[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2803 Enrolled Bill (ENR)]
S.2803
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,

a039313e5a7e4b804a43c4371a42fd7088ce269a216632bee736595abbef0208

This Act may be cited as the ``Mine Improvement and New Emergency
Response Act of 2006'' or the ``MINER Act''.

f0932f82a98b1eda6c74c0a871e758affa3c6681713abadb976fb45e8be31c62

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.''.

02172d4507ce730c26c555addd2deb2beef8925af232c2f0ffb95c5b8b371b3e

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.''.

1c4b772a0d665821a0cfb13a6dd039c792217bd6f74f001edaf9e915f343a559

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.''.

6738599071af634ebf5338588c6fccfc6e19e716d02c022065b65e99583a6771

(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.''.

6c51cd2e308c4633f89c6a7b7aee3aa61ca39a3f548de178aeaa52523b472bbe

(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.''.

c779ba8417e91379f989cf7ae2f5f4d479d26e949534dae277a904489557e73f

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.

483dfc7745efa191ca9c27beb8e57e227424ab01f84afbd1464db34094d19608

(a) In General.--Section 110 of the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 820) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after the subsection designation;
and
(B) by adding at the end the following:
``(2) Any operator who willfully violates a mandatory health or
safety standard, or knowingly violates or fails or refuses to comply
with any order issued under section 104 and section 107, or any order
incorporated in a final decision issued under this title, except an
order incorporated in a decision under paragraph (1) or section 105(c),
shall, upon conviction, be punished by a fine of not more than
$250,000, or by imprisonment for not more than one year, or by both,
except that if the conviction is for a violation committed after the
first conviction of such operator under this Act, punishment shall be
by a fine of not more than $500,000, or by imprisonment for not more
than five years, or both.
``(3)(A) The minimum penalty for any citation or order issued under
section 104(d)(1) shall be $2,000.
``(B) The minimum penalty for any order issued under section
104(d)(2) shall be $4,000.
``(4) Nothing in this subsection shall be construed to prevent an
operator from obtaining a review, in accordance with section 106, of an
order imposing a penalty described in this subsection. If a court, in
making such review, sustains the order, the court 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.

b875d50bc999841b3c11db9fb8df5ad82adf1a88afa895c2489421eb073e418f

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''.

62a49cea46ed1bff801b25845e803d932c4fd31e109341b61344fb0d0ba17450

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.

61e17435d00ae4e53a8af376fe5ce8463f167113578df9381c8bf1a8f3238911

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.
``(d) Report.--
``(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.''.

7b54a5d831c57ef1a34b17a1796a7b898fd048d4a5855ca3ff1377e21ed71dac

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.''.

6b87ff31b91f74a10dfb977a555c926bb4b6d324e8d82f8cbb844afe5df68553

(a) In General.--The National Institute of Occupational Safety and
Health shall provide for the conduct of research, including field
tests, concerning the utility, practicality, survivability, and cost of
various refuge alternatives in an underground coal mine environment,
including commercially-available portable refuge chambers.
(b) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the National Institute for Occupational
Safety and Health shall prepare and submit to the Secretary of
Labor, the Secretary of Health and Human Services, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and the Workforce of the House of
Representatives a report concerning the results of the research
conducted under subsection (a), including any field tests.
(2) Response by secretary.--Not later than 180 days after the
receipt of the report under paragraph (1), the 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.

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(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.
(e) Awarding of Grants.--
(1) Annual basis.--Grants under this section shall be awarded
on an annual basis.
(2) Special emphasis.--In awarding grants under this 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.

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Coal Mine Safety bill — S. 2803

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