Black Lung Benefits Reform Act
Latest action. Referred to Senate Committee on Labor and Public Welfare.
Black Lung Benefits Reform Act - Amends the Federal Coal Mine Health and Safety Act of 1969 to establish a rebuttable presumption that miners with 25 or more years of coal mine employment shall be entitled to receive benefits under provisions of the Act. Stipulates that claims for benefits may be filed with the Secretary of Labor after the enactment of this Act if the date of the last exposed employment of the eligible miner occurred before December 30, 1969. Stipulates that no claim for benefits shall be denied based on location or nature of employment. Stipulates that decisions by administrative law judges in favor of a claimant are not appealable, except upon motion of the claimant. Directs the Secretary of Labor to establish a program designed to locate and assist individuals who are likely to be eligible for benefits under this Act. Stipulates that individuals so informed shall be eligible to file a claim despite previous failure to file within the specified time frame. Redefines the term "total disability" to prohibit use of the fact that a deceased miner was still a mine employee at the time of death as evidence that such miner was not totally disabled. Stipulates that criteria for determination of total disability shall not be more restrictive than disability insurance criteria listed in the Social Security Act. Requires that all claimants be given an opportunity for a complete medical examination by a physician of the claimant's own choice. Establishes a Black Lung Disability Insurance Fund in the Treasury of the United States. Sets forth provisions governing administration of the Fund. States that amounts in the Fund shall be available for making expenditures to meet the obligations acquired by the Fund, including the expenses of providing medical benefits. Requires coal mine operators to pay premiums into the Fund according to rates prescribed by the Secretary of Labor and based on the number of tons of coal mined by each operator. Authorizes the appropriation of such sums as may be necessary for the initial operating expenses of the Fund. Directs the Secretary to establish procedures for prompt action on claims. Increases the amount of the award for delays beyond the 60-day period established by this Act. Stipulates that payments from the Fund to miners shall include the costs of medical care and services. Authorizes the appropriation of $2,500,000 for fiscal year 1976 for the construction and operation of clinical facilities. Transfers the Division of Coal Mine Workers' Compensation to the Department of Labor.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on March 18, 1976. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on March 18, 1976: Referred to Senate Committee on Labor and Public Welfare.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 94th Congress (1975-76), 588 of the 21,097 bills and joint resolutions introduced became law, about 2.8 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
FLOYD HASKELL (D-CO) introduced it on March 18, 1976, and 19 members have since signed on as cosponsors.
They come from both major parties: 18 Democrats, 1 Republican.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on March 18, 1976, 18438 days ago. The most recent recorded action was 18438 days ago, on March 18, 1976.
Measures do not carry over. Anything the 94th Congress has not finished by January 3, 1977 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers