Black Lung Benefits Reform Act

(Reported to Senate from the Committee on Finance with amendment, S. Rept. 94-1303)

Black Lung Benefits Reform Act - Amends the Federal Coal Mine Health and Safety Act of 1969 to define "pneumoconiosis" as a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.

Defines a miner as totally disabled, for purposes of this Act, when pneumoconiosis prevents him from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he previously engaged with some regularity and over a substantial period of time.

Directs the Secretary of Labor, in consultation with the National Institute for Occupational Safety and Health, to establish criteria for appropriate medical tests which accuately reflect total disability in coal miners.

Stipulates that if a miner was employed for 25 years or more in a coal mine, such miner shall be entitled to the payment of black lung benefits under the Federal Coal Mine Health and Safety Act.

Allows a miner eligible to exercise the option to transfer to a position of reduced concentration of respirable dust in the mine atmosphere, or who has evidence of the development of pneumoconiosis demonstrated by chest roentgenogram, or who has been employed for ten or more years in a coal mine, to file a claim for benefits before terminating such employment.

Directs the Secretary to accept a board certified or board eligible radiologist's interpretation of a chest roentgenogram which is of acceptable quality submitted in support of a claim for benefits if such roentgenogram was taken by a radiologist or qualified radiologic technologist or technician except where the Secretary has reason to believe that the claim has been fraudulently represented. Allows, where there is no medical evidence, or where such evidence is insufficient in the case of a deceased miner, the taking of affidavits as sufficient evidence to establish that a miner was totally disabled due to pneumoconiosis or that his death was due to pneumoconiosis.

Establishes on the books of the U.S. Treasury a trust fund to be known as the Black Lung Disability Fund, such fund to be held, operated, and administered by the Secretary of the Treasury as managing trustee. Authorizes general revenue contributions to the fund to pay any excess of benefit costs over the amount received from the new coal tax established by this Act.

Amends the Internal Revenue Code of 1954 to impose an excise tax on the sale of coal by the producer.

Directs the Secretary of Labor, jointly with the Secretary of Health, Education, and Welfare, to disseminate to interested persons and groups information regarding benefits available under this Act.

Makes provision for the review and transfer of denied and pending claims.

Directs the Department of Labor, in cooperation with the National Institute for Occupational Safety and Health, to conduct a study of all occupationally related pulmonary and respiratory diseases, including the extent and severity of such diseases in the United States.