Black Lung Benefits Restoration Act of 1992

Summary

Black Lung Benefits Restoration Act of 1991 - Amends the Black Lung Benefits Act to provide that, when black lung benefits are paid for at least two years after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility. Prohibits a party adverse to the black lung benefits claimant from submitting more than one: (1) opinion from an examining or consulting physician; and (2) X-ray reading to supplement such an opinion. Requires that reasonable weight be given to the evidence submitted by the physician who treated the person with respect to whom the claim is made. Requires award of black lung benefits to survivors or dependents of a deceased miner if any of the following conditions are met: (1) the miner worked 25 years or more in one or more coal mines; (2) the death as due in whole or part to pneumoconiosis; (3) the miner was receiving benefits for pneumoconiosis at the time of death; or (4) the miner had a pending claim at the time of death in which existing or additional medical evidence submitted by survivors or dependents, or lay evidence, qualifies under specified new eligibility standards. Requires, in administration of the Act, that a widow of a miner shall: (1) not be disqualified to receive benefits upon remarriage; and (2) be entitled to receive benefits without regard to the length of time of marriage to the miner. Provides for a rebuttable presumption of disability or death due to pneumoconiosis with respect to certain coal miners whose claims were filed during a specified period under the Black Lung Benefits Program. Establishes such presumption if a single piece of qualifying evidence is presented. Provides that other relevant medical evidence shall be considered only in connection with rebuttal of the presumption. Requires such presumption to be rebutted if the evidence establishes that: (1) the individual is doing, or is able to do, his or her usual coal mine work or comparable and gainful work; (2) the individual's total disability or death did not arise in whole or in part out of coal mine activity; or (3) the individual does not have, or did not have, pneumoconiosis. Directs the Secretary of Labor (the Secretary) to review any pending or denied black lung benefits claim filed under the Act either with the Department of Labor before April 1, 1980, or with the Social Security Administration at any time. Requires such review to follow certain guidelines established before and by the enactment of the Black Lung Benefits Reform Act of 1977, and to disregard amendments made after such enactment. Requires immediate payment of claims approved under such review. Requires, in the case of claims rejected under such review, the claimant to be given an opportunity to present additional medical or other evidence. Requires benefits granted under such review to be assessed against the Black Lung Disability Trust Fund. Permits claimants who have had more than one black lung claim denied to have their last claim considered de novo on the merits. Establishes under the Act a contingency fee arrangement system under which an attorney may be paid up to 25 percent of the black lung benefits paid to the claimant during specified periods of representation by such attorney. Provides that all benefits payable under any claim under the Black Lung Benefits Program shall be paid from the Black Lung Disability Trust Fund, which is financed by the coal industry (thus eliminating coal operators as defendants with legal counsel in black lung disability cases).

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 22 March 1991

   Introduced

   Referred to the House Committee on Education and Labor.

   Source: IntroReferral

2. 22 March 1991

   Introduced

   Introduced in House

   Source: IntroReferral

3. 22 March 1991

   Introduced

   Introduced in House

   Source: IntroReferral

4. 15 April 1991

   Referred

   Referred to the Subcommittee on Labor Standards.

   Source: Committee

5. 19 April 1991

   Committee

   Executive Comment Requested from Labor.

   Source: Committee

6. 24 April 1991

   Committee

   Subcommittee Hearings Held.

   Source: Committee

7. 14 May 1991

   Committee

   Subcommittee Hearings Held.

   Source: Committee

8. 24 July 1991

   Committee

   Forwarded by Subcommittee to Full Committee (Amended).

   Source: Committee

9. 24 July 1991

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

10. 24 July 1991

    Committee

    Unfavorable Executive Comment Received from Labor.

    Source: Committee

11. 29 July 1992

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

12. 29 July 1992

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

13. 21 September 1992

    Calendars

    Placed on the Union Calendar, Calendar No. 501.

    Source: Calendars

14. 21 September 1992

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 102-882.

    Source: Committee

15. 21 September 1992

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 102-882.

    Source: Committee

16. 22 September 1992

    Floor

    Mr. Moakley notified the House that Members should submit 55 copies of proposed amendments to the bill to the Committee on Rules by 5 p.m. on September 25, 1992.

    Source: Floor

17. 30 September 1992

    Reported

    Rules Committee Resolution H. Res. 584 Reported to House. Rule provides for consideration of H.R. 1637 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Points of order against consideration of the bill for failure to comply with clause 8 of rule XXI are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill. Measure will be considered read. Specified amendments are in order.

    Source: Floor

18. 1 October 1992

    Floor

    The previous question was ordered without objection.

    Source: Floor

19. 1 October 1992

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1637.

    Source: Floor

20. 1 October 1992

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

21. 1 October 1992

    Passed

    On passage Passed by voice vote.

    Source: Floor

22. 1 October 1992

    Passed

    Passed/agreed to in House: On passage Passed by voice vote.

    Source: Floor

23. 1 October 1992

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

24. 1 October 1992

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

25. 1 October 1992

    Floor

    Considered under the provisions of rule H. Res. 584.

    Source: Floor

26. 1 October 1992

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 1637 as unfinished business.

    Source: Floor

27. 1 October 1992

    Floor

    The Speaker designated the Honorable William J. Hughes to act as Chairman of the Committee.

    Source: Floor

28. 1 October 1992

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 584 and Rule XXIII.

    Source: Floor

29. 1 October 1992

    Passed

    Rule H. Res. 584 passed House.

    Source: Floor

30. 1 October 1992

    Floor

    Rule provides for consideration of H.R. 1637 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Points of order against consideration of the bill for failure to comply with clause 8 of rule XXI are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill. Measure will be considered read. Specified amendments are in order.

    Source: Floor

31. 2 October 1992

    Introduced

    Received in the Senate.

    Source: IntroReferral

32. 8 October 1992

    Introduced

    Read twice and referred to the Committee on Labor and Human Resources.

    Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Engrossed in House · undated · Official file
• Introduced in House · undated · Official file
• Received in Senate · undated · Official file
• Referred in Senate · undated · Official file
• Reported in House · undated · Official file

Documents

8 official files

• Reported in House (text)

  Reported in House · EN

  ViewDownloadOpen at official source

• Referred in Senate (text)

  Referred in Senate · EN

  ViewDownloadOpen at official source

• Received in Senate (text)

  Received in Senate · EN

  ViewDownloadOpen at official source

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Engrossed in House (text)

  Engrossed in House · EN

  ViewDownloadOpen at official source

• Passed House amended

  summary · EN · 1 October 1992

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 21 September 1992

  Open at official source

• Introduced in House

  summary · EN · 22 March 1991

  Open at official source

Sponsors

• Rep. Murphy, Austin J. [D-PA-22] · D · Sponsor
• Rep. Perkins, Carl C. [D-KY-7] · D · Sponsor
• Rep. Kolter, Joseph P. [D-PA-4] · D · Sponsor
• Rep. Applegate, Douglas [D-OH-18] · D · Sponsor
• Rep. Gaydos, Joseph M. [D-PA-20] · D · Sponsor
• Rep. Yatron, Gus [D-PA-6] · D · Sponsor
• Rep. Poshard, Glenn [D-IL-22] · D · Sponsor
• Rep. Wise, Robert E., Jr. [D-WV-3] · D · Sponsor
• Rep. McCloskey, Frank [D-IN-8] · D · Sponsor
• Rep. Bevill, Tom [D-AL-4] · D · Sponsor
• Rep. Staggers, Harley O., Jr. [D-WV-2] · D · Sponsor
• Rep. Boucher, Rick [D-VA-9] · D · Sponsor
• Rep. Williams, Pat [D-MT-1] · D · Sponsor
• Rep. Miller, George [D-CA-7] · D · Sponsor
• Rep. Kanjorski, Paul E. [D-PA-11] · D · Cosponsor
• Rep. Murtha, John P. [D-PA-12] · D · Cosponsor
• Rep. Feighan, Edward F. [D-OH-19] · D · Cosponsor
• Rep. Jontz, Jim [D-IN-5] · D · Cosponsor
• Rep. Rangel, Charles B. [D-NY-19] · D · Cosponsor
• Rep. Ford, Harold E. [D-TN-8] · D · Cosponsor
• JOSE SERRANO · D · Cosponsor
• Rep. Jefferson, William J. [D-LA-2] · D · Cosponsor
• Rep. Owens, Wayne [D-UT-2] · D · Cosponsor
• Rep. Espy, Mike [D-MS-2] · D · Cosponsor
• Rep. Lipinski, William O. [D-IL-5] · D · Cosponsor
• Rep. Traficant, James A., Jr. [D-OH-17] · D · Cosponsor
• Rep. Evans, Lane [D-IL-17] · D · Cosponsor
• Rep. Yates, Sidney R. [D-IL-9] · D · Cosponsor
• Harold Rogers · R · Cosponsor
• Rep. Abercrombie, Neil [D-HI-1] · D · Cosponsor
• Sen. Sanders, Bernard [I-VT] · I · Cosponsor
• Rep. Collins, Cardiss [D-IL-7] · D · Cosponsor
• Rep. Kopetski, Mike [D-OR-5] · D · Cosponsor
• Rep. Hayes, Charles A. [D-IL-1] · D · Cosponsor
• Rep. Rahall, Nick J., II [D-WV-4] · D · Cosponsor
• Rep. Costello, Jerry F. [D-IL-21] · D · Cosponsor
• Sen. Durbin, Richard J. [D-IL] · D · Cosponsor
• · sshr00 · Standing
• · hsed00 · Standing

Related records

• related to → Providing for the consideration of the bill (H.R. 1637) to make improvements in the Black Lung Benefits Act.