Browse Arkansas Code titles and sections
30 U.S.C. § 937 — Contracts and grants
Federal law — U.S. Code and appendices · legal_authorities
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 th
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this section, the term “fund” has the meaning set forth in [section 902(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section902/h&num=0&edition=prelim).
**(b)**
(1) If—
(A) an amount is paid out of the fund to an individual entitled to benefits under [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim), and
(B) the Secretary determines, under the provisions of sections 932 and 933 of this title, that an operator was required to secure the payment of all or a portion of such benefits,
then the operator is liable to the United States for repayment to the fund of the amount of such benefits the payment of which is properly attributed to him plus interest thereon. No operator or representative of operators may bring any proceeding, or intervene in any proceeding, held for the purpose of determining claims for benefits to be paid by the fund, except that nothing in this section shall affect the rights, duties, or liabilities of any operator in proceedings under section 932 or [section 933 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section933&num=0&edition=prelim). In a case where no operator responsibility is assigned pursuant to sections 932 and 933 of this title, a determination by the Secretary that the fund is liable for the payment of benefits shall be final.
(2) If any operator liable to the fund under paragraph (1) refuses to pay, after demand, the amount of such liability (including interest), then there shall be a lien in favor of the United States for such amount upon all property and rights to property, whether real or personal, belonging to such operator. The lien arises
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 937
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