MINER Act
PL 109-236 (S.2803), enacted 06/15/2006

120 STAT. 493
PUBLIC LAW 109–236—JUNE 15, 2006
Public Law 109–236
109th Congress
An Act
To amend the Federal Mine Safety and Health Act of 1977 to improve the safety
of mines and mining.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Mine Improvement and New
Emergency Response Act of 2006’’ or the ‘‘MINER Act’’.
SEC. 2. EMERGENCY RESPONSE.
Section 316 of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 876) is amended—
(1) in the section heading by adding at the end the fol-
lowing: ‘‘AND EMERGENCY RESPONSE PLANS’’;
(2) by striking ‘‘Telephone’’ and inserting ‘‘(a) IN GEN-
ERAL.—Telephone’’; and
(3) by adding at the end the following:
‘‘(b) ACCIDENT PREPAREDNESS AND RESPONSE.—
‘‘(1) IN GENERAL.—Each underground coal mine operator
shall carry out on a continuing basis a program to improve
accident preparedness and response at each mine.
‘‘(2) RESPONSE AND PREPAREDNESS PLAN.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date of enactment of the Mine Improvement and New
Emergency Response Act of 2006, each underground coal
mine operator shall develop and adopt a written accident
response plan that complies with this subsection with
respect to each mine of the operator, and periodically
update such plans to reflect changes in operations in the
mine, advances in technology, or other relevant consider-
ations. Each such operator shall make the accident
response plan available to the miners and the miners’
representatives.
‘‘(B) PLAN REQUIREMENTS.—An accident response plan
under subparagraph (A) shall—
‘‘(i) provide for the evacuation of all individuals
endangered by an emergency; and
‘‘(ii) provide for the maintenance of individuals
trapped underground in the event that miners are
not able to evacuate the mine.
‘‘(C) PLAN
APPROVAL.—The accident response plan
under subparagraph (A) shall be subject to review and
approval by the Secretary. In determining whether to
approve a particular plan the Secretary shall take into
Deadline.
Mine
Improvement
and New
Emergency
Response Act of
2006.
30 USC 801 note.
June 15, 2006
[S. 2803]
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120 STAT. 494
PUBLIC LAW 109–236—JUNE 15, 2006
consideration all comments submitted by miners or their
representatives. Approved plans shall—
‘‘(i) afford miners a level of safety protection at
least consistent with the existing standards, including
standards mandated by law and regulation;
‘‘(ii) reflect the most recent credible scientific
research;
‘‘(iii) be technologically feasible, make use of cur-
rent commercially available technology, and account
for the specific physical characteristics of the mine;
and
‘‘(iv) reflect the improvements in mine safety
gained from experience under this Act and other
worker safety and health laws.
‘‘(D) PLAN REVIEW.—The accident response plan under
subparagraph (A) shall be reviewed periodically, but at
least every 6 months, by the Secretary. In such periodic
reviews, the Secretary shall consider all comments sub-
mitted by miners or miners’ representatives and inter-
vening advancements in science and technology that could
be implemented to enhance miners’ ability to evacuate
or otherwise survive in an emergency.
‘‘(E) PLAN
CONTENT-GENERAL
REQUIREMENTS.—To be
approved under subparagraph (C), an accident response
plan shall include the following:
‘‘(i) POST-ACCIDENT
COMMUNICATIONS.—The plan
shall provide for a redundant means of communication
with the surface for persons underground, such as
secondary telephone or equivalent two-way communica-
tion.
‘‘(ii) POST-ACCIDENT
TRACKING.—Consistent with
commercially available technology and with the phys-
ical constraints, if any, of the mine, the plan shall
provide for above ground personnel to determine the
current, or immediately pre-accident, location of all
underground personnel. Any system so utilized shall
be functional, reliable, and calculated to remain
serviceable in a post-accident setting.
‘‘(iii) POST-ACCIDENT BREATHABLE AIR.—The plan
shall provide for—
‘‘(I) emergency supplies of breathable air for
individuals trapped underground sufficient to
maintain such individuals for a sustained period
of time;
‘‘(II) in addition to the 2 hours of breathable
air per miner required by law under the emergency
temporary standard as of the day before the date
of enactment of the Mine Improvement and New
Emergency Response Act of 2006, caches of self-
rescuers providing in the aggregate not less than
2 hours per miner to be kept in escapeways from
the deepest work area to the surface at a distance
of no further than an average miner could walk
in 30 minutes;
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120 STAT. 495
PUBLIC LAW 109–236—JUNE 15, 2006
‘‘(III) a maintenance schedule for checking the
reliability of self rescuers, retiring older self-res-
cuers first, and introducing new self-rescuer tech-
nology, such as units with interchangeable air or
oxygen cylinders not requiring doffing to replenish
airflow and units with supplies of greater than
60 minutes, as they are approved by the Adminis-
tration and become available on the market; and
‘‘(IV) training for each miner in proper proce-
dures for donning self-rescuers, switching from one
unit to another, and ensuring a proper fit.
‘‘(iv) POST-ACCIDENT
LIFELINES.—The plan shall
provide for the use of flame-resistant directional life-
lines or equivalent systems in escapeways to enable
evacuation. The flame-resistance requirement of this
clause shall apply upon the replacement of existing
lifelines, or, in the case of lifelines in working sections,
upon the earlier of the replacement of such lifelines
or 3 years after the date of enactment of the Mine
Improvement and New Emergency Response Act of
2006.
‘‘(v) TRAINING.—The plan shall provide a training
program for emergency procedures described in the
plan which will not diminish the requirements for
mandatory health and safety training currently
required under section 115.
‘‘(vi) LOCAL COORDINATION.—The plan shall set out
procedures 
for 
coordination 
and 
communication
between the operator, mine rescue teams, and local
emergency response personnel and make provisions
for familiarizing local rescue personnel with surface
functions that may be required in the course of mine
rescue work.
‘‘(F) PLAN CONTENT-SPECIFIC REQUIREMENTS.—
‘‘(i) IN
GENERAL.—In addition to the content
requirements contained in subparagraph (E), and sub-
ject to the considerations contained in subparagraph
(C), the Secretary may make additional plan require-
ments with respect to any of the content matters.
‘‘(ii) POST ACCIDENT COMMUNICATIONS.—Not later
than 3 years after the date of enactment of the Mine
Improvement and New Emergency Response Act of
2006, a plan shall, to be approved, provide for post
accident communication between underground and sur-
face personnel via a wireless two-way medium, and
provide for an electronic tracking system permitting
surface personnel to determine the location of any per-
sons trapped underground or set forth within the plan
the reasons such provisions can not be adopted. Where
such plan sets forth the reasons such provisions can
not be adopted, the plan shall also set forth the opera-
tor’s alternative means of compliance. Such alternative
shall approximate, as closely as possible, the degree
of functional utility and safety protection provided by
the wireless two-way medium and tracking system
referred to in this subpart.
‘‘(G) PLAN DISPUTE RESOLUTION.—
Deadline.
Applicability.
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120 STAT. 496
PUBLIC LAW 109–236—JUNE 15, 2006
‘‘(i) IN GENERAL.—Any dispute between the Sec-
retary and an operator with respect to the content
of the operator’s plan or any refusal by the Secretary
to approve such a plan shall be resolved on an expe-
dited basis.
‘‘(ii) DISPUTES.—In the event of a dispute or refusal
described in clause (i), the Secretary shall issue a
citation which shall be immediately referred to a
Commission Administrative Law Judge. The Secretary
and the operator shall submit all relevant material
regarding the dispute to the Administrative Law Judge
within 15 days of the date of the referral. The Adminis-
trative Law Judge shall render his or her decision
with respect to the plan content dispute within 15
days of the receipt of the submission.
‘‘(iii) 
FURTHER
APPEALS.—A 
party 
adversely
affected by a decision under clause (ii) may pursue
all further available appeal rights with respect to the
citation 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 Administrative Law Judge.
‘‘(H) MAINTAINING PROTECTIONS FOR MINERS.—Notwith-
standing any other provision of this Act, nothing in this
section, and no response and preparedness plan developed
under this section, shall be approved if it reduces the
protection afforded miners by an existing mandatory health
or safety standard.’’.
SEC. 3. INCIDENT COMMAND AND CONTROL.
Title I of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 811 et seq.) is amended by adding at the end the
following:
‘‘SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RESCUE OPER-
ATIONS.
‘‘(a) IN GENERAL.—No person shall bring an action against
any covered individual or his or her regular employer for property
damage or an injury (or death) sustained as a result of carrying
out activities relating to mine accident rescue or recovery oper-
ations. This subsection shall not apply where the action that is
alleged to result in the property damages or injury (or death)
was the result of gross negligence, reckless conduct, or illegal con-
duct or, where the regular employer (as such term is used in
this Act) is the operator of the mine at which the rescue activity
takes place. Nothing in this section shall be construed to preempt
State workers’ compensation laws.
‘‘(b) COVERED INDIVIDUAL.—For purposes of subsection (a), the
term ‘covered individual’ means an individual—
‘‘(1) who is a member of a mine rescue team or who is
otherwise a volunteer with respect to a mine accident; and
‘‘(2) who is carrying out activities relating to mine accident
rescue or recovery operations.
‘‘(c) REGULAR EMPLOYER.—For purposes of subsection (a), the
term ‘regular employer’ means the entity that is the covered
employee’s legal or statutory employer pursuant to applicable State
law.’’.
30 USC 826.
Citation.
Deadlines.
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120 STAT. 497
PUBLIC LAW 109–236—JUNE 15, 2006
SEC. 4. MINE RESCUE TEAMS.
Section 115(e) of the Federal Mine Safety and Health Act
of 1977 (30 U.S.C. 825(e)) is amended—
(1) by inserting ‘‘(1)’’ after the subsection designation; and
(2) by adding at the end the following:
‘‘(2)(A) The Secretary shall issue regulations with regard to
mine rescue teams which shall be finalized and in effect not later
than 18 months after the date of enactment of the Mine Improve-
ment and New Emergency Response Act of 2006.
‘‘(B) Such regulations shall provide for the following:
‘‘(i) That such regulations shall not be construed to waive
operator training requirements applicable to existing mine
rescue teams.
‘‘(ii) That the Mine Safety and Health Administration shall
establish, and update every 5 years thereafter, criteria to certify
the qualifications of mine rescue teams.
‘‘(iii)(I) That the operator of each underground coal mine
with more than 36 employees—
‘‘(aa) have an employee knowledgeable in mine emer-
gency response who is employed at the mine on each shift
at each underground mine; and
‘‘(bb) make available two certified mine rescue teams
whose members—
‘‘(AA) are familiar with the operations of such coal
mine;
‘‘(BB) participate at least annually in two local
mine rescue contests;
‘‘(CC) participate at least annually in mine rescue
training at the underground coal mine covered by the
mine rescue team; and
‘‘(DD) are available at the mine within one hour
ground travel time from the mine rescue station.
‘‘(II)(aa) For the purpose of complying with subclause (I),
an operator shall employ one team that is either an individual
mine site mine rescue team or a composite team as provided
for in item (bb)(BB).
‘‘(bb) The following options may be used by an operator
to comply with the requirements of item (aa):
‘‘(AA) An individual mine-site mine rescue team.
‘‘(BB) A multi-employer composite team that is made
up of team members who are knowledgeable about the
operations and ventilation of the covered mines and who
train on a semi-annual basis at the covered underground
coal mine—
‘‘(aaa) which provides coverage for multiple opera-
tors that have team members which include at least
two active employees from each of the covered mines;
‘‘(bbb) which provides coverage for multiple mines
owned by the same operator which members include
at least two active employees from each mine; or
‘‘(ccc) which is a State-sponsored mine rescue team
comprised of at least two active employees from each
of the covered mines.
‘‘(CC) A commercial mine rescue team provided by
contract through a third-party vendor or mine rescue team
provided by another coal company, if such team—
Certification.
Regulations.
Deadline.
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PUBLIC LAW 109–236—JUNE 15, 2006
‘‘(aaa) trains on a quarterly basis at covered under-
ground coal mines;
‘‘(bbb) is knowledgeable about the operations and
ventilation of the covered mines; and
‘‘(ccc) is comprised of individuals with a minimum
of 3 years underground coal mine experience that shall
have occurred within the 10-year period preceding their
employment on the contract mine rescue team.
‘‘(DD) A State-sponsored team made up of State
employees.
‘‘(iv) That the operator of each underground coal mine
with 36 or less employees shall—
‘‘(I) have an employee on each shift who is knowledge-
able in mine emergency responses; and
‘‘(II) make available two certified mine rescue teams
whose members—
‘‘(aa) are familiar with the operations of such coal
mine;
‘‘(bb) participate at least annually in two local
mine rescue contests;
‘‘(cc) participate at least semi-annually in mine
rescue training at the underground coal mine covered
by the mine rescue team;
‘‘(dd) are available at the mine within one hour
ground travel time from the mine rescue station;
‘‘(ee) are knowledgeable about the operations and
ventilation of the covered mines; and
‘‘(ff) are comprised of individuals with a minimum
of 3 years underground coal mine experience that shall
have occurred within the 10-year period preceding their
employment on the contract mine rescue team.’’.
SEC. 5. PROMPT INCIDENT NOTIFICATION.
(a) IN GENERAL.—Section 103(j) of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 813(j)) is amended by inserting
after the first sentence the following: ‘‘For purposes of the preceding
sentence, the notification required shall be provided by the operator
within 15 minutes of the time at which the operator realizes that
the death of an individual at the mine, or an injury or entrapment
of an individual at the mine which has a reasonable potential
to cause death, has occurred.’’.
(b) PENALTY.—Section 110(a) of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 820(a)) is amended—
(1) by striking ‘‘The operator’’ and inserting ‘‘(1) The oper-
ator’’; and
(2) by adding at the end the following:
‘‘(2) The operator of a coal or other mine who fails to provide
timely notification to the Secretary as required under section 103(j)
(relating to the 15 minute requirement) shall be assessed a civil
penalty by the Secretary of not less than $5,000 and not more
than $60,000.’’.
SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
HEALTH.
(a) GRANTS.—Section 22 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 671) is amended by adding at the end
the following:
‘‘(h) OFFICE OF MINE SAFETY AND HEALTH.—
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PUBLIC LAW 109–236—JUNE 15, 2006
‘‘(1) IN GENERAL.—There shall be permanently established
within the Institute an Office of Mine Safety and Health which
shall be administered by an Associate Director to be appointed
by the Director.
‘‘(2) PURPOSE.—The purpose of the Office is to enhance
the development of new mine safety technology and techno-
logical applications and to expedite the commercial availability
and implementation of such technology in mining environments.
‘‘(3) FUNCTIONS.—In addition to all purposes and authori-
ties provided for under this section, the Office of Mine Safety
and Health shall be responsible for research, development,
and testing of new technologies and equipment designed to
enhance mine safety and health. To carry out such functions
the Director of the Institute, acting through the Office, shall
have the authority to—
‘‘(A) award competitive grants to institutions and pri-
vate entities to encourage the development and manufac-
ture of mine safety equipment;
‘‘(B) award contracts to educational institutions or pri-
vate laboratories for the performance of product testing
or related work with respect to new mine technology and
equipment; and
‘‘(C) establish an interagency working group as pro-
vided for in paragraph (5).
‘‘(4) GRANT AUTHORITY.—To be eligible to receive a grant
under the authority provided for under paragraph (3)(A), an
entity or institution shall—
‘‘(A) submit to the Director of the Institute an applica-
tion at such time, in such manner, and containing such
information as the Director may require; and
‘‘(B) include in the application under subparagraph
(A), a description of the mine safety equipment to be devel-
oped and manufactured under the grant and a description
of the reasons that such equipment would otherwise not
be developed or manufactured, including reasons relating
to the limited potential commercial market for such equip-
ment.
‘‘(5) INTERAGENCY WORKING GROUP.—
‘‘(A) ESTABLISHMENT.—The Director of the Institute,
in carrying out paragraph (3)(D) shall establish an inter-
agency working group to share technology and technological
research and developments that could be utilized to
enhance mine safety and accident response.
‘‘(B) MEMBERSHIP.—The working group under subpara-
graph (A) shall be chaired by the Associate Director of
the Office who shall appoint the members of the working
group, which may include representatives of other Federal
agencies or departments as determined appropriate by the
Associate Director.
‘‘(C) DUTIES.—The working group under subparagraph
(A) shall conduct an evaluation of research conducted by,
and the technological developments of, agencies and depart-
ments who are represented on the working group that
may have applicability to mine safety and accident response
and make recommendations to the Director for the further
development and eventual implementation of such tech-
nology.
Establishment.
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PUBLIC LAW 109–236—JUNE 15, 2006
‘‘(6) ANNUAL
REPORT.—Not later than 1 year after the
establishment of the Office under this subsection, and annually
thereafter, the Director of the Institute shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce
of the House of Representatives a report that, with respect
to the year involved, describes the new mine safety technologies
and equipment that have been studied, tested, and certified
for use, and with respect to those instances of technologies
and equipment that have been considered but not yet certified
for use, the reasons therefore.
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated, such sums as may be necessary to
enable the Institute and the Office of Mine Safety and Health
to carry out this subsection.’’.
SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS.
The Secretary of Labor shall establish a policy that—
(1) requires the temporary assignment of an individual
Department of Labor official to be a liaison between the Depart-
ment and the families of victims of mine tragedies involving
multiple deaths;
(2) requires the Mine Safety and Health Administration
to be as responsive as possible to requests from the families
of mine accident victims for information relating to mine
accidents; and
(3) requires that in such accidents, that the Mine Safety
and Health Administration shall serve as the primary communi-
cator with the operator, miners’ families, the press and the
public.
SEC. 8. PENALTIES.
(a) IN GENERAL.—Section 110 of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 820) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after the subsection designation;
and
(B) by adding at the end the following:
‘‘(2) Any operator who willfully violates a mandatory health
or safety standard, or knowingly violates or fails or refuses to
comply with any order issued under section 104 and section 107,
or any order incorporated in a final decision issued under this
title, except an order incorporated in a decision under paragraph
(1) or section 105(c), shall, upon conviction, be punished by a fine
of not more than $250,000, or by imprisonment for not more than
one year, or by both, except that if the conviction is for a violation
committed after the first conviction of such operator under this
Act, punishment shall be by a fine of not more than $500,000,
or by imprisonment for not more than five years, or both.
‘‘(3)(A) The minimum penalty for any citation or order issued
under section 104(d)(1) shall be $2,000.
‘‘(B) The minimum penalty for any order issued under section
104(d)(2) shall be $4,000.
‘‘(4) Nothing in this subsection shall be construed to prevent
an operator from obtaining a review, in accordance with section
106, of an order imposing a penalty described in this subsection.
If a court, in making such review, sustains the order, the court
30 USC 801 note.
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shall apply at least the minimum penalties required under this
subsection.’’; and
(2) by adding at the end of subsection (b) the following:
‘‘Violations under this section that are deemed to be flagrant
may be assessed a civil penalty of not more than $220,000.
For purposes of the preceding sentence, the term ‘flagrant’
with respect to a violation means a reckless or repeated failure
to make reasonable efforts to eliminate a known violation of
a mandatory health or safety standard that substantially and
proximately caused, or reasonably could have been expected
to cause, death or serious bodily injury.’’.
(b) REGULATIONS.—Not later than December 30, 2006, the Sec-
retary of Labor shall promulgate final regulations with respect
to penalties.
SEC. 9. FINE COLLECTIONS.
Section 108(a)(1)(A) of the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 818(a)(1)(A)) is amended by inserting before
the comma, the following: ‘‘, or fails or refuses to comply with
any order or decision, including a civil penalty assessment order,
that is issued under this Act’’.
SEC. 10. SEALING OF ABANDONED AREAS.
Not later than 18 months after the issuance by the Mine
Safety and Health Administration of a final report on the Sago
Mine accident or the date of enactment of the Mine Improvement
and New Emergency Response Act of 2006, whichever occurs earlier,
the Secretary of Labor shall finalize mandatory heath and safety
standards relating to the sealing of abandoned areas in underground
coal mines. Such health and safety standards shall provide for
an increase in the 20 psi standard currently set forth in section
75.335(a)(2) of title 30, Code of Federal Regulations.
SEC. 11. TECHNICAL STUDY PANEL.
Title V of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 951 et seq.) is amended by adding at the end the
following:
‘‘SEC. 514. TECHNICAL STUDY PANEL.
‘‘(a) ESTABLISHMENT.—There is established a Technical Study
Panel (referred to in this section as the ‘Panel’) which shall provide
independent scientific and engineering review and recommendations
with respect to the utilization of belt air and the composition
and fire retardant properties of belt materials in underground coal
mining.
‘‘(b) MEMBERSHIP.—The Panel shall be composed of—
‘‘(1) two individuals to be appointed by the Secretary of
Health and Human Services, in consultation with the Director
of the National Institute for Occupational Safety and Health
and the Associate Director of the Office of Mine Safety;
‘‘(2) two individuals to be appointed by the Secretary of
Labor, in consultation with the Assistant Secretary for Mine
Safety and Health; and
‘‘(3) two individuals, one to be appointed jointly by the
majority leaders of the Senate and House of Representatives
and one to be appointed jointly by the minority leader of the
Senate and House of Representatives, each to be appointed
30 USC 963.
Deadline.
Standards.
Sago Mine.
30 USC 811 note.
Deadline.
30 USC 820 note.
Courts.
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prior to the sine die adjournment of the second session of
the 109th Congress.
‘‘(c) QUALIFICATIONS.—Four of the six individuals appointed
to the Panel under subsection (b) shall possess a masters or doctoral
level degree in mining engineering or another scientific field demon-
strably related to the subject of the report. No individual appointed
to the Panel shall be an employee of any coal or other mine,
or of any labor organization, or of any State or Federal agency
primarily responsible for regulating the mining industry.
‘‘(d) REPORT.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
on which all members of the Panel are appointed under sub-
section (b), the Panel shall prepare and submit to the Secretary
of Labor, the Secretary of Health and Human Services, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and the Workforce
of the House of Representatives a report concerning the utiliza-
tion of belt air and the composition and fire retardant properties
of belt materials in underground coal mining.
‘‘(2) RESPONSE BY SECRETARY.—Not later than 180 days
after the receipt of the report under paragraph (1), the Sec-
retary of Labor shall provide a response to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and the Workforce of the House
of Representatives containing a description of the actions, if
any, that the Secretary intends to take based upon the report,
including proposing regulatory changes, and the reasons for
such actions.
‘‘(e) COMPENSATION.—Members appointed to the Panel, while
carrying out the duties of the Panel shall be entitled to receive
compensation, per diem in lieu of subsistence, and travel expenses
in the same manner and under the same conditions as that pre-
scribed under section 208(c) of the Public Health Service Act.’’.
SEC. 12. SCHOLARSHIPS.
Title V of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 951 et seq.), as amended by section 11, is further
amended by adding at the end the following:
‘‘SEC. 515. SCHOLARSHIPS.
‘‘(a) ESTABLISHMENT.—The Secretary of Education (referred to
in this section as the ‘Secretary’), in consultation with the Secretary
of Labor and the Secretary of Health and Human Services, shall
establish a program to provide scholarships to eligible individuals
to increase the skilled workforce for both private sector coal mine
operators and mine safety inspectors and other regulatory personnel
for the Mine Safety and Health Administration.
‘‘(b) FUNDAMENTAL SKILLS SCHOLARSHIPS.—
‘‘(1) IN GENERAL.—Under the program under subsection
(a), the Secretary may award scholarship to fully or partially
pay the tuition costs of eligible individuals enrolled in 2-year
associate’s degree programs at community colleges or other
colleges and universities that focus on providing the funda-
mental skills and training that is of immediate use to a begin-
ning coal miner.
‘‘(2) SKILLS.—The skills described in paragraph (1) shall
include basic math, basic health and safety, business principles,
management and supervisory skills, skills related to electric
30 USC 964.
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circuitry, skills related to heavy equipment operations, and
skills related to communications.
‘‘(3) ELIGIBILITY.—To be eligible to receive a scholarship
under this subsection an individual shall—
‘‘(A) have a high school diploma or a GED;
‘‘(B) have at least 2 years experience in full-time
employment in mining or mining-related activities;
‘‘(C) submit to the Secretary an application at such
time, in such manner, and containing such information;
and
‘‘(D) demonstrate an interest in working in the field
of mining and performing an internship with the Mine
Safety and Health Administration or the National Institute
for Occupational Safety and Health Office of Mine Safety.
‘‘(c) MINE SAFETY INSPECTOR SCHOLARSHIPS.—
‘‘(1) IN GENERAL.—Under the program under subsection
(a), the Secretary may award scholarship to fully or partially
pay the tuition costs of eligible individuals enrolled in under-
graduate bachelor’s degree programs at accredited colleges or
universities that provide the skills needed to become mine
safety inspectors.
‘‘(2) SKILLS.—The skills described in paragraph (1) include
skills developed through programs leading to a degree in mining
engineering, civil engineering, mechanical engineering, elec-
trical 
engineering, 
industrial 
engineering, 
environmental
engineering, industrial hygiene, occupational health and safety,
geology, chemistry, or other fields of study related to mine
safety and health work.
‘‘(3) ELIGIBILITY.—To be eligible to receive a scholarship
under this subsection an individual shall—
‘‘(A) have a high school diploma or a GED;
‘‘(B) have at least 5 years experience in full-time
employment in mining or mining-related activities;
‘‘(C) submit to the Secretary an application at such
time, in such manner, and containing such information;
and
‘‘(D) agree to be employed for a period of at least
5 years at the Mine Safety and Health Administration
or, to repay, on a pro-rated basis, the funds received under
this program, plus interest, at a rate established by the
Secretary upon the issuance of the scholarship.
‘‘(d) ADVANCED RESEARCH SCHOLARSHIPS.—
‘‘(1) IN GENERAL.—Under the program under subsection
(a), the Secretary may award scholarships to fully or partially
pay the tuition costs of eligible individuals enrolled in under-
graduate bachelor’s degree, masters degree, and Ph.D. degree
programs at accredited colleges or universities that provide
the skills needed to augment and advance research in mine
safety and to broaden, improve, and expand the universe of
candidates for mine safety inspector and other regulatory posi-
tions in the Mine Safety and Health Administration.
‘‘(2) SKILLS.—The skills described in paragraph (1) include
skills developed through programs leading to a degree in mining
engineering, civil engineering, mechanical engineering, elec-
trical 
engineering, 
industrial 
engineering, 
environmental
engineering, industrial hygiene, occupational health and safety,
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geology, chemistry, or other fields of study related to mine
safety and health work.
‘‘(3) ELIGIBILITY.—To be eligible to receive a scholarship
under this subsection an individual shall—
‘‘(A) have a bachelor’s degree or equivalent from an
accredited 4-year institution;
‘‘(B) have at least 5 years experience in full-time
employment in underground mining or mining-related
activities; and
‘‘(C) submit to the Secretary an application at such
time, in such manner, and containing such information.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section.’’.
SEC. 13. RESEARCH CONCERNING REFUGE ALTERNATIVES.
(a) IN GENERAL.—The National Institute of Occupational Safety
and Health shall provide for the conduct of research, including
field tests, concerning the utility, practicality, survivability, and
cost of various refuge alternatives in an underground coal mine
environment, including commercially-available portable refuge
chambers.
(b) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the National Institute for Occupational
Safety and Health shall prepare and submit to the Secretary
of Labor, the Secretary of Health and Human Services, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and the Workforce
of the House of Representatives a report concerning the results
of the research conducted under subsection (a), including any
field tests.
(2) RESPONSE
BY
SECRETARY.—Not later than 180 days
after the receipt of the report under paragraph (1), the Sec-
retary of Labor shall provide a response to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and the Workforce of the House
of Representatives containing a description of the actions, if
any, that the Secretary intends to take based upon the report,
including proposing regulatory changes, and the reasons for
such actions.
SEC. 14. BROOKWOOD-SAGO MINE SAFETY GRANTS.
(a) IN GENERAL.—The Secretary of Labor shall establish a
program to award competitive grants for education and training,
to be known as Brookwood-Sago Mine Safety Grants, to carry
out the purposes of this section.
(b) PURPOSES.—It is the purpose of this section, to provide
for the funding of education and training programs to better iden-
tify, avoid, and prevent unsafe working conditions in and around
mines.
(c) ELIGIBILITY.—To be eligible to receive a grant under this
section, an entity shall—
(1) be a public or private nonprofit entity; and
(2) submit to the Secretary of Labor an application at
such time, in such manner, and containing such information
as the Secretary may require.
30 USC 965.
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LEGISLATIVE HISTORY—S. 2803:
SENATE REPORTS: No. 109–365 (Comm. on Health, Education, Labor,
and Penions).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 24, considered and passed Senate.
June 7, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
June 15, Presidential remarks.
(d) USE OF FUNDS.—Amounts received under a grant under
this section shall be used to establish and implement education
and training programs, or to develop training materials for
employers and miners, concerning safety and health topics in mines,
as determined appropriate by the Mine Safety and Health Adminis-
tration.
(e) AWARDING OF GRANTS.—
(1) ANNUAL
BASIS.—Grants under this section shall be
awarded on an annual basis.
(2) SPECIAL EMPHASIS.—In awarding grants under this sec-
tion, the Secretary of Labor shall give special emphasis to
programs and materials that target workers in smaller mines,
including training miners and employers about new Mine Safety
and Health Administration standards, high risk activities, or
hazards identified by such Administration.
(3) PRIORITY.—In awarding grants under this section, the
Secretary of Labor shall give priority to the funding of pilot
and demonstration projects that the Secretary determines will
provide opportunities for broad applicability for mine safety.
(f) EVALUATION.—The Secretary of Labor shall use not less
than 1 percent of the funds made available to carry out this section
in a fiscal year to conduct evaluations of the projects funded under
grants under this section.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each fiscal year, such sums as may be
necessary to carry out this section.
Approved June 15, 2006.
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