I 
115TH CONGRESS 
1ST SESSION H. R. 1903 
To improve compliance with mine safety and health laws, empower miners 
to raise safety concerns, prevent future mine tragedies, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 5, 2017 
Mr. SCOTT of Virginia (for himself, Mr. TAKANO, Mr. COURTNEY, and Ms. 
WILSON of Florida) introduced the following bill; which was referred to 
the Committee on Education and the Workforce 
A BILL 
To improve compliance with mine safety and health laws, 
empower miners to raise safety concerns, prevent future 
mine tragedies, 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 
‘‘Robert C. Byrd Mine Safety Protection Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
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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. Technical amendment. 
Sec. 202. Procedures and criteria for determining a pattern of violations. 
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. 
Sec. 206. GAO Study on MSHA Mine Plan Approval. 
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—MINERS’ RIGHTS AND PROTECTIONS 
Sec. 401. Protection from retaliation. 
Sec. 402. Protection from loss of pay. 
Sec. 403. Underground coal miner employment standard for mines placed in 
pattern of violations status. 
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. Study on respirable dust standards. 
Sec. 505. Refresher training on miners’ rights and responsibilities. 
Sec. 506. Authority to mandate additional training. 
Sec. 507. Brookwood-Sago Mine Safety Grants. 
Sec. 508. Certification of personnel. 
Sec. 509. Electronic records requirement. 
TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 
Sec. 601. Definitions. 
Sec. 602. Assistance to States. 
Sec. 603. Authorization of cooperative agreements by NIOSH Office of Mine 
Safety and Health. 
Sec. 604. Double encumbrance; succession plan. 
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SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment is expressed as an amendment to 
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Fed-
eral 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 there 
is evidence of conduct that may constitute a 
violation of Federal criminal law, the Secretary 
may refer such evidence to the Attorney Gen-
eral; and 
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‘‘(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 
and Human Services shall appoint 5 mem-
bers for the Panel required under this 
paragraph from among individuals who 
have expertise in accident investigations, 
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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— 
‘‘(I) 1 operator of a mine or indi-
vidual representing mine operators, 
and 
‘‘(II) 1 representative of a labor 
organization that represents miners, 
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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 
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-
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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-
tices or guidelines, or organizational fail-
ures; 
‘‘(ii) identify and evaluate any con-
tributing actions or inactions of— 
‘‘(I) the operator; 
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‘‘(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; 
‘‘(V) the Federal Mine Safety 
and Health Review Commission; or 
‘‘(VI) 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 
‘‘(III) includes recommendations, 
including 
interim 
recommendations 
where appropriate, to industry, labor 
organizations, 
State 
and 
Federal 
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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. 
‘‘(E) 
MEMORANDUM
OF
UNDER-
STANDING.—Not later than 90 days after the 
date of enactment of the Robert C. Byrd Mine 
Safety Protection Act of 2017, the Secretary of 
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Labor and the Secretary of Health and Human 
Services shall conclude and publically issue a 
memorandum 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 
Secretary under this section to obtain in-
formation and witnesses which may be re-
quested by such Panel; and 
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‘‘(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 Robert 
C. Byrd Mine Safety Protection Act of 2017, 
the Secretary of Health and Human Services 
shall establish procedures to ensure the consist-
ency and effectiveness of Panel investigations. 
In establishing such procedures, such Secretary 
shall consult with independent safety investiga-
tion agencies, sectors of the mining industry, 
representatives of miners, families of miners in-
volved in fatal accidents, State mine safety 
agencies, and mine rescue organizations. Such 
procedures shall include— 
‘‘(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; 
‘‘(ii) provisions to ensure confiden-
tiality if requested by any witness, to the 
extent permitted by law, and prevent con-
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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) 
SUBPOENAS; 
WITNESSES; 
CON-
TEMPT.— 
‘‘(i) SUBPOENA AUTHORITY.—For the 
purpose of making any investigation of any 
accident or other occurrence relating to 
health or safety in a coal or other mine 
under this paragraph, the Director of the 
National Institute for Occupational Safety 
and Health shall at the request of a major-
ity of the Panel or upon his own initiative 
sign and issue subpoenas for the attend-
ance and testimony of witnesses and the 
production of relevant papers, books, and 
documents, and administer oaths. Wit-
nesses summoned shall be paid the same 
fees and mileage that are paid witnesses in 
the courts of the United States. 
‘‘(ii) CONTUMACY.—In case of contu-
macy or refusal to obey a subpoena served 
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upon any person under this section, the 
district court of the United States for any 
district in which such person is found or 
resides or transacts business, upon applica-
tion by the United States and after notice 
to such person, shall have jurisdiction to 
issue an order requiring such person to ap-
pear and give testimony before the Direc-
tor or Panel, or to appear and produce 
documents before the Director or Panel, or 
both, and any failure to obey such order of 
the court may be punished by such court 
as a contempt thereof. 
‘‘(iii) ADDITIONAL INVESTIGATIVE AU-
THORITY.—In carrying out inspections and 
investigations under this subsection, the 
staff of the Director or Panel and attor-
neys representing the Director or Panel 
are authorized to question any individual 
privately. Under this subparagraph, any 
individual who is willing to speak with or 
provide a statement to the Director or 
Panel’s staff or their attorneys, may do so 
without the presence, involvement, or 
knowledge of the operator or the operator’s 
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agents or attorneys. The Director or Panel 
shall keep the identity of an individual pro-
viding such a statement confidential to the 
extent permitted by law. Nothing in this 
paragraph prevents any individual from 
being represented by that individual’s per-
sonal attorney or other representative. 
‘‘(H) 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: 
‘‘(4) ADDITIONAL
POWERS.—For purposes of 
making inspections and investigations, the Secretary 
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or the Secretary’s designee, may sign and issue sub-
poenas for the attendance and testimony of wit-
nesses and the production of information, including 
all relevant data, papers, books, documents, and 
items of physical evidence, and administer oaths. 
Witnesses summoned shall be paid the same fees 
that are paid witnesses in the courts of the United 
States. In carrying out inspections and investiga-
tions under this subsection, authorized representa-
tives of the Secretary 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 
authorized representatives or attorneys representing 
the Secretary may do so without the presence, in-
volvement, or knowledge of the operator or the oper-
ator’s agents or attorneys. The Secretary shall keep 
the identity of an individual providing such a state-
ment confidential to the extent permitted by law. 
Nothing in this paragraph prevents any individual 
from being represented by that individual’s personal 
attorney or other representative.’’. 
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 
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miner is entrapped, disabled, killed, or otherwise prevented 
as the result of an accident in such mine from designating 
such a representative directly, such miner’s closest relative 
may act on behalf of such miner in designating such a 
representative. 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 acci-
dent, such miner may designate such a representative. A 
representative of miners shall have the right to participate 
in any accident investigation the Secretary initiates pursu-
ant to subsection (b), including the right to participate 
in investigative interviews and to review all relevant pa-
pers, books, documents and records produced in connec-
tion with the accident investigation, unless the Secretary, 
in consultation with the Attorney General, excludes such 
representatives from the investigation on the grounds that 
inclusion would interfere with or adversely impact a crimi-
nal investigation that is pending or under consideration.’’. 
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-
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sure that the protections of this Act are afforded to all 
miners working all shifts.’’. 
(b) REVIEW OF MINE PATTERN OF VIOLATIONS STA-
TUS.—Section 103(a) is further amended by inserting be-
fore the last sentence the following: ‘‘The Secretary shall, 
upon request by an operator, review with the appropriate 
mine officials the Secretary’s most recent evaluation for 
pattern of violations status (as provided in section 104(e)) 
for that mine during the course of a mine’s regular quar-
terly inspection of an underground mine or a biannual in-
spection of a surface mine, or, at the discretion of the Sec-
retary, during the pre-inspection conference.’’. 
(c) 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 with respect to the miners in their employ or 
under their direction or authority, and shall be maintained 
separately for each mine and be reported at a frequency 
determined by the Secretary, but at least annually. Inde-
pendent contractors (within the meaning of section 3(d)) 
shall be responsible for reporting accidents, occupational 
injuries and illnesses, and man-hours worked for each 
mine with respect to the miners in their employ or under 
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their direction or authority, and shall be reported at a fre-
quency determined by the Secretary, but at least annually. 
Reports or records of operators and contractors required 
and submitted to the Secretary under this subsection shall 
be signed and certified as accurate and complete by a 
knowledgeable and responsible person possessing a certifi-
cation, registration, qualification, or other approval, as 
provided for under section 118. Knowingly falsifying such 
records or reports shall be grounds for revoking such cer-
tification, registration, qualification, or other approval 
under the standards established under subsection (b)(1) 
of such section.’’. 
(d) ORDERS FOLLOWING
AN ACCIDENT.—Section 
103(k) (30 U.S.C. 813(k)) is amended by striking ‘‘, when 
present,’’. 
(e) 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-
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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 
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. TECHNICAL AMENDMENT. 
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’’; and 
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(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,’’. 
SEC. 202. PROCEDURES AND CRITERIA FOR DETERMINING 
A PATTERN OF VIOLATIONS. 
Part 104 of chapter I of title 30, Code of Federal 
Regulations, as revised by the Federal Mine Safety and 
Health Administration and published at 78 Fed. Reg. 
5073 (January 23, 2013) shall have the force and effect 
of law and shall remain in effect subject to an Act of Con-
gress. 
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 
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(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 
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 or an area of such 
mine, and to be prohibited from entering such mine 
or such area, until the operator has submitted and 
the Secretary has approved a new plan.’’. 
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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 whether to approve, modify, or re-
voke a coal or other mine plan under this Act, the Com-
mission shall affirm the Secretary’s decision unless the 
challenging party establishes that such decision was arbi-
trary, capricious, an abuse of discretion, or otherwise not 
in accordance with law.’’. 
SEC. 206. GAO STUDY ON MSHA MINE PLAN APPROVAL. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall provide a report 
to Congress on the timeliness of the Mine Safety and 
Health Administration’s approval of underground coal 
mines’ required plans and plan amendments, including— 
(1) factors that contribute to any delays in the 
approval of these plans; and 
(2) as appropriate, recommendations for im-
proving timeliness of plan review and for achieving 
prompt decisions. 
VerDate Sep 11 2014 
02:46 Apr 12, 2017
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