Title 30 — Mineral Lands and Mining

Part A · Chapter 22 — Mine Safety and Health

§ 902. Definitions

Statutory text

For purposes of this subchapter—

The term “dependent” means—

a child as defined in subsection (g) without regard to subparagraph (2)(B)(ii) thereof; or

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.

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.

The term “Secretary”, except where expressly otherwise provided, means the Secretary of Labor.

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.

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 contributions to her support from the miner at the time of his death.

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—

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;

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;

such regulations shall not provide more restrictive criteria than those applicable under section 423(d) of title 42; and

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).

Criteria applied by the Secretary of Labor in the case of—

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;

any claim which is subject to review by the Secretary of Labor under section 945(b) ¹ of this title; and

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.

The term “child” means a child or a step-child who is—

unmarried; and

under eighteen years of age, or

under a disability as defined in section 423(d) of title 42,

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

a student.

The term “student” means a “full-time student” as defined in section 402(d)(7) of title 42, or 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.

The term “fund” means the Black Lung Disability Trust Fund established by section 9501 of title 26.

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—

for benefits under part B of this subchapter that was denied by the official responsible for administration of such part; or

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.

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1969
Federal Coal Mine Health and Safety Act of 1969
Pub. L. 91–173 title IV § 402 · 83 Stat. 742
Enacted · 30 U.S.C. § 902
Pub. L. 91–173, title IV, § 402, Dec. 30, 1969, 83 Stat. 792
Source evidence
Code source credit
Pub. L. 91–173, title IV, § 402, Dec. 30, 1969, 83 Stat. 792
Enacted provision · exact public law section
Sec. 402. For purposes of this title— (a) The term “dependent” means a wife or child who is a dependent as that term is defined for purposes of section 8110 of title 5, United States Code. 80 Stat. 539; 81 Stat. 210. (b) The term “pneumoconiosis” means a chronic dust disease of the lung arising out of employment in an underground coal mine. (c) The term “Secretary” where used in part B means the Secretary of Health, Education, and Welfare, and where used in part C means the Secretary of Labor. (d) The term “miner” means any individual who is or was employed in an underground coal mine. (e) The term “widow” means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion, who has not remarried. (f) The term “total disability” has the meaning given it by regulations of the Secretary of Health, Education, and Welfare, but such regulations shall not provide more restrictive criteria than those applicable under section 223(d) of the Social Security Act. 81 Stat. 868. 42 USC 423.
1972
Black Lung Benefits Act of 1972
Pub. L. 92–303 § 1(c)(2) · 86 Stat. 150
Changed · 30 U.S.C. § 902(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(1) Section 412(a) of the Federal Coal Mine Health and Safety Act of I960 is amended by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: “(3) In the ease of the child or children of a miner whose death is due to pneumoconiosis or 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, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, 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 Post, p. 152. he meets the criteria for the term ‘child’ contained in section 402(g): 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).”
1972
Black Lung Benefits Act of 1972
Pub. L. 92–303 § 3(b) · 86 Stat. 150
Substituted · 30 U.S.C. § 902(b); 30 U.S.C. § 902(d)
Pub. L. 92–303, § 3(b), substituted “a coal mine” for “an underground coal mine”
Source evidence
Code amendment note
Subsecs. (b), (d). Pub. L. 92–303, § 3(b), substituted “a coal mine” for “an underground coal mine”.
Enacted provision · exact public law section
(b) Sections 402(b), 402(d), 422(a), and 423(a) of such Act are each amended by striking out “an underground” and inserting “a” in lieu thereof.
1972
Black Lung Benefits Act of 1972
Pub. L. 92–303 § 1(c)(3) · 86 Stat. 150
Changed · 30 U.S.C. § 902(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(1) Section 412(a) of the Federal Coal Mine Health and Safety Act of I960 is amended by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: “(3) In the ease of the child or children of a miner whose death is due to pneumoconiosis or 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, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, 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 Post, p. 152. he meets the criteria for the term ‘child’ contained in section 402(g): 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).”
1972
Black Lung Benefits Act of 1972
Pub. L. 92–303 § 4(a) · 86 Stat. 150
Changed · 30 U.S.C. § 902(f)
Pub. L. 92–303, § 4(a), expanded definition of “total disability” to include a miner prevented from engaging in gainful employment by pneumoconiosis
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(a) Section 402(f) of the Federal Coal Mine Health and Safety Act of 1969 is amended to read as follows: 30 USC 902. “Total disability.” “(f) The term ‘total disability’ has the meaning given it by regulations of the Secretary of Health, Education, and Welfare, except that such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis prevents him from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he previously engaged with some regularity and over a substantial period of time. Such regulations shall not provide more restrictive criteria than those applicable under section 223 (d) of the Social Security Act.” 81 Stat. 868. 42 USC 423.
1972
Black Lung Benefits Act of 1972
Pub. L. 92–303 § 1(c)(4) · 86 Stat. 150
Added · 30 U.S.C. § 902(g)
Pub. L. 92–303, § 1(c)(4), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 92–303, § 1(c)(4), added subsec. (g).
Enacted provision · exact public law section
(1) Section 412(a) of the Federal Coal Mine Health and Safety Act of I960 is amended by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: “(3) In the ease of the child or children of a miner whose death is due to pneumoconiosis or 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, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, 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 Post, p. 152. he meets the criteria for the term ‘child’ contained in section 402(g): 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).”
1978
Pub. L. 95–239 § 2(a) · 92 Stat. 95
Substituted · 30 U.S.C. § 902(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(a) Section 402(b) of the Federal Mine Safety and Health Act of 1977 (hereinafter in this Act referred to as the “Act”) is 30 USC 902. amended to read as follows: “(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,”.
1978
Pub. L. 95–239 § 2(b) · 92 Stat. 95
1. Substituted · 30 U.S.C. § 902(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”
2. Inserted · 30 U.S.C. § 902(d)
  Pub. L. 95–239, § 2(b), 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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(b) Section 402(d) of the Act is amended to read as follows: “(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.”.
1978
Pub. L. 95–239 § 2(c) · 92 Stat. 95
1. Amended · 30 U.S.C. § 902(f)
  Pub. L. 95–239, § 2(c), designated existing provisions as pars. (1)(A) and (1)(C)
2. Inserted · 30 U.S.C. § 902(f)
  Pub. L. 95–239, § 2(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
3. Added · 30 U.S.C. § 902(f)
  Pub. L. 95–239, § 2(c), added pars. (1)(B), (1)(D), and (2)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(c) Section 402(f) of the Act is amended to read as follows: “(f) (1) The term ‘total disability’ has the meaning given it by regulations of the Secretary of Health, Education, and Welfare for claims under part B of this title, and by regulations of the Secretary of Labor 30 USC 921 et seq. 30 USC 931 et seq. 30 USC 923. for claims under part C of this title, subject to the relevant provisions of subsections (b) and (d) of section 413, 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 223(d) of the Social Security Act; and 42 USC 423. “(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 which is subject to review by the Secretary of Health, Education, and Welfare, or subject to a determination by Post, p. 103. the Secretary of Labor, under section 435 (a); “(B) any claim which is subject to review by the Secretary of Labor under section 435(b); and “(C) any claim filed on or before the effective date of regulations promulgated under this subsection by the Secretary of Labor; shall notice more restrictive than the criteria applicable to a claim filed on June 30, 1973, whether or not the final dispositon of any such claim occurs after the date of such promulgation of regulations by the Secretary of Labor.”,
1978
Pub. L. 95–239 § 2(d) · 92 Stat. 95
Added · 30 U.S.C. § 902(h)
Pub. L. 95–239, § 2(d), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 95–239, § 2(d), added subsec. (h).
Enacted provision · exact public law section
(d) Section 402 of the Act is amended by adding at the end thereof the, following new subsection: (h) The term “fund” means the Black Lung Disability Trust Fund established in section 3(a)(1) of the Black Lung Benefits Revenue 30 USC 934a. Ante, p. 12. Act of 1977.”.
1981
Pub. L. 97–119 § 104(b)(1) · 95 Stat. 1635
Substituted · 30 U.S.C. § 902(h)
Pub. L. 97–119, § 104(b)(1), substituted “by section 9501 of title 26” for “in section 934a(a)(1) of this title”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(1) Section 402(h) of the Black Lung Benefits Act is amended to “Fund.” 30 USC 902. read as follows: “(h) The term ’fund’ means the Black Lung Disability Trust Fund established by section 9501 of the Internal Revenue Code of 1954.”.
1981
Pub. L. 97–119 § 205(b) · 95 Stat. 1635
Added · 30 U.S.C. § 902(i)
Pub. L. 97–119, § 205(b), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 97–119, § 205(b), added subsec. (i).
Enacted provision · exact public law section
(b) Section 402 is amended by inserting at the end thereof the “Claim denied.” 30 USC 902. following new paragraph: “(i) For the purposes of subsections (c) and (j) of section 422, and for Supra. the purposes of paragraph (7) of subsection (d) of section 9501 of the Internal Revenue Code of 1954, the term ’claim denied’ means a Ante, p. 1636. claim— “(1) denied by the Social Security Administration; 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 the date of enactment of the Black Lung Benefits Reform Act of 1977 and did not, within 1 year from the date of 30 USC 801 note. 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 the date of enactment of the Black Lung Benefits Reform Act of 1977 following a formal hearing or administrative or judicial review proceeding.”.
1986
Tax Reform Act of 1986
Pub. L. 99–514 § 2 · 100 Stat. 2085
Substituted · 30 U.S.C. § 902(h); 30 U.S.C. § 902(i)
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
Source evidence
Code amendment note
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 translated as “title 26” thus requiring no change in text.
Enacted provision · exact public law section
SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.
1994
Pub. L. 103–296 title I § 108(i)(1) · 108 Stat. 1464
Substituted · 30 U.S.C. § 902(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:
2002
Black Lung Consolidation of Administrative Responsibility Act
Pub. L. 107–275 § 2(b)(1)(A) · 116 Stat. 1925
Substituted · 30 U.S.C. § 902(c)
Pub. L. 107–275, § 2(b)(1)(A), substituted “, except where expressly otherwise provided,” for “where used in part C”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–275, § 2(b)(1)(A), substituted “, except where expressly otherwise provided,” for “where used in part C”.
Enacted provision · exact public law section
(A) in subsection (c), by striking “where used in part C” and inserting “, except where expressly otherwise provided,”;
Effective date note
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].”
2002
Black Lung Consolidation of Administrative Responsibility Act
Pub. L. 107–275 § 2(b)(1)(B) · 116 Stat. 1925
Inserted · 30 U.S.C. § 902(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(B) in subsection (f)(1), by inserting after “Secretary of Health, Education, and Welfare” the following: “, which were in effect on the date of enactment of the Black Lung Consolidation of Administrative Responsibilities Act,”;
Effective date note
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].”
2002
Black Lung Consolidation of Administrative Responsibility Act
Pub. L. 107–275 § 2(b)(1)(C)(ii) · 116 Stat. 1925
Struck · 30 U.S.C. § 902(f)(2)(A)
Pub. L. 107–275, § 2(b)(1)(C)(ii), struck out comma after “Secretary of Labor”
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 107–275, § 2(b)(1)(C)(ii), struck out comma after “Secretary of Labor”.
Enacted provision · exact public law section
(ii) by striking the comma after “Secretary of Labor”; and
Effective date note
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].”
2002
Black Lung Consolidation of Administrative Responsibility Act
Pub. L. 107–275 § 2(b)(1)(C)(i) · 116 Stat. 1925
Substituted · 30 U.S.C. § 902(f)(2)(A)
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,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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,”.
Enacted provision · exact public law section
(i) by striking “which is subject to review by the Secretary of Health, Education, and Welfare,” and inserting “arising under part B”; and
Effective date note
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].”
2002
Black Lung Consolidation of Administrative Responsibility Act
Pub. L. 107–275 § 2(b)(1)(D) · 116 Stat. 1925
Amended · 30 U.S.C. § 902(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(D) in subsection (i), by amending paragraph (1) to read as follows: “(1) for benefits under part B that was denied by the official responsible for administration of such part; or”.
Effective date note
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].”

22 of 22 references resolved to an enrolled provision

Editorial Notes

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.

Amendments1972–2002 · 6 rounds

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 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).

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 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.

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.

Credits

1969–2002 · 8 acts

1969Pub. L. 91–173, title IV, § 402, Dec. 30, 1969, 83 Stat. 792
1972Pub. L. 92–303, §§ 1(c)(2)–(4), 3(b), 4(a), May 19, 1972, 86 Stat. 151–153
1978Pub. L. 95–239, § 2, Mar. 1, 1978, 92 Stat. 95
1979Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695
1981Pub. L. 97–119, title I, § 104(b)(1), title II, § 205(b), Dec. 29, 1981, 95 Stat. 1639, 1645
1986Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095
1994Pub. L. 103–296, title I, § 108(i)(1), Aug. 15, 1994, 108 Stat. 1488
2002Pub. L. 107–275, § 2(b)(1), Nov. 2, 2002, 116 Stat. 1925.

Show as published

(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.)