Page:United States Statutes at Large Volume 92 Part 1.djvu/150

 92 STAT. 96

PUBLIC LAW 95-239—MAR. 1, 1978

Medical tests criteria, establishment. Consultation.

" (D) the Secretary of Labor, in consultation with the Director of the National Institute for Occupational Safety and Health, shall establish criteria for all appropriate medical tests under this subsection which accurately reflect total disability in coal miners as defined in subparagraph (A). "(2) Criteria applied by the Secretary of Labor in the case of— "(A) any claim which is subject to review by the Secretary of Health, Education, and Welfare, or subject to a determination by the Secretary of Labor, under section 435(a); " (B) any claim which is subject to review by the Secretary of Labor under section 435(b); and "(C) any claim filed on or before the effective date of regulations promulgated under this subsection by the Secretary of Labor; shall not be more restrictive than the criteria applicable to a claim filed on June 30, 1973, whether or not the final dispositon of any such claim occurs after the date of such promulgation of regulations by the Secretary of Labor.". (d) Section 402 of the Act is amended by adding at the end thereof the following new subsection: (h) The term "fund" means the Black Lung Disability Trust Fund established in section 3(a)(1) of the Black Lung Benefits Revenue Act of 1977.".

Post, p. 103.

30 USC 902.

30 USC 934a. Anu, p. 12.

SURVIVOR ENXrrLKMEXTS '••••

30 USC 921.

30 USC 922.

30 USC 922.

Supra.

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SKC. 3. (a) Section 411(c) of the Act is amended— (1) in paragraphs (1) and (2) thereof, by striking out "if" and • I inserting in lieu thereof "If" and by striking out the semicolon and inserting in lieu thereof a period; (2) in paragraph (3) thereof, by striking out "if" the first place '/ it appears therein and inserting in lieu thereof "If" and by striking out"; and" and inserting in lieu thereof a period; and (3) by adding at the end thereof the following new paragraph: " (5) In the case of a miner who dies on or before the date of the enactment of the Black Lung Benefits Reform Act of 1977 who • - was employed for 25 years or more in one or more coal mines before June 30, 1971, the eligible survivors of such miner shall be entitled to the payment of benefits, at the rate applicable under section 412 (a)(2), unless it is established that at the time of his or her death such miner was not partially or totally disabled due to pneu' I? moconiosis. Eligible survivors shall, upon request by the Secretary, furnish such evidence as is available with respect to the health of the miner at the time of his or her death.". (b)(1)(A) Section 412(a)(3) of the Act is amended by striking out "and'* the first place it appears therein, and by inserting after "the time of her death," the following: "and in the case of any child or children entitled to the payment of benefits under paragraph (5) of section 411(c),". (B) The first sentence of section 412(a)(5) of the Act is amended— (i) by striking out "or" the fifth place it appears therein; and ..-•'.••• (ii) by inserting after "child, or parent," the following: "in the case of the dependent parent or parents of a miner (who is not survived at the time of his or her death by a widow or a child) who are entitled to the payment of benefits under paragraph (5) of section 411(c), or in the case of the dependent surviving brother(s) or sister(s) of a miner (who is not survived at the time of his or her death by a widow, child, or parent) who are entitled to the payment of benefits under paragraph (5) of section 411(c),".

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