30 USC Subchapter IV (Sections 901-951)

§ 901

TITLE 30—MINERAL LANDS AND MINING

(g)(1) ‘‘working face’’ means any place in a
coal mine in which work of extracting coal
from its natural deposit in the earth is performed during the mining cycle,
(2) ‘‘working place’’ means the area of a coal
mine inby the last open crosscut,
(3) ‘‘working section’’ means all areas of the
coal mine from the loading point of the section to and including the working faces,
(4) ‘‘active workings’’ means any place in a
coal mine where miners are normally required
to work or travel;
(h) ‘‘abandoned areas’’ means sections, panels, and other areas that are not ventilated
and examined in the manner required for
working places under section 863 of this title;
(i) ‘‘permissible’’ as applied to electric face
equipment means all electrically operated
equipment taken into or used inby the last
open crosscut of an entry or a room of any
coal mine the electrical parts of which, including, but not limited to, associated electrical
equipment, components, and accessories, are
designed, constructed, and installed, in accordance with the specifications of the Secretary, to assure that such equipment will not
cause a mine explosion or mine fire, and the
other features of which are designed and constructed, in accordance with the specifications
of the Secretary, to prevent, to the greatest
extent possible, other accidents in the use of
such equipment; and the regulations of the
Secretary or the Director of the United States
Bureau of Mines in effect on the operative
date of this subchapter relating to the requirements for investigation, testing, approval, certification, and acceptance of such equipment
as permissible shall continue in effect until
modified or superseded by the Secretary, except that the Secretary shall provide procedures, including, where feasible, testing, approval, certification, and acceptance in the
field by an authorized representative of the
Secretary, to facilitate compliance by an operator with the requirements of section 865(a) of
this title within the periods prescribed therein;
(j) ‘‘low voltage’’ means up to and including
660 volts; ‘‘medium voltage’’ means voltages
from 661 to 1,000 volts; and ‘‘high voltage’’
means more than 1,000 volts;
(k) Repealed. Pub. L. 95–164, title II, § 202(b),
Nov. 9, 1977, 91 Stat. 1317.
(l) ‘‘coal mine’’ includes areas of adjoining
mines connected underground.
(Pub. L. 91–173, title III, § 318, Dec. 30, 1969, 83
Stat. 791; Pub. L. 95–164, title II, § 202(b), Nov. 9,
1977, 91 Stat. 1317; Pub. L. 102–285, § 10(b), May 18,
1992, 106 Stat. 172.)
REFERENCES IN TEXT
This chapter, referred to in par. (b)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
For the operative date of this subchapter, referred to
in par. (i), see section 509 of Pub. L. 91–173, set out as
an Effective Date note under section 801 of this title.

Page 172

AMENDMENTS
1977—Par. (k). Pub. L. 95–164 struck out par. (k) which
defined ‘‘respirable dust’’ as dust particles 5 microns or
less in size.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in par. (i) pursuant to section 10(b)
of Pub. L. 102–285, set out as a note under section 1 of
this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines,
see Transfer of Functions note set out under section 1
of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective Nov. 9, 1977,
see section 307 of Pub. L. 95–164, set out as a note under
section 801 of this title.
EFFECTIVE DATE
Section operative 90 days after Dec. 30, 1969, except to
the extent an earlier date is specifically provided for in
Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out
as a note under section 801 of this title.

SUBCHAPTER IV—BLACK LUNG BENEFITS
PART A—GENERAL PROVISIONS
§ 901. Congressional findings and declaration of
purpose; short title
(a) Congress finds and declares that there are
a significant number of coal miners living today
who are totally disabled due to pneumoconiosis
arising out of employment in one or more of the
Nation’s coal mines; that there are a number of
survivors of coal miners whose deaths were due
to this disease; and that few States provide benefits for death or disability due to this disease
to coal miners or their surviving dependents. It
is, therefore, the purpose of this subchapter to
provide benefits, in cooperation with the States,
to coal miners who are totally disabled due to
pneumoconiosis and to the surviving dependents
of miners whose death was due to such disease;
and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis.
(b) This subchapter may be cited as the
‘‘Black Lung Benefits Act’’.
(Pub. L. 91–173, title IV, § 401, Dec. 30, 1969, 83
Stat. 792; Pub. L. 92–303, §§ 3(a), 4(b)(2), May 19,
1972, 86 Stat. 153, 154; Pub. L. 95–239, § 16, Mar. 1,
1978, 92 Stat. 105; Pub. L. 97–119, title II,
§ 203(a)(4), Dec. 29, 1981, 95 Stat. 1644.)
AMENDMENTS
1981—Subsec. (a). Pub. L. 97–119 struck out ‘‘or who
were totally disabled by this disease at the time of
their deaths’’ after ‘‘due to this disease’’ and ‘‘due to
such disease’’.
1978—Pub. L. 95–239 designated existing provisions as
subsec. (a) and added subsec. (b).
1972—Pub. L. 92–303, § 3(a), inserted ‘‘or who were totally disabled by this disease at the time of their
deaths’’ after ‘‘disease’’ the first and third times it appeared and struck out ‘‘underground’’ before ‘‘coal
mines’’.
EFFECTIVE DATE OF 1981 AMENDMENT
Pub. L. 97–119, title II, § 206(a), Dec. 29, 1981, 95 Stat.
1645, provided that: ‘‘Except as otherwise provided, the
provisions of this title [see Short Title of 1981 Amend-

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TITLE 30—MINERAL LANDS AND MINING

ment note set out under section 801 of this title] shall
take effect on January 1, 1982.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–239, § 20(a), Mar. 1, 1978, 92 Stat. 106, provided that: ‘‘The provisions of this Act [see Short Title
of 1978 Amendment note set out under section 801 of
this title] shall take effect on the date of enactment of
this Act [Mar. 1, 1978].’’
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–303, § 3(c), May 19, 1972, 86 Stat. 153, provided that: ‘‘The amendments made by this section
[amending this section and sections 902, 921, 932, and 933
of this title] shall be effective as of December 30, 1969.’’
Amendment by section 4(b)(2) of Pub. L. 92–303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set
out as a note under section 921 of this title.
EFFECTIVE DATE
Subchapter effective Dec. 30, 1969, see section 509 of
Pub. L. 91–173, set out as a note under section 801 of
this title.
SEPARABILITY
Pub. L. 97–119, title II, § 206(b), Dec. 29, 1981, 95 Stat.
1645, provided that: ‘‘If any provision of this title [see
Short Title of 1981 Amendment note, set out under section 801 of this title], or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this title, or the application of
such provision to persons or circumstances other than
those to which it is held invalid, shall not be affected
thereby.’’
SPECIAL BENEFITS FOR DISABLED COAL MINERS
Pub. L. 102–394, title II, Oct. 6, 1992, 106 Stat. 1806, provided that: ‘‘For carrying out title IV of the Federal
Mine Safety and Health Act of 1977 [30 U.S.C. 901 et
seq.], including for fiscal year 1993 and thereafter the
payment of travel expenses on an actual cost or commuted basis, to an individual, for travel incident to
medical examinations, and when travel of more than 75
miles is required, to parties, their representatives, and
all reasonably necessary witnesses for travel within the
United States, Puerto Rico and the Virgin Islands, to
reconsideration interviews and to proceedings before
administrative law judges, $601,313,000, to remain available until expended: Provided, That monthly benefit
payments for fiscal year 1993 and thereafter shall be
paid consistent with section 215(g) of the Social Security Act [42 U.S.C. 415(g)].’’
STUDY OF CURRENT MEDICAL METHODS FOR DIAGNOSIS
OF PNEUMOCONIOSIS AND NATURE AND EXTENT OF IMPAIRMENT
ATTRIBUTABLE TO SIMPLE AND COMPLICATED PNEUMOCONIOSIS; REPORT TO CONGRESS
Pub. L. 97–119, title II, § 202(e), Dec. 29, 1981, 95 Stat.
1643, directed Secretary of Labor, in consultation with
Secretary of Health and Human Services, to undertake
a study of current medical methods for diagnosis of
pneumoconiosis, and of nature and extent of impairment and disability that are attributable to the existence of both simple and complicated pneumoconiosis,
with study, together with appropriate recommendations, to be transmitted to Congress no later than
eighteen months after Jan. 1, 1982.
STUDY OF BENEFITS UNDER THIS SUBCHAPTER, OTHER
BENEFITS RECEIVED, AND BENEFITS IF STATE WORKERS’ COMPENSATION PROGRAMS APPLICABLE; REPORT
TO CONGRESS
Pub. L. 97–119, title II, § 203(c), Dec. 29, 1981, 95 Stat.
1644, directed Secretary of Labor to undertake a study
of the benefits provided by this subchapter, other benefits received by individuals who receive benefits under
this subchapter, and benefits which would be received
were State workers’ compensation programs applicable

§ 902

in lieu of benefits under this subchapter, with study,
together with appropriate recommendations, to be
transmitted to Congress no later than eighteen months
after Jan. 1, 1982.

§ 902. Definitions
For purposes of this subchapter—
(a) The term ‘‘dependent’’ means—
(1) a child as defined in subsection (g) without regard to subparagraph (2)(B)(ii) thereof;
or
(2) a wife who is a member of the same
household as the miner, or is receiving regular
contributions from the miner for her support,
or whose husband is a miner who has been ordered by a court to contribute to her support,
or who meets the requirements of section
416(b)(1) or (2) of title 42. The determination of
an individual’s status as the ‘‘wife’’ of a miner
shall be made in accordance with section
416(h)(1) of title 42 as if such miner were the
‘‘insured individual’’ referred to therein. The
term ‘‘wife’’ also includes a ‘‘divorced wife’’ as
defined in section 416(d)(1) of title 42 who is receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or is
receiving substantial contributions from the
miner (pursuant to a written agreement), or
there is in effect a court order for substantial
contributions to her support from such miner.
(b) The term ‘‘pneumoconiosis’’ means a
chronic dust disease of the lung and its sequelae,
including respiratory and pulmonary impairments, arising out of coal mine employment.
(c) The term ‘‘Secretary’’, except where expressly otherwise provided, means the Secretary
of Labor.
(d) The term ‘‘miner’’ means any individual
who works or has worked in or around a coal
mine or coal preparation facility in the extraction or preparation of coal. Such term also includes an individual who works or has worked in
coal mine construction or transportation in or
around a coal mine, to the extent such individual was exposed to coal dust as a result of such
employment.
(e) The term ‘‘widow’’ includes the wife living
with or dependent for support on the miner at
the time of his death, or living apart for reasonable cause or because of his desertion, or who
meets the requirements of section 416(c)(1), (2),
(3), (4), or (5),1 and section 416(k) of title 42, who
is not married. The determination of an individual’s status as the ‘‘widow’’ of a miner shall be
made in accordance with section 416(h)(1) of title
42 as if such miner were the ‘‘insured individual’’ referred to therein. Such term also includes
a ‘‘surviving divorced wife’’ as defined in section
416(d)(2) of title 42 who for the month preceding
the month in which the miner died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed
by the Secretary, from the miner, or was receiving substantial contributions from the miner
(pursuant to a written agreement) or there was
in effect a court order for substantial contribu1 See

References in Text note below.

§ 902

TITLE 30—MINERAL LANDS AND MINING

tions to her support from the miner at the time
of his death.
(f)(1) The term ‘‘total disability’’ has the
meaning given it by regulations of the Secretary
of Health and Human Services, which were in effect on November 2, 2002, for claims under part
B of this subchapter, and by regulations of the
Secretary of Labor for claims under part C of
this subchapter, subject to the relevant provisions of subsections (b) and (d) of section 923 of
this title, except that—
(A) in the case of a living miner, such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis
prevents him or her from engaging in gainful
employment requiring the skills and abilities
comparable to those of any employment in a
mine or mines in which he or she previously
engaged with some regularity and over a substantial period of time;
(B) such regulations shall provide that (i) a
deceased miner’s employment in a mine at the
time of death shall not be used as conclusive
evidence that the miner was not totally disabled; and (ii) in the case of a living miner, if
there are changed circumstances of employment indicative of reduced ability to perform
his or her usual coal mine work, such miner’s
employment in a mine shall not be used as
conclusive evidence that the miner is not totally disabled;
(C) such regulations shall not provide more
restrictive criteria than those applicable
under section 423(d) of title 42; and
(D) the Secretary of Labor, in consultation
with the Director of the National Institute for
Occupational Safety and Health, shall establish criteria for all appropriate medical tests
under this subsection which accurately reflect
total disability in coal miners as defined in
subparagraph (A).
(2) Criteria applied by the Secretary of Labor
in the case of—
(A) any claim arising under part B of this
subchapter or subject to a determination by
the Secretary of Labor under section 945(a) 1 of
this title;
(B) any claim which is subject to review by
the Secretary of Labor under section 945(b) 1 of
this title; and
(C) any claim filed on or before the effective
date of regulations promulgated under this
subsection by the Secretary of Labor;
shall not be more restrictive than the criteria
applicable to a claim filed on June 30, 1973,
whether or not the final disposition of any such
claim occurs after the date of such promulgation of regulations by the Secretary of Labor.
(g) The term ‘‘child’’ means a child or a stepchild who is—
(1) unmarried; and
(2)(A) under eighteen years of age, or
(B)(i) under a disability as defined in section
423(d) of title 42,
(ii) which began before the age specified in
section 402(d)(1)(B)(ii) of title 42, or, in the
case of a student, before he ceased to be a student; or
(C) a student.
The term ‘‘student’’ means a ‘‘full-time student’’ as defined in section 402(d)(7) of title 42, or

Page 174

a ‘‘student’’ as defined in section 8101(17) of title
5. The determination of an individual’s status as
the ‘‘child’’ of the miner or widow, as the case
may be, shall be made in accordance with section 416(h)(2) or (3) of title 42 as if such miner or
widow were the ‘‘insured individual’’ referred to
therein.
(h) The term ‘‘fund’’ means the Black Lung
Disability Trust Fund established by section
9501 of title 26.
(i) For the purposes of subsections (c) and (j)
of section 932 of this title, and for the purposes
of paragraph (7) of subsection (d) of section 9501
of title 26, the term ‘‘claim denied’’ means a
claim—
(1) for benefits under part B of this subchapter that was denied by the official responsible for administration of such part; or
(2) in which (A) the claimant was notified by
the Department of Labor of an administrative
or informal denial more than 1 year prior to
March 1, 1978, and did not, within 1 year from
the date of notification of such denial, request
a hearing, present additional evidence or indicate an intention to present additional evidence, or (B) the claim was denied under the
law in effect prior to March 1, 1978, following
a formal hearing or administrative or judicial
review proceeding.
(Pub. L. 91–173, title IV, § 402, Dec. 30, 1969, 83
Stat. 792; Pub. L. 92–303, §§ 1(c)(2)–(4), 3(b), 4(a),
May 19, 1972, 86 Stat. 151–153; Pub. L. 95–239, § 2,
Mar. 1, 1978, 92 Stat. 95; Pub. L. 96–88, title V,
§ 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–119,
title I, § 104(b)(1), title II, § 205(b), Dec. 29, 1981, 95
Stat. 1639, 1645; Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(1),
Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275,
§ 2(b)(1), Nov. 2, 2002, 116 Stat. 1925.)
REFERENCES IN TEXT
Section 416(c)(1), (2), (3), (4), or (5) of title 42, referred
to in subsec. (e), was redesignated section 416(c)(1)(A),
(B), (C), (D), and (E) by Pub. L. 108–203, title IV,
§ 414(a)(2), (4), Mar. 2, 2004, 118 Stat. 529.
Section 945 of this title, referred to in subsec.
(f)(2)(A), (B), was repealed by Pub. L. 107–275, § 2(c)(1),
Nov. 2, 2002, 116 Stat. 1926.
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–275, § 2(b)(1)(A), substituted ‘‘, except where expressly otherwise provided,’’
for ‘‘where used in part C’’.
Subsec. (f)(1). Pub. L. 107–275, § 2(b)(1)(B), inserted
‘‘, which were in effect on November 2, 2002,’’ after
‘‘Secretary of Health and Human Services’’.
Subsec. (f)(2)(A). Pub. L. 107–275, § 2(b)(1)(C)(ii), struck
out comma after ‘‘Secretary of Labor’’.
Pub. L. 107–275, § 2(b)(1)(C)(i), substituted ‘‘arising
under part B of this subchapter’’ for ‘‘which is subject
to review by the Secretary of Health and Human Services,’’.
Subsec. (i)(1). Pub. L. 107–275, § 2(b)(1)(D), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘denied by the Social Security Administration; or’’.
1994—Subsec. (c). Pub. L. 103–296 substituted ‘‘where
used in part C means the Secretary of Labor’’ for
‘‘where used in part B means the Secretary of Health,
Education, and Welfare, and where used in part C
means the Secretary of Labor’’.
1986—Subsecs. (h), (i). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was

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TITLE 30—MINERAL LANDS AND MINING

translated as ‘‘title 26’’ thus requiring no change in
text.
1981—Subsec. (h). Pub. L. 97–119, § 104(b)(1), substituted ‘‘by section 9501 of title 26’’ for ‘‘in section
934a(a)(1) of this title’’.
Subsec. (i). Pub. L. 97–119, § 205(b), added subsec. (i).
1978—Subsec. (b). Pub. L. 95–239, § 2(a), substituted ‘‘a
chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment’’ for ‘‘a chronic dust
disease of the lung arising out of employment in a coal
mine’’.
Subsec. (d). Pub. L. 95–239, § 2(b), substituted ‘‘any individual who works or has worked in or around a coal
mine or coal preparation facility in the extraction or
preparation of coal’’ for ‘‘any individual who is or was
employed in a coal mine’’ and inserted provisions that
extended to definition of the term ‘‘miner’’ so as to include also an individual who works or has worked in
coal mine construction or transportation in or around
a coal mine, to the extent that such individual was exposed to coal dust as a result of such employment.
Subsec. (f). Pub. L. 95–239, § 2(c), designated existing
provisions as pars. (1)(A) and (1)(C), inserted references
in the provisions preceding par. (1)(A) to regulations
promulgated by the Secretary of Labor for claims
under part C of this subchapter and to the relevant provisions of subsecs. (b) and (d) of section 923 of this title,
and added pars. (1)(B), (1)(D), and (2).
Subsec. (h). Pub. L. 95–239, § 2(d), added subsec. (h).
1972—Subsec. (a). Pub. L. 92–303, § 1(c)(2), expanded
definition of ‘‘dependent’’ to include children and wife
without reference to section 8110 of title 5.
Subsecs. (b), (d). Pub. L. 92–303, § 3(b), substituted ‘‘a
coal mine’’ for ‘‘an underground coal mine’’.
Subsec. (e). Pub. L. 92–303, § 1(c)(3), expanded definition of ‘‘widow’’ by reference to title 42 and provided
procedure for the determination of the status.
Subsec. (f). Pub. L. 92–303, § 4(a), expanded definition
of ‘‘total disability’’ to include a miner prevented from
engaging in gainful employment by pneumoconiosis.
Subsec. (g). Pub. L. 92–303, § 1(c)(4), added subsec. (g).
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (f) pursuant to section 509(b) of Pub. L.
96–88 which is classified to section 3508(b) of Title 20,
Education.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–275, § 4, Nov. 2, 2002, 116 Stat. 1928, provided that: ‘‘This Act [amending this section and sections 921 to 924, 925, 932a, and 936 of this title, repealing
sections 904, 924a, and 945 of this title, and enacting
provisions set out as notes under sections 801 and 921 of
this title], and the amendments made by this Act, shall
take effect 90 days after the date of enactment of this
Act [Nov. 2, 2002].’’
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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 205(b) of Pub. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Pub. L. 97–119, set out as a note under section 901 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 3(b) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set out
as a note under section 901 of this title.

§ 921

Amendment by section 4(a) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out
as a note under section 921 of this title.

§ 903. Field offices
(a) The Secretary of Labor shall establish and
operate such field offices as may be necessary to
assist miners and survivors of miners in the filing and processing of claims under this subchapter. Such field offices shall, to the extent
feasible, be reasonably accessible to such miners
and survivors. The Secretary, in connection
with the establishment and operation of field offices, may enter into arrangements with other
Federal departments and agencies, and with
State agencies, for the use of existing facilities
operated by such departments and agencies.
Where the establishment of separate facilities is
not feasible the Secretary may enter into such
arrangements as he deems necessary with the
heads of Federal departments, agencies, and instrumentalities and with State agencies for the
use of existing facilities and personnel under
their control.
(b) There are authorized to be appropriated for
the purposes of subsection (a) such sums as may
be necessary.
(Pub. L. 95–239, § 18, Mar. 1, 1978, 92 Stat. 105.)
CODIFICATION
Section was enacted as part of the Black Lung Benefits Reform Act of 1977, and not as part of the Federal
Mine Safety and Health Act of 1977 which comprises
this chapter or the Black Lung Benefits Act which
comprises this subchapter.
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.

§ 904. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 95–239, § 19, Mar. 1, 1978, 92 Stat. 106,
related to providing information to potential beneficiaries of changes made by Black Lung Benefits Reform Act of 1977.
EFFECTIVE DATE OF REPEAL
Repeal effective 90 days after Nov. 2, 2002, see section
4 of Pub. L. 107–275, set out as an Effective Date of 2002
Amendment note under section 902 of this title.

PART B—CLAIMS FOR BENEFITS FILED ON OR
BEFORE DECEMBER 31, 1973
§ 921. Regulations and presumptions
(a) Promulgation; payment of benefits
The Secretary shall, in accordance with the
provisions of this part, and the regulations promulgated by him under this part, make payments of benefits in respect of total disability of
any miner due to pneumoconiosis, and in respect
of the death of any miner whose death was due
to pneumoconiosis or, except with respect to a
claim filed under part C of this subchapter on or
after the effective date of the Black Lung Benefits Amendments of 1981, who at the time of his
death was totally disabled by pneumoconiosis.
(b) Promulgation of standards determining total
disability
The Secretary shall by regulation prescribe
standards for determining for purposes of sub-

§ 921

TITLE 30—MINERAL LANDS AND MINING

section (a) whether a miner is totally disabled
due to pneumoconiosis and for determining
whether the death of a miner was due to pneumoconiosis. Regulations required by this subsection shall be promulgated and published in
the Federal Register at the earliest practicable
date after December 30, 1969, and in no event
later than the end of the third month following
December 1969. Final regulations required for
implementation of any amendments to this subchapter shall be promulgated and published in
the Federal Register at the earliest practicable
date after the date of enactment of such amendments, and in no event later than the end of the
fourth month following the month in which such
amendments are enacted. Such regulations may
be modified or additional regulations promulgated from time to time thereafter.
(c) Presumptions
For purposes of this section—
(1) If a miner who is suffering or suffered
from pneumoconiosis was employed for ten
years or more in one or more coal mines there
shall be a rebuttable presumption that his
pneumoconiosis arose out of such employment.
(2) If a deceased miner was employed for ten
years or more in one or more coal mines and
died from a respirable disease there shall be a
rebuttable presumption that his death was due
to pneumoconiosis. The provisions of this
paragraph shall not apply with respect to
claims filed on or after the effective date of
the Black Lung Benefits Amendments of 1981.
(3) If a miner is suffering or suffered from a
chronic dust disease of the lung which (A)
when diagnosed by chest roentgenogram,
yields one or more large opacities (greater
than one centimeter in diameter) and would be
classified in category A, B, or C in the International Classification of Radiographs of the
Pneumoconioses by the International Labor
Organization, (B) when diagnosed by biopsy or
autopsy, yields massive lesions in the lung, or
(C) when diagnosis is made by other means,
would be a condition which could reasonably
be expected to yield results described in clause
(A) or (B) if diagnosis had been made in the
manner prescribed in clause (A) or (B), then
there shall be an irrebuttable presumption
that he is totally disabled due to pneumoconiosis or that his death was due to pneumoconiosis, or that at the time of his death he
was totally disabled by pneumoconiosis.1 as
the case may be.
(4) if 2 a miner was employed for fifteen years
or more in one or more underground coal
mines, and if there is a chest roentgenogram
submitted in connection with such miner’s, his
widow’s, his child’s, his parent’s, his brother’s,
his sister’s, or his dependent’s claim under
this subchapter and it is interpreted as negative with respect to the requirements of paragraph (3) of this subsection, and if other evidence demonstrates the existence of a totally
disabling respiratory or pulmonary impairment, then there shall be a rebuttable pre1 So
2 So

in original. The period probably should be a comma.
in original. Probably should be capitalized.

Page 176

sumption that such miner is totally disabled
due to pneumoconiosis, that his death was due
to pneumoconiosis, or that at the time of his
death he was totally disabled by pneumoconiosis. In the case of a living miner, a wife’s
affidavit may not be used by itself to establish
the presumption. The Secretary shall not
apply all or a portion of the requirement of
this paragraph that the miner work in an underground mine where he determines that conditions of a miner’s employment in a coal
mine other than an underground mine were
substantially similar to conditions in an underground mine. The Secretary may rebut
such presumption only by establishing that
(A) such miner does not, or did not, have pneumoconiosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in
connection with, employment in a coal mine.
(5) In the case of a miner who dies on or before March 1, 1978, who was employed for 25
years or more in one or more coal mines before June 30, 1971, the eligible survivors of
such miner shall be entitled to the payment of
benefits, at the rate applicable under section
922(a)(2) of this title, unless it is established
that at the time of his or her death such miner
was not partially or totally disabled due to
pneumoconiosis. Eligible survivors shall, upon
request by the Secretary, furnish such evidence as is available with respect to the
health of the miner at the time of his or her
death. The provisions of this paragraph shall
not apply with respect to claims filed on or
after the day that is 180 days after the effective date of the Black Lung Benefits Amendments of 1981.
(d) Applicability of presumptions
Nothing in subsection (c) shall be deemed to
affect the applicability of subsection (a) in the
case of a claim where the presumptions provided
for therein are inapplicable.
(Pub. L. 91–173, title IV, § 411, Dec. 30, 1969, 83
Stat. 793; Pub. L. 92–303, §§ 3(a), 4(b)(1), (3), (c),
(d), May 19, 1972, 86 Stat. 153, 154; Pub. L. 95–239,
§ 3(a), Mar. 1, 1978, 92 Stat. 96; Pub. L. 97–119,
title II, §§ 202(b), 203(a)(5), Dec. 29, 1981, 95 Stat.
1643, 1644; Pub. L. 103–296, title I, § 108(i)(2), Aug.
15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a), Nov.
2, 2002, 116 Stat. 1925; Pub. L. 111–148, title I,
§ 1556(a), Mar. 23, 2010, 124 Stat. 260.)
REFERENCES IN TEXT
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (a) and (c)(2), (5),
is Jan. 1, 1982, except as otherwise provided. See section
206(a) of Pub. L. 97–119, set out as an Effective Date of
1981 Amendment note under section 901 of this title.
AMENDMENTS
2010—Subsec. (c)(4). Pub. L. 111–148 struck out at end
‘‘The provisions of this paragraph shall not apply with
respect to claims filed on or after the effective date of
the Black Lung Benefits Amendments of 1981.’’
2002—Subsecs. (a), (b), (c)(4), (5). Pub. L. 107–275 substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’ wherever appearing.
1994—Subsecs. (a), (b), (c)(4), (5). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing.
1981—Subsec. (a). Pub. L. 97–119, § 203(a)(5), inserted
‘‘, except with respect to a claim filed under part C of

Page 177

TITLE 30—MINERAL LANDS AND MINING

this subchapter on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘pneumoconiosis or’’.
Subsec. (c)(2), (4). Pub. L. 97–119, § 202(b)(1), inserted
provision that this paragraph not apply with respect to
claims filed on or after the effective date of the Black
Lung Benefits Amendments of 1981.
Subsec. (c)(5). Pub. L. 97–119, § 202(b)(2), inserted provision that this paragraph not apply with respect to
claims filed on or after the day that is 180 days after
the effective date of the Black Lung Benefits Amendments of 1981.
1978—Subsec. (c). Pub. L. 95–239 capitalized and repunctuated the existing paragraphs to change their
construction from that of uncapitalized clauses to complete sentences, and added par. (5).
1972—Subsec. (a). Pub. L. 92–303, § 4(b)(1), substituted
‘‘pneumoconiosis or who at the time of his death was
totally disabled by pneumoconiosis’’ for ‘‘pneumoconiosis’’.
Subsec. (b). Pub. L. 92–303, § 4(d), inserted provision
for the promulgation and publication in the Federal
Register of final regulations and their amendments and
for time limits for publication.
Subsec. (c)(1), (2). Pub. L. 92–303, § 3(a), substituted
‘‘coal mines’’ for ‘‘underground coal mines’’.
Subsec. (c)(3). Pub. L. 92–303, § 4(b)(3), inserted presumption that at the time of death the miner was totally disabled by pneumoconiosis.
Subsec. (c)(4). Pub. L. 92–303, § 4(c), added par. (4).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–148, title I, § 1556(c), Mar. 23, 2010, 124 Stat.
260, provided that: ‘‘The amendments made by this section [amending this section and section 932 of this title]
shall apply with respect to claims filed under part B or
part C of the Black Lung Benefits Act (30 U.S.C. 921 et
seq., 931 et seq.) after January 1, 2005, that are pending
on or after the date of enactment of this Act [Mar. 23,
2010].’’
EFFECTIVE 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 3(a) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set out
as a note under section 901 of this title.
Pub. L. 92–303, § 4(g), May 19, 1972, 86 Stat. 154, provided that: ‘‘The amendments made by this section
[amending this section and sections 901, 902, 923, and 931
of this title] shall be effective as of December 30, 1969.’’
TRANSITIONAL PROVISIONS
Pub. L. 107–275, § 3, Nov. 2, 2002, 116 Stat. 1926, provided that:
‘‘(a) APPLICABILITY.—This section shall apply to the
transfer of all functions relating to the administration
of part B of subchapter IV (30 U.S.C. 901 et seq.) [prob-

§ 921

ably means 30 U.S.C. 921 et seq.] from the Commissioner of Social Security (hereinafter in this section referred to as the ‘Commissioner’) to the Secretary of
Labor, as provided by this Act [see Short Title of 2002
Amendment note set out under section 801 of this title].
‘‘(b) TRANSFER OF ASSETS, LIABILITIES, ETC.—
‘‘(1) The Commissioner shall transfer to the Secretary of Labor all property and records that the Director of the Office of Management and Budget determines relate to the functions transferred to the Secretary of Labor by this Act or amendments made by
this Act.
‘‘(2) Section 1531 of title 31, United States Code,
shall apply in carrying out this Act and amendments
made by this Act, except that, for purposes of carrying out this Act and amendments made by this Act,
the functions of the President under section 1531(b)
shall be performed by the Director of the Office of
Management and Budget unless otherwise directed by
the President.
‘‘(c) CONTINUATION OF ORDERS, DETERMINATIONS,
ETC.—
‘‘(1) This Act shall not affect the validity of any
order, determination, rule, regulation, operating procedure (to the extent applicable to the Secretary of
Labor), or contract that—
‘‘(A) relates to a function transferred by this Act;
and
‘‘(B) is in effect on the date this Act takes effect
[see Effective Date of 2002 Amendment note set out
under section 902 of this title].
‘‘(2) Any order, determination, rule, regulation, operating procedure, or contract described in paragraph
(1) shall—
‘‘(A) apply on and after the effective date of this
Act to the Secretary of Labor; and
‘‘(B) continue in effect, according to its terms,
until it is modified, superseded, terminated, or
otherwise deprived of legal effect by the Secretary
of Labor, a court of competent jurisdiction, or operation of law.
‘‘(d) CONTINUATION OF ADMINISTRATIVE PROCEEDINGS.—
‘‘(1) Any proceeding before the Commissioner involving the functions transferred by this Act that is
pending on the date this Act takes effect shall continue before the Secretary of Labor, except as provided in paragraph (2).
‘‘(2) Any proceeding pending before an Administrative Law Judge or the Appeals Council pursuant to
part B and the applicable regulations of the Secretary of Health and Human Services shall continue
before the Commissioner consistent with the following provisions:
‘‘(A) Any proceeding described in this paragraph
shall continue as if this Act had not been enacted,
and shall include all rights to hearing, administrative review, and judicial review available under
part B and the applicable regulations of the Secretary of Health and Human Services.
‘‘(B) Any decision, order, or other determination
issued in any proceeding described in this subsection shall apply to the Secretary of Labor and
continue in effect, according to its terms, until it is
modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a
court of competent jurisdiction, or operation of
law.
‘‘(C) Nothing in this paragraph shall be deemed to
prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the same extent that such proceeding
could have been discontinued or modified if this
Act had not been enacted.
‘‘(3) Any proceeding before the Secretary of Labor
involving the functions transferred by this Act shall
be subject to the statutory requirements for notice,
hearing, action upon the record, administrative review, and judicial review that apply to similar proceedings before the Commissioner conducted prior to
the enactment of this Act.

§ 922

TITLE 30—MINERAL LANDS AND MINING

‘‘(e) CONTINUATION OF ACTIONS AND CAUSES OF ACTION.—

‘‘(1) Except as provided in paragraphs (2) and (3),
this Act shall not abrogate, terminate, or otherwise
affect any action or cause of action, that—
‘‘(A) relates to a function transferred by this Act;
and
‘‘(B) is pending or otherwise in existence on the
date this Act takes effect [see Effective Date of 2002
Amendment note set out under section 902 of this
title].
‘‘(2) Any action pending before the Commissioner or
any court on the date this Act takes effect that involves a function transferred by this Act shall continue before the Commissioner or court consistent
with the following provisions:
‘‘(A) Any proceeding described in this paragraph
shall continue as if this Act had not been enacted.
‘‘(B) Any decision, order, or other determination
issued in any proceeding subject to this paragraph
shall apply to the Secretary of Labor and continue
in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived
of legal effect by the Secretary of Labor, a court of
competent jurisdiction, or operation of law.
‘‘(3) Any cause of action by or against the Commissioner that exists on the date this Act takes effect
and involves any function transferred by this Act
may be asserted by or against the Secretary of Labor
or the United States.
‘‘(f) CONTINUATION OF ACTIONS AGAINST OFFICERS.—No
suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer
of the Social Security Administration, and relating to
a function transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by
or against the Social Security Administration, or by or
against any officer thereof in his official capacity, relating to a function transferred by this Act, shall abate
by reason of enactment of this Act.
‘‘(g) PRESERVATION OF PENALTIES, ETC.—The transfer
of functions under this Act shall not release or extinguish any penalty, forfeiture, liability, prosecution, investigation, or right to initiate a future investigation
or prosecution involving any function transferred by
this Act.’’

§ 922. Payment of benefits
(a) Schedules
Subject to the provisions of subsection (b) of
this section, benefit payments shall be made by
the Secretary under this part as follows:
(1) In the case of total disability of a miner
due to pneumoconiosis, the disabled miner shall
be paid benefits during the disability at a rate
equal to 371⁄2 per centum of the monthly pay rate
for Federal employees in grade GS–2, step 1.
(2) In the case of death of a miner due to pneumoconiosis or, except with respect to a claim
filed under part C of this subchapter on or after
the effective date of the Black Lung Benefits
Amendments of 1981, of a miner receiving benefits under this part, benefits shall be paid to his
widow (if any) at the rate the deceased miner
would receive such benefits if he were totally
disabled.
(3) In the case of the child or children of a
miner whose death is due to pneumoconiosis or,
except with respect to a claim filed under part
C of this subchapter on or after the effective
date of the Black Lung Benefits Amendments of
1981, of a miner who is receiving benefits under
this part at the time of his death or who was totally disabled by pneumoconiosis at the time of
his death, in the case of the child or children of

Page 178

a widow who is receiving benefits under this
part at the time of her death, and in the case of
any child or children entitled to the payment of
benefits under paragraph (5) of section 921(c) of
this title, benefits shall be paid to such child or
children as follows: If there is one such child, he
shall be paid benefits at the rate specified in
paragraph (1). If there is more than one such
child, the benefits paid shall be divided equally
among them and shall be paid at a rate equal to
the rate specified in paragraph (1), increased by
50 per centum of such rate if there are two such
children, by 75 per centum of such rate if there
are three such children, and by 100 per centum of
such rate if there are more than three such children: Provided, That benefits shall only be paid
to a child for so long as he meets the criteria for
the term ‘‘child’’ contained in section 902(g) of
this title: And provided further, That no entitlement to benefits as a child shall be established
under this paragraph (3) for any month for
which entitlement to benefits as a widow is established under paragraph (2).
(4) In the case of an individual entitled to benefit payments under clause (1) or (2) of this subsection who has one or more dependents, the
benefit payments shall be increased at the rate
of 50 per centum of such benefit payments, if
such individual has one dependent, 75 per centum if such individual has two dependents, and
100 per centum if such individual has three or
more dependents.
(5) In the case of the dependent parent or parents of a miner whose death is due to pneumoconiosis, or, except with respect to a claim filed
under part C of this subchapter on or after the
effective date of the Black Lung Benefits
Amendments of 1981, of a miner who is receiving
benefits under this part at the time of his death
or who was totally disabled by pneumoconiosis
at the time of death, and who is not survived at
the time of his death by a widow or a child, in
the case of the dependent surviving brother(s) or
sister(s) of such a miner who is not survived at
the time of his death by a widow, child, or parent, in the case of the dependent parent or parents of a miner (who is not survived at the time
of his or her death by a widow or a child) who
are entitled to the payment of benefits under
paragraph (5) of section 921(c) of this title, or in
the case of the dependent surviving brother(s) or
sister(s) of a miner (who is not survived at the
time of his or her death by a widow, child, or
parent) who are entitled to the payment of benefits under paragraph (5) of section 921(c) of this
title, benefits shall be paid under this part to
such parent(s), or to such brother(s), or sister(s),
at the rate specified in paragraph (3) (as if such
parent(s) or such brother(s) or sister(s), were the
children of such miner). In determining for purposes of this paragraph whether a claimant
bears the relationship as the miner’s parent,
brother, or sister, the Secretary shall apply
legal standards consistent with those applicable
to relationship determination under title II of
the Social Security Act [42 U.S.C. 401 et seq.].
No benefits to a sister or brother shall be payable under this paragraph for any month beginning with the month in which he or she receives
support from his or her spouse, or marries. Benefits shall be payable under this paragraph to a
brother only if he is—

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TITLE 30—MINERAL LANDS AND MINING

(1)(A) under eighteen years of age, or
(B) under a disability as defined in section
223(d) of the Social Security Act [42 U.S.C.
423(d)] which began before the age specified in
section 202(d)(1)(B)(ii) of such Act [42 U.S.C.
402(d)(1)(B)(ii)], or in the case of a student, before he ceased to be a student, or
(C) a student as defined in section 902(g) of
this title; or
(2) who is, at the time of the miner’s death,
disabled as determined in accordance with section 223(d) of the Social Security Act [42
U.S.C. 423(d)], during such disability. Any benefit under this paragraph for a month prior to
the month in which a claim for such benefit is
filed shall be reduced to any extent that may
be necessary, so that it will not render erroneous any benefit which, before the filing of
such claim, the Secretary has certified for
payment for such prior months. As used in
this paragraph, ‘‘dependent’’ means that during the one year period prior to and ending
with such miner’s death, such parent, brother,
or sister was living in the miner’s household,
and was, during such period, totally dependent
on the miner for support. Proof of such support shall be filed by such claimant within two
years after May 1972, or within two years after
the miner’s death, whichever is the later. Any
such proof which is filed after the expiration
of such period shall be deemed to have been
filed within such period if it is shown to the
satisfaction of the Secretary that there was
good cause for failure to file such proof within
such period. The determination of what constitutes ‘‘living in the miner’s household’’,
‘‘totally dependent upon the miner for support,’’ and ‘‘good cause,’’ shall for purposes of
this paragraph be made in accordance with
regulations of the Secretary. Benefit payments under this paragraph to a parent, brother, or sister, shall be reduced by the amount
by which such payments would be reduced on
account of excess earnings of such parent,
brother, or sister, respectively, under section
203(b)–(l) of the Social Security Act [42 U.S.C.
403(b)–(l)], as if the benefit under this paragraph were a benefit under section 202 of such
Act [42 U.S.C. 402].
(6) If an individual’s benefits would be increased under paragraph (4) of this subsection
because he or she has one or more dependents,
and it appears to the Secretary that it would be
in the interest of any such dependent to have
the amount of such increase in benefits (to the
extent attributable to such dependent) certified
to a person other than such individual, then the
Secretary may, under regulations prescribed by
him, certify the amount of such increase in benefits (to the extent so attributable) not to such
individual but directly to such dependent or to
another person for the use and benefit of such
dependent; and any payment made under this
clause, if otherwise valid under this subchapter,
shall be a complete settlement and satisfaction
of all claims, rights, and interests in and to such
payment.
(b) Reduction of benefits
Notwithstanding subsection (a), benefit payments under this section to a miner or his

§ 922

widow, child, parent, brother, or sister shall be
reduced, on a monthly or other appropriate
basis, by an amount equal to any payment received by such miner or his widow, child, parent,
brother, or sister under the workmen’s compensation, unemployment compensation, or disability insurance laws of his State on account of
the disability of such miner due to pneumoconiosis, and the amount by which such payment would be reduced on account of excess
earnings of such miner under section 203(b)
through (l) of the Social Security Act [42 U.S.C.
403(b) to (l)] if the amount paid were a benefit
payable under section 202 of such Act [42 U.S.C.
402]. This part shall not be considered a workmen’s compensation law or plan for purposes of
section 224 of such Act [42 U.S.C. 424a].
(c) Reporting of income
Benefits payable under this part shall be
deemed not to be income for purposes of the Internal Revenue Code of 1986.
(Pub. L. 91–173, title IV, § 412, Dec. 30, 1969, 83
Stat. 794; Pub. L. 92–303, §§ 1(b)(1), (2), (c)(1), 2(a),
May 19, 1972, 86 Stat. 150, 151, 153; Pub. L. 95–239,
§§ 3(b)(1), 4, Mar. 1, 1978, 92 Stat. 96, 97; Pub. L.
97–119, title II, § 203(a)(1)–(3), (d), Dec. 29, 1981, 95
Stat. 1643, 1644; Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2),
Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a),
Nov. 2, 2002, 116 Stat. 1925.)
REFERENCES IN TEXT
Grade GS–2, referred to in subsec. (a)(1), is contained
in the General Schedule which is set out under section
5332 of Title 5, Government Organization and Employees.
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (a)(2), (3), and (5),
is Jan. 1, 1982, except as otherwise provided. See section
206(a) of Pub. L. 97–119, set out as an Effective Date of
1981 Amendment note under section 901 of this title.
The Social Security Act, referred to in subsec. (a)(5),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
Title II of that Act is classified generally to subchapter
II (§ 401 et seq.) of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified to Title 26, Internal Revenue Code.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–275 substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’ wherever appearing.
1994—Subsec. (a). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever
appearing.
1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
1981—Subsec. (a)(1). Pub. L. 97–119, § 203(d), substituted ‘‘371⁄2 per centum of the monthly pay rate for
Federal employees in grade GS–2, step 1’’ for ‘‘50 per
centum of the minimum monthly payment to which a
Federal employee in grade GS–2, who is totally disabled, is entitled at the time of payment under chapter
81 of title 5’’.
Subsec. (a)(2). Pub. L. 97–119, § 203(a)(1), inserted
‘‘, except with respect to a claim filed under part C of
this subchapter on or after the effective date of the
Black Lung Amendments of 1981,’’ after ‘‘pneumoconiosis or’’.
Subsec. (a)(3). Pub. L. 97–119, § 203(a)(2), inserted
‘‘, except with respect to a claim filed under part C of

§ 923

TITLE 30—MINERAL LANDS AND MINING

this subchapter on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘pneumoconiosis or’’ and substituted ‘‘time of his death or’’
for ‘‘time of his death, or’’.
Subsec. (a)(5). Pub. L. 97–119, § 203(a)(3), inserted
‘‘, except with respect to a claim filed under part C of
this subchapter on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘pneumoconiosis, or’’ and substituted ‘‘time of his death or
who was totally’’ for ‘‘time of his death, or of a miner
who was totally’’.
1978—Subsec. (a)(3). Pub. L. 95–239, § 3(b)(1)(A), inserted reference to any child or children entitled to the
payment of benefits under paragraph (5) of section
921(c) of this title.
Subsec. (a)(5). Pub. L. 95–239, § 3(b)(1)(B), inserted references to the payment of benefits under par. (5) of section 921(c) of this title.
Subsec. (b). Pub. L. 95–239, § 4, substituted ‘‘on account of the disability of such miner due to pneumoconiosis’’ for ‘‘on account of the disability of such
miner’’.
1972—Subsec. (a)(3), (4). Pub. L. 92–303, § 1(b)(1), added
par. (3) and redesignated former par. (3) as par. (4).
Subsec. (a)(5), (6). Pub. L. 92–303, § 1(b)(2), added pars.
(5) and (6).
Subsec. (b). Pub. L. 92–303, §§ 1(c)(1), 2(a), substituted
‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’
wherever appearing, and inserted provision that this
part would not be considered as a workmen’s compensation law or plan for purposes of section 224 of such Act.
EFFECTIVE 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–303, § 2(b), May 19, 1972, 86 Stat. 153, provided that: ‘‘The amendment made by this section
[amending this section] shall be effective as of December 30, 1969.’’
CALCULATION OF MONTHLY BENEFIT PAYMENTS
Pub. L. 103–333, title V, § 512, Sept. 30, 1994, 108 Stat.
2573, provided that: ‘‘Notwithstanding any other provision of law, monthly benefit rates during fiscal year
1995 and thereafter under part B or part C of the Black
Lung Benefits Act [30 U.S.C. 921 et seq., 931 et seq.]
shall continue to be based on the benefit rates in effect
in September, 1994 and be paid in accordance with the
Act, until exceeded by the benefit rate specified in section 412(a)(1) of the Act [30 U.S.C. 922(a)(1)].’’
Pub. L. 103–112, title V, § 508(a), Oct. 21, 1993, 107 Stat.
1113, provided that: ‘‘Notwithstanding any other provision of law, monthly benefit payments under part B or
part C of the Black Lung Benefits Act [30 U.S.C. 921 et
seq., 931 et seq.] for months after December 1993 and before October 1994 shall be calculated as though the provisions of Federal law prescribing pay rates for Federal
employees continued in effect, without amendment to
or limitation of such provisions, after January 1993.’’

Page 180

§ 923. Filing of notice of claim
(a) Promulgation of regulations; time requirement
Except as otherwise provided in section 924 of
this title, no payment of benefits shall be made
under this part except pursuant to a claim filed
therefor on or before December 31, 1973, in such
manner, in such form, and containing such information, as the Secretary shall by regulation
prescribe.
(b) Utilization of personnel and procedures; evidence required to establish claim; medical
evidence; affidavits; autopsy reports; reimbursement of expenses
No claim for benefits under this part shall be
denied solely on the basis of the results of a
chest roentgenogram. In determining the validity of claims under this part, all relevant evidence shall be considered, including, where relevant, medical tests such as blood gas studies,
X-ray examination, electrocardiogram, pulmonary function studies, or physical performance tests, and any medical history, evidence
submitted by the claimant’s physician, or his
wife’s affidavits, and in the case of a deceased
miner, other appropriate affidavits of persons
with knowledge of the miner’s physical condition, and other supportive materials. Where
there is no medical or other relevant evidence in
the case of a deceased miner, such affidavits,
from persons not eligible for benefits in such
case with respect to claims filed on or after the
effective date of the Black Lung Benefits
Amendments of 1981, shall be considered to be
sufficient to establish that the miner was totally disabled due to pneumoconiosis or that his
or her death was due to pneumoconiosis. In any
case, other than that involving a claim filed on
or after the effective date of the Black Lung
Benefits Amendments of 1981, in which there is
other evidence that a miner has a pulmonary or
respiratory impairment, the Secretary shall accept a board certified or board eligible radiologist’s interpretation of a chest roentgenogram
which is of a quality sufficient to demonstrate
the presence of pneumoconiosis submitted in
support of a claim for benefits under this subchapter if such roentgenogram has been taken
by a radiologist or qualified technician, except
where the Secretary has reason to believe that
the claim has been fraudulently represented. In
order to insure that any such roentgenogram is
of adequate quality to demonstrate the presence
of pneumoconiosis, and in order to provide for
uniform quality in the roentgenograms, the Secretary of Labor may, by regulation, establish
specific requirements for the techniques used to
take roentgenograms of the chest. Unless the
Secretary has good cause to believe that an autopsy report is not accurate, or that the condition of the miner is being fraudulently misrepresented, the Secretary shall accept such autopsy
report concerning the presence of pneumoconiosis and the stage of advancement of pneumoconiosis. Claimants under this part shall be
reimbursed for reasonable medical expenses incurred by them in establishing their claims. For
purposes of determining total disability under
this part, the provisions of subsections (a), (b),

Page 181

TITLE 30—MINERAL LANDS AND MINING

(c), (d), and (g) of section 221 of such Act [42
U.S.C. 421(a) to (d), (g)] shall be applicable. The
provisions of sections 204, 205(a), (b), (d), (e), (g),
(h), (j), (k), (l), and (n), 206, 207, and 208 of the Social Security Act [42 U.S.C. 404, 405(a), (b), (d),
(e), (g), (h), (j), (k), (l), and (n), 406, 407, 408] shall
be applicable under this part with respect to a
miner, widow, child, parent, brother, sister, or
dependent, as if benefits under this part were
benefits under title II of such Act [42 U.S.C. 401
et seq.]. Each miner who files a claim for benefits under this subchapter shall upon request be
provided an opportunity to substantiate his or
her claim by means of a complete pulmonary
evaluation.
(c) Filing of claim for workmen’s compensation;
necessity; exceptions
No claim for benefits under this section shall
be considered unless the claimant has also filed
a claim under the applicable State workmen’s
compensation law prior to or at the same time
his claim was filed for benefits under this section; except that the foregoing provisions of this
paragraph shall not apply in any case in which
the filing of a claim under such law would clearly be futile because the period within which
such a claim may be filed thereunder has expired or because pneumoconiosis is not compensable under such law, or in any other situation
in which, in the opinion of the Secretary, the filing of a claim would clearly be futile.
(d) Employment termination and benefits entitlement
No miner who is engaged in coal mine employment shall (except as provided in section
921(c)(3) of this title) be entitled to any benefits
under this part while so employed. Any miner
who has been determined to be eligible for benefits pursuant to a claim filed while such miner
was engaged in coal mine employment shall be
entitled to such benefits if his or her employment terminates within one year after the date
such determination becomes final.
(Pub. L. 91–173, title IV, § 413, Dec. 30, 1969, 83
Stat. 794; Pub. L. 92–303, §§ 1(c)(5)(A), 4(f), 5(2),
May 19, 1972, 86 Stat. 152, 154, 155; Pub. L. 95–239,
§ 5, Mar. 1, 1978, 92 Stat. 97; Pub. L. 97–119, title
II, § 202(a), (c), Dec. 29, 1981, 95 Stat. 1643; Pub. L.
103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat.
1488; Pub. L. 107–275, § 2(a), (b)(2), Nov. 2, 2002, 116
Stat. 1925.)
REFERENCES IN TEXT
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (b), is Jan. 1, 1982,
except as otherwise provided. See section 206(a) of Pub.
L. 97–119, set out as an Effective Date of 1981 Amendment note under section 901 of this title.
The Social Security Act, referred to in subsec. (b), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title
II of this Act is classified generally to subchapter II
(§ 401 et seq.) of chapter 7 of Title 42, The Public Health
and Welfare. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.

§ 923

extent feasible (and consistent with the provisions of
this part) utilize the personnel and procedures he uses
in determining entitlement to disability insurance benefit payments under section 223 of the Social Security
Act, but no’’.
Pub. L. 107–275, § 2(a), substituted ‘‘Secretary has’’ for
‘‘Commissioner of Social Security has’’ in two places
and ‘‘Secretary shall’’ for ‘‘Commissioner of Social Security shall’’ in two places.
Subsec. (c). Pub. L. 107–275, § 2(a), substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
1994—Subsecs. (a) to (c). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary’’
wherever appearing, except in reference to Secretary of
Labor.
1981—Subsec. (b). Pub. L. 97–119, § 202(a), (c), inserted
‘‘, from persons not eligible for benefits in such case
with respect to claims filed on or after the effective
date of the Black Lung Benefits Amendments of 1981,’’
after ‘‘such affidavits’’ and ‘‘, other than that involving a claim filed on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘In
any case’’.
1978—Subsec. (b). Pub. L. 95–239, § 5(a), (b), (c), provided that, in the case of a deceased miner where there
is no medical or other relevant evidence, the affidavits
be considered sufficient to establish that the miner was
totally disabled due to pneumoconiosis or that death
was due to pneumoconiosis, directed the Secretary to
accept a board certified or board eligible radiologist’s
interpretation of a chest roentgenogram in cases in
which there is other evidence that a miner has a pulmonary or respiratory impairment, provided for regulations covering roentgenogram techniques, provided for
acceptance by the Secretary of an autopsy report concerning the presence of pneumoconiosis and the stage
of advancement of that pneumoconiosis, directed that
each miner who files a claim for benefits under this
subchapter be provided upon request an opportunity to
substantiate the claim by means of a complete pulmonary evaluation, and, in the reference to the various
subsections of section 405 of Title 42, struck out reference to subsec. (f) and inserted reference to subsec.
(n).
Subsec. (d). Pub. L. 95–239, § 5(d), added subsec. (d).
1972—Subsec. (a). Pub. L. 92–303, § 5(2), substituted
‘‘1973’’ for ‘‘1972’’.
Subsec. (b). Pub. L. 92–303, §§ 1(c)(5)(A), 4(f), inserted
provisions making sections 404 to 408 of title 42 applicable, and for a more liberal consideration of claims for
benefits.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendments 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT

AMENDMENTS

Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

2002—Subsec. (a). Pub. L. 107–275, § 2(a), substituted
‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
Subsec. (b). Pub. L. 107–275, § 2(b)(2), substituted ‘‘No’’
for ‘‘In carrying out the provisions of this part, the
Commissioner of Social Security shall to the maximum

Amendment by section 4(f) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out
as a note under section 921 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

§ 924

TITLE 30—MINERAL LANDS AND MINING

EFFECTIVE DATE FOR THE APPLICATION OF SECTION 405
OF TITLE 42
Pub. L. 92–303, § 1(c)(5)(B), May 19, 1972, 86 Stat. 152,
provided that: ‘‘Only section 205(b), (g), and (h) of those
sections of the Social Security Act [section 405(b), (g),
and (h) of Title 42, The Public Health and Welfare] recited in subparagraph (A) of this paragraph [amending
this section] shall be effective as of the date provided
in subsection (d) of this section.’’
[There is no subsec. (d) in section 1 of Pub. L. 92–303
as it was enacted. However, Senate Report No. 92–743,
at page 30, refers to such a subsec. (d) applying the provisions of section of Pub. L. 92–303 retroactively to Dec.
30, 1969.]

§ 924. Time for filing claims
(a) Claims filed before December 31, 1973
(1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December
31, 1973, or, in the case of a claimant who is a
widow, within six months after the death of her
husband or by December 31, 1973, whichever is
the later.
(2) In the case of a claim by a child this paragraph shall apply, notwithstanding any other
provision of this part.
(A) If such claim is filed within six months following May 1972, and if entitlement to benefits
is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child
would have been first eligible for such benefit
payments had section 922(a)(3) of this title been
applicable since December 30, 1969, whichever is
the lesser period. If on the date such claim is
filed the claimant is not eligible for benefit payments, but was eligible at any period of time
during the period from December 30, 1969, to the
date such claim is filed, entitlement shall be effective for the duration of eligibility during
such period.
(B) If such claim is filed after six months following May 1972, and if entitlement to benefits
is established pursuant to such claim, such entitlement shall be effective retroactively from a
date twelve months preceding the date such
claim is filed, or from the date such child would
have been first eligible for such benefit payments had section 922(a)(3) of this title been applicable since December 30, 1969, whichever is
the lesser period. If on the date such claim is
filed the claimant is not eligible for benefit payments, but was eligible at any period of time
during the period from a date twelve months
preceding the date such claim is filed, to the
date such claim is filed, entitlement shall be effective for the duration of eligibility during
such period.
(C) No claim for benefits under this part, in
the case of a claimant who is a child, shall be
considered unless it is filed within six months
after the death of his father or mother (whichever last occurred) or by December 31, 1973,
whichever is the later.
(D) Any benefit under subparagraph (A) or (B)
for a month prior to the month in which a claim
is filed shall be reduced, to any extent that may
be necessary, so that it will not render erroneous any benefit which, before the filing of
such claim, the Secretary has certified for payment for such prior month.

Page 182

(3) No claim for benefits under this part, in the
case of a claimant who is a parent, brother, or
sister shall be considered unless it is filed within
six months after the death of the miner or by
December 31, 1973, whichever is the later.
(b) Filing of claims after June 30, 1973
No benefits shall be paid under this part after
December 31, 1973, if the claim therefor was filed
after June 30, 1973.
(c) Effective date of claims
No benefits under this part shall be payable
for any period prior to the date a claim therefor
is filed.
(d) Reduction of State benefits
No benefits shall be paid under this part to the
residents of any State which, after December 30,
1969, reduces the benefits payable to persons eligible to receive benefits under this part, under
its State laws which are applicable to its general work force with regard to workmen’s compensation, unemployment compensation, or disability insurance.
(e) Conditions upon payment
No benefits shall be payable to a widow, child,
parent, brother, or sister under this part on account of the death of a miner unless (1) benefits
under this part were being paid to such miner
with respect to disability due to pneumoconiosis
prior to his death, (2) the death of such miner
occurred prior to January 1, 1974, or (3) any such
individual is entitled to benefits under paragraph (5) of section 921(c) of this title.
(Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83
Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3),
May 19, 1972, 86 Stat. 151, 152, 155; Pub. L. 95–239,
§ 3(b)(2), Mar. 1, 1978, 92 Stat. 97; Pub. L. 103–296,
title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488;
Pub. L. 107–275, § 2(a), Nov. 2, 2002, 116 Stat. 1925.)
AMENDMENTS
2002—Subsec. (a)(2)(D). Pub. L. 107–275 substituted
‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
1994—Subsec. (a)(2)(D). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary’’.
1978—Subsec. (e). Pub. L. 95–239 added cl. (3) relating
to individuals entitled to benefits under par. (5) of section 921(c) of this title.
1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), designated existing provisions as par. (1) and added pars.
(2) and (3), and in par. (1) substituted ‘‘1973’’ for ‘‘1972’’
wherever appearing.
Subsec. (b). Pub. L. 92–303, §§ 5(1), (2), substituted
‘‘June 30, 1973’’ for ‘‘December 31, 1971’’ and ‘‘December
31, 1973’’ for ‘‘December 31, 1971’’.
Subsec. (e). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted
‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’
and ‘‘1974’’ for ‘‘1973’’.
EFFECTIVE 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.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

Page 183

TITLE 30—MINERAL LANDS AND MINING

§ 924a. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 95–239, § 11, Mar. 1, 1978, 92 Stat. 101,
related to notification to miners of eligibility for medical services and supplies and the period for filing a
claim.
EFFECTIVE DATE OF REPEAL
Repeal effective 90 days after Nov. 2, 2002, see section
4 of Pub. L. 107–275, set out as an Effective Date of 2002
Amendment note under section 902 of this title.

§ 925. Procedure for the determination of claims
during transition period
(a) Notwithstanding any other provision in
this subchapter, for the purpose of assuring the
uninterrupted receipt of benefits by claimants
at such time as responsibility for administration of the benefits program is assumed by either a State workmen’s compensation agency or
the Secretary of Labor, any claim for benefits
under this part filed during the period from July
1, 1973 to December 31, 1973, shall be considered
and determined in accordance with the procedures of this section. With respect to any such
claim—
(1) Such claim shall be determined and,
where appropriate under this part or section
9501(d) of title 26, benefits shall be paid with
respect to such claim by the Secretary of
Labor.
(2) The Secretary of Labor shall promptly
notify any operator who he believes, on the
basis of information contained in the claim, or
any other information available to him, may
be liable to pay benefits to the claimant under
part C of this subchapter for any month after
December 31, 1973.
(3) In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of section 919 of title
33.
(4) Any operator who has been notified of the
pendency of a claim under paragraph (2) of
this subsection shall be bound by the determination of the Secretary of Labor on such
claim as if the claim had been filed pursuant
to part C of this subchapter and section 932 of
this title had been applicable to such operator.
Nothing in this paragraph shall require any
operator to pay any benefits for any month
prior to January 1, 1974.
(b) The Secretary of Labor may issue such regulations as are necessary or appropriate to carry
out the purpose of this section.
(Pub. L. 91–173, title IV, § 415, as added Pub. L.
92–303, § 7, May 19, 1972, 86 Stat. 156; amended
Pub. L. 97–119, title I, § 104(b)(2), Dec. 29, 1981, 95
Stat. 1639; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), Aug.
15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(b)(3),
Nov. 2, 2002, 116 Stat. 1925.)
AMENDMENTS
2002—Subsec. (a)(2) to (5). Pub. L. 107–275, § 2(b)(3)(A),
redesignated pars. (3) to (5) as (2) to (4), respectively,
substituted ‘‘paragraph (2)’’ for ‘‘paragraph 4’’ in par.
(4), and struck out former par. (2) which read as follows: ‘‘The manner and place of filing such claim shall

§ 931

be in accordance with regulations issued jointly by the
Commissioner of Social Security and the Secretary of
Labor, which regulations shall provide, among other
things, that such claims may be filed in district offices
of the Social Security Administration and thereafter
transferred to the jurisdiction of the Department of
Labor for further consideration.’’
Subsec. (b). Pub. L. 107–275, § 2(b)(3)(B), struck out
‘‘, after consultation with the Commissioner of Social
Security,’’ after ‘‘Secretary of Labor’’.
1994—Subsecs. (a)(2), (b). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary of
Health, Education, and Welfare’’.
1986—Subsec. (a)(1). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code
of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text.
1981—Subsec. (a)(1). Pub. L. 97–119 substituted ‘‘section 9501(d) of title 26’’ for ‘‘section 934 of this title’’.
EFFECTIVE 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.

PART C—CLAIMS FOR BENEFITS AFTER
DECEMBER 31, 1973
§ 931. Benefits under State workmen’s compensation laws
(a) Filing
On and after January 1, 1974, any claim for
benefits for death or total disability due to
pneumoconiosis shall be filed pursuant to the
applicable State workmen’s compensation law,
except that during any period when miners or
their surviving widows, children, parents, brothers, or sisters, as the case may be, are not covered by a State workmen’s compensation law
which provides adequate coverage for pneumoconiosis, and in any case in which benefits based
upon eligibility under paragraph (5) of section
921(c) of this title are involved.1 they shall be
entitled to claim benefits under this part.
(b) Adequacy of compensation; listing of States
providing adequate compensation; requisites
for listing
(1) For purposes of this section, a State workmen’s compensation law shall not be deemed to
provide adequate coverage for pneumoconiosis
during any period unless it is included in the list
of State laws found by the Secretary to provide
such adequate coverage during such period. The
Secretary shall, no later than October 1, 1972,
publish in the Federal Register a list of State
workmen’s compensation laws which provide
adequate coverage for pneumoconiosis and shall
revise and republish in the Federal Register
such list from time to time, as may be appropriate to reflect changes in such State laws due
to legislation or judicial or administrative interpretation.
(2) The Secretary shall include a State workmen’s compensation law on such list during any
period only if he finds that during such period
under such law—
1 So

in original. The period probably should be a comma.

§ 932

TITLE 30—MINERAL LANDS AND MINING

(A) benefits must be paid for total disability
or death of a miner due to pneumoconiosis, except that (i) such law shall not be required to
provide such benefits where the miner’s last
employment in a coal mine terminated before
the Secretary’s approval of the State law pursuant to this section; and (ii) each operator of
a coal mine shall secure the payment of benefits pursuant to section 933 of this title with
respect to any miner whose last employment
in a coal mine terminated before the Secretary’s approval of the State law pursuant to
this section;
(B) the amount of such cash benefits is substantially equivalent to or greater than the
amount of benefits prescribed by section 922(a)
of this title;
(C) the standards for determining death or
total disability due to pneumoconiosis are
substantially equivalent to section 902(f) of
this title and to those standards established
under this part, and by the regulations of the
Secretary promulgated under this part;
(D) any claim for benefits on account of
total disability of a miner due to pneumoconiosis is deemed to be timely filed if such
claim is filed within three years after a medical determination of total disability due to
pneumoconiosis;
(E) there are in effect provisions with respect to prior and successor operators which
are substantially equivalent to the provisions
contained in section 932(i) of this title; and
(F) there are applicable such other provisions, regulations or interpretations, which
are consistent with the provisions contained
in Public Law 803, 69th Congress (44 Stat. 1424,
approved March 4, 1927), as amended [33 U.S.C.
901 et seq.], which are applicable under section
932(a) of this title, but are not inconsistent
with any of the criteria set forth in subparagraphs (A) through (E) of this paragraph, as
the Secretary, in accordance with regulations
promulgated by him, determines to be necessary or appropriate to assure adequate compensation for total disability or death due to
pneumoconiosis.
The action of the Secretary in including or failing to include any State workmen’s compensation law on such list shall be subject to judicial
review exclusively in the United States court of
appeals for the circuit in which the State is located or the United States Court of Appeals for
the District of Columbia.
(c) Publication in Federal Register; review of
listings
Final regulations required for implementation
of any amendments to this part shall be promulgated and published in the Federal Register at
the earliest practicable date after the date of enactment of such amendments, and in no event
later than the end of the sixth month following
the month in which such amendments are enacted.
(Pub. L. 91–173, title IV, § 421, Dec. 30, 1969, 83
Stat. 795; Pub. L. 92–303, §§ 1(c)(1), 4(e), 5(3), (5),
May 19, 1972, 86 Stat. 151, 154, 155; Pub. L. 95–239,
§§ 3(b)(3), 6, Mar. 1, 1978, 92 Stat. 97, 98.)

Page 184

REFERENCES IN TEXT
Public Law 803, 69th Congress, referred to in subsec.
(b)(2)(F), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as
amended, popularly known as the Longshore and Harbor Workers’ Compensation Act, which is classified
generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification
of this Act to the Code, see section 901 of Title 33 and
Tables.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–239, § 3(b)(3), inserted reference to cases in which benefits based upon eligibility
under par. (5) of section 921(c) of this title are involved.
Subsec. (b)(2)(A). Pub. L. 95–239, § 6(a), added the exceptions set out in cls. (i) and (ii).
Subsec. (b)(2)(C). Pub. L. 95–239, § 6(b), substituted
‘‘established under this part, and by the regulations of
the Secretary promulgated under this part’’ for ‘‘established under part B of this subchapter, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder’’.
Subsec. (b)(2)(D). Pub. L. 95–239, § 6(c), substituted
‘‘total disability of a miner due to pneumoconiosis is
deemed to be timely filed if such claim is filed within
three years after a medical determination of total disability due to pneumoconiosis’’ for ‘‘total disability or
death of a miner due to pneumoconiosis is deemed to be
timely filed if such claim is filed within three years of
the discovery of total disability due to pneumoconiosis,
or the date of such death, as the case may be’’.
1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted ‘‘widows, children, parents, brothers, or sisters, as the case may be,’’ for ‘‘widows’’ and ‘‘1974’’ for
‘‘1973’’.
Subsec. (b)(2)(C). Pub. L. 92–303, § 4(e), substituted
‘‘section 902(f) of this title and to those standards established under part B of this subchapter’’ for ‘‘those
established by section 921 of this title’’.
Subsec. (c). Pub. L. 92–303, § 5(5), added subsec. (c).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 4(e) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out
as a note under section 921 of this title.

§ 932. Failure to meet workmen’s compensation
requirements
(a) Benefits; applicability of Longshore and Harbor Workers’ Compensation Act; promulgation of regulations
Subject to section 28(h)(1) of the Longshore
and Harbor Workers’ Compensation Act Amendments of 1984, during any period after December
31, 1973, in which a State workmen’s compensation law is not included on the list published by
the Secretary under section 931(b) of this title,
the provisions of Public Law 803, 69th Congress
(44 Stat. 1424, approved March 4, 1927), as amended [33 U.S.C. 901 et seq.], and as it may be
amended from time to time (other than the provisions contained in sections 1, 2, 3, 4,,1 8, 9, 10,
12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47,
48, 49, 50, and 51 thereof) [33 U.S.C. 901, 902, 903,
904, 908, 909, 910, 912, 913, 929, 930, 931, 932, 933, 937,
938, 941, 943, 944, 945, 946, 947, 948, 948a, 949, 950],
shall (except as otherwise provided in this subsection or by regulations of the Secretary and
1 So

in original.

Page 185

TITLE 30—MINERAL LANDS AND MINING

except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent with the provisions of section 9501(d) of title 26), be applicable
to each operator of a coal mine in such State
with respect to death or total disability due to
pneumoconiosis arising out of employment in
such mine, or with respect to entitlements established in paragraph (5) of section 921(c) of
this title. In administering this part, the Secretary is authorized to prescribe in the Federal
Register such additional provisions, not inconsistent with those specifically excluded by this
subsection, as he deems necessary to provide for
the payment of benefits by such operator to persons entitled thereto as provided in this part
and thereafter those provisions shall be applicable to such operator.
(b) Liability of operators
During any such period each such operator
shall be liable for and shall secure the payment
of benefits, as provided in this section and section 933 of this title. An employer, other than an
operator of a coal mine, shall not be required to
secure the payment of such benefits with respect
to any employee of such employer to the extent
such employee is engaged in the transportation
of coal or in coal mine construction. Upon determination by the Secretary of the eligibility of
the employee, the Secretary may require such
employer to secure a bond or otherwise guarantee the payment of such benefits to the employee.
(c) Persons entitled to benefits
Benefits shall be paid during such period by
each such operator under this section to the categories of persons entitled to benefits under section 922(a) of this title in accordance with the
regulations of the Secretary applicable under
this section: Provided, That, except as provided
in subsection (i) of this section, no benefit shall
be payable by any operator on account of death
or total disability due to pneumoconiosis (1)
which did not arise, at least in part, out of employment in a mine during a period after December 31, 1969, when it was operated by such operator; or (2) which was the subject of a claim denied before March 1, 1978, and which is or has
been approved in accordance with the provisions
of section 945 2 of this title.
(d) Monthly payments; amounts; accrual of interest
Benefits payable under this section shall be
paid on a monthly basis and, except as otherwise
provided in this section, such payments shall be
equal to the amounts specified in section 922(a)
of this title. If payment is not made within the
time required, interest shall accrue to such
amounts at the rates set forth in section
934(b)(5) of this title for interest owed to the
fund. With respect to payments withheld pending final adjudication of liability, in the case of
claims filed on or after the effective date of the
Black Lung Benefits Amendments of 1981, such
interest shall commence to accumulate 30 days
after the date of the determination that such an
award should be made.
2 See

References in Text note below.

§ 932

(e) Conditions upon payment
No payment of benefits shall be required under
this section:
(1) except pursuant to a claim filed therefor
in such manner, in such form, and containing
such information, as the Secretary shall by
regulation prescribe; or
(2) for any period prior to January 1, 1974.
(f) Limitation on filing of claims
Any claim for benefits by a miner under this
section shall be filed within three years after
whichever of the following occurs later—
(1) a medical determination of total disability due to pneumoconiosis; or
(2) March 1, 1978.
(g) Reduction of monthly benefits
The amount of benefits payable under this section shall be reduced, on a monthly or other appropriate basis, by the amount of any compensation received under or pursuant to any Federal
or State workmen’s compensation law because
of death or disability due to pneumoconiosis. In
addition, the amount of benefits payable under
this section with respect to any claim filed on or
after the effective date of the Black Lung Benefits Amendments of 1981 shall be reduced, on a
monthly or other appropriate basis, by the
amount by which such benefits would be reduced
on account of excess earnings of such miner
under section 403(b) through (l) of title 42 if the
amount paid were a benefit payable under section 402 of title 42.
(h) Promulgation of regulations
The Secretary of Labor shall by regulation establish standards, which may include appropriate presumptions, for determining whether
pneumoconiosis arose out of employment in a
particular coal mine or mines. The Secretary
may also, by regulation, establish standards for
apportioning liability for benefits under this
subsection among more than one operator,
where such apportionment is appropriate.
(i) Subsequent operators’ liability for benefit
payments
(1) During any period in which this section is
applicable to the operator of a coal mine who on
or after January 1, 1970, acquired such mine or
substantially all the assets thereof, from a person (hereinafter in this subsection referred to as
a ‘‘prior operator’’) who was an operator of such
mine, or owner of such assets on or after January 1, 1970, such operator shall be liable for and
shall, in accordance with section 933 of this
title, secure the payment of all benefits which
would have been payable by the prior operator
under this section with respect to miners previously employed by such prior operator as if
the acquisition had not occurred and the prior
operator had continued to be an operator of a
coal mine.
(2) Nothing in this subsection shall relieve any
prior operator of any liability under this section.
(3)(A) For purposes of paragraph (1) of this
subsection, the provisions of this paragraph
shall apply to corporate reorganizations, liquidations, and such other transactions as are
specified in this paragraph.

TITLE 30—MINERAL LANDS AND MINING

§ 932

(B) If an operator ceases to exist by reason of
a reorganization or other transaction or series
of transactions which involves a change in identity, form, or place of business or organization,
however effected, the successor operator or
other corporate or business entity resulting
from such reorganization or other change shall
be treated as the operator to whom this section
applies.
(C) If an operator ceases to exist by reason of
a liquidation into a parent or successor corporation, the parent or successor corporation shall
be treated as the operator to whom this section
applies.
(D) If an operator ceases to exist by reason of
a sale of substantially all his or her assets, or as
the result of a merger, consolidation, or division, the successor operator, corporation, or
other business entity shall be treated as the operator to whom this section applies.
(4) In any case in which there is a determination under section 9501(d) of title 26 that no operator is liable for the payment of benefits to a
claimant, nothing in this subsection may be
construed to require the payment of benefits to
a claimant by or on behalf of any operator.
(j) Failure of operators to secure benefits
Notwithstanding the provisions of this section, section 9501 of title 26 shall govern the payment of benefits in cases—
(1) described in section 9501(d)(1) of title 26;
(2) in which the miner’s last coal mine employment was before January 1, 1970; or
(3) in which there was a claim denied before
March 1, 1978, and such claim is or has been
approved in accordance with the provisions of
section 945 2 of this title.
(k) Secretary as party in claim proceedings
The Secretary shall be a party in any proceeding relative to a claim for benefits under this
part.
(l) Filing of new claims or refiling or revalidation of claims of miners already determined
eligible at time of death
In no case shall the eligible survivors of a
miner who was determined to be eligible to receive benefits under this subchapter at the time
of his or her death be required to file a new
claim for benefits, or refile or otherwise revalidate the claim of such miner,.3
(Pub. L. 91–173, title IV, § 422, Dec. 30, 1969, 83
Stat. 796; Pub. L. 92–303, §§ 3(a), (b), 5(2)–(4), (9),
8, May 19, 1972, 86 Stat. 153, 155–157; Pub. L.
95–239, §§ 3(b)(4), 7(a)–(h), Mar. 1, 1978, 92 Stat.
97–99; Pub. L. 97–119, title I, § 104(b)(3)–(5), title
II, §§ 203(a)(6), (b), 204, 205(a), Dec. 29, 1981, 95
Stat. 1639, 1644, 1645; Pub. L. 98–426, § 28(h)(2),
Sept. 28, 1984, 98 Stat. 1655; Pub. L. 99–514, § 2,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 111–148, title
I, § 1556(b), Mar. 23, 2010, 124 Stat. 260.)
REFERENCES IN TEXT
Section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, referred to
in subsec. (a), is section 28(h)(1) of Pub. L. 98–426, which
is set out as a note under section 907 of Title 33, Navigation and Navigable Waters.
3 So

in original.

Page 186

Public Law 803, 69th Congress, referred to in subsec.
(a), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended,
popularly known as the Longshore and Harbor Workers’ Compensation Act, which is classified generally to
chapter 18 (§ 901 et seq.) of Title 33. For complete classification of this Act to the Code, see section 901 of Title
33 and Tables.
Section 42 of Public Law 803, referred to in subsec.
(a), was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966,
80 Stat. 647.
Section 43 of Public Law 803, referred to in subsec.
(a), was repealed by Pub. L. 89-348, § 1(15), Nov. 8, 1965,
79 Stat. 1311.
Sections 45, 46, and 47 of Public Law 803, referred to
in subsec. (a), were repealed by Pub. L. 98–426, § 25, Sept.
28, 1984, 98 Stat. 1654.
Section 945 of this title, referred to in subsecs. (c),
(j)(3), was repealed by Pub. L. 107–275, § 2(c)(1), Nov. 2,
2002, 116. Stat. 1926.
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (d) and (g), is Jan.
1, 1982, except as otherwise provided. See section 206(a)
of Pub. L. 97–119, set out as an Effective Date of 1981
Amendment note under section 901 of this title.
AMENDMENTS
2010—Subsec. (l). Pub. L. 111–148 struck out ‘‘, except
with respect to a claim filed under this part on or after
the effective date of the Black Lung Benefits Amendments of 1981’’ after ‘‘claim of such miner’’.
1986—Subsecs. (a), (i)(4), (j). Pub. L. 99–514 substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’ wherever appearing, which for purposes of
codification was translated as ‘‘title 26’’ thus requiring
no change in text.
1984—Subsec. (a). Pub. L. 98–426 substituted ‘‘Subject
to section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, during’’ for
‘‘During’’.
1981—Subsec. (a). Pub. L. 97–119, § 104(b)(3), substituted ‘‘section 9501(d) of title 26’’ for ‘‘section 934 of
this title’’.
Subsec. (c). Pub. L. 97–119, § 205(a)(1), substituted ‘‘due
to pneumoconiosis (1)’’ for ‘‘due to pneumoconiosis’’
and added cl. (2).
Subsec. (d). Pub. L. 97–119, § 204, inserted provision relating to accrual of interest if payment is not made
within the time required and accumulation of interest
with respect to payments withheld pending final adjudication of liability in the case of claims filed on or
after the effective date of the Black Lung Benefits
Amendments of 1981.
Subsec. (g). Pub. L. 97–119, § 203(b), inserted provision
reducing the amount of benefits payable under this section with respect to any claim filed on or after the effective date of the Black Lung Benefits Amendments of
1981.
Subsec. (i)(4). Pub. L. 97–119, § 104(b)(4), substituted
‘‘section 9501(d) of title 26’’ for ‘‘section 934 of this
title’’.
Subsec. (j). Pub. L. 97–119, §§ 104(b)(5), 205(a)(2), substituted in provision preceding par. (1) ‘‘section 9501 of
title 26’’ for ‘‘section 934 of this title’’ and in par. (1)
‘‘section 9501(d)(1) of title 26’’ for ‘‘section 934(a)(1) of
this title’’ and added par. (3).
Subsec. (l). Pub. L. 97–119, § 203(a)(6), inserted before
period at end ‘‘, except with respect to a claim filed
under this part on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’.
1978—Subsec. (a). Pub. L. 95–239, §§ 3(b)(4), 7(a), inserted ‘‘, and as it may be amended from time to time’’
after ‘‘as amended’’, inserted a comma after ‘‘and 51
thereof)’’, substituted ‘‘or by regulations of the Secretary and except that references in such Act to the
employer shall be considered to refer to the trustees of
the fund, as the Secretary considers appropriate and as
is consistent with the provisions of section 934 of this
title)’’ for ‘‘and except as the Secretary shall by regulation otherwise provide)’’, and inserted ‘‘, or with respect to entitlements established in paragraph (5) of

Page 187

TITLE 30—MINERAL LANDS AND MINING

section 921(c) of this title’’ after ‘‘with respect to death
or total disability due to pneumoconiosis arising out of
employment in such mine’’.
Subsec. (b). Pub. L. 95–239, § 7(b), provided that an employer, other than an operator of a coal mine, shall not
be required to secure the payment of benefits with respect to any employee of that employer to the extent
that the employee is engaged in the transportation of
coal or in coal mine construction and authorized the
Secretary to require an employer to secure a bond or
otherwise guarantee the payment of benefits.
Subsec. (c). Pub. L. 95–239, § 7(c), struck out reference
to regulations of the Secretary of Health, Education,
and Welfare and substituted ‘‘employment in a mine
during a period after December 31, 1969, when it was operated’’ for ‘‘employment in a mine during the period
when it was operated’’.
Subsec. (e)(3). Pub. L. 95–239, § 7(d), struck out par. (3)
which had provided that no payment of benefits could
be required under this section for any period after
twelve years after Dec. 30, 1969.
Subsec. (f). Pub. L. 95–239, § 7(e), provided that any
claim for benefits by a miner under this section be filed
within three years after the later of either a medical
determination of total disability due to pneumoconiosis or March 1, 1978, and struck out provisions
which had set special limitations on the filing of a
claim by a widow.
Subsec. (h). Pub. L. 95–239, § 7(f), struck out provision
under which the regulations of the Secretary of Health,
Education, and Welfare promulgated under section 921
of this title had also been applicable to claims under
this section.
Subsec. (i)(1). Pub. L. 95–239, § 7(g), imposed claim liability on operators who acquired a mine from a prior
operator on or after Jan. 1, 1970, with respect to benefits to miners previously employed by a prior operator,
as if the acquisition had not occurred.
Subsec. (i)(2). Pub. L. 95–239, § 7(g), reenacted par. (2)
without change.
Subsec. (i)(3), (4). Pub. L. 95–239, § 7(g), added pars. (3)
and (4).
Subsecs. (j) to (l). Pub. L. 95–239, § 7(h), added subsecs.
(j) to (l).
1972—Subsec. (a). Pub. L. 92–303, §§ 3(b), 5(2), (9), substituted ‘‘a coal mine’’ for ‘‘an underground coal
mine’’, ‘‘1973’’ for ‘‘1972’’ and struck out reference to
section 7 of Pub. L. 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), respectively,
Subsec. (e)(2). Pub. L. 92–303, § 5(3), substituted ‘‘January 1, 1974’’ for ‘‘January 1, 1973’’.
Subsec. (e)(3). Pub. L. 92–303, § 5(4), substituted
‘‘twelve years’’ for ‘‘seven years’’.
Subsec. (f). Pub. L. 92–303, § 8, designated existing provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 92–303, § 3(a), substituted ‘‘coal
mine’’ for ‘‘underground coal mine’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–148 applicable with respect to claims filed under parts B and C of this subchapter after Jan. 1, 2005, that are pending on or after
Mar. 23, 2010, see section 1556(c) of Pub. L. 111–148, set
out as a note under section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–426 effective Sept. 28, 1984,
and applicable both with respect to claims filed after
such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by sections 203(a)(6), (b), 204, 205(a) of
Pub. L. 97–119 effective Jan. 1, 1982, except as otherwise
provided, see section 206(a) of Pub. L. 97–119, set out as
a note under section 901 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

§ 933

EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 3(a), (b) of Pub. L. 92–303 effective Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set
out as a note under section 901 of this title.

§ 932a. Appointment of qualified individuals to
hear and determine claims for benefits
Qualified individuals appointed by the Secretary of Labor may hear and determine claims
for benefits under part B or part C of title IV of
the Federal Coal Mine Health and Safety Act of
1969 1 [30 U.S.C. 921 et seq., 931 et seq.] and under
section 415 of such Act [30 U.S.C. 925]. For purposes of this section, the term ‘‘qualified individual’’ means such an individual, regardless of
whether that individual is a hearing examiner
appointed under section 3105 of title 5. Nothing
in this section shall be deemed to imply that
there is or is not in effect any authority for such
individuals to hear and determine such claims
under any provision of law other than this section.
(Pub. L. 94–504, Oct. 15, 1976, 90 Stat. 2428; Pub.
L. 107–275, § 2(b)(5), Nov. 2, 2002, 116 Stat. 1926.)
REFERENCES IN TEXT
The Federal Coal Mine Health and Safety Act of 1969,
referred to in text, is Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, as amended, which was renamed the Federal
Mine Safety and Health Act of 1977 by Pub. L. 95–164,
title I, § 101, Nov. 9, 1977, 91 Stat. 1290. Parts B and C of
title IV of the Federal Mine Safety and Health Act of
1977 are classified generally to part B (§ 921 et seq.) of
this subchapter and to this part (§ 931 et seq.), respectively. For complete classification of this Act to the
Code, see Short Title note set out under section 801 of
this title and Tables.
CODIFICATION
Section was not enacted as part of the Federal Mine
Safety and Health Act of 1977 which comprises this
chapter or the Black Lung Benefits Act which comprises this subchapter.
AMENDMENTS
2002—Pub. L. 107–275 substituted ‘‘under part B or
part C’’ for ‘‘under part C’’.
EFFECTIVE 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.
EXTENSION OF ADJUDICATION PERIOD THROUGH
MARCH 1, 1979
Pub. L. 95–239, § 7(i), Mar. 1, 1978, 92 Stat. 100, authorized individuals appointed to hear and determine
claims for benefits under this part and under section
925 of this title pursuant to this section, notwithstanding the provisions of section 932(a) of this title, to continue to adjudicate such claims during the one-year period following Mar. 1, 1978.

§ 933. Duties of operators in States not qualifying
under workmen’s compensation laws
(a) Securing of benefits for miners; self-insurers;
mutual companies
During any period in which a State workmen’s
compensation law is not included on the list
published by the Secretary under section 931(b)
of this title each operator of a coal mine in such
1 See

References in Text note below.

§ 934

TITLE 30—MINERAL LANDS AND MINING

State shall secure the payment of benefits for
which he is liable under section 932 of this title
by (1) qualifying as a self-insurer in accordance
with regulations prescribed by the Secretary, or
(2) insuring and keeping insured the payment of
such benefits with any stock company or mutual
company or association, or with any other person or fund, including any State fund, while
such company, association, person or fund is authorized under the laws of any State to insure
workmen’s compensation.
(b) Required provisions of insurance contracts
In order to meet the requirements of clause (2)
of subsection (a) of this section, every policy or
contract of insurance must contain—
(1) a provision to pay benefits required under
section 932 of this title, notwithstanding the
provisions of the State workmen’s compensation law which may provide for lesser payments;
(2) a provision that insolvency or bankruptcy of the operator or discharge therein (or
both) shall not relieve the carrier from liability for such payments; and
(3) such other provisions as the Secretary,
by regulation, may require.
(c) Cancellation of insurance contracts
No policy or contract of insurance issued by a
carrier to comply with the requirements of
clause (2) of subsection (a) of this subsection 1
shall be canceled prior to the date specified in
such policy or contract for its expiration until
at least thirty days have elapsed after notice of
cancellation has been sent by registered or certified mail to the Secretary and to the operator
at his last known place of business.
(d) Penalties for failure to secure payment of
benefits
(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 subchapter 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,2 or destroys any property belonging to such employer,
after any miner employed by such employer has
filed a claim under this subchapter, and with intent to avoid the payment of benefits under this
subchapter 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
1 So
2 So

in original. Probably should be ‘‘section’’.
in original. Probably should be ‘‘secretes,’’.

Page 188

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.
(Pub. L. 91–173, title IV, § 423, Dec. 30, 1969, 83
Stat. 797; Pub. L. 92–303, § 3(b), May 19, 1972, 86
Stat. 153; Pub. L. 95–239, § 8, Mar. 1, 1978, 92 Stat.
100.)
AMENDMENTS
1978—Subsec. (d). Pub. L. 95–239 added subsec. (d).
1972—Subsec. (a). Pub. L. 92–303 substituted ‘‘a coal
mine’’ for ‘‘an underground coal mine’’.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–303 effective Dec. 30, 1969,
see section 3(c) of Pub. L. 92–303, set out as a note under
section 901 of this title.

§ 934. ‘‘Fund’’ defined; liability of operators to
United States for repayments to fund; procedures applicable; rate of interest
(a) For purposes of this section, the term
‘‘fund’’ has the meaning set forth in section
902(h) of this title.
(b)(1) If—
(A) an amount is paid out of the fund to an
individual entitled to benefits under section
932 of this title, and
(B) the Secretary determines, under the provisions of sections 932 and 933 of this title,
that an operator was required to secure the
payment of all or a portion of such benefits,
then the operator is liable to the United States
for repayment to the fund of the amount of such
benefits the payment of which is properly attributed to him plus interest thereon. No operator or representative of operators may bring any
proceeding, or intervene in any proceeding, held
for the purpose of determining claims for benefits to be paid by the fund, except that nothing
in this section shall affect the rights, duties, or
liabilities of any operator in proceedings under
section 932 or section 933 of this title. In a case
where no operator responsibility is assigned pursuant to sections 932 and 933 of this title, a determination by the Secretary that the fund is
liable for the payment of benefits shall be final.
(2) If any operator liable to the fund under
paragraph (1) refuses to pay, after demand, the
amount of such liability (including interest),
then there shall be a lien in favor of the United
States for such amount upon all property and
rights to property, whether real or personal, belonging to such operator. The lien arises on the
date on which such liability is finally determined, and continues until it is satisfied or becomes unenforceable by reason of lapse of time.
(3)(A) Except as otherwise provided under this
subsection, the priority of the lien shall be determined in the same manner as under section

Page 189

TITLE 30—MINERAL LANDS AND MINING

6323 of title 26. That section shall be applied for
such purposes—
(i) by substituting ‘‘lien imposed by section
424(b)(2) of the Federal Mine Safety and Health
Act of 1977’’ for ‘‘lien imposed by section 6321’’;
‘‘operator liability lien’’ for ‘‘tax lien’’; ‘‘operator’’ for ‘‘taxpayer’’; ‘‘lien arising under section 424(b)(2) of the Federal Mine Safety and
Health Act of 1977’’ for ‘‘assessment of the
tax’’; ‘‘payment of the liability is made to the
Black Lung Disability Trust Fund’’ for ‘‘satisfaction of a levy pursuant to section 6332(b)’’;
and ‘‘satisfaction of operator liability’’ for
‘‘collection of any tax under this title’’ each
place such terms appear; and
(ii) by treating all references to the ‘‘Secretary’’ as references to the Secretary of
Labor.
(B) In the case of a bankruptcy or insolvency
proceeding, the lien imposed under paragraph (2)
shall be treated in the same manner as a lien for
taxes due and owing to the United States for
purposes of the Bankruptcy Act or section
3713(a) of title 31.
(C) For purposes of applying section 6323(a) of
title 26 to determine the priority between the
lien imposed under paragraph (2) and the Federal tax lien, each lien shall be treated as a
judgment lien arising as of the time notice of
such lien is filed.
(D) For purposes of this subsection, notice of
the lien imposed under paragraph (2) shall be
filed in the same manner as under subsections
(f) and (g) of section 6323 of title 26.
(4)(A) In any case where there has been a refusal or neglect to pay the liability imposed
under paragraph (2), the Secretary may bring a
civil action in a district court of the United
States to enforce the lien of the United States
under this section with respect to such liability
or to subject any property, of whatever nature,
of the operator, or in which he has any right,
title, or interest, to the payment of such
liability.
(B) The liability imposed by paragraph (1) may
be collected at a proceeding in court if the proceeding is commenced within 6 years after the
date on which the liability was finally determined, or before the expiration of any period for
collection agreed upon in writing by the operator and the United States before the expiration
of such 6-year period. The running of the period
of limitation provided under this subparagraph
shall be suspended for any period during which
the assets of the operator are in the custody or
control of any court of the United States, or of
any State, or the District of Columbia, and for
6 months thereafter, and for any period during
which the operator is outside the United States
if such period of absence is for a continuous period of at least 6 months.
(5) The rate of interest under this subsection—
(A) for any period during calendar year 1982,
shall be 15 percent, and
(B) for any period after calendar year 1982,
shall be the rate established by section 6621 of
title 26 which is in effect for such period.
(Pub. L. 91–173, title IV, § 424, Dec. 30, 1969, 83
Stat. 798; Pub. L. 92–303, § 1(c)(1), May 19, 1972, 86
Stat. 151; Pub. L. 95–227, § 3(d), Feb. 10, 1978, 92

§ 934a

Stat. 13; Pub. L. 96–222, title I, § 108(b)(2)(A), Apr.
1, 1980, 94 Stat. 226; Pub. L. 97–119, title I,
§ 104(a)(1), (2), (b)(6), Dec. 29, 1981, 95 Stat. 1639;
Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
REFERENCES IN TEXT
Section 424(b)(2) of the Federal Mine Safety and
Health Act of 1977, referred to in subsec. (b)(3)(A)(i), is
subsec. (b)(2) of this section.
Section 6321, referred to in subsec. (b)(3)(A)(i), means
section 6321 of Title 26, Internal Revenue Code.
Section 6332(b), referred to in subsec. (b)(3)(A)(i),
means section 6332(b) of Title 26.
The Bankruptcy Act, referred to in subsec. (b)(3)(B),
is act July 1, 1898, ch. 541, 30 Stat. 544, as amended,
which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by
Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682,
section 101 of which enacted revised Title 11.
CODIFICATION
In subsec. (b)(3)(B), ‘‘section 3713(a) of title 31’’ substituted for ‘‘section 3466 of the Revised Statutes (31
U.S.C. 191)’’ on authority of Pub. L. 97–258, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
AMENDMENTS
1986—Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99–514
substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no
change in text.
1981—Subsec. (a). Pub. L. 97–119, § 104(b)(6), substituted provision defining ‘‘fund’’ as used in this section for provision specifying payments, repayments,
and reimbursements which funds from the Black Lung
Disability Trust Fund would be available to pay.
Subsec. (b)(1). Pub. L. 97–119, § 104(a)(2), inserted ‘‘plus
interest thereon’’ after ‘‘attributed to him’’.
Subsec. (b)(5). Pub. L. 97–119, § 104(a)(1), added par. (5).
1980—Subsec. (b)(3)(A)(i). Pub. L. 96–222 substituted
‘‘Federal Mine Safety and Health Act of 1977’’ for ‘‘Federal Coal Mine Health and Safety Act of 1969’’.
1978—Pub. L. 95–227 added subsec. (a), redesignated
existing provisions constituting entire section as subsec. (b) and expanded applicability and set out procedures for enforcement of rights of United States
against operators liable to the Fund.
1972—Pub. L. 92–303 substituted ‘‘widow, child, parent,
brother, or sister’’ for ‘‘widow’’ wherever appearing.
EFFECTIVE DATE OF 1981 AMENDMENT
Pub. L. 97–119, title I, § 104(a)(3), Dec. 29, 1981, 95 Stat.
1639, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on
January 1, 1982, and shall apply to amounts outstanding on such date or arising thereafter.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–222 effective as if included
in the provisions of Pub. L. 95–227, which amended this
section effective Apr. 1, 1978, see section 108(b)(4) of
Pub. L. 96–222, set out as a note under section 192 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–227, § 3(e), Feb. 10, 1978, 92 Stat. 15, provided
that: ‘‘This section [enacting section 934a of this title
and amending this section] shall take effect on April 1,
1978.’’

§ 934a. Repealed. Pub. L. 97–119, title I, § 103(b),
Dec. 29, 1981, 95 Stat. 1638
Section, Pub. L. 95–227, § 3(a)–(c), Feb. 10, 1978, 92 Stat.
12; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat.
695; Pub. L. 96–222, title I, § 108(b)(2)(A), (3)(A), Apr. 1,

§ 935

TITLE 30—MINERAL LANDS AND MINING

1980, 94 Stat. 226, established a Black Lung Disability
Trust Fund, designated trustees for the fund, and provided for operation of the fund. See section 9501 of Title
26, Internal Revenue Code.
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1982, see section 103(d)(1) of
Pub. L. 97–119, set out as an Effective Date note under
section 9501 of Title 26, Internal Revenue Code.
PROVISIONS RELATING TO PAYMENT OF BENEFITS TO
MINERS AND ELIGIBLE SURVIVORS OF MINERS TO
TAKE EFFECT AS RULES AND REGULATIONS OF SECRETARY OF LABOR
Pub. L. 95–239, § 20(b), Mar. 1, 1978, 92 Stat. 106, provided that in the event that the payment of benefits to
miners and to eligible survivors of miners cannot be
made from the Black Lung Disability Trust Fund established by section 3(a) of the Black Lung Benefits
Revenue Act of 1977 [former subsec. (a) of this section],
the provisions of the Act relating to the payment of
benefits to miners and to eligible survivors of miners,
as in effect immediately before the date of the enactment of this Act [Mar. 1, 1978], shall take effect, as
rules and regulations of the Secretary of Labor until
such provisions are revoked, amended, or revised by
law, and that the Secretary of Labor may promulgate
additional rules and regulations to carry out such provisions and shall make benefit payments to miners and
to eligible survivors of miners in accordance with such
provisions.

§ 935. Utilization of services of State and local
agencies
With the consent and cooperation of State
agencies charged with administration of State
workmen’s compensation laws, the Secretary
may, for the purpose of carrying out his functions and duties under section 932 of this title,
utilize the services of State and local agencies
and their employees and, notwithstanding any
other provision of law, may advance funds to or
reimburse such State and local agencies and
their employees for services rendered for such
purposes.
(Pub. L. 91–173, title IV, § 425, Dec. 30, 1969, 83
Stat. 798.)
§ 936. Regulations and reports
(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

Page 190

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.)
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.
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’’.
EFFECTIVE 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.

§ 937. Contracts and grants
(a) Construction, purchase, and operation of
fixed-site and mobile clinical facilities
The Secretary of Health and Human Services
is authorized to enter into contracts with, and
make grants to, public and private agencies and
organizations and individuals for the construction, purchase, and operation of fixed-site and
mobile clinical facilities for the analysis, examination, and treatment of respiratory and pul-

Page 191

TITLE 30—MINERAL LANDS AND MINING

monary impairments in active and inactive coal
miners. The Secretary shall coordinate the making of such contracts and grants with the Appalachian Regional Commission.
(b) Research activities
The Secretary of Health and Human Services
shall initiate research within the National Institute for Occupational Safety and Health, and is
authorized to make research grants to public
and private agencies and organizations and individuals for the purpose of devising simple and effective tests to measure, detect, and treat respiratory and pulmonary impairments in active
and inactive coal miners. Any grant made pursuant to this subsection shall be conditioned
upon all information, uses, products, processes,
patents, and other developments resulting from
such research being available to the general
public, except to the extent of such exceptions
and limitations as the Secretary of Health and
Human Services may deem necessary in the public interest.
(c) Authorization of appropriations
There is hereby authorized to be appropriated
for the purpose of subsection (a) of this section
$10,000,000 for each fiscal year. There are hereby
authorized to be appropriated for the purposes of
subsection (b) of this section such sums as are
necessary.
(Pub. L. 91–173, title IV, § 427, as added Pub. L.
92–303, § 5(6), May 19, 1972, 86 Stat. 155; amended
Pub. L. 95–239, § 9, Mar. 1, 1978, 92 Stat. 100; Pub.
L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat.
695.)
AMENDMENTS
1978—Subsec. (c). Pub. L. 95–239 substituted
‘‘$10,000,000 for each fiscal year’’ for ‘‘$10,000,000 for each
of the fiscal years ending June 30, 1973, June 30, 1974,
and June 30, 1975’’.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a) and (b) pursuant to section 509(b)
of Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

§ 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

§ 939

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, § 428, as added Pub. L.
92–303, § 5(7), May 19, 1972, 86 Stat. 155; amended
Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92 Stat. 183;
Pub. L. 101–509, title V, § 529 [title I, § 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, § 305] of Pub. L. 101–509, set out
as a note under section 5301 of Title 5, Government Organization and Employees.

§ 939. Authorization of appropriations
There is authorized to be appropriated to the
Secretary of Labor such sums as may be necessary to carry out his responsibilities under
this subchapter. Such sums shall remain available until expended.

§ 940

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 91–173, title IV, § 429, as added Pub. L.
92–303, § 5(8), May 19, 1972, 86 Stat. 156.)
§ 940. Applicability of amendments to part B of
this subchapter to this part
The amendments made by the Black Lung
Benefits Act of 1972, the Black Lung Benefits
Reform Act of 1977 and the Black Lung Benefits
Amendments of 1981 to part B of this subchapter
shall, to the extent appropriate, also apply to
this part.
(Pub. L. 91–173, title IV, § 430, as added Pub. L.
92–303, § 5(10), May 19, 1972, 86 Stat. 156; amended
Pub. L. 95–239, § 10, Mar. 1, 1978, 92 Stat. 100; Pub.
L. 97–119, title II, § 202(d), Dec. 29, 1981, 95 Stat.
1643.)
REFERENCES IN TEXT
The Black Lung Benefits Act of 1972, referred to in
text, is Pub. L. 92–303, May 19, 1972, 86 Stat. 150, as
amended, which is classified generally to sections 901,
902, 921 to 925, 931 to 934, and 936 to 941 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 901 of this title
and Tables.
The Black Lung Benefits Reform Act of 1977, referred
to in text, is Pub. L. 95–239, Mar. 1, 1978, 92 Stat. 95. For
complete classification of this Act to the Code, see
Short Title of 1978 Amendment note set out under section 801 of this title and Tables.
The Black Lung Benefits Amendments of 1981, referred to in text, is Pub. L. 97–119, title II, Dec. 29, 1981,
95 Stat. 1643, which amended this section and sections
901, 902, 921, 922, 923, and 932 of this title and enacted
provisions set out as notes under section 901 of this
title. For complete classification of this Act to the
Code, see Short Title of 1981 Amendment note set out
under section 801 of this title and Tables.
AMENDMENTS
1981—Pub. L. 97–119 inserted ‘‘, and the Black Lung
Benefits Amendments of 1981’’.
1978—Pub. L. 95–239 inserted reference to amendments
made by the Black Lung Benefits Reform Act of 1977
and struck out provision that, for the purpose of determining the applicability of the presumption established
by 921(c)(4) of this title to claims filed under this part,
no period of employment after June 30, 1971, could be
considered in determining whether a miner was employed at least fifteen years in one or more underground mines.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

§ 941. Penalty for false statements or representations
Any person who willfully makes any false or
misleading statement or representation for the
purpose of obtaining any benefit or payment
under this subchapter 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.
(Pub. L. 91–173, title IV, § 431, as added Pub. L.
92–303, § 6, May 19, 1972, 86 Stat. 156; amended
Pub. L. 95–239, § 12(a), Mar. 1, 1978, 92 Stat. 101.)

Page 192

AMENDMENTS
1978—Pub. L. 95–239 substituted provisions setting the
penalty for making false or misleading statements or
representations for the purpose of obtaining benefits or
payments for provisions relating to the Secretary’s
duty to disseminate to all persons who filed claims
under this subchapter prior to May 19, 1972, information on the review provisions under the Black Lung
Benefits Act of 1972.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

§ 942. Miner benefit entitlement reports; penalty
for failure or refusal to file
(a) The Secretary may by regulation require
employers to file reports concerning miners who
may be or are entitled to 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.
(Pub. L. 91–173, title IV, § 432, as added Pub. L.
95–239, § 12(b), Mar. 1, 1978, 92 Stat. 101.)
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.

§ 943. Black lung insurance program
(a) Authorization to establish and carry out
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 932 of this title.
(b) Non-availability of other insurance coverage
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) Agreements with coal mine operators; reinsurance agreements
(1) The Secretary may enter into agreements
with operators of coal mines who may be liable
for the payment of benefits under section 932 of
this title, 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 933 of this title with respect to the risks
covered by such agreement.

Page 193

TITLE 30—MINERAL LANDS AND MINING

(2) The Secretary may also enter into reinsurance agreements with one or more insurers or
pools of insurers under which, 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, the insurance fund shall provide reinsurance coverage for benefits required to be paid
under section 932 of this title.
(d) Terms and conditions of insurability
The Secretary may by regulation provide for
general terms and conditions of insurability as
applicable to operators of coal mines or insurers
eligible for insurance or reinsurance under this
section, including—
(1) the types, classes, and locations of operators or facilities which shall be eligible for
such insurance or reinsurance;
(2) the classification, limitation, and rejection of any operator or facility which may be
advisable;
(3) appropriate premiums for different classifications of operators or facilities;
(4) appropriate loss deductibles;
(5) experience rating; and
(6) any other terms and conditions relating
to insurance or reinsurance coverage or exclusion which may be appropriate to carry out
the purposes of this section.
(e) Premium schedule studies and investigations
The Secretary may undertake and carry out
such studies and investigations, and receive or
exchange such information, as may be necessary
to formulate a premium schedule which will enable the insurance and reinsurance authorized
by this section to be provided on a basis which
is (1) in accordance with accepted actuarial principles; and (2) fair and equitable.
(f) Regulations relating to premium rates
(1) On the basis of estimates made by the Secretary in formulating a premium schedule under
subsection (e), and such other information as
may be available, the Secretary shall from time
to time prescribe by regulation the chargeable
premium rates for types and classes of insurers,
operators of coal mines, and facilities for which
insurance or reinsurance coverage shall be available under this section and the terms and conditions under which, and the area within which,
such insurance or reinsurance shall be available
and such rates shall apply.
(2) Such premium rates shall be (A) based on
a consideration of the risks involved, taking
into account differences, if any, in risks based
on location, type of operations, facilities, type
of coal, experience, and any other matter which
may be considered under accepted actuarial
principles; and (B) adequate, on the basis of accepted actuarial principles, to provide reserves
for anticipated losses.
(3) All premiums received by the Secretary
shall be paid into the insurance fund.
(g) Black Lung Compensation Insurance Fund
(1) The Secretary may establish in the Department of Labor a Black Lung Compensation Insurance Fund which shall be available, without
fiscal year limitation—
(A) to pay claims of miners for benefits covered by insurance or reinsurance issued under
this section;

§ 943

(B) to pay the administrative expenses of
carrying out the black lung compensation insurance program under this section; and
(C) to repay to the Secretary of the Treasury
such sums as may be borrowed in accordance
with the authority provided in subsection (i).
(2) The insurance fund shall be credited with—
(A) premiums, fees, or other charges which
may be collected in connection with insurance
or reinsurance coverage provided under this
section;
(B) such amounts as may be advanced to the
insurance fund from appropriations in order to
maintain the insurance fund in an operative
condition adequate to meet its liabilities; and
(C) income which may be earned on investments of the insurance fund pursuant to paragraph (3).
(3) If, after all outstanding current obligations
of the insurance fund have been liquidated and
any outstanding amounts which may have been
advanced to the insurance fund from appropriations authorized under subsection (i) have been
credited to the appropriation from which advanced, the Secretary determines that the moneys of the insurance fund are in excess of current needs, he or she may request the investment of such amounts as he or she deems advisable by the Secretary of the Treasury in public
debt securities with maturities suitable for the
needs of the insurance fund and bearing interest
at prevailing market rates.
(h) Omitted
(i) Authorization of appropriations
There are authorized to be appropriated to the
insurance fund, as repayable advances, such
sums as may be necessary to meet obligations
incurred under subsection (g). All such sums
shall remain available without fiscal year limitation. Advances made pursuant to this subsection shall be repaid, with interest, to the general fund of the Treasury when the Secretary determines that moneys are available in the insurance fund for such repayments. Interest on such
advances shall be computed in the same manner
as provided in subsection (b)(2) of section 934a 1
of this title.
(Pub. L. 91–173, title IV, § 433, as added Pub. L.
95–239, § 13, Mar. 1, 1978, 92 Stat. 101.)
REFERENCES IN TEXT
Section 934a of this title, referred to in subsec. (i),
was repealed by Pub. L. 97–119, title I, § 103(b), Dec. 29,
1981, 95 Stat. 1638. See section 9501(c) of Title 26, Internal Revenue Code.
CODIFICATION
Subsec. (h) of this section, which required the Secretary to report to Congress not later than April 1 of
each year on the financial condition and operation of
the insurance fund, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance. See, also, page 124 of House Document No.
103–7.
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.
1 See

References in Text note below.

TITLE 30—MINERAL LANDS AND MINING

§ 944

§ 944. Statement of reasons for denial of claim
Any individual whose claim for benefits under
this subchapter is denied shall receive from the
Secretary a written statement of the reasons for
denial of such claim, and a summary of the administrative hearing record or, upon good cause
shown, a copy of any transcript thereof.
(Pub. L. 91–173, title IV, § 434, as added Pub. L.
95–239, § 14, Mar. 1, 1978, 92 Stat. 103.)
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.

§ 945. Repealed. Pub. L. 107–275, § 2(c)(1), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 91–173, title IV, § 435, as added Pub.
L. 95–239, § 15, Mar. 1, 1978, 92 Stat. 103; amended Pub. L.
103–296, title I, § 108(i)(4), Aug. 15, 1994, 108 Stat. 1488, related to review of claims pending on, or denied on or
before, Mar. 1, 1978.
EFFECTIVE DATE OF REPEAL
Repeal effective 90 days after Nov. 2, 2002, see section
4 of Pub. L. 107–275, set out as an Effective Date of 2002
Amendment note under section 902 of this title.

SUBCHAPTER V—ADMINISTRATIVE
PROVISIONS
§ 951. Studies and research
(a) Appropriate projects
The Secretary of the Interior and the Secretary of Health and Human Services, as appropriate, shall conduct such studies, research,
experiments, and demonstrations as may be appropriate—
(1) to improve working conditions and practices in coal or other mines, and to prevent accidents and occupational diseases originating
in the coal or other mining industry;
(2) to develop new or improved methods of
recovering persons in coal or other mines after
an accident;
(3) to develop new or improved means and
methods of communication from the surface
to the underground area of a coal or other
mine;
(4) to develop new or improved means and
methods of reducing concentrations of respirable dust in the mine atmosphere of active
workings of the coal or other mine;
(5) to develop epidemiological information
to (A) identify and define positive factors involved in occupational diseases of miners, (B)
provide information on the incidence and prevalence of pneumoconiosis and other respiratory ailments of miners, and (C) improve
mandatory health standards;
(6) to develop techniques for the prevention
and control of occupational diseases of miners,
including tests for hypersusceptibility and
early detection;
(7) to evaluate the effect on bodily impairment and occupational disability of miners afflicted with an occupational disease;
(8) to prepare and publish from time to time,
reports on all significant aspects of occupational diseases of miners as well as on the

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medical aspects of injuries, other than diseases, which are revealed by the research carried on pursuant to this subsection;
(9) to study the relationship between coal or
other mine environments and occupational
diseases of miners;
(10) to develop new and improved underground equipment and other sources of power
for such equipment which will provide greater
safety;
(11) to determine, upon the written request
by any operator or authorized representative
of miners, specifying with reasonable particularity the grounds upon which such request is
made, whether any substance normally found
in a coal or other mine has potentially toxic
effects in the concentrations normally found
in the coal or other mine or whether any physical agents or equipment found or used in a
coal or other mine has potentially hazardous
effects, and shall submit such determinations
to both the operators and miners as soon as
possible; and
(12) for such other purposes as they deem
necessary to carry out the purposes of this
chapter.
(b) Responsibility for carrying out prescribed activities
Activities under this section in the field of
coal or other mine health shall be carried out by
the Secretary of Health and Human Services
through the National Institute for Occupational
Safety and Health established under the Occupational Safety and Health Act of 1970 [29 U.S.C.
651 et seq.], and activities under this section in
the field of coal or other mine safety shall be
carried out by the Secretary of the Interior in
coordination with the Secretary.
(c) Contracting with and grants to public and
private agencies; availability of information;
exceptions
In carrying out the provisions for research,
demonstrations, experiments, studies, training,
and education under this section and sections
861(b) and 952(a) of this title, the Secretary of
the Interior and the Secretary of Health and
Human Services in coordination with the Secretary may enter into contracts with, and make
grants to, public and private agencies and organizations and individuals. No research, demonstrations, or experiments shall be carried out,
contracted for, sponsored, cosponsored, or authorized under authority of this chapter, unless
all information, uses, products, processes, patents, and other developments resulting from
such research, demonstrations, or experiments
will (with such exception and limitation, if any,
as the Secretary of the Interior or the Secretary
of Health and Human Services in coordination
with the Secretary may find to be necessary in
the public interest) be available to the general
public.
(d) Prevention of diseases affecting persons
working with mine products
The Secretary of Health and Human Services
shall also conduct studies and research into
matters involving the protection of life and the
prevention of diseases in connection with persons, who although not miners, work with, or