
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC902]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
                       Part A--General Provisions
 
Sec. 902. Definitions

    For purposes of this subchapter--
    (a) The term ``dependent'' means--
        (1) a child as defined in subsection (g) of this section without 
    regard to subparagraph (2)(B)(ii) thereof; or
        (2) a wife who is a member of the same household as the miner, 
    or is receiving regular contributions from the miner for her 
    support, or whose husband is a miner who has been ordered by a court 
    to contribute to her support, or who meets the requirements of 
    section 416(b)(1) or (2) of title 42. The determination of an 
    individual's status as the ``wife'' of a miner shall be made in 
    accordance with section 416(h)(1) of title 42 as if such miner were 
    the ``insured individual'' referred to therein. The term ``wife'' 
    also includes a ``divorced wife'' as defined in section 416(d)(1) of 
    title 42 who is receiving at least one-half of her support, as 
    determined in accordance with regulations prescribed by the 
    Secretary, from the miner, or is receiving substantial contributions 
    from the miner (pursuant to a written agreement), or there is in 
    effect a court order for substantial contributions to her support 
    from such miner.

    (b) The term ``pneumoconiosis'' means a chronic dust disease of the 
lung and its sequelae, including respiratory and pulmonary impairments, 
arising out of coal mine employment.
    (c) The term ``Secretary'' where used in part C 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), 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,\1\ 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Commissioner of Social 
Security''.
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    (f)(1) The term ``total disability'' has the meaning given it by 
regulations of the Secretary of Health and Human Services \1\ for claims 
under part B of this subchapter, and by regulations of the Secretary of 
Labor for claims under part C of this subchapter, subject to the 
relevant provisions of subsections (b) and (d) of section 923 of this 
title, except that--
        (A) in the case of a living miner, such regulations shall 
    provide that a miner shall be considered totally disabled when 
    pneumoconiosis prevents him or her from engaging in gainful 
    employment requiring the skills and abilities comparable to those of 
    any employment in a mine or mines in which he or she previously 
    engaged with some regularity and over a substantial period of time;
        (B) such regulations shall provide that (i) a deceased miner's 
    employment in a mine at the time of death shall not be used as 
    conclusive evidence that the miner was not totally disabled; and 
    (ii) in the case of a living miner, if there are changed 
    circumstances of employment indicative of reduced ability to perform 
    his or her usual coal mine work, such miner's employment in a mine 
    shall not be used as conclusive evidence that the miner is not 
    totally disabled;
        (C) such regulations shall not provide more restrictive criteria 
    than those applicable under section 423(d) of title 42; and
        (D) the Secretary of Labor, in consultation with the Director of 
    the National Institute for Occupational Safety and Health, shall 
    establish criteria for all appropriate medical tests under this 
    subsection which accurately reflect total disability in coal miners 
    as defined in subparagraph (A).

    (2) Criteria applied by the Secretary of Labor in the case of--
        (A) any claim which is subject to review by the Secretary of 
    Health and Human Services,\1\ or subject to a determination by the 
    Secretary of Labor, under section 945(a) of this title;
        (B) any claim which is subject to review by the Secretary of 
    Labor under section 945(b) 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 section 423(d) of title 
    42,
        (ii) which began before the age specified in section 
    402(d)(1)(B)(ii) of title 42, or, in the case of a student, before 
    he ceased to be a student; or
        (C) a student.

The term ``student'' means a ``full-time student'' as defined in section 
402(d)(7) of title 42, or a ``student'' as defined in section 8101(17) 
of title 5. The determination of an individual's status as the ``child'' 
of the miner or widow, as the case may be, shall be made in accordance 
with section 416(h)(2) or (3) of title 42 as if such miner or widow were 
the ``insured individual'' referred to therein.
    (h) The term ``fund'' means the Black Lung Disability Trust Fund 
established by section 9501 of title 26.
    (i) For the purposes of subsections (c) and (j) of section 932 of 
this title, and for the purposes of paragraph (7) of subsection (d) of 
section 9501 of title 26, the term ``claim denied'' means a claim--
        (1) 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 March 1, 1978, and did not, within 1 year from the date of 
    notification of such denial, request a hearing, present additional 
    evidence or indicate an intention to present additional evidence, or 
    (B) the claim was denied under the law in effect prior to March 1, 
    1978, following a formal hearing or administrative or judicial 
    review proceeding.

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


                               Amendments

    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, Sec. 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, Sec. 205(b), added subsec. (i).
    1978--Subsec. (b). Pub. L. 95-239, Sec. 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, Sec. 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, Sec. 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, Sec. 2(d), added subsec. (h).
    1972--Subsec. (a). Pub. L. 92-303, Sec. 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, Sec. 3(b), substituted ``a coal 
mine'' for ``an underground coal mine''.
    Subsec. (e). Pub. L. 92-303, Sec. 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, Sec. 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, Sec. 1(c)(4), added subsec. (g).

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (f) pursuant 
to section 509(b) of Pub. L. 96-88 which is classified to section 
3508(b) of Title 20, Education.


                    Effective Date of 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 922, 931, 934 of this title; 
title 26 sections 192, 501, 9501.
