II 

117TH CONGRESS 

2D SESSION S. 4511 

To ensure that claims for benefits under the Black Lung Benefits Act are 

processed in a fair and timely manner, to better protect miners from 

pneumoconiosis (commonly known as ‘‘black lung disease’’), and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2022 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To ensure that claims for benefits under the Black Lung 

Benefits Act are processed in a fair and timely manner, 

to better protect miners from pneumoconiosis (commonly 

known as ‘‘black lung disease’’), and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Black Lung Benefits 

5 Improvement Act of 2022’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—BLACK LUNG BENEFITS 

PART A—IMPROVING THE PROCESS FOR FILING AND ADJUDICATING

CLAIMS FOR BENEFITS

Sec. 101. Providing assistance with claims for miners and their dependent family members. 

Sec. 102. Clarifying eligibility for black lung benefits. 

Sec. 103. Development of medical evidence by the Secretary. 

Sec. 104. False statements or misrepresentations, attorney disqualification, and 

discovery sanctions. 

Sec. 105. Readjudicating cases involving certain chest radiographs. 

Sec. 106. Attorneys’ fees and medical expenses payment program. 

Sec. 107. Restoring adequate benefit adjustments for miners suffering from 

black lung disease and for their dependent family members. 

Sec. 108. Disclosure of employment and earnings information for black lung 

benefits claims. 

PART B—REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS

UNDER THE BLACK LUNG BENEFITS ACT

Sec. 121. Strategy to reduce delays in adjudication. 

PART C—IMPROVEMENT IN THE FINANCIAL SECURITY OF THE BLACK

LUNG BENEFITS DISABILITY TRUST FUND

Sec. 131. Policies for securing the payment of benefits. 

TITLE II—ESTABLISHING THE OFFICE OF WORKERS’ 

COMPENSATION PROGRAMS 

Sec. 201. Office of Workers’ Compensation Programs. 

TITLE III—ADDITIONAL PROVISIONS 

Sec. 301. Technical and conforming amendments. 

Sec. 302. Severability. 

1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

3 (1) The Black Lung Benefits Act (30 U.S.C. 

4 901 et seq.) was enacted to provide health care and 

5 modest benefits to coal miners who develop pneumo6 coniosis (referred to in this section as ‘‘black lung 

7 disease’’) resulting from exposure to coal dust dur8 ing their employment. Yet, the determination of a 


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1 claimant’s eligibility for these benefits often requires 

2 complex, adversarial litigation. Resource disparities 

3 between coal companies and such claimants are 

4 widespread within the statutory and regulatory 

5 framework. Comprehensive reforms are necessary to 

6 ensure that coal miners and their survivors can get 

7 access to the workers compensation benefits they are 

8 entitled to receive and are not at a disadvantage 

9 when filing claims for benefits. 

10 (2) The Government Accountability Office has 

11 found that many claimants under the Black Lung 

12 Benefits Act are not equipped with the medical and 

13 legal resources necessary to develop evidence to meet 

14 the requirements for benefits. Without better options 

15 for legal representation, significant numbers of such 

16 claimants proceed with their claims through a com17 plex and potentially long administrative process 

18 without resources that Department of Labor officials 

19 and black lung disease experts note are important 

20 for developing evidence and supporting their claims. 

21 Only 42 percent of claimants are represented by an 

22 attorney during the initial claims determination. Ab23 sent efforts to remedy administrative problems and 

24 address structural weaknesses in the process for ob25 taining benefits, claimants with meritorious claims 


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1 will not receive benefits. Reforms are necessary to 

2 help miners and their survivors access legal rep3 resentation. 

4 (3) Contrary to the intent of Congress, benefits 

5 payments under the Black Lung Benefits Act do not 

6 automatically increase with the rising cost of living. 

7 Benefit payments are tied to the monthly pay rate 

8 for Federal employees in grade GS–2, step 1. In 

9 multiple fiscal years between 2010 and the enact10 ment of this Act, there was a pay freeze for Federal 

11 employees, which had the effect of eliminating cost12 of-living adjustments for miners, surviving spouses, 

13 and dependents under the Black Lung Benefits Act 

14 during such years. Reforms are needed to ensure 

15 that benefits are not eroded due to inflation and are 

16 brought up to date to keep up with the cost of liv17 ing. 

18 (4) Congress intended for coal companies to 

19 have primary responsibility for benefits due to black 

20 lung disease acquired by their workers. However, be21 cause many companies have self-insured their obliga22 tions without proper collateral available and subse23 quently defaulted on those obligations, too many 

24 former workers have had to rely on the public Black 

25 Lung Disability Trust Fund as a backstop. Reforms 


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1 are needed to ensure that companies are prepared to 

2 meet their primary responsibilities and that their 

3 plans for self-insurance are fiscally sound. 

4 (5) Black lung disease has been the underlying 

5 or contributing cause of death of more than 78,000 

6 miners since 1968. After decades of decline, the inci7 dence of coal miners with black lung disease is on 

8 the rise, recently reaching levels not seen in 25 

9 years. According to the National Institute for Occu10 pational Safety and Health, miners are developing 

11 advanced cases of the disease at younger ages. In re12 sponse, the Department of Labor took important 

13 steps to combat the disease, including promulgating 

14 a rule in 2014 that reduced the allowed concentra15 tion of coal dust and addressed weaknesses in the 

16 dust sampling system. Retrospective studies should 

17 be continued to determine whether revisions to the 

18 standards are necessary to eliminate the disease. 

19 The Mine Safety and Health Administration of the 

20 Department of Labor has made clear its intent to 

21 issue rules around respirable crystalline silica. In the 

22 interim, the Mine Safety and Health Administration 

23 launched an enforcement initiative to protect miners 

24 from the health hazards of respirable crystalline sili25 ca. Under this initiative, the Mine Safety and Health 


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1 Administration will conduct inspections on silica 

2 hazards and expand silica sampling at mines. The 

3 Mine Safety and Health Administration will also 

4 provide mine operators with compliance assistance 

5 and best practices to limit miners’ exposure to harm6 ful silica dust. 

7 TITLE I—BLACK LUNG BENEFITS 

8 PART A—IMPROVING THE PROCESS FOR FILING 

9 AND ADJUDICATING CLAIMS FOR BENEFITS 

10 SEC. 101. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN11 ERS AND THEIR DEPENDENT FAMILY MEM12 BERS. 

13 Section 427(a) of the Black Lung Benefits Act (30 

14 U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex15 amination, and treatment’’ and all that follows through 

16 ‘‘coal miners.’’ and inserting ‘‘the analysis, examination, 

17 and treatment of respiratory and pulmonary impairments 

18 in active and inactive coal miners and for assistance on 

19 behalf of miners, spouses, dependents, and other family 

20 members with claims arising under this title.’’. 

21 SEC. 102. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN22 EFITS. 

23 Section 411(c) of the Black Lung Benefits Act (30 

24 U.S.C. 921(c)) is amended by striking paragraph (3) and 

25 inserting the following: 


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1 ‘‘(3)(A) If x-ray, CT scan, biopsy, autopsy, or 

2 other medically accepted and relevant test or proce3 dure establishes that a miner is suffering or has suf4 fered from a chronic dust disease of the lung, diag5 nosed as complicated pneumoconiosis or progressive 

6 massive fibrosis (as determined in accordance with 

7 subparagraph (B)), then there shall be an 

8 irrebuttable presumption that such miner is totally 

9 disabled due to pneumoconiosis, that the miner’s 

10 death was due to pneumoconiosis, or that at the 

11 time of death the miner was totally disabled by 

12 pneumoconiosis, as the case may be. 

13 ‘‘(B) For purposes of subparagraph (A), com14 plicated pneumoconiosis or progressive massive fi15 brosis can be established by any of the following: 

16 ‘‘(i) A chest radiograph, which yields one 

17 or more large opacities whose greatest diameter 

18 exceeds 1 centimeter and would be classified in 

19 Category A, B, or C in the International Classi20 fication of Radiographs of Pneumoconioses by 

21 the International Labour Organization, in the 

22 absence of more probative evidence sufficient to 

23 establish that the etiology of the large opacity 

24 is not pneumoconiosis. 


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1 ‘‘(ii) A chest CT scan, which yields one or 

2 more large opacities whose greatest diameter 

3 exceeds 1 centimeter, in the absence of more 

4 probative evidence sufficient to establish that 

5 the etiology of the large opacity is not pneumo6 coniosis. 

7 ‘‘(iii) A lung biopsy or autopsy, which 

8 would yield a lesion at least 1 centimeter in its 

9 long axis diameter if measured at the time of 

10 gross dissection. 

11 ‘‘(iv) A diagnosis by other means that 

12 would reasonably be expected to yield results 

13 described in clause (i), (ii), or (iii).’’. 

14 SEC. 103. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

15 SECRETARY. 

16 Part C of the Black Lung Benefits Act (30 U.S.C. 

17 931 et seq.) is amended by adding at the end the fol18 lowing: 

19 ‘‘SEC. 435. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

20 SECRETARY. 

21 ‘‘(a) COMPLETE PULMONARY EVALUATION.—Upon 

22 request by a claimant for benefits under this title, the Sec23 retary shall provide the claimant an opportunity to sub24 stantiate the claim through a complete pulmonary evalua25 tion of the miner that shall include— 


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1 ‘‘(1) an initial report, conducted by a qualified 

2 physician on the list provided under subsection (e), 

3 and in accordance with subsection (e)(5) and sec4 tions 402(f)(1)(D) and 413(b); and 

5 ‘‘(2) if the conditions under subsection (c) are 

6 met, any supplemental medical evidence described in 

7 subsection (d). 

8 ‘‘(b) AUTHORIZING CHEST SCANS.—In diagnosing 

9 whether there is complicated pneumoconiosis as a part of 

10 the complete pulmonary evaluation conducted under sub11 section (a), the Secretary shall authorize a high-quality, 

12 low-dose or standard computerized tomography scan 

13 where any or a combination of the following is found: 

14 ‘‘(1) Any certified B reader of a chest 

15 radiograph associated with an exam conducted under 

16 section 413(b) finds pneumoconiosis (ILO category 

17 2/1 or greater). 

18 ‘‘(2) Any certified B reader of a chest 

19 radiograph associated with an exam conducted under 

20 section 413(b) finds a coalescence of small opacities. 

21 ‘‘(c) CONDITIONS FOR SUPPLEMENTAL MEDICAL

22 EVIDENCE.—The Secretary shall develop supplemental 

23 medical evidence, in accordance with subsection (d)— 

24 ‘‘(1) for any claim in which the Secretary rec25 ommends an award of benefits based on the results 


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1 of the initial report under subsection (a)(1) and a 

2 party opposing such award submits evidence that 

3 could be considered contrary to the findings of the 

4 Secretary; and 

5 ‘‘(2) for any compensation case under this title 

6 heard by an administrative law judge, in which— 

7 ‘‘(A) the Secretary has awarded benefits to 

8 the claimant; 

9 ‘‘(B) the party opposing such award has 

10 submitted evidence not previously reviewed that 

11 could be considered contrary to the award 

12 under subparagraph (A); and 

13 ‘‘(C) the claimant or, if the claimant is 

14 represented by an attorney, the claimant’s at15 torney consents to the Secretary developing 

16 supplemental medical evidence. 

17 ‘‘(d) PROCESS FOR SUPPLEMENTAL MEDICAL EVI18 DENCE.— 

19 ‘‘(1) IN GENERAL.—Except as provided under 

20 paragraph (2), to develop supplemental medical evi21 dence under conditions described in subsection (c), 

22 the Secretary shall request the physician who con23 ducted the initial report under subsection (a)(1) 

24 to— 


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1 ‘‘(A) review any medical evidence sub2 mitted after such report or the most recent sup3 plemental report, as appropriate; and 

4 ‘‘(B) update his or her opinion in a supple5 mental report. 

6 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi7 cian is no longer available or is unwilling to provide 

8 supplemental medical evidence under paragraph (1), 

9 the Secretary shall select another qualified physician 

10 from the list provided pursuant to subsection (e) to 

11 provide such evidence. 

12 ‘‘(e) QUALIFIED PHYSICIANS FOR COMPLETE PUL13 MONARY EVALUATION AND PROTECTIONS FOR SUIT14 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

15 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec16 retary shall create and maintain a list of qualified 

17 physicians to be selected by a claimant to perform 

18 the complete pulmonary evaluation described in sub19 section (a). 

20 ‘‘(2) PUBLIC AVAILABILITY.—The Secretary 

21 shall make the list under this subsection available to 

22 the public. 

23 ‘‘(3) ANNUAL EVALUATION.—Each year, the 

24 Secretary shall update such list by reviewing the 


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1 suitability of the listed qualified physicians and as2 sessing any potential conflicts of interest. 

3 ‘‘(4) CRITERIA FOR SUITABILITY.—The Sec4 retary shall include on the list under this subsection 

5 only those physicians whom the Secretary deter6 mines are qualified, capable, and willing to provide 

7 credible opinions consistent with the premises under8 lying this Act. In determining whether a physician 

9 is suitable to be on such list, the Secretary shall con10 sult the National Practitioner Data Bank of the De11 partment of Health and Human Services and assess 

12 reports of adverse licensure, certifications, hospital 

13 privilege, and professional society actions involving 

14 the physician. In no case shall such list include any 

15 physician— 

16 ‘‘(A) who is not licensed to practice medi17 cine in any State or any territory, common18 wealth, or possession of the United States; 

19 ‘‘(B) whose license is revoked by a medical 

20 licensing board of any State, territory, common21 wealth, or possession of the United States; or 

22 ‘‘(C) whose license is suspended by a med23 ical licensing board of any State, territory, com24 monwealth, or possession of the United States. 


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1 ‘‘(5) CONFLICTS OF INTEREST.—The Secretary 

2 shall develop and implement policies and procedures 

3 to ensure that any actual or potential conflict of in4 terest of qualified physicians on the list under this 

5 subsection, including both individual and organiza6 tional conflicts of interest, are disclosed to the De7 partment, and to provide such disclosure to claim8 ants. Such policies and procedures shall provide that 

9 a physician shall not be used to perform a complete 

10 pulmonary medical evaluation under subsection (a) 

11 that is reimbursed pursuant to subsection (g), if— 

12 ‘‘(A) such physician is employed by, under 

13 contract to, or otherwise providing services to a 

14 private party opposing the claim, a law firm or 

15 lawyer representing such opposing party, or an 

16 interested insurer or other interested third 

17 party; or 

18 ‘‘(B) such physician has been retained by 

19 a private party opposing the claim, a law firm 

20 or lawyer representing such opposing party, or 

21 an interested insurer or other interested third 

22 party in the previous 24 months. 

23 ‘‘(f) RECORD.—Upon receipt of any initial report or 

24 supplemental report under this section, the Secretary shall 


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1 enter the report in the record and provide a copy of such 

2 report to all parties to the proceeding. 

3 ‘‘(g) EXPENSES.—All expenses related to obtaining 

4 the medical evidence under this section shall be paid for 

5 by the fund. If a claimant receives a final award of bene6 fits, the operator liable for payment of benefits, if any, 

7 shall reimburse the fund for such expenses, which shall 

8 include interest.’’. 

9 SEC. 104. FALSE STATEMENTS OR MISREPRESENTATIONS, 

10 ATTORNEY DISQUALIFICATION, AND DIS11 COVERY SANCTIONS. 

12 Section 431 of the Black Lung Benefits Act (30 

13 U.S.C. 941) is amended to read as follows: 

14 ‘‘SEC. 431. FALSE STATEMENTS OR MISREPRESENTATIONS, 

15 ATTORNEY DISQUALIFICATION, AND DIS16 COVERY SANCTIONS. 

17 ‘‘(a) IN GENERAL.—No person, including any claim18 ant, physician, operator, duly authorized agent of such op19 erator, or employee of an insurance carrier, shall— 

20 ‘‘(1) knowingly and willfully make a false state21 ment or misrepresentation for the purpose of obtain22 ing, increasing, reducing, denying, or terminating 

23 benefits under this title; or 

24 ‘‘(2) knowingly and willfully threaten, coerce, 

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1 tive, witness, potential witness, judge, or anyone par2 ticipating in a proceeding regarding any matter re3 lated to a proceeding under this title. 

4 ‘‘(b) FINE; IMPRISONMENT.—Any person who en5 gages in the conduct described in subsection (a) shall, 

6 upon conviction, be subject to a fine in accordance with 

7 title 18, United States Code, imprisoned for not more than 

8 5 years, or both. 

9 ‘‘(c) PROMPT INVESTIGATION.—The United States 

10 Attorney for the district in which the conduct described 

11 in subsection (a) is alleged to have occurred shall make 

12 every reasonable effort to promptly investigate each com13 plaint of a violation of such subsection. 

14 ‘‘(d) DISQUALIFICATION.— 

15 ‘‘(1) IN GENERAL.—An attorney or expert wit16 ness who engages in the conduct described in sub17 section (a) shall, in addition to the fine or imprison18 ment provided under subsection (b), be permanently 

19 disqualified from representing any party, or appear20 ing in any proceeding, under this title. 

21 ‘‘(2) ATTORNEY DISQUALIFICATION.—In addi22 tion to the disqualification described in paragraph 

23 (1), the Secretary may disqualify an attorney from 

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1 ceeding under this title for either a limited term or 

2 permanently, if the attorney— 

3 ‘‘(A) engages in any action or behavior 

4 that is prejudicial to the fair and orderly con5 duct of such proceeding; or 

6 ‘‘(B) is suspended or disbarred by any 

7 court of the United States, any State, or any 

8 territory, commonwealth, or possession of the 

9 United States with jurisdiction over the pro10 ceeding. 

11 ‘‘(e) DISCOVERY SANCTIONS.—An administrative law 

12 judge may sanction a party who fails to comply with an 

13 order to compel discovery or disclosure, or to supplement 

14 earlier responses, in a proceeding under this title. These 

15 sanctions may include, as appropriate— 

16 ‘‘(1) drawing an adverse inference against the 

17 noncomplying party on the facts relevant to the dis18 covery or disclosure order; 

19 ‘‘(2) limiting the noncomplying party’s claims, 

20 defenses, or right to introduce evidence; and 

21 ‘‘(3) rendering a default decision against the 

22 noncomplying party. 

23 ‘‘(f) REGULATIONS.—The Secretary shall promulgate 

24 a proposed rule not later than 180 days after the date 


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1 of enactment of this Act and a final rule not later than 

2 18 months after such date of enactment, that— 

3 ‘‘(1) provides procedures for the disqualifica4 tions and sanctions under this section and is appro5 priate for all parties; and 

6 ‘‘(2) distinguishes between parties that are rep7 resented by an attorney and parties that are not 

8 represented by an attorney.’’. 

9 SEC. 105. READJUDICATING CASES INVOLVING CERTAIN 

10 CHEST RADIOGRAPHS. 

11 Part C of the Black Lung Benefits Act (30 U.S.C. 

12 931 et seq.), as amended by section 103, is further amend13 ed by adding at the end the following: 

14 ‘‘SEC. 436. READJUDICATING CASES INVOLVING DISCRED15 ITED EXPERT OPINIONS. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) COVERED CHEST RADIOGRAPH.—The term 

18 ‘covered chest radiograph’ means a chest radiograph 

19 that was interpreted as negative for simple pneumo20 coniosis, complicated pneumoconiosis, or progressive 

21 massive fibrosis by a physician with respect to whom 

22 the Secretary has directed, in writing and after an 

23 evaluation by the Secretary, that such physician’s 

24 negative interpretations of chest radiographs not be 

25 credited, except where subsequently determined to be 


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1 credible by the Secretary in evaluating a claim for 

2 benefits under this title. 

3 ‘‘(2) COVERED INDIVIDUAL.—The term ‘cov4 ered individual’ means an individual whose record 

5 for a claim for benefits under this title includes a 

6 covered chest radiograph. 

7 ‘‘(3) COVERED SURVIVOR.—The term ‘covered 

8 survivor’ means an individual who— 

9 ‘‘(A) is a survivor of a covered individual 

10 whose claim under this Act was still pending at 

11 the time of the covered individual’s death; and 

12 ‘‘(B) continued to seek an award with re13 spect to the covered individual’s claim after the 

14 covered individual’s death. 

15 ‘‘(b) CLAIMS.—A covered individual or a covered sur16 vivor whose claim for benefits under this title was denied 

17 may file a new claim for benefits under this title. 

18 ‘‘(c) ADJUDICATION ON THE MERITS.— 

19 ‘‘(1) IN GENERAL.—Any new claim filed under 

20 subsection (b) shall be adjudicated on the merits and 

21 shall not include consideration of a covered chest 

22 radiograph. 

23 ‘‘(2) COVERED SURVIVOR.—Any new claim filed 

24 under subsection (b) by a covered survivor shall be 

25 adjudicated as either a miner’s or a survivor’s claim 


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1 depending upon the type of claim pending at the 

2 time of the covered individual’s death. 

3 ‘‘(d) TIME OF PAYMENT.— 

4 ‘‘(1) MINER’S CLAIM.—If a claim, filed under 

5 subsection (b) and adjudicated under subsection (c) 

6 as a miner’s claim, results in an award of benefits, 

7 benefits shall be payable beginning with the month 

8 of the filing of the denied claim that had included 

9 in its record a covered chest radiograph. 

10 ‘‘(2) SURVIVOR’S CLAIM.—If a claim, filed 

11 under subsection (b) and adjudicated under sub12 section (c) as a survivor’s claim, results in an award 

13 of benefits, benefits shall be payable beginning with 

14 the month of the miner’s death. 

15 ‘‘(e) CONTRIBUTING IMPACT.—The Secretary shall 

16 have the discretion to deny a new claim under subsection 

17 (b) in circumstances where the party opposing such claim 

18 establishes through clear and convincing evidence that a 

19 covered chest radiograph did not contribute to the decision 

20 to deny benefits in all prior claims filed by the covered 

21 individual or the covered survivor. 

22 ‘‘(f) LIMITATION ON FILING OF NEW CLAIMS.—A 

23 new claim for benefits may be filed under subsection (b) 

24 only if the original claim was finally denied by a district 

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1 view Board established under section 21(b) of the 

2 Longshore and Harbor Workers’ Compensation Act (33 

3 U.S.C. 921(b)).’’. 

4 SEC. 106. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY5 MENT PROGRAM. 

6 Part A of the Black Lung Benefits Act (30 U.S.C. 

7 901 et seq.) is amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 403. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY10 MENT PROGRAM. 

11 ‘‘(a) PROGRAM ESTABLISHED.— 

12 ‘‘(1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of the Black Lung Bene14 fits Improvement Act of 2022, the Secretary shall 

15 establish a payment program to pay attorneys’ fees 

16 and other reasonable and unreimbursed medical ex17 penses incurred in establishing the claimant’s case, 

18 using amounts from the fund, to the attorneys of 

19 claimants in qualifying claims. 

20 ‘‘(2) QUALIFYING CLAIM.—A qualifying claim 

21 for purposes of this section is a contested claim for 

22 benefits under this title for which a final order has 

23 not been entered within 2 years of the filing of the 

24 claim. 


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1 ‘‘(3) USE OF PAYMENTS FROM THE FUND.— 

2 Notwithstanding any other provision of law, 

3 amounts in the fund shall be available for payments 

4 authorized by the Secretary under this section. 

5 ‘‘(b) PAYMENTS AUTHORIZED.— 

6 ‘‘(1) ATTORNEYS’ FEES.—If a claimant for ben7 efits under this title obtains a proposed decision and 

8 order from a district director with an award of bene9 fits for a qualifying claim, or an award for a quali10 fying claim before an administrative law judge, the 

11 district director may approve attorneys’ fees for 

12 work done before such director in an amount not to 

13 exceed $1,500 and an administrative law judge may 

14 approve attorneys’ fees for work done before such 

15 judge in an amount not to exceed $3,000. The Sec16 retary shall, through the program under this section, 

17 pay such amounts approved. 

18 ‘‘(2) MEDICAL EXPENSES.—If a claimant for 

19 benefits under this title obtains a proposed decision 

20 and order from a district director with an award of 

21 benefits for a qualifying claim, or an award for a 

22 qualifying claim before an administrative law judge, 

23 such district director and administrative law judge 

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1 penses incurred in establishing the claimant’s case in 

2 an amount not to exceed $1,500. The Secretary 

3 shall, through the program under this section, pay 

4 such amounts approved. 

5 ‘‘(3) MAXIMUM.—The Secretary, through the 

6 program established under this section, shall for any 

7 single qualifying claim pay— 

8 ‘‘(A) not more than a total of $4,500 in at9 torneys’ fees; and 

10 ‘‘(B) not more than $3,000 in medical ex11 penses. 

12 ‘‘(c) REIMBURSEMENT OF FUNDS.—In any case in 

13 which a qualifying claim results in a final order awarding 

14 compensation, the liable operator shall reimburse the fund 

15 for any fees or expenses paid under this section, subject 

16 to enforcement by the Secretary under section 424 and 

17 in the same manner as compensation orders are enforced 

18 under section 21(d) of the Longshore and Harbor Work19 ers’ Compensation Act (33 U.S.C. 921(d)). 

20 ‘‘(d) ADDITIONAL PROGRAM RULES.—Nothing in 

21 this section shall limit or otherwise affect an operator’s 

22 liability for any attorneys’ fees, medical expenses, or other 

23 allowable and unreimbursed expenses awarded by the dis24 trict director or an administrative law judge that were not 

25 paid by the program under this section. Nothing in this 


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1 section shall limit or otherwise affect the Secretary’s au2 thority to use amounts in the fund to pay approved attor3 neys’ fees and other allowable and unreimbursed expenses 

4 in claims for benefits under this title for which a final 

5 order awarding compensation has been entered and the 

6 operator is unable or refuses to pay. 

7 ‘‘(e) NO RECOUPMENT.—Any payment for attorneys’ 

8 fees or medical expenses made by the Secretary under this 

9 section shall not be recouped from the claimant or the 

10 claimant’s attorney.’’. 

11 SEC. 107. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

12 FOR MINERS SUFFERING FROM BLACK LUNG 

13 DISEASE AND FOR THEIR DEPENDENT FAM14 ILY MEMBERS. 

15 Section 412(a) of the Black Lung Benefits Act (30 

16 U.S.C. 922(a)) is amended by striking paragraph (1) and 

17 inserting the following: 

18 ‘‘(1) In the case of total disability of a miner 

19 due to pneumoconiosis, the disabled miner shall be 

20 paid benefits during the disability— 

21 ‘‘(A) for any calendar year preceding January 1, 2022, at a rate equal to 371 22 ⁄2 percent 

23 of the monthly pay rate for Federal employees 

24 in grade GS–2, step 1; 


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1 ‘‘(B) for the calendar year beginning on 

2 January 1, 2022, at a rate of $8,834.01 per 

3 year, payable in 12 equal monthly payments; 

4 and 

5 ‘‘(C) for each calendar year thereafter, at 

6 a rate equal to the product of the rate in effect 

7 under this paragraph for the calendar year im8 mediately preceding such calendar year multi9 plied by the ratio (not less than 1) of— 

10 ‘‘(i) the Consumer Price Index for 

11 Urban Wage Earners and Clerical Work12 ers, as published by the Bureau of Labor 

13 Statistics, for the calendar year imme14 diately preceding such calendar year; to 

15 ‘‘(ii) such Consumer Price Index for 

16 the second calendar year preceding such 

17 calendar year.’’. 

18 SEC. 108. DISCLOSURE OF EMPLOYMENT AND EARNINGS 

19 INFORMATION FOR BLACK LUNG BENEFITS 

20 CLAIMS. 

21 (a) TAX RETURN INFORMATION.— 

22 (1) IN GENERAL.—Section 6103(l) of the Inter23 nal Revenue Code of 1986 is amended by adding at 

24 the end the following new paragraph: 


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1 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

2 TO DEPARTMENT OF LABOR TO CARRY OUT BLACK

3 LUNG BENEFITS ACT.— 

4 ‘‘(A) IN GENERAL.—The Commissioner of 

5 Social Security shall, on written request with 

6 respect to any individual, disclose to officers or 

7 employees of the Department of Labor return 

8 information from returns with respect to net 

9 earnings from self-employment (as defined in 

10 section 1402) and wages (as defined in section 

11 3121(a) or 3401(a)) for employment for each 

12 employer of such individual. 

13 ‘‘(B) RESTRICTION ON DISCLOSURE.—The 

14 Commissioner of Social Security shall disclose 

15 return information under subparagraph (A) 

16 only for purposes of, and the extent necessary 

17 in, carrying out the proper administration of 

18 the Black Lung Benefits Act (30 U.S.C. 901 et 

19 seq.).’’. 

20 (2) CONFORMING AMENDMENTS.—Section 

21 6103(p)(4) of such Code is amended— 

22 (A) in the matter preceding subparagraph 

23 (A), by striking ‘‘or (22)’’ and inserting ‘‘(22), 

24 or (23)’’; and 


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1 (B) in subparagraph (F)(ii), by striking 

2 ‘‘or (22),’’ and inserting ‘‘(22), or (23)’’. 

3 (b) SOCIAL SECURITY EARNINGS INFORMATION.— 

4 Notwithstanding section 552a of title 5, United States 

5 Code, or any other provision of Federal or State law, the 

6 Commissioner of Social Security shall make available to 

7 the officers and employees of the Department of Labor, 

8 upon written request, the Social Security earnings infor9 mation of living or deceased individuals who are the sub10 ject of a claim under the Black Lung Benefits Act (30 

11 U.S.C. 901 et seq.), which the Secretary of Labor may 

12 require to carry out such Act. Such information shall be 

13 made available in electronic form. 

14 PART B—REPORTS TO IMPROVE THE ADMINIS15 TRATION OF BENEFITS UNDER THE BLACK 

16 LUNG BENEFITS ACT 

17 SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICA18 TION. 

19 (a) IN GENERAL.—Not later than 90 days after the 

20 date of enactment of this Act, the Secretary of Labor shall 

21 submit to the Committee on Health, Education, Labor, 

22 and Pensions and the Committee on Appropriations of the 

23 Senate and the Committee on Education and Labor and 

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1 log of cases pending on such date of enactment before the 

2 Office of Administrative Law Judges of the Department 

3 of Labor. 

4 (b) CONTENTS OF STRATEGY.—The strategy under 

5 this section shall provide information relating to— 

6 (1) the current and targeted pendency for each 

7 category of cases before the Office of Administrative 

8 Law Judges of the Department of Labor; 

9 (2) the number of administrative law judges, 

10 attorney advisors supporting such judges, support 

11 staff, and other resources necessary to achieve and 

12 maintain the targeted pendency for each category of 

13 such cases; 

14 (3) the necessary resources to improve effi15 ciency and effectiveness, such as equipment for video 

16 conferences, training, use of reemployed annuitants, 

17 and administrative reforms; and 

18 (4) with respect to claims filed under the Black 

19 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec20 essary resources needed to reduce the average pend21 ency of cases to less than 12 months from the date 

22 of receipt of the case to the date of disposition of 

23 such case. 


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1 PART C—IMPROVEMENT IN THE FINANCIAL SE2 CURITY OF THE BLACK LUNG BENEFITS DIS3 ABILITY TRUST FUND 

4 SEC. 131. POLICIES FOR SECURING THE PAYMENT OF BEN5 EFITS. 

6 (a) IN GENERAL.— 

7 (1) INTERIM RULE.—Not later than 60 days 

8 after the date of enactment of this Act, the Sec9 retary shall publish an interim final rule setting 

10 forth the requirements for an operator of a coal 

11 mine to qualify as a self-insurer with respect to any 

12 portion of the operator’s liabilities under the Black 

13 Lung Benefits Act, as described in section 423(a)(1) 

14 of such Act (30 U.S.C. 933(a)(1)). 

15 (2) FINAL RULE.—Not later than 12 months 

16 after the date of enactment of this Act, the Sec17 retary shall promulgate a final rule setting forth the 

18 requirements for an operator of a coal mine to qual19 ify as a self-insurer with respect to any portion of 

20 the operator’s liabilities under the Black Lung Bene21 fits Act, as described in section 423(a)(1) of such 

22 Act (30 U.S.C. 933(a)(1)). 

23 (3) CONTENTS.—Any rule under this subsection 

24 shall— 

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1 worthiness, long-term enterprise viability, and 

2 other liabilities), on which the eligibility of the 

3 operator to seek and maintain qualification as 

4 a self-insurer shall be determined; 

5 (B) establish procedures to determine on 

6 an annual basis (or more frequently, as deter7 mined necessary by the Secretary) the min8 imum amount of security sufficient to insure 

9 current (as of the date of the determination) 

10 and projected liabilities; and 

11 (C) establish procedures for review by the 

12 Secretary of operator appeals of determinations 

13 described in subparagraphs (A) and (B). 

14 (b) PENALTIES.— 

15 (1) IN GENERAL.—Section 423(d)(1) of the 

16 Black Lung Benefits Act (30 U.S.C. 933(d)(1)) is 

17 amended— 

18 (A) by striking ‘‘$1,000’’ and inserting 

19 ‘‘$25,000’’; 

20 (B) by inserting ‘‘chief executive officer, 

21 chief operating officer,’’ after the word ‘‘presi22 dent,’’ each place it appears; 

23 (C) by striking ‘‘and treasurer’’ each place 

24 it appears and inserting ‘‘treasurer, and other 

25 responsible party’’; and 


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1 (D) by striking ‘‘for any benefit’’ and all 

2 that follows through ‘‘this section.’’ and insert3 ing ‘‘for— 

4 ‘‘(A) any benefit which may accrue under this 

5 title in respect to any disability which may occur to 

6 any employee of such corporation while it shall so 

7 fail to secure the payment of benefits as required by 

8 this section; or 

9 ‘‘(B) in the event of bankruptcy or other per10 manent abandonment of the obligation to secure the 

11 payment of benefits, the difference between the actu12 arial present value of the benefits to be paid by the 

13 fund under section 424(b)(1), projected as of the 

14 date of failure to secure such payment, and any se15 curity recovered or surrendered, with interest.’’. 

16 (2) OTHER RESPONSIBLE PARTY DEFINED.— 

17 Section 402 of the Black Lung Benefits Act (30 

18 U.S.C. 902) is amended by adding at the end the 

19 following: 

20 ‘‘(j) The term ‘other responsible party’ means— 

21 ‘‘(1) an individual, partnership, joint venture, 

22 corporation, mutual company, joint-stock company, 

23 trust, estate, unincorporated organization, associa24 tion, or other enterprise that possesses, directly or 

25 indirectly, the power to direct or cause the direction 


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1 of the management and policies of an operator or 

2 employer; or 

3 ‘‘(2) any trade or business (whether or not in4 corporated) that is under common control with an 

5 operator or employer.’’. 

6 TITLE II—ESTABLISHING THE 

7 OFFICE OF WORKERS’ COM8 PENSATION PROGRAMS 

9 SEC. 201. OFFICE OF WORKERS’ COMPENSATION PRO10 GRAMS. 

11 (a) ESTABLISHMENT.—There shall be established, in 

12 the Department of Labor, an Office of Workers’ Com13 pensation Programs (referred to in this section as the ‘‘Of14 fice’’). 

15 (b) DIRECTOR.— 

16 (1) IN GENERAL.—The Office shall be directed 

17 by a Director for the Office of Workers’ Compensa18 tion (referred to in this section as the ‘‘Director’’) 

19 who shall be appointed by the President, by and 

20 with the advice and consent of the Senate. 

21 (2) DUTIES.—The Director shall carry out all 

22 duties carried out by the Director for the Office of 

23 Workers’ Compensation as of the day before the 

24 date of enactment of this Act. 


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1 (c) FUNCTIONS.—The functions of the Office on and 

2 after the date of enactment of this Act shall include the 

3 functions of the Office on the day before the date of enact4 ment of this Act, including all of its personnel, assets, au5 thorities, and liabilities. 

6 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM7 PENSATION.—Reference in any other Federal law, Execu8 tive order, reorganization plan, rule, regulation, or delega9 tion of authority, or any document of or relating to the 

10 Bureau of Employees’ Compensation with regard to func11 tions carried out by the Office of Workers’ Compensation 

12 Programs, shall be deemed to refer to the Office of Work13 ers’ Compensation Programs. 

14 TITLE III—ADDITIONAL 

15 PROVISIONS 

16 SEC. 301. TECHNICAL AND CONFORMING AMENDMENTS. 

17 The Black Lung Benefits Act (30 U.S.C. 901 et seq.) 

18 is amended— 

19 (1) in section 401(a) (30 U.S.C. 901(a)), by in20 serting ‘‘or who were found to be totally disabled by 

21 such disease’’ after ‘‘such disease’’; 

22 (2) in section 402 (30 U.S.C. 902)— 

23 (A) in subsection (a), by striking para24 graph (2) and inserting the following: 


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1 ‘‘(2) a spouse who is a member of the same 

2 household as the miner, or is receiving regular con3 tributions from the miner for support, or whose 

4 spouse is a miner who has been ordered by a court 

5 to contribute to support, or who meets the require6 ments of paragraph (1) or (2) of section 216(b) of 

7 the Social Security Act or paragraph (1) or (2) of 

8 section 216(f) of such Act. An individual is the 

9 ‘spouse’ of a miner when such individual is legally 

10 married to the miner under the laws of the State 

11 where the marriage was celebrated. The term 

12 ‘spouse’ also includes a ‘divorced wife’ or ‘divorced 

13 husband’, as such terms are defined in paragraph 

14 (1) or (4) of section 216(d) of such Act, who is re15 ceiving at least one-half of his or her support, as de16 termined in accordance with regulations prescribed 

17 by the Secretary, from the miner, or is receiving 

18 substantial contributions from the miner (pursuant 

19 to a written agreement), or there is in effect a court 

20 order for substantial contributions to the spouse’s 

21 support from such miner.’’; 

22 (B) by striking subsection (e) and insert23 ing the following: 

24 ‘‘(e) The term ‘surviving spouse’ includes the spouse 

25 living with or dependent for support on the miner at the 


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•S 4511 IS

1 time of the miner’s death, or living apart for reasonable 

2 cause or because of the miner’s desertion, or who meets 

3 the requirements of subparagraph (A), (B), (C), (D), or 

4 (E) of section 216(c)(1) of the Social Security Act, sub5 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

6 of such Act, or section 216(k) of such Act, who is not 

7 married. An individual is the ‘surviving spouse’ of a miner 

8 when legally married at the time of the miner’s death 

9 under the laws of the State where the marriage was cele10 brated. Such term also includes a ‘surviving divorced wife’ 

11 or ‘surviving divorced husband’, as such terms are defined 

12 in paragraph (2) or (5) of section 216(d) of such Act who 

13 for the month preceding the month in which the miner 

14 died, was receiving at least one-half of his or her support, 

15 as determined in accordance with regulations prescribed 

16 by the Secretary, from the miner, or was receiving sub17 stantial contributions from the miner (pursuant to a writ18 ten agreement) or there was in effect a court order for 

19 substantial contributions to the spouse’s support from the 

20 miner at the time of the miner’s death.’’; 

21 (C) in subsection (f)(2)— 

22 (i) in subparagraph (A), by inserting 

23 ‘‘, as in effect on the day before the date 

24 of enactment of the Black Lung Consolida25 tion of Administrative Responsibility Act 


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1 (Public Law 107–275)’’ after ‘‘section 

2 435(a)’’; and 

3 (ii) in subparagraph (B), by inserting 

4 ‘‘, as in effect on the day before the date 

5 of enactment of the Black Lung Consolida6 tion of Administrative Responsibility Act 

7 (Public Law 107–275)’’ after ‘‘section 

8 435(b)’’; 

9 (D) in subsection (g)— 

10 (i) in paragraph (2)(B)(ii), by striking 

11 ‘‘he ceased’’ and inserting ‘‘the individual 

12 ceased’’; and 

13 (ii) in the matter following paragraph 

14 (2)(C), by striking ‘‘widow’’ each place it 

15 appears and inserting ‘‘surviving spouse’’; 

16 (E) in subsection (h), by striking ‘‘Internal 

17 Revenue Code of 1954’’ and inserting ‘‘Internal 

18 Revenue Code of 1986’’; and 

19 (F) in subsection (i), by striking ‘‘Internal 

20 Revenue Code of 1954’’ and inserting ‘‘Internal 

21 Revenue Code of 1986’’; 

22 (3) in section 411 (30 U.S.C. 921)— 

23 (A) by striking subsection (a) and insert24 ing the following: 


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1 ‘‘(a) The Secretary shall, in accordance with the pro2 visions of this title, and the regulations promulgated by 

3 the Secretary under this title, make payments of benefits 

4 in respect of— 

5 ‘‘(1) total disability of any miner due to pneu6 moconiosis; 

7 ‘‘(2) the death of any miner whose death was 

8 due to pneumoconiosis; 

9 ‘‘(3) total disability of any miner at the time of 

10 the miner’s death with respect to a claim filed under 

11 part C prior to January 1, 1982; 

12 ‘‘(4) survivors’ benefits for any survivor’s claim 

13 filed after January 1, 2005, that is pending on or 

14 after March 23, 2010, where the miner is found en15 titled to receive benefits on a claim filed under part 

16 C; and 

17 ‘‘(5) survivors’ benefits where the miner is 

18 found entitled to receive benefits on a claim filed 

19 under part C before January 1, 1982.’’; and 

20 (B) in subsection (c)— 

21 (i) in paragraph (1), by striking ‘‘his 

22 pneumoconiosis’’ and inserting ‘‘the min23 er’s pneumoconiosis’’; and 

24 (ii) in paragraph (2), by striking ‘‘his 

25 death’’ and inserting ‘‘the miner’s death’’; 


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1 (4) in section 412 (30 U.S.C. 922)— 

2 (A) in subsection (a)— 

3 (i) by striking paragraph (2) and in4 serting the following: 

5 ‘‘(2) In the case of a surviving spouse— 

6 ‘‘(A) of a miner whose death is due to pneumo7 coniosis; 

8 ‘‘(B) in a claim filed after January 1, 2005, 

9 and that is pending on or after March 23, 2010, of 

10 a miner who is found entitled to receive benefits on 

11 a claim filed under part C; 

12 ‘‘(C) of a miner who is found entitled to receive 

13 benefits on a claim filed under part C before Janu14 ary 1, 1982; or 

15 ‘‘(D) in a claim filed under part C before Janu16 ary 1, 1982, of a miner who was totally disabled by 

17 pneumoconiosis at the time of the miner’s death, 

18 benefits shall be paid to the miner’s surviving spouse at 

19 the rate the deceased miner would receive such benefits 

20 if the miner were totally disabled.’’; 

21 (ii) in paragraph (3)— 

22 (I) by striking ‘‘(3) In the case’’ 

23 and all that follows through ‘‘section 

24 411(c)’’ and inserting the following: 

25 ‘‘(3)(A) In the case of the child or 


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1 children of a miner described in sub2 paragraph (B)’’; 

3 (II) by striking ‘‘he’’ each place 

4 it appears and inserting ‘‘the child’’; 

5 (III) by striking ‘‘widow’’ each 

6 place it appears and inserting ‘‘sur7 viving spouse’’; and 

8 (IV) by adding at the end the fol9 lowing: 

10 ‘‘(B) Subparagraph (A) shall apply in the case of any 

11 child or children— 

12 ‘‘(i) of a miner whose death is due to pneumo13 coniosis; 

14 ‘‘(ii) in a claim filed after January 1, 2005, 

15 that is pending on or after March 23, 2010, of a 

16 miner who is found entitled to receive benefits on a 

17 claim filed under part C; 

18 ‘‘(iii) of a miner who is found entitled to receive 

19 benefits on a claim filed under part C before Janu20 ary 1, 1982; 

21 ‘‘(iv) in a claim filed under part C before Janu22 ary 1, 1982, of a miner who was totally disabled by 

23 pneumoconiosis at the time of the miner’s death; 


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1 ‘‘(v) of a surviving spouse who is found entitled 

2 to receive benefits under this part at the time of the 

3 surviving spouse’s death; or 

4 ‘‘(vi) entitled to the payment of benefits under 

5 paragraph (5) of section 411(c).’’; 

6 (iii) in paragraph (5)— 

7 (I) by striking the first sentence 

8 and inserting the following: ‘‘In the 

9 case of the dependent parent or par10 ents of a miner who is not survived at 

11 the time of death by a surviving 

12 spouse or a child and (i) whose death 

13 is due to pneumoconiosis, (ii) in a 

14 claim filed after January 1, 2005, 

15 that is pending on or after March 23, 

16 2010, who is found entitled to receive 

17 benefits on a claim filed under part C, 

18 (iii) who is found entitled to receive 

19 benefits on a claim filed under part C 

20 before January 1, 1982, or (iv) in a 

21 claim filed under part C before Janu22 ary 1, 1982, who was totally disabled 

23 by pneumoconiosis at the time of the 

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1 ter(s) of such a miner who is not sur2 vived at the time of the miner’s death 

3 by a surviving spouse, child, or par4 ent; in the case of the dependent par5 ent or parents of such a miner (who 

6 is not survived at the time of the min7 er’s death by a surviving spouse or 

8 child) who are entitled to the payment 

9 of benefits under paragraph (5) of 

10 section 411(c); or in the case of the 

11 dependent surviving brother(s) or sis12 ter(s) of such a miner (who is not sur13 vived at the time of the miner’s death 

14 by a surviving spouse, child, or par15 ent) who are entitled to the payment 

16 of benefits under paragraph (5) of 

17 section 411(c), benefits shall be paid 

18 under this part to such parent(s), or 

19 to such brother(s) or sister(s), at the 

20 rate specified in paragraph (3) (as if 

21 such parent(s), or such brother(s) or 

22 sister(s), were the children of such 

23 miner).’’; and 

24 (II) in the fourth sentence— 


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1 (aa) by striking ‘‘brother 

2 only if he’’ and inserting ‘‘broth3 er or sister only if the brother or 

4 sister’’; and 

5 (bb) by striking ‘‘before he 

6 ceased’’ and inserting ‘‘before the 

7 brother or sister ceased’’; and 

8 (iv) in paragraph (6), by striking 

9 ‘‘prescribed by him’’ and inserting ‘‘pre10 scribed by the Secretary’’; 

11 (B) in subsection (b)— 

12 (i) by striking ‘‘his’’ each place it ap13 pears and inserting ‘‘such miner’s’’; and 

14 (ii) by striking ‘‘widow’’ each place it 

15 appears and inserting ‘‘surviving spouse’’; 

16 and 

17 (C) in subsection (c), by striking ‘‘Internal 

18 Revenue Code of 1954’’ and inserting ‘‘Internal 

19 Revenue Code of 1986’’; 

20 (5) in section 413 (30 U.S.C. 923)— 

21 (A) in subsection (b)— 

22 (i) in the second sentence, by striking 

23 ‘‘his wife’s affidavits’’ and inserting ‘‘affi24 davits of the miner’s spouse’’; 


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•S 4511 IS

1 (ii) in the ninth sentence, by striking 

2 ‘‘widow’’ and inserting ‘‘surviving spouse’’; 

3 and 

4 (iii) by striking the last sentence; and 

5 (B) in subsection (c), by striking ‘‘his 

6 claim’’ and inserting ‘‘the claim’’; 

7 (6) in section 414 (30 U.S.C. 924)— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1), by striking 

10 ‘‘widow, within six months after the death 

11 of her husband’’ and inserting ‘‘surviving 

12 spouse, within six months after the death 

13 of the miner’’; and 

14 (ii) in paragraph (2)(C), by striking 

15 ‘‘his’’ and inserting ‘‘the child’s’’; and 

16 (B) in subsection (e)— 

17 (i) by striking ‘‘widow’’ and inserting 

18 ‘‘surviving spouse’’; and 

19 (ii) by striking ‘‘his death’’ and insert20 ing ‘‘the miner’s death’’; 

21 (7) in section 415(a) (30 U.S.C. 925(a))— 

22 (A) in paragraph (1), by striking ‘‘Internal 

23 Revenue Code of 1954’’ and inserting ‘‘Internal 

24 Revenue Code of 1986’’; and 

25 (B) in paragraph (2)— 


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•S 4511 IS

1 (i) by striking ‘‘he’’ and inserting ‘‘the 

2 Secretary’’; and 

3 (ii) by striking ‘‘him’’ and inserting 

4 ‘‘the Secretary’’; 

5 (8) in section 421 (30 U.S.C. 931)— 

6 (A) in subsection (a), by striking ‘‘widows’’ 

7 and inserting ‘‘spouses’’; and 

8 (B) in subsection (b)(2)— 

9 (i) in the matter preceding subpara10 graph (A), by striking ‘‘he’’ and inserting 

11 ‘‘the Secretary’’; and 

12 (ii) in subparagraph (F), by striking 

13 ‘‘promulgated by him’’ and inserting ‘‘pro14 mulgated by the Secretary’’; 

15 (9) in section 422 (30 U.S.C. 932)— 

16 (A) in subsection (a)— 

17 (i) by striking ‘‘Internal Revenue 

18 Code of 1954’’ and inserting ‘‘Internal 

19 Revenue Code of 1986’’; and 

20 (ii) by striking ‘‘he’’ and inserting 

21 ‘‘the Secretary’’; 

22 (B) in subsection (c), by inserting ‘‘, as in 

23 effect on the day before the date of enactment 

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1 tive Responsibility Act (Public Law 107–275)’’ 

2 after ‘‘section 435’’; 

3 (C) in subsection (i)(4), by striking ‘‘Inter4 nal Revenue Code of 1954’’ and inserting ‘‘In5 ternal Revenue Code of 1986’’; and 

6 (D) in subsection (j)— 

7 (i) by striking ‘‘Internal Revenue 

8 Code of 1954’’ each place it appears and 

9 inserting ‘‘Internal Revenue Code of 

10 1986’’; and 

11 (ii) in paragraph (3), by inserting ‘‘, 

12 as in effect on the day before the date of 

13 enactment of the Black Lung Consolida14 tion of Administrative Responsibility Act 

15 (Public Law 107–275)’’ after ‘‘section 

16 435’’; 

17 (10) in section 423(a) (30 U.S.C. 933(a)), by 

18 striking ‘‘he’’ and inserting ‘‘such operator’’; 

19 (11) in section 424(b) (30 U.S.C. 934(b))— 

20 (A) in the matter following subparagraph 

21 (B) of paragraph (1), by striking ‘‘him’’ and in22 serting ‘‘such operator’’; 

23 (B) in paragraph (3), by striking ‘‘Internal 

24 Revenue Code of 1954’’ each place it appears 


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•S 4511 IS

1 and inserting ‘‘Internal Revenue Code of 

2 1986’’; and 

3 (C) in paragraph (5), by striking ‘‘Internal 

4 Revenue Code of 1954’’ and inserting ‘‘Internal 

5 Revenue Code of 1986’’; 

6 (12) in section 428 (30 U.S.C. 938)— 

7 (A) in subsection (a), by striking ‘‘him’’ 

8 and inserting ‘‘such operator’’; and 

9 (B) in subsection (b)— 

10 (i) in the first sentence, by striking 

11 ‘‘he’’ and inserting ‘‘the miner’’; 

12 (ii) in the third sentence, by striking 

13 ‘‘he’’ and inserting ‘‘the Secretary’’; 

14 (iii) in the ninth sentence— 

15 (I) by striking ‘‘he’’ each place it 

16 appears and inserting ‘‘the Sec17 retary’’; and 

18 (II) by striking ‘‘his’’ and insert19 ing ‘‘the miner’s’’; and 

20 (iv) in the tenth sentence, by striking 

21 ‘‘he’’ each place it appears and inserting 

22 ‘‘the Secretary’’; and 

23 (13) in section 430 (30 U.S.C. 940)— 

24 (A) by striking ‘‘1977 and’’ and inserting 

25 ‘‘1977,’’; and 


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46 

•S 4511 IS

1 (B) by striking ‘‘1981’’ and inserting 

2 ‘‘1981, and the Black Lung Benefits Improve3 ment Act of 2022, and any amendments made 

4 after the date of enactment of such Act,’’. 

5 SEC. 302. SEVERABILITY. 

6 If any provision of this Act or any amendment made 

7 by this Act, or the application of a provision of this Act 

8 or an amendment made by this Act to any person or cir9 cumstance, is held to be unconstitutional, the remainder 

10 of this Act and the amendments made by this Act, and 

11 the application of the provisions or amendment to any 

12 other person or circumstance, shall not be affected by the 

13 holding. 

Æ 


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