I
112th CONGRESS
1st Session
H. R. 3697
IN THE HOUSE OF REPRESENTATIVES
December 16, 2011
Mrs. Capito introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To honor the Nation’s fallen miners by requiring improved mine safety practices and compliance in order to prevent future mine accidents.
Short title; table of contents
Short title
This Act may be cited
as the Mine Safety Accountability and
Improved Protection Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Title I—Additional inspection and investigation authority
Sec. 101. Establishment of National Mine Safety Board for certain investigations.
Sec. 102. Subpoena authority and miner rights during investigations.
Sec. 103. Designation of miner representative.
Sec. 104. Additional amendments relating to inspections and investigations.
Title II—Enhanced enforcement authority
Sec. 201. Significant and substantial violations.
Sec. 202. A pattern of recurring noncompliance or accidents.
Sec. 203. Injunctive Authority.
Sec. 204. Revocation of approval of plans.
Sec. 205. Challenging decisions related to the approval of a coal or other mine plan.
Title III—Penalties
Sec. 301. Civil penalties.
Sec. 302. Civil and criminal liability of officers, directors, and agents.
Sec. 303. Criminal penalties.
Sec. 304. Conference process for appealing penalties; delinquent payments and prejudgment interest.
Title IV—Worker Rights and Protections
Sec. 401. Protection from retaliation.
Sec. 402. Protection from loss of pay.
Title V—Modernizing health and safety standards
Sec. 501. Pre-shift review of mine conditions.
Sec. 502. Atmospheric monitoring systems.
Sec. 503. Technology related to respirable dust.
Sec. 504. Refresher training on miner rights and responsibilities.
Sec. 505. Authority to mandate additional training.
Sec. 506. Certification of personnel.
Title VI—Additional mine safety provisions
Sec. 601. Definitions.
Sec. 602. Assistance to States.
Sec. 603. Amendments relating to eligibility for scholarship program.
Sec. 604. Additional training of mine inspectors.
Sec. 605. Report on staffing needs of the Mine Safety and Health Administration.
Sec. 606. Budget neutrality; offset.
References
Wherever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).
Additional inspection and investigation authority
Establishment of National Mine Safety Board for certain investigations
Section 103(b) (30 U.S.C. 813(b)) is amended—
by striking
(b) For the purpose
and inserting the following:
Accident investigations
In general
For the purpose
; and
by adding at the end the following:
Establishment of National Mine Safety Board for certain accident investigations
Establishment
There is established an independent board
to be known as the National Mine Safety Board (in this paragraph referred to as
the Board
) consisting of 5 members, including a Chairperson, who
shall be appointed by the President, by and with the advice and consent of the
Senate. Members of the Board shall be appointed on the basis of technical
qualification, professional standing, and demonstrated knowledge of mine
safety, accident reconstruction, safety engineering, and human factors. The
terms of office of members of the Board shall be 5 years. Any member of the
Board, including the Chairperson, may be removed for inefficiency, neglect of
duty, or malfeasance in office. The Chairperson shall be the Chief Executive
Officer of the Board and shall exercise the executive and administrative
functions of the Board.
Investigation of certain accidents
For any accident involving 3 or more deaths, the Board shall conduct an independent investigation to—
assess and identify any factors that caused the accident, including deficiencies in safety management systems, regulations, enforcement, industry practices or guidelines, or organizational failures;
identify and evaluate any contributing actions or inactions of—
the operator;
any contractors or other persons engaged in mining-related functions at the site;
any State agency with oversight responsibilities;
any agency or office within the Department of Labor; or
any other person or entity (including equipment manufacturers);
review the findings and conclusions of the investigation conducted by the Secretary under paragraph (1);
prepare a report that—
includes the findings regarding the causal factors described in clauses (i) and (ii);
identifies any strengths and weaknesses in the Secretary’s investigation; and
includes recommendations, including interim recommendations where appropriate, to industry, labor organizations, State and Federal agencies, or Congress, regarding policy, regulatory, enforcement, administrative, or other changes, which in the judgment of the Panel, would prevent a recurrence at other mines; and
publish such findings and recommendations (excluding any portions which the Attorney General requests that the Board withhold in relation to a criminal referral) and hold public meetings to inform the mining community and families of affected miners of the Board’s findings and recommendations.
Subpoena Power and Administration of Oaths
In carrying out its authority, the National Mine Safety Board may issue subpoenas (in accordance with Rule 45 of the Federal Rules of Civil Procedure) for the attendance and testimony of witnesses and the production of information, including all relevant data, papers, books, documents, items of physical evidence, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Board or to appear and produce documents before the Board, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Hearings; applicability of certain Federal law
The Board shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act. All public hearings of the Board shall be subject to the requirements under section 552b of title 5, United States Code.
Memorandum of Understanding
Not later than 90 days after the appointment of the Board under subparagraph (A), the Secretary and the Board shall conclude and publically issue a memorandum of understanding that—
outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary and the Board, ensures that the Secretary's investigation under paragraph (1) is not delayed or otherwise compromised by the activities of the Board, and establishes a process to resolve any conflicts between such investigations;
ensures that Board members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary will make all of the authority available to such Secretary under this section, including subpoena authority, to obtain information and witnesses which may be requested by such Board; and
establishes such other arrangements as are necessary to implement this paragraph.
.
Subpoena authority and miner rights during investigations
Section 103(b)(1) (as amended by section 101) (30 U.S.C. 813(b)) is further amended—
in the first sentence, by striking
the Secretary may
and all that follows through
oaths.
and inserting: the Secretary may sign and issue
subpoenas for the attendance and testimony of witnesses and the production of
information, including all relevant data, papers, books, documents, and items
of physical evidence, and administer oaths, and, after notice, hold public
hearings.
; and
in the last
sentence by striking documents
and inserting information,
including data, papers, books, documents, and items of physical
evidence
.
Designation of miner representative
In general
Section 103(f) (30
U.S.C. 813(f)) is amended by inserting before the last sentence the following:
Each operator shall require each miner employed by the operator to
designate a next of kin or other representative of the miner’s choosing at the
time of employment. Such representative shall act on the miner’s behalf for
purposes of this subsection if the miner is entrapped or otherwise prevented as
the result of an accident in such mine from acting on the miner’s own behalf. A
miner may designate a different representative to the operator at any time.
Should a miner who has not designated such a representative be entrapped or
otherwise prevented from designating a representative as the result of an
accident in such mine, such miner’s closest relative may act on behalf of such
miner in designating such a representative.
.
Application to miners already employed
Not later than 60 days after the date of enactment of this Act, each operator of a mine shall obtain from each miner employed by such operator on such date of enactment a designated next of kin or other representative, in accordance with section 103(f) of the Federal Mine Safety and Health Act of 1977.
Additional amendments relating to inspections and investigations
Hours of inspections
Section 103(a)
(30 U.S.C. 813(a)) is amended by inserting after the third sentence the
following: Such inspections shall be 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
shifts.
.
Injury and illness reporting
Section
103(d) (30 U.S.C. 813(d)) is amended by striking the last sentence and
inserting the following: The records to be kept and made available by
the operator of the mine shall include man-hours worked and occupational
injuries and illnesses, and shall be maintained separately for each mine and be
reported at a frequency determined by the Secretary, but at least annually.
Operators shall be responsible for reporting all miners working at such mine
under their direct supervision.
.
Conflict of interest in the representation of miners
Section 103(a) (30
U.S.C. 813(a)) is amended by adding at the end the following: During
inspections and investigations under this section, and during any litigation
under this Act, no attorney shall represent or purport to represent both the
operator of a coal or other mine and any other individual, unless such
individual has willfully and voluntarily waived all actual and reasonably
foreseeable conflicts of interest resulting from such representation. The
Secretary is authorized to take such actions as the Secretary considers
appropriate to ascertain whether such individual has willfully and voluntarily
waived all such conflicts of interest. If the Secretary finds that such an
individual cannot be represented adequately by such an attorney due to such
conflicts of interest, the Secretary may petition the appropriate United States
District Court which shall have jurisdiction to disqualify such attorney as
counsel to such individual in the matter. The Secretary may make such a motion
as part of an ongoing related civil action or as a miscellaneous
action.
.
Conforming amendment
Section 103(e) (30 U.S.C. 813(e)) is amended by
inserting or the National Mine Safety Board
after
Welfare
.
Enhanced enforcement authority
Significant and substantial violations
Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amended—
in the first sentence—
by striking
any mandatory health or safety standard
and inserting any
provision of this Act, including any mandatory health or safety standard or
regulation promulgated under this Act
; and
by striking
such mandatory health or safety standards
and inserting
such provisions, regulations, or mandatory health or safety
standards
;
in the second
sentence, by striking any mandatory health or safety standard
and inserting any provision of this Act, including any mandatory health
or safety standard or regulation promulgated under this Act,
;
and
by inserting after the first sentence the
following: For purposes of this Act, a violation of a provision of this
Act, including any mandatory health or safety standard or regulation
promulgated under this Act, is of such nature as could significantly and
substantially contribute to the cause and effect of a safety or health hazard
if there is a substantial probability such violation could result in serious
injury, illness, or death.
.
A pattern of recurring noncompliance or accidents
Section 104(e) (30 U.S.C. 814(e)) is amended to read as follows:
Pattern of recurring noncompliance or accidents
Determination of pattern status
In general
If the Secretary determines that an operator has a possible pattern of violations of mandatory health or safety standards based upon the initial screening criteria promulgated in accordance with subparagraph (B), the Secretary shall provide the operator written notice pursuant to subparagraph (D). If, upon any inspection within 90 days after the issuance of such notice, an authorized representative of the Secretary finds any violation of a mandatory health or safety standard which could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard the operator shall be placed in pattern status.
Regulations establishing initial screening criteria for possible placement in pattern status
In general
The Secretary shall issue regulations establishing initial screening criteria for determining whether to place a mine on pattern status under this subsection. The criteria in such regulations shall be based on the following factors, each assigned appropriate weight as determined by the Secretary:
Citations for significant and substantial violations;
Orders under section 104(b) of the Act for not abating significant and substantial violations;
Citations and withdrawal orders under section 104(d) of the Act, resulting from the operator’s unwarrantable failure to comply;
Imminent danger orders under section 107(a) of the Act;
Orders under section 104(g) of the Act requiring withdrawal of miners who have not received training and who the inspector declares to be a hazard to themselves and others;
Enforcement measures, other than section 104(e) of the Act, which have been applied at the mine; and
Other information that demonstrates a serious safety or health management problem at the mine such as accident, injury, and illness records.
Review
At least 2 times each year, the Secretary will review the compliance and accident, injury, and illness records of mines to determine if any mines meet the criteria established in the regulations promulgated under this subparagraph.
Mine categories
Regulations promulgated under subparagraph (B) may be determined and maintained for different types of mines, according to the following classifications:
Underground coal mines;
Surface coal mines;
Underground metal mines;
Surface metal mines; and
Non-metal mines.
Issuance of Notice
Issuance
When a mine has a pattern of violations, the Secretary will issue a pattern of violations notice to the mine operator that specifies the basis for the Secretary’s action. The Secretary will also provide a copy of the notice to the representative of miners.
Posting
The mine operator shall post a copy of the notice on the mine bulletin board and in a conspicuous place near each staffed entrance onto the mine property. The notice shall remain posted at the mine until it is terminated.
Mitigating circumstances
Notwithstanding the criteria established under subparagraph (B), if, after conducting an assessment of a coal or other mine that otherwise qualifies for pattern status, the Secretary certifies that there are mitigating circumstances wherein the operator is in the process of reducing elevated risks to the health or safety of miners and is implementing sufficient measures to ensure such elevated risk will not recur, the Secretary may deem such mine to not be in pattern status under this subsection. The Secretary shall issue any such certification of such mitigating circumstances that would preclude the placement of a mine in pattern status as a written finding, which shall, not later than 10 days after the certification is made, be—
published in the Federal Register; and
transmitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
Actions following placement of mine in pattern status
For any coal or other mine that is in pattern status, the Secretary shall—
notify the operator of such mine that the mine is being placed in pattern status;
issue an order requiring such operator to cause all persons to be withdrawn from such mine while the Secretary conducts a complete inspection of the mine to identify any hazards or violations that could be immediately harmful to the safety or health of the miners;
require, as a condition of reopening the mine, that—
all violations or other conditions in the mine identified by the Secretary have been or are being fully abated or corrected; and
the operator file a remediation plan as described in paragraph (3); and
require that the number of regular inspections of such mine required under section 103 be increased by an amount determined by the Secretary to be sufficient to ensure that all hazardous conditions have been addressed and that a program is in place to prevent a reoccurrence of such conditions.
Remediation plan
In general
An operator of a mine placed in pattern status shall submit to the Secretary a remediation plan for approval by the Secretary to—
institute and implement an effective health and safety management program that specifically addresses the issues that gave rise to the placement of the mine in pattern status; and
facilitate any effort by the Secretary to communicate directly with miners employed at the mine outside the presence of the mine operators or its agents, for the purpose of obtaining information about mine conditions, health and safety practices, advising miners of their rights under this Act, and to assist the efforts of the operator in developing or implementing the remediation plan.
Expedited review
The operator’s remediation plan shall be evaluated for approval by the Secretary on an expedited basis, in accordance with section 105(d).
Plan dispute resolution
In general
Any dispute between the Secretary and an operator with respect to the content of the operator’s plan under paragraph (3) or any refusal by the Secretary to approve such plan shall be resolved on an expedited basis.
Disputes
In the event of a dispute or refusal to approve a plan, the Secretary shall issue a citation which shall be immediately referred to the Commission. The Secretary and the operator shall submit all relevant material regarding the dispute to the Commission within 15 days of the date of the referral. The Commission shall render its decision with respect to the plan content dispute within 15 days of the receipt of the submission.
Further appeals
Any party adversely affected by a decision under this subparagraph may pursue all further available appeal rights with respect to the situation involved, except that inclusion of the disputed provision in the plan will not be limited by such appeal unless such relief is requested by the operator and permitted by the Commission.
Performance evaluation
Performance benchmarks
The Secretary shall evaluate the performance of each operator whose mine is in pattern status every 90 days during which the mine is producing and determine if, for such 90-day period—
the rate of citations for such mine for significant and substantial violations—
is, on average, in the top performing 35th percentile of such rates, respectively, for all mines of similar size and type; and
has been reduced by 70 percent since such mine was placed on pattern status; and
the accident and injury rates at such mine are, on average, in the top performing 35th percentile of such rates, respectively, for all mines of similar size and type.
Reissuance of production limitation
If an operator being evaluated fails to achieve the performance benchmarks described in subparagraph (A), the Secretary may re-impose the conditions under paragraph (2)(B) to remedy any recurring conditions that led to pattern status under this subsection, and may require modification of the remediation plan, as necessary, to protect the health and safety of miners.
Termination of pattern status
Performance benchmarks
The Secretary shall remove an operator of a coal or other mine from pattern status if, for a period of 180 days during which the mine is producing—
the rate of citations for such mine for significant and substantial violations—
is, on average, in the top performing 25th percentile of such rates, respectively, for all mines of similar size and type; and
has been reduced by 70 percent since such mine was placed on pattern status; and
the accident and injury rates at such mine are, on average, in the top performing 25th percentile of such rates, respectively, for all mines of similar size and type.
Continuation of pattern status
Should the mine operator fail to meet the performance benchmarks described in subparagraph (A), the Secretary shall extend the mine’s placement in pattern status until such benchmarks are achieved.
Expedited hearing
The operator of a mine whose mine is placed in a pattern status under this section shall have the right to an expedited hearing, within 10 days of providing notice to the Commission to contest the validity of any enforcement action that has contributed to the mine being identified under this section, notwithstanding whether the enforcement action was previously the subject of a notice of contest pursuant to section 105 or has been deemed a final order of the Commission.
Limitation on application
The provisions of this subsection shall not apply, for a period of 12 months, following the acquisition of a mine by a purchaser.
Regulations
Not later than 180 days after the date of enactment of the Mine Safety Accountability and Improved Protection Act, the Secretary shall issue proposed regulations to implement the provisions of this subsection. Not later than 1 year after the date of enactment of such Act, the Secretary shall issue final regulations to implement this subsection.
Public database and information
The Secretary shall establish and maintain a publically available electronic database containing the data used to determine pattern status for all coal or other mines. Such database shall be searchable, shall have the capacity to provide comparative data about the health and safety at mines of similar sizes and types. The Secretary shall also make publicly available—
a list of all mines the Secretary places in pattern status, updated not less frequently than quarterly; and
the metrics, including percentile information, used for the purposes of the performance benchmarks and threshold criteria described in paragraphs (4) and (5).
Operator fees for additional inspections
Assessment and collection
Beginning 120 days after the date of enactment of the Mine Safety Accountability and Improved Protection Act, the Secretary shall assess and collect fees, in accordance with this paragraph, from each coal or other mine in pattern status for the costs of additional inspections under this subsection. The Secretary shall issue, by rule, a schedule of fees to be assessed against coal or other mines of varying types and sizes, and shall collect and assess amounts under this paragraph based on the schedule.
Mines in Pattern Status Inspection Fund
There is established in the Treasury of the United States a separate account for the deposit of fees collected under this paragraph to be known as the Mines in Pattern Status Inspection Fund. The Secretary shall deposit any fees collected pursuant to subparagraph (A) into the fund.
Use
Amounts in the Mines in Pattern Status Inspection Fund shall be available to the Secretary, as provided in subparagraph (D), for making expenditures to carry out the additional inspections required under paragraph (2)(D).
Authorization of appropriations
In addition to any other amounts appropriated, there is authorized to be appropriated from the Mines in Pattern Status Inspection Fund to the Assistant Secretary for Mine Safety and Health for each fiscal year in which fees are collected under subparagraph (A) an amount equal to the total amount collected during the previous fiscal year from fees assessed pursuant to this paragraph. Such amounts are authorized to remain available until expended.
Crediting and Availability of Fees
Fees authorized and collected under this paragraph shall be available for obligation only to the extent and in the amount provided in advance in appropriations Acts.
.
Injunctive Authority
Section 108(a)(2) is amended to read as follows:
The Secretary may institute a civil action for relief, including permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the coal or other mine is located or in which the operator of such mine has his principal office whenever the Secretary believes that the operator of a coal or other mine is engaged in a pattern of violation of this Act, or of any mandatory health or safety standards of this Act, or regulation promulgated under this Act, which constitutes a continuing hazard to the health or safety of miners.
.
Revocation of approval of plans
Section 105 (30 U.S.C. 815) is amended by adding at the end the following:
Revocation of approval of plans
If the Secretary finds that any program or plan of an operator, or part thereof, that was approved by the Secretary under this Act is based on inaccurate information or that 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 miners, the Secretary shall revoke the approval of such program or plan and provide the operator with a detailed explanation containing the specific reasons that approval was revoked.
.
Challenging decisions related to the approval of a coal or other mine plan
Section 105 (30 U.S.C. 815) is further amended by adding at the end the following:
Process for approval of and challenging decisions related to the approval of a coal or other mine plan
Proposed programs, plans, and plan revision process
Submission for approval
Any operator’s proposed program, plan, or plan revision,
which is subject to approval by the Secretary under this Act, and implementing
standards and regulations, shall be submitted in writing to the appropriate
district manager of the Mine Safety and Health Administration (in this
subsection referred to as the district manager
). When revisions
to a previously approved plan are proposed by a mine operator, only proposed
revised pages, maps, and sketches are required to be submitted, unless
otherwise specified by the district manager. Written comments may be submitted
by representatives of the miners relative to plan or revisions submitted. Such
program, plan, or plan revision shall be reviewed and either approved or denied
approval by the district manager, pursuant to the following provisions:
Notification of approval or denial of proposed program, plan or plan revision
The district manager shall notify the mine operator, in writing, of the approval or denial of the proposed program, plan or plan revision. A copy of the district manager’s written notification shall be mailed to the representative of miners by the district manager.
Failure of the district manager to provide written notification
If the district manager fails to notify a mine operator, in writing, of the approval or denial of any proposed program or plan within 30 days of the mine operator’s submission, such proposed program or plan shall be deemed approved. If a district manager fails to notify a mine operator, in writing, of the approval or denial of approval of any proposed plan revision within 7 days of the mine operator’s submission, such proposed program or plan shall be deemed approved.
Specification of deficiencies and recommended changes
When approval of any proposed program, plan or plan revision is denied, the district manager’s written notification shall—
specify the deficiencies in the mine operator’s proposed program, plan, or plan revision;
recommend changes to eliminate the specified deficiencies in the proposed program, plan, or plan revision; and
provide an opportunity for the operator to schedule a meeting with the district manager to discuss any specified deficiencies in the proposed program, plan, or plan revision.
Process following meeting
Following any meeting between the operator and the district manager regarding any proposed program, plan, or plan revision, the district manager shall provide the mine operator with a reasonable time period to resubmit the proposed program, plan, or plan revision.
Plan dispute resolution
Contest
In the event a district manager denies approval of an operator’s proposed program, plan, or plan revision, the operator may contest the decision of the district manager to the Secretary. Any dispute between the Secretary and an operator with respect to the content of any program, plan or plan revision of the mine operator shall be resolved on an expedited basis.
Disputes
In the event of a dispute described in subparagraph (A), any technical citation issued by the Secretary shall be immediately referred to the Commission. The Secretary and the mine operator shall submit all relevant material regarding the dispute to the Commission within 15 days of the date of the referral. The Commission shall render its decision with respect to the plan content dispute within 15 days of the receipt of the submission.
Further appeals
A party adversely affected by a decision under subparagraph (B) may pursue all further available appeal rights with respect to the citation involved, except that inclusion of the disputed provision of the plan shall not be limited by such appeal unless such relief is requested by the operator and permitted by the Commission.
.
Penalties
Civil penalties
Maximum civil penalties
Section 110(a)(1) (30 U.S.C. 820(a)(1)) is amended by
inserting including any regulation promulgated under this Act,
after this Act,
.
Increased civil penalties during pattern status
Section 110(b) (30 U.S.C. 820(b)) is amended by adding at the end the following:
Notwithstanding any other provision of this Act, an operator of a coal or other mine that is in pattern status under section 104(e) and that fails to meet the performance benchmarks set forth by the Secretary under section 104(e)(5)(A) during any performance review of the mine following the first performance review shall be assessed an increased civil penalty for any violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act. Such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this Act, including the regulations promulgated under this Act, subject to the maximum civil penalty established for the violation under this Act. This paragraph shall apply to violations at such mine that occur during the period beginning after the failed performance review following the first performance review, and ending when the Secretary determines at a subsequent performance review that the mine meets the performance benchmarks under section 104(e)(5)(A).
.
Civil penalty for retaliation
Section 110(a) (30 U.S.C. 820(a)) is further amended—
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation, and not less than $20,000 or more than $200,000 for any subsequent violation, during any 3-year period.
.
Civil and criminal liability of officers, directors, and agents
Section 110(c) (30 U.S.C. 820(c)) is amended to read as follows:
Civil and criminal liability of officers, directors, and agents
Whenever an operator violates a provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, or willfully violates or fails or refuses to comply with any order issued under this Act or any order incorporated in a final decision issued under this Act, any director, officer, or agent of such operator who willfully authorized, ordered, or carried out such violation, failure, or refusal, or any policy or practice that contributed to the occurrence of a fatality shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under this section.
.
Criminal penalties
Willful violations
Section 110(d) (30 U.S.C. 820(d)) is amended by
striking $500,000
and inserting
$1,000,000
.
Criminal penalty for retaliation
Section 110(d) is further amended—
by inserting
(1)
before Any operator
; and
by adding at the end the following:
Whoever willfully takes any action that is directly or indirectly harmful to any person, including action that interferes with the lawful employment or livelihood of any person, because such person has provided an authorized representative of the Secretary, the National Mine Safety Board, or another law enforcement officer with any information related to the existence of a health or safety violation or an unhealthful or unsafe condition, policy, or practice under this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.
.
Advance notice of inspections
In general
Section 110(e) (30 U.S.C. 820(e)) is amended—
by striking
Unless
and inserting (1) Unless
; and
by adding at the end the following:
Unless otherwise authorized by this Act, any operator, agent or contractor of any operator, miner, inspector, employee of the Administration, or State mine inspector, that willfully gives, causes to give, or attempts to give or cause to give advance notice of any inspection to be conducted under this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.
.
Posting of advance notice penalties
Section 109 (30 U.S.C. 819) is amended by adding at the end the following:
Posting of advance notice penalties
Each operator of a coal or other mine shall post, on the bulletin board described in subsection (a) and in a conspicuous place near each staffed entrance onto the mine property, a notice stating, in a form and manner to be prescribed by the Secretary—
that giving, causing to give, or attempting to give or cause to give advance notice of any inspection to be conducted under this Act is unlawful pursuant to section 110(e); and
the maximum penalties for a violation under such subsection.
.
False statements and representations
Section
110(f) (30 U.S.C. 820(f)) is amended by striking $10,000
and
inserting $50,000
.
Conference process for appealing penalties; delinquent payments and prejudgment interest
Conference Process
Section 110 (30 U.S.C. 820) is amended by—
redesignating subsection (l) as subsection (m); and
by inserting after subsection (k) the following:
Operator Conference Process
Right to review
Prior to the assessment of any penalty assessed under this section, the operator shall be afforded the opportunity to review with a designated Conference Litigation Representative of the Secretary each citation and order issued during an inspection.
Request for conference; timeline
Upon receipt of a citation or order issued under this Act the operator shall have 15 days to request the review described in paragraph (1) of any citation or order issues during an inspection. The conference request must include a brief statement of the reason why each citation or order should be afforded a conference. Within 15 days following receipt of a request by the operator the Conference Litigation Representative shall schedule a meeting to review the citations or orders subject to the request. The Conference Litigation Representative shall consider all relevant information submitted in a timely manner with respect to the violations or orders.
Decision of conference litigation representative
Within 15 days following the conduct of conference, the Conference Litigation Representative shall issue a decision affirming, modifying, or vacating the citations or orders that were the subject of the conference. The decision shall be communicated to the operator, the issuing inspector, and the district manager responsible for the district within which the mine is located. In making a decision, the Conference Litigation Representative shall consult, as needed, with the Director of the Mine Safety and Health Administration, Office of Accountability, to which each Conference Litigation Representative shall report.
.
Pre-Final order interest
Section 110(j) (30 U.S.C. 820(j)) is amended by striking
the second and third sentences and inserting the following: Pre-final
order interest on such penalties shall begin to accrue on the date the operator
contests a citation issued under this Act, including any mandatory health or
safety standard or regulation promulgated under this Act, and shall end upon
the issuance of the final order. Such pre-final order interest shall be
calculated at the current underpayment rate determined by the Secretary of the
Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and
shall be compounded daily. Post-final order interest shall begin to accrue 30
days after the date a final order of the Commission or the court is issued, and
shall be charged at the rate of 8 percent per annum.
.
Ensuring payment of penalties
Amendment
Section 110 (30 U.S.C. 820) is further amended by adding after subsection (l) (as added by subsection (a)) the following:
Ensuring payments of penalties
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 90 days after such assessment became a final order, the Secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay. The letter shall also advise the operator of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, the procedure for entering into such plan, and the consequences of not entering into or not complying with such plan.
Withdrawal orders following failure to pay
If an operator that receives a letter under paragraph (1) has not paid the assessment by the date that is 180 days after such assessment became a final order and has not entered into a payment plan with the Secretary, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1), until the operator pays such assessment in full (including interest and administrative costs) or enters into a payment plan with the Secretary. 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 plan, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from the mine that is covered by such final order, and to be prohibited from entering such mine, until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan.
.
Applicability and effective date
The amendment made by paragraph (1) shall apply to all unpaid civil penalty assessments under the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), except that, for any unpaid civil penalty assessment that became a final order of the Commission or a court before the date of enactment of this Act, the time periods under section 110(n) of the Federal Mine Safety and Health Act of 1977 (as amended) (30 U.S.C. 820(n)) shall be calculated as beginning on the date of enactment of this Act instead of on the date of the final order.
Worker Rights and Protections
Protection from retaliation
Section 105(c) (30 U.S.C. 815(c)) is amended to read as follows:
Protection from retaliation
Retaliation prohibited
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 operator, representative of miners, or applicant for employment, because—
such miner or other employee, representative, or applicant for employment—
has filed or made a complaint, or is about to file or make a complaint, including a complaint notifying the operator or the operator’s agent, 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 mine;
instituted or caused to be instituted, or is about to institute or cause to be instituted, any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such miner or other employee, representative, or applicant for employment on behalf of him or herself or others of any right afforded by this Act;
has testified or is about to testify before Congress or any Federal or State proceeding related to safety or health in a coal or other mine; or
refused to violate any provision of this Act; or
such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section 101.
Retaliation for refusal to perform duties
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 employee.
Standard
For purposes of clause (i), 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 person, under the circumstances confronting the miner or other employee, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the miner or other employee, when practicable, 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 concern.
Complaint
Any miner or other employee or representative of miners or applicant for employment who believes that he or she has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) may file a complaint with the Secretary alleging such discrimination not later than 90 days after the later of—
the last date on which an alleged violation of paragraph (1) occurs; or
the date on which the miner or other employee or representative knows or should reasonably have known that such alleged violation occurred.
Investigation and hearing
Commencement of investigation and initial determination
Upon receipt of such complaint, the Secretary shall forward a copy of the complaint to the respondent, and shall commence an investigation within 15 days of the Secretary’s receipt of the complaint, and, as soon as practicable after commencing such investigation, make the determination required under subparagraph (B) regarding the reinstatement of the miner or other employee.
Reinstatement
If the Secretary finds that such complaint was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner or other employee until there has been a final Commission order disposing of the underlying complaint of the miner or other employee. If either the Secretary or the miner or other employee pursues the underlying complaint, such reinstatement shall remain in effect until the Commission has disposed of such complaint on the merits, regardless of whether the Secretary pursues such complaint by filing a complaint under subparagraph (D) or the miner or other employee pursues such complaint by filing an action under paragraph (4). If neither the Secretary nor the miner or other employee pursues the underlying complaint within the periods specified in paragraph (4), such reinstatement shall remain in effect until such time as the Commission may, upon motion of the operator and after providing notice and an opportunity to be heard to the parties, vacate such complaint for failure to prosecute.
Investigation
Such investigation shall include interviewing the complainant and—
providing the respondent an opportunity to submit to the Secretary a written response to the complaint and to present statements from witnesses or provide evidence; and
providing the complainant an opportunity to receive any statements or evidence provided to the Secretary and rebut any statements or evidence.
Action by the Secretary
If, upon such investigation, the Secretary determines that the provisions of this subsection have been violated, the Secretary shall immediately file a complaint with the Commission, with service upon the alleged violator and the miner or other employee or representative of miners alleging such discrimination or interference and propose an order granting appropriate relief.
Action of the Commission
The Commission shall afford an opportunity for a hearing (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The complaining miner or other employee, representative, or applicant for employment may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph.
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 appropriate, including—
the rehiring or reinstatement of the miner or other employee with back pay and interest and without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment;
any other compensatory and consequential damages sufficient to make the complainant whole, and exemplary damages where appropriate; and
expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information.
Notice to and action of complainant
Notice to complainant
Not later than 90 days after the receipt of a complaint filed under paragraph (2), the Secretary shall notify, in writing, the miner or other employee, applicant for employment, or representative of miners of his determination whether a violation has occurred.
Action of complainant
If the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days after receiving notice of the Secretary’s determination, to file an action in his or her own behalf before the Commission, charging discrimination or interference in violation of paragraph (1).
Hearing and decision
The Commission shall afford an opportunity for a hearing (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate as described in paragraph (3)(D). Such order shall become final 30 days after its issuance.
Burden of proof
In adjudicating a complaint pursuant to this subsection, the Commission may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. 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 conduct.
Attorneys’ fees
Whenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses, including attorney’s fees, as determined by the Commission to have been reasonably incurred by the complainant for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. The Commission shall determine whether such costs and expenses were reasonably incurred by the complainant without reference to whether the Secretary also participated in the proceeding.
Expedited proceedings; Judicial review
Proceedings under this subsection shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this subsection shall be subject to judicial review in accordance with section 106. Violations by any person of paragraph (1) shall be subject to the provisions of sections 108 and 110(a)(4).
Procedural Rights
The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement.
Savings
Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement.
.
Protection from loss of pay
Section 111 (30 U.S.C. 821) is amended to read as follows:
Entitlement of miners
Protection from loss of pay
Withdrawal order
If a coal or other mine or area of such mine is closed by an order issued under section 103, 104, 107, 108, or 110 all miners who are idled by such order shall be entitled to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the remainder of the current shift and the next 8 hour shift for which they are idled. Nothing in this section shall prevent the operator of a coal or other mine from transferring miners from the area of the mine effected by the withdrawal order to another area of the mine not under the withdrawal order.
Refusal to comply
Whenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, terminated, or up to 10 days.
Enforcement
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 subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs.
Failure to pay compensation due
Consistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order.
.
Modernizing health and safety standards
Pre-shift review of mine conditions
Section 303(d) (30 U.S.C. 863(d)) is amended by adding at the end the following:
Not later than 30 days after the issuance of the interim final rules promulgated under subparagraph (C), each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner entering the mine is made aware, at the start of such miner’s shift, of the current conditions of the mine, including—
any conditions that are hazardous; and
the general conditions of that miner’s assigned working section or other area.
Not later than 90 days after the date of enactment of the Mine Safety Accountability and Improved Protection Act, the Secretary shall promulgate interim final rules implementing the requirements of subparagraphs (A) and (B).
.
Atmospheric monitoring systems
Section 317 (30 U.S.C. 877) is amended by adding at the end the following:
Atmospheric monitoring systems
NIOSH recommendations
Not later than 1 year after the date of enactment of the Mine Safety Accountability and Improved Protection Act, the Director of the National Institute for Occupational Safety and Health, acting through the Office of Mine Safety and Health Research, in consultation, including through technical working groups with operators, vendors, State mine safety agencies, the Secretary, and labor representatives of miners, shall issue recommendations to the Secretary regarding—
how to ensure that atmospheric monitoring systems are utilized in the underground coal mining industry to maximize the health and safety of underground coal miners; and
the implementation of redundant systems, such as the bundle tubing system, that can continuously monitor the mine atmosphere following incidents such as fires, explosions, entrapments, and inundations.
Atmospheric monitoring system regulations
Not later than 1 year following the receipt of the recommendations described in paragraph (1), the Secretary shall promulgate regulations requiring that each operator of an underground coal mine install atmospheric monitoring systems, consistent with such recommendations, that—
protect miners where the miners normally work and travel;
provide real-time information regarding methane and carbon monoxide levels, and airflow direction, as appropriate, with sensing, annunciating, and recording capabilities; and
can, to the maximum extent practicable, withstand explosions and fires.
.
Technology related to respirable dust
Section 202(d) (30 U.S.C. 842(d)) is amended
by striking of Health and Human Services
.
Refresher training on miner rights and responsibilities
In general
Section 115(a)(3) (30 U.S.C. 825(a)(3)) is amended to read as follows:
all miners shall receive not less than 9 hours of refresher training not less frequently than once every 12 months, 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 law, pursuant to a program of instruction developed by the Secretary and delivered by the mine operator or by a trainer approved by the Secretary;
.
Timing of initial statutory rights training
Notwithstanding section 115 of the Federal Mine Safety and Health Act (as amended by subsection (a)) (30 U.S.C. 825) or the health and safety training program approved under such section, 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 115(a)(3) of such Act not later than 180 days after such date.
Authority to mandate additional training
In general
Section 115 (30 U.S.C. 825) is further amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following:
Authority To mandate additional training
The Secretary is authorized to require that an operator of a coal mine provide additional training beyond what is otherwise required by law, and specifying the time within which such training shall be provided, if the Secretary finds that—
an operator has shown a history of inadequately training its miners in mine health and safety;
a serious or fatal accident has occurred at such mine; or
such mine has experienced accident and injury rates, citations for violations of this Act (including mandatory health or safety standards or regulations promulgated under this Act), citations for significant and substantial violations, or withdrawal orders issued under this Act at a rate above the average for mines of similar size and type; and
additional training would benefit the health and safety of miners at the mine.
.
Conforming amendments
Section 104(g)(2) (30 U.S.C. 814(g)(2)) is amended by
striking under paragraph (1)
both places it appears and
inserting under paragraph (1) or under section 115(e)
.
Certification of personnel
In general
Title I is further amended by adding at the end the following:
Certification of personnel
Certification required
Any person who is authorized or designated by the operator of a coal mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or approval to perform such duties or provide such training consistent with the requirements of this section.
Establishment of certification requirements and procedures
In general
Not later than 1 year after the date of enactment of the Mine Safety Accountability and Improved Protection Act, the Secretary shall issue mandatory standards to establish—
requirements for such certification, registration, qualification, or other approval, including the experience, examinations, and references that may be required as appropriate;
time limits for such certifications and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and
procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that the Secretary responds to requests for revocation.
Coordination with States
In developing such standards, the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) may provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1).
Operator Fees for certification
Assessment and collection
Beginning 180 days after the date of enactment of the Mine Safety Accountability and Improved Protection Act, the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund the certification programs established under this section.
Mine Safety and Health Certification Fund
There is established in the Treasury of the United States a separate account for the deposit of fees collected under this subsection to be known as the Mine Safety and Health Certification Fund. The Secretary shall deposit any fees collected pursuant to paragraph (1) into the fund.
Use
Amounts in the Mine Safety and Health Certification Fund shall be available to the Secretary, as provided in paragraph (4), for making expenditures to carry out the certification programs established under this subsection.
Authorization of appropriations
In addition to funds appropriated under section 114, there is authorized to be appropriated from the Mine Safety and Health Certification Fund to the Assistant Secretary for Mine Safety and Health for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount collected during the previous fiscal year from fees assessed pursuant to this subsection. Such amounts are authorized to remain available until expended.
Crediting and Availability of Fees
Fees authorized and collected under this subsection shall be available for obligation only to the extent and in the amount provided in advance in appropriations Acts.
Citation; withdrawal order
Any operator who permits a person to perform any of the health or safety related functions described in subsection (a) without a current certification which meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that the miner be withdrawn or reassigned to duties that do not require such certification.
.
Conforming amendments
Section 318 (30 U.S.C. 878) is amended—
by striking subsections (a) and (b);
in subsection (c), by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
in subsection (g), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and
by redesignating subsections (c) through (j) as paragraphs (1) through (8), respectively.
Additional mine safety provisions
Definitions
Definition of operator
Section 3(d) is amended to read as follows:
operator
means—
any owner, lessee, or other person that—
operates or supervises a coal or other mine; or
controls such mine by making or having the authority to make management or operational decisions that affect, directly or indirectly, the health or safety at such mine; or
any independent contractor performing services or construction at such mine;
.
Definition of agent
Section 3(e) (30 U.S.C.
802(e)) is amended by striking the miners
and inserting
any miner
.
Definition of miner
Section 3(g) (30 U.S.C.
802(g)) is amended by inserting after or other mine
the
following: , and includes any individual who is not currently working in
a coal or other mine but would be currently working in such mine, but for an
accident in such mine
.
Definition of significant and substantial violations
Section 3 (30 U.S.C. 802) is further amended—
in subsection (m),
by striking and
after the semicolon;
in subsection (n), by striking the period at the end and inserting a semicolon;
in subsection (o),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
significant and substantial violation means a violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, 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 104(d) and there is a substantial probability that such a violation could result in death.
.
Assistance to States
Section 503 (30 U.S.C. 953(a)) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by striking , in coordination with the
Secretary of Health, Education, and Welfare and the Secretary of the
Interior,
;
in paragraph (2),
by striking and
after the semicolon;
in paragraph (3),
by striking the period and inserting ; and
; and
by adding at the end the following:
to assist such State in developing and implementing any certification program for coal or other mines required for compliance with section 118.
; and
in subsection (h),
by striking $3,000,000 for fiscal year 1970, and $10,000,000 in each
succeeding fiscal year
and inserting $20,000,000 for each fiscal
year
.
Amendments relating to eligibility for scholarship program
Section 515 (30 U.S.C. 964) is amended—
in subsection (b)(3), by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;
in subsection (c)(3), by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and
in subsection (d)(3)—
in subparagraph (A), by inserting
and
after the semicolon; and
by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).
Additional training of mine inspectors
Beginning during the 1 year period after the date of enactment of this Act, and each year thereafter, the Secretary of Labor shall require that each mine inspector conducting inspections under the Federal Mines Safety and Health Act of 1977 receive a full additional week of training, in addition to the training that was provided to or required of such inspectors prior to the date of enactment of this Act.
Report on staffing needs of the Mine Safety and Health Administration
Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall transmit a report to Congress detailing any specific need for additional inspectors or other employees of the Mine Safety and Health Administration in order for the Administration to carry out and fulfill the purposes of this Act. Such report shall include specific requests for additional appropriations, if so determined by the Secretary.
Budget neutrality; offset
Offset
Prior to being appropriated, additional amounts authorized by the amendments made by this Act shall be fully offset by a reduction to another appropriation, as the House and Senate Committees on Appropriations consider appropriate.
Budget Control Act
Nothing in this Act or the amendments made by this Act shall be interpreted to violate the budgetary caps enacted in the Budget Control Act of 2011 (Public Law 112–25).