,i #aacth ,,congress #ast ,session ,h4 ,r4 #acgc ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjac ,mr4 ,george ,miller of ,california 7for himself1 ,mr4 ,rahall1 ,mr4 ,courtney1 ,ms4 ,shea-,porter1 ,mr4 ,holt1 ,mr4 ,yarmuth1 ,mr4 ,andrews1 ,mr4 ,grijalva1 ,mr4 ,nadler1 ,mr4 ,langevin1 ,mr4 ,schiff1 ,mr4 ,visclosky1 ,mr4 ,honda1 ,mr4 ,ryan of ,ohio1 ,mr4 ,blumenauer1 ,ms4 ,slaughter1 ,mr4 ,conyers1 and ,mr4 ,enyart7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to improve compliance with mine safety and health laws1 empower miners to raise safety concerns1 prevent future mine tragedies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references4 ,title ,i--,additional inspection and investigation authority ,sec4 #aja4 ,independent accident investigations4 ,sec4 #ajb4 ,subpoena authority and miner rights during inspections and investigations4 ,sec4 #ajc4 ,designation of miner representative4 ,sec4 #ajd4 ,additional amendments relating to inspections and investigations4 ,title ,,ii--,enhanced enforcement authority ,sec4 #bja4 ,technical amendment4 ,sec4 #bjb4 ,procedures and criteria for determining a pattern of violations4 ,sec4 #bjc4 ,injunctive authority4 ,sec4 #bjd4 ,revocation of approval of plans4 ,sec4 #bje4 ,challenging a decision to approve1 modify1 or revoke a coal or other mine plan4 ,sec4 #bjf4 ,,gao ,study on ,,msha ,mine ,plan ,approval4 ,title ,,iii--,penalties ,sec4 #cja4 ,civil penalties4 ,sec4 #cjb4 ,civil and criminal liability of officers1 directors1 and agents4 ,sec4 #cjc4 ,criminal penalties4 ,sec4 #cjd4 ,commission review of penalty assessments4 ,sec4 #cje4 ,delinquent payments and prejudgment interest4 ,title ,,iv--,miners' ,rights and ,protections ,sec4 #dja4 ,protection from retaliation4 ,sec4 #djb4 ,protection from loss of pay4 ,sec4 #djc4 ,underground coal miner employment standard for mines placed in pattern of violations status4 ,title ,v--,modernizing health and safety standards ,sec4 #eja4 ,pre-shift review of mine conditions4 ,sec4 #ejb4 ,rock dust standards4 ,sec4 #ejc4 ,atmospheric monitoring systems4 ,sec4 #ejd4 ,technology related to respirable dust4 ,sec4 #eje4 ,refresher training on miners' rights and responsibilities4 ,sec4 #ejf4 ,authority to mandate additional training4 ,sec4 #ejg4 ,brookwood-,sago ,mine ,safety ,grants4 ,sec4 #ejh4 ,certification of personnel4 ,sec4 #eji4 ,electronic records requirement4 ,title ,,vi--,additional mine safety provisions ,sec4 #fja4 ,definitions4 ,sec4 #fjb4 ,assistance to ,states4 ,sec4 #fjc4 ,black lung medical reports4 ,sec4 #fjd4 ,authorization of cooperative agreements by ,,niosh ,office of ,mine ,safety and ,health4 ,sec4 #fje4 ,rules of application to certain mines4 ,sec4 #fjf4 ,double encumbrance2 succession plan4 #b4 ,references ,except as otherwise expressly provided1 whenever in this ,act an amendment is expressed as an amendment to a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hja et seq474 ,i ,additional inspection and investigation authority #aja4 ,independent accident investigations 7a7 ,in general ,section #ajc7;b7 7#cj ,u4,s4,c4 #hac7;b77 is amended by striking 7b7 ,for the purpose and inserting the following3 7b7 ,accident investigations 7#a7 ,in general ,for all accident investigations under this ,act1 the ,secretary shall-- 7,a7 determine why the accident occurred2 7,b7 determine whether there were violations of law1 mandatory health and safety standards1 or other requirements1 and if there is evidence of conduct that may constitute a violation of ,federal criminal law1 the ,secretary may refer such evidence to the ,attorney ,general2 and 7,c7 make recommendations to avoid any recurrence4 7#b7 ,independent accident investigations 7,a7 ,in general ,there shall be1 in addition to an accident investigation under paragraph 7#a71 an independent investigation by an independent investigation panel 7referred to in this subsection as the ,panel7 appointed under subparagraph 7,b7 for-- 7i7 any accident involving #c or more deaths2 or 7ii7 any accident that is of such severity or scale for potential or actual harm that1 in the opinion of the ,secretary of ,health and ,human ,services1 the accident merits an independent investigation4 7,b7 ,appointment 7i7 ,in general ,as soon as practicable after an accident described in subparagraph 7,a71 the ,secretary of ,health and ,human ,services shall appoint #e members for the ,panel required under this paragraph from among individuals who have expertise in accident investigations1 mine engineering1 or mine safety and health that is relevant to the particular investigation4 7ii7 ,chairperson ,the ,panel shall include1 and be chaired by1 a representative from the ,office of ,mine ,safety and ,health ,research1 of the ,national ,institute for ,occupational ,safety and ,health 7referred to in this subsection as ,,niosh74 7iii7 ,conflicts of interest ,panel members1 and staff and consultants assisting the ,panel with an investigation1 shall be free from conflicts of interest with regard to the investigation1 and be subject to the same standards of ethical conduct for persons employed by the ,secretary4 7iv7 ,composition ,the ,secretary of ,health and ,human ,services shall appoint as members of the ,panel-- 7,i7 #a operator of a mine or individual representing mine operators1 and 7,,ii7 #a representative of a labor organization that represents miners1 and may not appoint more than #a of either such individuals as members of the ,panel4 7v7 ,staff and expenses ,the ,director of ,,niosh shall designate ,,niosh staff to facilitate the work of the ,panel4 ,the ,director may accept as staff personnel on detail from other ,federal agencies or re-employ annuitants4 ,the detail of personnel under this paragraph may be on a non-reimbursable basis1 and such detail shall be without interruption or loss of civil service status or privilege4 ,the ,director of ,,niosh shall have the authority to procure on behalf of the ,panel such materials1 supplies or services1 including technical experts1 as requested in writing by a majority of the ,panel4 7vi7 ,compensation and travel ,all members of the ,panel who are officers or employees of the ,united ,states shall serve without compensation in addition to that received for their services as officers or employees of the ,united ,states4 ,each ,panel member who is not an officer or employee of the ,united ,states shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which such member is engaged in the performance of duties of the ,panel4 ,the members of the ,panel shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter #a of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,panel4 7,c7 ,duties ,the ,panel shall-- 7i7 assess and identify any factors that caused the accident1 including deficiencies in safety management systems1 regulations1 enforcement1 industry practices or guidelines1 or organizational failures2 7ii7 identify and evaluate any contributing actions or inactions of-- 7,i7 the operator2 7,,ii7 any contractors or other persons engaged in mining-related functions at the site2 7,,iii7 any ,state agency with oversight responsibilities2 7,,iv7 any agency or office within the ,department of ,labor2 7,v7 the ,federal ,mine ,safety and ,health ,review ,commission2 or 7,,vi7 any other person or entity 7including equipment manufacturers72 7iii7 review the determinations and recommendations by the ,secretary under paragraph 7#a72 7iv7 prepare a report that-- 7,i7 includes the findings regarding the causal factors described in clauses 7i7 and 7ii72 7,,ii7 identifies any strengths and weaknesses in the ,secretary's investigation2 and 7,,iii7 includes recommendations1 including interim recommendations where appropriate1 to industry1 labor organizations1 ,state and ,federal agencies1 or ,congress1 regarding policy1 regulatory1 enforcement1 administrative1 or other changes1 which in the judgment of the ,panel1 would prevent a recurrence at other mines2 and 7v7 publish such findings and recommendations 7excluding any portions which the ,attorney ,general requests that the ,secretary withhold in relation to a criminal referral7 and hold public meetings to inform the mining community and families of affected miners of the ,panel's findings and recommendations4 7,d7 ,hearings2 applicability of certain ,federal law ,the ,panel shall have the authority to conduct public hearings or meetings1 but shall not be subject to the ,federal ,advisory ,committee ,act4 ,all public hearings of the ,panel shall be subject to the requirements under section #eeb;b of title #e1 ,united ,states ,code4 7,e7 ,memorandum of ,understanding ,not later than #ij days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary of ,labor and the ,secretary of ,health and ,human ,services shall conclude and publically issue a memorandum of understanding that-- 7i7 outlines administrative arrangements which will facilitate a coordination of efforts between the ,secretary of ,labor and the ,panel1 ensures that the ,secretary's investigation under paragraph 7#a7 is not delayed or otherwise compromised by the activities of the ,panel1 and establishes a process to resolve any conflicts between such investigations2 7ii7 ensures that ,panel members or staff will be able to participate in investigation activities 7such as mine inspections and interviews7 related to the ,secretary of ,labor's investigation and will have full access to documents that are assembled or produced in such investigation1 and ensures that the ,secretary of ,labor will make all of the authority available to such ,secretary under this section to obtain information and witnesses which may be requested by such ,panel2 and 7iii7 establishes such other arrangements as are necessary to implement this paragraph4 7,f7 ,procedures ,not later than #ij days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary of ,health and ,human ,services shall establish procedures to ensure the consistency and effectiveness of ,panel investigations4 ,in establishing such procedures1 such ,secretary shall consult with independent safety investigation agencies1 sectors of the mining industry1 representatives of miners1 families of miners involved in fatal accidents1 ,state mine safety agencies1 and mine rescue organizations4 ,such procedures shall include-- 7i7 authority for the ,panel to use evidence1 samples1 interviews1 data1 analyses1 findings1 or other information gathered by the ,secretary of ,labor1 as the ,panel determines valid2 7ii7 provisions to ensure confidentiality if requested by any witness1 to the extent permitted by law1 and prevent conflicts of interest in witness representation2 and 7iii7 provisions for preservation of public access to the ,panel's records through the ,secretary of ,health and ,human ,services4 7,g7 ,subpoenas2 witnesses2 contempt 7i7 ,subpoena authority ,for the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph1 the ,director of the ,national ,institute for ,occupational ,safety and ,health shall at the request of a majority of the ,panel or upon his own initiative sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers1 books1 and documents1 and administer oaths4 ,witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the ,united ,states4 7ii7 ,contumacy ,in case of contumacy or refusal to obey a subpoena served upon any person under this section1 the district court of the ,united ,states for any district in which such person is found or resides or transacts business1 upon application by the ,united ,states and after notice to such person1 shall have jurisdiction to issue an order requiring such person to appear and give testimony before the ,director or ,panel1 or to appear and produce documents before the ,director or ,panel1 or both1 and any failure to obey such order of the court may be punished by such court as a contempt thereof4 7iii7 ,additional investigative authority ,in carrying out inspections and investigations under this subsection1 the staff of the ,director or ,panel and attorneys representing the ,director or ,panel are authorized to question any individual privately4 ,under this subparagraph1 any individual who is willing to speak with or provide a statement to the ,director or ,panel's staff or their attorneys1 may do so without the presence1 involvement1 or knowledge of the operator or the operator's agents or attorneys4 ,the ,director or ,panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law4 ,nothing in this paragraph prevents any individual from being represented by that individual's personal attorney or other representative4 7,h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection such sums as may be necessary4 7#c7 ,powers and processes ,for the purpose 4 7b7 ,reporting requirements ,section #eaa7;a7 7#cj ,u4,s4,c4 #ieh7;a77 is amended by inserting after #eja1 the following3 the status of implementation of recommendations from each independent investigation panel under section #ajc7;b7 received in the preceding #e years4 #ajb4 ,subpoena authority and miner rights during inspections and investigations ,section #ajc7;b7 7as amended by section #aja7 7#cj ,u4,s4,c4 #hac7;b77 is further amended by adding at the end the following3 7#d7 ,additional powers ,for purposes of making inspections and investigations1 the ,secretary or the ,secretary's designee1 may sign and issue subpoenas for the attendance and testimony of witnesses and the production of information1 including all relevant data1 papers1 books1 documents1 and items of physical evidence1 and administer oaths4 ,witnesses summoned shall be paid the same fees that are paid witnesses in the courts of the ,united ,states4 ,in carrying out inspections and investigations under this subsection1 authorized representatives of the ,secretary and attorneys representing the ,secretary are authorized to question any individual privately4 ,under this section1 any individual who is willing to speak with or provide a statement to such authorized representatives or attorneys representing the ,secretary may do so without the presence1 involvement1 or knowledge of the operator or the operator's agents or attorneys4 ,the ,secretary shall keep the identity of an individual providing such a statement confidential to the extent permitted by law4 ,nothing in this paragraph prevents any individual from being represented by that individual's personal attorney or other representative4 4 #ajc4 ,designation of miner representative ,section #ajc7;f7 7#cj ,u4,s4,c4 #hac7;f77 is amended by inserting before the last sentence the following3 ,if any miner is entrapped1 disabled1 killed1 or otherwise prevented as the result of an accident in such mine from designating such a representative directly1 such miner's closest relative may act on behalf of such miner in designating such a representative4 ,if any miner is not currently working in such mine as the result of an accident in such mine1 but would be currently working in such mine but for such accident1 such miner may designate such a representative4 ,a representative of miners shall have the right to participate in any accident investigation the ,secretary initiates pursuant to subsection 7b71 including the right to participate in investigative interviews and to review all relevant papers1 books1 documents and records produced in connection with the accident investigation1 unless the ,secretary1 in consultation with the ,attorney ,general1 excludes such representatives from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration44 #ajd4 ,additional amendments relating to inspections and investigations 7a7 ,hours of inspections ,section #ajc7;a7 7#cj ,u4,s4,c4 #hac7;a77 is amended by inserting after the third sentence the following3 ,such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this ,act are afforded to all miners working all shifts44 7b7 ,review of mine pattern of violations status ,section #ajc7;a7 is further amended by inserting before the last sentence the following3 ,the ,secretary shall1 upon request by an operator1 review with the appropriate mine officials the ,secretary's most recent evaluation for pattern of violations status 7as provided in section #ajd7;e77 for that mine during the course of a mine's regular quarterly inspection of an underground mine or a biannual inspection of a surface mine1 or1 at the discretion of the ,secretary1 during the pre-inspection conference44 7c7 ,injury and illness reporting ,section #ajc7;d7 7#cj ,u4,s4,c4 #hac7;d77 is amended by striking the last sentence and inserting the following3 ,the records to be kept and made available by the operator of the mine shall include man-hours worked and occupational injuries and illnesses with respect to the miners in their employ or under their direction or authority1 and shall be maintained separately for each mine and be reported at a frequency determined by the ,secretary1 but at least annually4 ,independent contractors 7within the meaning of section #c7;d77 shall be responsible for reporting accidents1 occupational injuries and illnesses1 and man-hours worked for each mine with respect to the miners in their employ or under their direction or authority1 and shall be reported at a frequency determined by the ,secretary1 but at least annually4 ,reports or records of operators and contractors required and submitted to the ,secretary under this subsection shall be signed and certified as accurate and complete by a knowledgeable and responsible person possessing a certification1 registration1 qualification1 or other approval1 as provided for under section #aah4 ,knowingly falsifying such records or reports shall be grounds for revoking such certification1 registration1 qualification1 or other approval under the standards established under subsection 7b77#a7 of such section44 7d7 ,orders following an accident ,section #ajc7k7 7#cj ,u4,s4,c4 #hac7k77 is amended by striking 1 when present14 7e7 ,conflict of interest in the representation of miners ,section #ajc7;a7 7#cj ,u4,s4,c4 #hac7;a77 is amended by adding at the end the following3 ,during inspections and investigations under this section1 and during any litigation under this ,act1 no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual1 unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation4 ,the ,secretary is authorized to take such actions as the ,secretary considers appropriate to ascertain whether such individual has knowingly and voluntarily waived all such conflicts of interest4 ,if the ,secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest1 the ,secretary may petition the appropriate ,united ,states ,district ,court which shall have jurisdiction to disqualify such attorney as counsel to such individual in the matter4 ,the ,secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action44 ,,ii ,enhanced enforcement authority #bja4 ,technical amendment ,section #ajd7;d77#a7 7#cj ,u4,s4,c4 #had7;d77#a77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking any mandatory health or safety standard and inserting any provision of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act2 and 7,b7 by striking such mandatory health or safety standards and inserting such provisions1 regulations1 or mandatory health or safety standards2 and 7#b7 in the second sentence1 by striking any mandatory health or safety standard and inserting any provision of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act14 #bjb4 ,procedures and criteria for determining a pattern of violations ,part #ajd of chapter ,i of title #cj1 ,code of ,federal ,regulations1 as revised by the ,federal ,mine ,safety and ,health ,administration and published at #gh ,federal ,register #ejgc 7,january #bc1 #bjac7 shall have the force and effect of law and shall remain in effect subject to an ,act of ,congress4 #bjc4 ,injunctive authority ,section #ajh7;a77#b7 7#cj ,u4,s4,c4 #hah7;a77#b77 is amended by striking a pattern of violation of and all that follows and inserting a course of conduct that in the judgment of the ,secretary constitutes a continuing hazard to the health or safety of miners1 including violations of this ,act or of mandatory health and safety standards or regulations under this ,act44 #bjd4 ,revocation of approval of plans ,section #aje 7#cj ,u4,s4,c4 #hae7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,revocation of approval of plans 7#a7 ,revocation ,if the ,secretary finds that any program or plan of an operator1 or part thereof1 that was approved by the ,secretary under this ,act is based on inaccurate information or that circumstances 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 miners1 the ,secretary shall revoke the approval of such program or plan4 7#b7 ,withdrawal orders ,upon revocation of the approval of a program or plan under subsection 7a71 the ,secretary may immediately issue an order requiring the operator to cause all persons1 except those persons referred to in section #ajd7;c71 to be withdrawn from such mine or an area of such mine1 and to be prohibited from entering such mine or such area1 until the operator has submitted and the ,secretary has approved a new plan4 4 #bje4 ,challenging a decision to approve1 modify1 or revoke a coal or other mine plan ,section #aje7;e7 7as redesignated by section #bjd7a77 7#cj ,u4,s4,c4 #hae7;e77 is amended by adding at the end the following3 ,in any proceeding in which a party challenges the ,secretary's decision whether to approve1 modify1 or revoke a coal or other mine plan under this ,act1 the ,commission shall affirm the ,secretary's decision unless the challenging party establishes that such decision was arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law44 #bjf4 ,,gao ,study on ,,msha ,mine ,plan ,approval ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall provide a report to ,congress on the timeliness of the ,mine ,safety and ,health ,administration's approval of underground coal mines' required plans and plan amendments1 including-- 7#a7 factors that contribute to any delays in the approval of these plans2 and 7#b7 as appropriate1 recommendations for improving timeliness of plan review and for achieving prompt decisions4 ,,iii ,penalties #cja4 ,civil penalties 7a7 ,targeted penalties ,section #aaj7;b7 7#cj ,u4,s4,c4 #hbj7;b77 is amended by adding at the end the following3 7#c7 ,a civil penalty of not more than #bbj1jjj may be assessed for-- 7,a7 any change to a ventilation system or ventilation control in a coal or other mine1 where such ventilation system or control is required by a ventilation plan1 safety standard1 or order1 and such change is made without prior approval of the ,secretary and diminishes the level of protection below the minimum requirements of the approved ventilation plan or applicable safety standard or order2 7,b7 a violation of a mandatory health and safety standard requiring rock dusting in a coal mine2 7,c7 a violation of the statutory prohibition on providing advance notice of an inspection2 or 7,d7 a violation of a mandatory health and safety standard requiring examinations of work areas in an underground coal mine4 4 7b7 ,increased civil penalties during pattern of violations status ,section #aaj7;b7 7#cj ,u4,s4,c4 #hbj7;b77 is further amended by adding at the end the following3 7#c7 ,notwithstanding any other provision of this ,act1 an operator of a coal or other mine that is in pattern of violations status under section #ajd7;e7 shall be assessed an increased civil penalty for any violation of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act4 ,such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this ,act1 including the regulations promulgated under this ,act1 subject to the maximum civil penalty established for the violation under this ,act4 4 7c7 ,civil penalty for retaliation ,section #aaj7;a7 7#cj ,u4,s4,c4 #hbj7;a77 is further amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,if any person violates section #aje7;c71 the ,secretary shall propose1 and the ,commission shall assess1 a civil penalty of not less than #aj1jjj or more than #ajj1jjj for the first occurrence of such violation1 and not less than #bj1jjj or more than #bjj1jjj for any subsequent violation1 during any #c-year period4 4 7d7 ,technical correction ,section #aaj7;a77#a7 7#cj ,u4,s4,c4 #hbj7;a77#a77 is amended by inserting including any regulation promulgated under this ,act1 after this ,act14 #cjb4 ,civil and criminal liability of officers1 directors1 and agents ,section #aaj7;c7 7#cj ,u4,s4,c4 #hbj7;c77 is amended to read as follows3 7c7 ,civil and criminal liability of officers1 directors1 and agents 7#a7 ,civil penalties ,whenever an operator engages in conduct for which the operator is subject to civil penalties under this section1 any director1 officer1 or agent of such operator who knowingly authorizes1 orders1 or carries out such conduct1 or who knowingly authorizes1 orders1 or carries out any policy or practice that results in such conduct and having reason to believe it would so result1 shall be subject to the same civil penalties under this section as if it were an operator engaging in such conduct4 7#b7 ,criminal penalties ,whenever an operator engages in conduct for which the operator is subject to criminal penalties under subsection 7d71 any director1 officer1 or agent of such operator who knowingly authorizes1 orders1 or carries out such conduct1 or who knowingly authorizes1 orders1 or carries out a policy or practice that results in such conduct1 and knowing that it will so result1 shall be subject to the same penalties under paragraphs 7#a7 or 7#b7 of subsection 7d7 as if such person were an operator engaging in such conduct4 4 #cjc4 ,criminal penalties 7a7 ,in general ,section #aaj 7#cj ,u4,s4,c4 #hbj7 is amended by striking subsection 7d7 and-- 7#a7 by inserting the following new heading3 7d7 ,criminal penalties 2 7#b7 by inserting after the heading 7as added by paragraph 7#a7 of this subsection71 the following new paragraph3 7#a7 ,in general ,whoever1 being an operator1 knowingly-- 7,a7 violates a mandatory health or safety standard1 or 7,b7 violates or fails or refuses to comply with any order issued under section #ajd or section #ajg1 or any order incorporated in a final decision issued under this ,act 7except an order incorporated in a decision under subsection 7a77#a7 or section #aje7;c771 shall1 upon conviction1 be fined not more than #bej1jjj1 or imprisoned for not more than #a year1 or both1 except that if the operator commits the violation after having been previously convicted of a violation under this paragraph and if1 the operator knows or has reason to know that such subsequent violation has the potential to expose a miner to risk of serious injury1 serious illness1 or death1 the operator shall1 upon conviction1 be fined not more than #a1jjj1jjj1 or imprisoned for not more than #e years1 or both4 2 7#c7 by inserting after paragraph 7#a7 7as added by paragraph 7#b7 of this subsection71 the following new paragraph3 7#b7 ,significant risk of serious injury1 serious illness1 or death ,whoever1 being an operator1 knowingly-- 7,a7 tampers with or disables a required safety device 7except with express authorization from the ,secretary71 7,b7 violates a mandatory health or safety standard1 or 7,c7 violates or fails or refuses to comply with an order issued under section #ajd or #ajg1 or any order incorporated in a final decision issued under this ,act 7except an order incorporated in a decision under subsection 7a77#a7 or section #aje7;c771 and thereby recklessly exposes a miner to significant risk of serious injury1 serious illness1 or death1 shall1 upon conviction1 be fined not more than #a1jjj1jjj or imprisoned for not more than #e years1 or both1 except that if the operator commits the violation after having been previously convicted of a violation under this paragraph1 the operator shall1 upon conviction1 be fined not more than #b1jjj1jjj1 or imprisoned for not more than #aj years1 or both4 2 and 7#d7 by inserting after paragraph 7#b7 7as added by paragraph 7#c7 of this subsection71 the following new paragraph3 7#c7 ,criminal penalties for retaliation ,whoever knowingly-- 7,a7 with the intent to retaliate1 interferes with the lawful employment or livelihood of a person1 or the spouse1 sibling1 child1 or parent of a person1 because any of them provides information to an authorized representative of the ,secretary1 to a ,state or local mine safety or health officer or official1 or to other law enforcement officer1 in reasonable belief that the information is true and related to an apparent health or safety violation1 or to an apparent unhealthful or unsafe condition1 policy1 or practice under this ,act1 or 7,b7 interferes1 or threatens to interfere1 with the lawful employment or livelihood of a person1 or the spouse1 sibling1 child1 or parent of a person1 with the intent to prevent any of them from so providing such information1 shall be fined under title #ah or imprisoned for not more than #e years1 or both4 4 7b7 ,advance notice of inspections 7#a7 ,in general ,section #aaj7;e7 7#cj ,u4,s4,c4 #hbj7;e77 is amended to read as follows3 7e7 ,whoever knowingly1 with intent to give advance notice of an inspection conducted or to be conducted under this ,act1 and thereby to impede1 interfere with1 or frustrate such inspection1 engages in1 or directs another person to engage in1 conduct that a reasonable person would expect to result in such advance notice1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #e years1 or both1 except that a miner 7other than a director1 officer or agent of the operator involved7 who commits the offense at the direction of a superior shall be fined under title #ah1 or imprisoned not more than #a year1 or both1 unless the miner commits a second or subsequent offense under this subsection 7without regard to whether the offense was committed at the direction of a superior7 in which case the miner shall be fined for such second and subsequent offense under title #ah1 ,united ,states ,code1 or imprisoned for not more than #e years1 or both4 4 7#b7 ,posting of advance notice penalties ,section #aji 7#cj ,u4,s4,c4 #hai7 is amended by adding at the end the following3 7e7 ,posting of advance notice penalties ,each operator of a coal or other mine shall post1 on the bulletin board described in subsection 7a7 and in a conspicuous place near each staffed entrance onto the mine property1 a notice stating1 in a form and manner to be prescribed by the ,secretary-- 7#a7 that it is unlawful pursuant to section #aaj7;e7 for any person1 with the intent to impede1 interfere with1 or frustrate an inspection conducted or to be conducted under this ,act1 to engage in1 or direct another person to engage in1 any conduct that a reasonable person would expect to result in advance notice of such inspection2 and 7#b7 the maximum penalties for a violation under such subsection4 4 #cjd4 ,commission review of penalty assessments ,section #aaj7;i7 7#cj ,u4,s4,c4 #hbj7;i77 is amended by striking ,in assessing civil monetary penalties1 the ,commission shall consider and inserting the following3 ,in any review of a citation and proposed penalty assessment contested by an operator1 the ,commission shall assess not less than the penalty derived by using the same methodology 7including any point system7 prescribed in regulations under this ,act1 so as to ensure consistency in operator penalty assessments1 except that the ,commission may assess a penalty for less than the amount that would result from the utilization of such methodology if the ,commission finds that there are extraordinary circumstances4 ,if there is no such methodology prescribed for a citation or there are such extraordinary circumstances1 the ,commission shall assess the penalty by considering4 #cje4 ,delinquent payments and prejudgment interest 7a7 ,pre-,final order interest ,section #aaj7;j7 7#cj ,u4,s4,c4 #hbj7;j77 is amended by striking the second and third sentences and inserting the following3 ,pre-final order interest on such penalties shall begin to accrue on the date the operator contests a citation issued under this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act1 and shall end upon the issuance of the final order4 ,such pre-final order interest shall be calculated at the current underpayment rate determined by the ,secretary of the ,treasury pursuant to section #ffba of the ,internal ,revenue ,code of #aihf1 and shall be compounded daily4 ,post-final order interest shall begin to accrue #cj days after the date a final order of the ,commission or the court is issued1 and shall be charged at the rate of #h percent per annum44 7b7 ,ensuring payment of penalties 7#a7 ,amendments ,section #aaj 7#cj ,u4,s4,c4 #hbj7 is further amended-- 7,a7 by redesignating subsection 7l7 as subsection 7m72 and 7,b7 by inserting after subsection 7k7 the following3 7l7 ,ensuring payment of penalties 7#a7 ,delinquent payment letter ,if the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the ,commission or a court within #de days after such assessment became a final order1 the ,secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay4 ,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 pay1 the procedure for entering into such plan1 and the consequences of not entering into or not complying with such plan4 7#b7 ,withdrawal orders following failure to pay ,if an operator that receives a letter under paragraph 7#a7 has not paid the assessment by the date that is #ahj days after such assessment became a final order and has not entered into a payment plan with the ,secretary1 the ,secretary shall issue an order requiring such operator to cause all persons1 except those referred to in section #ajd7;c71 to be withdrawn from1 and to be prohibited from entering1 the mine that is covered by the final order described in paragraph 7#a71 until the operator pays such assessment in full 7including interest and administrative costs7 or enters into a payment plan with the ,secretary4 ,if such operator enters into a payment plan with the ,secretary and at any time fails to comply with the terms specified in such payment plan1 the ,secretary shall issue an order requiring such operator to cause all persons1 except those referred to in section #ajd7;c71 to be withdrawn from the mine that is covered by such final order1 and to be prohibited from entering such mine1 until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan4 4 7#b7 ,applicability and effective date ,the amendments made by paragraph 7#a7 shall apply to all unpaid civil penalty assessments under the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hja et seq471 except that1 for any unpaid civil penalty assessment that became a final order of the ,commission or a court before the date of enactment of this ,act1 the time periods under section #aaj7n7 of the ,federal ,mine ,safety and ,health ,act of #aigg 7as amended7 7#cj ,u4,s4,c4 #hbj7n77 shall be calculated as beginning on the date of enactment of this ,act instead of on the date of the final order4 ,,iv ,miners' ,rights and ,protections #dja4 ,protection from retaliation ,section #aje7;c7 7#cj ,u4,s4,c4 #hae7;c77 is amended to read as follows3 7c7 ,protection from retaliation 7#a7 ,retaliation prohibited 7,a7 ,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 statutory rights of any miner or other employee of an operator1 representative of miners1 or applicant for employment 7including the spouse1 sibling1 child1 or parent of such miner or employee1 if such individual is employed or is applying for employment at a mine under the control of the operator71 because-- 7i7 such miner or other employee1 representative1 or applicant for employment-- 7,i7 has filed or made a complaint1 or is about to file or make a complaint1 including a complaint notifying the operator or the operator's agent1 or the representative of the miners at the coal or other mine of an alleged danger or safety or health violation in a coal or other mine2 7,,ii7 instituted or caused to be instituted1 or is about to institute or cause to be instituted1 any proceeding under or related to this ,act or has testified or is about to testify in any such proceeding or because of the exercise by such miner or other employee1 representative1 or applicant for employment on behalf of him or herself or others of any right afforded by this ,act1 or has reported any injury or illness to an operator or agent2 7,,iii7 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 mine2 or 7,,iv7 refused to violate any provision of this ,act1 including any mandatory health and safety standard or regulation2 7ii7 such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section #aja2 or 7iii7 where the discharge1 discrimination or other retaliation was based on a suspicion or belief that such miner or other employee1 representative1 or applicant engaged in or is about to engage in any of the activities described in clause 7i74 7,b7 ,retaliation for refusal to perform duties 7i7 ,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 miner's or other employee's duties if the miner or other employee has a good-faith and reasonable belief that performing such duties would pose a safety or health hazard to the miner or other employee or to any other miner or employee4 7ii7 ,standard ,for purposes of clause 7i71 the circumstances causing the miner's or other employee's good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person1 under the circumstances confronting the miner or other employee1 would conclude that there is such a hazard4 ,in order to qualify for protection under this paragraph1 the miner or other employee1 when practicable1 shall have communicated or attempted to communicate the safety or health concern to the operator and have not received from the operator a response reasonably calculated to allay such concern4 7#b7 ,complaint ,any miner or other employee or representative of miners or applicant for employment who believes that he or she has been discharged1 disciplined1 or otherwise discriminated against by any person in violation of paragraph 7#a7 may file a complaint with the ,secretary alleging such discrimination not later than #ahj days after the later of-- 7,a7 the last date on which an alleged violation of paragraph 7#a7 occurs2 or 7,b7 the date on which the miner or other employee or representative knows or should reasonably have known that such alleged violation occurred4 7#c7 ,investigation and hearing 7,a7 ,commencement of investigation and initial determination ,upon receipt of such complaint1 the ,secretary shall forward a copy of the complaint to the respondent1 and shall commence an investigation within #ae days of the ,secretary's receipt of the complaint1 and1 as soon as practicable after commencing such investigation1 make the determination required under subparagraph 7,b7 regarding the reinstatement of the miner or other employee4 7,b7 ,reinstatement ,if the ,secretary finds that such complaint was not frivolously brought1 the ,commission1 on an expedited basis upon application of the ,secretary1 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 employee4 ,if either the ,secretary or the miner or other employee pursues the underlying complaint1 such reinstatement shall remain in effect until the ,commission has disposed of such complaint on the merits1 regardless of whether the ,secretary pursues such complaint by filing a complaint under subparagraph 7,d7 or the miner or other employee pursues such complaint by filing an action under paragraph 7#d74 ,if neither the ,secretary nor the miner or other employee pursues the underlying complaint within the periods specified in paragraph 7#d71 such reinstatement shall remain in effect until such time as the ,commission may1 upon motion of the operator and after providing notice and an opportunity to be heard to the parties1 vacate such complaint for failure to prosecute4 7,c7 ,investigation ,such investigation shall include interviewing the complainant and-- 7i7 providing the respondent an opportunity to submit to the ,secretary a written response to the complaint and to present statements from witnesses or provide evidence2 and 7ii7 providing the complainant an opportunity to receive any statements or evidence provided to the ,secretary and to provide additional information or evidence1 or to rebut any statements or evidence4 7,d7 ,action by the ,secretary ,if1 upon such investigation1 the ,secretary determines that the provisions of this subsection have been violated1 the ,secretary shall immediately file a complaint with the ,commission1 with service upon the alleged violator and the miner or other employee1 representative of miners1 or applicant for employment alleging such discrimination or interference and propose an order granting appropriate relief4 7,e7 ,action of the ,commission ,the ,commission shall afford an opportunity for a hearing on the record 7in accordance with section #eed of title #e1 ,united ,states ,code1 but without regard to subsection 7a77#c7 of such section7 and thereafter shall issue an order1 based upon findings of fact1 affirming1 modifying1 or vacating the ,secretary's proposed order1 or directing other appropriate relief4 ,such order shall become final #cj days after its issuance4 ,the complaining miner or other employee1 representative1 or applicant for employment may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph4 7,f7 ,relief ,the ,commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation and prescribe a remedy as the ,commission considers appropriate1 including-- 7i7 the rehiring or reinstatement of the miner or other employee with back pay and interest and without loss of position or seniority1 and restoration of the terms1 rights1 conditions1 and privileges associated with the complainant's employment2 7ii7 any other compensatory and consequential damages sufficient to make the complainant whole1 and exemplary damages where appropriate2 and 7iii7 expungement of all warnings1 reprimands1 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 action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information4 7#d7 ,notice to and action of complainant 7,a7 ,notice to complainant ,not later than #ij days of the receipt of a complaint filed under paragraph 7#b71 the ,secretary shall notify1 in writing1 the miner or other employee1 applicant for employment1 or representative of miners of his determination whether a violation has occurred4 7,b7 ,action of complainant ,if the ,secretary1 upon investigation1 determines that the provisions of this subsection have not been violated1 the complainant shall have the right1 within #cj days after receiving notice of the ,secretary's determination1 to file an action in his or her own behalf before the ,commission1 charging discrimination or interference in violation of paragraph 7#a74 7,c7 ,hearing and decision ,the ,commission shall afford an opportunity for a hearing on the record 7in accordance with section #eed of title #e1 ,united ,states ,code1 but without regard to subsection 7a77#c7 of such section71 and thereafter shall issue an order1 based upon findings of fact1 dismissing or sustaining the complainant's charges and1 if the charges are sustained1 granting such relief as it deems appropriate as described in paragraph 7#c77;,f74 ,such order shall become final #cj days after its issuance4 7#e7 ,burden of proof ,in adjudicating a complaint pursuant to this subsection1 the ,commission may determine that a violation of paragraph 7#a7 has occurred only if the complainant demonstrates that any conduct described in paragraph 7#a7 with respect to the complainant was a contributing factor in the adverse action alleged in the complaint4 ,a decision 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 conduct4 7#f7 ,attorneys' fees ,whenever an order is issued sustaining the complainant's charges under this subsection1 a sum equal to the aggregate amount of all costs and expenses1 including attorney's fees1 as determined by the ,commission to have been reasonably incurred by the complainant for1 or in connection with1 the institution and prosecution of such proceedings shall be assessed against the person committing such violation4 ,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 proceeding4 7#g7 ,expedited proceedings2 ,judicial review ,proceedings under this subsection shall be expedited by the ,secretary and the ,commission4 ,any order issued by the ,commission under this subsection shall be subject to judicial review in accordance with section #ajf4 ,violations by any person of paragraph 7#a7 shall be subject to the provisions of sections #ajh and #aaj7;a77#d74 7#h7 ,procedural ,rights ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy1 form1 or condition of employment1 including by any pre-dispute arbitration agreement or collective bargaining agreement4 7#i7 ,savings ,nothing in this subsection shall be construed to diminish the rights1 privileges1 or remedies of any miner or employee who exercises rights under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 4 #djb4 ,protection from loss of pay ,section #aaa 7#cj ,u4,s4,c4 #hba7 is amended to read as follows3 #aaa4 ,entitlement of miners 7a7 ,protection from loss of pay 7#a7 ,withdrawal orders ,if a coal or other mine or area of such mine is closed by an order issued under section #ajc1 #ajd1 #ajg1 #ajh1 or #aaj1 all miners working during the shift when such order was issued who are idled by such order shall be entitled1 regardless of the result of any review of such order1 to full compensation by the operator at their regular rates of pay for the period they are idled1 but for not more than the balance of such shift4 ,if such order is not terminated prior to the next working shift1 all miners on that shift who are idled by such order shall be entitled to full compensation by the operator at their regular rates of pay for the period they are idled1 for not more than one half of such shift1 or four hours1 whichever is greater4 ,if a coal or other mine or area of such mine is closed by an order issued under section #ajd1 #ajg 7in connection with a citation71 #ajh1 or #aaj1 all miners who are idled by such order shall be entitled1 regardless of the result of any review of such order1 to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the entire period for which they are idled1 not to exceed #fj days4 7#b7 ,closure in advance of order ,if the ,secretary finds that such mine or such area of a mine was closed by the operator in anticipation of the issuance of such an order1 all miners who are idled by such closure shall be entitled to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay1 from the time of such closure until such time as the ,secretary authorizes reopening of such mine or such area of the mine1 not to exceed #fj days1 except where an operator promptly withdraws miners upon discovery of a hazard1 and notifies the ,secretary where required1 and within the prescribed time period4 7#c7 ,refusal to comply ,whenever an operator violates or fails or refuses to comply with any order issued under section #ajc1 #ajd1 #ajg1 #ajh1 or #aaj1 all miners employed at the affected mine who would have been withdrawn from1 or prevented from entering1 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 pay1 in addition to pay received for work performed after such order was issued1 for the period beginning when such order was issued and ending when such order is complied with1 vacated1 or terminated4 7b7 ,enforcement 7#a7 ,commission orders ,the ,commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or his representative and after opportunity for hearing on the record subject to section #eed of title #e1 ,united ,states ,code4 ,whenever the ,commission issues an order sustaining the complaint under this subsection in whole or in part1 the ,commission shall award the complainant reasonable attorneys' fees and costs4 7#b7 ,failure to pay compensation due ,consistent with the authority of the ,secretary to order miners withdrawn from a mine under this ,act1 the ,secretary shall order a mine that has been subject to a withdrawal order under section #ajc1 #ajd1 #ajg1 #ajh1 or #aaj1 and has reopened1 to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order4 7c7 ,expedited ,review ,if an order is issued which results in payments to miners under subsection 7a71 the operators shall have the right to an expedited review before the ,commission using timelines and procedures established pursuant to section #caf7;b77#b77;,g77ii74 4 #djc4 ,underground coal miner employment standard for mines placed in pattern of violations status ,the ,federal ,mine ,safety and ,health ,act of #aigg is further amended by adding at the end of title ,i the following3 #aag4 ,underground coal miner employment standard for mines placed in pattern of violations status 7a7 ,in general ,for purposes of ensuring miners' health and safety and miners' right to raise concerns thereof1 when an underground coal mine is placed in pattern of violations status pursuant to section #ajd7;e71 and for #c years after such placement1 the operator of such mine may not discharge or constructively discharge a miner who is paid on an hourly basis and employed at such underground coal mine without reasonable job-related grounds based on a failure to satisfactorily perform job duties1 including compliance with this ,act and with mandatory health and safety standards or other regulations issued under this ,act1 or other legitimate business reason1 where the miner has completed the employer's probationary period1 not to exceed #f months4 7b7 ,cause of action ,a miner aggrieved by a violation of subsection 7a7 may file a complaint in ,federal district court in the district where the mine is located within #a year of such violation4 7c7 ,remedies ,in an action under subsection 7b71 for any prevailing miner the court shall take affirmative action to further the purposes of the ,act1 which may include reinstatement with backpay and compensatory damages4 ,reasonable attorneys' fees and costs shall be awarded to any prevailing miner under this section4 7d7 ,pre-,dispute waiver prohibited ,a miner's right to a cause of action under this section may not be waived with respect to disputes that have not arisen as of the time of the waiver4 7e7 ,construction ,nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other ,state or ,federal law or a collective bargaining agreement4 4 ,v ,modernizing health and safety standards #eja4 ,pre-shift review of mine conditions ,section #cjc7;d7 7#cj ,u4,s4,c4 #hfc7;d77 is amended by adding at the end the following3 7#c7 7,a7 ,not later than #cj days after the issuance of the interim final rules promulgated under subparagraph 7,b71 each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner is orally briefed on and made aware of1 prior to traveling to or arriving at the miner's work area and commencing the miner's assigned tasks-- 7i7 any conditions that are hazardous1 or that violate a mandatory health or safety standard or a plan approved under this ,act1 where the miner is expected to work or travel2 and 7ii7 the general conditions of that miner's assigned working section or other area where the miner is expected to work or travel4 7,b7 ,not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary shall promulgate interim final rules implementing the requirements of subparagraph 7,a74 ,the ,secretary shall issue a final rule not later than #b years after such date4 4 #ejb4 ,rock dust standards 7a7 ,standards ,section #cjd7;d7 7#cj ,u4,s4,c4 #hfd7;d77 is amended-- 7#a7 by striking ,where rock and inserting the following3 ,rock dust4-- 7#a7 ,in general ,where rock 2 7#b7 by striking #fe per centum and all that follows and inserting #hj percent4 ,where methane is present in any ventilating current1 the percentage of incombustible content of such combined dusts shall be increased #j4d percent for each #j4a percent of methane42 and 7#c7 by adding at the end the following3 7#b7 ,methods of measurement 7,a7 ,in general ,each operator of an underground coal mine shall take accurate and representative samples which shall measure the total incombustible content of combined coal dust1 rock dust1 and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust4 7,b7 ,direct reading monitors ,in order to ensure timely assessment and compliance1 the ,secretary shall1 not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 require operators to measure total incombustible content 7or an equivalent measure of explosibility7 in samples of combined coal dust1 rock dust1 and other dust1 using direct reading monitors that the ,secretary has approved for use in an underground coal mine1 such as coal dust explosibility monitors4 7,c7 ,regulations ,the ,secretary shall1 not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 promulgate an interim final rule that prescribes methods for operator sampling of total incombustible content 7or an equivalent measure of explosibility7 in samples of combined coal dust1 rock dust1 and other dust using direct reading monitors and includes requirements for locations1 methods1 and intervals for mandatory operator sampling4 7,d7 ,recommendations ,not later than #a year after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary of ,health and ,human ,services shall1 based upon the latest research1 recommend to the ,secretary of ,labor any revisions to the mandatory operator sampling locations1 methods1 and intervals included in the interim final rule described in subparagraph 7,b7 that may be warranted in light of such research4 7#c7 ,limitation ,until a final rule is issued by the ,secretary under section #ejb7;b77#b7 of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 any measurement taken by a direct reading monitor described in paragraph 7#b7 shall not be admissible to establish a violation in an enforcement action under this ,act4 7#d7 ,report and rulemaking authority 7,a7 ,report ,not later than #b years after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor1 shall prepare and submit1 to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a report-- 7i7 regarding whether any direct reading monitor described in paragraph 7#b77;,b7 is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the ,secretary of ,labor under such ,act1 and whether additional improvement to such direct reading monitor1 or additional verification regarding reliability and accuracy1 would be needed for enforcement purposes2 and 7ii7 identifying any limitations or impediments for such use in underground coal mines4 7,b7 ,authority ,if the ,secretary determines that such direct reading monitor is sufficiently reliable and accurate for the enforcement of mandatory health and safety standards under this ,act following such report or any update thereto1 the ,secretary shall promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance and enforcement1 in addition to other methods for determining total incombustible content4 ,such rule shall specify mandatory operator sampling locations1 methods1 and intervals4 4 7b7 ,rock dust recordkeeping ,section #cjd is further amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f7 and inserting after subsection 7d7 the following3 7e7 ,rock dust recordkeeping ,each coal mine shall be required to maintain and continuously update a record of the amount of rock dust purchased4 2 and 7#b7 in subsection 7f7 7as so redesignated71 by striking ,subsection 7b7 through 7d7 and inserting ,subsection 7b7 through 7e74 #ejc4 ,atmospheric monitoring systems ,section #cag 7#cj ,u4,s4,c4 #hgg7 is amended by adding at the end the following3 7u7 ,atmospheric monitoring systems 7#a7 ,regulations required ,not later than #a year after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary shall1 following consultation with the ,national ,institute for ,occupational ,safety and ,health1 promulgate regulations requiring that each operator of an underground coal mine install atmospheric monitoring systems that-- 7,a7 protect miners where the miners normally work and travel2 7,b7 will assist in mine emergency response and the conduct of accident investigations2 7,c7 provide real-time information regarding methane1 oxygen1 and carbon monoxide levels1 and airflow direction1 as appropriate1 with sensing1 annunciating1 and recording capabilities2 and 7,d7 can1 to the maximum extent practicable1 withstand explosions and fires4 7#b7 ,content of regulations ,the ,secretary shall evaluate and1 as appropriate1 require-- 7,a7 the installation of atmospheric monitoring and recording devices on mining equipment2 7,b7 the implementation of redundant systems1 such as the bundle tubing system1 that can continuously monitor the mine atmosphere following incidents such as fires1 explosions1 entrapments1 and inundations2 and 7,c7 the implementation of other technologies available to conduct continuous atmospheric monitoring4 4 #ejd4 ,technology related to respirable dust ,section #bjb7;d7 7#cj ,u4,s4,c4 #hdb7;d77 is amended-- 7#a7 by striking of ,health1 ,education1 and ,welfare2 and 7#b7 by striking the second sentence and inserting the following3 ,not later than #b years after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary shall promulgate final regulations that require operators1 beginning on the date such regulations are issued1 to provide coal miners with the maximum feasible protection from respirable dust1 including coal and silica dust1 that is achievable through environmental controls1 and that meet the applicable standards44 #eje4 ,refresher training on miners' rights and responsibilities 7a7 ,in general ,section #aae7;a77#c7 7#cj ,u4,s4,c4 #hbe7;a77#c77 is amended to read as follows3 7#c7 all miners shall receive not less than #i hours of refresher training not less frequently than once every #ab months1 and such training shall include one hour of training on the statutory rights and responsibilities of miners and their representatives under this ,act and other applicable ,federal and ,state law1 pursuant to a program of instruction developed by the ,secretary and delivered by an employee of the ,administration or by a trainer approved by the ,administration that is a party independent from the operator2 4 7b7 ,national hazard reporting hotline ,section #aae 7#cj ,u4,s4,c4 #hbe7 is further amended-- 7#a7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,any health and safety training program of instruction provided under this section shall include distribution to miners of information regarding miners' rights under the ,act1 as well as a toll-free hotline telephone number1 which the ,secretary shall maintain to receive complaints from miners and the public regarding hazardous conditions1 discrimination1 safety or health violations1 or other mine safety or health concerns4 ,information regarding the hotline shall be provided in a portable1 convenient format1 such as a durable wallet card1 to enable miners to keep the information on their person4 4 7c7 ,timing of initial statutory rights training ,notwithstanding section #aae of the ,federal ,mine ,safety and ,health ,act 7as amended by subsection 7a77 7#cj ,u4,s4,c4 #hbe7 or the health and safety training program approved under such section1 an operator shall ensure that all miners already employed by the operator on the date of enactment of this ,act shall receive the one hour of statutory rights and responsibilities training described in section #aae7;a77#c7 of such ,act not later than #ahj days after such date4 #ejf4 ,authority to mandate additional training 7a7 ,in general ,section #aae 7#cj ,u4,s4,c4 #hbe7 is further amended by redesignating subsections 7e7 and 7f7 7as redesignated7 as subsections 7f7 and 7g7 and inserting after subsection 7d7 7as redesignated7 the following3 7e7 ,authority ,to mandate additional training 7#a7 ,in general ,the ,secretary is authorized to issue an order requiring that an operator of a coal or other mine provide additional training beyond what is otherwise required by law1 and specifying the time within which such training shall be provided1 if the ,secretary finds that-- 7,a7 7i7 a serious or fatal accident has occurred at such mine2 7ii7 such mine has experienced accident and injury rates1 citations for violations of this ,act 7including mandatory health or safety standards or regulations promulgated under this ,act71 citations for significant and substantial violations1 or withdrawal orders issued under this ,act at a rate above the average for mines of similar size and type2 or 7iii7 an operator has a history of failing to adequately train miners as required by the ,act or regulations promulgated under this ,act2 and 7,b7 additional training would benefit the health and safety of miners at the mine4 7#b7 ,withdrawal order ,if the operator fails to provide training ordered under paragraph 7#a7 within the specified time1 the ,secretary shall issue an order requiring such operator to cause all affected persons1 except those persons referred to in section #ajd7;c71 to be withdrawn1 and to be prohibited from entering such mine1 until such operator has provided such training4 4 7b7 ,conforming amendments ,section #ajd7;g77#b7 7#cj ,u4,s4,c4 #had7;g77#b77 is amended by striking under paragraph 7#a7 both places it appears and inserting under paragraph 7#a7 or under section #aae7;e74 #ejg4 ,brookwood-,sago ,mine ,safety ,grants ,section #ad7;e77#b7 of the ,mine ,improvement and ,new ,emergency ,response ,act of #bjjf 7#cj ,u4,s4,c4 #ife7;e77#b77 is amended by inserting before the period 1 and underground mine rescue training activities which simulate mine accident conditions4 #ejh4 ,certification of personnel 7a7 ,in general ,title ,i is further amended by adding at the end the following3 #aah4 ,certification of personnel 7a7 ,certification required ,any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this ,act1 including a mandatory health or safety standard or regulation promulgated pursuant to this ,act1 requires to be performed or provided by a certified1 registered1 qualified1 or otherwise approved person1 shall be permitted to perform such duties or provide such training only if such person has a current certification1 registration1 qualification1 or approval to perform such duties or provide such training consistent with the requirements of this section4 7b7 ,establishment of certification requirements and procedures 7#a7 ,in general ,not later than #a year after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary shall issue mandatory standards to establish-- 7,a7 requirements for such certification1 registration1 qualification1 or other approval1 including the experience1 examinations1 and references that may be required as appropriate2 7,b7 time limits for such certifications and procedures for obtaining and renewing such certification1 registration1 qualification1 or other approval2 and 7,c7 procedures and criteria for revoking such certification1 registration1 qualification1 or other approval1 including procedures that ensure that the ,secretary 7or a ,state agency1 as applicable7 responds to requests for revocation and that the names of individuals whose certification or other approval has been revoked are provided to and maintained by the ,secretary1 and are made available to appropriate ,state agencies through an electronic database4 7#b7 ,coordination with ,states ,in developing such standards1 the ,secretary shall consult with ,states that have miner certification programs to ensure effective coordination with existing ,state standards and requirements for certification4 ,the standards required under paragraph 7#a7 shall provide that the certification1 registration1 qualification1 or other approval of the ,state in which the coal or other mine is located satisfies the requirement of subsection 7a7 if the ,state's program of certification1 registration1 qualification1 or other approval is no less stringent than the standards established by the ,secretary under paragraph 7#a74 7c7 ,operator ,fees for certification 7#a7 ,assessment and collection ,beginning #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary shall assess and collect fees1 in accordance with this subsection1 from each operator for each person certified under this section4 ,fees shall be assessed and collected in amounts determined by the ,secretary as necessary to fund the certification programs established under this section4 7#b7 ,use ,amounts collected as provided in paragraph 7#a7 shall only be available to the ,secretary1 as provided in paragraph 7#c71 for making expenditures to carry out the certification programs established under this subsection4 7#c7 ,authorization of appropriations ,in addition to funds authorized to be appropriated under section #aad1 there is authorized to be appropriated to the ,secretary for each fiscal year in which fees are collected under paragraph 7#a7 an amount equal to the total amount of fees collected under paragraph 7#a7 during that fiscal year4 ,such amounts are authorized to remain available until expended4 ,if on the first day of a fiscal year a regular appropriation to the ,administration has not been enacted1 the ,administration shall continue to collect fees 7as offsetting collections7 under this subsection at the rate in effect during the preceding fiscal year1 until #e days after the date such regular appropriation is enacted4 7#d7 ,collecting and ,crediting of ,fees ,fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the ,mine ,safety and ,health ,administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation ,acts4 7d7 ,citation2 withdrawal order ,any operator who permits a person to perform any of the health or safety related functions described in subsection 7a7 without a current certification which meets the requirements of this section shall be considered to have committed an unwarrantable failure under section #ajd7;d77#a71 and the ,secretary shall issue an order requiring that the miner be withdrawn or reassigned to duties that do not require such certification4 4 7b7 ,conforming amendments ,section #cah 7#cj ,u4,s4,c4 #hgh7 is amended-- 7#a7 by striking subsections 7a7 and 7b72 7#b7 in subsection 7c71 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively2 7#c7 in subsection 7g71 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively2 and 7#d7 by redesignating subsections 7c7 through 7j7 as paragraphs 7#a7 through 7#h71 respectively4 #eji4 ,electronic records requirement ,sec4 #ajc is amended by adding at the end the following3 7l7 ,not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary shall promulgate regulations requiring that mine operators retain records and data required by this ,act1 or otherwise required by the ,secretary1 that are created1 stored or transmitted in electronic form4 ,such records shall include records pertaining to miner safety and health1 tracking and communications1 atmospheric monitoring of methane1 carbon monoxide1 oxygen1 coal dust and other mine conditions1 equipment usage history and operating parameters1 equipment calibration and maintenance1 and other information relevant to compliance with ,federal mine health and safety laws and regulations4 ,not later than #b years after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 the ,secretary shall promulgate a regulation regarding the minimum necessary capabilities of equipment to retain1 store1 and recover data created or transmitted in electronic form4 4 ,,vi ,additional mine safety provisions #fja4 ,definitions 7a7 ,definition of operator ,section #c7;d7 is amended to read as follows3 7d7 operator means-- 7#a7 any owner1 lessee1 or other person that-- 7,a7 operates or supervises a coal or other mine2 or 7,b7 controls such mine by making or having the authority to make management or operational decisions that affect1 directly or indirectly1 the health or safety at such mine2 or 7#b7 any independent contractor performing services or construction at such mine2 4 7b7 ,definition of agent ,section #c7;e7 7#cj ,u4,s4,c4 #hjb7;e77 is amended by striking the miners and inserting any miner4 7c7 ,definition of imminent danger ,section #c7;j7 7#cj ,u4,s4,c4 #hjb7;j77 is amended-- 7#a7 by striking means the and inserting means-- 7#a7 the 2 7#b7 by striking the semicolon at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#b7 the existence of multiple conditions or practices 7regardless of whether related to each other7 that1 when considered in the aggregate1 could reasonably be expected to cause death or serious physical harm before such conditions or practices can be abated2 4 7d7 ,definition of miner ,section #c7;g7 7#cj ,u4,s4,c4 #hjb7;g77 is amended by inserting after or other mine the following3 1 and includes any individual who is not currently working in a coal or other mine but would be currently working in such mine1 but for an accident in such mine4 7e7 ,definition of significant and substantial violations ,section #c 7#cj ,u4,s4,c4 #hjb7 is further amended-- 7#a7 in subsection 7m71 by striking and after the semicolon2 7#b7 in subsection 7n71 by striking the period at the end and inserting a semicolon2 7#c7 in subsection 7o71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7p7 significant and substantial violation means a violation of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act1 that is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard as described in section #ajd7;d74 4 #fjb4 ,assistance to ,states ,section #ejc 7#cj ,u4,s4,c4 #iec7;a77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 1 in coordination with the ,secretary of ,health1 ,education1 and ,welfare and the ,secretary of the ,interior12 7,b7 in paragraph 7#b71 by striking and after the semicolon2 7,c7 in paragraph 7#c71 by striking the period and inserting 2 and2 and 7,d7 by adding at the end the following3 7#d7 to assist such ,state in developing and implementing any certification program for coal or other mines required for compliance with section #aah4 2 and 7#b7 in subsection 7h71 by striking #c1jjj1jjj for fiscal year #aigj1 and #aj1jjj1jjj annually in each succeeding fiscal year and inserting #bj1jjj1jjj for each fiscal year4 #fjc4 ,black lung medical reports ,title ,,iv of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 is amended by adding at the end the following3 #dce4 ,medical reports ,in any claim for benefits for a miner under this title1 an operator that requires a miner to submit to a medical examination regarding the miner's respiratory or pulmonary condition shall1 not later than #ad days after the miner has been examined1 deliver to the claimant a complete copy of the examining physician's report4 ,the examining physician's report shall be in writing and shall set out in detail the examiner's findings1 including any diagnoses and conclusions and the results of any diagnostic imaging techniques and tests that were performed on the miner4 4 #fjd4 ,authorization of cooperative agreements by ,,niosh ,office of ,mine ,safety and ,health ,section #bb7;h77#c7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fga7;h77#c77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 enter into cooperative agreements or contracts with international institutions and private entities to improve mine safety and health through the development and evaluation of new interventions2 and 4 #fje4 ,rules of application to certain mines 7a7 ,inapplicability of amendments to certain mines 7#a7 ,special rule ,subject to paragraph 7#b71 the amendments made by this ,act shall not apply to-- 7,a7 surface mines1 except for surface facilities or impoundments physically connected to-- 7i7 underground coal or underground metal mines2 or 7ii7 other underground mines which are gassy mines2 or 7,b7 underground mines which are not coal1 metal1 or gassy mines4 7#b7 ,exceptions ,notwithstanding paragraph 7#a71 the amendments made by sections #aja1 #bjb1 #cja7;c7 and 7d71 #cjc7;a77#d71 #cjd1 #cje7;a71 #dja1 #eji1 #fja1 #fjb1 and #fjc shall apply to the mines described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7#c7 ,definition ,for purposes of this section1 the term gassy mine means a mine1 tunnel1 or other underground workings in which a flammable mixture has been ignited1 or has been determined by air analysis to contain #j4be percent or more 7by volume7 of methane in any open workings when tested at a point not less than #ab inches from the roof1 face of rib4 7b7 ,rule of construction relating to applicability of certain provisions to surface mines ,title ,i is further amended by adding at the end the following3 #aai4 ,applicability of certain provisions to certain mines 7a7 ,rule of construction ,subject to subsection 7c71 with respect to the mines described in subsection 7b71 this ,act as in effect on the date before the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 shall continue to apply to such mines as then in effect4 7b7 ,applicable mines 7#a7 ,in general ,the mines referred to in subsection 7a7 are-- 7,a7 surface mines1 except for surface facilities or impoundments physically connected to-- 7i7 underground coal or underground metal mines2 or 7ii7 other underground mines which are gassy mines2 and 7,b7 underground mines which are not coal1 metal1 or gassy mines4 7#b7 ,definition ,as used in paragraph 7#a71 the term gassy mine means a mine1 tunnel1 or other underground workings in which a flammable mixture has been ignited1 or has been determined by air analysis to contain #j4be percent or more 7by volume7 of methane in any open workings when tested at a point not less than #ab inches from the roof1 face of rib4 7c7 ,exceptions ,notwithstanding subsection 7a71 the amendments made by sections #aja1 #bjb1 #cja7;c7 and 7d71 #cjc7;a77#d71 #cjd1 #cje7;a71 #dja1 #eji1 #fja1 #fjb1 and #fjc of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac shall apply to the mines described in subsection 7b74 7d7 ,savings provision ,nothing in this section shall impact the authority of the ,secretary to promulgate or modify regulations pursuant to the authority under any such provisions as in effect on the date before the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjac1 or shall be construed to alter or modify precedent with regards to the ,commission or courts4 4 #fjf4 ,double encumbrance2 succession plan 7a7 ,authorization ,notwithstanding any personnel procedures1 rules1 or guidance1 the ,secretary of ,labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the ,mine ,safety and ,health ,administration4 ,the number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection 7b74 7b7 ,succession ,plan ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,labor shall develop and provide to ,congress a succession plan for the ,mine ,safety and ,health ,administration for the next five years to assure timely replacement of qualified employees critical to maintaining the agency's mission which shall-- 7#a7 estimate employee turnover for each year2 7#b7 sets benchmarks for maximum allowable percentage of vacancies1 and a maximum ratio of trainees to authorized representatives2 7#c7 utilizes double encumbrance or early replacement hiring for authorized representatives and technical specialists2 7#d7 implements tracking systems to assure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections1 thoroughly review mine plans1 and conduct accident and special investigations2 and 7#e7 identifies resources necessary to implement such plan4 ,such succession plan shall be updated biennially4