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S. 3491IntroducedSenate · nowHousePresidentLawIn committee
Sec. 301 · S. 3491

Technical and conforming amendments

Title III — Additional Provisions

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The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended— (1) in section 401(a) (30 U.S.C. 901(a)), by inserting or who were found to be totally disabled by such disease after such disease; (2) in section 402 (30 U.S.C. 902)— (A) in subsection (a), by striking paragraph (2) and inserting the following: (2) a spouse who is a member of the same household as the miner, or is receiving regular contributions from the miner for support, or whose spouse is a miner who has been ordered by a court to contribute to support, or who meets the requirements of paragraph (1) or (2) of section 216(b) of the Social Security Act or paragraph (1) or (2) of section 216(f) of such Act. An individual is the spouse of a miner when such individual is legally married to the miner under the laws of the State where the marriage was celebrated. The term spouse also includes a divorced wife or divorced husband, as such terms are defined in paragraph (1) or (4) of section 216(d) of such Act, who is receiving at least one-half of his or 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 the spouse’s support from such miner.; (B) by striking subsection (e) and inserting the following: (e) The term surviving spouse includes the spouse living with or dependent for support on the miner at the time of the miner’s death, or living apart for reasonable cause or because of the miner’s desertion, or who meets the requirements of subparagraph (A), (B), (C), (D), or (E) of section 216(c)(1) of the Social Security Act, subparagraph (A), (B), (C), (D), or (E) of section 216(g)(1) of such Act, or section 216(k) of such Act, who is not married. An individual is the surviving spouse of a miner when legally married at the time of the miner’s death under the laws of the State where the marriage was celebrated. Such term also includes a surviving divorced wife or surviving divorced husband, as such terms are defined in paragraph (2) or (5) of section 216(d) of such Act who for the month preceding the month in which the miner died, was receiving at least one-half of his or 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 the spouse’s support from the miner at the time of the miner’s death.; (C) in subsection (f)(2)— (i) in subparagraph (A), by inserting, as in effect on the day before the date of enactment of the Black Lung Consolidation of Administrative Responsibility Act (Public Law 107–275) after section 435(a); and (ii) in subparagraph (B), by inserting, as in effect on the day before the date of enactment of the Black Lung Consolidation of Administrative Responsibility Act (Public Law 107–275) after section 435(b); (D) in subsection (g)— (i) in paragraph (2)(B)(ii), by striking he ceased and inserting the individual ceased; and (ii) in the matter following paragraph (2)(C), by striking widow each place it appears and inserting surviving spouse; (E) in subsection (h), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986; and (F) in subsection (i), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986; (3) in section 411 (30 U.S.C. 921)— (A) by striking subsection (a) and inserting the following: (a) The Secretary shall, in accordance with the provisions of this title, and the regulations promulgated by the Secretary under this title, make payments of benefits in respect of— (1) total disability of any miner due to pneumoconiosis; (2) the death of any miner whose death was due to pneumoconiosis; (3) total disability of any miner at the time of the miner’s death with respect to a claim filed under part C prior to January 1, 1982; (4) survivors’ benefits for any survivor’s claim filed after January 1, 2005, that is pending on or after March 23, 2010, where the miner is found entitled to receive benefits on a claim filed under part C; and (5) survivors’ benefits where the miner is found entitled to receive benefits on a claim filed under part C before January 1, 1982.; and (B) in subsection (c)— (i) in paragraph (1), by striking his pneumoconiosis and inserting the miner’s pneumoconiosis; and (ii) in paragraph (2), by striking his death and inserting the miner’s death; (4) in section 412 (30 U.S.C. 922)— (A) in subsection (a)— (i) by striking paragraph (2) and inserting the following: (2) In the case of a surviving spouse— (A) of a miner whose death is due to pneumoconiosis; (B) in a claim filed after January 1, 2005, and that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits on a claim filed under part C; (C) of a miner who is found entitled to receive benefits on a claim filed under part C before January 1, 1982; or (D) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of the miner’s death, benefits shall be paid to the miner’s surviving spouse at the rate the deceased miner would receive such benefits if the miner were totally disabled.; (ii) in paragraph (3)— (I) by striking (3) In the case and all that follows through section 411(c) and inserting the following: (3)(A) In the case of the child or children of a miner described in subparagraph (B); (II) by striking he each place it appears and inserting the child; (III) by striking widow each place it appears and inserting surviving spouse; and (IV) by adding at the end the following: (B) Subparagraph (A) shall apply in the case of any child or children— (i) of a miner whose death is due to pneumoconiosis; (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits on a claim filed under part C; (iii) of a miner who is found entitled to receive benefits on a claim filed under part C before January 1, 1982; (iv) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of the miner’s death; (v) of a surviving spouse who is found entitled to receive benefits under this part at the time of the surviving spouse’s death; or (vi) entitled to the payment of benefits under paragraph (5) of section 411(c).; (iii) in paragraph (5)— (I) by striking the first sentence and inserting the following: In the case of the dependent parent or parents of a miner who is not survived at the time of death by a surviving spouse or a child and (i) whose death is due to pneumoconiosis, (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, who is found entitled to receive benefits on a claim filed under part C, (iii) who is found entitled to receive benefits on a claim filed under part C before January 1, 1982, or (iv) in a claim filed under part C before January 1, 1982, who was totally disabled by pneumoconiosis at the time of the miner’s death; in the case of the dependent surviving brother(s) or sister(s) of such a miner who is not survived at the time of the miner’s death by a surviving spouse, child, or parent; in the case of the dependent parent or parents of such a miner (who is not survived at the time of the miner’s death by a surviving spouse or 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 such a miner (who is not survived at the time of the miner’s death by a surviving spouse, child, or parent) who are entitled to the payment of benefits under paragraph (5) of section 411(c), benefits shall be paid under 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).; and (II) in the fourth sentence— (aa) by striking brother only if he and inserting brother or sister only if the brother or sister; and (bb) by striking before he ceased and inserting before the brother or sister ceased; and (iv) in paragraph (6), by striking prescribed by him and inserting prescribed by the Secretary; (B) in subsection (b)— (i) by striking his each place it appears and inserting such miner’s; and (ii) by striking widow each place it appears and inserting surviving spouse; and (C) in subsection (c), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986; (5) in section 413 (30 U.S.C. 923)— (A) in subsection (b)— (i) in the second sentence, by striking his wife’s affidavits and inserting affidavits of the miner’s spouse; (ii) in the ninth sentence, by striking widow and inserting surviving spouse; and (iii) by striking the last sentence; and (B) in subsection (c), by striking his claim and inserting the claim; (6) in section 414 (30 U.S.C. 924)— (A) in subsection (a)— (i) in paragraph (1), by striking widow, within six months after the death of her husband and inserting surviving spouse, within six months after the death of the miner; and (ii) in paragraph (2)(C), by striking his and inserting the child’s; and (B) in subsection (e)— (i) by striking widow and inserting surviving spouse; and (ii) by striking his death and inserting the miner’s death; (7) in section 415(a) (30 U.S.C. 925(a))— (A) in paragraph (1), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986; and (B) in paragraph (2)— (i) by striking he and inserting the Secretary; and (ii) by striking him and inserting the Secretary; (8) in section 421 (30 U.S.C. 931)— (A) in subsection (a), by striking widows and inserting spouses; and (B) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), by striking he and inserting the Secretary; and (ii) in subparagraph (F), by striking promulgated by him and inserting promulgated by the Secretary; (9) in section 422 (30 U.S.C. 932)— (A) in subsection (a)— (i) by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986; and (ii) by striking he and inserting the Secretary; (B) in subsection (c), by inserting, as in effect on the day before the date of enactment of the Black Lung Consolidation of Administrative Responsibility Act (Public Law 107–275) after section 435; (C) in subsection (i)(4), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986; and (D) in subsection (j)— (i) by striking Internal Revenue Code of 1954 each place it appears and inserting Internal Revenue Code of 1986; and (ii) in paragraph (3), by inserting, as in effect on the day before the date of enactment of the Black Lung Consolidation of Administrative Responsibility Act (Public Law 107–275) after section 435; (10) in section 423(a) (30 U.S.C. 933(a)), by striking he and inserting such operator; (11) in section 424(b) (30 U.S.C. 934(b))— (A) in the matter following subparagraph (B) of paragraph (1), by striking him and inserting such operator; (B) in paragraph (3), by striking Internal Revenue Code of 1954 each place it appears and inserting Internal Revenue Code of 1986; and (C) in paragraph (5), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986; (12) in section 428 (30 U.S.C. 938)— (A) in subsection (a), by striking him and inserting such operator; and (B) in subsection (b)— (i) in the first sentence, by striking he and inserting the miner; (ii) in the third sentence, by striking he and inserting the Secretary; (iii) in the ninth sentence— (I) by striking he each place it appears and inserting the Secretary; and (II) by striking his and inserting the miner’s; and (iv) in the tenth sentence, by striking he each place it appears and inserting the Secretary; and (13) in section 430 (30 U.S.C. 940)— (A) by striking 1977 and and inserting 1977,; and (B) by striking 1981 and inserting 1981, and the Black Lung Benefits Improvement Act of 2025, and any amendments made after the date of enactment of such Act,.

Sec. 301: Technical and conforming amendments · Public Law Tracker