I 
112TH CONGRESS 
1ST SESSION H. R. 3697 
To honor the Nation’s fallen miners by requiring improved mine safety 
practices and compliance in order to prevent future mine accidents. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2011 
Mrs. CAPITO introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on the Budget, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To honor the Nation’s fallen miners by requiring improved 
mine safety practices and compliance in order to prevent 
future mine accidents. 
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 
‘‘Mine Safety Accountability and Improved Protection 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
TITLE I—ADDITIONAL INSPECTION AND INVESTIGATION 
AUTHORITY 
Sec. 101. Establishment of National Mine Safety Board for certain investiga-
tions. 
Sec. 102. Subpoena authority and miner rights during investigations. 
Sec. 103. Designation of miner representative. 
Sec. 104. Additional amendments relating to inspections and investigations. 
TITLE II—ENHANCED ENFORCEMENT AUTHORITY 
Sec. 201. Significant and substantial violations. 
Sec. 202. A pattern of recurring noncompliance or accidents. 
Sec. 203. Injunctive Authority. 
Sec. 204. Revocation of approval of plans. 
Sec. 205. Challenging decisions related to the approval of a coal or other mine 
plan. 
TITLE III—PENALTIES 
Sec. 301. Civil penalties. 
Sec. 302. Civil and criminal liability of officers, directors, and agents. 
Sec. 303. Criminal penalties. 
Sec. 304. Conference process for appealing penalties; delinquent payments and 
prejudgment interest. 
TITLE IV—WORKER RIGHTS AND PROTECTIONS 
Sec. 401. Protection from retaliation. 
Sec. 402. Protection from loss of pay. 
TITLE V—MODERNIZING HEALTH AND SAFETY STANDARDS 
Sec. 501. Pre-shift review of mine conditions. 
Sec. 502. Atmospheric monitoring systems. 
Sec. 503. Technology related to respirable dust. 
Sec. 504. Refresher training on miner rights and responsibilities. 
Sec. 505. Authority to mandate additional training. 
Sec. 506. Certification of personnel. 
TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 
Sec. 601. Definitions. 
Sec. 602. Assistance to States. 
Sec. 603. Amendments relating to eligibility for scholarship program. 
Sec. 604. Additional training of mine inspectors. 
Sec. 605. Report on staffing needs of the Mine Safety and Health Administra-
tion. 
Sec. 606. Budget neutrality; offset. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
SEC. 2. REFERENCES. 
Wherever in this Act an amendment is expressed as 
an amendment to a section or other provision, the ref-
erence shall be considered to be made to a section or other 
provision of the Federal Mine Safety and Health Act of 
1977 (30 U.S.C. 801 et seq.). 
TITLE I—ADDITIONAL INSPEC-
TION 
AND 
INVESTIGATION 
AUTHORITY 
SEC. 101. ESTABLISHMENT OF NATIONAL MINE SAFETY 
BOARD FOR CERTAIN INVESTIGATIONS. 
Section 103(b) (30 U.S.C. 813(b)) is amended— 
(1) by striking ‘‘(b) For the purpose’’ and in-
serting the following: 
‘‘(b) ACCIDENT INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—For the purpose’’; and 
(2) by adding at the end the following: 
‘‘(2) ESTABLISHMENT
OF
NATIONAL
MINE 
SAFETY BOARD FOR CERTAIN ACCIDENT INVESTIGA-
TIONS.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished an independent board to be known as the 
National Mine Safety Board (in this paragraph 
referred to as the ‘Board’) consisting of 5 mem-
bers, including a Chairperson, who shall be ap-
pointed by the President, by and with the ad-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
vice and consent of the Senate. Members of the 
Board shall be appointed on the basis of tech-
nical qualification, professional standing, and 
demonstrated knowledge of mine safety, acci-
dent reconstruction, safety engineering, and 
human factors. The terms of office of members 
of the Board shall be 5 years. Any member of 
the Board, including the Chairperson, may be 
removed for inefficiency, neglect of duty, or 
malfeasance in office. The Chairperson shall be 
the Chief Executive Officer of the Board and 
shall exercise the executive and administrative 
functions of the Board. 
‘‘(B) INVESTIGATION
OF
CERTAIN
ACCI-
DENTS.—For any accident involving 3 or more 
deaths, the Board shall conduct an independent 
investigation to— 
‘‘(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— 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(I) the operator; 
‘‘(II) any contractors or other 
persons engaged in mining-related 
functions at the site; 
‘‘(III) any State agency with 
oversight responsibilities; 
‘‘(IV) any agency or office within 
the Department of Labor; or 
‘‘(V) any other person or entity 
(including equipment manufacturers); 
‘‘(iii) review the findings and conclu-
sions of the investigation conducted 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 
agencies, or Congress, regarding pol-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
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 Board withhold in relation to a crimi-
nal referral) and hold public meetings to 
inform the mining community and families 
of affected miners of the Board’s findings 
and recommendations. 
‘‘(C) SUBPOENA POWER AND ADMINISTRA-
TION OF OATHS.—In carrying out its authority, 
the National Mine Safety Board may issue sub-
poenas (in accordance with Rule 45 of the Fed-
eral Rules of Civil Procedure) for the attend-
ance and testimony of witnesses and the pro-
duction of information, including all relevant 
data, papers, books, documents, items of phys-
ical evidence, and administer oaths. Witnesses 
summoned shall be paid the same fees and 
mileage that are paid witnesses in the courts of 
the United States. In case of contumacy or re-
fusal to obey a subpoena served upon any per-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
son 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 application by the United States and after 
notice to such person, shall have jurisdiction to 
issue an order requiring such person to appear 
and give testimony before the Board or to ap-
pear and produce documents before the Board, 
or both, and any failure to obey such order of 
the court may be punished by such court as a 
contempt thereof. 
‘‘(D) HEARINGS; APPLICABILITY OF CER-
TAIN FEDERAL LAW.—The Board 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 
Board 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 
appointment of the Board under subparagraph 
(A), the Secretary and the Board shall conclude 
and publically issue a memorandum of under-
standing that— 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) outlines administrative arrange-
ments which will facilitate a coordination 
of efforts between the Secretary and the 
Board, ensures that the Secretary’s inves-
tigation under paragraph (1) is not de-
layed or otherwise compromised by the ac-
tivities of the Board, and establishes a 
process to resolve any conflicts between 
such investigations; 
‘‘(ii) ensures that Board members or 
staff will be able to participate in inves-
tigation activities (such as mine inspections 
and interviews) related to the Secretary’s 
investigation and will have full access to 
documents that are assembled or produced 
in such investigation, and ensures that the 
Secretary will make all of the authority 
available to such Secretary under this sec-
tion, including subpoena authority, to ob-
tain information and witnesses which may 
be requested by such Board; and 
‘‘(iii) establishes such other arrange-
ments as are necessary to implement this 
paragraph.’’. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DUR-
ING INVESTIGATIONS. 
Section 103(b)(1) (as amended by section 101) (30 
U.S.C. 813(b)) is further amended— 
(1) in the first sentence, by striking ‘‘the Sec-
retary may’’ and all that follows through ‘‘oaths.’’ 
and inserting: ‘‘the Secretary may sign and issue 
subpoenas 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, 
and, after notice, hold public hearings.’’; and 
(2) in the last sentence by striking ‘‘docu-
ments’’ and inserting ‘‘information, including data, 
papers, books, documents, and items of physical evi-
dence’’. 
SEC. 103. DESIGNATION OF MINER REPRESENTATIVE. 
(a) IN GENERAL.—Section 103(f) (30 U.S.C. 813(f)) 
is amended by inserting before the last sentence the fol-
lowing: ‘‘Each operator shall require each miner employed 
by the operator to designate a next of kin or other rep-
resentative of the miner’s choosing at the time of employ-
ment. Such representative shall act on the miner’s behalf 
for purposes of this subsection if the miner is entrapped 
or otherwise prevented as the result of an accident in such 
mine from acting on the miner’s own behalf. A miner may 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
designate a different representative to the operator at any 
time. Should a miner who has not designated such a rep-
resentative be entrapped or otherwise prevented from des-
ignating a representative as the result of an accident in 
such mine, such miner’s closest relative may act on behalf 
of such miner in designating such a representative.’’. 
(b) APPLICATION
TO
MINERS
ALREADY
EM-
PLOYED.—Not later than 60 days after the date of enact-
ment of this Act, each operator of a mine shall obtain from 
each miner employed by such operator on such date of 
enactment a designated next of kin or other representa-
tive, in accordance with section 103(f) of the Federal Mine 
Safety and Health Act of 1977. 
SEC. 104. ADDITIONAL AMENDMENTS RELATING TO IN-
SPECTIONS AND INVESTIGATIONS. 
(a) HOURS OF INSPECTIONS.—Section 103(a) (30 
U.S.C. 813(a)) is amended by inserting after the third 
sentence the following: ‘‘Such inspections shall be con-
ducted during the various shifts and days of the week dur-
ing which miners are normally present in the mine to en-
sure that the protections of this Act are afforded to all 
miners working all shifts.’’. 
(b) INJURY
AND
ILLNESS
REPORTING.—Section 
103(d) (30 U.S.C. 813(d)) is amended by striking the last 
sentence and inserting the following: ‘‘The records to be 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
kept and made available by the operator of the mine shall 
include man-hours worked and occupational injuries and 
illnesses, and shall be maintained separately for each mine 
and be reported at a frequency determined by the Sec-
retary, but at least annually. Operators shall be respon-
sible for reporting all miners working at such mine under 
their direct supervision.’’. 
(c) 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 
willfully and voluntarily waived all actual and reasonably 
foreseeable conflicts of interest resulting from such rep-
resentation. The Secretary is authorized to take such ac-
tions as the Secretary considers appropriate to ascertain 
whether such individual has willfully 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 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
Secretary may make such a motion as part of an ongoing 
related civil action or as a miscellaneous action.’’. 
(d) CONFORMING AMENDMENT.—Section 103(e) (30 
U.S.C. 813(e)) is amended by inserting ‘‘or the National 
Mine Safety Board’’ after ‘‘Welfare’’. 
TITLE II—ENHANCED 
ENFORCEMENT AUTHORITY 
SEC. 201. SIGNIFICANT AND SUBSTANTIAL VIOLATIONS. 
Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘any mandatory health or 
safety standard’’ and inserting ‘‘any provision 
of this Act, including any mandatory health or 
safety standard or regulation promulgated 
under this Act’’; and 
(B) by striking ‘‘such mandatory health or 
safety standards’’ and inserting ‘‘such provi-
sions, regulations, or mandatory health or safe-
ty standards’’; 
(2) in the second sentence, by striking ‘‘any 
mandatory health or safety standard’’ and inserting 
‘‘any provision of this Act, including any mandatory 
health or safety standard or regulation promulgated 
under this Act,’’; and 
VerDate Mar 15 2010 
04:09 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
(3) by inserting after the first sentence the fol-
lowing: ‘‘For purposes of this Act, a violation of a 
provision of this Act, including any mandatory 
health or safety standard or regulation promulgated 
under this Act, is of such nature as could signifi-
cantly and substantially contribute to the cause and 
effect of a safety or health hazard if there is a sub-
stantial probability such violation could result in se-
rious injury, illness, or death.’’. 
SEC. 202. A PATTERN OF RECURRING NONCOMPLIANCE OR 
ACCIDENTS. 
Section 104(e) (30 U.S.C. 814(e)) is amended to read 
as follows: 
‘‘(e) PATTERN OF RECURRING NONCOMPLIANCE OR 
ACCIDENTS.— 
‘‘(1) DETERMINATION OF PATTERN STATUS.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that an operator has a possible pattern 
of violations of mandatory health or safety 
standards based upon the initial screening cri-
teria promulgated in accordance with subpara-
graph (B), the Secretary shall provide the oper-
ator written notice pursuant to subparagraph 
(D). If, upon any inspection within 90 days 
after the issuance of such notice, an authorized 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
representative of the Secretary finds any viola-
tion of a mandatory health or safety standard 
which could significantly and substantially con-
tribute to the cause and effect of a coal or other 
mine safety or health hazard the operator shall 
be placed in pattern status. 
‘‘(B) REGULATIONS ESTABLISHING INITIAL 
SCREENING
CRITERIA
FOR
POSSIBLE
PLACE-
MENT IN PATTERN STATUS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall issue regulations establishing initial 
screening criteria for determining whether 
to place a mine on pattern status under 
this subsection. The criteria in such regu-
lations shall be based on the following fac-
tors, each assigned appropriate weight as 
determined by the Secretary: 
‘‘(I) Citations for significant and 
substantial violations; 
‘‘(II) 
Orders 
under 
section 
104(b) of the Act for not abating sig-
nificant and substantial violations; 
‘‘(III) Citations and withdrawal 
orders under section 104(d) of the 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
Act, resulting from the operator’s un-
warrantable failure to comply; 
‘‘(IV) Imminent danger orders 
under section 107(a) of the Act; 
‘‘(V) Orders under section 104(g) 
of the Act requiring withdrawal of 
miners who have not received training 
and who the inspector declares to be 
a hazard to themselves and others; 
‘‘(VI) 
Enforcement 
measures, 
other than section 104(e) of the Act, 
which have been applied at the mine; 
and 
‘‘(VII) Other information that 
demonstrates a serious safety or 
health management problem at the 
mine such as accident, injury, and ill-
ness records. 
‘‘(ii) REVIEW.—At least 2 times each 
year, the Secretary will review the compli-
ance and accident, injury, and illness 
records of mines to determine if any mines 
meet the criteria established in the regula-
tions promulgated under this subpara-
graph. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(C) 
MINE
CATEGORIES.—Regulations 
promulgated under subparagraph (B) may be 
determined and maintained for different types 
of mines, according to the following classifica-
tions: 
‘‘(i) Underground coal mines; 
‘‘(ii) Surface coal mines; 
‘‘(iii) Underground metal mines; 
‘‘(iv) Surface metal mines; and 
‘‘(v) Non-metal mines. 
‘‘(D) ISSUANCE OF NOTICE.— 
‘‘(i) ISSUANCE.—When a mine has a 
pattern of violations, the Secretary will 
issue a pattern of violations notice to the 
mine operator that specifies the basis for 
the Secretary’s action. The Secretary will 
also provide a copy of the notice to the 
representative of miners. 
‘‘(ii) POSTING.—The mine operator 
shall post a copy of the notice on the mine 
bulletin board and in a conspicuous place 
near each staffed entrance onto the mine 
property. The notice shall remain posted at 
the mine until it is terminated. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(E) MITIGATING CIRCUMSTANCES.—Not-
withstanding the criteria established under sub-
paragraph (B), if, after conducting an assess-
ment of a coal or other mine that otherwise 
qualifies for pattern status, the Secretary cer-
tifies that there are mitigating circumstances 
wherein the operator is in the process of reduc-
ing elevated risks to the health or safety of 
miners and is implementing sufficient measures 
to ensure such elevated risk will not recur, the 
Secretary may deem such mine to not be in pat-
tern status under this subsection. The Sec-
retary shall issue any such certification of such 
mitigating circumstances that would preclude 
the placement of a mine in pattern status as a 
written finding, which shall, not later than 10 
days after the certification is made, be— 
‘‘(i) published in the Federal Register; 
and 
‘‘(ii) transmitted to the Committee on 
Education and the Workforce of the House 
of Representatives and the Committee on 
Health, Education, Labor, and Pensions of 
the Senate. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) ACTIONS
FOLLOWING
PLACEMENT
OF 
MINE IN PATTERN STATUS.—For any coal or other 
mine that is in pattern status, the Secretary shall— 
‘‘(A) notify the operator of such mine that 
the mine is being placed in pattern status; 
‘‘(B) issue an order requiring such oper-
ator to cause all persons to be withdrawn from 
such mine while the Secretary conducts a com-
plete inspection of the mine to identify any haz-
ards or violations that could be immediately 
harmful to the safety or health of the miners; 
‘‘(C) require, as a condition of reopening 
the mine, that— 
‘‘(i) all violations or other conditions 
in the mine identified by the Secretary 
have been or are being fully abated or cor-
rected; and 
‘‘(ii) the operator file a remediation 
plan as described in paragraph (3); and 
‘‘(D) require that the number of regular 
inspections of such mine required under section 
103 be increased by an amount determined by 
the Secretary to be sufficient to ensure that all 
hazardous conditions have been addressed and 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
that a program is in place to prevent a reoccur-
rence of such conditions. 
‘‘(3) REMEDIATION PLAN.— 
‘‘(A) IN GENERAL.—An operator of a mine 
placed in pattern status shall submit to the Sec-
retary a remediation plan for approval by the 
Secretary to— 
‘‘(i) institute and implement an effec-
tive health and safety management pro-
gram that specifically addresses the issues 
that gave rise to the placement of the mine 
in pattern status; and 
‘‘(ii) 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, advising miners of their rights under 
this Act, and to assist the efforts of the 
operator in developing or implementing the 
remediation plan. 
‘‘(B) EXPEDITED
REVIEW.—The opera-
tor’s remediation plan shall be evaluated for ap-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
proval by the Secretary on an expedited basis, 
in accordance with section 105(d). 
‘‘(C) PLAN DISPUTE RESOLUTION.— 
‘‘(i) IN
GENERAL.—Any dispute be-
tween the Secretary and an operator with 
respect to the content of the operator’s 
plan under paragraph (3) or any refusal by 
the Secretary to approve such plan shall be 
resolved on an expedited basis. 
‘‘(ii) DISPUTES.—In the event of a 
dispute or refusal to approve a plan, the 
Secretary shall issue a citation which shall 
be immediately referred to the Commis-
sion. The Secretary and the operator shall 
submit all relevant material regarding the 
dispute to the Commission within 15 days 
of the date of the referral. The Commis-
sion shall render its decision with respect 
to the plan content dispute within 15 days 
of the receipt of the submission. 
‘‘(iii) FURTHER APPEALS.—Any party 
adversely affected by a decision under this 
subparagraph may pursue all further avail-
able appeal rights with respect to the situ-
ation involved, except that inclusion of the 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
disputed provision in the plan will not be 
limited by such appeal unless such relief is 
requested by the operator and permitted by 
the Commission. 
‘‘(4) PERFORMANCE EVALUATION.— 
‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall evaluate the performance of 
each operator whose mine is in pattern status 
every 90 days during which the mine is pro-
ducing and determine if, for such 90-day pe-
riod— 
‘‘(i) the rate of citations for such mine 
for significant and substantial violations— 
‘‘(I) is, on average, in the top 
performing 35th percentile of such 
rates, respectively, for all mines of 
similar size and type; and 
‘‘(II) has been reduced by 70 
percent since such mine was placed on 
pattern status; and 
‘‘(ii) the accident and injury rates at 
such mine are, on average, in the top per-
forming 35th percentile of such rates, re-
spectively, for all mines of similar size and 
type. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(B) REISSUANCE OF PRODUCTION LIMI-
TATION.—If an operator being evaluated fails 
to achieve the performance benchmarks de-
scribed in subparagraph (A), the Secretary may 
re-impose the conditions under paragraph 
(2)(B) to remedy any recurring conditions that 
led to pattern status under this subsection, and 
may require modification of the remediation 
plan, as necessary, to protect the health and 
safety of miners. 
‘‘(5) TERMINATION OF PATTERN STATUS.— 
‘‘(A) PERFORMANCE
BENCHMARKS.—The 
Secretary shall remove an operator of a coal or 
other mine from pattern status if, for a period 
of 180 days during which the mine is pro-
ducing— 
‘‘(i) the rate of citations for such mine 
for significant and substantial violations— 
‘‘(I) is, on average, in the top 
performing 25th percentile of such 
rates, respectively, for all mines of 
similar size and type; and 
‘‘(II) has been reduced by 70 
percent since such mine was placed on 
pattern status; and 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(ii) the accident and injury rates at 
such mine are, on average, in the top per-
forming 25th percentile of such rates, re-
spectively, for all mines of similar size and 
type. 
‘‘(B) CONTINUATION
OF
PATTERN
STA-
TUS.—Should the mine operator fail to meet 
the performance benchmarks described in sub-
paragraph (A), the Secretary shall extend the 
mine’s placement in pattern status until such 
benchmarks are achieved. 
‘‘(6) EXPEDITED HEARING.—The operator of a 
mine whose mine is placed in a pattern status under 
this section shall have the right to an expedited 
hearing, within 10 days of providing notice to the 
Commission to contest the validity of any enforce-
ment action that has contributed to the mine being 
identified under this section, notwithstanding wheth-
er the enforcement action was previously the subject 
of a notice of contest pursuant to section 105 or has 
been deemed a final order of the Commission. 
‘‘(7) LIMITATION ON APPLICATION.—The provi-
sions of this subsection shall not apply, for a period 
of 12 months, following the acquisition of a mine by 
a purchaser. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(8) REGULATIONS.—Not later than 180 days 
after the date of enactment of the Mine Safety Ac-
countability and Improved Protection Act, the Sec-
retary shall issue proposed regulations to implement 
the provisions of this subsection. Not later than 1 
year after the date of enactment of such Act, the 
Secretary shall issue final regulations to implement 
this subsection. 
‘‘(9) PUBLIC DATABASE AND INFORMATION.— 
The Secretary shall establish and maintain a pub-
lically available electronic database containing the 
data used to determine pattern status for all coal or 
other mines. Such database shall be searchable, shall 
have the capacity to provide comparative data about 
the health and safety at mines of similar sizes and 
types. The Secretary shall also make publicly avail-
able— 
‘‘(A) a list of all mines the Secretary 
places in pattern status, updated not less fre-
quently than quarterly; and 
‘‘(B) the metrics, including percentile in-
formation, used for the purposes of the per-
formance benchmarks and threshold criteria de-
scribed in paragraphs (4) and (5). 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(10) OPERATOR
FEES
FOR
ADDITIONAL
IN-
SPECTIONS.— 
‘‘(A) ASSESSMENT AND COLLECTION.—Be-
ginning 120 days after the date of enactment of 
the Mine Safety Accountability and Improved 
Protection Act, the Secretary shall assess and 
collect fees, in accordance with this paragraph, 
from each coal or other mine in pattern status 
for the costs of additional inspections under 
this subsection. The Secretary shall issue, by 
rule, a schedule of fees to be assessed against 
coal or other mines of varying types and sizes, 
and shall collect and assess amounts under this 
paragraph based on the schedule. 
‘‘(B) MINES IN PATTERN STATUS INSPEC-
TION FUND.—There is established in the Treas-
ury of the United States a separate account for 
the deposit of fees collected under this para-
graph to be known as the Mines in Pattern Sta-
tus Inspection Fund. The Secretary shall de-
posit any fees collected pursuant to subpara-
graph (A) into the fund. 
‘‘(C) USE.—Amounts in the Mines in Pat-
tern Status Inspection Fund shall be available 
to the Secretary, as provided in subparagraph 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
(D), for making expenditures to carry out the 
additional inspections required under paragraph 
(2)(D). 
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to any other amounts ap-
propriated, there is authorized to be appro-
priated from the Mines in Pattern Status In-
spection Fund to the Assistant Secretary for 
Mine Safety and Health for each fiscal year in 
which fees are collected under subparagraph 
(A) an amount equal to the total amount col-
lected during the previous fiscal year from fees 
assessed pursuant to this paragraph. Such 
amounts are authorized to remain available 
until expended. 
‘‘(E) CREDITING
AND
AVAILABILITY
OF 
FEES.—Fees authorized and collected under 
this paragraph shall be available for obligation 
only to the extent and in the amount provided 
in advance in appropriations Acts.’’. 
SEC. 203. INJUNCTIVE AUTHORITY. 
Section 108(a)(2) is amended to read as follows: 
‘‘(2) The Secretary may institute a civil action for 
relief, including permanent or temporary injunction, re-
straining order, or any other appropriate order in the dis-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
trict court of the United States for the district in which 
the coal or other mine is located or in which the operator 
of such mine has his principal office whenever the Sec-
retary believes that the operator of a coal or other mine 
is engaged in a pattern of violation of this Act, or of any 
mandatory health or safety standards of this Act, or regu-
lation promulgated under this Act, which constitutes a 
continuing hazard to the health or safety of miners.’’. 
SEC. 204. REVOCATION OF APPROVAL OF PLANS. 
Section 105 (30 U.S.C. 815) is amended by adding 
at the end the following: 
‘‘(e) REVOCATION OF APPROVAL OF PLANS.—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 operation of 
such mine under such plan constitutes a hazard to the 
safety or health of miners, the Secretary shall revoke the 
approval of such program or plan and provide the operator 
with a detailed explanation containing the specific reasons 
that approval was revoked.’’. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
SEC. 205. CHALLENGING DECISIONS RELATED TO THE AP-
PROVAL OF A COAL OR OTHER MINE PLAN. 
Section 105 (30 U.S.C. 815) is further amended by 
adding at the end the following: 
‘‘(f) PROCESS FOR APPROVAL OF AND CHALLENGING 
DECISIONS RELATED TO THE APPROVAL OF A COAL OR 
OTHER MINE PLAN.— 
‘‘(1) PROPOSED PROGRAMS, PLANS, AND PLAN 
REVISION PROCESS.— 
‘‘(A) SUBMISSION
FOR
APPROVAL.—Any 
operator’s proposed program, plan, or plan revi-
sion, which is subject to approval by the Sec-
retary under this Act, and implementing stand-
ards and regulations, shall be submitted in writ-
ing to the appropriate district manager of the 
Mine Safety and Health Administration (in this 
subsection referred to as the ‘district man-
ager’). When revisions to a previously approved 
plan are proposed by a mine operator, only pro-
posed revised pages, maps, and sketches are re-
quired to be submitted, unless otherwise speci-
fied by the district manager. Written comments 
may be submitted by representatives of the 
miners relative to plan or revisions submitted. 
Such program, plan, or plan revision shall be 
reviewed and either approved or denied ap-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
proval by the district manager, pursuant to the 
following provisions: 
‘‘(B) NOTIFICATION OF APPROVAL OR DE-
NIAL OF PROPOSED PROGRAM, PLAN OR PLAN 
REVISION.—The district manager shall notify 
the mine operator, in writing, of the approval or 
denial of the proposed program, plan or plan 
revision. A copy of the district manager’s writ-
ten notification shall be mailed to the represent-
ative of miners by the district manager. 
‘‘(C) FAILURE OF THE DISTRICT MANAGER 
TO PROVIDE WRITTEN NOTIFICATION.—If the 
district manager fails to notify a mine operator, 
in writing, of the approval or denial of any pro-
posed program or plan within 30 days of the 
mine operator’s submission, such proposed pro-
gram or plan shall be deemed approved. If a 
district manager fails to notify a mine operator, 
in writing, of the approval or denial of approval 
of any proposed plan revision within 7 days of 
the mine operator’s submission, such proposed 
program or plan shall be deemed approved. 
‘‘(D) SPECIFICATION
OF
DEFICIENCIES 
AND
RECOMMENDED
CHANGES.—When ap-
proval of any proposed program, plan or plan 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
revision is denied, the district manager’s writ-
ten notification shall— 
‘‘(i) specify the deficiencies in the 
mine operator’s proposed program, plan, or 
plan revision; 
‘‘(ii) recommend changes to eliminate 
the specified deficiencies in the proposed 
program, plan, or plan revision; and 
‘‘(iii) provide an opportunity for the 
operator to schedule a meeting with the 
district manager to discuss any specified 
deficiencies in the proposed program, plan, 
or plan revision. 
‘‘(E) PROCESS
FOLLOWING
MEETING.— 
Following any meeting between the operator 
and the district manager regarding any pro-
posed program, plan, or plan revision, the dis-
trict manager shall provide the mine operator 
with a reasonable time period to resubmit the 
proposed program, plan, or plan revision. 
‘‘(2) PLAN DISPUTE RESOLUTION.— 
‘‘(A) CONTEST.—In the event a district 
manager denies approval of an operator’s pro-
posed program, plan, or plan revision, the oper-
ator may contest the decision of the district 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
manager to the Secretary. Any dispute between 
the Secretary and an operator with respect to 
the content of any program, plan or plan revi-
sion of the mine operator shall be resolved on 
an expedited basis. 
‘‘(B) DISPUTES.—In the event of a dispute 
described in subparagraph (A), any technical ci-
tation issued by the Secretary shall be imme-
diately referred to the Commission. The Sec-
retary and the mine operator shall submit all 
relevant material regarding the dispute to the 
Commission within 15 days of the date of the 
referral. The Commission shall render its deci-
sion with respect to the plan content dispute 
within 15 days of the receipt of the submission. 
‘‘(C) FURTHER
APPEALS.—A party ad-
versely affected by a decision under subpara-
graph (B) may pursue all further available ap-
peal rights with respect to the citation involved, 
except that inclusion of the disputed provision 
of the plan shall not be limited by such appeal 
unless such relief is requested by the operator 
and permitted by the Commission.’’. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
TITLE III—PENALTIES 
SEC. 301. CIVIL PENALTIES. 
(a) MAXIMUM CIVIL PENALTIES.—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,’’. 
(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 sta-
tus under section 104(e) and that fails to meet the per-
formance 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 as-
sessed an increased civil penalty for any violation of this 
Act, including 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 promulgated under this Act, subject to the 
maximum civil penalty established for the violation under 
this Act. This paragraph shall apply to violations at such 
mine that occur during the period beginning after the 
failed performance review following the first performance 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
review, and ending when the Secretary determines at a 
subsequent performance review 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— 
(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 sub-
sequent violation, 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, 
DIRECTORS, AND AGENTS.—Whenever an operator vio-
lates a provision of this Act, including any mandatory 
health or safety standard or regulation promulgated under 
this Act, or willfully violates or fails or refuses to comply 
with any order issued under this Act or any order incor-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
porated in a final decision issued under this Act, any di-
rector, officer, or agent of such operator who willfully au-
thorized, ordered, or carried out such violation, failure, or 
refusal, or any policy or practice that contributed to the 
occurrence of a fatality shall be subject to the same civil 
penalties, fines, and imprisonment that may be imposed 
upon a person under this section.’’. 
SEC. 303. CRIMINAL PENALTIES. 
(a) WILLFUL
VIOLATIONS.—Section 110(d) (30 
U.S.C. 820(d)) is amended by striking ‘‘$500,000’’ and 
inserting ‘‘$1,000,000’’. 
(b) CRIMINAL PENALTY FOR RETALIATION.—Section 
110(d) is further amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Any operator’’; 
and 
(2) by adding at the end the following: 
‘‘(2) Whoever willfully takes any action that is di-
rectly or indirectly harmful to any person, including action 
that interferes with the lawful employment or livelihood 
of any person, because such person has provided an au-
thorized representative of the Secretary, the National 
Mine Safety Board, or another law enforcement officer 
with any information related to the existence of a health 
or safety violation or an unhealthful or unsafe condition, 
policy, or practice under this Act shall be fined under title 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
18, United States Code, imprisoned for not more than 5 
years, or both.’’. 
(c) ADVANCE NOTICE OF INSPECTIONS.— 
(1) IN GENERAL.—Section 110(e) (30 U.S.C. 
820(e)) is amended— 
(A) by striking ‘‘Unless’’ and inserting 
‘‘(1) Unless’’; and 
(B) by adding at the end the following: 
‘‘(2) Unless otherwise authorized by this Act, any op-
erator, agent or contractor of any operator, miner, inspec-
tor, employee of the Administration, or State mine inspec-
tor, that willfully gives, causes to give, or attempts to give 
or cause to give advance notice of any inspection to be 
conducted under this Act shall be fined under title 18, 
United States Code, imprisoned for not more than 5 years, 
or both.’’. 
(2) POSTING
OF
ADVANCE
NOTICE
PEN-
ALTIES.—Section 109 (30 U.S.C. 819) is amended 
by adding at the end the following: 
‘‘(e) POSTING OF ADVANCE NOTICE PENALTIES.— 
Each operator of a coal or other mine shall post, on the 
bulletin board described in subsection (a) and in a con-
spicuous place near each staffed entrance onto the mine 
property, a notice stating, in a form and manner to be 
prescribed by the Secretary— 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) that giving, causing to give, or attempting 
to give or cause to give advance notice of any inspec-
tion to be conducted under this Act is unlawful pur-
suant to section 110(e); and 
‘‘(2) the maximum penalties for a violation 
under such subsection.’’. 
(d) FALSE STATEMENTS AND REPRESENTATIONS.— 
Section 110(f) (30 U.S.C. 820(f)) is amended by striking 
‘‘$10,000’’ and inserting ‘‘$50,000’’. 
SEC. 304. CONFERENCE PROCESS FOR APPEALING PEN-
ALTIES; DELINQUENT PAYMENTS AND PRE-
JUDGMENT INTEREST. 
(a) CONFERENCE PROCESS.—Section 110 (30 U.S.C. 
820) is amended by— 
(1) redesignating subsection (l) as subsection 
(m); and 
(2) by inserting after subsection (k) the fol-
lowing: 
‘‘(l) OPERATOR CONFERENCE PROCESS.— 
‘‘(1) RIGHT TO REVIEW.—Prior to the assess-
ment of any penalty assessed under this section, the 
operator shall be afforded the opportunity to review 
with a designated Conference Litigation Representa-
tive of the Secretary each citation and order issued 
during an inspection. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) REQUEST FOR CONFERENCE; TIMELINE.— 
Upon receipt of a citation or order issued under this 
Act the operator shall have 15 days to request the 
review described in paragraph (1) of any citation or 
order issues during an inspection. The conference re-
quest must include a brief statement of the reason 
why each citation or order should be afforded a con-
ference. Within 15 days following receipt of a re-
quest by the operator the Conference Litigation Rep-
resentative shall schedule a meeting to review the ci-
tations or orders subject to the request. The Con-
ference Litigation Representative shall consider all 
relevant information submitted in a timely manner 
with respect to the violations or orders. 
‘‘(3) DECISION
OF
CONFERENCE
LITIGATION 
REPRESENTATIVE.—Within 15 days following the 
conduct of conference, the Conference Litigation 
Representative shall issue a decision affirming, 
modifying, or vacating the citations or orders that 
were the subject of the conference. The decision 
shall be communicated to the operator, the issuing 
inspector, and the district manager responsible for 
the district within which the mine is located. In 
making a decision, the Conference Litigation Rep-
resentative shall consult, as needed, with the Direc-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
tor of the Mine Safety and Health Administration, 
Office of Accountability, to which each Conference 
Litigation Representative shall report.’’. 
(b) PRE-FINAL ORDER INTEREST.—Section 110(j) 
(30 U.S.C. 820(j)) is amended by striking the second and 
third sentences and inserting the following: ‘‘Pre-final 
order interest on such penalties shall begin to accrue on 
the date the operator contests a citation issued under this 
Act, including any mandatory health or safety standard 
or regulation promulgated under this Act, and shall end 
upon the issuance of the final order. Such pre-final order 
interest shall be calculated at the current underpayment 
rate determined by the Secretary of the Treasury pursu-
ant to section 6621 of the Internal Revenue Code of 1986, 
and shall be compounded daily. Post-final order interest 
shall begin to accrue 30 days after the date a final order 
of the Commission or the court is issued, and shall be 
charged at the rate of 8 percent per annum.’’. 
(c) ENSURING PAYMENT OF PENALTIES.— 
(1) AMENDMENT.—Section 110 (30 U.S.C. 
820) is further amended by adding after subsection 
(l) (as added by subsection (a)) the following: 
‘‘(m) ENSURING PAYMENTS OF PENALTIES.— 
‘‘(1) DELINQUENT PAYMENT LETTER.—If the 
operator of a coal or other mine fails to pay any civil 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
penalty assessment that has become a final order of 
the Commission or a court within 90 days after such 
assessment became a final order, the Secretary shall 
send the operator a letter advising the operator of 
the consequences under this subsection of such fail-
ure to pay. The letter shall also advise the operator 
of the opportunity to enter into or modify a payment 
plan with the Secretary based upon a demonstrated 
inability to pay, the procedure for entering into such 
plan, and the consequences of not entering into or 
not complying with such plan. 
‘‘(2) WITHDRAWAL ORDERS FOLLOWING FAIL-
URE TO PAY.—If an operator that receives a letter 
under paragraph (1) has not paid the assessment by 
the date that is 180 days after such assessment be-
came a final order and has not entered into a pay-
ment plan with the Secretary, the Secretary shall 
issue an order requiring such operator to cause all 
persons, except those referred to in section 104(c), 
to be withdrawn from, and to be prohibited from en-
tering, the mine that is covered by the final order 
described in paragraph (1), until the operator pays 
such assessment in full (including interest and ad-
ministrative costs) or enters into a payment plan 
with the Secretary. If such operator enters into a 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
payment plan with the Secretary and at any time 
fails to comply with the terms specified in such pay-
ment plan, the Secretary shall issue an order requir-
ing such operator to cause all persons, except those 
referred to in section 104(c), to be withdrawn from 
the mine that is covered by such final order, and to 
be prohibited from entering such mine, until the op-
erator rectifies the noncompliance with the payment 
plan in the manner specified in such payment 
plan.’’. 
(2) APPLICABILITY
AND
EFFECTIVE
DATE.— 
The amendment made by paragraph (1) shall apply 
to all unpaid civil penalty assessments under the 
Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 801 et seq.), except that, for any unpaid civil 
penalty assessment that became a final order of the 
Commission or a court before the date of enactment 
of this Act, the time periods under section 110(n) of 
the Federal Mine Safety and Health Act of 1977 (as 
amended) (30 U.S.C. 820(n)) shall be calculated as 
beginning on the date of enactment of this Act in-
stead of on the date of the final order. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
TITLE IV—WORKER RIGHTS AND 
PROTECTIONS 
SEC. 401. PROTECTION FROM RETALIATION. 
Section 105(c) (30 U.S.C. 815(c)) is amended to read 
as follows: 
‘‘(c) PROTECTION FROM RETALIATION.— 
‘‘(1) RETALIATION PROHIBITED.— 
‘‘(A) RETALIATION
FOR
COMPLAINT
OR 
TESTIMONY.—No person shall discharge or in 
any manner discriminate against or cause to be 
discharged or cause discrimination against or 
otherwise interfere with the exercise of the stat-
utory rights of any miner or other employee of 
an operator, representative of miners, or appli-
cant for employment, because— 
‘‘(i) such miner or other employee, 
representative, or applicant for employ-
ment— 
‘‘(I) has filed or made a com-
plaint, or is about to file or make a 
complaint, including a complaint noti-
fying the operator or the operator’s 
agent, or the representative of the 
miners at the coal or other mine of an 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
alleged danger or safety or health vio-
lation in a coal or other mine; 
‘‘(II) instituted or caused to be 
instituted, or is about to institute or 
cause to be instituted, any proceeding 
under or related to this Act or has 
testified or is about to testify in any 
such proceeding or because of the ex-
ercise by such miner or other em-
ployee, representative, or applicant for 
employment on behalf of him or her-
self or others of any right afforded by 
this Act; 
‘‘(III) has testified or is about to 
testify before Congress or any Federal 
or State proceeding related to safety 
or health in a coal or other mine; or 
‘‘(IV) refused to violate any pro-
vision of this Act; or 
‘‘(ii) such miner is the subject of med-
ical evaluations and potential transfer 
under a standard published pursuant to 
section 101. 
‘‘(B) RETALIATION FOR REFUSAL TO PER-
FORM DUTIES.— 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
the operator a response reasonably cal-
culated to allay such concern. 
‘‘(2) COMPLAINT.—Any miner or other em-
ployee or representative of miners or applicant for 
employment who believes that he or she has been 
discharged, disciplined, or otherwise discriminated 
against by any person in violation of paragraph (1) 
may file a complaint with the Secretary alleging 
such discrimination not later than 90 days after the 
later of— 
‘‘(A) the last date on which an alleged vio-
lation of paragraph (1) occurs; or 
‘‘(B) the date on which the miner or other 
employee or representative knows or should rea-
sonably have known that such alleged violation 
occurred. 
‘‘(3) INVESTIGATION AND HEARING.— 
‘‘(A) COMMENCEMENT OF INVESTIGATION 
AND
INITIAL
DETERMINATION.—Upon receipt 
of such complaint, the Secretary shall forward 
a copy of the complaint to the respondent, and 
shall commence an investigation within 15 days 
of the Secretary’s receipt of the complaint, and, 
as soon as practicable after commencing such 
investigation, make the determination required 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
under subparagraph (B) regarding the rein-
statement of the miner or other employee. 
‘‘(B) REINSTATEMENT.—If the Secretary 
finds that such complaint was not frivolously 
brought, the Commission, on an expedited basis 
upon application of the Secretary, shall order 
the immediate reinstatement of the miner or 
other employee until there has been a final 
Commission order disposing of the underlying 
complaint of the miner or other employee. If ei-
ther the Secretary or the miner or other em-
ployee pursues the underlying complaint, such 
reinstatement shall remain in effect until the 
Commission has disposed of such complaint on 
the merits, regardless of whether the Secretary 
pursues such complaint by filing a complaint 
under subparagraph (D) or the miner or other 
employee pursues such complaint by filing an 
action under paragraph (4). If neither the Sec-
retary nor the miner or other employee pursues 
the underlying complaint within the periods 
specified in paragraph (4), such reinstatement 
shall remain in effect until such time as the 
Commission may, upon motion of the operator 
and after providing notice and an opportunity 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
to be heard to the parties, vacate such com-
plaint for failure to prosecute. 
‘‘(C) INVESTIGATION.—Such investigation 
shall include interviewing the complainant 
and— 
‘‘(i) providing the respondent an op-
portunity to submit to the Secretary a 
written response to the complaint and to 
present statements from witnesses or pro-
vide evidence; and 
‘‘(ii) providing the complainant an op-
portunity to receive any statements or evi-
dence provided to the Secretary and rebut 
any statements or evidence. 
‘‘(D) ACTION
BY
THE
SECRETARY.—If, 
upon such investigation, the Secretary deter-
mines that the provisions of this subsection 
have been violated, the Secretary shall imme-
diately file a complaint with the Commission, 
with service upon the alleged violator and the 
miner or other employee or representative of 
miners alleging such discrimination or inter-
ference and propose an order granting appro-
priate relief. 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(E) ACTION OF THE COMMISSION.—The 
Commission shall afford an opportunity for a 
hearing (in accordance with section 554 of title 
5, United States Code, but without regard to 
subsection (a)(3) of such section) and there-
after shall issue an order, based upon findings 
of fact, affirming, modifying, or vacating the 
Secretary’s proposed order, or directing other 
appropriate relief. Such order shall become final 
30 days after its issuance. The complaining 
miner or other employee, representative, or ap-
plicant for employment may present additional 
evidence on his or her own behalf during any 
hearing held pursuant to this paragraph. 
‘‘(F) RELIEF.—The Commission shall have 
authority in such proceedings to require a per-
son committing a violation of this subsection to 
take such affirmative action to abate the viola-
tion and prescribe a remedy as the Commission 
considers appropriate, including— 
‘‘(i) the rehiring or reinstatement of 
the miner or other employee with back pay 
and interest and without loss of position or 
seniority, and restoration of the terms, 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
rights, conditions, and privileges associated 
with the complainant’s employment; 
‘‘(ii) any other compensatory and con-
sequential damages sufficient to make the 
complainant whole, and exemplary dam-
ages where appropriate; and 
‘‘(iii) expungement of all warnings, 
reprimands, or derogatory references that 
have been placed in paper or electronic 
records or databases of any type relating 
to the actions by the complainant that 
gave rise to the unfavorable personnel ac-
tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received such unfavorable information. 
‘‘(4) NOTICE TO AND ACTION OF COMPLAIN-
ANT.— 
‘‘(A) NOTICE
TO
COMPLAINANT.—Not 
later than 90 days after the receipt of a com-
plaint filed under paragraph (2), the Secretary 
shall notify, in writing, the miner or other em-
ployee, applicant for employment, or representa-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
tive of miners of his determination whether a 
violation has occurred. 
‘‘(B) ACTION
OF
COMPLAINANT.—If the 
Secretary, upon investigation, determines that 
the provisions of this subsection have not been 
violated, the complainant shall have the right, 
within 30 days after receiving notice of the Sec-
retary’s determination, to file an action in his 
or her own behalf before the Commission, 
charging discrimination or interference in viola-
tion of paragraph (1). 
‘‘(C) HEARING AND DECISION.—The Com-
mission shall afford an opportunity for a hear-
ing (in accordance with section 554 of title 5, 
United States Code, but without regard to sub-
section (a)(3) of such section), and thereafter 
shall issue an order, based upon findings of 
fact, dismissing or sustaining the complainant’s 
charges and, if the charges are sustained, 
granting such relief as it deems appropriate as 
described in paragraph (3)(D). Such order shall 
become final 30 days after its issuance. 
‘‘(5) BURDEN OF PROOF.—In adjudicating a 
complaint pursuant to this subsection, the Commis-
sion may determine that a violation of paragraph (1) 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
has occurred only if the complainant demonstrates 
that any conduct described in paragraph (1) with re-
spect to the complainant was a contributing factor 
in the adverse action alleged in the complaint. A de-
cision or order that is favorable to the complainant 
shall not be issued pursuant to this subsection if the 
respondent demonstrates by clear and convincing 
evidence that the respondent would have taken the 
same adverse action in the absence of such conduct. 
‘‘(6) ATTORNEYS’ FEES.—Whenever an order is 
issued sustaining the complainant’s charges under 
this subsection, a sum equal to the aggregate 
amount of all costs and expenses, including attor-
ney’s fees, as determined by the Commission to have 
been reasonably incurred by the complainant for, or 
in connection with, the institution and prosecution of 
such proceedings shall be assessed against the per-
son committing such violation. The Commission 
shall determine whether such costs and expenses 
were reasonably incurred by the complainant without 
reference to whether the Secretary also participated 
in the proceeding. 
‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE-
VIEW.—Proceedings under this subsection shall be 
expedited by the Secretary and the Commission. Any 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
order issued by the Commission under this sub-
section shall be subject to judicial review in accord-
ance with section 106. Violations by any person of 
paragraph (1) shall be subject to the provisions of 
sections 108 and 110(a)(4). 
‘‘(8) PROCEDURAL
RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(9) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any employee who exercises rights under 
any Federal or State law or common law, or under 
any collective bargaining agreement.’’. 
SEC. 402. PROTECTION FROM LOSS OF PAY. 
Section 111 (30 U.S.C. 821) is amended to read as 
follows: 
‘‘SEC. 111. ENTITLEMENT OF MINERS. 
‘‘(a) PROTECTION FROM LOSS OF PAY.— 
‘‘(1) WITHDRAWAL ORDER.—If a coal or other 
mine or area of such mine is closed by an order 
issued under section 103, 104, 107, 108, or 110 all 
miners who are idled by such order shall be entitled 
to full compensation by the operator at their regular 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
rates of pay and in accordance with their regular 
schedules of pay for the remainder of the current 
shift and the next 8 hour shift for which they are 
idled. Nothing in this section shall prevent the oper-
ator of a coal or other mine from transferring min-
ers from the area of the mine effected by the with-
drawal order to another area of the mine not under 
the withdrawal order. 
‘‘(2) REFUSAL TO COMPLY.—Whenever an op-
erator violates or fails or refuses to comply with any 
order issued under section 103, 104, 107, 108, or 
110, all miners employed at the affected mine who 
would have been withdrawn from, or prevented from 
entering, such mine or area thereof as a result of 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay, in addi-
tion to pay received for work performed after such 
order was issued, for the period beginning when 
such order was issued and ending when such order 
is complied with, vacated, terminated, or up to 10 
days. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) COMMISSION
ORDERS.—The Commission 
shall have authority to order compensation due 
under this section upon the filing of a complaint by 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
a miner or his representative and after opportunity 
for hearing subject to section 554 of title 5, United 
States Code. Whenever the Commission issues an 
order sustaining the complaint under this subsection 
in whole or in part, the Commission shall award the 
complainant reasonable attorneys’ fees and costs. 
‘‘(2) FAILURE TO PAY COMPENSATION DUE.— 
Consistent with the authority of the Secretary to 
order miners withdrawn from a mine under this Act, 
the Secretary shall order a mine that has been sub-
ject to a withdrawal order under section 103, 104, 
107, 108, or 110, and has reopened, to be closed 
again if compensation in accordance with the provi-
sions of this section is not paid by the end of the 
next regularly scheduled payroll period following the 
lifting of a withdrawal order.’’. 
TITLE 
V—MODERNIZING 
HEALTH AND SAFETY STAND-
ARDS 
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 
Section 303(d) (30 U.S.C. 863(d)) is amended by 
adding at the end the following: 
‘‘(3)(A) Not later than 30 days after the issuance of 
the interim final rules promulgated under subparagraph 
(C), each operator of an underground coal mine shall im-
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
plement a communication program at the underground 
coal mine to ensure that each miner entering the mine 
is made aware, at the start of such miner’s shift, of the 
current conditions of the mine, including— 
‘‘(i) any conditions that are hazardous; and 
‘‘(ii) the general conditions of that miner’s as-
signed working section or other area. 
‘‘(B) Not later than 90 days after the date of enact-
ment of the Mine Safety Accountability and Improved 
Protection Act, the Secretary shall promulgate interim 
final rules implementing the requirements of subpara-
graphs (A) and (B).’’. 
SEC. 502. ATMOSPHERIC MONITORING SYSTEMS. 
Section 317 (30 U.S.C. 877) is amended by adding 
at the end the following: 
‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 
‘‘(1) NIOSH RECOMMENDATIONS.—Not later 
than 1 year after the date of enactment of the Mine 
Safety Accountability and Improved Protection Act, 
the Director of the National Institute for Occupa-
tional Safety and Health, acting through the Office 
of Mine Safety and Health Research, in consulta-
tion, including through technical working groups 
with operators, vendors, State mine safety agencies, 
the Secretary, and labor representatives of miners, 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
shall issue recommendations to the Secretary regard-
ing— 
‘‘(A) how to ensure that atmospheric moni-
toring systems are utilized in the underground 
coal mining industry to maximize the health 
and safety of underground coal miners; and 
‘‘(B) the implementation of redundant sys-
tems, such as the bundle tubing system, that 
can continuously monitor the mine atmosphere 
following incidents such as fires, explosions, en-
trapments, and inundations. 
‘‘(2) ATMOSPHERIC MONITORING SYSTEM REG-
ULATIONS.—Not later than 1 year following the re-
ceipt of the recommendations described in paragraph 
(1), the Secretary shall promulgate regulations re-
quiring that each operator of an underground coal 
mine install atmospheric monitoring systems, con-
sistent with such recommendations, that— 
‘‘(A) protect miners where the miners nor-
mally work and travel; 
‘‘(B) provide real-time information regard-
ing methane and carbon monoxide levels, and 
airflow direction, as appropriate, with sensing, 
annunciating, and recording capabilities; and 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(C) can, to the maximum extent prac-
ticable, withstand explosions and fires.’’. 
SEC. 503. TECHNOLOGY RELATED TO RESPIRABLE DUST. 
Section 202(d) (30 U.S.C. 842(d)) is amended by 
striking ‘‘of Health and Human Services’’. 
SEC. 504. REFRESHER TRAINING ON MINER RIGHTS AND 
RESPONSIBILITIES. 
(a) IN GENERAL.—Section 115(a)(3) (30 U.S.C. 
825(a)(3)) is amended to read as follows: 
‘‘(3) all miners shall receive not less than 9 
hours of refresher training not less frequently than 
once every 12 months, and such training shall in-
clude one hour of training on the statutory rights 
and responsibilities of miners and their representa-
tives under this Act and other applicable Federal 
and State law, pursuant to a program of instruction 
developed by the Secretary and delivered by the 
mine operator or by a trainer approved by the Sec-
retary;’’. 
(b) TIMING OF INITIAL STATUTORY RIGHTS TRAIN-
ING.—Notwithstanding section 115 of the Federal Mine 
Safety and Health Act (as amended by subsection (a)) (30 
U.S.C. 825) or the health and safety training program ap-
proved under such section, an operator shall ensure that 
all miners already employed by the operator on the date 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
of enactment of this Act shall receive the one hour of stat-
utory rights and responsibilities training described in sec-
tion 115(a)(3) of such Act not later than 180 days after 
such date. 
SEC. 505. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 
(a) IN GENERAL.—Section 115 (30 U.S.C. 825) is 
further amended by redesignating subsection (e) as sub-
section (f) and inserting after subsection (d) the following: 
‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN-
ING.—The Secretary is authorized to require that an oper-
ator of a coal mine provide additional training beyond 
what is otherwise required by law, and specifying the time 
within which such training shall be provided, if the Sec-
retary finds that— 
‘‘(1)(A) an operator has shown a history of in-
adequately training its miners in mine health and 
safety; 
‘‘(B) a serious or fatal accident has occurred at 
such mine; or 
‘‘(C) such mine has experienced accident and 
injury rates, citations for violations of this Act (in-
cluding mandatory health or safety standards or reg-
ulations promulgated under this Act), citations for 
significant and substantial violations, or withdrawal 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
orders issued under this Act at a rate above the av-
erage for mines of similar size and type; and 
‘‘(2) additional training would benefit the 
health and safety of miners at the mine.’’. 
(b) CONFORMING AMENDMENTS.—Section 104(g)(2) 
(30 U.S.C. 814(g)(2)) is amended by striking ‘‘under 
paragraph (1)’’ both places it appears and inserting 
‘‘under paragraph (1) or under section 115(e)’’. 
SEC. 506. CERTIFICATION OF PERSONNEL. 
(a) IN GENERAL.—Title I is further amended by add-
ing at the end the following: 
‘‘SEC. 118. CERTIFICATION OF PERSONNEL. 
‘‘(a) CERTIFICATION REQUIRED.—Any person who is 
authorized or designated by the operator of a coal mine 
to perform any duties or provide any training that this 
Act, including a mandatory health or safety standard or 
regulation promulgated pursuant to this Act, requires to 
be performed or provided by a certified, registered, quali-
fied, or otherwise approved person, shall be permitted to 
perform such duties or provide such training only if such 
person has a current certification, registration, qualifica-
tion, or approval to perform such duties or provide such 
training consistent with the requirements of this section. 
‘‘(b) ESTABLISHMENT OF CERTIFICATION REQUIRE-
MENTS AND PROCEDURES.— 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Mine Safety Account-
ability and Improved Protection Act, the Secretary 
shall issue mandatory standards to establish— 
‘‘(A) requirements for such certification, 
registration, qualification, or other approval, in-
cluding the experience, examinations, and ref-
erences that may be required as appropriate; 
‘‘(B) time limits for such certifications and 
procedures for obtaining and renewing such cer-
tification, registration, qualification, or other 
approval; and 
‘‘(C) procedures and criteria for revoking 
such certification, registration, qualification, or 
other approval, including procedures that en-
sure that the Secretary responds to requests for 
revocation. 
‘‘(2) COORDINATION WITH STATES.—In devel-
oping such standards, the Secretary shall consult 
with States that have miner certification programs 
to ensure effective coordination with existing State 
standards and requirements for certification. The 
standards required under paragraph (1) may provide 
that the certification, registration, qualification, or 
other approval of the State in which the coal or 
VerDate Mar 15 2010 
02:05 Dec 23, 2011
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
tjames on DSK6SPTVN1PROD with BILLS