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United States · Bill · S

S. 1538 (95th)

Black Lung Benefits Reform Act

openUnited States· United States Congress· EN

Introduced

16 May 1977

Last action

20 September 1977 · Floor

Status

Measure indefinitely postponed in Senate, inserted provisions, as amended, in H. R. 4544.

Sponsors

Sen. Randolph, Jennings [D-WV]

Subjects

Discovery layer

Source updated

2 September 2025

Summary

Black Lung Benefits Reform Act - Amends the Federal Coal Mine Health and Safety Act of 1969 to redefine 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 employed miners shall not be eligible for benefits under the Act except under exceptional circumstances. Details evidentiary requirements to establish claims for disability due to pneumoconiosis under the Act. Requires that claimants be provided an opportunity to substantiate such disability claims with complete pulmonary evaluations. 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 where such benefits are not paid by the appropriate mine operator. Stipulates that mine operators shall be liable to the Fund for benefits actually paid by the Fund for which such operator was liable. Amends the Internal Revenue Code of 1954 to impose an excise tax on coal, which amounts shall be appropriated to the fund established by this Act. Prescribes rates of taxation dependent upon type of coal mines. Establishes a rebuttable presumption favoring eligibility for black lung benefits in the case of miners employed for 25 years or more in coal mines prior to June 30, 1971, who die on or before the date of enactment of this Act. Extends indefinitely the authorization of appropriations for financial assistance for the construction and operation of mobile clinical facilities administered by the Secretary of Health, Education, and Welfare. Directs the Secretary of Health, Education, and Welfare and the Secretary of Labor to disseminate information to potential beneficiaries of changes made by this Act. Directs the Secretary of Labor to establish procedures for prompt action on claims. Directs the Department of Labor, in cooperation with the National Institute for Occupational Safety and Health, to conduct a study of occupationally related pulmonary and respiratory diseases, and report on the results of such study to the President and the appropriate committees of Congress within 18 months after the date of enactment of this Act. Imposes civil penalties upon employers for failure to secure the payment of compensation under the Act. Imposes criminal penalties for purposefully evading the payment of compensation under this Act, and for making false or misleading statements to obtain benefits thereunder.

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Timeline

  1. 16 May 1977

    Calendars

    Placed on calendar in Senate.

    Source: Calendars

  2. 16 May 1977

    Reported

    Reported to Senate from the Committee on Commerce, Science, and Transportation, S. Rept. 95-209.

    Source: Committee

  3. 16 May 1977

    Reported

    Reported to Senate from the Committee on Commerce, Science, and Transportation, S. Rept. 95-209.

    Source: Committee

  4. 16 May 1977

    Introduced

    Introduced in Senate

    Source: IntroReferral

  5. 26 May 1977

    Introduced

    Referred to Senate Committee on Finance.

    Source: IntroReferral

  6. 12 July 1977

    Reported

    Reported to Senate from the Committee on Finance with amendment, S. Rept. 95-336.

    Source: Committee

  7. 12 July 1977

    Reported

    Reported to Senate from the Committee on Finance with amendment, S. Rept. 95-336.

    Source: Committee

  8. 21 July 1977

    Floor

    Measure called up by unanimous consent in Senate.

    Source: Floor

  9. 20 September 1977

    Floor

    Measure indefinitely postponed in Senate, inserted provisions, as amended, in H. R. 4544.

    Source: Floor

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

Sponsors

Related records

Sources

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