II 

117TH CONGRESS 

1ST SESSION S. 757 

To amend the Black Lung Benefits Act to ease the benefits process for 

survivors of miners whose deaths were due to pneumoconiosis. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2021 

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

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

A BILL 

To amend the Black Lung Benefits Act to ease the benefits 

process for survivors of miners whose deaths were due 

to pneumoconiosis. 

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 ‘‘Relief for Survivors 

5 of Miners Act of 2021’’. 

6 SEC. 2. AMENDMENTS TO THE BENEFITS PROCESS FOR 

7 SURVIVORS OF MINERS WHOSE DEATHS 

8 WERE DUE TO PNEUMOCONIOSIS. 

9 (a) REBUTTABLE PRESUMPTIONS FOR A DEATH DUE

10 TO PNEUMOCONIOSIS.— 


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1 (1) REBUTTABLE PRESUMPTION FOR A DE2 CEASED MINER EMPLOYED FOR NOT LESS THAN 10

3 YEARS IN A COAL MINE.—Section 411(c)(2) of the 

4 Black Lung Benefits Act (30 U.S.C. 921(c)(2)) is 

5 amended by striking the second sentence. 

6 (2) REBUTTABLE PRESUMPTION FOR A DIS7 ABILITY DUE TO PNEUMOCONIOSIS.—Section 411(c) 

8 of the Black Lung Benefits Act (30 U.S.C. 921(c)) 

9 is amended by adding at the end the following: 

10 ‘‘(6) If a deceased miner was totally disabled 

11 due to pneumoconiosis during the life of such miner, 

12 there shall be a rebuttable presumption that the 

13 death of such miner was a death due to pneumo14 coniosis. The presumption under this paragraph may 

15 be rebutted only by establishing that no part of the 

16 death of such miner was caused by pneumo17 coniosis.’’. 

18 (3) EFFECTIVE DATE.—The amendments made 

19 by paragraphs (1) and (2) shall apply with respect 

20 to claims filed under part B or part C of the Black 

21 Lung Benefits Act (30 U.S.C. 921 et seq., 931 et 

22 seq.) after January 1, 2016, that are pending on or 

23 after the date of enactment of this Act. 

24 (b) ATTORNEYS’ FEES AND MEDICAL EXPENSES

25 PAYMENT PROGRAM.—Part A of the Black Lung Benefits 


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1 Act (30 U.S.C. 901 et seq.) is amended by adding at the 

2 end the following: 

3 ‘‘SEC. 403. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY4 MENT PROGRAM. 

5 ‘‘(a) PROGRAM ESTABLISHED.— 

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

7 after the date of enactment of the Relief for Sur8 vivors of Miners Act of 2021, the Secretary shall es9 tablish a payment program to pay attorneys’ fees 

10 and other reasonable and unreimbursed medical ex11 penses incurred in establishing the claimant’s case, 

12 using amounts from the fund, to the attorneys of 

13 claimants in qualifying claims. 

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

15 for purposes of this section is a contested claim for 

16 benefits under this title for which a final order has 

17 not been entered within one year of the filing of the 

18 claim. 

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

20 Notwithstanding any other provision of law, 

21 amounts in the fund shall be available for payments 

22 authorized by the Secretary under this section. 

23 ‘‘(b) PAYMENTS AUTHORIZED.— 

24 ‘‘(1) ATTORNEYS’ FEES.— 


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1 ‘‘(A) APPROVAL.—If a claimant for bene2 fits under this title obtains a proposed decision 

3 and order from a district director with an 

4 award of benefits for a qualifying claim, or an 

5 award for a qualifying claim before an adminis6 trative law judge— 

7 ‘‘(i) the district director may approve 

8 attorneys’ fees for work done before such 

9 director in an amount not to exceed 

10 $1,500; and 

11 ‘‘(ii) an administrative law judge may 

12 approve attorneys’ fees for work done be13 fore such judge in an amount not to exceed 

14 $3,000. 

15 ‘‘(B) PAYMENT.—The Secretary shall, 

16 through the program under this section, pay 

17 any amounts approved under subparagraph (A). 

18 ‘‘(2) MEDICAL EXPENSES.— 

19 ‘‘(A) APPROVAL.—If a claimant for bene20 fits under this title obtains a proposed decision 

21 and order from a district director with an 

22 award of benefits for a qualifying claim, or an 

23 award for a qualifying claim before an adminis24 trative law judge, such district director and ad25 ministrative law judge may each approve an 


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1 award, in an amount not to exceed $1,500, to 

2 the claimant’s attorney of reasonable and unre3 imbursed medical expenses incurred in estab4 lishing the claimant’s case. 

5 ‘‘(B) PAYMENT.—The Secretary shall, 

6 through the program under this section, pay 

7 any amounts approved under subparagraph (A). 

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

9 program established under this section, shall for any 

10 single qualifying claim pay— 

11 ‘‘(A) not more than a total of $4,500 in at12 torneys’ fees; and 

13 ‘‘(B) not more than $3,000 in medical ex14 penses. 

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

16 which a qualifying claim results in a final order awarding 

17 compensation, the liable operator shall reimburse the fund 

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

19 to enforcement by the Secretary under section 424 and 

20 in the same manner as compensation orders are enforced 

21 under section 21(d) of the Longshore and Harbor Work22 ers’ Compensation Act (33 U.S.C. 921(d)). 

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

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

25 liability for any attorneys’ fees or medical expenses awardVerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757

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1 ed by the district director or an administrative law judge 

2 that were not paid by the program under this section. 

3 Nothing in this section shall limit or otherwise affect the 

4 Secretary’s authority to use amounts in the fund to pay 

5 approved attorneys’ fees in claims for benefits under this 

6 title for which a final order awarding compensation has 

7 been entered and the operator is unable to pay. 

8 ‘‘(e) NO RECOUPMENT OF ATTORNEYS’ FEES.—Any 

9 payment for attorneys’ fees or medical expenses made by 

10 the Secretary under this section shall not be recouped 

11 from the claimant or the claimant’s attorney.’’. 

12 SEC. 3. REPORTS BY THE GOVERNMENT ACCOUNTABILITY 

13 OFFICE. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Comptroller General of the United States 

16 shall— 

17 (1) carry out a review of interim benefit pay18 ments under the Black Lung Benefits Act (30 

19 U.S.C. 901 et seq.) for miners and survivors who 

20 have submitted a claim for benefits under such Act 

21 and are waiting for a final determination, includ22 ing— 

23 (A) an examination of the financial impact 

24 on beneficiaries of such payments in the case 


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1 the claims of such beneficiaries are denied and 

2 the payments are recouped; 

3 (B) a study of the impact that the stress 

4 caused by such recoupment, or the threat of 

5 such recoupment, has on beneficiaries of such 

6 payments; and 

7 (C) a study of the financial impact on the 

8 Federal Government and taxpayers of the proc9 ess for recouping such interim benefit payments 

10 in the case of claims that are denied; 

11 (2) carry out a review of benefit payments for 

12 miners and survivors under the Black Lung Benefits 

13 Act (30 U.S.C. 901 et seq.), including— 

14 (A) an examination of whether such pay15 ments are sufficient to meet the expenses of 

16 such miners and survivors; 

17 (B) an examination of the economic impact 

18 of a possible increase in the amount of benefit 

19 payments for such miners and survivors; and 

20 (C) based on such examination, rec21 ommendations on the amount of benefit pay22 ments that such miners and survivors should 

23 receive from the Black Lung Disability Trust 

24 Fund; 


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1 (3) carry out a review that examines the impact 

2 of a possible change to regulations of the Secretary 

3 of Labor to permit a survivor of a miner to, after 

4 a final determination of benefits under the Black 

5 Lung Benefits Act (30 U.S.C. 901 et seq.) is made 

6 with respect to such survivor, file a subsequent claim 

7 for benefits under such Act; and 

8 (4) submit to Congress reports on the results of 

9 the reviews under paragraphs (1), (2), and (3). 

Æ 


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