[Congressional Record Volume 148, Number 129 (Friday, October 4, 2002)]
[Extensions of Remarks]
[Page E1763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    BIACK LUNG CONSOLIDATION OF ADMINISTRATIVE RESPONSIBILITIES ACT

                                 ______
                                 

                          HON. MELISSA A. HART

                            of pennsylvania

                    in the house of representatives

                       Thursday, October 3, 2002

  Ms. HART. Mr. Speaker, I am pleased to sponsor legislation, on behalf 
of the Administration, which would consolidate all of the 
responsibility for the administration of the Black Lung Benefits 
Program under a single agency. This proposal was initially outlined in 
the President's FY 2003 Budget for the Department of Labor.
  The Black Lung Benefits Program was enacted as part of the Coal Mine 
Health and Safety Act of 1969, the first comprehensive Federal 
legislation to regulate health and safety conditions in the coal 
industry. The law created a temporary system to compensate victims of 
dust exposure in the mines with public funds administered by the Social 
Security Administration (SSA).
  In 1972, the Act was amended to require the use of simplified interim 
eligibility for all claims filed with SSA and to transfer new claims to 
the Department of Labor (DOL) in 1973. The Office of Workers' 
Compensation Programs in DOL assumed responsibility for the processing 
and paying of new claims on July 1, 1973. Most of the claims filed 
prior to that date remained within the jurisdiction of SSA until 1997.
  On September 26, 1997, officials from SSA and DOL signed a Memorandum 
of Understanding transferring responsibility for managing all active 
SSA Black Lung claims to DOL. This change was aimed at eliminating any 
confusion about which Federal agency handles the claims and enhancing 
customer service to all Black Lung beneficiaries. At present, DOL 
manages all Federal black lung claims, while formal appeals on Part B 
claims are referred to SSA. The Black Lung Consolidation of 
Administrative Responsibilities Act would simply transfer all of the 
responsibilities for the administration of claims under Part B of the 
Act to DOL, while retaining all regulations currently applicable to the 
beneficiaries' entitlements.
  Besides improving administrative efficiency, this transfer of 
responsibilities will ensure the continuation of a high level of 
customer service to beneficiaries. Joint audits by the Office of the 
Inspector General of SSA and DOL have confirmed the high quality of 
claims-related services being provided by DOL. Last year, the 
University of Michigan released the results of a customer satisfaction 
survey of beneficiaries receiving services from DOL and found the 
highest level of customer satisfaction of any of the Federal benefits 
programs surveyed.
  Finally, the legislation implements a longstanding recommendation by 
the Inspector Generals at DOL and SSA that the administrative 
responsibility for the Black Lung Benefits Act should be consolidated 
within DOL. This change would ensure the continuation of a high level 
of service to program beneficiaries, while eliminating confusion and 
duplication of administrative functions between the two agencies.
  The Black Lung Consolidation of Administrative Responsibilities Act 
is simply common sense and good government. I urge my colleagues to 
support this legislation.

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