--- kind: "range" citation: "30 U.S.C. §§ 921–925" title: "30" from: "921" to: "925" count: 6 release: "119-102" url: "https://uscodex.org/usc/30/921..925" --- # §921. Regulations and presumptions - (a) **Promulgation; payment of benefits—** The [Secretary](/usc/30/902.md?p=c) shall, in accordance with the provisions of this part, and the regulations promulgated by him under this part, make payments of benefits in respect of [total disability](/usc/30/902.md?p=f-1) of any [miner](/usc/30/902.md?p=d) due to [pneumoconiosis](/usc/30/902.md?p=b), and in respect of the death of any [miner](/usc/30/902.md?p=d) whose death was due to [pneumoconiosis](/usc/30/902.md?p=b) or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, who at the time of his death was totally disabled by [pneumoconiosis](/usc/30/902.md?p=b). - (b) **Promulgation of standards determining total disability—** The [Secretary](/usc/30/902.md?p=c) shall by regulation prescribe standards for determining for purposes of [subsection (a)](#a) whether a [miner](/usc/30/902.md?p=d) is totally disabled due to [pneumoconiosis](/usc/30/902.md?p=b) and for determining whether the death of a [miner](/usc/30/902.md?p=d) was due to [pneumoconiosis](/usc/30/902.md?p=b). Regulations required by this subsection shall be promulgated and published in the Federal Register at the earliest practicable date after December 30, 1969, and in no event later than the end of the third month following December 1969. Final regulations required for implementation of any amendments to this subchapter 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 fourth month following the month in which such amendments are enacted. Such regulations may be modified or additional regulations promulgated from time to time thereafter. - (c) **Presumptions—** For purposes of this section— - (1) If a [miner](/usc/30/902.md?p=d) who is suffering or suffered from [pneumoconiosis](/usc/30/902.md?p=b) was employed for ten years or more in one or more coal mines there shall be a rebuttable presumption that his [pneumoconiosis](/usc/30/902.md?p=b) arose out of such employment. - (2) If a deceased [miner](/usc/30/902.md?p=d) 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](/usc/30/902.md?p=b). The provisions of this paragraph shall not apply with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981. - (3) If a [miner](/usc/30/902.md?p=d) 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](/usc/30/28–1.md) 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](/usc/30/902.md?p=b) or that his death was due to [pneumoconiosis](/usc/30/902.md?p=b), or that at the time of his death he was totally disabled by [pneumoconiosis](/usc/30/902.md?p=b).[^1] as the case may be. - (4) if[^2] a [miner](/usc/30/902.md?p=d) 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](/usc/30/902.md?p=d)’s, his [widow](/usc/30/902.md?p=e)’s, his [child](/usc/30/902.md?p=g)’s, his parent’s, his brother’s, his sister’s, or his [dependent](/usc/30/902.md?p=a)’s claim under this subchapter and it is interpreted as negative 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](/usc/30/902.md?p=d) is totally disabled due to [pneumoconiosis](/usc/30/902.md?p=b), that his death was due to [pneumoconiosis](/usc/30/902.md?p=b), or that at the time of his death he was totally disabled by [pneumoconiosis](/usc/30/902.md?p=b). In the case of a living [miner](/usc/30/902.md?p=d), a [wife](/usc/30/902.md?p=a-2)’s affidavit may not be used by itself to establish the presumption. The [Secretary](/usc/30/902.md?p=c) shall not apply all or a portion of the requirement of this paragraph that the [miner](/usc/30/902.md?p=d) work in an underground mine where he determines that conditions of a [miner](/usc/30/902.md?p=d)’s employment in a coal mine other than an underground mine were substantially similar to conditions in an underground mine. The [Secretary](/usc/30/902.md?p=c) may rebut such presumption only by establishing that (A) such [miner](/usc/30/902.md?p=d) does not, or did not, have [pneumoconiosis](/usc/30/902.md?p=b), or that (B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine. - (5) In the case of a [miner](/usc/30/902.md?p=d) who dies on or before March 1, 1978, who was employed for 25 years or more in one or more coal mines before June 30, 1971, the eligible survivors of such [miner](/usc/30/902.md?p=d) shall be entitled to the payment of benefits, at the rate applicable under [section 922(a)(2) of this title](/usc/30/922.md?p=a-2), unless it is established that at the time of his or her death such [miner](/usc/30/902.md?p=d) was not partially or totally disabled due to [pneumoconiosis](/usc/30/902.md?p=b). Eligible survivors shall, upon request by the [Secretary](/usc/30/902.md?p=c), furnish such evidence as is available with respect to the health of the [miner](/usc/30/902.md?p=d) at the time of his or her death. The provisions of this paragraph shall not apply with respect to claims filed on or after the day that is 180 days after the effective date of the Black Lung Benefits Amendments of 1981. - (d) **Applicability of presumptions—** Nothing in [subsection (c)](#c) shall be deemed to affect the applicability of [subsection (a)](#a) in the case of a claim where the presumptions provided for therein are inapplicable. # §922. Payment of benefits - (a) **Schedules—** Subject to the provisions of [subsection (b)](#b) of this section, benefit payments shall be made by the [Secretary](/usc/30/902.md?p=c) under this part as follows: - (1) In the case of [total disability](/usc/30/902.md?p=f-1) of a [miner](/usc/30/902.md?p=d) due to [pneumoconiosis](/usc/30/902.md?p=b), the disabled [miner](/usc/30/902.md?p=d) shall be paid benefits during the disability at a rate equal to 37½ per centum of the monthly pay rate for Federal employees in grade GS–2, step 1. - (2) In the case of death of a [miner](/usc/30/902.md?p=d) due to [pneumoconiosis](/usc/30/902.md?p=b) or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a [miner](/usc/30/902.md?p=d) receiving benefits under this part, benefits shall be paid to his [widow](/usc/30/902.md?p=e) (if any) at the rate the deceased [miner](/usc/30/902.md?p=d) would receive such benefits if he were totally disabled. - (3) In the case of the child or children of a [miner](/usc/30/902.md?p=d) whose death is due to [pneumoconiosis](/usc/30/902.md?p=b) or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a [miner](/usc/30/902.md?p=d) who is receiving benefits under this part at the time of his death or who was totally disabled by [pneumoconiosis](/usc/30/902.md?p=b) at the time of his death, in the case of the child or children of a [widow](/usc/30/902.md?p=e) who is receiving benefits under this part at the time of her death, and in the case of any child or children entitled to the payment of benefits under paragraph (5) of [section 921(c) of this title](/usc/30/921.md?p=c), 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)](#a-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 in [paragraph (1)](#a-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 he meets the criteria for the term “child” contained in [section 902(g) of this title](/usc/30/902.md?p=g): And provided further, That no entitlement to benefits as a child shall be established under this [paragraph (3)](#a-3) for any month for which entitlement to benefits as a [widow](/usc/30/902.md?p=e) is established under [paragraph (2)](#a-2). - (4) In the case of an individual entitled to benefit payments under clause (1) or (2) of this subsection who has one or more [dependents](/usc/30/902.md?p=a), the benefit payments shall be increased at the rate of 50 per centum of such benefit payments, if such individual has one [dependent](/usc/30/902.md?p=a), 75 per centum if such individual has two [dependents](/usc/30/902.md?p=a), and 100 per centum if such individual has three or more [dependents](/usc/30/902.md?p=a). - (5) In the case of the [dependent](/usc/30/902.md?p=a) parent or parents of a [miner](/usc/30/902.md?p=d) whose death is due to [pneumoconiosis](/usc/30/902.md?p=b), or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a [miner](/usc/30/902.md?p=d) who is receiving benefits under this part at the time of his death or who was totally disabled by [pneumoconiosis](/usc/30/902.md?p=b) at the time of death, and who is not survived at the time of his death by a [widow](/usc/30/902.md?p=e) or a [child](/usc/30/902.md?p=g), in the case of the [dependent](/usc/30/902.md?p=a) surviving brother(s) or sister(s) of such a [miner](/usc/30/902.md?p=d) who is not survived at the time of his death by a [widow](/usc/30/902.md?p=e), [child](/usc/30/902.md?p=g), or parent, in the case of the [dependent](/usc/30/902.md?p=a) parent or parents of a [miner](/usc/30/902.md?p=d) (who is not survived at the time of his or her death by a [widow](/usc/30/902.md?p=e) or a [child](/usc/30/902.md?p=g)) who are entitled to the payment of benefits under paragraph (5) of [section 921(c) of this title](/usc/30/921.md?p=c), or in the case of the [dependent](/usc/30/902.md?p=a) surviving brother(s) or sister(s) of a [miner](/usc/30/902.md?p=d) (who is not survived at the time of his or her death by a [widow](/usc/30/902.md?p=e), [child](/usc/30/902.md?p=g), or parent) who are entitled to the payment of benefits under paragraph (5) of [section 921(c) of this title](/usc/30/921.md?p=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)](#a-3) (as if such parent(s) or such brother(s) or sister(s), were the children of such [miner](/usc/30/902.md?p=d)). In determining for purposes of this paragraph whether a claimant bears the relationship as the [miner](/usc/30/902.md?p=d)’s parent, brother, or sister, the [Secretary](/usc/30/902.md?p=c) shall apply legal standards consistent with those applicable to relationship determination under title II of the Social Security Act [[42 U.S.C. 401](/usc/42/401.md) et seq.]. No 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— - (6) If an individual’s benefits would be increased under paragraph (4) of this subsection because he or she has one or more [dependents](/usc/30/902.md?p=a), and it appears to the [Secretary](/usc/30/902.md?p=c) that it would be in the interest of any such [dependent](/usc/30/902.md?p=a) to have the amount of such increase in benefits (to the extent attributable to such [dependent](/usc/30/902.md?p=a)) certified to a [person](/usc/30/802.md?p=f) other than such individual, then the [Secretary](/usc/30/902.md?p=c) may, under regulations prescribed by him, certify the amount of such increase in benefits (to the extent so attributable) not to such individual but directly to such [dependent](/usc/30/902.md?p=a) or to another [person](/usc/30/802.md?p=f) for the use and benefit of such [dependent](/usc/30/902.md?p=a); and any payment made under this clause, if otherwise valid under this subchapter, shall be a complete settlement and satisfaction of all claims, rights, and interests in and to such payment. - (b) **Reduction of benefits—** Notwithstanding [subsection (a)](#a), benefit payments under this section to a [miner](/usc/30/902.md?p=d) or his [widow](/usc/30/902.md?p=e), [child](/usc/30/902.md?p=g), parent, brother, or sister shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such [miner](/usc/30/902.md?p=d) or his [widow](/usc/30/902.md?p=e), [child](/usc/30/902.md?p=g), parent, brother, or sister under the workmen’s compensation, unemployment compensation, or disability insurance laws of his [State](/usc/30/802.md?p=c) on account of the disability of such [miner](/usc/30/902.md?p=d) due to [pneumoconiosis](/usc/30/902.md?p=b), and the amount by which such payment would be reduced on account of excess earnings of such [miner](/usc/30/902.md?p=d) under section 203(b) through (l) of the Social Security Act [[42 U.S.C. 403(b)](/usc/42/403.md?p=b) to (l)] if the amount paid were a benefit payable under [section 202](/usc/30/202.md) of such Act [[42 U.S.C. 402](/usc/42/402.md)]. This part shall not be considered a workmen’s compensation law or plan for purposes of [section 224](/usc/30/224.md) of such Act [[42 U.S.C. 424a](/usc/42/424a.md)]. - (c) **Reporting of income—** Benefits payable under this part shall be deemed not to be income for purposes of the Internal Revenue Code of 1986. # §923. Filing of notice of claim - (a) **Promulgation of regulations; time requirement—** Except as otherwise provided in [section 924 of this title](/usc/30/924.md), no payment of benefits shall be made under this part except pursuant to a claim filed therefor on or before December 31, 1973, in such manner, in such form, and containing such information, as the [Secretary](/usc/30/902.md?p=c) shall by regulation prescribe. - (b) **Utilization of personnel and procedures; evidence required to establish claim; medical evidence; affidavits; autopsy reports; reimbursement of expenses—** 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, including, where relevant, medical tests such as blood gas studies, X-ray examination, electrocardiogram, pulmonary function studies, or physical performance tests, and any medical history, evidence submitted by the claimant’s physician, or his [wife](/usc/30/902.md?p=a-2)’s affidavits, and in the case of a deceased [miner](/usc/30/902.md?p=d), other appropriate affidavits of [persons](/usc/30/802.md?p=f) with knowledge of the [miner](/usc/30/902.md?p=d)’s physical condition, and other supportive materials. Where there is no medical or other relevant evidence in the case of a deceased [miner](/usc/30/902.md?p=d), such affidavits, from [persons](/usc/30/802.md?p=f) not eligible for benefits in such case with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, shall be considered to be sufficient to establish that the [miner](/usc/30/902.md?p=d) was totally disabled due to [pneumoconiosis](/usc/30/902.md?p=b) or that his or her death was due to [pneumoconiosis](/usc/30/902.md?p=b). In any case, other than that involving a claim filed on or after the effective date of the Black Lung Benefits Amendments of 1981, in which there is other evidence that a [miner](/usc/30/902.md?p=d) has a pulmonary or respiratory impairment, the [Secretary](/usc/30/902.md?p=c) shall accept a board certified or board eligible radiologist’s interpretation of a chest roentgenogram which is of a quality sufficient to demonstrate the presence of [pneumoconiosis](/usc/30/902.md?p=b) submitted in support of a claim for benefits under this subchapter if such roentgenogram has been taken by a radiologist or qualified technician, except where the [Secretary](/usc/30/902.md?p=c) has reason to believe that the claim has been fraudulently represented. In order to insure that any such roentgenogram is of adequate quality to demonstrate the presence of [pneumoconiosis](/usc/30/902.md?p=b), and in order to provide for uniform quality in the roentgenograms, the [Secretary](/usc/30/902.md?p=c) of [Labor](/usc/30/28–1.md) may, by regulation, establish specific requirements for the techniques used to take roentgenograms of the chest. Unless the [Secretary](/usc/30/902.md?p=c) has good cause to believe that an autopsy report is not accurate, or that the condition of the [miner](/usc/30/902.md?p=d) is being fraudulently misrepresented, the [Secretary](/usc/30/902.md?p=c) shall accept such autopsy report concerning the presence of [pneumoconiosis](/usc/30/902.md?p=b) and the stage of advancement of [pneumoconiosis](/usc/30/902.md?p=b). Claimants under this part shall be reimbursed for reasonable medical expenses incurred by them in establishing their claims. For purposes of determining [total disability](/usc/30/902.md?p=f-1) under this part, the provisions of subsections (a), (b), (c), (d), and (g) of section 221 of such Act [[42 U.S.C. 421(a)](/usc/42/421.md?p=a) to (d), (g)] shall be applicable. The provisions of sections 204, 205(a), (b), (d), (e), (g), (h), (j), (k), (l), and (n), 206, 207, and 208 of the Social Security Act [[42 U.S.C. 404](/usc/42/404.md), 405(a), (b), (d), (e), (g), (h), (j), (k), (l), and (n), 406, 407, 408] shall be applicable under this part with respect to a [miner](/usc/30/902.md?p=d), [widow](/usc/30/902.md?p=e), [child](/usc/30/902.md?p=g), parent, brother, sister, or [dependent](/usc/30/902.md?p=a), as if benefits under this part were benefits under title II of such Act [[42 U.S.C. 401](/usc/42/401.md) et seq.]. Each [miner](/usc/30/902.md?p=d) who files a claim for benefits under this subchapter shall upon request be provided an opportunity to substantiate his or her claim by means of a complete pulmonary evaluation. - (c) **Filing of claim for workmen’s compensation; necessity; exceptions—** No claim for benefits under this section shall be considered unless the claimant has also filed a claim under the applicable [State](/usc/30/802.md?p=c) workmen’s compensation law prior to or at the same time his claim was filed for benefits under this section; except that the foregoing provisions of this paragraph shall not apply in any case in which the filing of a claim under such law would clearly be futile because the period within which such a claim may be filed thereunder has expired or because [pneumoconiosis](/usc/30/902.md?p=b) is not compensable under such law, or in any other situation in which, in the opinion of the [Secretary](/usc/30/902.md?p=c), the filing of a claim would clearly be futile. - (d) **Employment termination and benefits entitlement—** No [miner](/usc/30/902.md?p=d) who is engaged in coal mine employment shall (except as provided in [section 921(c)(3) of this title](/usc/30/921.md?p=c-3)) be entitled to any benefits under this part while so employed. Any [miner](/usc/30/902.md?p=d) who has been determined to be eligible for benefits pursuant to a claim filed while such [miner](/usc/30/902.md?p=d) was engaged in coal mine employment shall be entitled to such benefits if his or her employment terminates within one year after the date such determination becomes final. # §924. Time for filing claims - (a) **Claims filed before December 31, 1973—** - (1) No claim for benefits under this part on account of [total disability](/usc/30/902.md?p=f-1) of a [miner](/usc/30/902.md?p=d) shall be considered unless it is filed on or before December 31, 1973, or, in the case of a claimant who is a [widow](/usc/30/902.md?p=e), within six months after the death of her husband or by December 31, 1973, whichever is the later. - (2) In the case of a claim by a [child](/usc/30/902.md?p=g) this paragraph shall apply, notwithstanding any other provision of this part. - (A) If such claim is filed within six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such [child](/usc/30/902.md?p=g) would have been first eligible for such benefit payments had [section 922(a)(3) of this title](/usc/30/922.md?p=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 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 May 1972, 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](/usc/30/902.md?p=g) would have been first eligible for such benefit payments had [section 922(a)(3) of this title](/usc/30/922.md?p=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](/usc/30/902.md?p=g), 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)](#a-2-A) or [(B)](#a-2-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](/usc/30/902.md?p=c) 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](/usc/30/902.md?p=d) or by December 31, 1973, whichever is the later. - (b) **Filing of claims after June 30, 1973—** No benefits shall be paid under this part after December 31, 1973, if the claim therefor was filed after June 30, 1973. - (c) **Effective date of claims—** No benefits under this part shall be payable for any period prior to the date a claim therefor is filed. - (d) **Reduction of State benefits—** No benefits shall be paid under this part to the residents of any [State](/usc/30/802.md?p=c) which, after December 30, 1969, reduces the benefits payable to [persons](/usc/30/802.md?p=f) eligible to receive benefits under this part, under its [State](/usc/30/802.md?p=c) laws which are applicable to its general work force with regard to workmen’s compensation, unemployment compensation, or disability insurance. - (e) **Conditions upon payment—** No benefits shall be payable to a [widow](/usc/30/902.md?p=e), [child](/usc/30/902.md?p=g), parent, brother, or sister under this part on account of the death of a [miner](/usc/30/902.md?p=d) unless (1) benefits under this part were being paid to such [miner](/usc/30/902.md?p=d) with respect to disability due to [pneumoconiosis](/usc/30/902.md?p=b) prior to his death, (2) the death of such [miner](/usc/30/902.md?p=d) occurred prior to January 1, 1974, or (3) any such individual is entitled to benefits under paragraph (5) of [section 921(c) of this title](/usc/30/921.md?p=c). # [§924a. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2, 2002, 116 Stat. 1926 — repealed] # §925. Procedure for the determination of claims during transition period - (a) Notwithstanding any other provision in this subchapter, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for [administration](/usc/30/802.md?p=n) of the benefits program is assumed by either a [State](/usc/30/802.md?p=c) workmen’s compensation agency or the [Secretary](/usc/30/902.md?p=c) of [Labor](/usc/30/28–1.md), any claim for benefits under this part filed 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 9501(d) of title 26](/usc/26/9501.md?p=d), benefits shall be paid with respect to such claim by the [Secretary](/usc/30/902.md?p=c) of [Labor](/usc/30/28–1.md). - (2) The [Secretary](/usc/30/902.md?p=c) of [Labor](/usc/30/28–1.md) shall promptly notify any [operator](/usc/30/802.md?p=d) who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benefits to the claimant under part C of this subchapter for any month after December 31, 1973. - (3) In determining such claims, the [Secretary](/usc/30/902.md?p=c) of [Labor](/usc/30/28–1.md) shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of [section 919 of title 33](/usc/33/919.md). - (4) Any [operator](/usc/30/802.md?p=d) who has been notified of the pendency of a claim under paragraph (2) of this subsection shall be bound by the determination of the [Secretary](/usc/30/902.md?p=c) of [Labor](/usc/30/28–1.md) on such claim as if the claim had been filed pursuant to part C of this subchapter and [section 932 of this title](/usc/30/932.md) had been applicable to such [operator](/usc/30/802.md?p=d). Nothing in this paragraph shall require any [operator](/usc/30/802.md?p=d) to pay any benefits for any month prior to January 1, 1974. - (b) The [Secretary](/usc/30/902.md?p=c) of [Labor](/usc/30/28–1.md) may issue such regulations as are necessary or appropriate to carry out the purpose of this section.