Ranking Member Scott Applauds Biden Administration Efforts to Help Miners, Families Access Care
WASHINGTON – Ranking Member Robert C. “Bobby” Scott (VA-03) released the following statement after the Department of Labor announced a proposed rule that would make reforms to the Black Lung benefits program to ensure that coal operators honor their responsibility to fund the workers’ compensation benefits miners and their survivors are entitled to receive.
“Decades ago, Congress established the Black Lung Benefits Act to provide monthly compensation and medical coverage for coal miners who develop black lung disease. While the law requires coal operators to purchase insurance that cover benefits for miners and their survivors, the federal government has failed to conduct oversight and update regulations to guarantee that self-insured companies maintain adequate resources to cover their benefits liabilities. As a result, coal operators in recent years have shifted an estimated $1 billion of their black lung liabilities onto taxpayers and threatened to drive the Black Lung Disability Trust Fund (BLDTF) into insolvency.
“Thankfully, the Biden-Harris Administration has taken an important step to improve oversight of the program and hold bad actors accountable. The proposed rule sets a simple formula for the amount of collateral that self-insured coal operators must set aside to fund the BLDTF, ensuring that miners and their survivors can access the care they are legally entitled to receive, without bankrupting the BLDTF and forcing taxpayers to foot the bill. The proposed rule is consistent with the best practice from other self-insurance policies in the states, and it would make these changes the right way—through the rulemaking process, with a fair opportunity for stakeholders to weigh in.
“Moving forward, I remain committed to passing the Black Lung Benefits Improvement Act led by Congressman Cartwright (PA-08) to help further strengthen the black lung program, so that miners and their families can successfully get the benefits they deserve.”
The proposed rule comes after Committee Democrats held hearings (February of 2020 and December of 2021), and released reports (February of 2020 and December of 2021) urging stronger government oversight and accountability of the Black Lung Disability Trust Fund. Moreover, in March of 2022, the Committee advanced the Black Lung Benefits Improvement Act to help miners overcome barriers to compensation and protect taxpayers.
Despite a Government Accountability Office report detailing the risk to taxpayers and a Committee hearing to air the issues, the Trump Administration waited until its final month to issue a last-minute guidance document of policy changes. By not bothering to go through the rulemaking process, the Trump Administration risked tying the Department of Labor up in costly lawsuits that would have ended with the Department having to go back to square one.
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