Sec. 303. Criminal penalties
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Section 110(d) ( 30 U.S.C. 820(d) ) is amended to read as follows: Subject to paragraph (2), any operator shall, upon conviction, be assessed a fine of not more than $250,000, imprisoned for not more than 1 year, or both, if such 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 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)). Any operator who commits a violation under paragraph
(1)after having been previously convicted of a violation under such paragraph and knows or has reason to know that such subsequent violation has the potential to expose a miner to a risk of serious injury, serious illness, or death, shall, upon such subsequent conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. Subject to subparagraph (B), any operator shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, if such operator recklessly exposes a miner to a significant risk of serious injury, serious illness, or death, by knowingly— tampering with or disabling a required safety device (except with express authorization from the Secretary); violating a mandatory health or safety standard; or violating (or failing or refusing 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)). Any operator who commits a violation under subparagraph
(A)after having been previously convicted of a violation under such subparagraph shall, upon such subsequent conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. Any operator shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both, if such operator knowingly, and with any intent described in subparagraph (B), interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because such person, spouse, sibling, child, or parent provides information, in reasonable belief that such information is true and related to an apparent health or safety violation (or to an apparent unhealthy or unsafe condition, policy, or practice) under this Act, to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to any other law enforcement officer or official. The intent required under subparagraph
(A)is the intent to— retaliate against a person, spouse, sibling, child, or parent described in such subparagraph; or prevent such person, spouse, sibling, child, or parent from providing the information as described in such subparagraph. . Section 110(e) ( 30 U.S.C. 820(e) ) is amended to read as follows: Subject to paragraph (2), any person (other than the Secretary of Health and Human Services with respect to inspections under clauses
(1)and
(2)of section 103(a)) who knowingly, with the intent to give advance notice of an inspection conducted, or to be conducted, under this Act and thereby with the intent 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, imprisoned for not more than 5 years, or both. Any miner (other than a director, officer, or agent of the operator involved) who commits the offense described in paragraph
(1)at the direction of a superior shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, unless such miner commits a subsequent offense under this subsection (without regard to whether the offense was committed at the direction of a superior) in which case such miner shall be fined for such subsequent offense under title 18, United States Code, 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 to the mine property, a notice stating, in a form and manner to be prescribed by the Secretary— that it is unlawful under section 110(e) for any person (other than the Secretary of Health and Human Services with respect to inspections under clauses
(1)and
(2)of section 103(a)), 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 section 110(e). .
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