
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC921]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
    Part B--Claims for Benefits Filed on or Before December 31, 1973
 
Sec. 921. Regulations and presumptions


(a) Promulgation; payment of benefits

    The Commissioner of Social Security 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 Commissioner of Social Security shall by regulation prescribe 
standards for determining for purposes of subsection (a) of this section 
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.
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    \1\ So in original. The period probably should be a comma.
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        (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 Commissioner of Social Security 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 
    Commissioner of Social Security 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. 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.
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    \2\ So in original. Probably should be capitalized.
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        (5) In the case of a miner who dies on or before March 1, 1978, 
    who was employed for 25 years or more in one or more coal mines 
    before June 30, 1971, the eligible survivors of such miner shall be 
    entitled to the payment of benefits, at the rate applicable under 
    section 922(a)(2) of this title, unless it is established that at 
    the time of his or her death such miner was not partially or totally 
    disabled due to pneumoconiosis. Eligible survivors shall, upon 
    request by the Commissioner of Social Security, furnish such 
    evidence as is available with respect to the health of the miner at 
    the time of his or her death. The provisions of this paragraph shall 
    not apply with respect to claims filed on or after the day that is 
    180 days after the effective date of the Black Lung Benefits 
    Amendments of 1981.

(d) Applicability of presumptions

    Nothing in subsection (c) of this section shall be deemed to affect 
the applicability of subsection (a) of this section in the case of a 
claim where the presumptions provided for therein are inapplicable.

(Pub. L. 91-173, title IV, Sec. 411, Dec. 30, 1969, 83 Stat. 793; Pub. 
L. 92-303, Secs. 3(a), 4(b)(1), (3), (c), (d), May 19, 1972, 86 Stat. 
153, 154; Pub. L. 95-239, Sec. 3(a), Mar. 1, 1978, 92 Stat. 96; Pub. L. 
97-119, title II, Secs. 202(b), 203(a)(5), Dec. 29, 1981, 95 Stat. 1643, 
1644; Pub. L. 103-296, title I, Sec. 108(i)(2), Aug. 15, 1994, 108 Stat. 
1488.)

                       References in Text

    The effective date of the Black Lung Benefits Amendments of 1981, 
referred to in subsecs. (a) and (c)(2), (4), (5), is Jan. 1, 1982, 
except as otherwise provided. See section 206(a) of Pub. L. 97-119, set 
out as an Effective Date of 1981 Amendment note under section 901 of 
this title.


                               Amendments

    1994--Subsecs. (a), (b), (c)(4), (5). Pub. L. 103-296 substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever 
appearing.
    1981--Subsec. (a). Pub. L. 97-119, Sec. 203(a)(5), inserted ``, 
except with respect to a claim filed under part C of this subchapter on 
or after the effective date of the Black Lung Benefits Amendments of 
1981,'' after ``pneumoconiosis or''.
    Subsec. (c)(2), (4). Pub. L. 97-119, Sec. 202(b)(1), inserted 
provision that this paragraph not apply with respect to claims filed on 
or after the effective date of the Black Lung Benefits Amendments of 
1981.
    Subsec. (c)(5). Pub. L. 97-119, Sec. 202(b)(2), inserted provision 
that this paragraph not apply with respect to claims filed on or after 
the day that is 180 days after the effective date of the Black Lung 
Benefits Amendments of 1981.
    1978--Subsec. (c). Pub. L. 95-239 capitalized and repunctuated the 
existing paragraphs to change their construction from that of 
uncapitalized clauses to complete sentences, and added par. (5).
    1972--Subsec. (a). Pub. L. 92-303, Sec. 4(b)(1), substituted 
``pneumoconiosis or who at the time of his death was totally disabled by 
pneumoconiosis'' for ``pneumoconiosis''.
    Subsec. (b). Pub. L. 92-303, Sec. 4(d), inserted provision for the 
promulgation and publication in the Federal Register of final 
regulations and their amendments and for time limits for publication.
    Subsec. (c)(1), (2). Pub. L. 92-303, Sec. 3(a), substituted ``coal 
mines'' for ``underground coal mines''.
    Subsec. (c)(3). Pub. L. 92-303, Sec. 4(b)(3), inserted presumption 
that at the time of death the miner was totally disabled by 
pneumoconiosis.
    Subsec. (c)(4). Pub. L. 92-303, Sec. 4(c), added par. (4).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as 
otherwise provided, see section 206(a) of Pub. L. 97-119, set out as a 
note under section 901 of this title.


                    Effective Date of 1978 Amendment

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


                    Effective Date of 1972 Amendment

    Amendment by section 3(a) of Pub. L. 92-303 effective Dec. 30, 1969, 
see section 3(c) of Pub. L. 92-303, set out as a note under section 901 
of this title.
    Section 4(g) of Pub. L. 92-303 provided that: ``The amendments made 
by this section [amending this section and sections 901, 902, 923, and 
931 of this title] shall be effective as of December 30, 1969.''

                  Section Referred to in Other Sections

    This section is referred to in sections 922, 923, 924 of this title.
