30 U.S.C. § 940 — Applicability of amendments to part B of

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. Page 199 TITLE 30—MINERAL LANDS AND MINING § 943 § 941. Penalty for false statements or representa- tions Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this subchapter shall be guilty of a mis- demeanor and on conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both. (Pub. L. 91–173, title IV, § 431, as added Pub. L. 92–303, § 6, May 19, 1972, 86 Stat. 156; amended Pub. L. 95–239, § 12(a), Mar. 1, 1978, 92 Stat. 101.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–239 substituted provisions setting the penalty for making false or misleading statements or representations for the purpose of obtaining benefits or payments for provisions relating to the Secretary’s duty to disseminate to all persons who filed claims under this subchapter prior to May 19, 1972, informa- tion on the review provisions under the Black Lung Benefits Act of 1972. Statutory Notes and Related Subsidiaries 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. § 942. Miner benefit entitlement reports; penalty for failure or refusal to file (a) The Secretary may by regulation require employers to file reports concerning miners who may be or are entitled to benefits under this part, including the date of commencement and cessation of benefits and the amount of such benefits. Any such report shall not be evidence of any fact stated therein in any proceeding re- lating to death or total disability due to pneu- moconiosis of any miner to which such report relates. (b) Any employer who fails or refuses to file any report required of such employer under this section shall be subject to a civil penalty of not more than $500 for each such failure or refusal. (Pub. L. 91–173, title IV, § 432, as added Pub. L. 95–239, § 12(b), Mar. 1, 1978, 92 Stat. 101.) 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. § 943. Black lung insurance program (a) Authorization to establish and carry out The Secretary is authorized to establish and carry out a black lung insurance program which will enable operators of coal mines to purchase insurance covering their obligations under sec- tion 932 of this title. (b) Non-availability of other insurance coverage The Secretary may exercise his or her author- ity under this section only if, and to the extent that, insurance coverage is not otherwise avail- able, at reasonable cost, to operators of coal mines. (c) Agreements with coal mine operators; rein- surance agreements (1) The Secretary may enter into agreements with operators of coal mines who may be liable for the payment of benefits under section 932 of this title, under which the Black Lung Com- pensation Insurance Fund established under sub- section (a) (hereinafter in this section referred to as the ‘‘insurance fund’’) shall assume all or part of the liability of such operator in return for the payment of premiums to the insurance fund, and on such terms and conditions as will fully protect the financial solvency of the insur- ance fund. During any period in which such agreement is in effect the operator shall be deemed in compliance with the requirements of section 933 of this title with respect to the risks covered by such agreement. (2) The Secretary may also enter into reinsur- ance agreements with one or more insurers or pools of insurers under which, in return for the payment of premiums to the insurance fund, and on such terms and conditions as will fully pro- tect the financial solvency of the insurance fund, the insurance fund shall provide reinsur- ance coverage for benefits required to be paid under section 932 of this title. (d) Terms and conditions of insurability The Secretary may by regulation provide for general terms and conditions of insurability as applicable to operators of coal mines or insurers eligible for insurance or reinsurance under this section, including— (1) the types, classes, and locations of opera- tors or facilities which shall be eligible for such insurance or reinsurance; (2) the classification, limitation, and rejec- tion of any operator or facility which may be advisable; (3) appropriate premiums for different classi- fications of operators or facilities; (4) appropriate loss deductibles; (5) experience rating; and (6) any other terms and conditions relating to insurance or reinsurance coverage or exclu- sion which may be appropriate to carry out the purposes of this section. (e) Premium schedule studies and investigations The Secretary may undertake and carry out such studies and investigations, and receive or exchange such information, as may be necessary to formulate a premium schedule which will en- able the insurance and reinsurance authorized by this section to be provided on a basis which is (1) in accordance with accepted actuarial prin- ciples; and (2) fair and equitable. (f) Regulations relating to premium rates (1) On the basis of estimates made by the Sec- retary in formulating a premium schedule under subsection (e), and such other information as may be available, the Secretary shall from time to time prescribe by regulation the chargeable premium rates for types and classes of insurers, operators of coal mines, and facilities for which insurance or reinsurance coverage shall be avail-