HR 2768 RFS 
sure a change in the future conduct of the operators and 
corporate owners of such mine with respect to mine safety 
and health, given the overall resources of such operators. 
Notwithstanding subsection (k) or section 113, a penalty 
assessed by the Secretary under this paragraph may not 
be reduced by the Commission. 
‘‘(2) In addition to the authority to withdraw miners 
from an area of a coal or other mine pursuant to section 
104(e), the Secretary shall withdraw all miners from the 
entire mine when any pattern of violations has been deter-
mined to exist until such time as the Secretary certifies 
that all identified violations have been corrected and the 
operator has agreed to abide by a written plan approved 
by the Mine Safety and Health Administration to ensure 
that such a pattern of conduct will not recur.’’. 
(e) NOTIFICATION OF ABATEMENT.—Section 104(b) 
(30 U.S.C. 814(b)) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by striking ‘‘If,’’ and inserting: 
‘‘(2) If,’’; and 
(3) by inserting after the subsection designation 
the following: 
‘‘(1) An operator issued a citation pursuant to sub-
section (a) shall notify the Secretary that the operator has 
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abated the violation involved. If such operator fails to pro-
vide such a notice to the Secretary within the abatement 
time as provided for in the citation, the Secretary shall 
issue an order that requires the operator (or the agent 
of the operator) to immediately cause all persons, except 
those persons referred to in subsection (c), to be with-
drawn from, and to be prohibited from entering, such area 
as the Secretary determines until an authorized represent-
ative of the Secretary determines that such violation has 
been abated. Notwithstanding any operator notice, no vio-
lation shall be determined to be abated until an authorized 
representative of the Secretary visits the site and deter-
mines such violation has been fully abated.’’. 
(f) FAILURE
TO TIMELY PAY PENALTY ASSESS-
MENTS.—Section 105(a) (30 U.S.C. 815(a)) is amend-
ed— 
(1) by inserting ‘‘(1)’’ after the subsection des-
ignation; and 
(2) by inserting at the end the following: 
‘‘(2)(A) The Secretary shall maintain a list of delin-
quent operators who fail to timely pay final assessments. 
Any operator placed on that list for the first time shall 
be subject to the requirements of this paragraph only until 
such time as the Secretary determines that the operator 
is no longer in arrears. Any operator placed on that list 
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for a subsequent time shall remain on the list until such 
time as the Secretary determines the operator is com-
mitted to timely payment of final assessments. Any oper-
ator who believes he or she has been placed or retained 
on the list in error may file with the Commission a request 
for consideration of decision. 
‘‘(B) An operator on the list maintained pursuant to 
paragraph (A) shall, not later than 30 days from the re-
ceipt of the notification of a citation issued by the Sec-
retary, notify the Secretary that the operator intends to 
contest the citation or proposed assessment of a penalty, 
and the operator shall place in escrow with the Secretary 
the amount of the proposed assessment. The Secretary 
shall place any escrow submitted by a mine operator for 
this purpose into an interest bearing account and shall re-
lease the funds to the operator, including interest accrued, 
upon the payment of any final assessment determination. 
If notification and proof of escrow is not provided to the 
Secretary, the citation and the proposed assessment of 
penalty shall be deemed a final order of the Commission 
and not subject to review by any court or agency. 
‘‘(C) In the event that a mine operator refuses to 
comply with a final order of the Commission to pay civil 
monetary penalties and statutory interest, the Secretary 
shall have the authority to issue an order requiring the 
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mine operator to cease production under such final orders 
of the Commission have been paid in full.’’. 
(g) MAXIMUM AND MINIMUM PENALTIES.—Section 
110(a)(1) (30 U.S.C. 820(a)(1)) is amended by striking 
‘‘more than $50,000 for each such violation.’’ and insert-
ing ‘‘less than $500 or more than $100,000 for each such 
violation, except that, in the case of a violation of a man-
datory health or safety standard that could significantly 
and substantially contribute to the cause and effect of a 
coal or other mine health or safety hazard, the penalty 
shall not be less than $1,000 or more than $150,000, for 
each such violation.’’. 
(h) FACTORS IN ASSESSING PENALTIES.—The Fed-
eral Mine Safety and Health Act of 1977 is amended— 
(1) in section 105(b)(1)(B)— 
(A) by striking: ‘‘the size of the business of 
the operator charged’’ and inserting ‘‘the com-
bined size of the business of the operator and 
any controlling entity’’; 
(B) by striking ‘‘the effect on the opera-
tor’s ability to continue in business,’’; and 
(C) by adding at the end the following: ‘‘In 
settling cases, the Secretary shall utilize the 
same point system as that utilized to propose 
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penalties, so as to ensure consistency in oper-
ator penalty assessments.’’; and 
(2) in section 110(j) (as redesignated by sub-
section (a)(4))— 
(A) by striking: ‘‘the size of the business of 
the operator charged’’ and inserting ‘‘the com-
bined size of the business of the operator and 
any controlling entity’’; 
(B) by striking ‘‘the effect on the opera-
tor’s ability to continue in business,’’; and 
(C) by adding at the end the following: ‘‘In 
any review requested by a mine operator, or in 
settling cases, the Commission shall utilize the 
same point system as that developed by the 
Secretary for proposed assessments so as to en-
sure consistency in operator penalty assess-
ments.’’. 
(i) CIVIL PENALTY
FOR INTERFERENCE
OR DIS-
CRIMINATION.—Section 110 (30 U.S.C. 820) is further 
amended by adding at the end the following: 
‘‘(n) CIVIL PENALTY FOR INTERFERENCE OR DIS-
CRIMINATION.—Any operator who is found to be in viola-
tion of section 105(c), or in violation of section 103(a) 
(as amended by this Act) shall be subject to a civil penalty 
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