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.’’. 
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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 
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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-
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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. 
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‘‘(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-
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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 2017, 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 2017, 
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 2017, 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 
2017, 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 2017, 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 2017, 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 2017, 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. 
Section 202 of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 842) is amended by adding at 
the end the following: 
‘‘(i) REPORTS.— 
‘‘(1) STUDY.—Beginning August 1, 2021, the 
Secretary of Labor shall undertake a retrospective 
study that evaluates the effectiveness of the Depart-
ment of Labor’s final rule entitled ‘Lowering Miners’ 
Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors’ (published May 
1, 2014; 79 Fed. Reg. 24813), the data regarding 
the use of continuous personal dust monitors (in this 
paragraph referred to as ‘CPDM’), and the rising 
number of cases of progressive massive fibrosis 
(PMF) to determine whether— 
‘‘(A) the 1.5 mg/m3 respirable dust stand-
ard that was included in the final rule should 
be further lowered to better protect miners’ 
health; 
‘‘(B) the 100 μg/m3 standard for quartz 
(crystalline silica) in respirable dust should be 
lowered to better protect better protect miners’ 
health; 
‘‘(C) the frequency of CPDM sampling 
should be increased; 
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‘‘(D) engineering controls and work prac-
tices used by mine operators to achieve and 
maintain the required respirable coal mine dust 
levels should be modified; 
‘‘(E) samples taken on shifts longer than 
8 hours should be converted to an 8-hour equiv-
alent concentration to protect miners who work 
longer shifts; and 
‘‘(F) research and development should be 
undertaken to modify the CPDM to provide real 
time data on exposure to respirable quartz. 
‘‘(2) COMPLETION DEADLINE.—Not later than 
August 1, 2022, the Secretary shall transmit a re-
port of the study required under paragraph (1) to 
the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives. 
‘‘(3) SUBSEQUENT
STUDIES.—By August 1, 
2025, and every 3 years thereafter, the Secretary 
shall conduct a new study as described in paragraph 
(1) and report, by not later than one year after the 
commencement of the study, the findings of such 
study to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Com-
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mittee on Education and the Workforce of the 
House of Representatives. 
‘‘(4) REVISED STANDARDS.—If any report of 
the Secretary under this subsection concludes that 
the applicable standard for respirable dust con-
centration should be lowered to protect the health of 
miners, or that the incidence of pneumoconiosis 
among coal miners in the United States, as reported 
by the National Institute for Occupational Safety 
and Health, has not been reduced from such inci-
dence prior to the implementation of the most recent 
applicable standard for respirable dust concentra-
tion, the Secretary shall, consistent with the require-
ments of this section and section 101, accordingly 
revise such standard and any applicable sampling or 
testing procedures not later than 24 months after 
the publication of such report of the Secretary under 
this subsection.’’. 
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-
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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 2017, 
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. 
‘‘(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 
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