One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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 following: `AND EMERGENCY
RESPONSE PLANS';
(2) by striking `Telephone' and inserting `(a) In General- 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 considerations. 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 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 current 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 submitted by miners or miners' representatives and intervening
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 communication.
`(ii) POST-ACCIDENT TRACKING- Consistent with commercially available
technology and with the physical 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;
`(III) a maintenance schedule for checking the reliability of self
rescuers, retiring older self-rescuers first, and introducing new
self-rescuer technology, 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 Administration and become available on the market; and
`(IV) training for each miner in proper procedures 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 lifelines 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 subject to the considerations contained in
subparagraph (C), the Secretary may make additional plan requirements
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 surface personnel via a wireless
two-way medium, and provide for an electronic tracking system permitting
surface personnel to determine the location of any persons 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 operator'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-
`(i) IN GENERAL- Any dispute between the Secretary 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 expedited
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 Administrative 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- Notwithstanding 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 OPERATIONS.
`(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 operations. 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 conduct
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.'.
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 Improvement 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 emergency 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 operators 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--
`(aaa) trains on a quarterly basis at covered underground 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 knowledgeable 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 operator'; 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-
`(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 technological applications and to expedite
the commercial availability and implementation of such technology in mining
environments.
`(3) FUNCTIONS- In addition to all purposes and authorities 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 private entities to
encourage the development and manufacture of mine safety equipment;
`(B) award contracts to educational institutions or private 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 provided 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 application 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 developed 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 equipment.
`(5) INTERAGENCY WORKING GROUP-
`(A) ESTABLISHMENT- The Director of the Institute, in carrying out paragraph
(3)(D) shall establish an interagency 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 subparagraph (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 departments 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 technology.
`(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 authorized 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 Department 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 communicator 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--
(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 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 Secretary 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 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 demonstrably 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.
`(1) IN GENERAL- Not later than 1 year after the date on which all members
of the Panel are appointed under subsection (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 utilization 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 Secretary 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 prescribed 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
fundamental skills and training that is of immediate use to a beginning
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 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 undergraduate 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, electrical 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 undergraduate 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 positions 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, electrical 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 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.
(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 Secretary 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 identify, 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.
(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 Administration.
(1) ANNUAL BASIS- Grants under this section shall be awarded on an annual
basis.
(2) SPECIAL EMPHASIS- In awarding grants under this section, 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
