Black Lung Benefits Reform Act of 1977

(Conference report filed in House, H. Rept. 95-864)

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.

Establishes that, in the case of a deceased miner for whom no medical or other relevant evidence exists, affidavits regarding his physical condition shall be sufficient evidence that such miner was totally disabled due to pneumoconiosis or that his death was due to pneumoconiosis. Requires the Secretary to accept the reading of a board certified or board eligible radiologist of an x-ray which meets certain requirements. Requires that claimants be provided an opportunity to substantiate such disability claims with complete pulmonary evaluations.

Makes a coal mine operator who acquired a mine from a previous operator on or after January 1, 1970, liable for the payment of black lung benefits to individuals previousl employed in the mine.

Entitles the eligible survivors of a miner to the payment of benefits if such miner dies on or before the date of enactment of this Act, and if such miner was employed for 25 years or more in one or more coal mines prior to June 30, 1971.

Imposes civil penalties upon employers for failure to secure the payment of compensation under such 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.

Authorizes the Secretary of Labor to establish and carry out a black lung insurance program to enable operators to purchase insurance to cover certain obligations.

Authorizes the Secretary to establish in the Department of Labor a Black Lung Compensation Insurance Fund, which shall be available to pay claims, to pay administrative expenses of carrying out the insurance program and to repay the Secretary of the Treasury for any funds borrowed, at interest, from the general fund of the Treasury.

Directs the Secretary to report to the Congress annually on the financial condition of the insurance fund and the results of the operations of the fund.

Authorizes the appropriation of, as repayable advances, such funds as may be necessary to meet the obligations of the insurance fund.

Directs the Secretary of Labor to supply each denied claimant with a written statement of the reasons for such denial and a summary of the administrative hearing record or, on a showing of good cause, a copy of any transcript thereof. Sets forth procedures for the review of pending and previously denied claims.

Directs the Secretary 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.

Authorizes the Secretary of Labor to establish necessary field offices to assist claimants with filing and processing claims. Authorizes the appropriation of such sums as may be necessary for such purpose.

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.