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EFFECTIVE DATE OF 1972 AMENDMENT Amendment of subsec. (b) (2) (C) by section 4(e) of Pub. L. 92-303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92-303, set out as a note under section 921 of this title.

§ 932. Failure to meet workmen's compensation requirements.

(a) Benefits; applicability of Longshoremen's and Harbor Workers' Compensation Act; promulgation of regulations.

During any period after December 31, 1973, 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, the provisions of Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended (other than the provisions contained in sections 1, 2, 3, 4, 8, 9, 10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47, 48, 49, 50 and 51 thereof) shall (except as otherwise provided in this subsection and except as the Secretary shall by regulation otherwise provided), be applicable to each operator of a coal mine in such State with respect to death or total disability due to pneumoconiosis arising out of employment in such mine. In administering this part, the Secretary is authorized to prescribe in the Federal Register such additional provisions, not inconsistent with those specifically excluded by this subsection, as he deems necessary to provide for the payment of benefits by such operator to persons entitled thereto as provided in this part and thereafter those provisions shall be applicable to such operator.

(e) Conditions upon payment.

No payment of benefits shall be required under this section:

(1) except pursuant to a claim filed therefor in such manner, in such form, and containing such information, as the Secretary shall by regulation prescribe;

(2) for any period prior to January 1, 1974; or (3) for any period after twelve years after December 30, 1969.

(f) Limitation on filing of claims.

(1) Any claim for benefits under this section shall be filed within three years of the discovery of total disability due to pneumoconiosis or, in the case of death due to pneumoconiosis, the date of such death.

(2) Any claim for benefits under this section in the case of a living miner filed on the basis of eligibility under section 921 (c) (4) of this title, shall be filed within three years from the date of last exposed employment in a coal mine or, in the case of death from a respiratory or pulmonary impairment for which benefits would be payable under section 921 (c) (4) of this title, incurred as the result of employment in a coal mine, shall be filed within fifteen years from the date of last exposed employment in a coal mine.

(h) Applicability of regulations under section 921 of this title; promulgation of regulations.

The regulations of the Secretary of Health, Education, and Welfare promulgated under section 921 of this title shall also be applicable to claims under this section. The Secretary of Labor shall by regulation establish standards, which may include appropriate

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1972 Subsec. (a). Pub. L. 92-303, §§ 3(b), 5(2), and 5(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 year" 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 1972 AMENDMENT Amendment of subsecs. (h) and (a) by section 3(a), (b) of Pub. L. 92-303, respectively, effective Dec. 30, 1969, see section 3(c) of Pub. L. 92-303, set out as a note under section 901 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 925 of this title. § 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 person or fund, including any State funds, while such company, association, person or fund is authorized under the laws of any State to insure workmen's compensation.

(As amended Pub. L. 92-303, § 3(b), May 19, 1972, 86 Stat. 153.)

AMENDMENTS 1972-Subsec. (a). Pub. L. 92-303 substituted "a coal mine" for "an underground coal mine".

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. Failure of operators to secure benefits; duties of United States; indemnification.

If a totally disabled miner or a widow, child, parent, brother, or sister is entitled to benefits under section 932 of this title and (1) an operator liable for such benefits has not obtained a policy or contract of insurance, or qualified as a self-insurer, as required by section 933 of this title, or such operator

has not paid such benefits within a reasonable time, or (2) there is no operator who was required to secure the payment of such benefits, the Secretary shall pay such miner or such widow, child, parent, brother, or sister the benefits to which he or she is so entitled. In a case referred to in clause (1), the operator shall be liable to the United States in a civil action in an amount equal to the amount paid to such miner or his widow, child, parent, brother, or sister under this subchapter. (As amended Pub. L. 92-303, § 1 (c) (1), May 19, 1972, 86 Stat. 151.)

AMENDMENTS

1972-Pub. L. 92-303 substituted "widow, child, parent, brother, or sister" for "widow" wherever appearing therein. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 925 of this title.

§ 936. Regulations and reports.

(b) Annual reports to Congress.

Within 120 days following the convening of each session of Congress the Secretary of Health, Education, and Welfare 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.

(As amended Pub. L. 92-303, § 5(3), May 19, 1972, 86 Stat. 155.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-303 substituted "January 1, 1974" for "January 1, 1973".

§ 937. Contracts for clinics; research and grants for research in pulmonary diseases; appropriation of funds.

(a) The Secretary of Health, Education, and Welfare is authorized to enter into contracts with, and make grants to, public and private agencies and organizations and individuals for the construction, purchase, and operation of fixed-site and mobile clinical facilities for the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive coal miners. The Secretary shall coordinate the making of such contracts and grants with the Appalachian Regional Commission.

(b) The Secretary of Health, Education, and Welfare shall initiate research within the National Institute for Occupational Safety and Health, and is authorized to make research grants to public and private agencies and organizations and individuals for the purpose of devising simple and effective tests to measure, detect, and treat respiratory and pulmonary impairments in active and inactive coal miners. Any grant made pursuant 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, Education, and Welfare may deem necessary in the public interest.

(c) There is hereby authorized to be appropriated for the purpose of subsection (a) of this section

$10,000,000 for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975. 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.)

§ 938. Prohibition of discrimination by operators of miners suffering from pneumoconiosis; determination by Secretary; procedure; costs and penalties.

(a) 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 the term "miner" shall not include any person who has been found to be totally disabled.

(b) Any miner who believes that he has been discharged 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 occurs, 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 application, the Secretary shall cause such investigation 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 relating 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 hearing examiner presiding under this section and under the provisions of subchapters I, II and III of this chapter shall receive compensation at a rate not less than that prescribed for GS-16 under section 5332 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 commiting 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 therein.

(c) Whenever an order is issued under this subsection 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 assessed against the person committing the violation. (Pub. L. 91-173, title IV, § 428, as added Pub. L. 92-303, § 5(7), May 19, 1972, 86 Stat. 155.)

§ 939. Authorization of appropriations.

There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary to carry out his responsibilities under this subchapter. Such sums shall remain available until expended. (Pub. L. 91-173, title IV, § 429, as added Pub. L. 92-303, § 5(8), May 19, 1972, 86 Stat. 156.)

§ 940. Availability of benefits under Black Lung Benefits Act of 1972.

The amendments made by the Black Lung Benefits Act of 1972 to part B of this subchapter shall, to the extent appropriate, also apply to this part: Provided, That for the purpose of determining the applicability of the presumption established by section 921 (c) (4) of this title to claims filed under this part, no period of employment after June 30, 1971, shall be considered in determining whether a miner was employed at least fifteen years in one or more underground mines. (Pub. L. 91-173, title IV, § 430, as added Pub. L. 92-303, § 5(10), May 19, 1972, 86 Stat. 156.)

REFERENCES IN TEXT

The amendments made by the Black Lung Benefits Act of 1972 to part B of this subchapter, referred to in text, are amendments to sections 921 to 925 of this title by Pub. L. 92-303.

§ 941. Notification to claimants of changes in law.

The Secretary of Health, Education, and Welfare shall, upon enactment of the Black Lung Benefits Act of 1972, generally disseminate to all persons who filed claims under this subchapter prior to May 19, 1972, the changes in the law created by such Act, and forthwith advise all persons whose claims have been denied for any reason or whose claims are pending, that their claims will be reviewed with respect to the provisions of the Black Lung Benefits Act of 1972. (Pub. L. 91-173, title IV, § 431, as added Pub. L. 92-303, § 6, May 19, 1972, 86 Stat. 156.)

REFERENCES IN TEXT

The Black Lung Benefits Act of 1972, referred to in the text, means Pub. L. 92-303, which was approved May 19, 1972. For distribution of such Act in this Code, see Short Title note under section 901 of this title.

Subchapter V.-Administrative Provisions

§ 951. Studies and research.

(e) Authorization of appropriations.

There is authorized to be appropriated to the Secretary 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 $30,000,000 for the fiscal year ending June 30, 1973, and for each succeeding fiscal year thereafter. There is authorized to be appropriated annually to the Secretary of Health, Education, and Welfare such sums as may be necessary to carry out his responsibilities under this chapter. Such sums shall remain available until expended.

(As amended Pub. L. 92-303, § 5(2), May 19, 1972, 86 Stat. 155.)

AMENDMENTS

1972-Subsec. (e). Pub L. 92-303 substituted "1973" for "1972".

§ 958. Annual reports to Congress; contents. TRANSFER OF FUNCTIONS

All functions vested by law in the Office of Science and Technology and in the Director or Deputy Director of the Office of Science and Technology were transferred to the Director of the National Science Foundation, and the Office of Science and Technology, including the offices of Director and Deputy Director, provided for by sections 1 and 2 of 1962 Reorg. Plan No. 2, was abolished by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees.

Chap.

TITLE 31.-MONEY AND FINANCE

23. Federal Personnel Surety Bonds [New]..... 24. Fiscal Assistance to State and Local Governments [New]..

Sec. 1201

1221

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All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 139.

§ 16. Office of Management and Budget; Director and Deputy Director; duties; preparation of Budget, etc.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

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Ex. ORD. No. 11541. PRESCRIBING DUTIES OF THE OFFICE OF MANAGEMENT AND BUDGET AND THE DOMESTIC COUNCIL Supersedure of Ex. Ord. No. 11541 to the extent that it is inconsistent with Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, see section 11(6) of Ex. Ord. No. 11609, set out as a note under section 301 of Title 3, The President; with Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069, see section 3 of Ex. Ord. No. 11713, set out as a note under section 301 of Title 3, The President; with Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, see section 5 of Ex. Ord. No. 11717, set out as a note under this section.

Ex. ORD. No. 11647. FEDERAL REGIONAL COUNCILS Ex. Ord. No. 11647, Feb. 10, 1972, 37 F.R. 3167, as amended by Ex. Ord. No. 11731, July 23, 1973, 38 F.R. 19903, provided:

The proper functioning of Government requires the development of closer working relationships between major Federal grantmaking agencies and State and local government and improved coordination of the categorical grant system.

I have heretofore directed the Domestic Council to: (1) receive and develop information necessary for assessing national domestic needs and defining national domestic goals, and to develop for the President alternative proposals for reaching those goals;

(2) collaborate with the Office of Management and Budget and others in the determination of national domestic priorities for the allocation of available re

sources;

(3) collaborate with the Office of Management and Budget and others to assure a continuing review of ongoing programs from the standpoint of their relative contributions to national goals as compared with their use of available resources; and

(4) provide policy advice to the President on domestic issues.

Furthermore, I have assigned to the Office of Management and Budget the responsibility for assisting the President in developing efficient coordinating mechanisms to implement Government activities and to expand interagency cooperation. Three years ago I directed that the senior regional officials of certain of the grantmaking agencies convene themselves in regional councils to better coordinate their services to Governors, Mayors, and the public.

I have now determined that the measures prescribed by this Order would assure improved service to the public. NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:

SECTION 1. Federal Regional Councils. (a) There is hereby continued a Federal Regional Council for each of the ten standard Federal regions. Each Council shall be composed of the principal regional officials of the Departments of Labor, Health, Education, and Welfare, Housing and Urban Development, Agriculture, the Interior, and Transportation, the Office of Economic Opportunity, the Environmental Protection Agency, and the Law Enforcement Assistance Administration.

The President shall designate one member of each such Council as Chairman of that Council and such Chairman shall serve at the pleasure of the President. Representatives of the Office of Management and Budget may participate in any deliberations of each Council.

(b) Each member of each Council may designate an alternate who shall serve as a member of the Council involved whenever the regular member is unable to attend any meeting of the Council.

(c) When the Chairman determines that matters which significantly affect the interests of the Federal agencies which are not represented on any such Council are to

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