[Congressional Record Volume 148, Number 42 (Tuesday, April 16, 2002)]
[Extensions of Remarks]
[Page E536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                BLACK LUNG BENEFITS SURVIVORS EQUITY ACT

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                        Tuesday, April 16, 2002

  Mr. RAHALL. Mr. Speaker, today I am introducing legislation aimed at 
providing equity in the treatment of benefits for eligible survivors of 
recipients of black lung benefits. Joining me in introducing this 
measure is the ranking Democrat on the Committee on Education and 
Workforce, George Miller of California, and the gentleman from 
Pennsylvania, John Murtha.
  By way of background, in 1981 the Black Lung Benefits Act was amended 
in several respects at the urging of the Reagan Administration. The 
driving motivation for this legislation at the time was to shore up the 
finances of the Black Lung Disability Trust Fund through which benefit 
payments are made to beneficiaries where mine employment terminated 
prior to 1970, or where no mine operator can be assigned liability.
  After the enactment of this legislation, administrative actions and a 
number of extremely harmful court decisions made it extremely 
difficult, if not almost impossible, for those suffering from the 
crippling disease of black lung to qualify for benefits. However, 
today, a large number of the problems claimants faced have been 
remedied by a Clinton Administration rulemaking that was finalized on 
December 20, 2000.
  Yet, two provisions of the 1981 Act in particular continue to be most 
troublesome, and largely impact, in a very adverse way, surviving 
widows of coal miners who die as a result of black lung disease.
  As it now stands, due to the 1981 amendments, there is a dual and 
inequitable standard governing how benefits are handled for surviving 
spouses of deceased beneficiaries. In the event a beneficiary died 
prior to January 1, 1982--the effective date of the 1981 Act--benefits 
continued uninterrupted to the surviving spouse. However, if the 
beneficiary dies after January 1, 1982, the surviving spouse must file 
a new claim in order to try to continue receiving the benefits and must 
prove that the miner died as a result of black lung disease despite the 
fact that the miner was already deemed eligible to receive benefits 
prior to death. This is illogical, unfair and outlandish.
  In addition, as a result of the 1981 law, there is also a dual and 
inequitable standard governing the basis by which a miner or his widow 
is entitled to benefits under the Act. For pre-1981 Act claimants, a 
rebuttable presumption of the existence of black lung disease is 
established if the miner worked for 15 years or more in underground 
coal mines and if over evidence, such as an X-ray, demonstrates the 
existence of a total disability respiratory or pulmonary impairment. 
This rebuttable presumption, however, does not apply to post-1981 Act 
claimants.
  The legislation I am introducing today removes the requirement that a 
surviving spouse must refile a claim in order to continue receiving 
benefits. It also applies the rebuttable presumption of black lung 
disease for pre-1981 Act claimants to those filed after the effective 
date of that statute.
  This is a fair and just proposal, and one which should have been 
enacted years ago. In fact, I have introduced various black lung bills 
since 1988. During the early 1990s the House of Representatives on two 
occasions passed reform legislation. Much of what was contained in 
these comprehensive reform bills was finally addressed by the Clinton-
era rulemaking. However, the subject matter of the bill I am 
introducing today demands action by the Congress. I urge the leadership 
of this body to consider this matter, and to allow this bill to be 
acted upon this year.

                          ____________________