30 U.S.C. § 932a — Appointment of qualified individuals to

Page 193 TITLE 30—MINERAL LANDS AND MINING § 932a 1 See References in Text note below. AMENDMENTS 2010—Subsec. (l). Pub. L. 111–148 struck out ‘‘, except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amend- ments of 1981’’ after ‘‘claim of such miner’’. 1986—Subsecs. (a), (i)(4), (j). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ wherever appearing, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1984—Subsec. (a). Pub. L. 98–426 substituted ‘‘Subject to section 28(h)(1) of the Longshore and Harbor Work- ers’ Compensation Act Amendments of 1984, during’’ for ‘‘During’’. 1981—Subsec. (a). Pub. L. 97–119, § 104(b)(3), sub- stituted ‘‘section 9501(d) of title 26’’ for ‘‘section 934 of this title’’. Subsec. (c). Pub. L. 97–119, § 205(a)(1), substituted ‘‘due to pneumoconiosis (1)’’ for ‘‘due to pneumoconiosis’’ and added cl. (2). Subsec. (d). Pub. L. 97–119, § 204, inserted provision re- lating to accrual of interest if payment is not made within the time required and accumulation of interest with respect to payments withheld pending final adju- dication of liability in the case of claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981. Subsec. (g). Pub. L. 97–119, § 203(b), inserted provision reducing the amount of benefits payable under this sec- tion with respect to any claim filed on or after the ef- fective date of the Black Lung Benefits Amendments of 1981. Subsec. (i)(4). Pub. L. 97–119, § 104(b)(4), substituted ‘‘section 9501(d) of title 26’’ for ‘‘section 934 of this title’’. Subsec. (j). Pub. L. 97–119, §§ 104(b)(5), 205(a)(2), sub- stituted in provision preceding par. (1) ‘‘section 9501 of title 26’’ for ‘‘section 934 of this title’’ and in par. (1) ‘‘section 9501(d)(1) of title 26’’ for ‘‘section 934(a)(1) of this title’’ and added par. (3). Subsec. (l). Pub. L. 97–119, § 203(a)(6), inserted before period at end ‘‘, except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amendments of 1981,’’. 1978—Subsec. (a). Pub. L. 95–239, §§ 3(b)(4), 7(a), in- serted ‘‘, and as it may be amended from time to time’’ after ‘‘as amended’’, inserted a comma after ‘‘and 51 thereof)’’, substituted ‘‘or by regulations of the Sec- retary and except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent with the provisions of section 934 of this title)’’ for ‘‘and except as the Secretary shall by regula- tion otherwise provide)’’, and inserted ‘‘, or with re- spect to entitlements established in paragraph (5) of section 921(c) of this title’’ after ‘‘with respect to death or total disability due to pneumoconiosis arising out of employment in such mine’’. Subsec. (b). Pub. L. 95–239, § 7(b), provided that an em- ployer, other than an operator of a coal mine, shall not be required to secure the payment of benefits with re- spect to any employee of that employer to the extent that the employee is engaged in the transportation of coal or in coal mine construction and authorized the Secretary to require an employer to secure a bond or otherwise guarantee the payment of benefits. Subsec. (c). Pub. L. 95–239, § 7(c), struck out reference to regulations of the Secretary of Health, Education, and Welfare and substituted ‘‘employment in a mine during a period after December 31, 1969, when it was op- erated’’ for ‘‘employment in a mine during the period when it was operated’’. Subsec. (e)(3). Pub. L. 95–239, § 7(d), struck out par. (3) which had provided that no payment of benefits could be required under this section for any period after twelve years after Dec. 30, 1969. Subsec. (f). Pub. L. 95–239, § 7(e), provided that any claim for benefits by a miner under this section be filed within three years after the later of either a medical determination of total disability due to pneumo- coniosis or March 1, 1978, and struck out provisions which had set special limitations on the filing of a claim by a widow. Subsec. (h). Pub. L. 95–239, § 7(f), struck out provision under which the regulations of the Secretary of Health, Education, and Welfare promulgated under section 921 of this title had also been applicable to claims under this section. Subsec. (i)(1). Pub. L. 95–239, § 7(g), imposed claim li- ability on operators who acquired a mine from a prior operator on or after Jan. 1, 1970, with respect to bene- fits to miners previously employed by a prior operator, as if the acquisition had not occurred. Subsec. (i)(2). Pub. L. 95–239, § 7(g), reenacted par. (2) without change. Subsec. (i)(3), (4). Pub. L. 95–239, § 7(g), added pars. (3) and (4). Subsecs. (j) to (l). Pub. L. 95–239, § 7(h), added subsecs. (j) to (l). 1972—Subsec. (a). Pub. L. 92–303, §§ 3(b), 5(2), (9), sub- stituted ‘‘a coal mine’’ for ‘‘an underground coal mine’’, ‘‘1973’’ for ‘‘1972’’ and struck out reference to section 7 of Pub. L. 803, 69th Congress (44 Stat. 1424, ap- proved March 4, 1927), respectively, Subsec. (e)(2). Pub. L. 92–303, § 5(3), substituted ‘‘Janu- ary 1, 1974’’ for ‘‘January 1, 1973’’. Subsec. (e)(3). Pub. L. 92–303, § 5(4), substituted ‘‘twelve years’’ for ‘‘seven years’’. Subsec. (f). Pub. L. 92–303, § 8, designated existing pro- visions as par. (1) and added par. (2). Subsec. (h). Pub. L. 92–303, § 3(a), substituted ‘‘coal mine’’ for ‘‘underground coal mine’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–148 applicable with re- spect to claims filed under parts B and C of this sub- chapter after Jan. 1, 2005, that are pending on or after Mar. 23, 2010, see section 1556(c) of Pub. L. 111–148, set out as a note under section 921 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see sec- tion 28(a) of Pub. L. 98–426, set out as a note under sec- tion 901 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by sections 203(a)(6), (b), 204, 205(a) of 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. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by section 3(a), (b) of Pub. L. 92–303 effec- tive Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set out as a note under section 901 of this title. § 932a. Appointment of qualified individuals to hear and determine claims for benefits Qualified individuals appointed by the Sec- retary of Labor may hear and determine claims for benefits under part B or part C of title IV of the Federal Coal Mine Health and Safety Act of 1969 1 [30 U.S.C. 921 et seq., 931 et seq.] and under section 415 of such Act [30 U.S.C. 925]. For pur- Page 194 TITLE 30—MINERAL LANDS AND MINING § 933 1 So in original. Probably should be ‘‘section’’. 2 So in original. Probably should be ‘‘secretes,’’. poses of this section, the term ‘‘qualified indi- vidual’’ means such an individual, regardless of whether that individual is a hearing examiner appointed under section 3105 of title 5. Nothing in this section shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this sec- tion. (Pub. L. 94–504, Oct. 15, 1976, 90 Stat. 2428; Pub. L. 107–275, § 2(b)(5), Nov. 2, 2002, 116 Stat. 1926.) Editorial Notes REFERENCES IN TEXT The Federal Coal Mine Health and Safety Act of 1969, referred to in text, is Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, which was renamed the Federal Mine Safety and Health Act of 1977 by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290. Parts B and C of title IV of the Federal Mine Safety and Health Act of 1977 are classified generally to part B (§ 921 et seq.) of this sub- chapter and to this part (§ 931 et seq.), respectively. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. CODIFICATION Section was not enacted as part of the Federal Mine Safety and Health Act of 1977 which comprises this chapter or the Black Lung Benefits Act which com- prises this subchapter. AMENDMENTS 2002—Pub. L. 107–275 substituted ‘‘under part B or part C’’ for ‘‘under part C’’. 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. EXTENSION OF ADJUDICATION PERIOD THROUGH MARCH 1, 1979 Pub. L. 95–239, § 7(i), Mar. 1, 1978, 92 Stat. 100, author- ized individuals appointed to hear and determine claims for benefits under this part and under section 925 of this title pursuant to this section, notwith- standing the provisions of section 932(a) of this title, to continue to adjudicate such claims during the one-year period following Mar. 1, 1978. § 933. Duties of operators in States not qualifying under workmen’s compensation laws (a) Securing of benefits for miners; self-insurers; mutual companies During any period in which a State workmen’s compensation law is not included on the list published by the Secretary under section 931(b) of this title each operator of a coal mine in such State shall secure the payment of benefits for which he is liable under section 932 of this title by (1) qualifying as a self-insurer in accordance with regulations prescribed by the Secretary, or (2) insuring and keeping insured the payment of such benefits with any stock company or mutual company or association, or with any other per- son or fund, including any State fund, while such company, association, person or fund is au- thorized under the laws of any State to insure workmen’s compensation. (b) Required provisions of insurance contracts In order to meet the requirements of clause (2) of subsection (a) of this section, every policy or contract of insurance must contain— (1) a provision to pay benefits required under section 932 of this title, notwithstanding the provisions of the State workmen’s compensa- tion law which may provide for lesser pay- ments; (2) a provision that insolvency or bank- ruptcy of the operator or discharge therein (or both) shall not relieve the carrier from liabil- ity for such payments; and (3) such other provisions as the Secretary, by regulation, may require. (c) Cancellation of insurance contracts No policy or contract of insurance issued by a carrier to comply with the requirements of clause (2) of subsection (a) of this subsection 1 shall be canceled prior to the date specified in such policy or contract for its expiration until at least thirty days have elapsed after notice of cancellation has been sent by registered or cer- tified mail to the Secretary and to the operator at his last known place of business. (d) Penalties for failure to secure payment of benefits (1) Any employer required to secure the pay- ment of benefits under this section who fails to secure such benefits shall be subject to a civil penalty assessed by the Secretary of not more than $1,000 for each day during which such fail- ure occurs. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable to such civil penalty as provided in this subsection for the failure of such corporation to secure the payment of benefits. Such president, secretary, and treasurer shall be severally personally lia- ble, jointly with such corporation, for any ben- efit which may accrue under this subchapter in respect to any disability which may occur to any employee of such corporation while it shall so fail to secure the payment of benefits as re- quired by this section. (2) Any employer of a miner who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secrets,2 or de- stroys any property belonging to such employer, after any miner employed by such employer has filed a claim under this subchapter, and with in- tent to avoid the payment of benefits under this subchapter to such miner or his or her depend- ents, shall be guilty of a misdemeanor and, upon 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. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable for such penalty of imprison- ment as well as jointly liable with such corpora- tion for such fine. (3) This subsection shall not affect any other liability of the employer under this part. (Pub. L. 91–173, title IV, § 423, Dec. 30, 1969, 83 Stat. 797; Pub. L. 92–303, § 3(b), May 19, 1972, 86