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-
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miner be withdrawn or reassigned to duties that do not 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 
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(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— 
‘‘(A) operates or supervises a coal or 
other mine; or 
‘‘(B) controls such mine by making or 
having the authority to make management 
or operational decisions that affect, directly 
or indirectly, the health or safety at such 
mine; or 
‘‘(2) any independent contractor per-
forming services or construction at such mine;’’. 
(b) DEFINITION OF AGENT.—Section 3(e) (30 U.S.C. 
802(e)) is amended by striking ‘‘the miners’’ and inserting 
‘‘any miner’’. 
(c) DEFINITION OF MINER.—Section 3(g) (30 U.S.C. 
802(g)) is amended by inserting after ‘‘or other mine’’ the 
following: ‘‘, and includes any individual who is not cur-
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rently working in a coal or other mine but would be cur-
rently working in such mine, but for an accident in such 
mine’’. 
(d) DEFINITION OF SIGNIFICANT AND SUBSTANTIAL 
VIOLATIONS.—Section 3 (30 U.S.C. 802) is further 
amended— 
(1) in subsection (m), by striking ‘‘and’’ after 
the semicolon; 
(2) in subsection (n), by striking the period at 
the end and inserting a semicolon; 
(3) in subsection (o), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(p) ‘significant and substantial violation’ 
means a violation of this Act, including any manda-
tory health or safety standard or regulation promul-
gated under this Act, that is of such nature as could 
significantly and substantially contribute to the 
cause and effect of a coal or other mine safety or 
health hazard as described in section 104(d).’’. 
SEC. 602. ASSISTANCE TO STATES. 
Section 503 (30 U.S.C. 953(a)) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, in coordination with the Sec-
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retary of Health, Education, and Welfare and 
the Secretary of the Interior,’’; 
(B) in paragraph (2), by striking ‘‘and’’ 
after the semicolon; 
(C) in paragraph (3), by striking the pe-
riod and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) to assist such State in developing and im-
plementing any certification program for coal or 
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-
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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. AUTHORIZATION OF COOPERATIVE AGREEMENTS 
BY NIOSH OFFICE OF MINE SAFETY AND 
HEALTH. 
Section 22(h)(3) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 671(h)(3)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(3) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) enter into cooperative agreements or 
contracts with international institutions and 
private entities to improve mine safety and 
health through the development and evaluation 
of new interventions; and’’. 
SEC. 605. RULES OF APPLICATION TO CERTAIN MINES. 
(a) INAPPLICABILITY OF AMENDMENTS TO CERTAIN 
MINES.— 
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(1) SPECIAL RULE.—Subject to paragraph (2), 
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) EXCEPTIONS.—Notwithstanding paragraph 
(1), the amendments made by sections 101, 301(c), 
303(a)(4), 304, 305(a), 401, 601, 602, and 603 
shall apply to the mines described in subparagraphs 
(A) and (B) of paragraph (1). 
(3) 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. 
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(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: 
‘‘SEC. 119. APPLICABILITY OF CERTAIN PROVISIONS TO 
CERTAIN MINES. 
‘‘(a) RULE
OF CONSTRUCTION.—Subject to sub-
section (c), with respect to the mines described in sub-
section (b), this Act as in effect on the date before the 
date of enactment of the Robert C. Byrd Mine Safety Pro-
tection Act of 2011, 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. 
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‘‘(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 
when tested at a point not less than 12 inches from 
the roof, face of rib. 
‘‘(c) EXCEPTIONS.—Notwithstanding subsection (a), 
the amendments made by sections 101, 301(c), 303(a)(4), 
304, 305(a), 401, 601, 602, and 603 of the Robert C. 
Byrd Mine Safety Protection Act of 2011 shall apply to 
the mines described in subsection (b). 
‘‘(d) 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 Mine Safety Protec-
tion Act of 2011, or shall be construed to alter or modify 
precedent with regards to the Commission or courts.’’. 
Æ 
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