30 Usc 933

Page 187

TITLE 30—MINERAL LANDS AND MINING

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 employer, other than an operator of a coal mine, shall not
be required to secure the payment of benefits with respect 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 operated’’ 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 pneumoconiosis 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 liability on operators who acquired a mine from a prior
operator on or after Jan. 1, 1970, with respect to benefits 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), substituted ‘‘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, approved March 4, 1927), respectively,
Subsec. (e)(2). Pub. L. 92–303, § 5(3), substituted ‘‘January 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 provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 92–303, § 3(a), substituted ‘‘coal
mine’’ for ‘‘underground coal mine’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–148 applicable with respect to claims filed under parts B and C of this subchapter 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 section 28(a) of Pub. L. 98–426, set out as a note under section 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.

§ 933

EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 3(a), (b) of Pub. L. 92–303 effective 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 Secretary 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 purposes of this section, the term ‘‘qualified individual’’ 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 section.
(Pub. L. 94–504, Oct. 15, 1976, 90 Stat. 2428; Pub.
L. 107–275, § 2(b)(5), Nov. 2, 2002, 116 Stat. 1926.)
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, as amended, 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 subchapter 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 comprises this subchapter.
AMENDMENTS
2002—Pub. L. 107–275 substituted ‘‘under part B or
part C’’ for ‘‘under part C’’.
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, authorized individuals appointed to hear and determine
claims for benefits under this part and under section
925 of this title pursuant to this section, notwithstanding 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
1 See

References in Text note below.

§ 934

TITLE 30—MINERAL LANDS AND MINING

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 person or fund, including any State fund, while
such company, association, person or fund is authorized 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 compensation law which may provide for lesser payments;
(2) a provision that insolvency or bankruptcy of the operator or discharge therein (or
both) shall not relieve the carrier from liability 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 certified 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 payment 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 failure 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 liable, jointly with such corporation, for any benefit 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 required 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 destroys any property belonging to such employer,
after any miner employed by such employer has
filed a claim under this subchapter, and with intent to avoid the payment of benefits under this
subchapter to such miner or his or her dependents, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of
1 So
2 So

in original. Probably should be ‘‘section’’.
in original. Probably should be ‘‘secretes,’’.

Page 188

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 imprisonment as well as jointly liable with such corporation 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
Stat. 153; Pub. L. 95–239, § 8, Mar. 1, 1978, 92 Stat.
100.)
AMENDMENTS
1978—Subsec. (d). Pub. L. 95–239 added subsec. (d).
1972—Subsec. (a). Pub. L. 92–303 substituted ‘‘a coal
mine’’ for ‘‘an underground coal mine’’.
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 Pub. L. 92–303 effective Dec. 30, 1969,
see section 3(c) of Pub. L. 92–303, set out as a note under
section 901 of this title.

§ 934. ‘‘Fund’’ defined; liability of operators to
United States for repayments to fund; procedures applicable; rate of interest
(a) For purposes of this section, the term
‘‘fund’’ has the meaning set forth in section
902(h) of this title.
(b)(1) If—
(A) an amount is paid out of the fund to an
individual entitled to benefits under section
932 of this title, 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. 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 on the
date on which such liability is finally determined, and continues until it is satisfied or becomes unenforceable by reason of lapse of time.
(3)(A) Except as otherwise provided under this
subsection, the priority of the lien shall be determined in the same manner as under section