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30 U.S.C. § 935 — Appointment of qualified individuals to hear and determine claims for benefits
Federal law — U.S. Code and appendices · legal_authorities
Qualified individuals appointed by the Secretary of Labor may hear and determine claims for benefits under part B or part C of title IV of the Federal Coal Mine Health and Safety Act of 1969 11 See References in Text note below. [[30 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921&num=0&edition=prelim) et seq., 931 et seq.] and under section 415 of such Act [[30 U.S.C. 925](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section925&num=0&edition=prelim)]. For purposes of this section, the term “qualified individual” means such an individual, regardless of whether that individual is a hearing examiner appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). Nothing in this section shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this section.
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Stable record: federal_law:legal_authorities:record_usc_ff87a79f4d97482a9170c99a
Source file: Laws/federal/codes/united-states-code/title-30/section-935-appointment-of-qualified-individuals-to-hear-and-determine-claims-for-be--1169539eed.md
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Source location: Title 30, Chapter 22, § 935; chapter-022-mine-safety-and-health.md
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Qualified individuals appointed by the Secretary of Labor may hear and determine claims for benefits under part B or part C of title IV of the Federal Coal Mine Health and Safety Act of 1969 11 See References in Text note below. [[30 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921&num=0&edition=prelim) et seq., 931 et seq.] and under section 415 of such Act [[30 U.S.C. 925](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section925&num=0&edition=prelim)]. For purposes of this section, the term “qualified individual” means such an individual, regardless of whether that individual is a hearing examiner appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). Nothing in this section shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Schedules** Subject to the provisions of subsection (b) of this section, benefit payments shall be made by the Secretary under this part as follows:
(1) In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability at a rate equal to 37½ per centum of the monthly pay rate for Federal employees in grade GS–2, step 1.
(2) In the case of death of a miner due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner receiving benefits under this part, benefits shall be paid to his widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled.
(3) In the case of the child or children of a miner whose death is due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner who is receiving benefits under this part at the time of his death or who was totally disabled by pneumoconiosis at the time of his death, in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, and in the case of any child or children entitled to the payment of benefits under paragraph (5) of [section 921(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921/c&num=0&edition=prelim), benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 925
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Federal law — U.S. Code and appendices · legal_authorities
Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Telephone service or equivalent two-way communication facilities, approved by the Secretary or his authorized representative, shall be provided between the surface and each landing of main shafts and slopes and between the surface and each working section of any coal mine that is more than one hundred feet from a portal.
**(b) Accident preparedness and response**
(1) **In general** — Each underground coal mine operator shall carry out on a continuing basis a program to improve accident preparedness and response at each mine.
(2) **Response and preparedness plan**
(A) *In general* — Not later than 60 days after June 15, 2006, each underground coal mine operator shall develop and adopt a written accident response plan that complies with this subsection with respect to each mine of the operator, and periodically update such plans to reflect changes in operations in the mine, advances in technology, or other relevant considerations. Each such operator shall make the accident response plan available to the miners and the miners’ representatives.
(B) *Plan requirements* — An accident response plan under subparagraph (A) shall—
(i) provide for the evacuation of all individuals endangered by an emergency; and
(ii) provide for the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine.
(C) *Plan approval* — The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining whether to approve a particular plan the Secretary shall take into consideration all comments submitted by miners or their representatives. Approved plans shall—
(i) afford miners a level of safety protection at least consistent with the existing standards, in
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Technical Study Panel (referred to in this section as the “Panel”) which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining.
**(b) Membership** The Panel shall be composed of—
(1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety;
(2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and
(3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress.
**(c) Qualifications** Four of the six individuals appointed to the Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry.
**(d) Report**
(1) **In general** — Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Secretary of Health and Human Services, the Committee
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress finds and declares that there are a significant number of coal miners living today who are totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation’s coal mines; that there are a number of survivors of coal miners whose deaths were due to this disease; and that few States provide benefits for death or disability due to this disease to coal miners or their surviving dependents. It is, therefore, the purpose of this subchapter to provide benefits, in cooperation with the States, to coal miners who are totally disabled due to pneumoconiosis and to the surviving dependents of miners whose death was due to such disease; and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis.
**(b)** This subchapter may be cited as the “Black Lung Benefits Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 921
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Federal law — U.S. Code and appendices · legal_authorities
Page 181
TITLE 30—MINERAL LANDS AND MINING
§ 921
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
1981—Subsec. (h). Pub. L. 97–119, § 104(b)(1), sub-
stituted ‘‘by section 9501 of title 26’’ for ‘‘in section
934a(a)(1) of this title’’.
Subsec. (i). Pub. L. 97–119, § 205(b), added subsec. (i).
1978—Subsec. (b). Pub. L. 95–239, § 2(a), substituted ‘‘a
chronic dust disease of the lung and its sequelae, in-
cluding respiratory and pulmonary impairments, aris-
ing out of coal mine employment’’ for ‘‘a chronic dust
disease of the lung arising out of employment in a coal
mine’’.
Subsec. (d). Pub. L. 95–239, § 2(b), substituted ‘‘any in-
dividual who works or has worked in or around a coal
mine or coal preparation facility in the extraction or
preparation of coal’’ for ‘‘any individual who is or was
employed in a coal mine’’ and inserted provisions that
extended to definition of the term ‘‘miner’’ so as to in-
clude also an individual who works or has worked in
coal mine construction or transportation in or around
a coal mine, to the extent that such individual was ex-
posed to coal dust as a result of such employment.
Subsec. (f). Pub. L. 95–239, § 2(c), designated existing
provisions as pars. (1)(A) and (1)(C), inserted references
in the provisions preceding par. (1)(A) to regulations
promulgated by the Secretary of Labor for claims
under part C of this subchapter and to the relevant pro-
visions of subsecs. (b) and (d) of section 923 of this title,
and added pars. (1)(B), (1)(D), and (2).
Subsec. (h). Pub. L. 95–239, § 2(d), added subsec. (h).
1972—Subsec. (a). Pub. L. 92–303, § 1(c)(2), expanded
definition of ‘‘dependent’’ to include children and wife
without reference to section 81
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 921
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Federal law — U.S. Code and appendices · legal_authorities
Page 189
TITLE 30—MINERAL LANDS AND MINING
§ 925
Editorial Notes
AMENDMENTS
2002—Subsec. (a)(2)(D). Pub. L. 107–275 substituted
‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
1994—Subsec. (a)(2)(D). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary’’.
1978—Subsec. (e). Pub. L. 95–239 added cl. (3) relating
to individuals entitled to benefits under par. (5) of sec-
tion 921(c) of this title.
1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), des-
ignated existing provisions as par. (1) and added pars.
(2) and (3), and in par. (1) substituted ‘‘1973’’ for ‘‘1972’’
wherever appearing.
Subsec. (b). Pub. L. 92–303, §§ 5(1), (2), substituted
‘‘June 30, 1973’’ for ‘‘December 31, 1971’’ and ‘‘December
31, 1973’’ for ‘‘December 31, 1971’’.
Subsec. (e). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted
‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’
and ‘‘1974’’ for ‘‘1973’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
§ 924a. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 95–239, § 11, Mar. 1, 1978, 92 Stat. 101,
related to notification to miners of eligibility for med-
ical services and supplies and the period for
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 925
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Federal law — U.S. Code and appendices · legal_authorities
Page 196
TITLE 30—MINERAL LANDS AND MINING
§ 934a
Editorial Notes
REFERENCES IN TEXT
Section 424(b)(2) of the Federal Mine Safety and
Health Act of 1977, referred to in subsec. (b)(3)(A)(i), is
subsec. (b)(2) of this section.
Section 6321, referred to in subsec. (b)(3)(A)(i), means
section 6321 of Title 26, Internal Revenue Code.
Section 6332(b), referred to in subsec. (b)(3)(A)(i),
means section 6332(b) of Title 26.
The Bankruptcy Act, referred to in subsec. (b)(3)(B),
is act July 1, 1898, ch. 541, 30 Stat. 544, which was classi-
fied generally to former Title 11, Bankruptcy. The Act
was repealed effective Oct. 1, 1979, by Pub. L. 95–598,
§§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
which enacted revised Title 11.
CODIFICATION
In subsec. (b)(3)(B), ‘‘section 3713(a) of title 31’’ sub-
stituted for ‘‘section 3466 of the Revised Statutes (31
U.S.C. 191)’’ on authority of Pub. L. 97–258, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
AMENDMENTS
1986—Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99–514
substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Inter-
nal Revenue Code of 1954’’, which for purposes of codi-
fication was translated as ‘‘title 26’’ thus requiring no
change in text.
1981—Subsec. (a). Pub. L. 97–119, § 104(b)(6), sub-
stituted provision defining ‘‘fund’’ as used in this sec-
tion for provision specifying payments, repayments,
and reimbursements which funds from the Black Lung
Disability Trust Fund would be available to pay.
Subsec. (b)(1). Pub. L. 97–119, § 104(a)(2), inserted ‘‘plus
interest thereon’’ after ‘‘attributed to him’’.
Subsec. (b)(5). Pub. L. 97–119, § 104(a)(1), added par. (5).
1980—Subsec. (b)(3)(A)(i). Pub. L. 96–222 substituted
‘‘Fede
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 935
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