30 U.S.C. § 936 — Regulations and reports

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 The Act was repealed effective Oct. 1, 1979, by Pub.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 ‘‘Federal Mine Safety and Health Act of 1977’’ for ‘‘Fed- eral Coal Mine Health and Safety Act of 1969’’. 1978—Pub. L. 95–227 added subsec. (a), redesignated existing provisions constituting entire section as sub- sec. (b) and expanded applicability and set out proce- dures for enforcement of rights of United States against operators liable to the Fund. 1972—Pub. L. 92–303 substituted ‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–119, title I, § 104(a)(3), Dec. 29, 1981, 95 Stat. 1639, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall take effect on January 1, 1982, and shall apply to amounts out- standing on such date or arising thereafter.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–222 effective as if included in the provisions of Pub. L. 95–227, which amended this section effective Apr. 1, 1978, see section 108(b)(4) of Pub. L. 96–222, set out as a note under section 192 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–227, § 3(e), Feb. 10, 1978, 92 Stat. 15, provided that: ‘‘This section [enacting section 934a of this title and amending this section] shall take effect on April 1, 1978.’’ § 934a. Repealed. Pub. L. 97–119, title I, § 103(b), Dec. 29, 1981, 95 Stat. 1638 Section, Pub. L. 95–227, § 3(a)–(c), Feb. 10, 1978, 92 Stat. 12; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–222, title I, § 108(b)(2)(A), (3)(A), Apr. 1, 1980, 94 Stat. 226, established a Black Lung Disability Trust Fund, designated trustees for the fund, and pro- vided for operation of the fund. See section 9501 of Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1982, see section 103(d)(1) of Pub. L. 97–119, set out as an Effective Date note under section 9501 of Title 26, Internal Revenue Code. PROVISIONS RELATING TO PAYMENT OF BENEFITS TO MINERS AND ELIGIBLE SURVIVORS OF MINERS TO TAKE EFFECT AS RULES AND REGULATIONS OF SEC- RETARY OF LABOR Pub. L. 95–239, § 20(b), Mar. 1, 1978, 92 Stat. 106, pro- vided that in the event that the payment of benefits to miners and to eligible survivors of miners cannot be made from the Black Lung Disability Trust Fund es- tablished by section 3(a) of the Black Lung Benefits Revenue Act of 1977 [former subsec. (a) of this section], the provisions of the Act relating to the payment of benefits to miners and to eligible survivors of miners, as in effect immediately before the date of the enact- ment of this Act [Mar. 1, 1978], shall take effect, as rules and regulations of the Secretary of Labor until such provisions are revoked, amended, or revised by law, and that the Secretary of Labor may promulgate additional rules and regulations to carry out such pro- visions and shall make benefit payments to miners and to eligible survivors of miners in accordance with such provisions. § 935. Utilization of services of State and local agencies With the consent and cooperation of State agencies charged with administration of State workmen’s compensation laws, the Secretary may, for the purpose of carrying out his func- tions and duties under section 932 of this title, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may advance funds to or reimburse such State and local agencies and their employees for services rendered for such purposes. (Pub. L. 91–173, title IV, § 425, Dec. 30, 1969, 83 Stat. 798.) § 936. Regulations and reports (a) Promulgation; applicability of section 553 of title 5 The Secretary of Labor and the Secretary of Health and Human Services are authorized to issue such regulations as each deems appro- priate to carry out the provisions of this sub- chapter. Such regulations shall be issued in con- formity with section 553 of title 5, notwith- standing subsection (a) thereof. (b) Annual reports to Congress At the end of fiscal year 2003 and each suc- ceeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of this part and part B of this subchapter. Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33. (c) Compliance with State workmen’s compensa- tion laws; conflicts between State and Fed- eral provisions Nothing in this subchapter shall relieve any operator of the duty to comply with any State Page 197 TITLE 30—MINERAL LANDS AND MINING § 938 workmen’s compensation law, except insofar as such State law is in conflict with the provisions of this subchapter and the Secretary by regula- tion, so prescribes. The provisions of any State workmen’s compensation law which provide greater benefits than the benefits payable under this subchapter shall not thereby be construed or held to be in conflict with the provisions of this subchapter. (Pub. L. 91–173, title IV, § 426, Dec. 30, 1969, 83 Stat. 798; Pub. L. 92–303, § 5(3), May 19, 1972, 86 Stat. 155; Pub. L. 103–296, title I, § 108(i)(3), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 104–66, title I, § 1102(b)(2), Dec. 21, 1995, 109 Stat. 723; Pub. L. 107–275, § 2(b)(4), Nov. 2, 2002, 116 Stat. 1926.) Editorial Notes REFERENCES IN TEXT Section 942 of title 33, referred to in subsec. (b), was in the original ‘‘section 42 of the Longshore Harbor Worker’s Compensation Act’’ and was translated as reading ‘‘section 42 of the Longshore and Harbor Work- ers’ Compensation Act’’ to reflect the probable intent of Congress. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–275, § 2(b)(4)(A), struck out ‘‘, the Commissioner of Social Security,’’ after ‘‘The Secretary of Labor’’. Subsec. (b). Pub. L. 107–275, § 2(b)(4)(B), amended first sentence generally. Prior to amendment, first sentence read as follows: ‘‘At the end of each fiscal year, the Commissioner of Social Security shall submit to the Congress an annual report upon the subject matter of part B of this subchapter, and, after January 1, 1974, the Secretary of Labor shall also submit such a report upon the subject matter of this part.’’ 1995—Subsec. (b). Pub. L. 104–66 substituted ‘‘At the end of each fiscal year, the’’ for ‘‘Within 120 days fol- lowing the convening of each session of Congress the’’ and inserted at end ‘‘Each such report shall be prepared and submitted to Congress in accordance with the re- quirement with respect to submission under section 942 of title 33.’’ 1994—Subsec. (a). Pub. L. 103–296, § 108(i)(3)(A), sub- stituted ‘‘, the Commissioner of Social Security, and the Secretary of Health and Human Services’’ for ‘‘and the Secretary of Health, Education, and Welfare’’. Subsec. (b). Pub. L. 103–296, § 108(i)(3)(B), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health, Education, and Welfare’’. 1972—Subsec. (b). Pub. L. 92–303 substituted ‘‘January 1, 1974’’ for ‘‘January 1, 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. § 937. Contracts and grants (a) Construction, purchase, and operation of fixed-site and mobile clinical facilities The Secretary of Health and Human Services is authorized to enter into contracts with, and make grants to, public and private agencies and organizations and individuals for the construc- tion, purchase, and operation of fixed-site and mobile clinical facilities for the analysis, exam- ination, and treatment of respiratory and pul- monary impairments in active and inactive coal miners. The Secretary shall coordinate the mak- ing of such contracts and grants with the Appa- lachian Regional Commission. (b) Research activities The Secretary of Health and Human Services shall initiate research within the National Insti- tute for Occupational Safety and Health, and is authorized to make research grants to public and private agencies and organizations and indi- viduals for the purpose of devising simple and ef- fective tests to measure, detect, and treat res- piratory and pulmonary impairments in active and inactive coal miners. Any grant made pur- suant to this subsection shall be conditioned upon all information, uses, products, processes, patents, and other developments resulting from such research being available to the general public, except to the extent of such exceptions and limitations as the Secretary of Health and Human Services may deem necessary in the pub- lic interest. (c) Authorization of appropriations There is hereby authorized to be appropriated for the purpose of subsection (a) of this section $10,000,000 for each fiscal year. There are hereby authorized to be appropriated for the purposes of subsection (b) of this section such sums as are necessary. (Pub. L. 91–173, title IV, § 427, as added Pub. L. 92–303, § 5(6), May 19, 1972, 86 Stat. 155; amended Pub. L. 95–239, § 9, Mar. 1, 1978, 92 Stat. 100; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes AMENDMENTS 1978—Subsec. (c). Pub. L. 95–239 substituted ‘‘$10,000,000 for each fiscal year’’ for ‘‘$10,000,000 for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsecs. (a) and (b) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. 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. § 938. Miners suffering from pneumoconiosis; dis- crimination prohibited (a) Mine operators No operator shall discharge or in any other way discriminate against any miner employed by him by reason of the fact that such miner is suffering from pneumoconiosis. No person shall cause or attempt to cause an operator to violate this section. For the purposes of this subsection