IB 
Union Calendar No. 334 
111TH CONGRESS 
2D SESSION 
H. R. 5663 
[Report No. 111–579, Part I] 
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 
JULY 29, 2010 
Additional sponsors: Mr. KUCINICH, Ms. CHU, Mr. COSTELLO, Mr. BACA, Mr. 
SCHIFF, Ms. SLAUGHTER, Mr. MICHAUD, Mr. TIERNEY, Mr. ARCURI, 
Mr. TOWNS, Ms. VELA´ZQUEZ, Mr. BRADY of Pennsylvania, Mr. POLIS of 
Colorado, Ms. ZOE LOFGREN of California, Mr. HINCHEY, Ms. PINGREE 
of Maine, Mr. SPACE, Mr. FILNER, Mr. TONKO, Mr. STARK, Ms. LINDA 
T. SA´NCHEZ of California, Mr. KAGEN, Ms. LORETTA SANCHEZ of Cali-
fornia, Mr. NADLER of New York, Mr. BLUMENAUER, Mr. HONDA, Mr. 
CHANDLER, Mrs. MALONEY, Mr. GENE GREEN of Texas, Ms. BERKLEY, 
Mr. LARSEN of Washington, Ms. MCCOLLUM, Mr. JACKSON of Illinois, 
Ms. HARMAN, Mr. SHERMAN, Mr. VISCLOSKY, Mr. LANGEVIN, and Mr. 
PATRICK J. MURPHY of Pennsylvania 
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JULY 29, 2010 
Reported with an amendment, referred to the Committee on the Judiciary for 
a period ending not later than July 29, 2010, for consideration of such 
provisions of the bill and amendment as fall within the jurisdiction of 
that committee pursuant to clause 1(k), rule X 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 29, 2010 
Committee on the Judiciary discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 1, 2010] 
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. 
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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 Miner Safety and Health Act of 2010’’. 
(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 investiga-
tions. 
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. 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. 
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—WORKER 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 pat-
tern 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. 
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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. 
Sec. 604. Rules of application to certain mines. 
TITLE VII—AMENDMENTS TO THE OCCUPATIONAL SAFETY AND 
HEALTH ACT 
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. Pre-final order interest. 
Sec. 708. Review of State Occupational Safety and Health Plans. 
Sec. 709. Health Hazard Evaluations by the National Institute for Occupational 
Safety and Health. 
Sec. 710. Authorization of cooperative agreements by NIOSH Office of Mine Safe-
ty and Health. 
Sec. 711. 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 reference 
shall be considered to be made to a section or other provi-
sion of the Federal Mine Safety and Health Act of 1977 
(30 U.S.C. 801 et seq.). 
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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 stand-
ards, or other requirements, and if such viola-
tions are found, issue citations and penalties, 
and in cases involving possible criminal actions, 
the Secretary may refer such matters to the At-
torney General; and 
‘‘(C) make recommendations to avoid any 
recurrence. 
‘‘(2) 
INDEPENDENT
ACCIDENT
INVESTIGA-
TIONS.— 
‘‘(A) IN GENERAL.—There shall be, in addi-
tion to an accident investigation under para-
graph (1), an independent investigation by an 
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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 sever-
ity 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 members 
for the Panel required under this paragraph 
from among individuals who have expertise 
in accident investigations, mine engineer-
ing, or mine safety and health that is rel-
evant to the particular investigation. 
‘‘(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 Occu-
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pational 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 appoint 
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, 
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-em-
ploy annuitants. The detail of personnel 
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under this paragraph may be on a non-re-
imbursable 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, supplies or 
services, including technical experts, as re-
quested 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 em-
ployees of the United States. Each Panel 
member who is not an officer or employee of 
the United States shall be compensated at a 
rate equal to the daily equivalent of the an-
nual rate of basic pay prescribed for level 
IV of the Executive Schedule under section 
5315 of title 5, United States Code, for each 
day (including travel time) during which 
such member is engaged in the performance 
of duties of the Panel. The members of the 
Panel shall be allowed travel expenses, in-
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cluding 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 regular 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, reg-
ulations, enforcement, industry practices or 
guidelines, or organizational failures; 
‘‘(ii) identify and evaluate any con-
tributing actions or inactions of— 
‘‘(I) the operator; 
‘‘(II) any contractors or other per-
sons engaged in mining-related func-
tions 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); 
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‘‘(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 investiga-
tion; and 
‘‘(III) includes recommendations, 
including 
interim 
recommendations 
where appropriate, to industry, labor 
organizations, State and Federal agen-
cies, or Congress, regarding policy, reg-
ulatory, enforcement, administrative, 
or other changes, which in the judg-
ment of the Panel, would prevent a re-
currence 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 families of af-
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fected miners of the Panel’s findings and 
recommendations. 
‘‘(D) HEARINGS; APPLICABILITY
OF
CER-
TAIN FEDERAL LAW.—The Panel shall have the 
authority to conduct public hearings or meetings, 
but shall not be subject to the Federal Advisory 
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 UNDERSTANDING.— 
Not later than 90 days after the date of enact-
ment of the Robert C. Byrd 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; 
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‘‘(ii) ensures that Panel members or 
staff will be able to participate in investiga-
tion 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 pro-
duced in such investigation, and ensures 
that the Secretary of Labor will make all of 
the authority available to such Secretary 
under this section, including subpoena au-
thority, 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 Robert C. 
Byrd Miner Safety and Health Act of 2010, the 
Secretary of Health and Human Services shall 
establish procedures to ensure the consistency 
and effectiveness of Panel investigations. In es-
tablishing such procedures, such Secretary shall 
consult with independent safety investigation 
agencies, sectors of the mining industry, rep-
resentatives of miners, families of miners in-
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volved in fatal accidents, State mine safety agen-
cies, and mine rescue organizations. Such proce-
dures 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-
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 Serv-
ices. 
‘‘(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 fol-
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lowing: ‘‘the status of implementation of recommendations 
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 fol-
lowing: 
‘‘(4) ADDITIONAL
POWERS.—For purposes of 
making inspections and investigations, the Secretary 
or the Secretary’s designee, may sign and issue sub-
poenas for the attendance and testimony of witnesses 
and the production of information, including all rel-
evant 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 car-
rying out inspections and investigations under this 
subsection, authorized representatives of the Secretary 
and attorneys representing the Secretary are author-
ized to question any individual privately. Under this 
section, any individual who is willing to speak with 
or provide a statement to such authorized representa-
tives or attorneys representing the Secretary may do 
so without the presence, involvement, or knowledge of 
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the operator or the operator’s agents or attorneys. The 
Secretary shall keep the identity of an individual pro-
viding such a statement confidential to the extent per-
mitted by law. Nothing in this paragraph prevents 
any individual from being represented by that indi-
vidual’s personal attorney.’’. 
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 acci-
dent 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 work-
ing in such mine but for such accident, such miner may 
designate such a representative. A representative of miners 
shall have the right to participate in any accident inves-
tigation the Secretary initiates pursuant to subsection (b), 
including the right to participate in investigative inter-
views and to review all relevant papers, books, documents 
and records produced in connection with the accident inves-
tigation, unless the Secretary in consultation with the At-
torney General excludes such representatives from the inves-
tigation on the grounds that inclusion would interfere with 
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or adversely impact a criminal investigation that is pend-
ing or under consideration.’’. 
SEC. 104. ADDITIONAL AMENDMENTS RELATING TO INSPEC-
TIONS AND INVESTIGATIONS. 
(a) HOURS
OF INSPECTIONS.—Section 103(a) (30 
U.S.C. 813(a)) is amended by inserting after the third sen-
tence the following: ‘‘Such inspections shall be conducted 
during the various shifts and days of the week during which 
miners are normally present in the mine to ensure that the 
protections of this Act are afforded to all miners working 
all shifts.’’. 
(b) REVIEW
OF MINE PATTERN STATUS.—Section 
103(a) is further amended by inserting before the last sen-
tence the following: ‘‘The Secretary shall, upon request by 
an operator, review with the appropriate mine officials the 
Secretary’s most recent evaluation for pattern status (as 
provided in section 104(e)) for that mine during the course 
of a mine’s regular quarterly inspection of an underground 
mine or a biannual inspection of a surface mine, or, at 
the discretion of the Secretary, 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 
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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. Independent con-
tractors (within the meaning of section 3(d)) shall be re-
sponsible for reporting accidents, occupational injuries and 
illnesses, and man-hours worked for each mine with respect 
to the miners in their employ or under their direction or 
authority, and shall be reported at a frequency determined 
by the Secretary, but not less than 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 certification, registration, 
qualification, or other approval, as provided for under sec-
tion 118. Knowingly falsifying such records or reports shall 
be grounds for revoking such certification, registration, 
qualification, or other approval under the standards estab-
lished 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 REPRESENTATION 
OF MINERS.—Section 103(a) (30 U.S.C. 813(a)) is amend-
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ed by adding at the end the following: ‘‘During inspections 
and investigations under this section, and during any liti-
gation under this Act, no attorney shall represent or pur-
port to represent both the operator of a coal or other mine 
and any other individual, unless such individual has know-
ingly and voluntarily waived all actual and reasonably 
foreseeable conflicts of interest resulting from such represen-
tation. The Secretary is authorized to take such actions 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 District Court which 
shall have jurisdiction to disqualify such attorney as coun-
sel to such individual in the matter. The Secretary may 
make such a motion as part of an ongoing related civil ac-
tion 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 amended— 
(1) in the first sentence— 
(A) by striking ‘‘any mandatory health or 
safety standard’’ and inserting ‘‘any provision of 
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‘‘(I) citations for significant and 
substantial violations; 
‘‘(II) citations and withdrawal 
orders 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 
(other than orders issued under sub-
sections (j) or (k) of section 103); and 
‘‘(V) accidents and injuries; or 
‘‘(ii) a pattern consisting of any com-
bination of citations, orders, accidents, or 
injuries described in subclauses (I) through 
(V). 
‘‘(B) MITIGATING
CIRCUMSTANCES.—Not-
withstanding subparagraph (A), if the Secretary, 
after conducting an assessment of a coal or other 
mine that otherwise qualifies for pattern status, 
certifies that there are mitigating circumstances 
wherein the operator has already implemented 
remedial measures that have reduced risks to the 
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health and safety of miners to the point that 
such risks are no longer elevated and has taken 
sufficient measures to ensure such elevated risk 
will not recur, the Secretary may deem such 
mine to not be in pattern status under this sub-
section. The Secretary shall issue any such cer-
tification of such mitigating circumstances that 
would preclude the placement of a mine in pat-
tern status as a written finding, which shall, not 
later than 10 days after the certification is 
made, be— 
‘‘(i) made available on the public 
website of the Mine Safety and Health Ad-
ministration; 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 Sen-
ate. 
‘‘(C) FREQUENCY.—Not less frequently than 
every 6 months, the Secretary shall identify any 
mines which meet the criteria set forth in para-
graph (8). 
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‘‘(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 operator 
to cause all persons to be withdrawn from such 
mine, except those persons referred to in sub-
section (c) or authorized by an order of the Sec-
retary issued under this subsection; 
‘‘(C) issue a remediation order described in 
paragraph (3) to such operator within 3 days; 
and 
‘‘(D) require that the number of regular in-
spections of such mine required under section 
103 be increased to 8 per year 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 
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more of the following requirements, pursuant to 
a timetable for commencing and completing such 
actions or as a condition of miners reentering 
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 program 
approved by the Secretary, including— 
‘‘(I) the employment of safety pro-
fessionals, certified persons, and ade-
quate 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. 
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‘‘(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, or 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 
necessary, to protect the health and safety of 
miners. If the mine operator fails to fully comply 
with the remediation order during the time a 
mine is in pattern status, the Secretary shall re-
instate 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. 
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‘‘(4) CONDITIONS FOR LIFTING A WITHDRAWAL 
ORDER.—A withdrawal order issued under paragraph 
(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 cor-
rected 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. 
‘‘(5) PERFORMANCE EVALUATION.— 
‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall evaluate the performance of each 
mine in pattern status every 90 days during 
which the mine is producing and determine if, 
for such 90-day period— 
‘‘(i) the rate of citations at such mine 
for significant and substantial violations— 
‘‘(I) is in the top performing 35th 
percentile of such rates, respectively, 
for all mines of similar size and type; 
or 
‘‘(II) has been reduced by 70 per-
cent from the date on which such mine 
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was placed in pattern status, provided 
that the rate of such violations is not 
greater than the mean for all mines of 
similar size and type; 
‘‘(ii) the accident and injury rates at 
such mine are in the top performing 35th 
percentile of such rates, respectively, for all 
mines of similar size and type; and 
‘‘(iii) no citations or withdrawal or-
ders for a violation under section 104(d), no 
withdrawal orders for imminent danger 
under section 107 (issued in connection 
with a citation), and no flagrant violations 
within the meaning of section 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 mod-
ify the remediation order, as necessary, to pro-
tect the health and safety of miners. 
‘‘(6) TERMINATION OF PATTERN STATUS.— 
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‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall remove a coal or other mine from 
pattern status if, for a 1-year period during 
which the mine is producing— 
‘‘(i) the rate of citations at such mine 
for significant and substantial violations— 
‘‘(I) is in the top performing 25th 
percentile of such rates, respectively, 
for all mines of similar size and type; 
or 
‘‘(II) has been reduced by 80 per-
cent from the date on which such mine 
was placed in pattern status, provided 
that the rate of such violations is not 
greater than the mean for all mines of 
similar size and type; 
‘‘(ii) the accident and injury rates at 
such mine are in the top performing 25th 
percentile of such rates, respectively, for all 
mines of similar size and type; and 
‘‘(iii) no citations or withdrawal or-
ders for violations under section 104(d), no 
withdrawal orders for imminent danger 
under section 107 (issued in connection 
with a citation), and no flagrant violations 
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within the meaning of section 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 subpara-
graph (A), the Secretary shall extend the mine’s 
placement in pattern status until such bench-
marks are achieved. 
‘‘(C) CONSTRUCTION.—A withdrawal order 
issued as the result of a condition that was en-
tirely beyond the operator’s ability to prevent or 
control shall not preclude the operator from 
being removed from pattern status, provided the 
operator did not cause or allow miners to be ex-
posed to the condition in violation of any provi-
sion of this Act or a mandatory health or safety 
standard or regulation promulgated under this 
Act. 
‘‘(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). 
‘‘(8) REGULATIONS.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of the Robert C. 
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Byrd Miner Safety and Health Act of 2010, the 
Secretary shall issue interim final regulations 
that shall define— 
‘‘(i) the threshold benchmarks to trigger 
pattern status under paragraph (1) and 
cause a withdrawal order to be issued or re-
issued; and 
‘‘(ii) the performance benchmarks de-
scribed in paragraphs (5)(A) and (6)(A). 
‘‘(B) THRESHOLD BENCHMARKS.—In estab-
lishing threshold benchmarks to trigger pattern 
status for mines with significantly poor compli-
ance that contributes to unsafe or unhealthy con-
ditions, the Secretary— 
‘‘(i) shall— 
‘‘(I) consider rates of citations 
and orders described in paragraph 
(1)(A) and rates of reportable accidents 
and injuries within the preceding 180- 
day period; and 
‘‘(II) assign appropriate weight to 
various types of citations, orders, acci-
dents, injuries, or other factors; and 
‘‘(ii) may include— 
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‘‘(I) factors such as mine type, 
production levels, number of miners, 
hours worked by miners, number of 
mechanized mining units (or similar 
production characteristics), and the 
presence of a representative of miners 
at the mine for purposes of collective 
bargaining; 
‘‘(II) the mine’s history of cita-
tions, violations, orders, and other en-
forcement actions, or rates of report-
able accidents and injuries, over any 
period determined relevant by the Sec-
retary; and 
‘‘(III) 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 Robert 
C. Byrd Miner Safety and Health Act of 2010, 
the Secretary shall promulgate a final regulation 
implementing this paragraph. 
‘‘(9) PUBLIC DATABASE AND INFORMATION.—The 
Secretary shall establish and maintain a publically 
available electronic database containing the data used 
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to determine pattern status for all coal or other mines 
which shall be updated as frequently as practicable. 
Such database shall be searchable and have the capac-
ity to provide comparative data about the health and 
safety at mines of similar sizes and types. The Sec-
retary shall also make publicly available— 
‘‘(A) a list of all mines the Secretary places 
in pattern status, updated within 7 days of plac-
ing an additional mine in pattern status; 
‘‘(B) the metrics, including percentile infor-
mation, used for the purposes of the performance 
benchmarks and threshold benchmarks described 
in paragraphs (5), (6), and (8); and 
‘‘(C) guidance for the use of such metrics 
and benchmarks to assist operators in deter-
mining the performance their mines under cri-
teria established by the Secretary. 
‘‘(10) OPERATOR FEES FOR ADDITIONAL INSPEC-
TIONS.— 
‘‘(A) ASSESSMENT AND COLLECTION.—Be-
ginning 120 days after the date of enactment of 
the Robert C. Byrd Miner Safety and Health Act 
of 2010, the Secretary shall assess and collect 
fees, in accordance with this paragraph, from 
each coal or other mine in pattern status for the 
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rate in effect during the preceding fiscal year, 
until 5 days after the date such regular appro-
priation is enacted. 
‘‘(D) COLLECTION
AND
CREDITING
OF 
FEES.—Fees authorized and collected under this 
paragraph shall be deposited and credited as off-
setting collections to the account providing ap-
propriations to the Mine Safety and Health Ad-
ministration and shall not be collected for any 
fiscal year except to the extent and in the 
amount provided in advance in appropriation 
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 regulations 
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 subsection 
(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 approved 
have materially changed and that continued oper-
ation of such mine under such plan constitutes a haz-
ard to the safety or health of miners, the Secretary 
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 Sec-
retary has approved a new plan.’’. 
SEC. 205. CHALLENGING A DECISION TO APPROVE, MODIFY, 
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 fol-
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lowing: ‘‘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 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’ re-
quired plans and plan amendments, including— 
(1) factors that contribute to any delays in the 
approval of these plans; and 
(2) as appropriate, recommendations for improv-
ing timeliness of plan review and for achieving 
prompt decisions. 
TITLE III—PENALTIES 
SEC. 301. CIVIL PENALTIES. 
(a) TECHNICAL CORRECTION.—Section 110(a)(1) (30 
U.S.C. 820(a)(1)) is amended by inserting ‘‘including any 
regulation promulgated under this Act,’’ after ‘‘this Act,’’. 
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(b) INCREASED CIVIL PENALTIES DURING PATTERN 
STATUS.—Section 110(b) (30 U.S.C. 820(b)) is amended by 
adding at the end the following: 
‘‘(3) Notwithstanding any other provision of this Act, 
an operator of a coal or other mine that is in pattern status 
under section 104(e) and that fails to meet the performance 
benchmarks set forth by the Secretary under section 
104(e)(5)(A) during any performance review of the mine 
following the first performance review shall be assessed an 
increased civil penalty for any violation of this Act, includ-
ing any mandatory health or safety standard or regulation 
promulgated under this Act. Such increased penalty shall 
be twice the amount that would otherwise be assessed for 
the violation under this Act, including the regulations pro-
mulgated under this Act, subject to the maximum civil pen-
alty established for the violation under this Act. This para-
graph shall apply to violations at such mine that occur dur-
ing the time period after the operator fails to meet the per-
formance benchmarks in this paragraph, and ending when 
the Secretary determines at a subsequent performance re-
view that the mine meets the performance benchmarks 
under section 104(e)(5)(A).’’. 
(c) CIVIL
PENALTY
FOR
RETALIATION.—Section 
110(a) (30 U.S.C. 820(a)) is further amended— 
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(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) If any person violates section 105(c), the Sec-
retary shall propose, and the Commission shall assess, a 
civil penalty of not less than $10,000 or more than $100,000 
for the first occurrence of such violation, and not less than 
$20,000 or more than $200,000 for any subsequent viola-
tion, during any 3-year period.’’. 
SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DI-
RECTORS, AND AGENTS. 
Section 110(c) (30 U.S.C. 820(c)) is amended to read 
as follows: 
‘‘(c) CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DI-
RECTORS, AND AGENTS.—Whenever an operator violates a 
provision of this Act, including any mandatory health or 
safety standard or regulation promulgated under this Act, 
or knowingly violates or fails or refuses to comply with any 
order issued under this Act or any order incorporated in 
a final decision issued under this Act, any director, officer, 
or agent of such operator who knowingly authorized, or-
dered, or carried out such violation, failure, or refusal, or 
any policy or practice that resulted in such violation, fail-
ure, or refusal, shall be subject to the same civil penalties, 
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fines, and imprisonment that may be imposed upon a per-
son under this section.’’. 
SEC. 303. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 110(d) (30 U.S.C. 820(d)) 
is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Any operator’’; 
(2) by striking ‘‘willfully’’ and inserting ‘‘know-
ingly’’; and 
(3) by striking ‘‘by a fine of not more than’’ and 
all that follows and inserting ‘‘as follows: 
‘‘(A) By a fine of not more than $250,000, or by 
imprisonment for not more than 1 year, or both. 
‘‘(B) If the conviction is for a violation com-
mitted after a previous conviction of such operator for 
a violation of the same mandatory health or safety 
standard, by a fine of not more than $1,000,000, or 
by imprisonment for not more than 5 years, or both. 
‘‘(C) If the conviction is for a violation com-
mitted after a previous conviction of such operator for 
a violation of an order, by a fine of not more than 
$1,000,000, or by imprisonment for not more than 5 
years, or both. 
‘‘(D) If the operator’s actions knowingly exposed 
miners to a significant risk of serious injury or ill-
ness or death, by a fine of not more than $1,000,000, 
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