I 
111TH CONGRESS 
2D SESSION 
H. R. 5788 
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 
JULY 20, 2010 
Mrs. CAPITO introduced the following bill; which was referred to the 
Committee on Education and Labor 
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: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
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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. Rock dust standards. 
Sec. 503. Atmospheric monitoring systems. 
Sec. 504. Technology related to respirable dust. 
Sec. 505. Refresher training on miner rights and responsibilities. 
Sec. 506. Authority to mandate additional training. 
Sec. 507. Certification of personnel. 
TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 
Sec. 601. Definitions. 
Sec. 602. Assistance to States. 
Sec. 603. 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. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment is expressed as an amendment to 
a section or other provision, the reference shall be consid-
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ered to be made to a section or other provision of the Fed-
eral Mine Safety and Health Act of 1977 (30 U.S.C. 801 
et seq.). 
TITLE I—ADDITIONAL INSPEC-
TION 
AND 
INVESTIGATION 
AUTHORITY 
SEC. 101. 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-
vice and consent of the Senate. Members of the 
Board shall be appointed on the basis of tech-
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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— 
‘‘(I) the operator; 
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‘‘(II) any contractors or other 
persons engaged in mining-related 
functions at the site; 
‘‘(III) any State agency with 
oversight responsibilities; 
‘‘(IV) any agency or office within 
the Department of Labor; 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-
icy, regulatory, enforcement, adminis-
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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) 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. 
‘‘(D) 
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— 
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‘‘(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.’’. 
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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. 
Section 103(f) (30 U.S.C. 813(f)) is amended by in-
serting before the last sentence the following: ‘‘If any 
miner is entrapped or otherwise prevented as the result 
of an accident in such mine from designating such a rep-
resentative directly, such miner’s closest relative may act 
on behalf of such miner in designating such a representa-
tive. If any miner is not currently working in such mine 
as the result of an accident in such mine, but would be 
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currently working in such mine but for such accident, such 
miner may designate such a representative.’’. 
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 
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 
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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 
Secretary may make such a motion as part of an ongoing 
related civil action or as a miscellaneous action.’’. 
TITLE II—ENHANCED 
ENFORCEMENT AUTHORITY 
SEC. 201. 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 
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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 
(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: 
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‘‘(e) PATTERN OF RECURRING NONCOMPLIANCE OR 
ACCIDENTS.— 
‘‘(1) DETERMINATION OF PATTERN STATUS.— 
‘‘(A) IN
GENERAL.—Each operator of a 
coal or other mine shall be evaluated based on 
the regulations promulgated under subpara-
graph (B) to determine whether it meets the 
criteria for placement in pattern status set 
forth in such regulations. 
‘‘(B) REGULATIONS
ESTABLISHING
CRI-
TERIA FOR PLACEMENT IN PATTERN STATUS.— 
The Secretary shall issue regulations estab-
lishing criteria for determining whether to place 
a mine on pattern status under this subsection. 
Such criteria shall be based on a numerical 
Safe Performance Index shall evaluate mines 
according the following factors, each assigned 
appropriate weight as determined by the Sec-
retary: 
‘‘(i) The incidence rate of accidents 
resulting in no work days lost. 
‘‘(ii) The incidence rate of nonfatal 
accidents resulting in work days lost. 
‘‘(iii) A severity measure for all acci-
dents. 
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‘‘(iv) The number of citations for vio-
lations issued per 100 inspection hours. 
‘‘(v) The number of citations issued 
for significant and substantial violations 
per 100 inspection hours. 
‘‘(vi) The number of orders issued per 
1,000 inspection hours. 
‘‘(C) MINE
CATEGORIES.—A Safe Per-
formance Index shall be determined and main-
tained for each mine, according to the following 
classifications of mine type: 
‘‘(i) underground coal mines; 
‘‘(ii) surface coal mines; 
‘‘(iii) underground metal mines; 
‘‘(iv) surface metal mines; and 
‘‘(v) non-metal mines. 
‘‘(D) 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 
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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 Labor of the House of Rep-
resentatives and the Committee on Health, 
Education, Labor, and Pensions of the 
Senate. 
‘‘(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-
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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 
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 
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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-
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 
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Secretary shall issue a citation which shall 
be immediately referred to a Commission. 
The Secretary and the operator shall sub-
mit all relevant material regarding the dis-
pute to the Commission within 15 days of 
the date of the referral. The Commission 
shall render his or her decision with re-
spect 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 
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— 
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‘‘(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. 
‘‘(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.— 
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‘‘(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 
‘‘(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. 
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‘‘(6) EXPEDITED HEARING.—The operator of a 
mine whose mine exceeds the safe performance index 
threshold 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 enforcement action that has contributed to the 
mine being identified under this section, notwith-
standing whether the enforcement action was pre-
viously 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. 
‘‘(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-
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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). 
‘‘(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 
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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 
(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-
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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-
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: 
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‘‘(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.’’. 
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-
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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-
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, 
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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 
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. 
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‘‘(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 
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 a Commission. The Secretary 
and the mine operator shall submit all relevant 
material regarding the dispute to the Commis-
sion within 15 days of the date of the referral. 
The Commission shall render its decision with 
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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.’’. 
TITLE III—PENALTIES 
SEC. 301. CIVIL PENALTIES. 
(a) MAXIMUM CIVIL PENALTIES.—Section 110(a)(1) 
(30 U.S.C. 820(a)(1)) is amended— 
(1) by inserting ‘‘including any regulation pro-
mulgated under this Act,’’ after ‘‘this Act,’’; and 
(2) by striking ‘‘violation.’’ and inserting ‘‘viola-
tion, except that, in the case of a significant and 
substantial violation, the penalty shall be not more 
than $150,000 for each such violation.’’. 
(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-
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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 
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 
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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-
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) INTENT REQUIREMENTS FOR CRIMINAL PEN-
ALTY STANDARDS.—Section 110(d) (30 U.S.C. 820(d)) is 
amended— 
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(1) by striking ‘‘$250,000, or by imprisonment 
for not more than one year’’ and inserting 
‘‘$1,000,000, or by imprisonment for not more than 
5 years’’; and 
(2) by striking ‘‘$500,000, or by imprisonment 
for not more than five years’’ and inserting 
‘‘$2,000,000, or by imprisonment for not more than 
10 years’’. 
(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 or another law en-
forcement officer with any information related to the exist-
ence of a health or safety violation or an unhealthful or 
unsafe condition, policy, or practice under this Act shall 
be fined under title 18, United States Code, imprisoned 
for not more than 10 years, or both.’’. 
(c) ADVANCE NOTICE OF INSPECTIONS.— 
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(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— 
‘‘(1) that giving, causing to give, or attempting 
to give or cause to give advance notice of any inspec-
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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.— 
‘‘(i) IN
GENERAL.—No person shall 
discharge or in any manner discriminate 
against a miner or other employee of an 
operator for refusing to perform the min-
er’s or other employee’s duties if the miner 
or other employee has a good-faith and 
reasonable belief that performing such du-
ties would pose a safety or health hazard 
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