Page:United States Statutes at Large Volume 120.djvu/527

 120 STAT. 496

PUBLIC LAW 109–236—JUNE 15, 2006 ‘‘(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.’’.

Citation. Deadlines.

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: 30 USC 826.

‘‘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.’’.

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