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30 U.S.C. § 921 — Congressional findings and declaration of purpose; short title
Federal law — U.S. Code and appendices · legal_authorities
**(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”.
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Stable record: federal_law:legal_authorities:record_usc_fe82e181463250d971566cb7
Source file: Laws/federal/codes/united-states-code/title-30/section-921-congressional-findings-and-declaration-of-purpose-short-title--33c1160ed9.md
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Source location: Title 30, Chapter 22, § 921; chapter-022-mine-safety-and-health.md
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**(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”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Technical Study Panel (referred to in this section as the “Panel”) which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining.
**(b) Membership** The Panel shall be composed of—
(1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety;
(2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and
(3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress.
**(c) Qualifications** Four of the six individuals appointed to the Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry.
**(d) Report**
(1) **In general** — Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Secretary of Health and Human Services, the Committee
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary or an authorized representative of the Secretary may prescribe in any coal mine that rescue chambers, properly sealed and ventilated, be erected at suitable locations in the mine to which persons may go in case of an emergency for protection against hazards. Such chambers shall be properly equipped with first aid materials, an adequate supply of air and self-contained breathing equipment, an independent communication system to the surface, and proper accommodations for the persons while awaiting rescue, and such other equipment as the Secretary may require. A plan for the erection, maintenance, and revisions of such chambers and the training of the miners in their proper use shall be submitted by the operator to the Secretary for his approval.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
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 [section 416(h)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/h/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/d/1&num=0&edition=prelim) 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”, 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 o
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 922
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Federal law — U.S. Code and appendices · legal_authorities
**(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 employmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 924a
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 921(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921/c&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 925
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promulgation of regulations; time requirement** Except as otherwise provided in [section 924 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section924&num=0&edition=prelim), no payment of benefits shall be made under this part except pursuant to a claim filed therefor on or before December 31, 1973, in such manner, in such form, and containing such information, as the Secretary shall by regulation prescribe.
**(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 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 931
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 921(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921/c&num=0&edition=prelim) are involved.11 So in original. The period probably should be a comma. they shall be entitled to claim benefits under this part.
**(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 pneumoconios
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 934
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 931(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section931/b&num=0&edition=prelim), the provisions of Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) et seq.], and as it may be amended from time to time (other than the provisions contained in sections 1, 2, 3, 4,,11 So in original. 8, 9, 10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47, 48, 49, 50, and 51 thereof) [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim), 902, 903, 904, 908, 909, 910, 912, 913, 929, 930, 931, 932, 933, 937, 938, 941, 943, 944, 945, 946, 947, 948, 948a, 949, 950], shall (except as otherwise provided in this subsection or by regulations of the Secretary and except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent with the provisions of [section 9501(d) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9501/d&num=0&edition=prelim)), be applicable to each operator of a coal mine in such State with respect to death or total disability due to pneumoconiosis arising out of employment in such mine, or with respect to
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 934a
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Federal law — U.S. Code and appendices · legal_authorities
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 11 See References in Text note below. [[30 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921&num=0&edition=prelim) et seq., 931 et seq.] and under section 415 of such Act [[30 U.S.C. 925](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section925&num=0&edition=prelim)]. For purposes of this section, the term “qualified individual” means such an individual, regardless of whether that individual is a hearing examiner appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). Nothing in this section shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 935
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Federal law — U.S. Code and appendices · legal_authorities
Page 181
TITLE 30—MINERAL LANDS AND MINING
§ 921
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), sub-
stituted ‘‘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, in-
cluding respiratory and pulmonary impairments, aris-
ing 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 in-
dividual 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 in-
clude 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 ex-
posed 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 pro-
visions 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 81
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 921
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