son committing such violation. The Commission 
shall determine whether such costs and expenses 
were reasonably incurred by the complainant without 
reference to whether the Secretary also participated 
in the proceeding. 
‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE-
VIEW.—Proceedings under this subsection shall be 
expedited by the Secretary and the Commission. Any 
order issued by the Commission under this sub-
section shall be subject to judicial review in accord-
ance with section 106. Violations by any person of 
paragraph (1) shall be subject to the provisions of 
sections 108 and 110(a)(4). 
‘‘(8) PROCEDURAL
RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(9) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any miner or employee who exercises 
rights under any Federal or State law or common 
law, or under any collective bargaining agreement.’’. 
VerDate Sep 11 2014 
07:40 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1926.IH
H1926
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 402. PROTECTION FROM LOSS OF PAY. 
Section 111 (30 U.S.C. 821) is amended to read as 
follows: 
‘‘SEC. 111. ENTITLEMENT OF MINERS. 
‘‘(a) PROTECTION FROM LOSS OF PAY.— 
‘‘(1) WITHDRAWAL ORDERS.—If a coal or other 
mine or area of such mine is closed by an order 
issued under section 103, 104, 107, 108, or 110, all 
miners working during the shift when such order 
was issued who are idled by such order shall be enti-
tled, regardless of the result of any review of such 
order, to full compensation by the operator at their 
regular rates of pay for the period they are idled, 
but for not more than the balance of such shift. If 
such order is not terminated prior to the next work-
ing shift, all miners on that shift who are idled by 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay for the pe-
riod they are idled, for not more than one half of 
such shift, or four hours, whichever is greater. If a 
coal or other mine or area of such mine is closed by 
an order issued under section 104, 107 (in connec-
tion with a citation), 108, or 110, all miners who are 
idled by such order shall be entitled, regardless of 
the result of any review of such order, to full com-
pensation by the operator at their regular rates of 
VerDate Sep 11 2014 
07:40 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1926.IH
H1926
SSpencer on DSK4SPTVN1PROD with BILLS
pay and in accordance with their regular schedules 
of pay for the entire period for which they are idled, 
not to exceed 60 days. 
‘‘(2) CLOSURE IN ADVANCE OF ORDER.—If the 
Secretary finds that such mine or such area of a 
mine was closed by the operator in anticipation of 
the issuance of such an order, all miners who are 
idled by such closure shall be entitled to full com-
pensation by the operator at their regular rates of 
pay and in accordance with their regular schedules 
of pay, from the time of such closure until such time 
as the Secretary authorizes reopening of such mine 
or such area of the mine, not to exceed 60 days, ex-
cept where an operator promptly withdraws miners 
upon discovery of a hazard, and notifies the Sec-
retary where required, and within the prescribed 
time period. 
‘‘(3) REFUSAL TO COMPLY.—Whenever an op-
erator violates or fails or refuses to comply with any 
order issued under section 103, 104, 107, 108, or 
110, all miners employed at the affected mine who 
would have been withdrawn from, or prevented from 
entering, such mine or area thereof as a result of 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay, in addi-
VerDate Sep 11 2014 
07:40 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1926.IH
H1926
SSpencer on DSK4SPTVN1PROD with BILLS
tion to pay received for work performed after such 
order was issued, for the period beginning when 
such order was issued and ending when such order 
is complied with, vacated, or terminated. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) COMMISSION
ORDERS.—The Commission 
shall have authority to order compensation due 
under this section upon the filing of a complaint by 
a miner or his representative and after opportunity 
for hearing on the record subject to section 554 of 
title 5, United States Code. Whenever the Commis-
sion issues an order sustaining the complaint under 
this subsection in whole or in part, the Commission 
shall award the complainant reasonable attorneys’ 
fees and costs. 
‘‘(2) FAILURE TO PAY COMPENSATION DUE.— 
Consistent with the authority of the Secretary to 
order miners withdrawn from a mine under this Act, 
the Secretary shall order a mine that has been sub-
ject to a withdrawal order under section 103, 104, 
107, 108, or 110, and has reopened, to be closed 
again if compensation in accordance with the provi-
sions of this section is not paid by the end of the 
next regularly scheduled payroll period following the 
lifting of a withdrawal order. 
VerDate Sep 11 2014 
07:40 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1926.IH
H1926
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(c) EXPEDITED REVIEW.—If an order is issued 
which results in payments to miners under subsection (a), 
the operators shall have the right to an expedited review 
before the Commission using timelines and procedures es-
tablished pursuant to section 316(b)(2)(G)(ii).’’. 
SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
OF VIOLATIONS STATUS. 
The Federal Mine Safety and Health Act of 1977 is 
further amended by adding at the end of title I the fol-
lowing: 
‘‘SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
OF VIOLATIONS STATUS. 
‘‘(a) IN GENERAL.—For purposes of ensuring min-
ers’ health and safety and miners’ right to raise concerns 
thereof, when an underground coal mine is placed in pat-
tern of violations status pursuant to section 104(e), and 
for 3 years after such placement, the operator of such 
mine may not discharge or constructively discharge a 
miner who is paid on an hourly basis and employed at 
such underground coal mine without reasonable job-re-
lated grounds based on a failure to satisfactorily perform 
job duties, including compliance with this Act and with 
mandatory health and safety standards or other regula-
VerDate Sep 11 2014 
07:40 Apr 29, 2015
Jkt 049200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H1926.IH
H1926
SSpencer on DSK4SPTVN1PROD with BILLS