Page:United States Statutes at Large Volume 92 Part 1.djvu/155

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-239—MAR. 1, 1978

92 STAT. 101


SEC. 11. The Secretary of Health, Education, and Welfare shall Eligibility, notify each miner receiving benefits under part B of title IV of notification to the Act on account of his or her total disability who such Secre- miners. 30 USC 924a. tary has reason to believe became eligible for medical services and 30 USC 921. supplies on January 1, 1974, of his or her possible eligibility for such benefits. Where such Secretary so notifies a miner, the period during Termination, which he Or she may file a claim for medical services and supplies under part C of title IV of the Act shall not terminate before six months after such notification is made. . PENALTIES FOR FALSE STATEMENTS AND FAILURES TO F I L E REPORTS

SEC. 12. (a) Section 431 of the Act is amended to read as follows: 30 USC 941. "SEC. 431. Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this title shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both.". (b) Part 0 of title IV of the Act is amended by adding at the end Miner benefit entitlement thereof the following new section: "SEC, 432. (a) The Secretary may by regulation require employers reports, filing. to file reports concerning miners who may be or are entitled to 30 USC 942. benefits under this part, including the date of commencement and cessation of benefits and the amount of such benefits. Any such report shall not be evidence of any fact stated therein in any proceeding relating to death or total disability due to pneumoconiosis of any miner to which such report relates. "(b) Any employer who fails or refuses to file any report required of such employer under this section shall be subject to a civil penalty of not more than $500 for each such failure or refusal.". INSURANCE F U N D

SEC. 13. Part C of title IV of the Act, as amended by section 12(b), is further amended by adding at the end thereof the following new section: " S E C 433. (a) The Secretary is authorized to establish and carry out a black lung insurance program which will enable operators of coal mines to purchase insurance covering their obligations under section 422. "(b) The Secretary may exercise his or her authority under this section only if, and to the extent that, insurance coverage is not otherwise available, at reasonable cost, to operators of coal mines. "(c)(1) The Secretary may enter into agreements with operators of coal mines who may be liable for the payment of benefits under section 422, under which the Black Lung Compensation Insurance Fund established under subsection (a) (hereinafter in this section referred to as the 'insurance fund') shall assume all or part of the liability of such operator in return for the payment of premiums to the insurance fund, and on such terms and conditions as will fully protect the financial solvency of the insurance fund. During any period in which such agreement is in effect the operator shall be deemed in compliance with the requirements of section 423 with respect to the risks covered by such agreement.

Compensation program establishment, authorization. 30 USC 943. Ante, p. 98.

Agreements with coal mine operators.

Ante, p. 100.