Page:United States Statutes at Large Volume 92 Part 1.djvu/154

 92 STAT. 100

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30 USC 932a °°*®'on^'icr QQi sea ''^ 30 USC 925. 30 USC 932a.

PUBLIC LAW 95-239—MAR. 1, 1978 "(1) In no case shall the eligible survivors of a miner who was determined to be eligible to receive benefits under this title at the time of jjig Qj. j^ej. death be required to file a new claim for benefits, or refile or otherwise revalidate the claim of such miner.". (i) Notwithstanding the provisions of section 422(a) of the Act, individuals appointed to hear and determine claims for benefits under P^^t C of title IV of the Act and under section 415 of the Act pursuant ^^ Public Law 94-504 (90 Stat. 2428) may continue to adjudicate such claims during the one-year period following the date of the enactment of this Act. PENALTIES FOR FAILURE TO SECURE P A Y M E N T OF BENEFITS

30 USC 933.

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SEC. 8. Section 423 of the Act is amended by adding at the end thereof the following new subsection: "(d)(1) Any employer required to secure the payment of benefits under this section who fails to secure such benefits shall be subject to a civil penalty assessed by the Secretary of not more than $1,000 for each day during which such failure occurs. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable to such civil penalty as provided in this subsection for the failure of such corporation to secure the payment of benefits. Such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any benefit which may accrue under this title in respect to any disability which may occur to any employee of such corporation while it shall so fail to secure the payment of benefits as required by this section. "(2) Any employer of a miner who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secrets, or destroys any property belonging to such employer, after any miner employed by such employer has filed a claim under this title, and with intent to avoid the payment of benefits under this title to such miner or his or her dependents, shall be guilty of a misdemeanor and, upon 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. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable for such penalty of imprisonment as well as jointly liable with such corporation for such fine, "(3) This subsection shall not affect any other liability of the employer under this part.". '-'f'xl^

30 USC 937.
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CLINICAL FACILITIES

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SEC. 9. The first sentence of section 427(c) of the Act is amended by striking out "of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975" and inserting in lieu thereof "fiscal year". APPLICABILITY OF AMENDMENTS

30 USC 940.

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S E C 10. Section 430 of the Act is amended— (1) by inserting "and by the Black Lung Benefits Reform Act of 1977" after "1972"; and (2) by striking out the colon and all that follows it and insert' • ing in lieu thereof a period.

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