; (3) by inserting after paragraph (1) (as added by paragraph (2) of this subsection), the following new paragraph: (2) Significant risk of serious injury, serious illness, or death Whoever, being an operator, knowingly— (A) tampers with or disables a required safety device (except with express authorization from the Secretary), (B) violates a mandatory health or safety standard, or (C) 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.