tions issued under this Act, or other legitimate business 
reason, where the miner has completed the employer’s pro-
bationary period, not to exceed 6 months. 
‘‘(b) CAUSE OF ACTION.—A miner aggrieved by a 
violation of subsection (a) may file a complaint in Federal 
district court in the district where the mine is located 
within 1 year of such violation. 
‘‘(c) REMEDIES.—In an action under subsection (b), 
for any prevailing miner the court shall take affirmative 
action to further the purposes of the Act, which may in-
clude reinstatement with backpay and compensatory dam-
ages. Reasonable attorneys’ fees and costs shall be award-
ed to any prevailing miner under this section. 
‘‘(d) PRE-DISPUTE WAIVER PROHIBITED.—A min-
er’s right to a cause of action under this section may not 
be waived with respect to disputes that have not arisen 
as of the time of the waiver. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
be construed to limit the availability of rights and rem-
edies of miners under any other State or Federal law or 
a collective bargaining agreement.’’. 
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TITLE 
V—MODERNIZING 
HEALTH AND SAFETY STAND-
ARDS 
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 
Section 303(d) (30 U.S.C. 863(d)) is amended by 
adding at the end the following: 
‘‘(3)(A) Not later than 30 days after the issuance of 
the interim final rules promulgated under subparagraph 
(B), each operator of an underground coal mine shall im-
plement a communication program at the underground 
coal mine to ensure that each miner is orally briefed on 
and made aware of, prior to traveling to or arriving at 
the miner’s work area and commencing the miner’s as-
signed tasks— 
‘‘(i) any conditions that are hazardous, or that 
violate a mandatory health or safety standard or a 
plan approved under this Act, where the miner is ex-
pected to work or travel; and 
‘‘(ii) the general conditions of that miner’s as-
signed working section or other area where the 
miner is expected to work or travel. 
‘‘(B) Not later than 180 days after the date of enact-
ment of the Robert C. Byrd Mine Safety Protection Act 
of 2015, the Secretary shall promulgate interim final rules 
implementing the requirements of subparagraph (A). The 
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Secretary shall issue a final rule not later than 2 years 
after such date.’’. 
SEC. 502. ROCK DUST STANDARDS. 
(a) STANDARDS.—Section 304(d) (30 U.S.C. 864(d)) 
is amended— 
(1) by striking ‘‘Where rock’’ and inserting the 
following: ‘‘ROCK DUST.— 
‘‘(1) IN GENERAL.—Where rock’’; 
(2) by striking ‘‘65 per centum’’ and all that 
follows and inserting ‘‘80 percent. Where methane is 
present in any ventilating current, the percentage of 
incombustible content of such combined dusts shall 
be increased 0.4 percent for each 0.1 percent of 
methane.’’; and 
(3) by adding at the end the following: 
‘‘(2) METHODS OF MEASUREMENT.— 
‘‘(A) IN GENERAL.—Each operator of an 
underground coal mine shall take accurate and 
representative samples which shall measure the 
total incombustible content of combined coal 
dust, rock dust, and other dust in such mine to 
ensure that the coal dust is kept below explosive 
levels through the appropriate application of 
rock dust. 
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‘‘(B) DIRECT
READING
MONITORS.—In 
order to ensure timely assessment and compli-
ance, the Secretary shall, not later than 180 
days after the date of enactment of the Robert 
C. Byrd Mine Safety Protection Act of 2015, 
require operators to measure total incombus-
tible content (or an equivalent measure of 
explosibility) in samples of combined coal dust, 
rock dust, and other dust, using direct reading 
monitors that the Secretary has approved for 
use in an underground coal mine, such as coal 
dust explosibility monitors. 
‘‘(C) REGULATIONS.—The Secretary shall, 
not later than 180 days after the date of enact-
ment of the Robert C. Byrd Mine Safety Pro-
tection Act of 2015, promulgate an interim 
final rule that prescribes methods for operator 
sampling of total incombustible content (or an 
equivalent measure of explosibility) in samples 
of combined coal dust, rock dust, and other 
dust using direct reading monitors and includes 
requirements for locations, methods, and inter-
vals for mandatory operator sampling. 
‘‘(D) RECOMMENDATIONS.—Not later than 
1 year after the date of enactment of the Rob-
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ert C. Byrd Mine Safety Protection Act of 
2015, the Secretary of Health and Human 
Services shall, based upon the latest research, 
recommend to the Secretary of Labor any revi-
sions to the mandatory operator sampling loca-
tions, methods, and intervals included in the in-
terim final rule described in subparagraph (B) 
that may be warranted in light of such re-
search. 
‘‘(3) LIMITATION.—Until a final rule is issued 
by the Secretary under section 502(b)(2) of the Rob-
ert C. Byrd Mine Safety Protection Act of 2015, any 
measurement taken by a direct reading monitor de-
scribed in paragraph (2) shall not be admissible to 
establish a violation in an enforcement action under 
this Act. 
‘‘(4) REPORT AND RULEMAKING AUTHORITY.— 
‘‘(A) REPORT.—Not later than 2 years 
after the date of enactment of the Robert C. 
Byrd Mine Safety Protection Act of 2015, the 
Secretary of Health and Human Services, in 
consultation with the Secretary of Labor, shall 
prepare and submit, to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Health, 
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Education, Labor, and Pensions of the Senate, 
a report— 
‘‘(i) regarding whether any direct 
reading monitor described in paragraph 
(2)(B) is sufficiently reliable and accurate 
for the enforcement of the mandatory 
health or safety standards by the Secretary 
of Labor under such Act, and whether ad-
ditional improvement to such direct read-
ing monitor, or additional verification re-
garding reliability and accuracy, would be 
needed for enforcement purposes; and 
‘‘(ii) identifying any limitations or im-
pediments for such use in underground 
coal mines. 
‘‘(B) AUTHORITY.—If the Secretary deter-
mines that such direct reading monitor is suffi-
ciently reliable and accurate for the enforce-
ment of mandatory health and safety standards 
under this Act following such report or any up-
date thereto, the Secretary shall promulgate a 
final rule authorizing the use of such direct 
reading monitor for purposes of compliance and 
enforcement, in addition to other methods for 
determining total incombustible content. Such 
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rule shall specify mandatory operator sampling 
locations, methods, and intervals.’’. 
(b) ROCK DUST RECORDKEEPING.—Section 304 is 
further amended— 
(1) by redesignating subsection (e) as sub-
section (f) and inserting after subsection (d) the fol-
lowing: 
‘‘(e) ROCK DUST RECORDKEEPING.—Each coal mine 
shall be required to maintain and continuously update a 
record of the amount of rock dust purchased.’’; and 
(2) in subsection (f) (as so redesignated), by 
striking ‘‘Subsection (b) through (d)’’ and inserting 
‘‘Subsections (b) through (e)’’. 
SEC. 503. ATMOSPHERIC MONITORING SYSTEMS. 
Section 317 (30 U.S.C. 877) is amended by adding 
at the end the following: 
‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 
‘‘(1) REGULATIONS REQUIRED.—Not later than 
1 year after the date of enactment of the Robert C. 
Byrd Mine Safety Protection Act of 2015, the Sec-
retary shall, following consultation with the National 
Institute for Occupational Safety and Health, pro-
mulgate regulations requiring that each operator of 
an underground coal mine install atmospheric moni-
toring systems that— 
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‘‘(A) protect miners where the miners nor-
mally work and travel; 
‘‘(B) will assist in mine emergency re-
sponse and the conduct of accident investiga-
tions; 
‘‘(C) provide real-time information regard-
ing methane, oxygen, and carbon monoxide lev-
els, and airflow direction, as appropriate, with 
sensing, annunciating, and recording capabili-
ties; and 
‘‘(D) can, to the maximum extent prac-
ticable, withstand explosions and fires. 
‘‘(2) CONTENT
OF
REGULATIONS.—The Sec-
retary shall evaluate and, as appropriate, require— 
‘‘(A) the installation of atmospheric moni-
toring and recording devices on mining equip-
ment; 
‘‘(B) the implementation of redundant sys-
tems, such as the bundle tubing system, that 
can continuously monitor the mine atmosphere 
following incidents such as fires, explosions, en-
trapments, and inundations; and 
‘‘(C) the implementation of other tech-
nologies available to conduct continuous atmos-
pheric monitoring.’’. 
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SEC. 504. STUDY ON RESPIRABLE DUST STANDARDS. 
(a) STUDY.—Beginning February 1, 2017, the Sec-
retary of Labor shall undertake a retrospective study on 
the effectiveness of the Department of Labor’s final rule 
entitled ‘‘Lowering Miners’ Exposure to Respirable Coal 
Mine Dust, Including Continuous Personal Dust Mon-
itors’’ (published May 1, 2014; 79 Fed. Reg. 24813) and 
evaluate the data regarding the use of continuous personal 
dust monitors (CPDM), to determine whether— 
(1) the 1.5 mg/m3 respirable dust standard that 
was included in the final rule should be further low-
ered to better protect miners’ health; 
(2) the frequency of CPDM sampling should be 
increased; 
(3) engineering controls and work practices 
used by mine operators to achieve and maintain the 
required respirable coal mine dust levels should be 
modified; and 
(4) samples taken on shifts longer than 8 hours 
should be converted to an 8-hour equivalent con-
centration to protect miners who work longer shifts. 
(b) REPORT.—The Secretary shall transmit a report 
of such study to Congress upon commencement of the 
study on February 1, 2017, and an annual report there-
after on the progress of the study until such study is com-
pleted. 
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SEC. 505. REFRESHER TRAINING ON MINERS’ RIGHTS AND 
RESPONSIBILITIES. 
(a) IN GENERAL.—Section 115(a)(3) (30 U.S.C. 
825(a)(3)) is amended to read as follows: 
‘‘(3) all miners shall receive not less than 9 
hours of refresher training not less frequently than 
once every 12 months, and such training shall in-
clude one hour of training on the statutory rights 
and responsibilities of miners and their representa-
tives under this Act and other applicable Federal 
and State law, pursuant to a program of instruction 
developed by the Secretary and delivered by an em-
ployee of the Administration or by a trainer ap-
proved by the Administration that is a party inde-
pendent from the operator;’’. 
(b) NATIONAL HAZARD REPORTING HOTLINE.—Sec-
tion 115 (30 U.S.C. 825) is further amended— 
(1) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) Any health and safety training program of in-
struction provided under this section shall include dis-
tribution to miners of information regarding miners’ 
rights under the Act, as well as a toll-free hotline tele-
phone number, which the Secretary shall maintain to re-
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ceive complaints from miners and the public regarding 
hazardous conditions, discrimination, safety or health vio-
lations, or other mine safety or health concerns. Informa-
tion regarding the hotline shall be provided in a portable, 
convenient format, such as a durable wallet card, to enable 
miners to keep the information on their person.’’. 
(c) TIMING OF INITIAL STATUTORY RIGHTS TRAIN-
ING.—Notwithstanding section 115 of the Federal Mine 
Safety and Health Act (as amended by subsection (a)) (30 
U.S.C. 825) or the health and safety training program ap-
proved under such section, an operator shall ensure that 
all miners already employed by the operator on the date 
of enactment of this Act shall receive the one hour of stat-
utory rights and responsibilities training described in sec-
tion 115(a)(3) of such Act not later than 180 days after 
such date. 
SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 
(a) IN GENERAL.—Section 115 (30 U.S.C. 825) is 
further amended by redesignating subsections (e) and (f) 
(as redesignated) as subsections (f) and (g) and inserting 
after subsection (d) (as redesignated) the following: 
‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN-
ING.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to issue an order requiring that an operator of a 
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coal or other mine provide additional training be-
yond what is otherwise required by law, and speci-
fying the time within which such training shall be 
provided, if the Secretary finds that— 
‘‘(A)(i) a serious or fatal accident has oc-
curred at such mine; 
‘‘(ii) such mine has experienced accident 
and injury rates, citations for violations of this 
Act (including mandatory health or safety 
standards or regulations promulgated under 
this Act), citations for significant and substan-
tial violations, or withdrawal orders issued 
under this Act at a rate above the average for 
mines of similar size and type; or 
‘‘(iii) an operator has a history of failing to 
adequately train miners as required by the Act 
or regulations promulgated under this Act; and 
‘‘(B) additional training would benefit the 
health and safety of miners at the mine. 
‘‘(2) WITHDRAWAL
ORDER.—If the operator 
fails to provide training ordered under paragraph 
(1) within the specified time, the Secretary shall 
issue an order requiring such operator to cause all 
affected persons, except those persons referred to in 
section 104(c), to be withdrawn, and to be prohib-
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ited from entering such mine, until such operator 
has provided such training.’’. 
(b) CONFORMING AMENDMENTS.—Section 104(g)(2) 
(30 U.S.C. 814(g)(2)) is amended by striking ‘‘under 
paragraph (1)’’ both places it appears and inserting 
‘‘under paragraph (1) or under section 115(e)’’. 
SEC. 507. BROOKWOOD-SAGO MINE SAFETY GRANTS. 
Section 14(e)(2) of the Mine Improvement and New 
Emergency Response Act of 2006 (30 U.S.C. 965(e)(2)) 
is amended by inserting before the period ‘‘, and under-
ground mine rescue training activities which simulate 
mine accident conditions’’. 
SEC. 508. CERTIFICATION OF PERSONNEL. 
(a) IN GENERAL.—Title I is further amended by add-
ing at the end the following: 
‘‘SEC. 118. CERTIFICATION OF PERSONNEL. 
‘‘(a) CERTIFICATION REQUIRED.—Any person who is 
authorized or designated by the operator of a coal or other 
mine to perform any duties or provide any training that 
this Act, including a mandatory health or safety standard 
or regulation promulgated pursuant to this Act, requires 
to be performed or provided by a certified, registered, 
qualified, or otherwise approved person, shall be permitted 
to perform such duties or provide such training only if 
such person has a current certification, registration, quali-
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fication, or approval to perform such duties or provide 
such training consistent with the requirements of this sec-
tion. 
‘‘(b) ESTABLISHMENT OF CERTIFICATION REQUIRE-
MENTS AND PROCEDURES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Robert C. Byrd Mine 
Safety Protection Act of 2015, the Secretary shall 
issue mandatory standards to establish— 
‘‘(A) requirements for such certification, 
registration, qualification, or other approval, in-
cluding the experience, examinations, and ref-
erences that may be required as appropriate; 
‘‘(B) time limits for such certifications and 
procedures for obtaining and renewing such cer-
tification, registration, qualification, or other 
approval; and 
‘‘(C) procedures and criteria for revoking 
such certification, registration, qualification, or 
other approval, including procedures that en-
sure that the Secretary (or a State agency, as 
applicable) responds to requests for revocation 
and that the names of individuals whose certifi-
cation or other approval has been revoked are 
provided to and maintained by the Secretary, 
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and are made available to appropriate State 
agencies through an electronic database. 
‘‘(2) COORDINATION WITH STATES.—In devel-
oping such standards, the Secretary shall consult 
with States that have miner certification programs 
to ensure effective coordination with existing State 
standards and requirements for certification. The 
standards required under paragraph (1) shall pro-
vide that the certification, registration, qualification, 
or other approval of the State in which the coal or 
other mine is located satisfies the requirement of 
subsection (a) if the State’s program of certification, 
registration, qualification, or other approval is no 
less stringent than the standards established by the 
Secretary under paragraph (1). 
‘‘(c) OPERATOR FEES FOR CERTIFICATION.— 
‘‘(1) ASSESSMENT
AND
COLLECTION.—Begin-
ning 180 days after the date of enactment of the 
Robert C. Byrd Mine Safety Protection Act of 2015, 
the Secretary shall assess and collect fees, in accord-
ance with this subsection, from each operator for 
each person certified under this section. Fees shall 
be assessed and collected in amounts determined by 
the Secretary as necessary to fund the certification 
programs established under this section. 
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‘‘(2) USE.—Amounts collected as provided in 
paragraph (1) shall only be available to the Sec-
retary, as provided in paragraph (3), for making ex-
penditures to carry out the certification programs 
established under this subsection. 
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to funds authorized to be appropriated 
under section 114, there is authorized to be appro-
priated to the Secretary for each fiscal year in which 
fees are collected under paragraph (1) an amount 
equal to the total amount of fees collected under 
paragraph (1) during that fiscal year. Such amounts 
are authorized to remain available until expended. If 
on the first day of a fiscal year a regular appropria-
tion to the Administration has not been enacted, the 
Administration shall continue to collect fees (as off-
setting collections) under this subsection at the rate 
in effect during the preceding fiscal year, until 5 
days after the date such regular appropriation is en-
acted. 
‘‘(4) COLLECTING AND CREDITING OF FEES.— 
Fees authorized and collected under this subsection 
shall be deposited and credited as offsetting collec-
tions to the account providing appropriations to the 
Mine Safety and Health Administration and shall 
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