Robert C. Byrd Mine Safety Protection Act of 2026

(a) Authorization. Notwithstanding any personnel procedures, rules, or guidance, the Secretary of Labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the Mine Safety and Health Administration. The number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection (b).

(b) Succession Plan. Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall develop and provide to Congress a succession plan for the Mine Safety and Health Administration for the next 5 years to ensure timely replacement of qualified employees critical to maintaining the agency’s mission which shall—

(1) estimate employee turnover for each year;

(2) set benchmarks for maximum allowable percentage of vacancies, and a maximum ratio of trainees to authorized representatives;

(3) utilize double encumbrance or early replacement hiring for authorized representatives and technical specialists;

(4) implement tracking systems to ensure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections, thoroughly review mine plans, and conduct accident and special investigations; and

(5) identify resources necessary to implement such plan. Such succession plan shall be updated biennially.