An Act to amend the Federal Coal Mine Health and Safety Act to improve the black lung benefits program established under such Act, and for other purposes.
PL 95-239 (H.R.4544), enacted 03/01/1978

PUBLIC LAW 95-239—MAR. 1, 1978 
92 STAT. 95 
Public Law 95-239 
95th Congress 
An Act 
To amend the Federal Coal Mine Health and Safety Act to improve the black 
Mar. 1, 1978 
lung benefits program established under such Act, and for other purposes. 
[H.R. 4544] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
Black Lung 
Benefits Reform 
Art nf 1077 
SHORT TITUJ 
Acioii:///. 
SECTION 1. This Act may be cited as the "Black Lung Benefits 30 USC 801 note. 
Reform Act of 1977". 
DEFINITIONS 
H i : 
SEC. 2. (a) Section 402(b) of the Federal Mine Safety and Health 
Act of 1977 (hereinafter in this Act referred to as the "Act") is 30 USC 902. 
amended to read as follows: 
"(b) The term 'pneumoconiosis' means a chronic dust disease of 
the lung and its sequelae, including respiratory and pulmonary 
impairments, arising out of coal mine employment.". 
(b) Section 402(d) of the Act is amended to read as follows: 
. . , 
"(d) The term 'miner' means any individual who works or has 
worked in or around a coal mine or coal preparation facility in the 
extraction or preparation of coal. Such term also includes an individual 
who works or has worked in coal mine construction or transportation 
in or around a coal mine, to the extent such individual was exposed to 
coal dust as a result of such employment.". 
! 
(c) Section 402(f) of the Act is amended to read as follows: 
"(f) (1) The term 'total disability' has the meaning given it by reg-
ulations of the Secretary of Health, Education, and Welfare for claims 
under part B of this title, and by regulations of the Secretary of Labor 30 USC 921 et seq. 
for claims under part C of this title, subject to the relevant provisions 30 USC 931 et seq. 
of subsections (b) and (d) of section 413, except that— 
30 USC 923. 
"(A) in the case of a living miner, such regulations shall pro-
vide that a miner sihaP be considered totally disabled when pneu-
moconiosis prevents him or her from 
engaging in 
gainful 
i 
employment requiring the skills and abilities comparable to those 
of any employment in a mine or mines in which he or she previ-
ously engaged with some regularity and over a substantial period 
of time; 
"(B) such regulations shall provide that (i) a deceased miner's 
employment in a mine at the time of death shall not be used as 
''"' 
conclusive evidence that the miner was not totally disabled; and 
(ii) in the case of a living miner, if there are changed circum-
stances of employment indicative of reduced ability to perform his 
or her usual coal mine work, such miner's employment in a mine 
shall not be used as conclusive evidence that the miner is not 
totally disabled; 
"(C) such regulations shall not provide more restrictive criteria 
than those applicable under section 223(d) of the Social Security 
Act; and 
42 USC 423. 
92 STAT. 96 
PUBLIC LAW 95-239—MAR. 1, 1978 
Medical tests 
criteria, 
establishment. 
Consultation. 
Post, p. 103. 
30 use 902. 
30 use 934a. 
Anu, p. 12. 
30 use 921. 
30 use 922. 
30 use 922. 
Supra. 
" (D) the Secretary of Labor, in consultation with the Director 
of the National Institute for Occupational Safety and Health, 
shall establish criteria for all appropriate medical tests under this 
subsection which accurately reflect total disability in coal miners 
as defined in subparagraph (A). 
"(2) Criteria applied by the Secretary of Labor in the case of— 
"(A) any claim which is subject to review by the Secretary of 
Health, Education, and Welfare, or subject to a determination by 
the Secretary of Labor, under section 435 (a); 
"(B) any claim which is subject to review by the Secretary of 
Labor under section 435(b); and 
"(C) any claim filed on or before the effective date of regula-
tions promulgated under this subsection by the Secretary of 
Labor; 
shall not be more restrictive than the criteria applicable to a claim filed 
on June 30,1973, whether or not the final dispositon of any such claim 
occurs after the date of such promulgation of regulations by the Sec-
retary of Labor.". 
(d) Section 402 of the Act is amended by adding at the end thereof 
the following new subsection: 
(h) The term "fund" means the Black Lung Disability Trust Fund 
established in section 3(a)(1) of the Black Lung Benefits Revenue 
Act of 1977.". 
SURVIVOR ENXrrLKMEXTS 
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SKC. 3. (a) Section 411 (c) of the Act is amended— 
(1) in paragraphs (1) and (2) thereof, by striking out "if" and 
• I inserting in lieu thereof "If" and by striking out the semicolon and 
inserting in lieu thereof a period; 
(2) in paragraph (3) thereof, by striking out "if" the first place 
'/ it appears therein and inserting in lieu thereof "If" and by striking 
out"; and" and inserting in lieu thereof a period; and 
(3) by adding at the end thereof the following new paragraph: 
" (5) In the case of a miner who dies on or before the date of the 
enactment of the Black Lung Benefits Reform Act of 1977 who 
• - 
was employed for 25 years or more in one or more coal mines before 
June 30,1971, the eligible survivors of such miner shall be entitled 
to the payment of benefits, at the rate applicable under section 412 
(a) (2), unless it is established that at the time of his or her death 
such miner was not partially or totally disabled due to pneu-
' I
? 
moconiosis. Eligible survivors shall, upon request by the Secre^tary, 
furnish such evidence as is available with respect to the health of 
the miner at the time of his or her death.". 
(b) (1) (A) Section 412(a) (3) of the Act is amended by striking 
out "and'* the first place it appears therein, and by inserting after "the 
time of her death," the following: "and in the case of any child or 
children entitled to the payment of benefits under paragraph (5) of 
section 411(c),". 
(B) The first sentence of section 412 (a) (5) of the Act is amended— 
(i) by striking out "or" the fifth place it appears therein; and 
..-{•'.••• 
(ii) by inserting after "child, or parent," the following: "in the 
case of the dependent parent or parents of a miner (who is not 
survived at the time of his or her death by a widow or a child) 
who are entitled to the payment of benefits under paragraph (5) 
of section 411 (c), or in the case of the dependent surviving broth-
er(s) or sister(s) of a miner (who is not survived at the time of 
his or her death by a widow, child, or parent) who are entitled to 
the payment of benefits under paragraph (5) of section 411(c),". 
PUBLIC LAW 95-239—MAR. 1, 1978 
92 STAT. 97 
(2) Section 414(e) of the Act is amended by striking out "or" the 30 USC 924, 
second place it appears therein and by striking out the period at the 
end thereof and inserting in lieu thereof the following: ", or (3) any 
such individual is entitled to benefits under paragraph (5) of section 
411(c).". 
(3) Section 421(a) of the Act is amended by inserting after "pneu-
moconiosis" the second place it appears therein the following: ", and 
in any case in which benefits based upon eligibility under paragraph 
(5) of section 411(c) are involved.". 
(4) The first sentence of section 422(a) of the Act is amended by 
inserting before the period at the end thereof the following: ", or with 
respect to entitlements established in paragraph (5) of section 411 (c)". 
Ante, p. 96. 
30 USC 931. 
30 USC 932. 
OFFSET LIMITATION 
SEC. 4. The first sentence of section 412(b) of the Act is amended 
by inserting after "disability of such miner" the following: "due to 
pneumoconiosis". 
30 USC 922. 
EVIDENCE REQUIRED TO ESTABLISH CLAIM 
SEC. 5. (a) Section 413(b) of the Act is amended by inserting 
after the second sentence thereof the following new sentences: "Where 
there is no medical or other relevant evidence in the case of a deceased 
miner, such affidavits shall be considered to be sufficient to establish 
that the miner was totally disabled due to pneumoconiosis or that his 
or her death was due to pneumoconiosis. In any case in which there 
is other evidence that a miner has a pulmonary or respiratory impair-
ment, the Secretary shall accept a board certified or board eligible 
radiologist's interpretation of a chest roentgenogram which is of a qual-
ity sufficient to demonstrate the presence of pneumoconiosis submitted 
in support of a claim for benefits under this title if such roentgenogram 
has been taken by a radiologist or qualified technician, except where 
the Secretary has reason to believe that the claim has been fraudulently 
represented. In order to insure that any such roentgenogram is of ade-
quate quality to demonstrate the presence of pneumoconiosis, and in 
order to provide for uniform quality in the roentgenograms, the Secre-
tary of Labor may, by regulation, establish specific requirements for 
the techniques used to take roentgenograms of the chest. Unless the 
Secretary has good cause to believe that an autopsy report is not accu-
rate, or that the condition of the miner is being fraudulently mis-
represented, the Secretary shall accept such autopsy report concerning 
the presence of pneumoconiosis and the stage of advancement of 
pneumoconiosis.". 
(b) Section 413(b) of the Act, as amended in subsection (a), is 
further amended by adding at the end thereof the following new sen-
tence : "Each miner who files a claim for benefits under this title shall 
upon request be provided an opportunity to substantiate his or her 
claim by means of a complete pulmonary evaluation.". 
(c) The fifth sentence of section 413(b) of the Act is amended by 
striking out "(f)," and by striking out "and (1)," and inserting in lieu 
thereof "(1),and (n),". 
(d) Section 413 of the Act is amended by adding at the end thereof 
the following new subsection: 
"(d) No miner who is engaged in coal mine employment shall 
(except as provided in section 411(c)(3)) be entitled to any bene-
30 USC 923. 
Roentgenogram 
techniques, 
regulations. 
Benefits 
entitlement, 
limitation. 
30 USC 921. 
92 STAT. 98 
PUBLIC LAW 95-239—MAR. 1, 1978 
.;,, ,. 
fits 
under this part while so employed. Any ininer who has been deter-
mined to be eligible for benefits pursuant to a claim filed while such 
miner was engaged in coal mine employment shall be entitled to such 
benefits if his or her employment terminates within one year after 
the date such determination becomes final.". 
APPROVAL OF STATE W O R K E R S ' COMPENSATION LAWS 
' 
30 use 931. 
SEC. 6. (a) Section 421 (b) (2) (A) of the Act is amended by inserting 
before the semicolon the following: ", except that (i) such law shall 
not be required to provide such benefits where the miner's last employ-
ment in a coal mine terminated before the Secretary's approval of the 
State law pursuant to this section; and (ii) each operator of a coal 
Post, p. 100. 
mine shall secure the payment of benefits pursuant to section 423 with 
respect to any miner whose last employment in a coal mine terminated 
before the Secretary's approval of the State law pursuant to this sec-
tion". 
(b) Section 421(b) (2) (C) of the Act is amended by striking out 
"part B of this title" and inserting in lieu thereof "this part", by 
striking out "of Health, Education, and Welfare", and by striking 
out "thereunder" and inserting in lieu thereof "under this part". 
5 : 
£ i ;r, 
(c) Section 421 (b) (2) (D) of the Act is amended to read as follows: 
"(D) any claim for benefits on account of total disability of a 
miner due to pneumoconiosis is deemed to be timely filed if such 
claim is filed within three years after a medical determination of 
total disability due to pneumoconiosis;". 
DETERMINATION OF CLAIMS FOR BENEFITS UNDER PART C OF TITLE TV 
OF THE ACT 
30 use 932. 
SEC. 7. (a) The first sentence of section 422(a) of the Act is 
amended— 
(1) by inserting after "as amended" the following: ", and as it 
may be amended from time to time"; 
(2^ by inserting a comma after "and 51 thereof)"; and 
• .. '
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(3) by striking out "and except as the Secretary shall by rega-
.' 
lation otherwise provide" and inserting in lieu thereof "or by 
regulations of the Secretary and except that references in such Act 
to the employer shall be considered to refer to the trustees of the 
fund, as the Secretary considers appropriate and as is consistent 
30 use 934. 
with the provisions of section 424". 
(b) Section 422(b) of the Act is amended by adding at the end 
thereof the following new sentence: "An employer, other than an 
operator of a coal mine, shall not be required to secure the payment 
of such benefits with respect to any employee of such employer to the 
extent such employee is engaged in the transportation of coal or in 
coal mine construction. Upon determination by the Secretary of the 
eligibility of the employee, the Secretary may require such employer 
to secure a bond or otherwise guarantee the payment of such benefits 
to the employee.". 
(c) Section 422 (c) of the Act is amended— 
(1) by striking out "and the Secretary of Health, Education, 
and Welfare"; and 
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' ' 
(2) by striking out "the period" and inserting in lieu thereof 
'*';';:'.;.; 
"a period after December 31,1969,". 
^' ' 
(d) Section 422(e) of the Act is amended by inserting "or" at the 
.JSv •'. 
j,jj^ Q^ paragraph (1) thereof, by striking out ", or" at the end of 
PUBLIC LAW 95-239—MAR. 1, 1978 
92 STAT. 99 
paragraph (2) thereof and inserting in lieu thereof a period, and by 
striking out paragraph (3) thereof. 
(e) Section 422(f) of the Act is amended to read as follows: 
30 USC 932. 
" (f) Any claim for benefits by a miner under this section shall be 
filed within three years after whichever of the following occurs later— 
"(1) a medical determination of total disability due to pneu-
moconiosis; or 
"(2) the date of the enactment of the Black Lung Benefits 
Keform Act of 1977.". 
(f) Section 422(h) of the Act is amended by striking out the first 
sentence thereof. 
(g) Section 422(i) of the Act is amended to read as follows: 
"(i)(l) During any period in which this section is applicable to 
the operator of a coal mine who on or after January 1,1970, acquired 
' ' 
'' 
such mine or substantially all the assets thereof, from a person (here-
inafter in this subsection referred to as a 'prior operator') who was an 
operator of such mine, or owner of such assets on or after January 1, 
1970, such operator shall be liable for and shall, in accordance with 
section 423, secure the payment of all benefits which would have been Post, p. 100. 
payable by the prior operator under this section with respect to miners 
previously employed by such prior operator as if the acquisition had 
not occurred and the prior operator had continued to be an operator 
of a coal mine. 
"(2) Nothing in this subsection shall relieve any prior operator of 
any liability under this section. 
"(3) (A) For purposes of paragraph (1) of this subsection, the pro-
visions of this paragraph shall apply to corporate reorganizations, 
liquidations, and such other transactions as are specified in this 
paragraph. 
"(B) If an operator ceases to exist by reason of a reorganization or 
other transaction or series of transactions which involves a change in 
identity, form, or place of business or organization, however effected, 
the successor operator or other corporate or business entity resulting 
from such reorganization or other change shall be treated as the oper-
ator to whom this section applies. 
"(C) If an operator ceases to exist by reason of a liquidation into a 
parent or successor corporation, the parent or successor corporation 
shall be treated as the operator to whom this section applies. 
"(D) If an operator ceases to exist by reason of a sale of substan-
tially all his or her assets, or as the result of a merger, consolidation, 
or division, the successor operator, corporation, or other business 
entity shall be treated as the operator to whom this section applies. 
"(4) In any case in which there is a determination under section 
424 that no operator is liable for the payment of benefits to a claim- 30 USC 934. 
ant, nothing in this subsection may be construed to require the pay-
ment of benefits to a claimant by or on behalf of any operator,". 
(h) Section 422 of the Act is amended by adding at the end thereof 30 USC 932. 
the following new subsections: 
"(j) Notwithstanding the provisions of this section, section 424 
shall govern the payment of benefits in cases— 
"(1) described in section 424(a) (1); or 
" (2) in which the miner's last coal mine employment was before 
January 1,1970. 
"(k) The Secretary shall be a party in any proceeding relative to 
a claim for benefits under this part. 
92 STAT. 100 
PUBLIC LAW 95-239—MAR. 1, 1978 
"(1) In no case shall the eligible survivors of a miner who was 
determined to be eligible to receive benefits under this title at the time 
... 
>':» 
of jjig Qj. j^ej. death be required to file a new claim for benefits, or refile 
or otherwise revalidate the claim of such miner.". 
30 use 932a 
(i) Notwithstanding the provisions of section 422(a) of the Act, 
°°*®- 
individuals appointed to hear and determine claims for benefits under 
'on^'icr QQi 
P^^t C of title IV of the Act and under section 415 of the Act pursuant 
sea 
''^ 
^^ Public Law 94-504 (90 Stat. 2428) may continue to adjudicate such 
30 use 925. 
claims during the one-year period following the date of the enact-
30 use 932a. 
ment of this Act. 
PENALTIES FOR FAILURE TO SECURE PAYMENT OF BENEFITS 
30 use 933. 
SEC. 8. Section 423 of the Act is amended by adding at the end 
thereof the following new subsection: 
"(d) (1) Any employer required to secure the payment of benefits 
under this section who fails to secure such benefits shall be subject to 
a civil penalty assessed by the Secretary of not more than $1,000 for 
K'f I 
each day during which such failure occurs. In any case where such 
employer is a corporation, the president, secretary, and treasurer 
thereof also shall be severally liable to such civil penalty as provided 
in this subsection for the failure of such corporation to secure the 
payment of benefits. Such president, secretary, and treasurer shall be 
severally personally liable, jointly with such corporation, for any 
benefit which may accrue under this title in respect to any disability 
which may occur to any employee of such corporation while it shall so 
fail to secure the payment of benefits as required by this section. 
"(2) Any employer of a miner who knowingly transfers, sells, 
encumbers, assigns, or in any manner disposes of, conceals, secrets, or 
destroys any property belonging to such employer, after any miner 
employed by such employer has filed a claim under this title, and 
with intent to avoid the payment of benefits under this title to such 
miner or his or her dependents, shall be guilty of a misdemeanor and, 
upon conviction thereof, shall be punished by a fine of not more than 
$1,000, or by imprisonment for not more than one year, or both. In 
any case where such employer is a corporation, the president, secre-
tary, and treasurer thereof also shall be severally liable for such 
penalty of imprisonment as well as jointly liable with such corporation 
for such fine, 
"(3) This subsection shall not affect any other liability of the 
employer under this part.". 
'-'f'xl^ 
^' 
CLINICAL FACILITIES 
.^^!.„/ .,5,r.-j|- 
, j ; -^ 
30 use 937. 
SEC. 9. The first sentence of section 427(c) of the Act is amended 
by striking out "of the fiscal years ending June 30,1973, June 30,1974, 
;. o 
and June 30, 1975" and inserting in lieu thereof "fiscal year". 
APPLICABILITY OF AMENDMENTS 
' 
4 
' • 
i 
30 use 940. 
SEC 10. Section 430 of the Act is amended— 
(1) by inserting "and by the Black Lung Benefits Reform Act 
of 1977" after "1972"; and 
(2) by striking out the colon and all that follows it and insert-
' • ing in lieu thereof a period. 
PUBLIC LAW 95-239—MAR. 1, 1978 
92 STAT. 101 
MEDICAli CARE 
Eligibility, 
notification to 
miners. 
30 u s e 924a. 
30 u s e 921. 
SEC. 11. The Secretary of Health, Education, and Welfare shall 
notify each miner receiving benefits under part B of title IV of 
the Act on account of his or her total disability who such Secre-
tary has reason to believe became eligible for medical services and 
supplies on January 1, 1974, of his or her possible eligibility for such 
benefits. Where such Secretary so notifies a miner, the period during Termination, 
which he Or she may file a claim for medical services and supplies 
under part C of title IV of the Act shall not terminate before six 
months after such notification is made. 
. 
PENALTIES FOR FALSE STATEMENTS AND FAILURES TO FILE REPORTS 
SEC. 12. (a) Section 431 of the Act is amended to read as follows: 30 USC 941. 
"SEC. 431. Any person who willfully makes any false or misleading 
statement or representation for the purpose of obtaining any benefit or 
payment under this title shall be guilty of a misdemeanor and on 
conviction thereof shall be punished by a fine of not more than $1,000, 
or by imprisonment for not more than one year, or both.". 
(b) Part 0 of title IV of the Act is amended by adding at the end 
thereof the following new section: 
"SEC, 432. (a) The Secretary may by regulation require employers 
to file reports concerning miners who may be or are entitled to 
benefits under this part, including the date of commencement and 
cessation of benefits and the amount of such benefits. Any such report 
shall not be evidence of any fact stated therein in any proceeding 
relating to death or total disability due to pneumoconiosis of any 
miner to which such report relates. 
"(b) Any employer who fails or refuses to file any report required 
of such employer under this section shall be subject to a civil penalty 
of not more than $500 for each such failure or refusal.". 
Miner benefit 
entitlement 
reports, filing. 
30 USC 942. 
INSURANCE FUND 
SEC. 13. Part C of title IV of the Act, as amended by section 12(b), 
is further amended by adding at the end thereof the following new 
section: 
"SEC 433. (a) The Secretary is authorized to establish and carry 
out a black lung insurance program which will enable operators of 
coal mines to purchase insurance covering their obligations under 
section 422. 
"(b) The Secretary may exercise his or her authority under this sec-
tion only if, and to the extent that, insurance coverage is not otherwise 
available, at reasonable cost, to operators of coal mines. 
"(c)(1) The Secretary may enter into agreements with operators 
of coal mines who may be liable for the payment of benefits under sec-
tion 422, under which the Black Lung Compensation Insurance Fund 
established under subsection (a) (hereinafter in this section referred 
to as the 'insurance fund') shall assume all or part of the liability of 
such operator in return for the payment of premiums to the insurance 
fund, and on such terms and conditions as will fully protect the finan-
cial solvency of the insurance fund. During any period in which such 
agreement is in effect the operator shall be deemed in compliance with 
the requirements of section 423 with respect to the risks covered by 
such agreement. 
Compensation 
program 
establishment, 
authorization. 
30 USC 943. 
Ante, p. 98. 
Agreements with 
coal mine 
operators. 
Ante, p. 100. 
92 STAT. 102 
PUBLIC LAW 95-239—MAR. 1, 1978 
Reinsurance 
agreements. 
Ante, p. 98. 
Insurability 
terms and 
conditions, 
regulations. 
Premium 
schedule studies 
and 
investigations. 
Premium rates, 
regulations. 
Black Lung 
Compensation 
Insurance Fund. 
Repayment to 
Treasury 
Secretary. 
" (2) The Secretary may also enter into reinsurance agreements with 
one or more insurers or pools of insurers under which, in return for 
the payment of premiums to the insurance fund, and on such terms and 
conditions as will fully protect the financial solvency of the insurance 
fund, the insurance fund shall provide reinsurance coverage for bene-
fits required to be paid under section 422. 
"(d) The Secretary may by regulation provide for general terms 
and conditions of insurability as applicable to operators of coal mines 
or insurers eligible for insurance or reinsurance under this section, 
including— 
"(1) the types, classes, and locations of operators or facilities 
which shall be eligible for such insurance or reinsurance; 
" (2) the classification, limitation, and rejection of any operator 
or facility which may be advisable; 
"(3) appropriate premiums for different classifications of 
operators or facilities; 
"(4^ appropriate loss deductibles; 
" ^5^ experience rating; and 
"(6) any other terms and conditions relating to insurance or 
reinsurance coverage or exclusion which may be appropriate to 
carry out the purposes of this section. 
"(e) The Secretary may undertake and carry out such studies and 
investigations, and receive or exchange such information, as may be 
necessary to formulate a premium schedule which will enable the 
insurance and reinsurance authorized by this section to be provided on 
a basis which is (1) in accordance with accepted actuarial principles; 
and (2) fair and equitable. 
"(f) (1) On the basis of estimates made by the Secretary in formu-
lating a premium schedule under subsection (e), and such other infor-
mation as may be available, the Secretary shall from time to time 
prescribe by regulation the chargeable premium rates for types and 
classes of insurers, operators of coal mines, and facilities for which 
insurance or reinsurance coverage shall be available under this section 
and the terms and conditions under which, and the area within which, 
such insurance or reinsurance shall be available and such rates shall 
apply. 
(2) Such premium rates shall be (A) based on a consideration 
of the risks involved, taking into account differences, if any, in risks 
based on location, type of operations, facilities, type of coal, expe-
rience, and any other matter which may be considered under accepted 
actuarial principles; and (B) adequate, on the basis of accepted 
actuarial principles, to provide reserves for anticipated losses. 
"(3) All premiums received by the Secretary shall be paid into the 
insurance fund. 
"(g) (1) The Secretary may establish in the Department of Labor a 
Black Lung Compensation Insurance Fund which shall be available, 
without fiscal year limitation— 
"(A) to pay claims of miners for benefits covered by insurance 
or reinsurance issued under this section; 
"(B) to pay the administrative expenses of carrying out the 
black lung compensation insurance program under this section; 
and 
"(C) to repay to the Secretary of the Treasury such sums as 
may be borrowed in accordance with the authority provided in 
subsection (i). 
PUBLIC LAW 95-239—MAR. 1, 1978 
92 STAT. 103 
" (2) The insurance fund shall be credited with— 
"(A) premiums, fees, or other charges which may be collected 
in connection with insurance or reinsurance coverage provided 
under this section; 
"(B) such amounts as may be advanced to the insurance fund 
from appropriations in order to maintain the insurance fund in an 
operative condition adequate to meet its liabilities; and 
" (C) income which may be earned on investments of the insur-
ance fund pursuant to paragraph (3), 
"(3) If, after all outstanding current obligations of the insurance 
fund have been liquidated and any outstanding amounts which may 
have been advanced to the insurance fund from appropriations author-
ized under subsection (i) have been credited to the appropriation 
from which advanced, the Secretary determines that the moneys of the 
insurance fund are in excess of current needs, he or she may request the 
investment of such amounts as he or she deems advisable by the Secre-
tary of the Treasury in public debt securities with maturities suitable 
for the needs of the insurance fund and bearing interest at prevailing 
market rates. 
"(h) The Secretary shall report to the Congress not later than the 
first day of April of each year on the financial condition of the insur-
ance fund and the results of the operations of the insurance fuJid 
during the preceding fiscal year and on its expected condition and 
operations during the fiscal year in which the report is made. 
"(i) There are authorized to be appropriated to the insurance fund, 
as repayable advances, such sums as may be necessary to meet obliga-
tions incurred under subsection (g). All such sums shall remain avail-
able without fiscal year limitation. Advances made pursuant to this 
subsection shall be repaid, with interest, to the general fund of the 
Treasury when the Secretary determines that moneys are available 
in the insurance fund for such repayments. Interest on such advances 
shall be computed in the same manner as provided in subsection (b) 
(2) of section 3 of the Black Lung Benefits Revenue Act of 1977.". 
Investments. 
Fund financial 
condition, annual 
report to 
Appropriation 
authorization. 
Interest rates. 
Ante, p. 12. 
STATEMENT OF REASONS FOR DENIAL OF CLAIMS 
SEC. 14. Part G of title IV of the Act, as amended by sections 12(b) 
and 13, is further amended by adding at the end thereof the following 
new section: 
"SEC. 434. Any individual whose claim for benefits under this title 30 USC 944. 
is denied shall receive from the Secretary a written statement of the 
reasons for denial of such claim, and a summary of the administrative 
hearing record or, upon good cause shown, a copy of any transcript 
thereof.". 
REVIEW OF PENDING AND PREVIOUSLY DENIED CLAIMS 
Notification to 
claimants. 
SEC. 15. Part C of title IV of the Act, as amended by sections 12 (b), 
13, and 14, is further amended by adding at the end thereof the fol-
lowing new section: 
"SEC. 435. (a)(1) The Secretary of Health, Education, and Wei- 30 USC 945 
fare shall promptly notify each claimant who has filed a claim for 
benefits under part B of this title and whose claim is either pending 
: 
on the effective date of this section or has been denied on or before 
92 STAT. 104 
PUBLIC LAW 95-239—MAR. 1, 1978 
Referral-to Labor 
Secretary. 
Approval and 
certification. 
Payment. 
Referral to Labor 
Secretary, 
notification to 
claimants. 
Determinations, 
transfers to Labor 
Secretary. 
30 u s e 925. 
that effective date, that, upon the request of the claimant, the claim 
shall be either— 
" (A) reviewed by the Secretary of Health, Education, and Wel-
fare under paragraph (2) for a determination based on the evi-
dence on file, taking into account the amendments made by the 
Black Lung Benefits Reform Act of 1977; or 
"(B) referred directly by the Secretary of Health, Education, 
and Welfare to the Secretary of Labor for a determination under 
paragraph (3), with an opportunity for the claimant to present 
additional medical or other evidence in accordance with that 
paragraph, taking into account the amendments made by the 
Black Lung Benefits Reform Act of 1977. 
"(2) (A) The Secretary of Health, Education, and Welfare shall 
approve forthwith each claim for which review is requested under 
paragraph (1) (A) if, based upon the evidence on file, the provisions 
of part B of this title, as amended by the Black Lung Benefits Reform 
Act of 1977, require such approval. The Secretary of Health, Educa-
tion, and Welfare shall certify such approval to the Secretary of 
Labor and such approval shall be binding upon the Secretary of Labor 
as an initial determination of eligibility. IJpon receipt of that certi-
fication, the Secretary of Labor shall immediately make or otherwise 
provide for the payment of the claim in accordance with this part. 
"(B) (i) The Secretary of Health, Education, and Welfare shall 
refer to the Secretary of Labor any claim not approved under subpara-
graph (A) for a determination under paragraph (3), and shall notify 
the claimant of that referral to the Secretary of Labor for such a 
determination. 
"(ii) The Secretary of Health, Education, and Welfare shall 
notify each claimant whose claim has been approved under subpara-
graph (A) that, if the claimant disputes the scope or terms of the 
award, such dispute shall be referred to the Secretary of Labor for a 
determination under paragraph (3). 
"(C) Upon the completion of the review of any claim by the Secre-
tary of Health, Education, and Welfare under this paragraph, the 
responsibility for further action with respect to such claim shall be 
transferred to the Secretary of Labor. The Secretary of Labor shall 
consider each such claim in accordance with paragraph (3). 
"(3) (A) Except as provided in this section, the Secretary of Labor 
shall treat each claim referred by the Secretary of Health, Educa-
tion, and Welfare under paragraph (1) (B) or (2) (B) as if it were 
a claim filed under this part. The provisions of subsection (b) shall 
^PPl.y to any determination of the Secretary with respect to any such 
claim referred to the Secretary. 
"(B) The Secretary of Health, Education, and Welfare shall 
promptly furnish to the Secretary of Labor all pertinent information 
in the possession of the Department of Health, Education, and Wel-
fare relating to claims referred to the Secretary of Labor under this 
subsection.. 
"(4) For the purposes of any determination by the Secretary of 
Labor under paragraph (3), the date of the request under paragraph 
(1) shall be considered the date of filing of the claim. 
"(b) (1) The Secretary of Labor shall review each claim which has 
been denied under this part (or under section 415) on or before the 
effective date of this subsection, and each claim which is pending under 
this part (or under section 415) on such effective date, taking into 
account the amendments made to this part by the Black Lung Benefits 
Keform Act of 1977. The Secretary shall approve any such claim forth-
PUBLIC LAW 95-239—MAR. 1, 1978 
92 STAT. 105 
with if the provisions of this part, as so amended, require that 
approval, and the Secretary shall immediately make or otherwise pro-
vide for the payment of the claim in accordance with this part. 
"(2) (A) The Secretary, in carrying out the review of any claim Evidence 
under paragraph (1) and in making any determination under subsec- requirement, 
tion (a) (3), shall not require any additional medical or other evidence 
to be submitted if the evidence on file is sufficient for approval of the 
claim, taking into account the amendments made to this part by the 
Black Lung Benefits Reform Act of 1977. 
"(B) If the evidence on file is not sufficient for approval of the 
claim, the Secretary shall provide an opportunity for the claimant to 
present additional medical or other evidence to substantiate his or her 
claim and shall notify each claimant of that opportunity. 
"(c) Any individual whose claim is approved pursuant to this sec-
tion shall be awarded benefits on a retroactive basis for a period which 
begins no earlier than January 1,1974.". 
s 
;;» 
SHORT TITLE FOR THE 
ACT 
SEC. 16. Section 401 of the Act is amended by inserting " (a)" after 30 USC 901. 
"SEC. 401." and by adding at the end thereof the following ncAv 
subsection: 
"(b) This title may be cited as the 'Black Lung Benefits Act'.". 
, 
R-: 
j 
OCCUPATIONAL DISEASE STUDY 
SEC. 17. (a) The Secretary of Labor, in cooperation with the Direc-
tor of the National Institute for Occupational Safety and Health, shall 
conduct a study of all occupationally related pulmonary and respira-
tory diseases, including the extent and severity of such diseases in the 
United States. Such study shall further include analyses of (1) any 
otiologic, symptomatologic, and pathologic factors which are similar to 
such factors in coal workers' pneumoconiosis and its sequelae; (2) the 
adequacy of current workers' compensation programs in compensating 
individuals with such diseases; and (3) the status and adequacy of 
Federal health and safety laws and regulations relating to the in-
dustries with which such diseases are associated. 
(b) The study required in subsection (a) shall be completed and a 
report thereon submitted to the President and to the appropriate com-
mittees of the Congress no later than 18 months after the date of the 
enactment of this A.ct. 
FIELD OFFICES 
SEC. 18. (a) The Secretary of Labor shall establish and operate such 
field offices as may be necessary to assist miners and survivors of min-
ers in the filing and processing of claims under title IV of the Act. 
Such field offices shall, to the extent feasible, be reasonably accessible 
to such miners and survivors. The Secretary, in connection with the 
establishment and operation of field offices, may enter into arrange-
ments with other Federal departments and agencies, and with State 
agencies, for the use of existing facilities operated by such depart-
ments and agencies. Where the establishment of separate facilities is 
not feasible the Secretary may enter into such arrangements as he 
deems necessary with the heads of Federal departments, agencies, and 
instrumentalities and with State agencies for the use of existing 
facilities and personnel under their control. 
(b) There are authorized to be appropriated for the purposes of 
subsection (a) such sums as may be necessary. 
29 USC 675 note. 
Report to 
President and 
cong 
committees. 
Establishment. 
30 USC 903. 
30 USC 901. 
Arrangements 
with Federal and 
State agencies. 
Appropriation 
authorization. 
92 STAT. 106 
PUBLIC LAW 95-239—MAR. 1, 1978 
30 u s e 904. 
30 u s e 901. 
Assistance. 
INFORMATION TO POTENTIAL 
BENEFICIARIES 
SEC. 19. The Secretary of Health, Education, and Welfare and the 
Secretary of Labor shall disseminate to interested persons and groups 
the changes in title IV of the Act made by this Act, together with an 
explanation of such changes, and shall undertake, through appropriate 
organizations, groups, and coal mine operators, to notify individuals 
who are likely to have become eligible for benefits by reason of such 
changes. Individual assistance in preparing and processing claims 
shall be offered by the Secretary of Health, Education, and Welfare 
and the Secretary of Labor and provided to potential beneficiaries. 
EFFECTIVE DATES 
30 u s e 901 note. 
30 u s e 934a 
note. 
Ante, p. 12. 
Additional rules 
and regulations. 
26 u s e 4121 
note. 
Ante, p. 24. 
SEC. 20. (a) The provisions of this Act shall take effect on the date 
of the enactment of this Act. 
(b) In the event that the payment of benefits to miners and to eligi-
ble survivors of miners cannot be made from the Black Lung Disabil-
ity Trust Fund established by section 3(a) of the Black Lung Benefits 
Revenue Act of 1977, the provisions of the Act relating to the payment 
of benefits to miners and to eligible survivors of miners, as in effect 
immediately before the date of the enactment of this Act, shall take 
effect, as rules and regulations of the Secretary of Labor until such 
provisions are revoked, amended, or revised by law. The Secretary of 
Labor may promulgate additional rules and regulations to carry out 
such provisions and shall make benefit payments to miners and to eli-
gible survivors of miners in accordance with such provisions. 
(c) In accordance with the requirements of section 5 of the Black 
Lung Benefits Revenue Act of 1977, it is hereby provided that such Act 
shall take effect in accordance with the provisions of such Act. The 
provisions of this subsection are hereby deemed to be in explicit satis-
faction of the requirements of section 5 of such Act. 
Approved March 1, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-151 (eomm. on Education and Labor) and No. 95-864 
(eomm. of eonference). 
SENATE REPORTS: No. 95-209 accompanying S. 1538 (eomm. on Human Resources) 
and No. 95-336 (eomm. on Finance). 
eONGRESSIONAL REeORD: 
Vol. 123 (1977): July 21, S. 1538 considered in Senate. 
July 25, Sept. 19, considered and passed House. 
Sept. 20, considered and passed Senate, amended, in lieu of 
S. 1538. 
Vol. 124 (1978): Feb. 6, Senate agreed to eonference report. 
Feb. 15, House agreed to eonference report. 
WEEKLY eOMPILATION 
OF PRESIDENTIAL 
DOeUMENTS: 
Vol. 14, No. 9 (1978): Mar. 1, Presidential statement.