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".
(
Editorial Notes
Amendments
1981—Subsec. (a).
1978—
1972—
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Effective Date of 1978 Amendment
Effective Date of 1972 Amendment
Amendment by section 4(b)(2) of
Effective Date
Subchapter effective Dec. 30, 1969, see section 509 of
Separability
Special Benefits for Disabled Coal Miners
Study of Current Medical Methods for Diagnosis of Pneumoconiosis and Nature and Extent of Impairment Attributable to Simple and Complicated Pneumoconiosis; Report to Congress
Study of Benefits Under This Subchapter, Other Benefits Received, and Benefits if State Workers' Compensation Programs Applicable; Report to Congress
§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
(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
(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
(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
(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 step-child who is—
(1) unmarried; and
(2)(A) under eighteen years of age, or
(B)(i) under a disability as defined in
(ii) which began before the age specified in
(C) a student.
The term "student" means a "full-time student" as defined in
(h) The term "fund" means the Black Lung Disability Trust Fund established by
(i) For the purposes of subsections (c) and (j) of
(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.
(
Editorial Notes
References in Text
Amendments
2002—Subsec. (c).
Subsec. (f)(1).
Subsec. (f)(2)(A).
Subsec. (i)(1).
1994—Subsec. (c).
1986—Subsecs. (h), (i).
1981—Subsec. (h).
Subsec. (i).
1978—Subsec. (b).
Subsec. (d).
Subsec. (f).
Subsec. (h).
1972—Subsec. (a).
Subsecs. (b), (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
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
Effective Date of 2002 Amendment
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by section 205(b) of
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by section 3(b) of
Amendment by section 4(a) of
1 See References in Text note below.
§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.
(
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1978, see section 20(a) of
§904. Repealed. Pub. L. 107–275, §2(c)(2), Nov. 2, 2002, 116 Stat. 1926
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 90 days after Nov. 2, 2002, see section 4 of
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 subsection (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 presumption 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
(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.
(
Editorial Notes
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
Amendments
2010—Subsec. (c)(4).
2002—Subsecs. (a), (b), (c)(4), (5).
1994—Subsecs. (a), (b), (c)(4), (5).
1981—Subsec. (a).
Subsec. (c)(2), (4).
Subsec. (c)(5).
1978—Subsec. (c).
1972—Subsec. (a).
Subsec. (b).
Subsec. (c)(1), (2).
Subsec. (c)(3).
Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by section 3(a) of
Transitional Provisions
"(a)
"(b)
"(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)
"(c)
"(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
"(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)
"(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.
"(e)
"(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
"(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)
"(g)
1 So in original. The period probably should be a comma.
2 So in original. Probably should be capitalized.
§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 37½ 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 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
(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
(1)(A) under eighteen years of age, or
(B) under a disability as defined in section 223(d) of the Social Security Act [
(C) a student as defined in
(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 [
(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 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 [
(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.
(
Editorial Notes
References in Text
Grade GS–2, referred to in subsec. (a)(1), is contained in the General Schedule which is set out under
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
The Social Security Act, referred to in subsec. (a)(5), is act Aug. 14, 1935, ch. 531,
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified to Title 26, Internal Revenue Code.
Amendments
2002—Subsec. (a).
1994—Subsec. (a).
1986—Subsec. (c).
1981—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(5).
1978—Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (b).
1972—Subsec. (a)(3), (4).
Subsec. (a)(5), (6).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Calculation of Monthly Benefit Payments
§923. Filing of notice of claim
(a) Promulgation of regulations; time requirement
Except as otherwise provided in
(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), (c), (d), and (g) of section 221 of such Act [
(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
(
Editorial Notes
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
The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531,
Amendments
2002—Subsec. (a).
Subsec. (b).
Subsec. (c).
1994—Subsecs. (a) to (c).
1981—Subsec. (b).
1978—Subsec. (b).
Subsec. (d).
1972—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendments by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by section 4(f) of
Effective Date for the Application of Section 405 of Title 42
[There is no subsec. (d) in section 1 of
§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
(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
(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.
(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
(
Editorial Notes
Amendments
2002—Subsec. (a)(2)(D).
1994—Subsec. (a)(2)(D).
1978—Subsec. (e).
1972—Subsec. (a).
Subsec. (b).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§924a. Repealed. Pub. L. 107–275, §2(c)(2), Nov. 2, 2002, 116 Stat. 1926
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 90 days after Nov. 2, 2002, see section 4 of
§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
(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
(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
(b) The Secretary of Labor may issue such regulations as are necessary or appropriate to carry out the purpose of this section.
(
Editorial Notes
Amendments
2002—Subsec. (a)(2) to (5).
Subsec. (b).
1994—Subsecs. (a)(2), (b).
1986—Subsec. (a)(1).
1981—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
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
(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—
(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
(B) the amount of such cash benefits is substantially equivalent to or greater than the amount of benefits prescribed by
(C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent to
(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
(F) there are applicable such other provisions, regulations or interpretations, which are consistent with the provisions contained in Public Law 803, 69th Congress (
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.
(
Editorial Notes
References in Text
Public Law 803, 69th Congress, referred to in subsec. (b)(2)(F), is act Mar. 4, 1927, ch. 509,
Amendments
1978—Subsec. (a).
Subsec. (b)(2)(A).
Subsec. (b)(2)(C).
Subsec. (b)(2)(D).
1972—Subsec. (a).
Subsec. (b)(2)(C).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by section 4(e) of
1 So in original. The period probably should be a comma.
§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
(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
(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
(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
(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
(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
(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.
(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
(j) Failure of operators to secure benefits
Notwithstanding the provisions of this section,
(1) described in
(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
(
Editorial Notes
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
Public Law 803, 69th Congress, referred to in subsec. (a), is act Mar. 4, 1927, ch. 509,
Section 42 of Public Law 803, referred to in subsec. (a), was repealed by
Section 43 of Public Law 803, referred to in subsec. (a), was repealed by
Sections 45, 46, and 47 of Public Law 803, referred to in subsec. (a), were repealed by
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
Amendments
2010—Subsec. (l).
1986—Subsecs. (a), (i)(4), (j).
1984—Subsec. (a).
1981—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (g).
Subsec. (i)(4).
Subsec. (j).
Subsec. (l).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e)(3).
Subsec. (f).
Subsec. (h).
Subsec. (i)(1).
Subsec. (i)(2).
Subsec. (i)(3), (4).
Subsecs. (j) to (l).
1972—Subsec. (a).
Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (f).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by sections 203(a)(6), (b), 204, 205(a) of
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by section 3(a), (b) of
2 See References in Text note below.
§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 [
(
Editorial Notes
References in Text
The Federal Coal Mine Health and Safety Act of 1969, referred to in text, is
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—
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Extension of Adjudication Period Through March 1, 1979
1 See References in Text note below.
§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
(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
(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 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.
(
Editorial Notes
Amendments
1978—Subsec. (d).
1972—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
1 So in original. Probably should be "section".
2 So in original. Probably should be "secretes,".
§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
(b)(1) If—
(A) an amount is paid out of the fund to an individual entitled to benefits under
(B) the Secretary determines, under the provisions of
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
(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
(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
(C) For purposes of applying
(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
(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
(
Editorial Notes
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 6332(b), referred to in subsec. (b)(3)(A)(i), means
The Bankruptcy Act, referred to in subsec. (b)(3)(B), is act July 1, 1898, ch. 541,
Codification
In subsec. (b)(3)(B), "
Amendments
1986—Subsec. (b)(3)(A), (C), (D), (5)(B).
1981—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(5).
1980—Subsec. (b)(3)(A)(i).
1978—
1972—
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
§934a. Repealed. Pub. L. 97–119, title I, §103(b), Dec. 29, 1981, 95 Stat. 1638
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 1, 1982, see section 103(d)(1) of
Provisions Relating to Payment of Benefits to Miners and Eligible Survivors of Miners To Take Effect as Rules and Regulations of Secretary of Labor
§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
(
§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
(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
(c) Compliance with State workmen's compensation laws; conflicts between State and Federal provisions
Nothing in this subchapter shall relieve any operator of the duty to comply with any State workmen's compensation law, except insofar as such State law is in conflict with the provisions of this subchapter and the Secretary by regulation, so prescribes. The provisions of any State workmen's compensation law which provide greater benefits than the benefits payable under this subchapter shall not thereby be construed or held to be in conflict with the provisions of this subchapter.
(
Editorial Notes
References in Text
Amendments
2002—Subsec. (a).
Subsec. (b).
1995—Subsec. (b).
1994—Subsec. (a).
Subsec. (b).
1972—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§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 pulmonary 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.
(
Editorial Notes
Amendments
1978—Subsec. (c).
Statutory Notes and Related Subsidiaries
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
Effective Date of 1978 Amendment
Amendment by
§938. Miners suffering from pneumoconiosis; discrimination prohibited
(a) Mine operators
No operator shall discharge or in any other way discriminate against any miner employed by him by reason of the fact that such miner is suffering from pneumoconiosis. No person shall cause or attempt to cause an operator to violate this section. For the purposes of this subsection the term "miner" shall not include any person who has been found to be totally disabled.
(b) Determination by Secretary; procedure
Any miner who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) of this section, or any representative of such miner may, within ninety days after such violation occurs, apply to the Secretary for a review of such alleged discharge or discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to enable the parties to present information relating to such violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to
(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.
(
Editorial Notes
Amendments
1990—Subsec. (b).
1978—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§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. 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.
(
Editorial Notes
References in Text
The Black Lung Benefits Act of 1972, referred to in text, is
The Black Lung Benefits Reform Act of 1977, referred to in text, is
The Black Lung Benefits Amendments of 1981, referred to in text, is
Amendments
1981—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§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.
(
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1978, see section 20(a) of
§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
(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
(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
(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;
(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.
(
Editorial Notes
References in Text
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
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1978, see section 20(a) of
1 See References in Text note below.
§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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1978, see section 20(a) of
§945. Repealed. Pub. L. 107–275, §2(c)(1), Nov. 2, 2002, 116 Stat. 1926
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 90 days after Nov. 2, 2002, see section 4 of