Black Lung Benefits Restoration Act of 1994 - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant. Provides for refunds to claimants of any such repayments required before this Act. Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments.
(Sec. 3) Revises evidence requirements. Prohibits the responsible operator or the Trust Fund from requiring more than one medical examination to controvert medical evidence presented by a claimant on the basis of a medical examination. Prohibits any claimant from offering more than three medical examinations; but authorizes the administrative law judge to require the claimant to submit to an additional medical examination.
(Sec. 4) Revises requirements for survivor benefits. Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was disabled by, pneumoconiosis at the time of death. Qualifies to receive survivor benefits any widow or widower of a miner who was married to the miner for at least nine months preceding the miner's death, or who had children as a result of such a marriage. Provides that widows or widowers of miners are not disqualified to receive survivor benefits if they remarry after attaining age 50, but prohibits them from receiving an augmentation in survivor benefits on any basis arising out of a subsequent marriage.
(Sec. 5) Provides for notice and an opportunity for a hearing to appeal to the Secretary any designation of liability as the responsible operator. Authorizes assessment of proceeding costs against any operator who does not have reasonable grounds to contest the designation.
(Sec. 6) Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits. Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination.
Requires the Trust Fund to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits.
(Sec. 7) Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge.
(Sec. 8) Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits.
(Sec. 9) Provides for coverage of coke oven operators (or operators of machine shops or other operations reasonably related to coke ovens) under the Act and the Federal Mine Safety and Health Act.
(Sec. 10) Makes attorney's fees provisions of this Act applicable only to new claims filed after October 1, 1994.
Provides that amendments made by this Act shall not take effect unless their costs are fully offset in each fiscal year through FY 1999 by changes to the black lung benefits program.
Rule H. Res. 428 passed House.
Considered under the provisions of rule H. Res. 428. (consideration: CR H3707-3734)
Rule provides for consideration of H.R. 2108 with 1 hour of general debate. Previous question shall be considered as ordered. Providing for the consideration of the bill in the Committee of the Whole under an open rule. The time for consideration of the bill shall not exceed 3 hours (excluding time for recorded votes and proceedings incidental thereto). Measure will be considered read. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment, an amendment in the nature of a substitute consisting of the text of H.R. 4415.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 428 and Rule XXIII.
The Speaker designated the Honorable Robert E. Wise Jr. to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
CONSIDERATION OF AMENDMENTS - The Committee of the Whole will proceed with amendment consideration under the five-minute rule.
MESSAGE FROM THE SENATE - The Committee of the Whole rose informally to receive a message from the Senate.
The Committee of the Whole resumed its sitting.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2108.
The previous question was ordered pursuant to the rule.
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.
Mr. Fawell moved to recommit to Education and Labor.
The previous question on the motion to recommit was ordered without objection.
On motion to recommit Failed by voice vote. (consideration: CR H3734)
Passed/agreed to in House: On passage Passed by recorded vote: 252 - 166 (Roll no. 186).
Roll Call #186 (House)On passage Passed by recorded vote: 252 - 166 (Roll no. 186).
Roll Call #186 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 456.