30 U.S.C. § 902 — Definitions

Page 179 TITLE 30—MINERAL LANDS AND MINING § 902 1 See References in Text note below. provisions of this title [see Short Title of 1981 Amend- ment note set out under section 801 of this title] shall take effect on January 1, 1982.’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–239, § 20(a), Mar. 1, 1978, 92 Stat. 106, pro- vided that: ‘‘The provisions of this Act [see Short Title of 1978 Amendment note set out under section 801 of this title] shall take effect on the date of enactment of this Act [Mar. 1, 1978].’’ EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–303, § 3(c), May 19, 1972, 86 Stat. 153, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 902, 921, 932, and 933 of this title] shall be effective as of December 30, 1969.’’ Amendment by section 4(b)(2) of Pub. L. 92–303 effec- tive Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out as a note under section 921 of this title. EFFECTIVE DATE Subchapter effective Dec. 30, 1969, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title. SEPARABILITY Pub. L. 97–119, title II, § 206(b), Dec. 29, 1981, 95 Stat. 1645, provided that: ‘‘If any provision of this title [see Short Title of 1981 Amendment note, set out under sec- tion 801 of this title], or the application of such provi- sion to any person or circumstance, shall be held in- valid, the remainder of this title, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.’’ SPECIAL BENEFITS FOR DISABLED COAL MINERS Pub. L. 102–394, title II, Oct. 6, 1992, 106 Stat. 1806, pro- vided that: ‘‘For carrying out title IV of the Federal Mine Safety and Health Act of 1977 [30 U.S.C. 901 et seq.], including for fiscal year 1993 and thereafter the payment of travel expenses on an actual cost or com- muted basis, to an individual, for travel incident to medical examinations, and when travel of more than 75 miles is required, to parties, their representatives, and all reasonably necessary witnesses for travel within the United States, Puerto Rico and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $601,313,000, to remain avail- able until expended: Provided, That monthly benefit payments for fiscal year 1993 and thereafter shall be paid consistent with section 215(g) of the Social Secu- rity Act [42 U.S.C. 415(g)].’’ STUDY OF CURRENT MEDICAL METHODS FOR DIAGNOSIS OF PNEUMOCONIOSIS AND NATURE AND EXTENT OF IM- PAIRMENT ATTRIBUTABLE TO SIMPLE AND COM- PLICATED PNEUMOCONIOSIS; REPORT TO CONGRESS Pub. L. 97–119, title II, § 202(e), Dec. 29, 1981, 95 Stat. 1643, directed Secretary of Labor, in consultation with Secretary of Health and Human Services, to undertake a study of current medical methods for diagnosis of pneumoconiosis, and of nature and extent of impair- ment and disability that are attributable to the exist- ence of both simple and complicated pneumoconiosis, with study, together with appropriate recommenda- tions, to be transmitted to Congress no later than eighteen months after Jan. 1, 1982. STUDY OF BENEFITS UNDER THIS SUBCHAPTER, OTHER BENEFITS RECEIVED, AND BENEFITS IF STATE WORK- ERS’ COMPENSATION PROGRAMS APPLICABLE; REPORT TO CONGRESS Pub. L. 97–119, title II, § 203(c), Dec. 29, 1981, 95 Stat. 1644, directed Secretary of Labor to undertake a study of the benefits provided by this subchapter, other bene- fits received by individuals who receive benefits under this subchapter, and benefits which would be received were State workers’ compensation programs applicable in lieu of benefits under this subchapter, with study, together with appropriate recommendations, to be transmitted to Congress no later than eighteen months after Jan. 1, 1982. § 902. Definitions For purposes of this subchapter— (a) The term ‘‘dependent’’ means— (1) a child as defined in subsection (g) with- out 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 or- dered 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 re- ceiving at least one-half of her support, as de- termined in accordance with regulations pre- scribed 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 impair- ments, arising out of coal mine employment. (c) The term ‘‘Secretary’’, except where ex- pressly 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 extrac- tion or preparation of coal. Such term also in- cludes an individual who works or has worked in coal mine construction or transportation in or around a coal mine, to the extent such indi- vidual 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 reason- able cause or because of his desertion, or who meets the requirements of section 416(c)(1), (2), (3), (4), or (5),1 and section 416(k) of title 42, who is not married. The determination of an individ- ual’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 indi- vidual’’ referred to therein. Such term also in- cludes 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 pre- scribed by the Secretary, 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 Page 180 TITLE 30—MINERAL LANDS AND MINING § 902 contributions to her support from the miner at the time of his death. (f)(1) The term ‘‘total disability’’ has the meaning given it by regulations of the Secretary of Health and Human Services, which were in ef- fect on November 2, 2002, 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 provi- sions of subsections (b) and (d) of section 923 of this title, except that— (A) in the case of a living miner, such regu- lations shall provide that a miner shall be con- sidered 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 sub- stantial 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 dis- abled; and (ii) in the case of a living miner, if there are changed circumstances of employ- ment 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 to- tally 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 estab- lish 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 arising under part B of this subchapter or subject to a determination by the Secretary of Labor under section 945(a) 1 of this title; (B) any claim which is subject to review by the Secretary of Labor under section 945(b) 1 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 promulga- tion 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 stu- dent; or (C) a student. The term ‘‘student’’ means a ‘‘full-time stu- dent’’ 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 sec- tion 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) for benefits under part B of this sub- chapter that was denied by the official respon- sible for administration of such part; 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 indi- cate an intention to present additional evi- dence, 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, § 402, Dec. 30, 1969, 83 Stat. 792; Pub. L. 92–303, §§ 1(c)(2)–(4), 3(b), 4(a), May 19, 1972, 86 Stat. 151–153; Pub. L. 95–239, § 2, Mar. 1, 1978, 92 Stat. 95; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–119, title I, § 104(b)(1), title II, § 205(b), Dec. 29, 1981, 95 Stat. 1639, 1645; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(1), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(b)(1), Nov. 2, 2002, 116 Stat. 1925.) Editorial Notes REFERENCES IN TEXT Section 416(c)(1), (2), (3), (4), or (5) of title 42, referred to in subsec. (e), was redesignated section 416(c)(1)(A), (B), (C), (D), and (E) by Pub. L. 108–203, title IV, § 414(a)(2), (4), Mar. 2, 2004, 118 Stat. 529. Section 945 of this title, referred to in subsec. (f)(2)(A), (B), was repealed by Pub. L. 107–275, § 2(c)(1), Nov. 2, 2002, 116 Stat. 1926. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–275, § 2(b)(1)(A), sub- stituted ‘‘, except where expressly otherwise provided,’’ for ‘‘where used in part C’’. Subsec. (f)(1). Pub. L. 107–275, § 2(b)(1)(B), inserted ‘‘, which were in effect on November 2, 2002,’’ after ‘‘Secretary of Health and Human Services’’. Subsec. (f)(2)(A). Pub. L. 107–275, § 2(b)(1)(C)(ii), struck out comma after ‘‘Secretary of Labor’’. Pub. L. 107–275, § 2(b)(1)(C)(i), substituted ‘‘arising under part B of this subchapter’’ for ‘‘which is subject to review by the Secretary of Health and Human Serv- ices,’’. Subsec. (i)(1). Pub. L. 107–275, § 2(b)(1)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘denied by the Social Security Administra- tion; or’’. 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 ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue 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 8110 of title 5. Subsecs. (b), (d). Pub. L. 92–303, § 3(b), substituted ‘‘a coal mine’’ for ‘‘an underground coal mine’’. Subsec. (e). Pub. L. 92–303, § 1(c)(3), expanded defini- tion of ‘‘widow’’ by reference to title 42 and provided procedure for the determination of the status. Subsec. (f). Pub. L. 92–303, § 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, § 1(c)(4), added subsec. (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ 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 2002 AMENDMENT Pub. L. 107–275, § 4, Nov. 2, 2002, 116 Stat. 1928, pro- vided that: ‘‘This Act [amending this section and sec- tions 921 to 924, 925, 932a, and 936 of this title, repealing sections 904, 924a, and 945 of this title, and enacting provisions set out as notes under sections 801 and 921 of this title], and the amendments made by this Act, shall take effect 90 days after the date of enactment of this Act [Nov. 2, 2002].’’ 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 effec- tive Jan. 1, 1982, except as otherwise provided, see sec- tion 206(a) of Pub. L. 97–119, set out as a note under sec- tion 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. § 903. Field offices (a) The Secretary of Labor shall establish and operate such field offices as may be necessary to assist miners and survivors of miners in the fil- ing and processing of claims under this sub- chapter. Such field offices shall, to the extent feasible, be reasonably accessible to such miners and survivors. The Secretary, in connection with the establishment and operation of field of- fices, may enter into arrangements with other Federal departments and agencies, and with State agencies, for the use of existing facilities operated by such departments and agencies. Where the establishment of separate facilities is not feasible the Secretary may enter into such arrangements as he deems necessary with the heads of Federal departments, agencies, and in- strumentalities and with State agencies for the use of existing facilities and personnel under their control. (b) There are authorized to be appropriated for the purposes of subsection (a) such sums as may be necessary. (Pub. L. 95–239, § 18, Mar. 1, 1978, 92 Stat. 105.) Editorial Notes CODIFICATION Section was enacted as part of the Black Lung Bene- fits Reform Act of 1977, and not as part of the Federal Mine Safety and Health Act of 1977 which comprises this chapter or the Black Lung Benefits Act which comprises this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as an Effective Date of 1978 Amend- ment note under section 901 of this title. § 904. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2, 2002, 116 Stat. 1926 Section, Pub. L. 95–239, § 19, Mar. 1, 1978, 92 Stat. 106, related to providing information to potential bene- ficiaries of changes made by Black Lung Benefits Re- form Act of 1977. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as an Effective Date of 2002 Amendment note under section 902 of this title. PART B—CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 § 921. Regulations and presumptions (a) Promulgation; payment of benefits The Secretary shall, in accordance with the provisions of this part, and the regulations pro- mulgated by him under this part, make pay-