LETTER OF TRANSMITTAL U.S. SENATE, COMMITTEE ON LABOR AND PUBLIC WELFARE, Hon. HARRISON A. WILLIAMS, Jr., Chairman, Committee on Labor and Public Welfare. DEAR MR. CHAIRMAN: It is my privilege to transmit to you a ompilation of title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, .L. 92-303. As you well know, the 1972 amendments represent a firm commitent on the part of the Congress to bring a measure of justice and quity to the disabled coal miner, his family and his survivors. I am eeply gratified by the broad support for this legislation, both in the enate and in the House of Representatives. The Black Lung Benefits Act of 1972 is a measure which has given the Congress the opportunity o provide benefits directly to those who urgently need them. It is - program to help people. For the purpose of informing the Committee on Labor and Public Welfare, the Congress, and the public at large of the changes to title V of the Federal Coal Mine Health and Safety Act of 1969 made by he 1972 Act, I request that the attached document be published as a Committee print. Sincerely, JENNINGS RANDOLPH, 'ederal Coal Mine Health and Safety Act of 1969, as Amended N ACT To provide for the protection of the health and safety of persons working in the coal mining industry of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United tates of America in Congress assembled. That this Act may be cited s the "Federal Coal Mine Health and Safety Act of 1969". TITLE IV-BLACK LUNG BENEFITS* PART A-GENERAL SEC. 401. Congress finds and declares that there are a significant umber of coal miners living today who are totally disabled due to neumoconiosis arising out of employment in one or more of the Nation's coal mines; that there are a number of survivors of coal iners whose deaths were due to this disease or who were totally disabled y this disease at the time of their deaths; and that few States provide enefits for death or disability due to this disease to coal miners or heir surviving dependents. It is, therefore, the purpose of this title to provide benefits, in cooperation with the States, to coal miners who re totally disabled due to pneumoconiosis and to the surviving dependents of miners whose death was due to such disease or who were otally disabled by this disease at the time of their deaths; and to ensure hat in the future adequate benefits are provided to coal miners and heir dependents in the event of their death or total disability due to oneumoconiosis. SEC. 402. For purposes of this title(a) The term "dependent" means (1) a child as defined in subsection (g) 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 216(b) (1) or (2) of the Social Security Act. The determination of an individual's status as the "wife" of a miner shall be made in accordance with section 216(h)(1) of the Social Security Act as if such miner were the "insured individual" referred to therein. The term "wife" also includes a "divorced wife" as defined in section 216(d)(1) of the Social Security Act who is receiving at least onehalf of her support, as determined in accordance with regulations *Amendments made by Black Lung Benefits Act of 1972 shown in italic type. 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 he support from such miner. (b) The term "pneumoconiosis" means a chronic dust disease of the lung arising out of employment in a coal mine. (c) The term "Secretary" where used in part B means the Secretary of Health, Education, and Welfare, and where used in part C means the Secretary of Labor. (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 216(c), (1), (2), (3), (4), or (5), and section 216(k) of the Social Secu rity Act, who is not married. The determination of an individual's status as the "widow" of a miner shall be made in accordance with section 216 (h)(1) of the Social Security Act as if such miner were the "insured individual" referred to therein. Such term also includes a "surviving divorced wife" as defined in section 216(d) (2) of the Social Security Act who for the month preceding the month in which the miner died, was receiving a 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 regulation 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. (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 223(d) of the Social Security Act, (ii) which began before the age specified in section 202(d) (1) (B) (a) of the Social Security Act, or, in the case of a student, before he ceased to be a student; or (C) a student. be, The term "student" means a "full-time student" as defined in section 202(d) (7) of the Social Security Act, or a "student" as defined in section 8101 (17) of title 5, United States Code. The determination of an indi vidual's status as the "child" of the miner or widow, as the case may shall be made in accordance with section 216(h) (2) or (3) of the Social Security Act as if such miner or widow were the "insured individual” referred to therein. PART B-CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 SEC. 411. (a) The Secretary shall, in accordance with the provisions this part, and the regulations promulgated by him under this part, ake payments of benefits in respect of total disability of any miner e to pneumoconiosis, and in respect of the death of any miner whose ath was due to pneumoconiosis or who at the time of his death was ally disabled by pneumoconiosis. (b) The Secretary shall by regulation prescribe standards for termining for purposes of section 411 (a) whether a miner is totally sabled due to pneumoconiosis and for determining whether the ath of a miner was due to pneumoconiosis. Regulations required by is subsection shall be promulgated and published in the Federal egister at the earliest practicable date after the date of enactment this title, and in no event later than the end of the third month lowing the month in which this title is enacted. Final regulations quired for implementation of any amendments to this title shall be proilgated and published in the Federal Register at the earliest practicable te after the date of enactment of such amendments, and in no event ter than the end of the fourth month following the month in which such mendments are enacted. Such regulations may be modified or addional regulations promulgated from time to time thereafter. 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 title and it is interpreted as negative with respect to the requirements of |