘(ii) the operator’s accident and in-
jury rates are, on average, in the top per-
forming 25th percentile of such rates, re-
spectively, for all mines of similar size and 
type; and 
‘‘(iii) no citation or withdrawal orders 
for violations under section 104(d), no 
withdrawal orders for imminent danger 
under section 107 arising from a signifi-
cant and substantial violation, and no fla-
grant violations within the meaning of sec-
tion 110(b), were issued for such mine. 
‘‘(B) CONTINUATION
OF
PATTERN
STA-
TUS.—Should the mine operator fail to meet 
the performance benchmarks described in sub-
paragraph (A), the Secretary shall extend the 
mine’s placement in pattern status until such 
benchmarks are achieved. 
‘‘(7) EXPEDITED REVIEW.—If any order under 
this subsection is contested, the review of such order 
shall be conducted on an expedited basis, in accord-
ance with section 105(d). 
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‘‘(8) REGULATIONS; INFORMATION
ON
PER-
FORMANCE.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of the Miner 
Safety and Health Act of 2010, the Secretary 
shall issue interim final regulations that shall 
define— 
‘‘(i) the threshold criteria to trigger 
pattern status under paragraph (1) and 
cause a withdrawal order to be issued or 
reissued; and 
‘‘(ii) the performance benchmarks de-
scribed in paragraphs (5)(A) and (6)(A). 
‘‘(B) THRESHOLD
CRITERIA.—In estab-
lishing threshold criteria to trigger pattern sta-
tus for mines with significantly poor compliance 
that contributes to unsafe or unhealthy condi-
tions, the Secretary— 
‘‘(i) shall consider frequency and rates 
of citations described in paragraph (1)(A) 
and rates of reportable accidents and inju-
ries within the preceding 180-day period; 
‘‘(ii) may include factors such as mine 
type, production levels, number of miners, 
hours worked by miners, number of mecha-
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nized mining units (or similar production 
characteristics), and the designation of a 
representative of miners at the mine; 
‘‘(iii) may include the mine’s history 
of citations, violations, orders, and other 
enforcement actions, or rates of reportable 
accidents and injuries, over any period de-
termined relevant by the Secretary; 
‘‘(iv) may assign weight to various 
types of citations, orders, accidents, inju-
ries, illnesses, or other factors; and 
‘‘(v) may include other factors the 
Secretary may determine appropriate to 
protect the safety and health of miners. 
‘‘(C) FINAL REGULATION.—Not later than 
2 years after the date of enactment of the 
Miner Safety and Health Act of 2010, the Sec-
retary shall promulgate a final regulation imple-
menting this paragraph. 
‘‘(9) PUBLIC DATABASE AND INFORMATION.— 
The Secretary shall establish and maintain a pub-
lically available electronic database containing the 
data used to determine pattern status for all coal or 
other mines. Such database shall be searchable, shall 
have the capacity to provide comparative data about 
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the health and safety at mines of similar sizes and 
types. The Secretary shall also make publicly avail-
able— 
‘‘(A) a list of all mines the Secretary 
places in pattern status, updated not less fre-
quently than quarterly; and 
‘‘(B) the metrics, including percentile in-
formation, used for the purposes of the per-
formance benchmarks and threshold criteria de-
scribed in paragraphs (5), (6), and (8). 
‘‘(10) OPERATOR
FEES
FOR
ADDITIONAL
IN-
SPECTIONS.— 
‘‘(A) ASSESSMENT AND COLLECTION.—Be-
ginning 120 days after the date of enactment of 
the Miner Safety and Health Act of 2010, the 
Secretary shall assess and collect fees, in ac-
cordance with this paragraph, from each coal or 
other mine in pattern status for the costs of ad-
ditional inspections under this subsection. The 
Secretary shall issue, by rule, a schedule of fees 
to be assessed against coal or other mines of 
varying types and sizes, and shall collect and 
assess amounts under this paragraph based on 
the schedule. 
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‘‘(B) MINES IN PATTERN STATUS INSPEC-
TION FUND.—There is established in the Treas-
ury of the United States a separate account for 
the deposit of fees collected under this para-
graph to be known as the Mines in Pattern Sta-
tus Inspection Fund. The Secretary shall de-
posit any fees collected pursuant to subpara-
graph (A) into the fund. 
‘‘(C) USE.—Amounts in the Mines in Pat-
tern Status Inspection Fund shall be available 
to the Secretary, as provided in subparagraph 
(D), for making expenditures to carry out the 
additional inspections required under paragraph 
(2)(D). 
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to any other amounts ap-
propriated, there is authorized to be appro-
priated from the Mines in Pattern Status In-
spection Fund to the Assistant Secretary for 
Mine Safety and Health for each fiscal year in 
which fees are collected under subparagraph 
(A) an amount equal to the total amount col-
lected during the previous fiscal year from fees 
assessed pursuant to this paragraph. Such 
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amounts are authorized to remain available 
until expended. 
‘‘(E) CREDITING
AND
AVAILABILITY
OF 
FEES.—Fees authorized and collected under 
this paragraph shall be available for obligation 
only to the extent and in the amount provided 
in advance in appropriations Acts.’’. 
SEC. 203. INJUNCTIVE AUTHORITY. 
Section 108(a)(2) (30 U.S.C. 818(a)(2)) is amended 
by striking ‘‘a pattern of violation of’’ and all that follows 
and inserting ‘‘a course of conduct that in the judgment 
of the Secretary constitutes a continuing hazard to the 
health or safety of miners, including violations of this Act 
or of mandatory health and safety standards or regula-
tions under this Act.’’. 
SEC. 204. REVOCATION OF APPROVAL OF PLANS. 
Section 105 (30 U.S.C. 815) is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) REVOCATION OF APPROVAL OF PLANS.— 
‘‘(1) REVOCATION.—If the Secretary finds that 
any program or plan of an operator, or part thereof, 
that was approved by the Secretary under this Act 
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is based on inaccurate information or that cir-
cumstances that existed when such plan was ap-
proved have materially changed and that continued 
operation of such mine under such plan constitutes 
a hazard to the safety or health of miners, the Sec-
retary shall revoke the approval of such program or 
plan. 
‘‘(2) WITHDRAWAL ORDERS.—Upon revocation 
of the approval of a program or plan under sub-
section (a), the Secretary may immediately issue an 
order requiring the operator to cause all persons, ex-
cept those persons referred to in section 104(c), to 
be withdrawn from such mine, and to be prohibited 
from entering such mine, until the operator has sub-
mitted and the Secretary has approved a new plan.’’. 
SEC. 205. CHALLENGING A DECISION TO APPROVE, MOD-
IFY, OR REVOKE A COAL OR OTHER MINE 
PLAN. 
Section 105(e) (as redesignated by section 204(1)) 
(30 U.S.C. 815(e)) is amended by adding at the end the 
following: ‘‘In any proceeding in which a party challenges 
the Secretary’s decision to approve, modify, or revoke a 
coal or other mine plan under this Act, the Commission 
and the courts shall affirm the Secretary’s decision unless 
the challenging party establishes that such decision was 
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