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Title 30 — Mineral Lands and Mining

Part C · Chapter 22 — Mine Safety and Health

§ 936. Regulations and reports

Statutory text

(a)

Promulgation; applicability of section 553 of title 5

The Secretary of Labor and the Secretary of Health and Human Services are authorized to issue such regulations as each deems appropriate to carry out the provisions of this subchapter. Such regulations shall be issued in conformity with section 553 of title 5, notwithstanding subsection (a) thereof.

(b)

Annual reports to Congress

At the end of fiscal year 2003 and each succeeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of this part and part B of this subchapter. Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33.

(c)

Compliance with State workmen’s compensation laws; conflicts between State and Federal provisions

Nothing in this subchapter shall relieve any operator of the duty to comply with any State workmen’s compensation law, except insofar as such State law is in conflict with the provisions of this subchapter and the Secretary by regulation, so prescribes. The provisions of any State workmen’s compensation law which provide greater benefits than the benefits payable under this subchapter shall not thereby be construed or held to be in conflict with the provisions of this subchapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Federal Coal Mine Health and Safety Act of 1969

    Pub. L. 91–173 title IV § 426 · 83 Stat. 742

    Enacted · 30 U.S.C. § 936

    Pub. L. 91–173, title IV, § 426, Dec. 30, 1969, 83 Stat. 798

    Source evidence

    Code source credit
    Pub. L. 91–173, title IV, § 426, Dec. 30, 1969, 83 Stat. 798

    Enacted provision · exact public law section
    Sec. 426. (a) The Secretary of Labor and the Secretary of Health, Education, and Welfare are authorized to issue such regulations as each deems appropriate to carry out the provisions of this title. Such regulations shall be issued in conformity with section 553 of title 5 of 80 Stat. 383. the United States Code, notwithstanding subsection (a) thereof. (b) 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 title, and, after January 1, 1973, the Secretary of Labor shall also submit such a report upon the subject matter of part C of this title. (c) Nothing in this title shall relieve any operator of the duty to comply with any State workmen’s compensation law, except insofar as such State law is in conflict with the provisions of this title and the Secretary by regulation, so prescribes. The provisions of any State workmen’s compensation law which provide greater benefits than the benefits payable under this title shall not thereby be construed or held to be in conflict with the provisions of this title.

  2. Black Lung Benefits Act of 1972

    Pub. L. 92–303 § 5(3) · 86 Stat. 150

    Substituted · 30 U.S.C. § 936(b)

    Pub. L. 92–303 substituted “January 1, 1974” for “January 1, 1973”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 92–303 substituted “January 1, 1974” for “January 1, 1973”.

    Enacted provision · exact public law section
    (3) by striking out “1973” each time it appears and inserting in lien thereof “1974”,

  3. Pub. L. 103–296 § 108(i)(3)(A) · 108 Stat. 1464

    Substituted · 30 U.S.C. § 936(a)

    Pub. L. 103–296, § 108(i)(3)(A), substituted “, the Commissioner of Social Security, and the Secretary of Health and Human Services” for “and the Secretary of Health, Education, and Welfare”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–296, § 108(i)(3)(A), substituted “, the Commissioner of Social Security, and the Secretary of Health and Human Services” for “and the Secretary of Health, Education, and Welfare”.

    Enacted provision · exact public law section
    SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:

  4. Pub. L. 103–296 § 108(i)(3)(B) · 108 Stat. 1464

    Substituted · 30 U.S.C. § 936(b)

    Pub. L. 103–296, § 108(i)(3)(B), substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–296, § 108(i)(3)(B), substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”.

    Enacted provision · exact public law section
    SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:

  5. Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1102(b)(2) · 109 Stat. 707

    1. Substituted · 30 U.S.C. § 936(b)

      Pub. L. 104–66 substituted “At the end of each fiscal year, the” for “Within 120 days following the convening of each session of Congress the”

    2. Inserted · 30 U.S.C. § 936(b)

      Pub. L. 104–66 inserted at end “Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–66 substituted “At the end of each fiscal year, the” for “Within 120 days following the convening of each session of Congress the” and inserted at end “Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33.”

    Enacted provision · exact public law section
    (2) Report on the administration of the black lung benefits program.— Section 426(b) of the Black Lung Benefits Act (30 U.S.C. 936(b)) is amended— (A) by striking “Within” and all that follows through “Congress the” and inserting “At the end of each fiscal year, the”; and (B) by adding the following new sentence at the end: “Each such report; shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 42 of the Longshore Harbor Workers’ Compensation Act (33 U.S.C. 942).”.

  6. Black Lung Consolidation of Administrative Responsibility Act

    Pub. L. 107–275 § 2(b)(4)(A) · 116 Stat. 1925

    Struck · 30 U.S.C. § 936(a)

    Pub. L. 107–275, § 2(b)(4)(A), struck out “, the Commissioner of Social Security,” after “The Secretary of Labor”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–275, § 2(b)(4)(A), struck out “, the Commissioner of Social Security,” after “The Secretary of Labor”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “, the Commissioner of Social Security,”; and

    Effective date note
    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.

  7. Black Lung Consolidation of Administrative Responsibility Act

    Pub. L. 107–275 § 2(b)(4)(B) · 116 Stat. 1925

    Amended · 30 U.S.C. § 936(b)

    Pub. L. 107–275, § 2(b)(4)(B), amended first sentence generally. Prior to amendment, first sentence read as follows: “At the end of each fiscal year, the Commissioner of Social Security 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.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–275, § 2(b)(4)(B), amended first sentence generally. Prior to amendment, first sentence read as follows: “At the end of each fiscal year, the Commissioner of Social Security 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.”

    Enacted provision · exact public law section
    (B) in subsection (b), by amending the first sentence to read as follows: “At the end of fiscal year 2003 and each succeeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of parts B and C of this title.”.

    Effective date note
    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.

8 of 8 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 942 of title 33, referred to in subsec. (b), was in the original “section 42 of the Longshore Harbor Worker’s Compensation Act” and was translated as reading “section 42 of the Longshore and Harbor Workers’ Compensation Act” to reflect the probable intent of Congress.

Amendments1972–2002 · 4 rounds

2002

Subsec. (a). Pub. L. 107–275, § 2(b)(4)(A), struck out “, the Commissioner of Social Security,” after “The Secretary of Labor”.

Subsec. (b). Pub. L. 107–275, § 2(b)(4)(B), amended first sentence generally. Prior to amendment, first sentence read as follows: “At the end of each fiscal year, the Commissioner of Social Security shall submit to the Congress an annual report upon the subject matter of part B of this subchapter, and, after , the Secretary of Labor shall also submit such a report upon the subject matter of this part.”

1995

Subsec. (b). Pub. L. 104–66 substituted “At the end of each fiscal year, the” for “Within 120 days following the convening of each session of Congress the” and inserted at end “Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33.”

1994

Subsec. (a). Pub. L. 103–296, § 108(i)(3)(A), substituted “, the Commissioner of Social Security, and the Secretary of Health and Human Services” for “and the Secretary of Health, Education, and Welfare”.

Subsec. (b). Pub. L. 103–296, § 108(i)(3)(B), substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”.

1972

Subsec. (b). Pub. L. 92–303 substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–275 effective 90 days after , see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–296 effective , see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.

Credits

1969–2002 · 5 acts
  1. 1969Pub. L. 91–173, title IV, § 426, , 83 Stat. 798
  2. 1972Pub. L. 92–303, § 5(3), , 86 Stat. 155
  3. 1994Pub. L. 103–296, title I, § 108(i)(3), , 108 Stat. 1488
  4. 1995Pub. L. 104–66, title I, § 1102(b)(2), , 109 Stat. 723
  5. 2002Pub. L. 107–275, § 2(b)(4), , 116 Stat. 1926.
Show as published

(Pub. L. 91–173, title IV, § 426, , 83 Stat. 798; Pub. L. 92–303, § 5(3), , 86 Stat. 155; Pub. L. 103–296, title I, § 108(i)(3), , 108 Stat. 1488; Pub. L. 104–66, title I, § 1102(b)(2), , 109 Stat. 723; Pub. L. 107–275, § 2(b)(4), , 116 Stat. 1926.)

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