30 U.S.C. § 901

Congressional findings and declaration of purpose; short title

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(a) Congress finds and declares that there are a significant number of coal miners living today who are totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation’s coal mines; that there are a number of survivors of coal miners whose deaths were due to this disease; and that few States provide benefits for death or disability due to this disease to coal miners or their surviving dependents. It is, therefore, the purpose of this subchapter to provide benefits, in cooperation with the States, to coal miners who are totally disabled due to pneumoconiosis and to the surviving dependents of miners whose death was due to such disease; and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis.(b) This subchapter may be cited as the “Black Lung Benefits Act”.(Pub. L. 91–173, title IV, § 401, Dec. 30, 1969, 83 Stat. 792; Pub. L. 92–303, §§ 3(a), 4(b)(2), May 19, 1972, 86 Stat. 153, 154; Pub. L. 95–239, § 16, Mar. 1, 1978, 92 Stat. 105; Pub. L. 97–119, title II, § 203(a)(4), Dec. 29, 1981, 95 Stat. 1644.)Editorial NotesAmendments

1981—Subsec. (a). Pub. L. 97–119 struck out “or who were totally disabled by this disease at the time of their deaths” after “due to this disease” and “due to such disease”.

1978—Pub. L. 95–239 designated existing provisions as subsec. (a) and added subsec. (b).

1972—Pub. L. 92–303, § 3(a), inserted “or who were totally disabled by this disease at the time of their deaths” after “disease” the first and third times it appeared and struck out “underground” before “coal mines”.

Statutory Notes and Related SubsidiariesEffective Date of 1981 Amendment

Pub. L. 97–119, title II, § 206(a), Dec. 29, 1981, 95 Stat. 1645, provided that: “Except as otherwise provided, the provisions of this title [see Short Title of 1981 Amendment 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, provided 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, 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.

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 section 801 of this title], or the application of such provision to any person or circumstance, shall be held invalid, 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, provided 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 commuted 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 available until expended: Provided, That monthly benefit payments for fiscal year 1993 and thereafter shall be paid consistent with section 215(g) of the Social Security Act [42 U.S.C. 415(g)].”

Study of Current Medical Methods for Diagnosis of Pneumoconiosis and Nature and Extent of Impairment Attributable to Simple and Complicated 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 impairment and disability that are attributable to the existence of both simple and complicated pneumoconiosis, with study, together with appropriate recommendations, 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 Workers’ 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 benefits 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.

Notes of Decisions

Cited in 894 cases (60 in the last 5 years), 1974–2026 · leading case: B & G Constr. Co. v. Dir., Off. of Workers' Comp. Programs, 662 F.3d 233 (3rd Cir. 2011).

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B & G Constr. Co. v. Dir., Off. of Workers' Comp. Programs, 662 F.3d 233 (3rd Cir. 2011). · cites it 18× “Campbell's ("Campbell") claim for survivor's benefits pursuant to provisions of the Black Lung Benefits Act, as amended, 30 U.S.C. § 901 et seq. (the "Act"). The Board determined that Campbell was entitled derivatively to survivor's benefits under 30 U.”

Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976). · cites it 9× “150 , 30 U. S. C. § 901 et seq. (1970 ed. and Supp.”

Lewis Gibas v. Saginaw Mining Co. Dir., Off. of Workers' Comp. Programs & Benefits Review Bd., 748 F.2d 1112 (6th Cir. 1984). · cites it 8× “*1114 Lewis Gibas, a fifty-nine-year-old coal miner, petitions for review of a final decision by the Benefits Review Board, United States Department of Labor, denying him benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The Board’s decision reversed a…”

Schaffer Ex Rel. Schaffer v. Weast, 546 U.S. 49 (2005). · cites it 2× “School districts are charged with responsibility to offer to each disabled child an individualized education program (IEP) suitable to the child's special needs.”

Doe v. Chao, 540 U.S. 614 (2004). · cites it 2× “792 , 30 U. S. C. § 901 et seq., with the Office of Workers' Compensation Programs, the division *617 of the Department of Labor responsible for adjudicating it.”

West Virginia Cwp Fund v. Elsie Stacy, 671 F.3d 378 (4th Cir. 2011). · cites it 5× “See 30 U.S.C. § 901 (1976). In 1977, Congress introduced BLBA Section 422(l), 30 U.”

E. Enter. v. Apfel, 524 U.S. 498 (1998). · cites it 2× “1 (1976), we had occasion to review provisions of the Black Lung Benefits Act of 1972, 30 U. S. C. § 901 et seq., which required coal operators to compensate certain miners and their survivors for death or disability due to black lung disease caused by employment in coal mines.”

Westmoreland Coal Co. v. Cox, 602 F.3d 276 (4th Cir. 2010). · cites it 4× “OPINION DUNCAN, Circuit Judge: This is a petition for review from a decision of the Benefits Review Board (the “BRB”) affirming the Administrative Law Judge’s (the “ALJ”) award of benefits and attorney’s fees under the Black Lung Benefits Act (the “Act”), 30 U.S.C. §§ 901 et…”

Dir., Off. of Workers' Comp. Programs v. Greenwich Collieries, 512 U.S. 267 (1994). · cites it 2× “792 , as amended, 30 U. S. C. § 901 et seq. (1988 ed. and Supp.”

Black & Decker Disability Plan v. Nord, 538 U.S. 822 (2003). “3d 1035, 1042 (CA2 1997), and the Secretary of Labor has adopted a version of the rule for benefit determinations under the Black Lung Benefits Act, 30 U. S. C. § 901 et seq., see 20 CFR § 718.”

Dixie Fuel Co. v. Dir., Off. of Workers' Comp. Programs, 820 F.3d 833 (6th Cir. 2016). · cites it 2× “Krantz’s decision awarding Respondent Arlis Hensley (“Hensley”) benefits under the Black Lung Benefits Act (“Act”), 30 U.S.C. § 901 , ét seq. The Director, Office of Workers’ Compensation Programs, United States Department of Labor (“Director”), also appears in this matter as a…”

Pauley v. BethEnergy Mines, Inc., 501 U.S. 680 (1991). · cites it 2× “This litigation calls upon us to determine whether the Secretary of Labor has complied with that constraint. I A The black lung benefits program was enacted originally as Title IV of the Federal Coal Mine Health and Safety Act of 1969 (FCMHSA), 83 Stat.”

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