Mine Improvement and New Emergency Response Act of 2006 or the MINER Act - Amends the Federal Mine Safety and Health Act of 1977 to require coal mine operators to: (1) carry out continuously a program to improve accident preparedness and response at each mine; and (2) adopt and update an accident response plan for evacuations and for maintenance of individuals trapped underground. Requires such a plan to provide for: (1) redundant means and local coordination of communication; (2) post-accident location of underground personnel; (3) emergency air supplies: (4) self-rescuer caches, maintenance, and replacement; (5) escapeways and flame-resistant directional lifelines; (6) emergency training; and (7) within three years, post accident wireless communication between underground and the surface and electronic tracking of trapped persons.
Limits the liability of persons who carry out mine accident rescue or recovery operations.
Directs the Secretary of Labor to require: (1) the Mine Safety and Health Administration (MSHA) to establish and update criteria to certify the qualifications of mine rescue teams; and (2) mine operators to have one employee knowledgeable in emergency response on each shift and two certified mine rescue teams available at each mine within one hour.
Requires notification of a mine accident to be provided to the Secretary by the operator within 15 minutes of knowledge of a death or potentially fatal injury.
Amends the Occupational Safety and Health Act of 1970 to establish within the National Institute for Occupational Safety and Health (NIOSH) an Office of Mine Safety and Health to enhance the development of new mine safety technology and applications and to expedite the commercial availability and implementation of such technology. Authorizes the Director of NIOSH to: (1) award competitive grants and contracts; and (2) establish an interagency working group to share technology, research, and developments concerning mine safety and accident response.
Requires the Secretary to require: (1) the temporary assignment of a department official as a liaison with the families of victims of mine tragedies involving multiple deaths; and (2) MSHA to be as responsive as possible to family requests for information and to serve as the primary communicator.
Prescribes penalties for operator violations of health or safety standards or orders.
Requires the Secretary to finalize mandatory health and safety standards relating to the sealing of abandoned areas in coal mines, which shall increase the current 20 psi standard.
Establishes a Technical Study Panel to provide independent scientific review and recommendations regarding the use of belt air and the composition and fire retardent properties of belt materials in mines.
Requires the Secretary of Education to establish a program to provide scholarships to individuals to increase the skilled workforce for mine operators, mine safety inspectors, and other MSHA personnel.
Requires NIOSH to provide for research about various refuge alternatives in coal mines.
Requires the Secretary of Labor to award competitive grants for funding education and training programs to better identify and prevent unsafe working conditions in and around mines.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5432 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5432
To amend the Federal Mine Safety and Health Act of 1977 to improve the
safety of miners.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2006
Mrs. Capito (for herself, Mr. Rahall, and Mr. Mollohan) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Federal Mine Safety and Health Act of 1977 to improve the
safety of miners.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mine Improvement and New Emergency
Response Act of 2006'' or the ``MINER Act''.
SEC. 2. EMERGENCY PREPAREDNESS.
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 inserting ``(a)'' after the section designation;
(3) by adding at the end the following:
``(b)(1) Each underground coal mine operator shall carry out on a
continuing basis a program to improve accident preparedness and
response at each mine. Not later than 60 days after the date of
enactment of the Mine Improvement and New Emergency Response Act of
2006, each underground coal operator shall develop and adopt a written
accident response plan that complies with this subsection with respect
to each mine of the operator, and shall periodically update such plan
to reflect changes in the operation of 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. Such accident response plan shall--
``(A) provide for the evacuation of all individuals
endangered by an emergency; and
``(B) provide for the maintenance of individuals trapped
underground in the event that miners are not able to evacuate
the mine.
``(2) The accident response plan developed under paragraph (1)
shall be subject to review and approval by the Secretary. The Secretary
shall periodically review each such plan not less than once every 6
months and in such reviews shall consider all comments submitted by
miners and miners' representatives and intervening advancements in
science and technology. In determining whether to approve a particular
plan the Secretary shall take into consideration all comments submitted
by miners or their representatives and must determine that the plan--
``(A) affords miners a level of safety at least consistent
with the existing standards, including standards mandated by
law and regulation;
``(B) reflects the most credible scientific research;
``(C) is technologically feasible, makes use of current
commercially available technology, and accounts for the
specific physical characteristics of the mine; and
``(D) reflects the improvements in mine safety gained from
experience under this Act and other worker safety and health
laws.
``(3) To be approved under paragraph (2), an accident response plan
shall include the following:
``(A) The plan shall provide for a redundant means of
communications with the surface and rescue teams for persons
underground, such as secondary telephone or equivalent two-way
communication.
``(B) 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.
``(C) 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) caches of self-rescuers of not less than 2
hours for each miner to be kept in escape ways from the
deepest work areas 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 great than 60 minutes,
as they are approved by the Secretary and become
available on the market; and
``(iv) training for each miner in proper procedures
for donning self-rescuers to be conducted not less than
once per quarter, switching from one unit to another,
and ensuring proper fit.
``(D) The plan shall provide for the use of flame-resistant
directional lifelines or equivalent systems in escapeways to
enable evacuation. Such requirement 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.
``(E) 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.
``(F) 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.
``(G) The plan shall provide for--
``(i) the implementation, not later than 3 years
after the date of enactment of the Mine Improvement and
New Emergency Response Act of 2006, of post-accident
communication between underground and surface personnel
via a wireless two-way medium, and
``(ii) an electronic tracking system permitting
surface personnel to determine the location of any
persons trapped underground.
If such two-way communication and electronic tracking system
cannot reasonably be implemented, the plan shall set forth the
reasons such a system or systems cannot be adopted and shall
state 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. The Secretary may make additional plan
requirements with respect to any of the content matters.
``(4)(A) 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. In the event of such a dispute or refusal, the Secretary shall
issue a technical citation which shall be immediately referred to a
Department of Labor 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.
``(B) A party adversely affected be 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.
``(C) Nothing in this paragraph shall be construed to modify the
authority of the Secretary to issue citations or orders as provided for
in this Act.
``(5) Notwithstanding any other provision of this Act, nothing in
this section, and no response and preparedness plan developed under
this section, shall be approved if it reduces the protection afforded
miners by an existing mandatory health or safety standard.''.
SEC. 3. INCIDENT COMMAND AND CONTROL.
Title I of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 811 et seq.) is amended by adding at the end the following:
``limitation on certain liability for rescue operations
``Sec. 116. (a) No person shall bring an action against any
covered individual or his or her regular employer for 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 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.
``(b) 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) For purposes of subsection (a), the term `regular employer'
means the entity that is the covered employee's legal or statutory
employer pursuant to applicable State law.''.
SEC. 4. MINE RESCUE TEAMS.
Section 115(e) of the Federal Mine Safety and Health Safety 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) 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. Such regulations shall provide for the
following:
``(A) That such regulations shall not be construed to waive
operator training requirements applicable to existing mine
rescue teams.
``(B) That the Mine Safety and Health Administration shall
establish, and update every 5 years thereafter, criteria to
certify the qualifications of mine rescue teams.
``(C)(i) That the operator of each underground coal mine
have an employee knowledgeable in mine emergency response who
is employed at the mine on each shift at each underground mine
and make available two certified mine rescue teams whose
members--
``(I) are familiar with the operations of such coal
mine;
``(II) participate at least annually in two local
mine rescue contests;
``(III) participate at least annually in mine
rescue training at the underground coal mine covered by
the mine rescue team;
``(IV) are available at the mine within one hour
ground travel time from the mine rescue station;
``(V) are knowledgeable about the operations and
ventilation of the covered mines; and
``(VI) are compromised 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.
``(ii) For the purpose of complying with clause (i), an
operator with more than 36 employees shall employee at least
one team that is either an individual mine site rescue team or
a multi-employer composite team as described in subclause (II)
of this clause. The second team required by this subparagraph
may be any of the following:
``(I) An individual mine site mine rescue team.
``(II) 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, and which--
``(aa) provides coverage for multiple
operators that have team members which include
at least two active employees from each of the
covered mines;
``(bb) provides coverage for multiple mines
owned by the same operator which members
include at least two active employees from each
mine; or
``(cc) is a State-sponsored mine rescue
team comprised of at least two active employees
from each of the covered mines.
``(III) A commercial mine rescue team provided by
contract through a third-party vendor or a mine rescue
team provided by another coal company if such team--
``(aa) trains on a quarterly basis at
covered underground coal mines;
``(bb) is knowledgeable about the
operations and ventilation of the covered
mines; and
``(cc) is compromised 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.
``(IV) A State-sponsored team made up of State
employees.''.
SEC. 5. PROMPT INCIDENT NOTIFICATION.
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.''.
SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH.
(a) Establishment.--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)(1) There shall be permanently established within the
Institute an Office of Mine Safety and Health for the purpose of
enhancing the development of new mine safety technology and
technological applications and to expedite the commercial availability
and implementation of such technology in mining environments. The
office shall be administered by an Associate Director to be appointed
by the Director.
``(2) 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 (4).
``(3) To be eligible to receive a grant under the authority
provided for under paragraph (2), 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.
``(4)(A) The Director of the Institute, in carrying out paragraph
(2)(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) 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) 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.
``(5) 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, described 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, there reasons therefore.
``(6) There is authorized to be appropriated, such sums as may be
necessary to enable the Institute and the office of Mine Safety and
Health to carry out this subsection.''.
SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS.
The Secretary of Labor shall establish a policy that--
(1) requires the temporary assignment of an individual
Department of Labor official to be a liaison between the
Department and the families of victims of mine tragedies
involving multiple deaths;
(2) requires the Mine Safety and Health Administration to
be as responsive as possible to requests from the families of
mine accident victims for information relating to mine
accidents; and
(3) requires that in such accidents, such Administration
shall serve as the primary communicator with the operator,
miners' families, the press, and the public.
SEC. 8. PENALTIES.
(a) In General.--Section 110 of the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 820) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after the subsection
designation; and
(B) by adding at the end the following: ``(2) The
operator of a coal 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.'';
(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 of 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 injuries.''; and
(3) by redesignating subsections (e) through (l) as
subsections (f) through (m), respectively and inserting after
subsection (d) the following:
``(e)(1) 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.
``(2) The minimum penalty for any citation issued under section
104(d)(1) shall be $2,000. The minimum penalty for a failure or refusal
to comply with any order issued under section 104(d)(2) shall be
$4,000.
``(3) 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 the
minimum penalties required under this subsection.''.
(b) Regulations.--Not later than December 31, 2006, the Secretary
of Labor shall promulgate final regulations with respect to the
penalties provided for under the amendments made by this section.
SEC. 9. FINE COLLECTIONS.
Section 108(a)(1)(A) of the Federal Mine Safety and Health Safety
Act of 1977 (30 U.S.C. 818(a)(1)(A)) is amended by inserting before the
comma, the following: ``, or fails or refuses to comply with any order
or decision, including a civil penalty assessment order, that is issued
under this Act''.
SEC. 10. SEALING OF ABANDONED AREAS.
Not later than 18 months after the issuance by the Mine Safety and
Health Administration of a final report on the Sago Mine accident or
the date of enactment of the Mine Improvement and New Emergency
Response Act of 2006, whichever occurs earlier, the Secretary of Labor
shall finalize mandatory heath and safety standards relating to the
sealing of abandoned areas in underground coal mines. Such health and
safety standards shall provide for an increase in the 20 psi standard
currently set forth in section 7335(a)(2) of title 30, Code of Federal
Regulations.
SEC. 11. TECHNICAL STUDY PANEL AND SCHOLARSHIP PROGRAM.
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.
``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 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 two years experience in full-
time employment in mining or mine-related activities;
``(C) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary determines; 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 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 as the Secretary determines; 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 Researcher 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
is 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 as the secretary determines.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 12. RESEARCH CONCERNING REFUGE ALTERNATIVES.
(a) In General.--The Director of 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.
SEC. 13. SAGO MINE SAFETY GRANTS.
(a) In General.--The Secretary of Labor shall establish a program
to award competitive grants for education and training 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 or 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 is authorized to be
appropriated such sums as may be necessary to carry out this section
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on 21st Century Competitiveness.
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