30 U.S.C. § 951 — Studies and research

Page 200 TITLE 30—MINERAL LANDS AND MINING § 944 1 See References in Text note below. able under this section and the terms and condi- tions under which, and the area within which, such insurance or reinsurance shall be available and such rates shall apply. (2) Such premium rates shall be (A) based on a consideration of the risks involved, taking into account differences, if any, in risks based on location, type of operations, facilities, type of coal, experience, and any other matter which may be considered under accepted actuarial principles; and (B) adequate, on the basis of ac- cepted actuarial principles, to provide reserves for anticipated losses. (3) All premiums received by the Secretary shall be paid into the insurance fund. (g) Black Lung Compensation Insurance Fund (1) The Secretary may establish in the Depart- ment of Labor a Black Lung Compensation In- surance Fund which shall be available, without fiscal year limitation— (A) to pay claims of miners for benefits cov- ered by insurance or reinsurance issued under this section; (B) to pay the administrative expenses of carrying out the black lung compensation in- surance program under this section; and (C) to repay to the Secretary of the Treasury such sums as may be borrowed in accordance with the authority provided in subsection (i). (2) The insurance fund shall be credited with— (A) premiums, fees, or other charges which may be collected in connection with insurance or reinsurance coverage provided under this section; (B) such amounts as may be advanced to the insurance fund from appropriations in order to maintain the insurance fund in an operative condition adequate to meet its liabilities; and (C) income which may be earned on invest- ments of the insurance fund pursuant to para- graph (3). (3) If, after all outstanding current obligations of the insurance fund have been liquidated and any outstanding amounts which may have been advanced to the insurance fund from appropria- tions authorized under subsection (i) have been credited to the appropriation from which ad- vanced, the Secretary determines that the mon- eys of the insurance fund are in excess of cur- rent needs, he or she may request the invest- ment of such amounts as he or she deems advis- able by the Secretary of the Treasury in public debt securities with maturities suitable for the needs of the insurance fund and bearing interest at prevailing market rates. (h) Omitted (i) Authorization of appropriations There are authorized to be appropriated to the insurance fund, as repayable advances, such sums as may be necessary to meet obligations incurred under subsection (g). All such sums shall remain available without fiscal year limi- tation. Advances made pursuant to this sub- section shall be repaid, with interest, to the gen- eral fund of the Treasury when the Secretary de- termines that moneys are available in the insur- ance fund for such repayments. Interest on such advances shall be computed in the same manner as provided in subsection (b)(2) of section 934a 1 of this title. (Pub. L. 91–173, title IV, § 433, as added Pub. L. 95–239, § 13, Mar. 1, 1978, 92 Stat. 101.) Editorial Notes REFERENCES IN TEXT Section 934a of this title, referred to in subsec. (i), was repealed by Pub. L. 97–119, title I, § 103(b), Dec. 29, 1981, 95 Stat. 1638. See section 9501(c) of Title 26, Inter- nal Revenue Code. CODIFICATION Subsec. (h) of this section, which required the Sec- retary to report to Congress not later than April 1 of each year on the financial condition and operation of the insurance fund, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 124 of House Document No. 103–7. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as an Effective Date of 1978 Amend- ment note under section 901 of this title. § 944. Statement of reasons for denial of claim Any individual whose claim for benefits under this subchapter is denied shall receive from the Secretary a written statement of the reasons for denial of such claim, and a summary of the ad- ministrative hearing record or, upon good cause shown, a copy of any transcript thereof. (Pub. L. 91–173, title IV, § 434, as added Pub. L. 95–239, § 14, Mar. 1, 1978, 92 Stat. 103.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as an Effective Date of 1978 Amend- ment note under section 901 of this title. § 945. Repealed. Pub. L. 107–275, § 2(c)(1), Nov. 2, 2002, 116 Stat. 1926 Section, Pub. L. 91–173, title IV, § 435, as added Pub. L. 95–239, § 15, Mar. 1, 1978, 92 Stat. 103; amended Pub. L. 103–296, title I, § 108(i)(4), Aug. 15, 1994, 108 Stat. 1488, re- lated to review of claims pending on, or denied on or before, Mar. 1, 1978. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as an Effective Date of 2002 Amendment note under section 902 of this title. SUBCHAPTER V—ADMINISTRATIVE PROVISIONS § 951. Studies and research (a) Appropriate projects The Secretary of the Interior and the Sec- retary of Health and Human Services, as appro- priate, shall conduct such studies, research, ex- Page 201 TITLE 30—MINERAL LANDS AND MINING § 951 periments, and demonstrations as may be appro- priate— (1) to improve working conditions and prac- tices in coal or other mines, and to prevent ac- cidents and occupational diseases originating in the coal or other mining industry; (2) to develop new or improved methods of recovering persons in coal or other mines after an accident; (3) to develop new or improved means and methods of communication from the surface to the underground area of a coal or other mine; (4) to develop new or improved means and methods of reducing concentrations of res- pirable dust in the mine atmosphere of active workings of the coal or other mine; (5) to develop epidemiological information to (A) identify and define positive factors in- volved in occupational diseases of miners, (B) provide information on the incidence and prev- alence of pneumoconiosis and other res- piratory ailments of miners, and (C) improve mandatory health standards; (6) to develop techniques for the prevention and control of occupational diseases of miners, including tests for hypersusceptibility and early detection; (7) to evaluate the effect on bodily impair- ment and occupational disability of miners af- flicted with an occupational disease; (8) to prepare and publish from time to time, reports on all significant aspects of occupa- tional diseases of miners as well as on the medical aspects of injuries, other than dis- eases, which are revealed by the research car- ried on pursuant to this subsection; (9) to study the relationship between coal or other mine environments and occupational diseases of miners; (10) to develop new and improved under- ground equipment and other sources of power for such equipment which will provide greater safety; (11) to determine, upon the written request by any operator or authorized representative of miners, specifying with reasonable particu- larity the grounds upon which such request is made, whether any substance normally found in a coal or other mine has potentially toxic effects in the concentrations normally found in the coal or other mine or whether any phys- ical agents or equipment found or used in a coal or other mine has potentially hazardous effects, and shall submit such determinations to both the operators and miners as soon as possible; and (12) for such other purposes as they deem necessary to carry out the purposes of this chapter. (b) Responsibility for carrying out prescribed ac- tivities Activities under this section in the field of coal or other mine health shall be carried out by the Secretary of Health and Human Services through the National Institute for Occupational Safety and Health established under the Occupa- tional Safety and Health Act of 1970 [29 U.S.C. 651 et seq.], and activities under this section in the field of coal or other mine safety shall be carried out by the Secretary of the Interior in coordination with the Secretary. (c) Contracting with and grants to public and private agencies; availability of information; exceptions In carrying out the provisions for research, demonstrations, experiments, studies, training, and education under this section and sections 861(b) and 952(a) of this title, the Secretary of the Interior and the Secretary of Health and Human Services in coordination with the Sec- retary may enter into contracts with, and make grants to, public and private agencies and orga- nizations and individuals. No research, dem- onstrations, or experiments shall be carried out, contracted for, sponsored, cosponsored, or au- thorized under authority of this chapter, unless all information, uses, products, processes, pat- ents, and other developments resulting from such research, demonstrations, or experiments will (with such exception and limitation, if any, as the Secretary of the Interior or the Secretary of Health and Human Services in coordination with the Secretary may find to be necessary in the public interest) be available to the general public. (d) Prevention of diseases affecting persons working with mine products The Secretary of Health and Human Services shall also conduct studies and research into matters involving the protection of life and the prevention of diseases in connection with per- sons, who although not miners, work with, or around the products of, coal or other mines in areas outside of such mines and under condi- tions which may adversely affect the health and well-being of such persons. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior such sums as may be necessary to carry out his responsibilities under this section and section 861(b) of this title at an annual rate of not to exceed $20,000,000 for the fiscal year ending June 30, 1970, $25,000,000 for the fiscal year ending June 30, 1971, and $60,000,000 for the fiscal year ending June 30, 1972, and for each succeeding fiscal year there- after. There is authorized to be appropriated an- nually to the Secretary of Health and Human Services such sums as may be necessary to carry out his responsibilities under this chapter. Such sums shall remain available until expended. (f) Exceptions to mandatory health and safety standards for improving techniques and equipment The Secretary is authorized to grant on a mine-by-mine basis an exception to any manda- tory health or safety standard under this chap- ter for the purpose of permitting, under such terms and conditions as he may prescribe, ac- credited educational institutions the oppor- tunity for experimenting with new and improved techniques and equipment to improve the health and safety of miners. No such exception shall be granted unless the Secretary finds that the granting of the exception will not adversely af- fect the health and safety of miners and pub- lishes his findings. Page 202 TITLE 30—MINERAL LANDS AND MINING § 951a (g) Grants for research and development of res- piratory equipment The Secretary of Health and Human Services is authorized to make grants to any public or private agency, institution, or organization, and operators or individuals for research and experi- ments to develop effective respiratory equip- ment. (Pub. L. 91–173, title V, § 501, Dec. 30, 1969, 83 Stat. 798; Pub. L. 95–164, title III, § 303(a), Nov. 9, 1977, 91 Stat. 1320; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(12), (c), (e), and (f), was in the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. The Occupational Safety and Health Act of 1970, re- ferred to in subsec. (b), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classi- fication of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. AMENDMENTS 1977—Subsec. (a). Pub. L. 95–164, § 303(a)(1), (2), (6), substituted ‘‘The Secretary of the Interior and’’ for ‘‘The Secretary and’’ in provisions preceding par. (1), inserted references to mines and mining other than coal mines and coal mining in pars. (1), (2), (3), (4), and (9), added par. (11), and redesignated former par. (11) as (12). Subsec. (b). Pub. L. 95–164, § 303(a)(1), (3), inserted ref- erences to mines other than coal mines, inserted ‘‘through the National Institute for Occupational Safe- ty and Health established under the Occupational Safe- ty and Health Act of 1970’’ after ‘‘Secretary of Health, Education, and Welfare’’, and substituted ‘‘carried out by the Secretary of the Interior in coordination with the Secretary’’ for ‘‘carried out by the Secretary’’. Subsec. (c). Pub. L. 95–164, § 303(a)(4), substituted ‘‘the Secretary of the Interior and the Secretary of Health, Education, and Welfare in coordination with the Sec- retary’’ for ‘‘the Secretary and the Secretary of Health, Education, and Welfare’’ and ‘‘the Secretary of the In- terior or the Secretary of Health, Education, and Wel- fare in coordination with the Secretary’’ for ‘‘the Sec- retary or the Secretary of Health, Education, and Wel- fare’’. Subsec. (d). Pub. L. 95–164, § 303(a)(1), inserted ref- erence to mines other than coal mines. Subsec. (e). Pub. L. 95–164, § 303(a)(5), substituted ‘‘Secretary of the Interior’’ for ‘‘Secretary’’ and ‘‘$60,000,000’’ for ‘‘$30,000,000’’. 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) to (e) and (g) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title. EFFECTIVE DATE Subchapter effective Dec. 30, 1969, see section 509 of Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, set out as a note under section 801 of this title. § 951a. Health, Safety, and Mining Technology Research program (a) Health, Safety, and Mining Technology Re- search Plan (1) Every 5 years, the Secretary of the Inte- rior, acting through the Director of the Bureau of Mines (hereinafter in this section referred to as the ‘‘Director’’), shall develop a Plan for Health, Safety, and Mining Technology Re- search (hereinafter in this subsection referred to as the ‘‘Plan’’). (2) The Plan shall identify the goals and objec- tives of the Health, Safety, and Mining Tech- nology program of the Bureau of Mines, and shall guide research and technology develop- ment under such program, over each 5-year pe- riod. (3) In preparing the proposed Plan referred to in paragraph (1), the Director shall solicit sug- gestions, comments and proposals for research and technology development projects from the mining industry, labor, academia and other con- cerned groups and individuals. (b) Technical amendment For the purposes of section 951(b) of this title, as amended, activities in the field of coal or other mine health under such section shall also be carried out by the Secretary of the Interior acting through the Director of the Bureau of Mines. Nothing in this subsection is intended to preclude or duplicate the ongoing research ac- tivities of the Bureau of Mines on health haz- ards safety technology or research conducted by the National Institute of Occupational Safety and Health on coal mine safety and health ef- fects. (Pub. L. 102–486, title XXV, § 2512, Oct. 24, 1992, 106 Stat. 3111.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Federal Mine Safety and Health Act of 1977 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions re- lating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title. § 952. Training and education (a) Programs for operators, agents, and miners The Secretary shall expand programs for the education and training of operators and agents thereof, and miners in— (1) the recognition, avoidance, and preven- tion of accidents or unsafe or unhealthful working conditions in coal or other mines; and (2) in the use of flame safety lamps, permis- sible methane detectors, and other means ap-