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; or 
‘‘(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; 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section 104(c), to be withdrawn, and to be prohib-
ited from entering such mine, until such operator 
has provided such training.’’. 
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(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. 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-
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 Miner 
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Safety and Health Act of 2010, 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, 
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 
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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 Miner Safety and Health Act of 
2010, the Secretary shall assess and collect fees, in 
accordance with this subsection, from each operator 
for each person certified under this section. Fees 
shall be assessed and collected in amounts deter-
mined by the Secretary as necessary to fund the cer-
tification 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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under section 114, there is authorized to be appro-
priated to the Assistant Secretary for Mine Safety 
and Health for each fiscal year in which fees are col-
lected 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 appropriation to the 
Commission has not been enacted, the Commission 
shall continue to collect fees (as offsetting collec-
tions) under this subsection at the rate in effect dur-
ing the preceding fiscal year, until 5 days after the 
date such regular appropriation is enacted. 
‘‘(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 
not be collected for any fiscal year except to the ex-
tent and in the amount provided in advance in ap-
propriation Acts. 
‘‘(d) CITATION; WITHDRAWAL ORDER.—Any oper-
ator who permits a person to perform any of the health 
or safety related functions described in subsection (a) 
without a current certification which meets the require-
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ments of this section shall be considered to have com-
mitted an unwarrantable failure under section 104(d)(1), 
and the Secretary shall issue an order requiring that the 
miner be withdrawn or reassigned to duties that do not 
require such certification.’’. 
(b) CONFORMING AMENDMENTS.—Section 318 (30 
U.S.C. 878) is amended— 
(1) by striking subsections (a) and (b); 
(2) in subsection (c), by redesignating para-
graphs (1) through (3) as subparagraphs (A) 
through (C), respectively; 
(3) in subsection (g), by redesignating para-
graphs (1) through (4) as subparagraphs (A) 
through (D), respectively; and 
(4) by redesignating subsections (c) through (j) 
as paragraphs (1) through (8), respectively. 
TITLE VI—ADDITIONAL MINE 
SAFETY PROVISIONS 
SEC. 601. DEFINITIONS. 
(a) DEFINITION
OF OPERATOR.—Section 3(d) is 
amended to read as follows: 
‘‘(d) ‘operator’ means— 
‘‘(1) any owner, lessee, or other person 
that— 
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other mines required for compliance with section 
118.’’; and 
(2) in subsection (h), by striking ‘‘$3,000,000 
for fiscal year 1970, and $10,000,000 annually in 
each 
succeeding 
fiscal 
year’’ 
and 
inserting 
‘‘$20,000,000 for each fiscal year’’. 
SEC. 603. BLACK LUNG MEDICAL REPORTS. 
Title IV of the Black Lung Benefits Act (30 U.S.C. 
901 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 435. MEDICAL REPORTS. 
‘‘In any claim for benefits for a miner under this title, 
an operator that requires a miner to submit to a medical 
examination regarding the miner’s respiratory or pul-
monary condition shall, not later than 14 days after the 
miner has been examined, deliver to the claimant a com-
plete copy of the examining physician’s report. The exam-
ining physician’s report shall be in writing and shall set 
out in detail the examiner’s findings, including any diag-
noses and conclusions and the results of any diagnostic 
imaging techniques and tests that were performed on the 
miner.’’. 
SEC. 604. RULES OF APPLICATION TO CERTAIN MINES. 
(a) INAPPLICABILITY OF AMENDMENTS TO CERTAIN 
MINES.— 
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(1) SPECIAL RULE.—The amendments made by 
this Act shall not apply to— 
(A) surface mines, except for surface facili-
ties or impoundments physically connected to— 
(i) underground coal or underground 
metal mines; or 
(ii) other underground mines which 
are gassy mines; or 
(B) underground mines which are not coal, 
metal, or gassy mines. 
(2) DEFINITION.—For purposes of this section, 
the term ‘‘gassy mine’’ means a mine, tunnel, or 
other underground workings in which a flammable 
mixture has been ignited, or has been found with a 
permissible flame safety lamp, or has been deter-
mined by air analysis to contain 0.25 percent or 
more (by volume) of methane in any open workings 
when tested at a point not less than 12 inches from 
the roof, face of rib. 
(b) RULE OF CONSTRUCTION RELATING TO APPLICA-
BILITY OF CERTAIN PROVISIONS TO SURFACE MINES.— 
Title I is further amended by adding at the end the fol-
lowing: 
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‘‘SEC. 119. APPLICABILITY OF CERTAIN PROVISIONS TO 
CERTAIN MINES. 
‘‘(a) RULE OF CONSTRUCTION.—With respect to the 
mines described in subsection (b), this Act as in effect on 
the date before the date of enactment of the Robert C. 
Byrd Miner Safety and Health Act of 2010, shall continue 
to apply to such mines as then in effect. 
‘‘(b) APPLICABLE MINES.— 
‘‘(1) IN GENERAL.—The mines referred to in 
subsection (a) are— 
‘‘(A) surface mines, except for surface fa-
cilities or impoundments physically connected 
to— 
‘‘(i) underground coal or underground 
metal mines; or 
‘‘(ii) other underground mines which 
are gassy mines; and 
‘‘(B) underground mines which are not 
coal, metal, or gassy mines. 
‘‘(2) DEFINITION.—As used in paragraph (1), 
the term ‘gassy mine’ means a mine, tunnel, or 
other underground workings in which a flammable 
mixture has been ignited, or has been found with a 
permissible flame safety lamp, or has been deter-
mined by air analysis to contain 0.25 percent or 
more (by volume) of methane in any open workings 
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when tested at a point not less than 12 inches from 
the roof, face of rib. 
‘‘(c) SAVINGS PROVISION.—Nothing in this section 
shall impact the authority of the Secretary to promulgate 
or modify regulations pursuant to the authority under any 
such provisions as in effect on the date before the date 
of enactment of the Robert C. Byrd Miner Safety and 
Health Act of 2010, or shall be construed to alter or mod-
ify precedent with regards to the Commission or courts.’’. 
Æ 
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