[Congressional Record Volume 141, Number 12 (Friday, January 20, 1995)]
[Extensions of Remarks]
[Page E146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                REFORM OF THE FEDERAL BLACK LUNG PROGRAM

                                 ______


                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                        Friday, January 20, 1995
  Mr. RAHALL. Mr. Speaker, today, I am reintroducing legislation that I 
have sponsored for several Congresses now to form the Federal Black 
Lung Program.
  This legislation reflects the frustration of thousands of miners and 
their families with the extremely adversarial nature of the current 
program as administered by the Labor Department.
  As it now stands, disabled miners who suffer from the crippling 
effects of black lung disease are faced with a Federal bureaucracy so 
totally lacking in compassion to their plight, that it appears intent 
upon harassing their efforts to obtain just compensation at every 
single step of the claim adjudication process.
  In fact, today, we are witnessing less than a 10-percent approval 
rate on claims for black lung benefits.
  This figure does not attest to any reasonable and unbiased 
comportment of the facts.
  Rather, it represents nothing less than a cruel hoax being 
perpetrated against hard working citizens who have dedicated their 
lives to the energy security and economic well-being of this Nation.
  The original intent of Congress in enacting legislation to compensate 
victims of black lung disease was for this to be a fairly 
straightforward program. This intent has been defeated by years of 
administrative maneuverings aggravated by some extremely harmful 
judicial interpretations. Under this bill, we will return to a program 
that reflects the statutory commitment Congress, and indeed, the 
Nation, made to compensate these coal miners and their families.
  Make no mistake about it. Victims of black lung disease are not 
people who are looking for a handout.
  They are people who worked their lives in one of the most dangerous 
occupations in this country.
  They are people who were promised compensation by their Government. 
And they are people who now see their Government break that promise.
  It is time, indeed, long past the time that Congress move legislation 
on behalf of the thousands of miners, their widows and families who are 
being victimized by this program, the very program that was intended to 
bring them relief.
  In general, this measure contains the following proposals:
  First, new eligibility standards. A miner would be presumed to be 
totally disabled by black lung if the miner presents a single piece of 
qualifying medical evidence such as a positive x ray, ventilatory or 
blood gas studies, or a medical opinion. The Secretary of Labor could 
rebut the presumption of eligibility only if he can show that the miner 
is doing coal mine work or could actually do coal mine work.
  Second, application of new eligibility standards. The new standards 
would apply to all claims filed after enactment of the Black Lung 
Benefits Act of 1991. All pending claims, and claims denied prior to 
enactment of the Black Lung Benefits Act of 1991 would be reviewed 
under the new standards.
  Third, elimination of responsible operators. All claims would be paid 
out of the coal industry financed black lung disability trust fund. The 
purpose of this provision is to eliminate coal operators as defendants 
in black lung cases and the advantage they have over claimants by being 
able to afford to pay legal counsel.
  Fourth, widows/dependents. A widow or dependent of a miner would be 
awarded benefits if the miner worked 25 years or more in the mines; the 
miner died in whole or in part from black lung; the miner was receiving 
black lung benefits when he died; or medical evidence offered by the 
miner before he died satisfies new eligibility standards. Widows who 
are receiving benefits and who remarry would not be disqualified from 
continuing to receive the benefits; and, a widow would be entitled to 
receive benefits without regard to the length of time she was married 
to the miner.
  Fifth, offsets. The practice of offsetting a miner's Social Security 
benefits by the amount of black lung benefits would be discontinued.


                          ____________________