U.S. Code » Title 30 » Chapter CHAPTER 22— MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER IV— BLACK LUNG BENEFITS › Part Part C— Claims for Benefits After December 31, 1973

30 U.S.C. § 936

Regulations and reports

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(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.

(Pub. L. 91–173, title IV, § 426, Dec. 30, 1969, 83 Stat. 798; Pub. L. 92–303, § 5(3), May 19, 1972, 86 Stat. 155; Pub. L. 103–296, title I, § 108(i)(3), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 104–66, title I, § 1102(b)(2), Dec. 21, 1995, 109 Stat. 723; Pub. L. 107–275, § 2(b)(4), Nov. 2, 2002, 116 Stat. 1926.)Editorial NotesReferences 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.

Amendments

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 January 1, 1974, 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 “January 1, 1974” for “January 1, 1973”.

Statutory Notes and Related SubsidiariesEffective 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.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–296 effective Mar. 31, 1995, 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.

Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 1974–2021 · leading case: Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019).
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Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019). “30 U.S.C. § 936 (a); 33 U.S.C. § 939 (a).”
Price v. Stevedoring Servs. of Am., Inc., 697 F.3d 820 (9th Cir. 2012). · cites it 2× “The Black Lung Act is also admin- istered by the Director, 30 U.S.C. § 936 (a); 20 C.F.R. § 726.6 , and provides benefits for the death or disability of coal miners resulting from the “black lung disease,” see 30 U.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. August Mangifest, 826 F.2d 1318 (3rd Cir. 1987). · cites it 2× “That regulation represents an exercise of the Secretary’s general authority to establish regulations under 30 U.S.C. § 936 , and more specific authority *1330 under 30 U.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). · cites it 4× “See 30 U.S.C. § 936 . Rather, defendants argue, and the Court is persuaded, that the rules are not retroactive for two reasons.”
Helen Mining Co v. James Elliott, Sr., 859 F.3d 226 (3rd Cir. 2017). “The Secretary of Labor is authorized to promulgate rules and regulations necessary for the administration and enforcement of the BLBA, 30 U.S.C. § 936 (a), and the parties do not challenge the exercise of that authority to promulgate the Regulation through notice-and-comment…”
E. Associated Coal Co. v. Dir., Off. of Workers' Comp. Programs, 578 F. App'x 165 (4th Cir. 2014). · cites it 2× “2007), by promulgating “such regulations as [he] deems appropriate to carry out the provisions” of the BLBA, 30 U.S.C. § 936 . The Director, as the Secretary’s designee, is charged with administering the BLBA and is a party to all benefits adjudications.”
Old Ben Coal Co. v. Elmer H. Luker & the Dir., Off. of Workers' Comp. Programs, & United States Dep't of Labor, 826 F.2d 688 (7th Cir. 1987). “§ 725.496 (d). There are no provisions in the regulations of either HHS or the DOL for an election for a Part B claim review to be made to the DOL.”
Big Horn Coal Co. v. Sadler Ex Rel. Sadler, 924 F.3d 1317 (10th Cir. 2019). “And the Secretary promulgated 20 C.F.R. § 725.308 (c) to interpret 30 U.”
Roberts & Schaefer Co. v. Dir., Off. of Workers' Comp. Programs & William L. Williams, 400 F.3d 992 (7th Cir. 2005). “See 30 U.S.C. § 936 . The implementing regulations provide that a district director shall designate a "responsible operator liable for the payment” of a miner's pneumoconio-sis benefits.”
United States Steel Corp. v. Frank Gray & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 588 F.2d 1022 (5th Cir. 1979). “We note that the hearing officer’s “aggravation theory” is embodied in the new regulation issued by the Secretary of Labor pursuant to his 30 U.S.C. § 936 (a) authority, which gives a very expansive meaning to the statutory term “chronic dust disease of the lung”.”
Charles H. Moore v. Patricia R. Harris, Sec'y of Health & Human Servs., 623 F.2d 908 (4th Cir. 1980). “Having determined that the preferred meaning of the language used in the statute and the clear intent of Congress in 1969 coincide, we consider the administrative interpretation as clearly wrong and, therefore, not persuasive. The statute gave the Secretary explicit authority…”
Eugene Patton v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 763 F.2d 553 (3rd Cir. 1985). “30 U.S.C. § 936 (a) states that: The Secretary of Labor .”
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