86 STAT. 153 Ante, p. 150. Benefit pay- 83 Stat. 794. 30 USC 901, 921, 932. 30 USC 902, 933. Effective date. 30 USC 902. "Total disability." 81 Stat. 868. 42 USC 423. Pub. Law 92-303 4 May 19, 1972. 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 412(a) (3) 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 the month in which this paragraph is enacted, 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 412(a) (3) 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." SEC. 2. (a) Section 412(b) of the Federal Coal Mine Health and Safety Act of 1969 is amended by adding at the end thereof the following: "This part shall not be considered a workmen's compensation law or plan for purposes of section 224 of such Act.” (b) The amendment made by this section shall be effective as of December 30, 1969. SEC. 3. (a) Sections 401, 411 (c) (1), 411 (c) (2), and 422 (h) of the Federal Coal Mine Health and Safety Act of 1969 are each amended by striking out "underground". (b) Sections 402(b), 402(d), 422 (a), and 423 (a) of such Act are each amended by striking out "an underground" and inserting "a" in lieu thereof. (c) The amendments made by this section shall be effective as of December 30, 1969. SEC. 4. (a) Section 402(f) of the Federal Coal Mine Health and Safety Act of 1969 is amended to read as follows: "(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 223 (d) of the Social Security Act." May 19, 1972 5 Pub. Law 92-303 86 STAT. 154 (b) (1) Section 411 (a) of such Act is further amended by adding 83 Stat. 793. at the end thereof the following: "or who at the time of his death was 30 USC 921. totally disabled by pneumoconiosis." (2) Section 401 is amended by inserting after the word "disease" 30 USC 901. each place it appears the following: "or who were totally disabled by this disease at the time of their deaths". (3) Section 411 (c) (3) is amended by inserting after "pneumoconiosis," the following: "or that at the time of his death he was totally disabled by pneumoconiosis." (e) Section 411(c) of such Act is amended by striking the word Rebuttable "and" at the end of paragraph (2), by striking the period at the end presumption. of paragraph (3), inserting "; and", and by adding at the end thereof the following new paragraph: "(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 title 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." (d) Section 411(b) is amended by inserting immediately after the Publication penultimate sentence thereof the following new sentence: "Final regu- in Federal lations required for implementation of any amendments to this title Register. 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." (e) Section 421(b) (2) (C) of such Act is amended by striking the 30 USC 931. word "those" and inserting in lieu thereof "section 402(f) of this title and to those standards", and by substituting for the words "by 30 USC 902. section 411" the words "under part B of this title". (f) The first sentence of section 413(b) of such Act is amended Claims, by inserting before the period at the end thereof the following: ", but validity no claim for benefits under this part shall be denied solely on the basis determination. of the results of a chest roentgenogram. In determining the validity of 83 Stat. 794. claims under this part, all relevant evidence shall be considered, includ- 30 USC 923. ing, 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." (g) The amendments made by this section shall be effective as of Effective date. December 30, 1969. 86 STAT. 155 Time extensions. 30 USC 924. 30 USC 931. 30 USC 932. Publication in Federal Register. 30 USC 936. Contract authority. Research grants. Appropriation. Discrimination prohibition. "Miner." Pub. Law 92-303 - 6 May 19, 1972 SEC. 5. Title IV of the Federal Coal Mine Health and Safety Act of 1969 is amended (1) by striking out "December 31, 1971" where it appears in section 414(b), and inserting in lieu thereof "June 30, 1973", (2) by striking out "1972" each place it appears and inserting in lieu thereof "1973", other than in section 421 (b) (1), (3) by striking out "1973" each time it appears and inserting in lieu thereof "1974", (4) by striking out "seven" where it appears in section 422(e) and inserting in lieu thereof "twelve”, (5) by adding a new subsection (c) to section 421 thereof as follows: "(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.", (6) by inserting immediately after section 426 thereof, the following new section: "SEC. 427. (a) The Secretary of Health, Education, and Welfare is authorized to enter into contracts with, and make grants to, public and private agencies and organizations and individuals for the construetion, purchase, and operation of fixed-site and mobile clinical facilities for the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive coal miners. The Secretary shall coordinate the making of such contracts and grants with the Appalachian Regional Commission. (b) The Secretary of Health, Education, and Welfare shall initiate research within the National Institute for Occupational Safety and Health, and is authorized to make research grants to public and private agencies and organizations and individuals for the purpose of devising simple and effective tests to measure, detect, and treat respiratory and pulmonary impairments in active and inactive coal miners. Any grant made pursuant to this subsection shall be conditioned upon all information, uses, products, processes, patents, and other develop; ments resulting from such research being available to the general public, except to the extent of such exceptions and limitations as the Secretary of Health, Education, and Welfare may deem necessary in the public interest. "(c) There is hereby authorized to be appropriated for the purpose of subsection (a) of this section $10,000,000 for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975. There are hereby authorized to be appropriated for the purposes of subsection (b) of this section such sums as are necessary.", (7) by adding at the end thereof the following new section: "SEC. 428. (a) No operator shall discharge or in any other way discriminate against any miner employed by him by reason of the fact that such miner is suffering from pneumoconiosis. No person shall cause or attempt to cause an operator to violate this section. For the purposes of this subsection the term 'miner' shall not include any person who has been found to be totally disabled. "(b) Any miner who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) of this section, or any representative of such miner may, within ninety days after such violation occurs, apply to the Secretary for a review of such alleged discharge or discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to enable May 19, 1972 - 7 Pub. Law 92-303 the parties to present information relating to such violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. Each hearing examiner presiding under this section and under the provisions of titles I, II and III of this Act shall receive compensation at a rate not less than that prescribed for GS-16 under section 5332 of title 5, United States Code. Upon receiving the report of such investigation, the Secretary shall make findings of fact. If he finds that such violation did occur, he shall issue a decision, incorporating an order therein, requiring the person committing such violation to take such affirmative action as the Secretary deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay. If he finds that there was no such violation, he shall issue an order denying the application. Such order shall incorporate the Secretary's findings therein. "(c) Whenever an order is issued under this subsection granting Penalty. relief to a miner at the request of such miner, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees) as determined by the Secretary to have been reasonably incurred by such miner for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing the violation.", (8) by adding at the end thereof the following new section: "SEC. 429. There is authorized to be appropriated to the Secretary Appropriation. of Labor such sums as may be necessary to carry out his responsibilities under this title. Such sums shall remain available until expended.", (9) by striking "7" in section 422(a), and 83 Stat. 796. 30 USC 932. (10) by adding at the end thereof the following new section: "SEC. 430. The amendments made by the Black Lung Benefits Act Applicability. of 1972 to part B of this title shall, to the extent appropriate, also 30 USC 921. apply to part C of this title: Provided, That for the purpose of 30 USC 931. determining the applicability of the presumption established by sec tion 411 (c) (4) to claims filed under part C of this title, no períod of Ante, p. 154. employment after June 30, 1971, shall be considered in determining whether a miner was employed at least fifteen years in one or more underground mines." SEC. 6. Title IV of the Federal Coal Mine Health and Safety Act of Claimants, 1969 is amended by adding at the end thereof the following new notification. section: "SEC. 431. The Secretary of Health, Education, and Welfare shall, upon enactment of the Black Lung Benefits Act of 1972, generally disseminate to all persons who filed claims under this title prior to the date of enactment of such Act the changes in the law created by such Act, and forthwith advise all persons whose claims have been denied for any reason or whose claims are pending, that their claims will be reviewed with respect to the provisions of the Black Lung Benefits Act of 1972." Ante, p. 155. SEC. 7. Title IV of the Federal Coal Mine Health and Safety Act Transition of 1969 is amended by adding at the end of part B thereof the follow- period, ing new section: "SEC. 415. (a) Notwithstanding any other provision in this title, 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 administration. 86 STAT. 157 83 Stat. 798. 30 USC 934. 30 USC 931. 33 USC 919. 30 USC 932. Regulations. Claims, filing. Ante, p. 154. Pub. Law 92-303 - 8 May 19, 1972 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 424 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 title 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 sections 19 (b), (c), and (d) of Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended. "(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 title and section 422 thereof 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." SEC. 8. Section 422(f) of title IV of the Federal Coal Mine Health and Safety Act of 1969 is amended by inserting "(1)" after “(f)” and by adding a new paragraph (2) as follows: "(2) Any claim for benefits under this section in the case of a living miner filed on the basis of eligibility under section 411 (c) (4) of this title, shall be filed within three years from the date of last exposed employment in a coal mine or, in the case of death from a respiratory or pulmonary impairment for which benefits would be payable under section 411 (c) (4) of this title, incurred as the result of employment in a coal mine, shall be filed within fifteen years from the date of last exposed employment in a coal mine.” Approved May 19, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: Nos. 92-460 and 92-460, Part II (Comm. on SENATE REPORTS: No. 92-743 (Comm. on Labor and Public Welfare) CONGRESSIONAL RECORD: Vol. 117 (1971): Oct. 18, Nov. 9, 10, considered and passed House. Vol. 118 (1972): Apr. 17, considered and passed Senate, amended. GPO 65-139 |