I 
110TH CONGRESS 
1ST SESSION H. R. 2768 
To establish improved mandatory standards to protect miners during 
emergencies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2007 
Mr. GEORGE MILLER of California (for himself, Mr. RAHALL, Ms. WOOLSEY, 
Mr. MURTHA, Mr. KUCINICH, Mr. CHANDLER, Mr. HARE, Mr. BISHOP 
of New York, Mr. MOLLOHAN, Mr. PAYNE, Mr. HOLT, Mr. SARBANES, 
and Mr. YARMUTH) introduced the following bill; which was referred to 
the Committee on Education and Labor 
A BILL 
To establish improved mandatory standards to protect miners 
during emergencies, 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 
‘‘Supplemental Mine Improvement and New Emergency 
Response Act of 2007’’ or the ‘‘S–MINER Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Sense of Congress. 
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Sec. 3. Definitions; references. 
Sec. 4. Supplementing emergency response plans. 
Sec. 5. Supplementing enforcement authority. 
Sec. 6. Supplementing rescue, recovery, and incident investigation authority. 
Sec. 7. Respirable dust standards. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) while the Mine Improvement and New 
Emergency Response Act of 2006 (Public Law 109– 
236) was an essential first step in addressing the 
many health and safety hazards that miners still 
face, supplemental action is necessary and feasible to 
better protect miners in coal and other mines; and 
(2) whereas the Secretary of Labor has failed 
in recent years to adequately fulfill the Secretary’s 
obligations under the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et seq.), addi-
tional Congressional intervention is needed. 
SEC. 3. DEFINITIONS; REFERENCES. 
(a) DEFINITIONS.—As used in this Act— 
(1) the term ‘‘Secretary’’ refers to the Sec-
retary of Labor; and 
(2) any other term used in this Act that is de-
fined in section 3 of the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 802) shall have the 
meaning given the term in such section. 
(b) REFERENCES.—Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal 
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is expressed in terms of an amendment to, or repeal of, 
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.). 
SEC. 4. SUPPLEMENTING EMERGENCY RESPONSE PLANS. 
(a) POST
ACCIDENT
COMMUNICATIONS.—Section 
316(b)(2)(F)(ii) (30 U.S.C. 876(b)(2)(F)(ii)) is amend-
ed— 
(1) by striking ‘‘Not later than’’ and inserting 
‘‘(II) Not later than’’; and 
(2) by inserting after the clause designation the 
following ‘‘(I) Not later than 120 days after the en-
actment of the S–MINER Act, a plan shall, to be 
in approved status, provide for a post accident com-
munication system between underground and surface 
personnel, and for an electronic tracking system per-
mitting surface personnel to determine the location 
of any persons trapped underground, that utilizes a 
system at least as effective as a ‘leaky feeder’ type 
communication and tracking system currently in use 
in the industry. These systems shall be ‘hardened’ to 
the extent possible to ensure, to the greatest extent 
possible, their survivability in the event of a mine 
disaster. In addition, to be in approved status, an 
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emergency response a plan must be revised promptly 
to incorporate new technology which the National 
Institute for Occupational Safety and Health cer-
tifies can be added to the existing system to improve 
its ability to facilitate post-accident communication 
with or tracking of miners. No miner shall be dis-
ciplined based solely on information obtained from 
an electronic communications and tracking system.’’ 
(b) 
UNDERGROUND
REFUGES.—Section 
316(b)(2)(E) (30 U.S.C. 876(b)(2)(E)) is amended by 
adding at the end the following: 
‘‘(vi) Not later than June 15, 2008, the 
Secretary shall issue final regulations, con-
sistent with the design criteria recommended by 
NIOSH and section 13 of the MINER Act, re-
quiring the installation of rescue chambers in 
the working areas of underground coal mines. 
Not later than December 15, 2007, a plan 
shall, to be considered approved, provide for the 
maintenance of refuges within 1,000 feet of the 
nearest working face in each working section of 
an underground coal mine, meeting such cri-
teria as the Secretary certifies are as protective 
as the requirements in any State which already 
requires refuges at such locations. No mine lo-
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cated in a State which, as of the date of enact-
ment of the S–MINER Act, requires refuges at 
such locations shall be required to take addi-
tional actions under this clause.’’. 
(c) IMPROVEMENTS TO SEALS, VENTILATION CON-
TROLS, AND ROCK DUSTING TO LIMIT THE DAMAGE 
FROM EXPLOSIONS.— 
(1) REPEAL.—The Mine Improvement and New 
Emergency Response Act of 2006 (30 U.S.C. 801 
note) is amended by striking section 10 and redesig-
nating sections 11 through 14 as sections 10 
through 13, respectively. 
(2) SEALS.—Section 303(z) of the Mine Safety 
and Health Act (30 U.S.C. 863(z)) is amended by 
adding at the end the following: 
‘‘(4) Not later than December 15, 2007, the Sec-
retary shall issue final rules regarding approval, design, 
construction, inspection, maintenance and monitoring of 
underground coal mine seals. The Secretary shall inspect 
all seals under construction after that date, during at least 
part of their construction, to ensure the mine operator is 
complying with the approved seal plan, and shall develop 
an inspection protocol for this purpose. Except as other-
wise provided by this paragraph, these regulations shall 
implement the recommendations of the National Institute 
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of Occupational Safety and Health. The regulations shall 
require that all areas of the mine sealed after June 15, 
2007 shall be monitored. Monitoring of seals shall be done 
both by— 
‘‘(A) sampling through at least 1 seal in each 
bank of seals; and 
‘‘(B) sampling through a sufficient number of 
boreholes from the surface to the sealed areas un-
derground to effectively determine the gas con-
centrations within the area.’’. 
(3) VENTILATION CONTROLS.—Section 303(c) 
(30 U.S.C. 863) is amended by inserting at the end 
the following new paragraph: 
‘‘(4) Not later than 1 year after the date of enact-
ment of the S–MINER Act, the Secretary shall publish 
interim final regulations to enhance the survivability of 
underground mine ventilation controls. The Secretary 
shall require that brattice walls, overcasts, undercasts, 
regulators, and all other ventilation structures be con-
structed using solid concrete blocks laid wet and sealed 
with an appropriate bonding agent on at least the side 
subjected to the velocity of the intake air coursing through 
the entry.’’. 
(4) 
ROCK
DUSTING.—Section 
304(d) 
(30 
U.S.C. 864) is amended by adding at the end the 
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following: ‘‘Not later than June 15, 2009, the Na-
tional Institute for Occupational Safety and Health 
shall issue recommendations as to whether changes 
to these requirements are necessary to ensure an 
equivalent level of protection in light of any changes 
to the to the size and composition of coal dust since 
these requirements were established, and the Sec-
retary of Labor shall take appropriate action, includ-
ing the issuance of an emergency temporary stand-
ard if warranted, to respond to these recommenda-
tions.’’. 
(d) LIMITING CONVEYOR BELT RISKS.— 
(1) FLAME
RESISTANT
CONVEYOR
BELTS.— 
Section 311(h) is amended by adding at the end the 
following: ‘‘Not later than December 31, 2007, the 
Secretary shall publish interim final regulations to 
ensure that all conveyor belts in use in underground 
coal mines are replaced, as soon as practicable, with 
belts that can meet the flame resistance require-
ments recommended by the National Institute for 
Occupational Safety and Health. Any conveyor belt 
installed in a coal mine after December 31, 2008 
shall meet the flame resistance requirements rec-
ommended by the National Institute for Occupa-
tional Safety and Health. Such action by the Sec-
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retary shall not diminish in any way the obligation 
of the Secretary to take appropriate additional ac-
tion under this Act following completion of the re-
ports by the Technical Study Panel pursuant to sec-
tion 514.’’. 
(2) BELT AIR.—Section 303(y) (30 U.S.C. 863) 
is amended by adding at the end the following: 
‘‘(3) Not later than June 20, 2008, the Secretary 
shall revise the regulations prescribed pursuant to this sec-
tion to require, in any coal mine, regardless of the date 
on which it was opened, that belt haulage entries not be 
used to ventilate active working places. 
‘‘(4) No proposed plan, or proposed modification, 
that utilizes belt haulage entries to ventilate active work-
ing places shall be approved after the date of enactment 
of the S–MINER Act. Plans that have been approved by 
the Secretary prior to the date of enactment of the S– 
MINER Act that permit the use of belt-air to ventilate 
active working places in a mine are permitted to remain 
in use to complete current mining up until the date of 
issuance of the regulation required pursuant to subsection 
(3). 
‘‘(5) Nothing in this subsection shall limit the obliga-
tion of the Secretary to take appropriate additional action 
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under this Act following completion of the reports by the 
Technical Study Panel, pursuant to section 514.’’. 
(e) PRE-SHIFT REVIEW OF MINE CONDITIONS.— 
Section 303(d) (30 U.S.C. 863(d)) is amended by adding 
at the end the following new paragraph: 
‘‘(3) Not later than 90 days after the date of enact-
ment of the S–MINER Act, all mine operators shall be 
required to implement a communication program at each 
of its facilities to insure management and miners entering 
the operation at the start of their shift are aware of the 
current conditions of the mine in general and their specific 
workplace in particular. In an effort to facilitate these 
communications, all agents of the operator who are re-
sponsible for ensuring the safe and healthful working con-
ditions at the mine, including mine foremen, assistant 
mine foremen, and mine examiners, shall, upon exiting the 
mine or workplace, meet with their counterparts on the 
oncoming shift to verbally update them on the conditions 
they observed during their shift, including any conditions 
that are abnormal or hazardous. Prior to entering the 
mine or other workplace the on-coming agent of the oper-
ator shall meet with all members of the crew they are re-
sponsible for and inform them of the general conditions 
at the operation and in their specific work area. This proc-
ess shall be completed prior to the start of each shift at 
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the operation and recorded in a book designated for that 
purpose and available for inspection by all interested par-
ties. In the event the operation is idle prior to the start 
of any shift the agent of the operator shall meet with the 
individual or individuals who were responsible for exam-
ining the mine to obtain the necessary information.’’. 
(f) ATMOSPHERIC MONITORING SYSTEMS.—Section 
317 (30 U.S.C. 877) is amended by adding at the end 
the following: 
‘‘(u) Not later than May 1, 2008, an operator of an 
underground mine shall install atmospheric monitoring 
systems in all underground areas where miners normally 
work and travel that provide real-time information regard-
ing methane levels, carbon monoxide levels, oxygen levels, 
air flow, smoke, and temperature, and that can, to the 
maximum extent possible, withstand explosions and 
fires.’’. 
(g) METHANE
MONITORS.—Section 303(h) (30 
U.S.C. 863(h)) is amended by redesignating paragraph 
(2) as paragraph (3), and inserting after paragraph (1) 
the following new paragraph: 
‘‘(2) Each miner who may be working alone for part 
of a shift shall be equipped with a multi-gas detector that 
measures current levels of methane, oxygen, and carbon 
monoxide.’’. 
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(h) LIGHTNING.— 
(1) ADMINISTRATIVE ACTION.—Section 307 (30 
U.S.C. 867) is amended by adding at the end the 
following: 
‘‘(f) In the event lightning is present in or around 
a mining operation, mine operators who cannot fully pro-
tect their miners from the effects of lightning through 
grounding and other engineering controls shall use appro-
priate administrative controls to do so, including with-
drawal of miners from all underground areas of the mine. 
Failure to take appropriate administration action shall be 
treated as a significant and substantial violation of the 
this Act. Miners withdrawn as a result of this action shall 
suffer no loss in pay or other compensation.’’. 
(2) 
STUDY
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 1 year after the date of 
enactment of this Act, the National Academy of 
Sciences shall submit to the Secretary and to Con-
gress recommendations on— 
(A) actions that need to be taken to 
strengthen existing requirements in law or reg-
ulations to ensure that miners are protected, to 
the fullest extent permitted, from potential 
damage that could be generated because of 
lightning strikes near a mine; 
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(B) recommendations for adopting any ex-
isting technology to the mining environment; 
and 
(C) research needed for improved tech-
nology. 
(i) SCSR INSPECTION PROGRAM.—The Secretary 
shall— 
(1) establish a program to randomly remove 
and have tested at least 5 percent of the field sam-
ples of each model of self-rescue device used in an 
underground coal mine no less frequently than every 
6 months, in order to ensure that the self-rescue de-
vices in coal mine inventories are working in accord-
ance with the approval criteria for such devices, and 
mine operators shall be responsible for the costs to 
replace required self-rescue devices taken from their 
operation by the Secretary for random testing; 
(2) require a manufacturer of a self-rescue de-
vice and the mine operator who owns a device to 
contact the Secretary immediately upon notification 
of any potential problem with any such device, and 
provide a copy of such notice to the representative 
of miners at the affected operation; and 
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(3) notify immediately all operators of under-
ground coal mines if the Secretary detects or is ad-
vised of any problems with the self-rescue devices. 
(j) APPLICATION
TO UNDERGROUND METAL
AND 
NONMETAL MINES.—The Secretary shall promptly estab-
lish an advisory committee to provide recommendations as 
to the need to revise the regulations applicable to under-
ground metal and nonmetal mines to ensure that miners 
in such mines are as protected in emergency situations 
as will be underground coal miners following the full im-
plementation of the Mine Improvement and New Emer-
gency Response Act of 2006, the provisions of this Act, 
and related actions by the Secretary. The advisory com-
mittee shall be established pursuant to the Advisory Com-
mittee Act, and shall provide recommendations to the Sec-
retary and to Congress not later than 21 months after 
the date of enactment of this Act, including recommenda-
tions as to any action by Congress that could facilitate 
the goal of providing equivalent protections to miners in 
underground metal and nonmetal mines. 
(k) APPROVAL CENTER PRIORITIES.—The Secretary 
shall expedite the process for approving any— 
(1) self-rescue device that permits the replen-
ishment of oxygen without requiring the device user 
to remove the device; and 
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(2) underground communication device that 
provides for communication between underground 
and surface personnel via a wireless two-way me-
dium. 
(l) TECHNOLOGY AND MINE EMERGENCY HEALTH 
AND SAFETY RESEARCH PRIORITIES.—In implementing 
its research activities in the 5-year period beginning on 
the date of enactment of this Act, the National Institute 
for Occupational Safety and Health shall give due consid-
eration to new technologies, and existing technologies that 
could be adapted for use in underground coal or other 
mines, that could facilitate the survival of miners in a min-
ing emergency. Such technologies include— 
(1) self-contained self-rescue devices capable of 
delivering enhanced performance; 
(2) improved battery capacity and common con-
nection specifications to enable emergency commu-
nication devices for miners to be run from the same 
portable power source as a headlamp, continuous 
dust monitor, or other device carried by a miner; 
(3) improved technology for assisting mine res-
cue teams, including devices to enhance vision dur-
ing rescue or recovery operations; 
(4) improved technology, and improved proto-
cols for the use of existing technologies, to enable 
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conditions underground to be assessed promptly and 
continuously in emergencies, so as to facilitate the 
determination by appropriate officials of the instruc-
tions to provide both to miners trapped underground 
and to mine rescue teams and others engaged in res-
cue efforts; 
(5) improvements to underground mine ventila-
tion controls separating mine entries to be more re-
sistant to mine fires and explosions, particularly in 
those entries used for miners escapeways; 
(6) mine-wide monitoring systems and strate-
gies that can monitor mine gases, oxygen, air flows, 
and air quantities at strategic locations throughout 
the mine that would be functional during normal 
mining operations and following mine fires, explo-
sions, and roof falls, including systems utilizing 
monitoring sensors that transfer data to the mine 
surface and the installation of tubing to draw mine 
gas samples that are distributed throughout the 
mine and can quickly deliver samples to the mine 
surface; and 
(7) protective strategies for the placement of 
equipment, cables, and devices that are to be utilized 
during mine emergencies such as communication 
systems, oxygen supplies, and mine atmosphere 
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monitoring systems, to protect them from mine fires, 
roof falls, explosions, and other damage. 
SEC. 5. SUPPLEMENTING ENFORCEMENT AUTHORITY. 
(a) AUTHORITY OF INSPECTORS.—Section 103 (30 
U.S.C. 813) is amended— 
(1) in subsection (a), by adding at the end the 
following: ‘‘No person shall limit or otherwise pre-
vent the Secretary from entry on a coal or other 
mine, or interfere with the Secretary’s inspection ac-
tivities, investigative activities, or rescue or recovery 
activities.’’; and 
(2) in subsection (k)— 
(A) by striking ‘‘, when present,’’; and 
(B) by adding at the end the following: ‘‘In 
the event of any accident occurring in a coal or 
other mine, where rescue and recovery work is 
necessary, the Secretary or an authorized rep-
resentative of the Secretary shall take whatever 
action the Secretary deems appropriate to pro-
tect the life of any person, and may supervise 
and direct the rescue and recovery activities in 
such mine.’’. 
(b) TRANSITION TO A NEW GENERATION OF INSPEC-
TORS.—Section 505 (30 U.S.C. 954) is amended— 
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(1) by striking ‘‘The Secretary’’ the first place 
it appears and inserting ‘‘(a) The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(b) Within 270 days of the enactment of the S– 
MINER Act, the Secretary shall establish a Master In-
spector program to ensure that the most experienced and 
skilled employees in the Nation have the incentive, in 
terms of responsibilities and pay, to serve as mine safety 
and health inspectors in this Nation’s mines. 
‘‘(c) In order to ensure that the Secretary has ade-
quate time to provide that a sufficient number of qualified 
and properly trained inspectors of the Mine Safety and 
Health Administration are in place before any inspectors 
employed as of the date of enactment of the S–MINER 
Act retire, any ceilings on the number of personnel that 
may be employed by the Administration with respect to 
mine inspectors are abolished for the 5-year period begin-
ning on the date of enactment of such Act. 
‘‘(d) In the event that, notwithstanding the actions 
taken by the Secretary to hire and train qualified inspec-
tors, the Secretary is temporarily unable, at any time dur-
ing the 5-year period beginning on the date of enactment 
of the S–MINER Act, to employ the number of inspectors 
required to staff all district offices devoted to coal mines 
at the offices’ highest historical levels without transferring 
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personnel from supervisory or plan review activities or di-
minishing current inspection resources devoted to other 
types of mines, the Administration is authorized to hire 
retired inspectors on a contractual basis to conduct mine 
inspections, and the retirement benefits of such retired in-
spectors shall not be reduced as a result of such temporary 
contractual employment. 
‘‘(e) During the 5-year period beginning on the date 
of enactment of the S–MINER Act, the Secretary shall 
issue a special report to the appropriate committees of 
Congress each year, or at such more frequent intervals 
as the Secretary or any such committee may consider ap-
propriate, providing information about the actions being 
taken under this section, the size and training of the in-
spector workforce at the Mine Safety and Health Adminis-
tration, the level of enforcement activities, and the number 
of requests by individual operators of mines for compliance 
assistance.’’. 
(c) OFFICE
OF MINER OMBUDSMAN.—Title V is 
amended by adding at the end the following: 
‘‘SEC. 516. OFFICE OF MINER OMBUDSMAN. 
‘‘(a) ESTABLISHMENT
OF MINER OMBUDSMAN.— 
There shall be established, within the Office of the Inspec-
tor General of the Department of Labor, the position of 
Miner Ombudsman. The President, by and with the advice 
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and consent of the Senate, shall appoint an individual with 
expertise in mine safety and health to serve as the Miner 
Ombudsman. 
‘‘(b) DUTIES.—The Miner Ombudsman shall— 
‘‘(1) be primarily responsible for ensuring that 
the rights of miners are upheld to the full extent in-
tended in the Federal Mine Safety and Health Act 
of 1977 and regulations issued under such Act; 
‘‘(2) be responsible for establishing practices to 
ensure the confidentiality of the identity of miners, 
and the families or personal representatives of the 
miners, who contact mine operators, authorized rep-
resentatives of the miners, the Mine Safety and 
Health Administration, the Department of Labor, or 
others with information about mining conditions 
that may threaten, or have recently threatened, as of 
the time of the contact, miner safety or health, while 
ensuring that the Mine Safety and Health Adminis-
tration has the information needed to promptly in-
vestigate such complaints; 
‘‘(3) establish a toll-free telephone number and 
appropriate Internet website to permit individuals to 
confidentially report possible mine mandatory health 
or safety standard violations or concerns; 
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‘‘(4) collect and forward information concerning 
possible mine safety or health violations or concerns 
to the appropriate officials of the Mine Safety and 
Health Administration for investigation; 
‘‘(5) monitor the Secretary of Labor’s efforts to 
protect miners who report that their rights under 
section 105(c) have been violated, and report to 
Congress any recommendations that would enhance 
such rights or protections; and 
‘‘(6) carry out public outreach and other activi-
ties to facilitate the transmission, to the Secretary of 
Labor, of information that could help avoid mine ac-
cidents. 
‘‘(c) AUTHORITY.—The Ombudsman shall be for-
warded all complaints of operator violations of any section 
of this Act or regulations prescribed under this Act that 
are reported to the Secretary. This shall include com-
plaints submitted in writing, via the code-a-phone, or oral-
ly, along with all relevant information available regarding 
the complainant. All such information shall be retained in 
a confidential manner pursuant to the Privacy Act of 
1974. The Ombudsman shall use such information to en-
sure that miners’ complaints are addressed in a timely 
manner and in compliance with the appropriate statutes 
and regulations. The Ombudsman shall have authority to 
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ensure that all complaints were handled in such fashion, 
and to determine what remedy, if any, was prescribed, and 
all personnel of the Department shall cooperate with re-
quests by the Ombudsman for information in this regard. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are hereby authorized to be appropriated to the Ombuds-
man such sums as may be required for the implementation 
of his duties out of the sums otherwise made available to 
the Mine Safety and Health Administration for its activi-
ties. The Ombudsman shall have the authority to hire per-
sonnel and otherwise provide for the administration of his 
office in accordance with applicable law.’’. 
(d) PATTERN OF VIOLATIONS.— 
(1) PROMPT IDENTIFICATION OF PATTERN.— 
Not later than 3 months after the date of enactment 
of the S–MINER Act, the Secretary shall revise the 
regulations issued by the Secretary under section 
104(e) of the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 814(e)) as in effect on the day 
before such date of enactment, so that the regula-
tions provide that— 
(A) when a potential pattern of violations 
is identified by any inspector or district man-
ager of the Mine Safety and Health Adminis-
tration, the operator of the coal or other mine 
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and the authorized representative of miners for 
the mine shall be notified by the inspector or 
district manager not later than 10 days after 
such identification; and 
(B) after receiving the notification de-
scribed in subparagraph (A), the appropriate 
official of the Mine Safety and Health Adminis-
tration shall promptly review any such potential 
pattern of violations and, not later than 45 
days after receiving such notification, make a 
final decision as to whether a citation for a vio-
lation of section 104(e) of such Act should be 
issued in light of the gravity of the violations 
and the operator’s conduct in connection there-
with. 
(2) IDENTIFICATION
OF
PATTERN.—Section 
104(e)(1) (30 U.S.C. 814(e)(1)) is amended by in-
serting after the first sentence the following: ‘‘In de-
termining whether a pattern of violations exists, the 
Secretary shall give due consideration to all relevant 
information, such as the gravity of the violations, 
operator negligence, history of violations, the num-
ber of inspection shifts the Secretary or her agents 
have spent at the operation, and the frequency of 
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violations per number of inspection days spent at the 
operation.’’. 
(3) 
TERMINATION
OF
PATTERN.—Section 
104(e)(3) (30 U.S.C. 814(e)(3)) is amended by add-
ing at the end the following: ‘‘In addition, if an op-
erator subject to paragraphs (1) and (2) dem-
onstrates objective evidence that they are correcting 
the problems that gave rise to the pattern of viola-
tions, and the violation frequency rate for such oper-
ator declines significantly for a period of 180 days, 
the withdrawal order provisions of paragraphs (1) 
and (2) shall no longer apply.’’. 
(4) FINE FOR A PATTERN OF VIOLATIONS.— 
Section 110 (30 U.S.C. 820) is amended— 
(A) 
by 
redesignating 
subsections 
(i) 
through (l) as subsections (j) through (m), re-
spectively; and 
(B) by inserting after subsection (h) the 
following: 
‘‘(i)(1) If the Secretary determines that a pattern of 
violations under section 104(e) exists, the Secretary shall 
assess a penalty, in addition to any other penalty author-
ized in this Act for a violation of such section, of not less 
than $50,000 nor more than $250,000. All operators of 
the mine, including any corporate owners, shall be jointly 
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and severally liable for such penalty. The amount of the 
assessment under this paragraph shall be designed to en-
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: 
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‘‘(1) An operator issued a citation pursuant to sub-
section (a) shall notify the Secretary that the operator has 
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.’’. 
(f) FAILURE TO TIMELY PAY PENALTY ASSESS-
MENTS.—Section 105(a) (30 U.S.C. 815(a)) is amended 
by striking the third sentence and inserting the following: 
‘‘The operator 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 to place in escrow the amount of the proposed assess-
ment. 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. In the 
event that a mine operator refuses to comply with a final 
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order of the Commission to pay civil monetary penalties 
and statutory interest, the Secretary shall have the au-
thority to issue an order requiring the mine operator to 
cease production under such final orders of the Commis-
sion 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 
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(C) by adding at the end the following: ‘‘In 
settling cases, the Secretary shall utilize the 
same point system as that utilized to propose 
penalties, so as to ensure consistency in oper-
ator penalty assessments.’’; and 
(2) in section 110(k) (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 of the Federal Mine Safety 
and Health Act of 1977 (30 U.S.C. 820) is further amend-
ed by adding at the end the following: 
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‘‘(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 
of not less than $10,000 nor more than $100,000 for each 
occurrence of such violation.’’. 
(j) IMMINENT DANGER.—Section 107(a) of the Fed-
eral Mine Safety and Health Act of 1977 (30 U.S.C. 
817(a) is amended by inserting after the first sentence the 
following: ‘‘For purposes of the preceding sentence, any 
violation of section 315 or section 316, or regulations 
issued pursuant to such sections, shall be considered an 
imminent danger.’’. 
(k) CLARIFICATIONS OF INTENT IN THE 1977 ACT.— 
The Federal Mine Safety and Health Act of 1977 is 
amended— 
(1) in section 3(d) (30 U.S.C. 802)— 
(A) by inserting ‘‘mineral’’ before ‘‘owner’’; 
(B) by inserting ‘‘mineral’’ before ‘‘lessee’’; 
(C) by striking ‘‘or any independent’’ and 
inserting ‘‘and any independent’’; and 
(D) by inserting before the semicolon the 
following: ‘‘, and no operator may by contract 
or other agreement may limit any liability 
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under this Act through transfer of any respon-
sibilities to another person’’; 
(2) in section 103 (30 U.S.C. 813)— 
(A) in subsection (b), as amended by sec-
tion 105 of this Act— 
(i) by striking the first sentence of 
paragraph (2) (as designated by section 
105 of this Act) and inserting the fol-
lowing: ‘‘For the purpose of enabling the 
Secretary to perform the functions under 
this Act, the Secretary may— 
‘‘(A) after notice, hold public hearings; and 
‘‘(B) sign and issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant 
data, papers, books, documents and items of physical evi-
dence, and administer oaths, whether or not in connection 
with a public hearing.’’; and 
(ii) in the last sentence of paragraph 
(2) (as designated by section 105 of this 
Act), by striking ‘‘documents’’ and insert-
ing ‘‘data, papers, books, documents, and 
items of physical evidence’’; and 
(B) in subsection (h), in the first sentence, 
by striking ‘‘information’’ and inserting ‘‘data, 
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papers, books, documents, and items of physical 
evidence’’; 
(3) in section 104 (30 U.S.C. 814)— 
(A) in subsections (d)(1), (e)(1), (e)(2), 
(e)(3), and (e)(4), as amended by this Act, by 
inserting ‘‘or any provision of this Act’’ after 
‘‘standard’’ or ‘‘standards’’ each time either 
such term appears; and 
(B) in subsection (d)(1), as amended by 
this Act, by striking ‘‘while the conditions cre-
ated by such violation do not cause imminent 
danger’’; 
(4) in section 105 (30 U.S.C. 815)— 
(A) in subsection (a), in the first sentence, 
by striking ‘‘, within a reasonable time after the 
termination of such inspection or investiga-
tion,’’; and 
(B) by adding at the end the following: 
‘‘(e) Attorneys representing the Secretary are author-
ized to contact any miner or non-managerial employee of 
a mine operator for the purposes of carrying out the Sec-
retary’s functions under this Act and no attorney rep-
resenting the Secretary shall be disbarred or disciplined 
by any State bar or State court for making such contacts. 
No attorney representing a mine operator in a matter 
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under this Act may concurrently represent individual min-
ers in the same matter.’’; and 
(5) in section 110 (30 U.S.C. 820)— 
(A) in subsection (b)(2), by striking 
‘‘under’’ and inserting ‘‘of subsections (a) 
through (h) of’’; and 
(B) in subsection (c)— 
(i) by striking ‘‘Whenever a corporate 
operator’’ and inserting ‘‘Whenever a mine 
operator’’; 
(ii) by striking ‘‘safety standard’’ and 
inserting ‘‘safety standard or requirement 
of this Act’’; 
(iii) by inserting ‘‘partner, owner,’’ 
after ‘‘director,’’; and 
(iv) by striking ‘‘such corporation’’ 
and inserting ‘‘such mine operator’’. 
(l) FEDERAL
LICENSING.—The Secretary shall 
promptly establish an advisory committee to provide rec-
ommendations as to whether the Federal Mine Safety and 
Health Act of 1977 should provide for Federal licensing 
of mines, mine operators, mine controllers, or various mine 
personnel in order to ensure that those engaged in mining 
activities are not frequent violators of safety and health 
requirements. The advisory committee shall be established 
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pursuant to the Advisory Committee Act, and shall con-
duct a review of existing State licensing requirements, as-
sess their effectiveness, and shall provide its recommenda-
tions to Congress not later than 2 years after the date 
of enactment of this Act. 
SEC. 6. SUPPLEMENTING RESCUE, RECOVERY, AND INCI-
DENT INVESTIGATION AUTHORITY. 
(a) EMERGENCY CALL CENTER.—Not later than 30 
days after the date of enactment of this Act, the Secretary 
shall establish, within the Mine Safety and Health Admin-
istration, a central communications emergency call center 
for all coal or other mine operations that shall be staffed 
and operated 24 hours per day, 7 days per week, by 1 
or more employees of the Mine Safety and Health Admin-
istration. All calls placed to the emergency call center shall 
be answered by an individual with adequate experience 
and training to handle emergency mine situations. A sin-
gle national phone number shall be provided for this pur-
pose and the Secretary shall ensure that all miners and 
mine operators are issued laminated cards with emergency 
call center information. 
(b) CONTACT INFORMATION.—The Secretary shall 
provide the emergency call center with a contact list, up-
dated not less often than quarterly, that contains— 
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(1) the contact phone numbers, including the 
home phone numbers, for the members of each mine 
rescue team responsible for each coal or other mine; 
(2) the phone numbers for the local emergency 
and rescue services unit that is located nearest to 
each mine; 
(3) the contact phone numbers, including the 
home phone number, for the operator of each mine; 
(4) the contact phone numbers, including the 
home phone numbers, for the national and district 
officials of the Mine Safety and Health Administra-
tion; 
(5) the contact phone numbers, including the 
home phone numbers, for the State officials in each 
State who should be contacted in the event of a mine 
emergency in such State; and 
(6) the contact phone numbers, including the 
home phone number, for the authorized representa-
tive of the miners at each mine. 
Each mine operator shall ensure that the Secretary is pro-
vided with completely current information required to be 
maintained by the Secretary pursuant to paragraphs (1), 
(3), and (6). 
(c) MINE LOCATION MAPS.—The Secretary shall es-
tablish, maintain, and keep current, on the Department 
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