Title 30 — Mineral Lands and MiningRelease 119-73
§921 Regulations and presumptions
Title 30 › Chapter CHAPTER 22— - MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER IV— - BLACK LUNG BENEFITS › Part Part B— - Claims for Benefits Filed on or Before December 31, 1973 › § 921
Summary
The Secretary must pay benefits to miners who are totally disabled by pneumoconiosis and to survivors when a miner’s death was caused by pneumoconiosis. For claims under part C filed on or after the effective date of the Black Lung Benefits Amendments of 1981, the rule about being totally disabled at the time of death does not apply. The Secretary must write rules to decide when a miner is totally disabled by pneumoconiosis or when a death was due to it. Those rules had to be published after December 30, 1969 and no later than the end of the third month after December 1969. Final rules for any later changes had to be published no later than the end of the fourth month after the month the change was passed. The rules can be changed later. The law creates several legal assumptions to make claims easier. If a miner worked 10 years or more in coal mines, it is assumed the disease came from that work unless proved otherwise. If a miner worked 10 years or more and died of a respiratory disease, it is assumed the death was from pneumoconiosis (this does not apply to claims filed on or after the 1981 Amendments effective date). If tests show very large lung lesions by x‑ray, biopsy, autopsy, or equivalent methods, it cannot be disputed that the miner was totally disabled or died from pneumoconiosis. If a miner worked 15 years or more in underground coal mines, has a chest x‑ray negative for those large lesions but other evidence shows a totally disabling lung impairment, it is assumed the disability or death was from pneumoconiosis unless proven otherwise; a wife’s affidavit alone cannot prove this for a living miner. For miners who died on or before March 1, 1978 and who worked 25 years or more before June 30, 1971, survivors get benefits at the rate in section 922(a)(2) unless it is shown the miner was not disabled by pneumoconiosis; this last rule does not apply to claims filed on or after the day 180 days after the 1981 Amendments effective date. If these assumptions do not apply, the basic rule about paying benefits still governs.
Full Legal Text
Title 30, §921
Mineral Lands and Mining — Source: USLM XML via OLRC
(a)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)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)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.11 So in original. The period probably should be a comma. as the case may be.
(4)if 22 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.
(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 Secretary, 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)Nothing in subsection (c) shall be deemed to affect the applicability of subsection (a) in the case of a claim where the presumptions provided for therein are inapplicable.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The
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 Pub. L. 97–119, set out as an
Effective Date
of 1981 Amendment note under section 901 of this title.
Amendments
2010—Subsec. (c)(4). Pub. 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), (b), (c)(4), (5). Pub. L. 107–275 substituted “Secretary” for “Commissioner of Social Security” wherever appearing. 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, § 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, § 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, § 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, § 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, § 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, § 3(a), substituted “coal mines” for “underground coal mines”. Subsec. (c)(3). Pub. L. 92–303, § 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, § 4(c), added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date
of 2010 Amendment Pub. 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 Pub. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title.
Effective Date
of 1994 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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. Pub. L. 92–303, § 4(g), May 19, 1972, 86 Stat. 154, provided that: “The
Amendments
made by this section [amending this section and section 901, 902, 923, and 931 of this title] shall be effective as of December 30, 1969.” Transitional Provisions Pub. 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]. “(b) 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(b) 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.”
Reference
Citations & Metadata
Citation
30 U.S.C. § 921
Title 30 — Mineral Lands and Mining
Last Updated
Apr 6, 2026
Release point: 119-73