Statement of Administration Policy: H.R. 2108 - Black Lung Benefits Restoration Act

(SENT 5/17/94)
(House Rules)
(SENT to House 5/18/94)
(Rep. Murphy (D) PA and 14 others)

The Administration supports the objective of administering the black lung benefits program more equitably and efficiently and applauds the provisions of H.R. 2108 that would carry out that objective. The Administration, however, is very concerned about the enormous debt in the Black Lung Disability Trust Fund and the additional debt that would result from certain provisions of H.R. 2108. Accordingly, the Administration recommends that H.R. 2108 be amended to (1) include only changes that would improve the equity and efficiency of the program, and (2) fully offset any costs generated by these changes.

The Administration urges that H.R. 2108 be amended to limit changes to the Black Lung Benefits Act of 1969 to the following features:

• provide only prospective relief from current statutory provisions requiring claimants who receive benefits prior to a final determination of non-entitlement to repay those benefits or seek a waiver;
  
  
• require coal mine operators that have been found potentially liable for a particular claim to make interim benefit payments if the claimant is found entitled to benefits;
  
  
• equalize and limit the amount of evidence coal mine operators and claimants can submit in order to determine a claim for benefits filed after the date of enactment of this legislation;
  
  
• provide for the early resolution of the issue of which party is potentially liable for a particular claim by bifurcating the liability and entitlement questions;
  
  
• reinstate death benefits for the eligible survivors of miners who die while they are totally disabled due to black lung;
  
  
• provide for incentives to ensure more adequate legal representation for black lung claimants by providing for awards of attorneys' fees based on success at any level of adjudication;
  
  
• enhance the Department of Labor's efforts to obtain reimbursement from coal mine operators for payments made from the Black Lung Disability Trust Fund by adding provisions borrowed from the Internal Revenue Code and the Federal Debt Collection Act; and
  
  
• allow the Department of Labor to increase the efficiency of its self insurance program without requiring coal mine operators to post significantly higher security.

Pay-As-You-Go Scoring

H.R. 2108 would increase direct spending; therefore, it is subject to the pay-as-you-go (PAYGO) provisions of the Omnibus Budget Reconciliation Act of 1990 (OBRA).

OMB's preliminary PAYGO scoring estimates of this bill are presented in the table below. Final scoring of this legislation may deviate from these estimates. If H.R. 2108 were enacted, final OMB scoring estimates would be published within 5 days of enactment, as required by OBRA. The cumulative effects of all enacted legislation on direct spending and receipts will be reported to Congress at the end of the congressional session, as required by OBRA.

PAY-AS-YOU-GO ESTIMATES
(dollars in millions)