30 U.S.C. § 938 — Miners suffering from pneumoconiosis; dis-

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 Page 198 TITLE 30—MINERAL LANDS AND MINING § 939 the term ‘‘miner’’ shall not include any person who has been found to be totally disabled. (b) Determination by Secretary; procedure Any miner who believes that he has been dis- charged or otherwise discriminated against by any person in violation of subsection (a) of this section, or any representative of such miner may, within ninety days after such violation oc- curs, apply to the Secretary for a review of such alleged discharge or discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such ap- plication, the Secretary shall cause such inves- tigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to enable the parties to present information re- lating to such violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5. Each adminis- trative law judge presiding under this section and under the provisions of subchapters I, II and III of this chapter shall receive compensation at a rate determined under section 5372 of title 5. Upon receiving the report of such investigation, the Secretary shall make findings of fact. If he finds that such violation did occur, he shall issue a decision, incorporating an order therein, requiring the person committing such violation to take such affirmative action as the Secretary deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay. If he finds that there was no such violation, he shall issue an order denying the application. Such order shall incorporate the Secretary’s findings there- in. (c) Costs and penalties Whenever an order is issued under this sub- section granting relief to a miner at the request of such miner, a sum equal to the aggregate amount of all costs and expenses (including the attorney’s fees) as determined by the Secretary to have been reasonably incurred by such miner for, or in connection with, the institution and prosecution of such proceedings, shall be as- sessed against the person committing the viola- tion. (Pub. L. 91–173, title IV, § 428, as added Pub. L. 92–303, § 5(7), May 19, 1972, 86 Stat. 155; amended Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 101–509, title V, § 529 [title I, § 104(d)(3)], Nov. 5, 1990, 104 Stat. 1427, 1447.) Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–509 amended seventh sentence generally, substituting ‘‘determined under section 5372 of title 5’’ for ‘‘not less than that pre- scribed for GS–16 under section 5332 of title 5’’. 1978—Subsec. (b). Pub. L. 95–251 substituted ‘‘adminis- trative law judge’’ for ‘‘hearing examiner’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Or- ganization and Employees. § 939. Authorization of appropriations There is authorized to be appropriated to the Secretary of Labor such sums as may be nec- essary to carry out his responsibilities under this subchapter. Such sums shall remain avail- able until expended. (Pub. L. 91–173, title IV, § 429, as added Pub. L. 92–303, § 5(8), May 19, 1972, 86 Stat. 156.) § 940. Applicability of amendments to part B of this subchapter to this part The amendments made by the Black Lung Benefits Act of 1972, the Black Lung Benefits Reform Act of 1977 and the Black Lung Benefits Amendments of 1981 to part B of this subchapter shall, to the extent appropriate, also apply to this part. (Pub. L. 91–173, title IV, § 430, as added Pub. L. 92–303, § 5(10), May 19, 1972, 86 Stat. 156; amended Pub. L. 95–239, § 10, Mar. 1, 1978, 92 Stat. 100; Pub. L. 97–119, title II, § 202(d), Dec. 29, 1981, 95 Stat. 1643.) Editorial Notes REFERENCES IN TEXT The Black Lung Benefits Act of 1972, referred to in text, is Pub. L. 92–303, May 19, 1972, 86 Stat. 150, which is classified generally to sections 901, 902, 921 to 925, 931 to 934, and 936 to 941 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 901 of this title and Tables. The Black Lung Benefits Reform Act of 1977, referred to in text, is Pub. L. 95–239, Mar. 1, 1978, 92 Stat. 95. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under sec- tion 801 of this title and Tables. The Black Lung Benefits Amendments of 1981, re- ferred to in text, is Pub. L. 97–119, title II, Dec. 29, 1981, 95 Stat. 1643, which amended this section and sections 901, 902, 921, 922, 923, and 932 of this title and enacted provisions set out as notes under section 901 of this title. For complete classification of this Act to the Code, see Short Title of 1981 Amendment note set out under section 801 of this title and Tables. AMENDMENTS 1981—Pub. L. 97–119 inserted ‘‘, and the Black Lung Benefits Amendments of 1981’’. 1978—Pub. L. 95–239 inserted reference to amendments made by the Black Lung Benefits Reform Act of 1977 and struck out provision that, for the purpose of deter- mining the applicability of the presumption established by 921(c)(4) of this title to claims filed under this part, no period of employment after June 30, 1971, could be considered in determining whether a miner was em- ployed at least fifteen years in one or more under- ground mines. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Pub. L. 97–119, set out as a note under section 901 of this title. 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.