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Title 30 — Mineral Lands and Mining

Part B · Chapter 22 — Mine Safety and Health

§ 925. Procedure for the determination of claims during transition period

Statutory text

(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 to , shall be considered and determined in accordance with the procedures of this section. With respect to any such claim—

(1)

Such claim shall be determined and, where appropriate under this part or section 9501(d) of title 26, benefits shall be paid with respect to such claim by the Secretary of Labor.

(2)

The Secretary of Labor shall promptly notify any operator who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benefits to the claimant under part C of this subchapter for any month after .

(3)

In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of section 919 of title 33.

(4)

Any operator who has been notified of the pendency of a claim under paragraph (2) of this subsection shall be bound by the determination of the Secretary of Labor on such claim as if the claim had been filed pursuant to part C of this subchapter and section 932 of this title had been applicable to such operator. Nothing in this paragraph shall require any operator to pay any benefits for any month prior to .

(b)

The Secretary of Labor may issue such regulations as are necessary or appropriate to carry out the purpose of this section.

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.

  1. Federal Coal Mine Health and Safety Act of 1969

    Pub. L. 91–173 title IV § 415 · 83 Stat. 742

    Enacted · 30 U.S.C. § 925

    Pub. L. 91–173, title IV, § 415, as added Pub. L. 92–303, § 7, May 19, 1972, 86 Stat. 156

    Source evidence

    Code source credit
    Pub. L. 91–173, title IV, § 415, as added Pub. L. 92–303, § 7, May 19, 1972, 86 Stat. 156

  2. Pub. L. 97–119 title I § 104(b)(2) · 95 Stat. 1635

    Substituted · 30 U.S.C. § 925(a)(1)

    Pub. L. 97–119 substituted “section 9501(d) of title 26” for “section 934 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 97–119 substituted “section 9501(d) of title 26” for “section 934 of this title”.

    Enacted provision · exact public law section
    (2) Section 415(a)(1) of the Black Lung Benefits Act is amended 30 USC 925. by striking “section 424 of this title” and inserting in lieu thereof “section 9501(d) of the Internal Revenue Code of 1954”.

  3. Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 30 U.S.C. § 925(a)(1)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

    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.

  4. Pub. L. 103–296 title I § 108(i)(2) · 108 Stat. 1464

    Substituted · 30 U.S.C. § 925(a)(2); 30 U.S.C. § 925(a)(b)

    Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”

    Source evidence

    Code amendment note
    Subsecs. (a)(2), (b). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”.

    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:

  5. Black Lung Consolidation of Administrative Responsibility Act

    Pub. L. 107–275 § 2(b)(3)(A) · 116 Stat. 1925

    1. Redesignated · 30 U.S.C. § 925(a)(2)(5)

      Pub. L. 107–275, § 2(b)(3)(A), redesignated pars. (3) to (5) as (2) to (4), respectively

    2. Substituted · 30 U.S.C. § 925(a)(2)(5)

      Pub. L. 107–275, § 2(b)(3)(A), substituted “paragraph (2)” for “paragraph 4” in par. (4)

    3. Struck · 30 U.S.C. § 925(a)(2)(5)

      Pub. L. 107–275, § 2(b)(3)(A), struck out former par. (2) which read as follows: “The manner and place of filing such claim shall be in accordance with regulations issued jointly by the Commissioner of Social Security and the Secretary of Labor, which regulations shall provide, among other things, that such claims may be filed in district offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration.”

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (5). Pub. L. 107–275, § 2(b)(3)(A), redesignated pars. (3) to (5) as (2) to (4), respectively, substituted “paragraph (2)” for “paragraph 4” in par. (4), and struck out former par. (2) which read as follows: “The manner and place of filing such claim shall be in accordance with regulations issued jointly by the Commissioner of Social Security and the Secretary of Labor, which regulations shall provide, among other things, that such claims may be filed in district offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration.”

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) by striking paragraph (2); (ii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (iii) in paragraph (4) (as so redesignated), by striking “paragraph 4” and inserting “paragraph (2)”, and

    Effective date note
    Amendment by Pub. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.

  6. Black Lung Consolidation of Administrative Responsibility Act

    Pub. L. 107–275 § 2(b)(3)(B) · 116 Stat. 1925

    Struck · 30 U.S.C. § 925(b)

    Pub. L. 107–275, § 2(b)(3)(B), struck out “, after consultation with the Commissioner of Social Security,” after “Secretary of Labor”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–275, § 2(b)(3)(B), struck out “, after consultation with the Commissioner of Social Security,” after “Secretary of Labor”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “, after consultation with the Commissioner of Social Security,”.

    Effective date note
    Amendment by Pub. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1981–2002 · 4 rounds

2002

Subsec. (a)(2) to (5). Pub. L. 107–275, § 2(b)(3)(A), redesignated pars. (3) to (5) as (2) to (4), respectively, substituted “paragraph (2)” for “paragraph 4” in par. (4), and struck out former par. (2) which read as follows: “The manner and place of filing such claim shall be in accordance with regulations issued jointly by the Commissioner of Social Security and the Secretary of Labor, which regulations shall provide, among other things, that such claims may be filed in district offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration.”

Subsec. (b). Pub. L. 107–275, § 2(b)(3)(B), struck out “, after consultation with the Commissioner of Social Security,” after “Secretary of Labor”.

1994

Subsecs. (a)(2), (b). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”.

1986

Subsec. (a)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1981

Subsec. (a)(1). Pub. L. 97–119 substituted “section 9501(d) of title 26” for “section 934 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–275 effective 90 days after , see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–296 effective , 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.

Credits

1972–2002 · 5 acts
  1. 1972Pub. L. 91–173, title IV, § 415, as added Pub. L. 92–303, § 7, , 86 Stat. 156
  2. 1981amended Pub. L. 97–119, title I, § 104(b)(2), , 95 Stat. 1639
  3. 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
  4. 1994Pub. L. 103–296, title I, § 108(i)(2), , 108 Stat. 1488
  5. 2002Pub. L. 107–275, § 2(b)(3), , 116 Stat. 1925.
Show as published

(Pub. L. 91–173, title IV, § 415, as added Pub. L. 92–303, § 7, , 86 Stat. 156; amended Pub. L. 97–119, title I, § 104(b)(2), , 95 Stat. 1639; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), , 108 Stat. 1488; Pub. L. 107–275, § 2(b)(3), , 116 Stat. 1925.)

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