
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC938]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
           Part C--Claims for Benefits After December 31, 1973
 
Sec. 938. Miners suffering from pneumoconiosis; discrimination 
        prohibited
        

(a) Mine operators

    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) Determination by Secretary; procedure

    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 
administrative law judge presiding under this section and under the 
provisions of subchapters I, II and III of this chapter shall receive 
compensation at a rate determined under section 5372 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 
committing 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) Costs and penalties

    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, Sec. 428, as added Pub. L. 92-303, Sec. 5(7), 
May 19, 1972, 86 Stat. 155; amended Pub. L. 95-251, Sec. 2(a)(9), Mar. 
27, 1978, 92 Stat. 183; Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 104(d)(3)], Nov. 5, 1990, 104 Stat. 1427, 1447.)


                               Amendments

    1990--Subsec. (b). Pub. L. 101-509 amended seventh sentence 
generally, substituting ``determined under section 5372 of title 5'' for 
``not less than that prescribed for GS-16 under section 5332 of title 
5''.
    1978--Subsec. (b). Pub. L. 95-251 substituted ``administrative law 
judge'' for ``hearing examiner''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of Title 5, Government 
Organization and Employees.
