Sec. 303. Criminal penalties
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Section 110 (30 U.S.C. 820) is amended by striking subsection
(d)and— by inserting the following new heading: ; by inserting after the heading (as added by paragraph
(1)of this subsection), the following new paragraph: Whoever, being an operator, knowingly— violates a mandatory health or safety standard, or violates or fails or refuses to comply with any order issued under section 104 or section 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)), shall, upon conviction, be fined not more than $250,000, or imprisoned for not more than 1 year, or both, except that if the operator commits the violation after having been previously convicted of a violation under this paragraph and if, the operator knows or has reason to know that such subsequent violation has the potential to expose a miner to risk of serious injury, serious illness, or death, the operator shall, upon conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. ; by inserting after paragraph
(1)(as added by paragraph
(2)of this subsection), the following new paragraph: Whoever, being an operator, knowingly— tampers with or disables a required safety device (except with express authorization from the Secretary), violates a mandatory health or safety standard, or violates or fails or refuses to comply with an order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)), and thereby recklessly exposes a miner to significant risk of serious injury, serious illness, or death, shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, except that if the operator commits the violation after having been previously convicted of a violation under this paragraph, the operator shall, upon conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. ; and by inserting after paragraph
(2)(as added by paragraph
(3)of this subsection), the following new paragraph: Whoever knowingly— with the intent to retaliate, interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because any of them provides information to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to other law enforcement officer, in reasonable belief that the information is true and related to an apparent health or safety violation, or to an apparent unhealthful or unsafe condition, policy, or practice under this Act, or interferes, or threatens to interfere, with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, with the intent to prevent any of them from so providing such information, shall be fined under title 18 or imprisoned for not more than 5 years, or both. . Section 110(e) ( 30 U.S.C. 820(e) ) is amended to read as follows: Whoever knowingly, with intent to give advance notice of an inspection conducted or to be conducted under this Act, and thereby to impede, interfere with, or frustrate such inspection, engages in, or directs another person to engage in, conduct that a reasonable person would expect to result in such advance notice, shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, except that a miner (other than a director, officer or agent of the operator involved) who commits the offense at the direction of a superior shall be fined under title 18, or imprisoned not more than 1 year, or both, unless the miner commits a second or subsequent offense under this subsection (without regard to whether the offense was committed at the direction of a superior) in which case the miner shall be fined for such second and subsequent offense under title 18, United States Code, or imprisoned for not more than 5 years, or both. . Section 109 ( 30 U.S.C. 819 ) is amended by adding at the end the following: 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 it is unlawful pursuant to section 110(e) for any person, with the intent to impede, interfere with, or frustrate an inspection conducted or to be conducted under this Act, to engage in, or direct another person to engage in, any conduct that a reasonable person would expect to result in advance notice of such inspection; and the maximum penalties for a violation under such subsection. .
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