1 So in original. The period probably should be a comma.
as the case may be.
2 So in original. Probably should be capitalized.
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 Secretary 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 Secretary 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.
Editorial Notes
References in TextThe effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (a) and (c)(2), (5), is Jan. 1, 1982, except as otherwise provided. See section 206(a) of Puspan. L. 97–119, set out as an Effective Date of 1981 Amendment note under section 901 of this title.
Amendments2010—Subsec. (c)(4). Puspan. L. 111–148 struck out at end “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.”
2002—Subsecs. (a), (span), (c)(4), (5). Puspan. L. 107–275 substituted “Secretary” for “Commissioner of Social Security” wherever appearing.
1994—Subsecs. (a), (span), (c)(4), (5). Puspan. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
1981—Subsec. (a). Puspan. L. 97–119, § 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). Puspan. L. 97–119, § 202(span)(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). Puspan. L. 97–119, § 202(span)(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). Puspan. 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). Puspan. L. 92–303, § 4(span)(1), substituted “pneumoconiosis or who at the time of his death was totally disabled by pneumoconiosis” for “pneumoconiosis”.
Subsec. (span). Puspan. L. 92–303, § 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). Puspan. L. 92–303, § 3(a), substituted “coal mines” for “underground coal mines”.
Subsec. (c)(3). Puspan. L. 92–303, § 4(span)(3), inserted presumption that at the time of death the miner was totally disabled by pneumoconiosis.
Subsec. (c)(4). Puspan. L. 92–303, § 4(c), added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPuspan. L. 111–148, title I, § 1556(c), Mar. 23, 2010, 124 Stat. 260, provided that: “The amendments made by this section [amending this section and section 932 of this title] shall apply with respect to claims filed under part B or part C of the Black Lung Benefits Act (30 U.S.C. 921 et seq., 931 et seq.) after January 1, 2005, that are pending on or after the date of enactment of this Act [Mar. 23, 2010].”
Effective Date of 2002 AmendmentAmendment by Puspan. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Puspan. L. 107–275, set out as a note under section 902 of this title.
Effective Date of 1994 AmendmentAmendment by Puspan. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Puspan. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.
Effective Date of 1981 AmendmentAmendment by Puspan. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Puspan. L. 97–119, set out as a note under section 901 of this title.
Effective Date of 1978 AmendmentAmendment by Puspan. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Puspan. L. 95–239, set out as a note under section 901 of this title.
Effective Date of 1972 AmendmentAmendment by section 3(a) of Puspan. L. 92–303 effective Dec. 30, 1969, see section 3(c) of Puspan. L. 92–303, set out as a note under section 901 of this title.
Puspan. L. 92–303, § 4(g), May 19, 1972, 86 Stat. 154, 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.”
Transitional ProvisionsPuspan. L. 107–275, § 3, Nov. 2, 2002, 116 Stat. 1926, provided that:“(a)Applicability.—This section shall apply to the transfer of all functions relating to the administration of part B of subchapter IV (30 U.S.C. 901 et seq.) [probably means 30 U.S.C. 921 et seq.] from the Commissioner of Social Security (hereinafter in this section referred to as the ‘Commissioner’) to the Secretary of Labor, as provided by this Act [see Short Title of 2002 Amendment note set out under section 801 of this title]. “(span)Transfer of Assets, Liabilities, etc.—“(1) The Commissioner shall transfer to the Secretary of Labor all property and records that the Director of the Office of Management and Budget determines relate to the functions transferred to the Secretary of Labor by this Act or amendments made by this Act.
“(2)Section 1531 of title 31, United States Code, shall apply in carrying out this Act and amendments made by this Act, except that, for purposes of carrying out this Act and amendments made by this Act, the functions of the President under section 1531(span) shall be performed by the Director of the Office of Management and Budget unless otherwise directed by the President.
“(c)Continuation of Orders, Determinations, etc.—“(1) This Act shall not affect the validity of any order, determination, rule, regulation, operating procedure (to the extent applicable to the Secretary of Labor), or contract that—“(A) relates to a function transferred by this Act; and
“(B) is in effect on the date this Act takes effect [see Effective Date of 2002 Amendment note set out under section 902 of this title].
“(2) Any order, determination, rule, regulation, operating procedure, or contract described in paragraph (1) shall—“(A) apply on and after the effective date of this Act to the Secretary of Labor; and
“(B) continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law.
“(d)Continuation of Administrative Proceedings.—“(1) Any proceeding before the Commissioner involving the functions transferred by this Act that is pending on the date this Act takes effect shall continue before the Secretary of Labor, except as provided in paragraph (2).
“(2) Any proceeding pending before an Administrative Law Judge or the Appeals Council pursuant to part B and the applicable regulations of the Secretary of Health and Human Services shall continue before the Commissioner consistent with the following provisions:“(A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted, and shall include all rights to hearing, administrative review, and judicial review available under part B and the applicable regulations of the Secretary of Health and Human Services.
“(B) Any decision, order, or other determination issued in any proceeding described in this subsection shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law.
“(C) Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.
“(3) Any proceeding before the Secretary of Labor involving the functions transferred by this Act shall be subject to the statutory requirements for notice, hearing, action upon the record, administrative review, and judicial review that apply to similar proceedings before the Commissioner conducted prior to the enactment of this Act.
“(e)Continuation of Actions and Causes of Action.—“(1) Except as provided in paragraphs (2) and (3), this Act shall not abrogate, terminate, or otherwise affect any action or cause of action, that—“(A) relates to a function transferred by this Act; and
“(B) is pending or otherwise in existence on the date this Act takes effect [see Effective Date of 2002 Amendment note set out under section 902 of this title].
“(2) Any action pending before the Commissioner or any court on the date this Act takes effect that involves a function transferred by this Act shall continue before the Commissioner or court consistent with the following provisions:“(A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted.
“(B) Any decision, order, or other determination issued in any proceeding subject to this paragraph shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law.
“(3) Any cause of action by or against the Commissioner that exists on the date this Act takes effect and involves any function transferred by this Act may be asserted by or against the Secretary of Labor or the United States.
“(f)Continuation of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Social Security Administration, and relating to a function transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against the Social Security Administration, or by or against any officer thereof in his official capacity, relating to a function transferred by this Act, shall abate by reason of enactment of this Act.
“(g)Preservation of Penalties, etc.—The transfer of functions under this Act shall not release or extinguish any penalty, forfeiture, liability, prosecution, investigation, or right to initiate a future investigation or prosecution involving any function transferred by this Act.”
