Joint resolution to amend the provisions of the Federal Coal Mine Health and Safety Act of 1969 to extend black lung benefits to orphans whose fathers die of pneumoconiosis, and for other purposes
PL 92-303 (H.R.9212), enacted 05/19/1972

150 
PUBLIC LAW 92-303-MAY 19, 1972 
[86 STAT. 
May 19, 1972 
[H. R. 9212] 
Public Law 92-303 
'• ^ 
' 
AN ACT 
To ameiid the provisions of tlie Fedenil Coal Mine Health and Safety Act 
of 1969 to extend bliit'k lung benetits to orphans whose fathers die of pneu-
moconiosis, and for other puiifoses. 
Black Lung 
Benefits Act of 
1972. 
83 Stat. 794. 
30 u s e 922. 
Orphans, bene-
fits. 
•;S-j;s ; . i 3 * - i 
t . 
Post, 
p. 152. 
Dependent 
parents, brothers 
or sisters. 
42 u s e 401. 
81 Stat, 868. 
42 u s e 423. 
79 Stat. 370. 
42 u s e 402. 
Be it enacted hy tlie Henute and House of Represeiitatloes 
of the 
United States of Amenca 
in Congress assembled^ That (a) this Act 
may be cited as the "Black Lung Benefits Act of 1972''. 
(b) (1) Section 412(a) of the Federal Coal Mine Health and Safetv 
Act of 1969 is amendecl by redesignating paragraph (3) as paragraph 
(4), and by inserting after paragraph (2) the follo\Ying iieAv para-
graph : 
"(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 m 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 
lie riieets the criteria for the term 'child' contained in section 402(g) : 
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 para-
graph (2)." 
(2) Section 412(a) of such Act is further amended by adding at 
tlie end thereof the following new paragraphs: 
•'(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 par-
ent, benefits shall be paid tinder 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 title I I of the Social 
Security Act. Xo 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 disabilitj^ as defined in section 223(d) of the 
Social Security Act which began before the age specified in section 
202(d) (1) (B) (ii) of such Act, or in the case of a student, before 
he ceased to be a student, or 
86 STAT.] 
PUBLIC LAW 92-303-MAY 19, 1972 
151 
"(C) a student as defined in section 402 (g) ; or 
" (2) who is, at the time of the miner's death, disabled as deter-
mined in accordance with section 223(d) of the Social Security 
Act, during such disability. Any benefit under this paragraph 
for a month prior to the month in which a claim for such bene-
fit 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 the month in 
which this amendment is enacted, 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 Secre-
tary. Benefit payments under this paragraph to a parent, brother, 
or sister, shall be reduced by the amount by which such pay-
ments would be reduced on account of excess earnings of such 
parent, brother, or sister, respectively, under section 203(b)-(l) 
of the Social Security Act, as if the benefit under this paragraph 
were a benefit under section 202 of such Act. 
"(6) If an individual's benefits would be increased under para-
graph (4) of this subsection because he or she has one or more depend-
ents, 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 bene-
fits (to the extent attributable to such dependent) certified to a 
person other than such individual, then the Secretary may, under regu-
lations prescribed by him, certify the amount of such increase in bene-
fits (to the extent so iattributable) 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 title, shall be a complete settlement and satisfaction 
of all claims, rights, and interests in and to such payment." 
(c) (1) Sections 412(b), 414(e), and 424 of such Act are amended 
by inserting after "widow" each time it appears the following:", child, 
parent, brother, or sister", and section 421(a) is amended by insert-
ing after "widows" the following: ", children, parents, brothers, or 
sisters, as the case may be,". 
(2) Section 402 (a) of such Act is amended to read: 
" (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 require-
ments 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' 
Post, 
p. 152. 
81 Stat. 868. 
42 u s e 423. 
"Dependent." 
Proof of sup-
port, filing date. 
42 u s e 403. 
42 u s e 402. 
Augmented 
benefits, certifi-
cation. 
Ante, p. 150. 
83 Stat. 
795, 798. 
30 use 
924, 934. 
30 use 
794, 
922, 
931. 
30 u s e 902. 
"Dependent." 
Post, 
p. 152. 
.:'>t '>S0, ?f 
64 Stat. 510; 
74 Stat. 950. 
42 u s e 416. 
71 Stat. 519. 
82-081 O - 73 - 13 
152 
PUBLIC LAW 92-303-MAY 19, 1972 
[86 STAT. 
referred to therein. The term 'wife' also includes a 'divorced 
79 Stat. 377. 
wife' as defined in section 216(d) (1) of the Social Security Act 
42 use 416. 
.^jjQ jg 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.". 
"Widow." 
(3) Section 402 (e) of such Act is amended to read: 
30 use 9
0
^
2
^
.
' 
"(6) 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 require-
ments of section 216(c) (1), (2), (3), (4), or (5), and section 216(k) 
72 Stat. 1027. 
of thc Social Security Act, who is not married. The determination of 
81 Stat, 866. 
^^ iudividual's status as the 'widow' of a miner shall be made in accord-
71 Stat. 519; 
auce 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 at least one-half of her support, 
as determined in accordance with regulations prescribed by the Secre-
tary, 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." 
(4) Section 402 of such Act is amended by adding at the end thereof 
the following new subsection: 
"*^'''^'^-" 
"(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 
42 use 423. 
Social Security Act, 
"(ii) which began before the age specified in section 202(d) (1) 
42 use 402. 
(B) (ii) of the Social Security Act, or, in the case of a student, 
before he ceased to be a student; or 
"(C) a student. 
"Student." 
The term 'student' means a 'full-time student' as defined in section 
79 Stat. 371; 
202(d) (7) of the Social Securitv Act, or a 'student' as defined in sec-
^ 8rstat^^2°69. 
tion 8101 (17) of title 5, United States Code. 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 216(h) (2) or (3) of the 
79 Stat. 409. 
Social Sccurity Act as if such miner or widow were the 'insured indi-
vidual' referred to therein." 
Post, p. 154. 
(5^ ^^^ Section 413(b) of such Act is amended by adding at the 
end thereof the following new sentence: "The provisions of sections 
204,205 (a), (b), (d), (e), (f), (g), (h), (j), (k), and (1), 206, 207, 
408^ ^^^ ^°^" 
^^^ ^^^ ^^ *'^^ Social Security Act shall be applicable under this part 
with respect to a miner, widow, child, parent, brother, sister, or de-
pendent, as if benefits under this part were benefits under title I I of 
42 use 401. 
s u c h A c t . " 
Effective date. 
(g) Quly section 205, (b), (g), and (h) of those sections of the 
Social Security Act recited in subparagraph (A) of this paragraph 
shall be effective as of the date provided in subsection (d) of this 
section. 
83%tL\' 795"^' 
(^) Section 414(a) of such Act is amended by inserting " (1) " after 
30 use* 924.* 
" (a)" and by adding the following new paragraphs at the end thereof: 
"(2) In the case of a claim b^ a child this paragraph shall apply, 
notwithstanding any other provision of this part. 
Retroactive 
"(A) If such claim is filed within six months following the month 
in which this paragraph is enacted, and if entitlement to benefits is 
entitlement. 
86 STAT. ] 
PUBLIC LAW 92-303-MAY 19, 1972 
153 
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 
^"'^' P- ^^°-
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 ^^^\''^[fl^^^^' 
Safety Act of 1969 is amended by adding at the end thereof the fol- umuadon^ ' 
lowing: "This part shall not be considered a workmen's compensation 
^3 stat. 794. 
law or plan for purposes of section 224 of such Act." 
42 use 424a. 
(b) The amendment made by this section shall be effective as of 
Effective date. 
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 
3o use 901, 
by striking out "underground". 
921,932. 
(b) Sections 402(b), 402(d), 422(a), and 423(a) of such Act are ^^3° use 902, 
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 
Effective date. 
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: 
3o use 902. 
"(f) The term 'total disability' has the meaning given it by regu- 
"Total dis-
lations of the Secretary of Health, Education, and Welfare, except ability." 
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." 
JJ J'^^-1^| • 
154 
PUBLIC LAW 92-303-MAY 19, 1972 
[86 STAT. 
83 Stat. 793. 
30 u s e 921. 
30 u s e 901. 
Rebuttable 
presumption. 
Publication in 
Federal Register. 
30 u s e 931. 
30 u s e 902. 
eiaims, validity 
determination. 
83 Stat. 794. 
30 u s e 923. 
Effective date. 
(b) (1) Section 411(a) of such Act is further amended by adding 
at the end thereof the following: "or who at the time of his death was 
totally disabled by pneumoconiosis." 
(2) Section 401 is amended by inserting after the word "disease" 
each place it appears the following: "or who were totally disabled bj/ 
this disease at the time of their deaths". 
(3) Section 411(c)(3) is amended by inserting after "pneumo-
coniosis," the following: "or that at the time of his death he w^as totally 
disabled by pneumoconiosis." 
(c) Section 411(c) of such Act is amended by striking the word 
"and" at the end of paragraph (2), by striking the period at the end 
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 nega-
tive 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 pneumo-
coniosis, 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 Secre-
tary 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 
penultimate sentence thereof the following new sentence: "Final regu-
lations required for implementation of any amendments to this title 
shall be promulgated and published in the Federal Register at the 
earliest practicable date after the date of enactment of such amend-
ments, and in no event later than the end of the fourth month follow-
ing the month in which such amendments are enacted." 
(e) Section 421(b) (2) (C) of such Act is amended by striking the 
word "those" and inserting in lieu thereof "section 402(f) 6f this 
title and to those standards", and by substituting for the words "by 
section 411" the words "under part B of this title". 
(f) The first sentence of section 413(b) of such Act is amended 
by inserting before the period at the end thereof the following: ", 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, includ-
ing, where relevant, medical tests such as blood gas studies, X-ray 
examination, electrocardiogram, pulmonary function studies, or physi-
cal 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 
December 30,1969. 
86 
STAT.] 
PUBLIC LAW 92-303-MAY 19, 1972 
151 
SEC. 5. Title IV of the Federal Coal Mine Health ami 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 appeal's 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 amend-
ments 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 fol-
lowing 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 construc-
tion, purchase, and operation of fixed-site and mobile clinical facilities 
for the analysis, examination, and treatment of respiratory and pul-
monary 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 pri-
vate agencies and organizations and individuals for the purpose of 
devising simple and effective tests to measure, detect, and treat respira-
tory 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 anv 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 other-
wise 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 
Time extensions. 
83 Stat. 792. 
30 use 901. 
30 use 924. 
30 use 931. 
30 u s e 932. 
Publication in 
Federal Register. 
30 use 936. 
Contract author-
ity. 
Research grants. 
Appropriation. 
Di scrimination 
prohibition. 
"Miner." 
note. 
156 
PUBLIC LAW 92-303-MAY 19, 1972 
[86 STAT. 
the parties to present information relating to such violation. The 
parties shall be given written notice of the time and place of the hear-
ing 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 
80 Stat. 384. 
States Codc. Each hearing examiner presiding under this section and 
30 use 811, 
under the provisions of titles I, I I and I I I of this Act shall receive 
^'*^' ^^^' 
compensation at a rate not less than that prescribed for GS-16 under 
s^usc 5332 
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, incor-
porating an order therein, requiring the person committing such 
violation to take such affirmative action as the Secretarj^ deems appro-
priate, 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. 
P®"«ity- 
"(c) Whenever an order is issued under this subsection granting 
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 prosecu-
tion of such proceedings, shall be assessed against the person commit-
ting the violation.", 
(8) by adding at the end thereof the following new section: 
Appropriation. 
"SEC. 429. There IS authorized to be appropriated to the Secretary 
of Labor such sums as may be necessary to carry out his responsibilities 
under this title. Such sums shall remain available until expended.", 
83 Stat. 796. 
(9) by Striking "7" in section 422(a), and 
(10) by adding at the end thereof the following new section: 
Applicability. 
"SEC. 430. The amendments made by the Black Lung Benefits Act 
30 use 921. 
of 1972 to part B of this title shall, to the extent appropriate, also 
30 use 931. 
apply to part C of this title: Provided, 
That for the purpose of 
determining the applicability of the presumption established by sec-
Ante, p. 154. 
^^^^ 411(c) (4) to claims filed under part C of this title, no period of 
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." 
noufilatio'n' 
^^^: ^' "^^^^^ ^ ^ ^^ ^^® Federal Coal Mine Health and Safety Act of 
'^°AntT p°'^i 55 
'i-^^^ is amended by adding at the end thereof the following new 
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." 
erio^ridm"nistra 
^^^^ T
* ^^^^^ ^^ ^^ ^^^ Federal Coal Mine Health and Safety Act 
tion? ' ^ "'^"^^"•^' of 1969 is amended by adding at the end of part B thereof the follow-
ing new section: 
"SEC. 416. (a) Notwithstanding any other provision in this title, for 
the purpose of assuring the uninterrupted receipt of benefits by claim-
ants 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 
86 STAT. ] 
PUBLIC LAW 92-304-MAY 19, 1972 
.157 
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 
83 stat. 798. 
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 Admin-
istration and thereafter transferred to the jurisdiction of the 
Department of Labor for further consideration. 
"(3) The Secretary of Labor shall promptly notify any opera-
tor who he believes, on the basis of information contained in the 
claim, or any other information available to him, may be liable 
to pay benents to the claimant under part C of this title for any 
3° use 931. 
month after December 31,1973. 
"(4) In determining such claims, the Secretary of Labor shall, 
to the extent appropriate, follow the procedures described in sec-
tions 19 (b), (c), and (d) of Public Law 803, 69th Congress (44 
Stat. 1424, approved March 4,1927), as amended. 
33 use 919. 
"(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 
^o use 932. 
paragraph shall require any operator to i^ay any benefits for any 
montli prior to January 1,1974. 
"(b) The Secretary of Labor, after consultation with the Secretary 
Regulations. 
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 
claims, fiung. 
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 
^"'e- P- is^. 
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. 
Public Law 92-304 
AN ACT 
M
a
y 19, 1972 
To authorize appropriations to the National Aeronautics and Space Admin- 
[H. R. 14070] 
istration for research and development, construction of facilities, and research 
and program management, and for other purposes. 
Be it enacted hy the Senate arid House of Representatives 
of the 
United States of America in Congress assembled, That there is hereby 
authorized to be appropriated to the National Aeronautics and Space Adminrsrrauon 
A d m i n i s t r a t i o n : 
Authorization Act 
National Aero-
nautics and Space 
1973.