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EFFECTIVE DATE OF 1972 AMENDMENT

Section 3(c) of Pub. L. 92-303 provided 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 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92-303 set out as a note under section 921 of this title.

SHORT TITLE

Section 1(a) of Pub. L. 92-303 provided that: "[T]his Act [enacting sections 925, 937 to 941 of this title, amending this section and sections 902, 921, 922, 923, 924, 931, 932, 933, 934, 936 and 951 of this title, and enacting provisions set out as notes under sections 921, 922, and 923 of this title] may be cited as the 'Black Lung Benefits Act of 1972'."

§ 902. Definitions.

(a) The term "dependent" means

(1) a child as defined in subsection (g) of this section 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, 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 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 arising out of employment in a coal mine.

(d) The term "miner" means any individual who is or was employed in a coal mine.

(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 reasonable cause or because of his desertion, or who meets the requirements of section 416 (c) (1), (2), (3), (4), or (5), and section 416 (k) of Title 42, who is not married. The determination of an individual'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 individual" referred to therein. Such term also includes 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 prescribed 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 contributions to her support from the miner at the time of his death.

(f) The term "total disability" has the meaning given it by regulations of the Secretary of Health. Education, and Welfare, except that such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis prevents him from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he previously engaged with some regularity and over a substantial period of time. Such regulations shall not provide more restrictive criteria than those applicable under section 423 (d) of Title 42.

(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 student; or

(C) a student.

The term "student" means a "full-time student" 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 section 416(h) (2) or (3) of Title 42 as if such miner or widow were the "insured individual" referred to therein. (As amended Pub. L. 92-303, §§ 1 (c) (2)–(4), 3(b), 4(a), May 19, 1972, 86 Stat. 151-153.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-303, § 1 (c) (2). expanded the definition of "dependent" to include children and wife without reference to section 8110 of Title 5.

Subsec. (b). Pub. L. 92-303, § 3(b), substituted "a coal mine" for "an underground coal mine".

Subsec. (d). Pub. L. 92-303, § 3(b), substituted "a coa! mine" for "an underground coal mine".

Subsec. (e). Pub. L. 92-303, § 1 (c) (3), expanded the definition 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 the 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).

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment of subsecs. (b) and (d) by section 3(b) of Pub. L. 92-303 effective December 30, 1969, see section 3 (c) of Pub. L. 92-303, set out as a note under section 901 of this title.

Amendment of subsec. (f) 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. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 922, 931 of this title.

PART B-CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973

PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 931, 936, 940 of this title.

§ 921. Regulations and presumptions.
(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 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) 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) Particular rebuttable 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;

(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, as the case may be; and

(4) if 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.

(As amended Pub. L. 92–303, §§ 3(a), 4(b)(1), (3), (c), (d), May 19, 1972, 86 Stat. 153, 154.)

AMENDMENTS

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), added 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). Pub. L. 92–303, § 3(a), substituted "coal mines" for "underground coal mines".

Subsec. (c) (2). Pub. L. 92–303, § 3(a), substituted "coal mines" for "underground coal mines”.

Subsec. (c) (3). Pub. L. 92-303, § 4(b) (3), added 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).

EFFECTIVE DATE OF 1972 AMENDMENT

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."

Amendment of subsec. (c)(1), (2) 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 REFERRED TO IN OTHER SECTIONS This section is referred to in sections 932, 940 of this title.

§ 922. Payment of benefits. (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:

(3) In the case of the child or children of a miner whose death is due to pneumoconiosis or 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, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, 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 equal to the rate specified in paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such children: Provided, That benefits shall only be paid to a child for so long as he meets the criteria for the term "child" contained in section 902(g) of this title: And provided further, That no entitlement to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is established under paragraph (2).

(4) In the case of an individual entitled to benefit payments under clause (1) or (2) of this subsection who has one or more dependents, the benefit payments shall be increased at the rate of 50 per centum of such benefit payments, if such individual has one dependent, 75 per centum if such individual has two dependents, and 100 per centum if such individual has three or more dependents.

(5) In the case of the dependent parent or parents of a miner whose death is due to pneumoconiosis, or of a miner who is receiving benefits under this part at the time of his death, or of a miner who was totally disabled by pneumoconiosis at the time of death, and who is not survived at the time of his death by a widow or a child, or in the case of the dependent surviving brother (s) or sister (s) of such a miner who is not survived at the time of his death by a widow, child, or parent, benefits shall be paid under this part to such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent(s) or such brother (s) or sister(s), were the children of such miner). In determining for purposes of this paragraph whether a claimant bears the relationship as the miner's parent, brother, or sister, the Secretary shall apply legal standards consistent with those applicable to relationship determination under subchapter II of chapter 7 of Title 42. No benefits to a sister or brother shall be payable under this paragraph for any month beginning with the month in which he or she receives support from his or her spouse, or marries. Benefits shall be payable under this paragraph to a brother only if he is

(1) (A) under eighteen years of age, or

(B) under a disability as defined in section 423 (d) of Title 42 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 student, or

(C) a student as defined in section 902(g) of this title; or

(2) who is, at the time of the miner's death, disabled as determined in accordance with section 423 (d) of Title 42, during such disability. Any benefit under this paragraph for a month prior to the month in which a claim for such benefit is filed shall be reduced to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior months. As used in this paragraph, "dependent" means that during the one year period prior to and ending with such miner's death, such parent,

brother, or sister was living in the miner's household, and was, during such period, totally dependent on the miner for support. Proof of such support shall be filed by such claimant within two years after May 1972, or within two years after the miner's death, whichever is the later. Any such proof which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof within such period. The determination of what constitutes "living in the miner's household", "totally dependent upon the miner for support," and "good cause," shall for purposes of this paragraph be made in accordance with regulations of the Secretary. Benefit payments under this paragraph to a parent, brother, or sister, shall be reduced by the amount by which such payments would be reduced on account of excess earnings of such parent, brother, or sister, respectively, under section 403 (b) (1) of Title 42, as if the benefit under this paragraph were a benefit under section 402 of Title 42.

(6) If an individual's benefits would be increased under paragraph (4) of this subsection because he or she has one or more dependents, and it appears to the Secretary that it would be in the interest of any such dependent to have the amount of such increase in benefits (to the extent attributable to such dependent) certified to a person other than such individual, then the Secretary may, under regulations prescribed by him, certify the amount of such increase in benefits (to the extent so attributable) not to such individual but directly to such dependent or to another person for the use and benefit of such dependent; and any payment made under this clause. if otherwise valid under this subchapter, shall be a complete settlement and satisfaction of all claims. rights, and interests in and to such payment. (b) Reduction of benefits.

Notwithstanding subsection (a) of this section. benefit payments under this section to a miner or his widow, child, parent, brother, or sister shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such miner or his widow, child, parent, brother, or sister under the workmen's compensation, unemployment compensation, or disability insurance laws of his State on account of the disability of such miner, and the amount by which such payment would be reduced on account of excess earnings of such miner under section 403(b) through (1) of Title 42, if the amount paid were a benefit payable under section 402 of Title 42. This part shall not be considered a workmen's compensation law or plan for purposes of section 424a of Title 42.

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(As amended Pub. L. 92-303, §§ 1(b) (1), (2), (c) (1), 2(a), May 19, 1972, 86 Stat. 150, 151, 153.)

AMENDMENTS

1972 Subsec. (a) (3). Pub. L. 92-303, § 1(b)(1), added par. (3). Former par. (3) was redesignated as par. (4). Subsec. (a) (4). Pub. L. 92-303, § 1(b) (1) redesignated former par. (3) as par. (4).

Subsec. (a) (5). Pub. L. 92-303, § 1(b) (2), added par. (5).

Subsec. (a) (6). Pub. L. 92–303, § 1(b) (2), added par. (6). Subsec. (b). Pub. L. 92-303, §§ 1(c) (1), 2(a), substituted "widow, child, parent, brother, or sister" for "widow" wherever appearing, and added provision that this part would not be considered as a workmen's compensation law or plan for purposes of section 424a of Title 42.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 2(b) of Pub. L. 92-303 provided that: "The amendment made by this section [amending subsec. (b) of this section] shall be effective as of December 30, 1969." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 924 of this title.

§ 923. Filing of notice of claim.

(a) Promulgation of regulations; time requirement. Except as otherwise provided in section 924 of this title, 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) Applicability of sections 404 to 408, 421 and 423 of Title 42; use of personnel and procedures; reimbursement of expenses.

In carrying out the provisions of this part, the Secretary shall to the maximum extent feasible (and consistent with the provisions of this part) utilize the personnel and procedures he uses in determining entitlement to disability isurance benefit payments under section 423 of Title 42, but 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. Claimants under this part shall be reimbursed for reasonable medical expenses incurred by them in establishing their claims. For purposes of determining total disability under this part, the provisions of subsections (a), (b), (c), (d), and (g) of section 421 of Title 42 shall be applicable. The provisions of sections 404, 405(a), (b), (d), (e), (f), (g), (h), (j), (k), and (l), 406, 407, and 408 of Title 42 shall be applicable under this part with respect to a miner, widow, child, parent, brother, sister, or dependent, as if benefits under this part were benefits under subchapter II of chapter 7 of Title 42.

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1972 Subsec. (a). Pub. L. 92-303, § 5(2), substituted "1973" for "1972".

Subsec. (b). Pub. L. 92-303, §§ 1 (c) (5) (A), 4(f), added provisions making sections 404 to 408 of Title 42 applicable, and for a more liberal consideration of claims for benefits.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment of subsec. (b) by section 4(f) 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.

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EFFECTIVE DATE FOR THE APPLICATION OF SECTION 405 OF TITLE 42

Section 1 (c) (5) (B) of Pub. L. 92-303 provided that: "Only section 205 (b), (g), and (h) of those sections of the Social Security Act [section 405 (b), (g), and (h) of Title 42] recited in subparagraph (A) of this paragraph [amending subsec. (b) of this section] shall be effective as of the date provided in subsection (d) of this section." There is no subsec. (d) in section 1 of Pub. L. 92-303 as it was enacted. However, Senate Report No. 92-743, at page 30, refers to such a subsec. (d) applying the provisions of section of Pub. L. 92-303 retroactively to December 30, 1969.

§ 924. Time for filing claims.

(a) Claims filed before December 31, 1973.

(1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December 31, 1973, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1973, whichever is the later.

(2) In the case of a claim by a child this paragraph shall apply notwithstanding any other provision of this part.

(A) If such claim is filed within six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child would have been first eligible for such benefit payments had section 922(a) (3) of this title been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period.

(B) If such claim is filed after six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit payments had section 922(a)(3) of this title been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from a date twelve months preceding the date such claim is filed, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period.

(C) No claim for benefits under this part, in the case of a claimant who is a child shall be considered unless it is filed within six months after the death of his father or mother (whichever last occurred) or by December 31, 1973, whichever is the later.

(D) Any benefit under subparagraph (A) or (B) for a month prior to the month in which a claim is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior month.

(3) No claim for benefits under this part, in the case of a claimant who is a parent, brother, or sister shall be considered unless it is filed within six

months after the death of the miner or by December 31, 1973, whichever is the later.

(b) Filing of claims after June 30, 1973.

No benefits shall be paid under this part after December 31, 1973, if the claim therefor was filed after June 30, 1973.

(e) Conditions upon payment.

No benefits shall be payable to a widow, child, parent, brother, or sister under this part on account of the death of a miner unless (1) benefits under this part were being paid to such miner with respect to disability to pneumoconiosis prior to his death, or (2) the death of such miner occurred prior to January 1, 1974. (As amended Pub. L. 92-303, §§ 1 (c) (1), (6), 5(1)–(3), May 19, 1972, 86 Stat. 151, 152, 155.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-303, §§ 1 (c) (6), 5(2), designated existing provisions as par. (1) and added pars. (2) and (3), and in par. (1) substituted "1973" for "1972" wherever appearing.

Subsec. (b). Pub. L. 92-303, §§ 5(1), (2), substituted "June 30, 1973" for "December 31, 1971" and "1973" for "1972" wherever appearing.

Subsec. (e). Pub. L. 92-303, §§ 1 (c) (1), 5(3), substituted "widow, child, parent, brother, or sister" for "widow" and "1974" for "1973", respectively.

§ 925. Procedure for the determination of claims during transition period.

(a) Notwithstanding any other provision in this subchapter, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for administration of the benefits program is assumed by either a State workmen's compensation agency or the Secretary of Labor, any claim for benefits under this part filed during the period from July 1, 1973 to December 31, 1973, shall be considered and determined in accordance with the procedures of this section. With respect to any such claim

(1) Such claim shall be determined and, where appropriate under this part or section 934 of this title, benefits shall be paid with respect to such claim by the Secretary of Labor.

(2) The manner and place of filing such claim shall be in accordance with regulations issued jointly by the Secretary of Health, Education, and Welfare and the Secretary of Labor, which regulations shall provide, among other things, that such claims may be filed in district offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration.

(3) The Secretary of Labor shall promptly notify any operator who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benefits to the claimant under part C of this subchapter for any month after December 31, 1973.

(4) In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of section 919 of Title 33.

(5) Any operator who has been notified of the pendency of a claim under paragraph 4 of this subsection shall be bound by the determination of

the Secretary of Labor on such claim as if the claim had been filed pursuant to part C of this subchapter and section 932 of this title had been applicable to such operator. Nothing in this paragraph shall require any operator to pay any benefits for any month prior to January 1, 1974.

(b) The Secretary of Labor, after consultation with the Secretary of Health, Education, and Welfare, may issue such regulations as are necessary or appropriate to carry out the purpose of this section. (Pub. L. 91-173, title IV, § 415, as added Pub. L. 92-303, § 7, May 19, 1972, 86 Stat. 156.)

PART C-CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 925 of this title.

§ 931. Filing for benefits under State workmen's compensation laws; adequacy of compensation; listing of States providing adequate compensation; requisites for listing; publication in the Federal Register; review of listings.

(a) 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 they shall be entitled to claim benefits under this part. (b) (1)

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(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

(C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent to section 902(f) of this title and to those standards established under part B of this subchapter, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder;

(c) Final regulations required for implementation of any amendments to this part 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 sixth month following the month in which such amendments are enacted. (As amended Pub. L. 92– 303, §§ 1 (c) (1), 4(e), 5(3), (5), May 19, 1972, 86 Stat. 151, 154, 155.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-303, §§ 1(c)(1), 5(3), substituted "widows, children, parents, brothers, or sisters, as the case may be," for "widows" and "1974" for "1973".

Subsec. (b) (2) (C). Pub. L. 92-303. § 4(e), substituted "section 902 (f) of this title and to those standards established under part B of this subchapter" for "those established by section 921 of this title".

Subsec. (c). Pub. L. 92-303, § 5(5) added subsec. (c).

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