II 

115TH CONGRESS 

1ST SESSION S. 855 

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 

APRIL 5 (legislative day, APRIL 4), 2017 

Mr. CASEY (for himself, Mr. BROWN, Mr. MANCHIN, Mr. KAINE, and Mr. 

WARNER) 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 2017’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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


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Sec. 1. Short title. 

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. Mandatory disclosure of medical information and reports. 

Sec. 102. Attorneys’ fees and medical expenses payment program. 

Sec. 103. Clarifying eligibility for black lung benefits. 

Sec. 104. Restoring adequate benefit adjustments for miners suffering from 

black lung disease and for their dependent family members. 

Sec. 105. Treatment of evidence in equipoise. 

Sec. 106. Providing assistance with claims for miners and their dependent family members. 

Sec. 107. False statements or misrepresentations, attorney disqualification, and 

discovery sanctions. 

Sec. 108. Development of medical evidence by the Secretary. 

Sec. 109. Establishment of pilot program to provide impartial classifications of 

chest radiographs. 

Sec. 110. Medical evidence training program. 

Sec. 111. Technical and conforming amendments. 

Sec. 112. Readjudicating cases involving certain chest radiographs. 

Sec. 113. Disclosure of employment and earnings information for Black Lung 

Benefits Act claims. 

PART B—REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS

UNDER THE BLACK LUNG BENEFITS ACT

Sec. 121. Strategy to reduce delays in adjudication. 

Sec. 122. GAO report on black lung program. 

TITLE II—STANDARD FOR RESPIRABLE DUST CONCENTRATION 

Sec. 201. Standard for respirable dust concentration. 

TITLE III—ESTABLISHING THE OFFICE OF WORKERS’ 

COMPENSATION PROGRAMS 

Sec. 301. Office of Workers’ Compensation Programs. 

TITLE IV—SEVERABILITY 

Sec. 401. 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 

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1 coniosis (referred to in this section as ‘‘black lung 

2 disease’’) resulting from exposure to coal dust dur3 ing their employment. Yet the determination of a 

4 claimant’s eligibility for these benefits often requires 

5 complex, adversarial litigation. Resource disparities 

6 between coal companies and such claimants are 

7 widespread within the statutory and regulatory 

8 framework of such Act. Comprehensive reforms are 

9 necessary to ensure that coal miners are not at a 

10 disadvantage when filing claims for benefits. 

11 (2) The Government Accountability Office has 

12 found that many claimants under the Black Lung 

13 Benefits Act are not equipped with the medical and 

14 legal resources necessary to develop evidence to meet 

15 the requirements for benefits. Miners often lack 

16 complete and reliable medical evidence, consequently 

17 increasing the risk that the individuals who review 

18 claims for benefits will be presented with insufficient 

19 medical evidence. Similarly, without better options 

20 for legal representation, significant numbers of such 

21 claimants proceed with their claims through a com22 plex and potentially long administrative process 

23 without resources that Department of Labor officials 

24 and black lung disease experts note are important 

25 for developing evidence and supporting their claims. 


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1 Only 33 percent of claimants are represented by an 

2 attorney during the initial claims determination. Ab3 sent efforts to remedy administrative problems and 

4 address structural weaknesses in the process for ob5 taining benefits, claimants with meritorious claims 

6 will not receive benefits. 

7 (3) Full exchange and disclosure between the 

8 parties of relevant medical information is essential 

9 for fair adjudication of claims under the Black Lung 

10 Benefits Act, regardless of whether the parties in11 tend to submit such information into evidence. 

12 Records of adjudications reveal that some mine oper13 ators’ legal representatives have withheld relevant 

14 evidence from claimants, administrative law judges, 

15 and, in some cases, even their own medical experts. 

16 In several cases, the disclosure of such evidence 

17 would have substantiated a miner’s claim for bene18 fits. Withholding medical information can endanger 

19 miners by depriving them of important information 

20 about their own health and the potential need to 

21 seek medical treatment. 

22 (4) Given the remedial nature of the Black 

23 Lung Benefits Act, when an adjudicator determines 

24 that evidence is evenly balanced, it is appropriate for 

25 any resulting doubt to be resolved in favor of the 


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1 claimant. The Supreme Court vacated this long2 standing legal principle, not on substantive grounds, 

3 but because its application conflicted with the re4 quirements of another statute. Such principle needs 

5 to be reinstated in the Black Lung Benefits Act be6 cause it provides fairness and improves the adminis7 tration of benefits. 

8 (5) Physicians who read lung x-rays as part of 

9 pulmonary assessments used in proceedings for 

10 claims under the Black Lung Benefits Act are re11 quired to demonstrate competency in classifying 

12 chest radiographs by becoming certified as B Read13 ers by the National Institute for Occupational Safety 

14 and Health (referred to in this section as 

15 ‘‘NIOSH’’). However, investigations have uncovered 

16 that there are NIOSH-certified B Readers who have 

17 systematically misclassified chest radiographs while 

18 employed by coal operators or their law firms for the 

19 purpose of opposing claims under such Act. In re20 sponse, the Department of Labor has directed claims 

21 examiners ‘‘not to credit negative chest x-ray read22 ings for pneumoconiosis’’ by one widely used physi23 cian employed at a prominent medical center unless 

24 the conclusions of such physician ‘‘have been reha25 bilitated’’. Where chest radiographs are needed to 


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1 establish entitlement to benefits, claimants should 

2 have access to accurate interpretations so as to en3 sure the fair adjudication of such claims. 

4 (6) As of the date of enactment of this Act, 

5 more than one year has passed since survivors were 

6 denied benefits on claims under the Black Lung 

7 Benefits Act that involved the consideration of chest 

8 radiograph interpretations rendered by a certain 

9 physician whose interpretations have since been de10 termined by the Department of Labor to be gen11 erally not worthy of credit. Such survivors should be 

12 permitted to file a new claim for benefits under such 

13 Act. However, a survivor is effectively barred from 

14 filing a new claim one year after a decision regard15 ing such benefits is final, constituting an injustice 

16 that merits a remedy. 

17 (7) Between the calendar years 2004 and 2014, 

18 a reduction in the number of administrative law 

19 judges in the Department of Labor, coupled with a 

20 large increase in the number of cases filed under the 

21 Black Lung Benefits Act, cuts to nondefense discre22 tionary spending, furloughs resulting from seques23 tration, and the 16-day shutdown of the Federal 

24 Government during the calendar year 2013, has cre25 ated extensive delays in adjudicating claims under 


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1 such Act and numerous other labor and employment 

2 laws. Due to the imbalance between resources and 

3 caseloads, a typical claim under such Act remains 

4 unresolved for an average of nearly 2 years prior to 

5 a decision by an administrative law judge. These 

6 delays directly and severely impact the lives of work7 ers throughout the United States, placing an undue 

8 financial and emotional burden on the affected indi9 viduals and their families. 

10 (8) Contrary to the intent of Congress, benefits 

11 payments under the Black Lung Benefits Act do not 

12 automatically increase with the rising cost of living. 

13 Benefit payments are tied to the monthly pay rate 

14 for Federal employees in grade GS–2, step 1. In sev15 eral of the fiscal years prior to the enactment of this 

16 Act, there was a pay freeze for Federal employees, 

17 which had the effect of eliminating cost-of-living ad18 justments for miners, surviving spouses, and depend19 ents under the Black Lung Benefits Act during such 

20 years. 

21 (9) A competent assessment of medical infor22 mation and testimony, which often involves multiple 

23 physicians disputing a diagnosis, is necessary in de24 termining whether to award benefits under the 

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1 mination regarding a claim for benefits under such 

2 Act is fair and accurate, regular training is needed 

3 regarding— 

4 (A) developments in pulmonary medicine 

5 relating to black lung disease; 

6 (B) medical evidence necessary to sustain 

7 claims for such benefits; and 

8 (C) the proper weight to be given to con9 flicting evidence. 

10 (10) Black lung disease has been the underlying 

11 or contributing cause of death of more than 76,000 

12 miners since 1968. After decades of decline, the inci13 dence of coal miners with black lung disease is on 

14 the rise. According to NIOSH, miners are devel15 oping advanced cases of the disease at younger ages. 

16 In response, the Department of Labor has taken im17 portant steps to combat the disease, including pro18 mulgating a rule that reduces the allowed concentra19 tion of coal dust and eliminates weaknesses in the 

20 current dust sampling system. Retrospective studies 

21 should be continued to determine whether revisions 

22 to the standards are necessary to eliminate the dis23 ease. 

24 (11) To eliminate an avoidable delay in evalu25 ating claims under such Act, the Inspector General 


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1 of the Department of Labor has recommended legis2 lation that would authorize the Department of Labor 

3 to have electronic access to miners’ earning records 

4 held by the Social Security Administration. 

5 TITLE I—BLACK LUNG BENEFITS 

6 PART A—IMPROVING THE PROCESS FOR FILING 

7 AND ADJUDICATING CLAIMS FOR BENEFITS 

8 SEC. 101. MANDATORY DISCLOSURE OF MEDICAL INFOR9 MATION AND REPORTS. 

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

11 901 et seq.) is amended by adding at the end the fol12 lowing: 

13 ‘‘SEC. 403. MANDATORY MEDICAL INFORMATION DISCLO14 SURE. 

15 ‘‘(a) REPORT.—In any claim for benefits under this 

16 title, an operator that requires a miner to submit to a 

17 medical examination regarding the miner’s respiratory or 

18 pulmonary condition shall, not later than 21 days after 

19 the miner has been examined, deliver to the claimant a 

20 complete copy of the examining physician’s report. The ex21 amining physician’s report shall— 

22 ‘‘(1) be in writing; and 

23 ‘‘(2) set out in detail the findings of such physi24 cian, including any diagnoses and conclusions, the 


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1 results of any diagnostic imaging tests, and any 

2 other tests performed on the miner. 

3 ‘‘(b) DISCLOSURE.—In any claim for benefits under 

4 this title, each party shall provide all other parties in the 

5 proceeding with a copy of all medical information devel6 oped regarding the miner’s physical condition relating to 

7 such claim, even if the party does not intend to submit 

8 the information as evidence. Such medical information 

9 shall include the opinion of any examining physician, and 

10 any examining or nonexamining physician’s interpreta11 tions of radiographs or pathology. 

12 ‘‘(c) REGULATIONS.—The Secretary shall promulgate 

13 regulations regarding the disclosure of medical informa14 tion under this section, and such regulations may establish 

15 sanctions for noncompliance with this section.’’. 

16 SEC. 102. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY17 MENT PROGRAM. 

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

19 901 et seq.), as amended by section 101, is further amend20 ed by adding at the end the following: 

21 ‘‘SEC. 404. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY22 MENT PROGRAM. 

23 ‘‘(a) PROGRAM ESTABLISHED.— 

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

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1 fits Improvement Act of 2017, the Secretary shall 

2 establish a payment program to pay attorneys’ fees 

3 and other reasonable and unreimbursed medical ex4 penses incurred in establishing the claimant’s case, 

5 using amounts from the fund, to the attorneys of 

6 claimants in qualifying claims. 

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

8 for purposes of this section is a contested claim for 

9 benefits under this title for which a final order has 

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

11 claim. 

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

13 Notwithstanding any other provision of law, 

14 amounts in the fund shall be available for payments 

15 authorized by the Secretary under this section. 

16 ‘‘(b) PAYMENTS AUTHORIZED.— 

17 ‘‘(1) ATTORNEYS’ FEES.— 

18 ‘‘(A) APPROVAL.—If a claimant for bene19 fits under this title obtains a proposed decision 

20 and order from a district director with an 

21 award of benefits for a qualifying claim, or an 

22 award for a qualifying claim before an adminis23 trative law judge— 

24 ‘‘(i) the district director may approve 

25 attorneys’ fees for work done before such 


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1 director in an amount not to exceed 

2 $1,500; and 

3 ‘‘(ii) an administrative law judge may 

4 approve attorneys’ fees for work done be5 fore such judge in an amount not to exceed 

6 $3,000. 

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

8 through the program under this section, pay 

9 any amounts approved under subparagraph (A). 

10 ‘‘(2) MEDICAL EXPENSES.— 

11 ‘‘(A) APPROVAL.—If a claimant for bene12 fits under this title obtains a proposed decision 

13 and order from a district director with an 

14 award of benefits for a qualifying claim, or an 

15 award for a qualifying claim before an adminis16 trative law judge, such district director and ad17 ministrative law judge may each approve an 

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

19 the claimant’s attorney of reasonable and unre20 imbursed medical expenses incurred in estab21 lishing the claimant’s case. 

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

23 through the program under this section, pay 

24 any amounts approved under subparagraph (A). 


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

2 program established under this section, shall for any 

3 single qualifying claim pay— 

4 ‘‘(A) not more than a total of $4,500 in at5 torneys’ fees; and 

6 ‘‘(B) not more than $3,000 in medical ex7 penses. 

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

9 which a qualifying claim results in a final order awarding 

10 compensation, the liable operator shall reimburse the fund 

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

12 to enforcement by the Secretary under section 424 and 

13 in the same manner as compensation orders are enforced 

14 under section 21(d) of the Longshore and Harbor Work15 ers’ Compensation Act (33 U.S.C. 921(d)). 

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

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

18 liability for any attorneys’ fees or medical expenses award19 ed by the district director or an administrative law judge 

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

21 Nothing in this section shall limit or otherwise affect the 

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

23 approved attorneys’ fees in claims for benefits under this 

24 title for which a final order awarding compensation has 

25 been entered and the operator is unable to pay. 


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

2 payment for attorneys’ fees or medical expenses made by 

3 the Secretary under this section shall not be recouped 

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

5 SEC. 103. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN6 EFITS. 

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

8 U.S.C. 921(c)) is amended by striking paragraphs (3) and 

9 (4) and inserting the following: 

10 ‘‘(3) If x-ray, biopsy, autopsy, or other medi11 cally accepted and relevant test or procedure estab12 lishes that a miner is suffering or has suffered from 

13 a chronic dust disease of the lung, diagnosed as 

14 complicated pneumoconiosis or progressive massive 

15 fibrosis (pneumoconiosis that has formed an opacity, 

16 mass, or lesion whose greatest diameter exceeds 1 

17 centimeter), then there shall be an irrebuttable pre18 sumption that such miner is totally disabled due to 

19 pneumoconiosis, that the miner’s death was due to 

20 pneumoconiosis, or that at the time of death the 

21 miner was totally disabled by pneumoconiosis, as the 

22 case may be. A chest radiograph, which yields one 

23 or more large opacities (whose greatest diameter ex24 ceeds 1 centimeter), and would be classified in cat25 egory A, B, or C in the International Classification 


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1 of Radiographs of Pneumoconioses by the Inter2 national Labor Organization, shall be sufficient to 

3 invoke the presumption, in the absence of more pro4 bative evidence sufficient to establish that the eti5 ology of a large opacity is not pneumoconiosis. 

6 ‘‘(4) If a miner was employed for 15 years or 

7 more in one or more coal mines, and if there is a 

8 chest radiograph submitted in connection with the 

9 claim under this title of such miner or such miner’s 

10 surviving spouse, child, parent, brother, sister, or de11 pendent and it is interpreted as negative with re12 spect to the requirements of paragraph (3), and if 

13 other evidence demonstrates the existence of a to14 tally disabling respiratory or pulmonary impairment, 

15 then there shall be a rebuttable presumption that 

16 such miner is totally disabled due to pneumoconiosis, 

17 that the miner’s death was due to pneumoconiosis, 

18 or that at the time of death the miner was totally 

19 disabled by pneumoconiosis. In the case of a living 

20 miner, a spouse’s affidavit may not be used by itself 

21 to establish the presumption under this paragraph. 

22 The presumption under this paragraph may be re23 butted only by establishing that such miner does 

24 not, or did not, have pneumoconiosis, or that no part 


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1 of such miner’s respiratory or pulmonary impair2 ment or death was caused by pneumoconiosis.’’. 

3 SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

4 FOR MINERS SUFFERING FROM BLACK LUNG 

5 DISEASE AND FOR THEIR DEPENDENT FAM6 ILY MEMBERS. 

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

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

9 inserting the following: 

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

11 due to pneumoconiosis, the disabled miner shall be 

12 paid benefits during the disability— 

13 ‘‘(A) for any calendar year preceding January 1, 2015, at a rate equal to 371 14 ⁄2 percent 

15 of the monthly pay rate for Federal employees 

16 in grade GS–2, step 1; 

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

18 January 1, 2015, at a rate of $7,980 per year, 

19 payable in 12 equal monthly payments; and 

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

21 a rate equal to the amount under subparagraph 

22 (B) increased by an amount equal to any in23 crease in the annual rate of the Consumer Price 

24 Index for Urban Wage Earners and Clerical 


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1 Workers, as published by the Bureau of Labor 

2 Statistics.’’. 

3 SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE. 

4 Section 422 of the Black Lung Benefits Act (30 

5 U.S.C. 932) is amended by adding at the end the fol6 lowing: 

7 ‘‘(m) In determining the validity of a claim under this 

8 title, an adjudicator who finds that the evidence is evenly 

9 balanced on an issue shall resolve any resulting doubt in 

10 the claimant’s favor and find that the claimant has met 

11 the burden of persuasion on such issue.’’. 

12 SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN13 ERS AND THEIR DEPENDENT FAMILY MEM14 BERS. 

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

16 U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex17 amination, and treatment’’ and all that follows through 

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

19 and treatment of respiratory and pulmonary impairments 

20 in active and inactive coal miners and for assistance on 

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

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


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1 SEC. 107. FALSE STATEMENTS OR MISREPRESENTATIONS, 

2 ATTORNEY DISQUALIFICATION, AND DIS3 COVERY SANCTIONS. 

4 Section 431 of the Black Lung Benefits Act (30 

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

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

7 ATTORNEY DISQUALIFICATION, AND DIS8 COVERY SANCTIONS. 

9 ‘‘(a) IN GENERAL.—No person, including any claim10 ant, physician, operator, duly authorized agent of such op11 erator, or employee of an insurance carrier, shall— 

12 ‘‘(1) knowingly and willfully make a false state13 ment or misrepresentation for the purpose of obtain14 ing, increasing, reducing, denying, or terminating 

15 benefits under this title; or 

16 ‘‘(2) threaten, coerce, intimidate, deceive, or 

17 knowingly mislead a party, representative, witness, 

18 potential witness, judge, or anyone participating in 

19 a proceeding regarding any matter related to a pro20 ceeding under this title. 

21 ‘‘(b) FINE; IMPRISONMENT.—Any person who en22 gages in the conduct described in subsection (a) shall, 

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

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

25 5 years, or both. 


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

2 Attorney for the district in which the conduct described 

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

4 every reasonable effort to promptly investigate each com5 plaint of a violation of such subsection. 

6 ‘‘(d) DISQUALIFICATION.— 

7 ‘‘(1) IN GENERAL.—An attorney or expert wit8 ness who engages in the conduct described in sub9 section (a) shall, in addition to the fine or imprison10 ment provided under subsection (b), be permanently 

11 disqualified from representing any party, or appear12 ing in any proceeding, under this title. 

13 ‘‘(2) ATTORNEY DISQUALIFICATION.—In addi14 tion to the disqualification described in paragraph 

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

16 representing any party in a proceeding under this 

17 title for either a limited term or permanently, if the 

18 attorney— 

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

20 that is prejudicial to the fair and orderly con21 duct of such proceeding; or 

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

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

24 territory, commonwealth, or possession of the 


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1 United States with jurisdiction over the pro2 ceeding. 

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

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

5 order to compel discovery or disclosure, or to supplement 

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

7 sanctions may include, as appropriate— 

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

9 noncomplying party on the facts relevant to the dis10 covery or disclosure order; 

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

12 defenses, or right to introduce evidence; and 

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

14 noncomplying party. 

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

16 regulations that— 

17 ‘‘(1) provide procedures for the disqualifications 

18 and sanctions under this section and are appropriate 

19 for all parties; and 

20 ‘‘(2) distinguish between parties that are rep21 resented by an attorney and parties that are not 

22 represented by an attorney.’’. 


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1 SEC. 108. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

2 SECRETARY. 

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

4 931 et seq.) is amended by adding at the end the fol5 lowing: 

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

7 SECRETARY. 

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

9 request by a claimant for benefits under this title, the Sec10 retary shall provide the claimant an opportunity to sub11 stantiate the claim through a complete pulmonary evalua12 tion of the miner that shall include— 

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

14 physician on the list provided under subsection (d), 

15 and in accordance with subsection (d)(5) and sec16 tions 402(f)(1)(D) and 413(b); and 

17 ‘‘(2) if the conditions under subsection (b) are 

18 met, any supplemental medical evidence described in 

19 subsection (c). 

20 ‘‘(b) CONDITIONS FOR SUPPLEMENTAL MEDICAL

21 EVIDENCE.—The Secretary shall develop supplemental 

22 medical evidence, in accordance with subsection (c)— 

23 ‘‘(1) for any claim in which the Secretary rec24 ommends an award of benefits based on the results 

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

26 party opposing such award submits evidence that 


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1 could be considered contrary to the findings of the 

2 Secretary; and 

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

4 heard by an administrative law judge, in which— 

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

6 the claimant; 

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

8 submitted evidence not previously reviewed that 

9 could be considered contrary to the award 

10 under subparagraph (A); and 

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

12 represented by an attorney, the claimant’s at13 torney consents to the Secretary developing 

14 supplemental medical evidence. 

15 ‘‘(c) PROCESS FOR SUPPLEMENTAL MEDICAL EVI16 DENCE.— 

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

18 paragraph (2), to develop supplemental medical evi19 dence under conditions described in subsection (b), 

20 the Secretary shall request the physician who con21 ducted the initial report under subsection (a)(1) 

22 to— 

23 ‘‘(A) review any medical evidence sub24 mitted after such report or the most recent sup25 plemental report, as appropriate; and 


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1 ‘‘(B) update his or her opinion in a supple2 mental report. 

3 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi4 cian is no longer available or is unwilling to provide 

5 supplemental medical evidence under paragraph (1), 

6 the Secretary shall select another qualified physician 

7 to provide such evidence. 

8 ‘‘(3) COMPLICATED PNEUMOCONIOSIS.—In di9 agnosing whether there is complicated pneumo10 coniosis as a part of a medical examination con11 ducted under paragraph (1) or (2), the Secretary 

12 shall authorize a high-quality, low-dose or standard 

13 CT scan where one or more of the following is 

14 found: 

15 ‘‘(A) Any certified B reader of a chest 

16 radiograph associated with the examination 

17 under section 413(b) finds advanced pneumo18 coniosis (ILO category 2/1 or greater). 

19 ‘‘(B) Any certified B reader of a chest 

20 radiograph associated with the examination 

21 under section 413(b) finds a coalescence of 

22 small opacities. 

23 ‘‘(C) Any certified B reader of a chest 

24 radiograph associated with the examination 

25 under section 413(b) has a reasonable belief 


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1 that there may be a large opacity in the upper 

2 lungs that has been obscured by bony struc3 tures. 

4 ‘‘(d) QUALIFIED PHYSICIANS FOR COMPLETE PUL5 MONARY EVALUATION AND PROTECTIONS FOR SUIT6 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

7 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec8 retary shall create and maintain a list of qualified 

9 physicians to be selected by a claimant to perform 

10 the complete pulmonary evaluation described in sub11 section (a). 

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

13 shall make the list under this subsection available to 

14 the public. 

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

16 Secretary shall update such list by reviewing the 

17 suitability of the listed qualified physicians and as18 sessing any potential conflicts of interest. 

19 ‘‘(4) CRITERIA FOR SUITABILITY.—In deter20 mining whether a physician is suitable to be on the 

21 list under this subsection, the Secretary shall consult 

22 the National Practitioner Data Bank of the Depart23 ment of Health and Human Services and assess re24 ports of adverse licensure, certifications, hospital 

25 privilege, and professional society actions involving 


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

2 physician— 

3 ‘‘(A) who is not licensed to practice medi4 cine in any State or any territory, common5 wealth, or possession of the United States; 

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

7 licensing board of any State, territory, common8 wealth, or possession of the United States; or 

9 ‘‘(C) whose license is suspended by a med10 ical licensing board of any State, territory, com11 monwealth, or possession of the United States. 

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

13 shall develop and implement policies and procedures 

14 to ensure that any actual or potential conflict of in15 terest of qualified physicians on the list under this 

16 subsection, including both individual and organiza17 tional conflicts of interest, are disclosed to the De18 partment, and to provide such disclosure to claim19 ants. Such policies and procedures shall provide 

20 that, unless the claimant knowingly and with the 

21 benefit of full disclosure waives the following limita22 tions, a physician shall not be used to perform a 

23 complete pulmonary medical evaluation under sub24 section (a) that is reimbursed pursuant to subsection 

25 (f), if— 


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

2 contract to, or otherwise providing services to a 

3 private party opposing the claim, a law firm or 

4 lawyer representing such opposing party, or an 

5 interested insurer or other interested third 

6 party; or 

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

8 a private party opposing the claim, a law firm 

9 or lawyer representing such opposing party, or 

10 an interested insurer or other interested third 

11 party in the previous 24 months. 

12 ‘‘(e) RECORD.—Upon receipt of any initial report or 

13 supplemental report under this section, the Secretary shall 

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

15 report to all parties to the proceeding. 

16 ‘‘(f) EXPENSES.—All expenses related to obtaining 

17 the medical evidence under this section shall be paid for 

18 by the fund. If a claimant receives a final award of bene19 fits, the operator liable for payment of benefits, if any, 

20 shall reimburse the fund for such expenses, which shall 

21 include interest.’’. 


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1 SEC. 109. ESTABLISHMENT OF PILOT PROGRAM TO PRO2 VIDE IMPARTIAL CLASSIFICATIONS OF 

3 CHEST RADIOGRAPHS. 

4 (a) ESTABLISHMENT.—Part C of the Black Lung 

5 Benefits Act (30 U.S.C. 931 et seq.), as amended by sec6 tion 108, is further amended by adding at the end the 

7 following: 

8 ‘‘SEC. 436. ESTABLISHMENT OF PILOT PROGRAM TO PRO9 VIDE IMPARTIAL CLASSIFICATIONS OF 

10 CHEST RADIOGRAPHS. 

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

12 ‘‘(1) B READER.—The term ‘B Reader’ means 

13 an individual who— 

14 ‘‘(A) has a valid license to practice medi15 cine in not less than one State, territory, com16 monwealth, or possession of the United States; 

17 and 

18 ‘‘(B) has demonstrated a proficiency, 

19 through an examination administered by the 

20 National Institute for Occupational Safety and 

21 Health, in classifying chest radiographs for 

22 findings consistent with pneumoconiosis using 

23 the International Classification of Radiographs 

24 of Pneumoconioses by the International Labor 

25 Organization. 


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1 ‘‘(2) B READER PANEL.—The term ‘B Reader 

2 Panel’ means a panel of not less than 3 B Readers 

3 selected by the Director exclusively from the B 

4 Reader Panel Pool. 

5 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

6 the Director of the National Institute for Occupa7 tional Safety and Health. 

8 ‘‘(4) ILO CLASSIFICATION.—The term ‘ILO 

9 classification’ means the standardized categorization 

10 of chest radiographs for findings consistent with 

11 pneumoconiosis using the International Classifica12 tion of Radiographs of Pneumoconioses by the Inter13 national Labor Organization. 

14 ‘‘(5) B READER PANEL POOL.—The term ‘B 

15 Reader Panel Pool’ means the group of physicians 

16 included in the pool described in subsection (c). 

17 ‘‘(b) B READER PANEL PROGRAM.— 

18 ‘‘(1) ESTABLISHMENT OF PILOT PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Director shall es20 tablish, in the National Institute for Occupa21 tional Safety and Health, a pilot program to be 

22 known as the ‘B Reader Panel Program’. The 

23 B Reader Panel Program shall establish B 

24 Reader Panels that— 


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1 ‘‘(i) are operated in a manner to as2 sure accurate ILO classifications, which 

3 may be used for claims for benefits de4 scribed in subparagraph (C); 

5 ‘‘(ii) only classify chest radiographs; 

6 and 

7 ‘‘(iii) classify all appearances de8 scribed in the International Classification 

9 of Radiographs of Pneumoconiosis by the 

10 International Labor Organization or illus11 trated by the International Labor Organi12 zation standard radiographs. 

13 ‘‘(B) DURATION.—The B Reader Panel 

14 Program established under this section shall be 

15 conducted for a duration of one year, beginning 

16 after the issuance of necessary protocols and in17 terim final rules under subsection (h). 

18 ‘‘(C) APPLICABILITY.—A chest radiograph 

19 classification may only be requested under this 

20 section for a claim for benefits under this title 

21 where the presence or absence of complicated 

22 pneumoconiosis or progressive massive fibrosis 

23 (large opacities greater than or equal to cat24 egory A of the ILO classification) is in fact at 

25 issue. 


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1 ‘‘(2) PROGRAM PERSONNEL MATTERS.— 

2 ‘‘(A) IN GENERAL.—The Director may hire 

3 such personnel as are necessary to establish, 

4 manage, and evaluate the B Reader Panel Pro5 gram, including a B Reader Program Director 

6 described in subparagraph (B). 

7 ‘‘(B) B READER PROGRAM DIRECTOR.— 

8 The B Reader Program Director shall be a phy9 sician who is a B Reader and has documented 

10 expertise in ILO classifications. 

11 ‘‘(C) STAFF.— 

12 ‘‘(i) IN GENERAL.—In procuring the 

13 services of B Readers for this section, the 

14 Director may hire Federal personnel, con15 tract for services, or both. 

16 ‘‘(ii) COMPENSATION.—The Director 

17 shall establish compensation rates for B 

18 Readers who are hired under contract. 

19 ‘‘(3) ETHICS POLICY.— 

20 ‘‘(A) CODE OF ETHICS.— 

21 ‘‘(i) IN GENERAL.—In order to maxi22 mize the quality, objectivity, and con23 fidence in ILO classifications under this 

24 section, the Director shall establish a bind25 ing code of ethics to which all B Readers 


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1 in the B Reader Panel Pool shall agree to 

2 in writing and adhere. 

3 ‘‘(ii) CONTENTS.—The code of ethics 

4 shall include— 

5 ‘‘(I) definitions and stipulations 

6 of procedures dealing with actual and 

7 apparent conflicts of interest and the 

8 appearance of bias or lack of suffi9 cient impartiality; 

10 ‘‘(II) a requirement that each 

11 such B Reader submits a conflict of 

12 interest disclosure statement to the 

13 Director and annually updates such 

14 statement; and 

15 ‘‘(III) requirements for the con16 tent of the conflict of interest disclo17 sure statements required under sub18 clause (II). 

19 ‘‘(B) B READER ETHICS OFFICER.—The 

20 Director shall designate an employee of the Na21 tional Institute for Occupational Safety and 

22 Health as the B Reader Ethics Officer whose 

23 responsibilities shall include— 


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1 ‘‘(i) reviewing all conflict of interest 

2 disclosures of B Readers on the B Reader 

3 Panel Pool; 

4 ‘‘(ii) investigating the validity of such 

5 disclosures; 

6 ‘‘(iii) maintaining a list of such B 

7 Readers who fail to disclose a conflict of 

8 interest; 

9 ‘‘(iv) addressing complaints about in10 complete or inaccurate conflict of interest 

11 disclosures; 

12 ‘‘(v) assessing whether any such B 

13 Reader has been improperly assigned to a 

14 panel due to a conflict of interest; and 

15 ‘‘(vi) assuring full transparency of 

16 conflict of interest disclosures to the pub17 lic. 

18 ‘‘(4) QUALITY ASSURANCE PROGRAM.— 

19 ‘‘(A) PROTOCOLS.— 

20 ‘‘(i) ESTABLISHMENT.—The Director 

21 shall establish a quality assurance program 

22 consisting of protocols to ensure that the 

23 results produced by B Reader Panels meet 

24 or exceed standards of performance re25 quired for accuracy and consistency. 


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1 ‘‘(ii) PROTOCOLS.—The protocols 

2 under this subparagraph shall include pro3 tocols— 

4 ‘‘(I) for each B Reader to pre5 pare an individual ILO classification 

6 report for each chest radiograph; and 

7 ‘‘(II) for the preparation of a 

8 final ILO classification report for the 

9 chest radiograph. 

10 ‘‘(iii) ADDITIONAL REVIEWERS.—If 

11 individual ILO classifications reported by 

12 each B Reader of a B Reader Panel di13 verge from each other by more than an ac14 ceptable variance, as determined by proto15 cols established under subsection (h), the 

16 Director shall assign additional B Readers 

17 to the applicable B Reader Panel or con18 vene an additional B Reader Panel, as the 

19 Director determines necessary, to assure 

20 that the ILO classification report of the 

21 initial B Reader Panel is accurate and sci22 entifically valid. 

23 ‘‘(iv) USE OF KNOWN POSITIVE AND

24 NEGATIVE X-RAYS AS A QUALITY CONTROL

25 TOOL.—The quality assurance program 


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1 under this paragraph shall use pre-read 

2 radiographs, for which ILO classifications 

3 have been previously established as exter4 nal standards, with sufficient frequency in 

5 order to assure that B Readers on B Read6 er Panels read radiographs that are bor7 derline positive or negative for complicated 

8 pneumoconiosis or progressive massive fi9 brosis (large opacities greater than or 

10 equal to category A of the ILO classifica11 tion) with accuracy and consistency. 

12 ‘‘(v) BLIND READINGS.—In reading a 

13 radiograph to make an ILO classification, 

14 a B Reader shall be blinded from the ori15 gin of the radiograph. 

16 ‘‘(B) CONTINUOUS IMPROVEMENT.—The 

17 Director shall establish a process for providing 

18 feedback to B Readers in the B Reader Pool 

19 with respect to their performance in providing 

20 ILO classifications and provide suggestions for 

21 improvement. 

22 ‘‘(c) CREATION AND MAINTENANCE OF B READER

23 PANEL POOL.— 

24 ‘‘(1) ESTABLISHMENT.—The Director shall es25 tablish a B Reader Panel Pool to be used for the B 


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1 Reader Panel Program under this section. The Di2 rector shall solicit and select physicians who are B 

3 Readers for inclusion in the B Reader Panel Pool. 

4 ‘‘(2) SELECTION AND RETENTION FOR B READ5 ERS ON B READER PANEL POOL.— 

6 ‘‘(A) IN GENERAL.—The Director shall es7 tablish and disclose criteria by which B Readers 

8 are selected and retained within the B Reader 

9 Panel Pool, including minimum standards of 

10 performance described in subparagraph (B). 

11 ‘‘(B) MINIMUM STANDARDS OF PERFORM12 ANCE.—The minimum standards of perform13 ance for inclusion in the B Reader Panel Pool 

14 shall include requiring the B Reader to make 

15 radiograph classifications consistent with ILO 

16 classification criteria that are consistently with17 in acceptable norms, as established by the Di18 rector. 

19 ‘‘(C) CONSIDERATIONS FOR SELECTION.— 

20 In selecting a B Reader to be included in the 

21 B Reader Panel Pool, the Director shall— 

22 ‘‘(i) assess, to the maximum extent 

23 practicable, the prior performance of the B 

24 Reader in making ILO classifications; 


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1 ‘‘(ii) consult the National Practitioner 

2 Data Bank of the Department of Health 

3 and Human Services for information on 

4 physician suitability; and 

5 ‘‘(iii) assess reports of adverse licen6 sure, certifications, hospital privilege, and 

7 professional society actions involving the B 

8 Reader. 

9 ‘‘(D) MONITORING.—The Director shall 

10 monitor ILO classifications conducted under 

11 this section to determine if any B Reader in12 cluded in the B Reader Panel Pool dem13 onstrates a pattern of providing ILO classifica14 tions that are erroneous or not consistently 

15 within the acceptable norms, as established by 

16 the Director. 

17 ‘‘(3) PROCESS FOR REMOVAL.— 

18 ‘‘(A) IN GENERAL.—The Director shall be 

19 authorized to suspend or remove any B Reader 

20 from the B Reader Panel Pool for— 

21 ‘‘(i) consistently failing to meet the 

22 minimum standards of performance under 

23 paragraph (2)(B); 

24 ‘‘(ii) breaching the code of ethics 

25 under subsection (b)(3)(A); or 


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1 ‘‘(iii) other disqualifying conduct, as 

2 established by rule or policy. 

3 ‘‘(B) REVIEW.—The Director shall provide 

4 a process for a B Reader who is aggrieved by 

5 a decision of the Director under subparagraph 

6 (A) to seek review by the Secretary of Health 

7 and Human Services. The review by such Sec8 retary shall not stay the suspension of the B 

9 Reader during the pendency of the review. 

10 ‘‘(4) DISCLOSURE.—The Director shall make 

11 publicly accessible— 

12 ‘‘(A) the names and qualifications of the B 

13 Readers included in the B Reader Panel Pool; 

14 ‘‘(B) the names of B Readers who have 

15 been suspended or removed from the B Reader 

16 Panel Pool and the reasons for such suspension 

17 or removal; 

18 ‘‘(C) the conflict of interest disclosure 

19 statements required under subsection 

20 (b)(3)(A)(ii)(II); and 

21 ‘‘(D) any pertinent information which the 

22 Director determines necessary to assure trans23 parency and program integrity. 


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1 ‘‘(d) ELIGIBILITY TO REQUEST ILO CLASSIFICA2 TIONS.—Each of the following individuals may request an 

3 ILO classification under this section: 

4 ‘‘(1) Claimants or operators, or their authorized 

5 representatives, in a claim for benefits that meets 

6 the requirements of subsection (b)(1)(C). 

7 ‘‘(2) Individuals defined as adjudication officers 

8 by regulations of the Secretary. 

9 ‘‘(e) TIMING OF REPORTS.—Following the receipt of 

10 a written request for the classification of a chest 

11 radiograph, the Director shall provide a report conducted 

12 by a B Reader Panel— 

13 ‘‘(1) for digital chest radiographic images, with14 in 45 days; and 

15 ‘‘(2) for film-based chest radiographs, within 90 

16 days. 

17 ‘‘(f) TESTIMONY.— 

18 ‘‘(1) AVAILABILITY OF DIRECTOR OR DES19 IGNEE.—The Director, or a designee of the Director, 

20 shall be available to respond to interrogatories or ap21 pear and testify about a B Reader Panel’s conclu22 sions or the process by which B Reader Panels clas23 sify radiographs in a case under subsection 

24 (b)(1)(C), upon the request of a party to such case. 


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1 ‘‘(2) INTERROGATORIES AND SUBPOENAS FOR B

2 READERS.—To the extent that additional informa3 tion is reasonably necessary for the full development 

4 of evidence pertaining to a B Reader Panel Report 

5 in a case under subsection (b)(1)(C), a B Reader of 

6 a B Reader Panel— 

7 ‘‘(A) may be required to respond to inter8 rogatories with respect to the ILO classification 

9 provided by the B Reader in the case, only if 

10 so ordered by an administrative law judge; and 

11 ‘‘(B) may not be required to appear and 

12 testify under subpoena, unless the party making 

13 such request demonstrates to an administrative 

14 law judge that— 

15 ‘‘(i)(I) the B Reader Panel Report is 

16 incomplete or lacks information that is rea17 sonably necessary for such full develop18 ment; and 

19 ‘‘(II) if responses to interrogatories 

20 were ordered, the responses are unclear or 

21 incomplete; or 

22 ‘‘(ii) there is an extraordinary cir23 cumstance in which additional information 

24 that is reasonably necessary for such full 

25 development is otherwise unavailable from 


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1 the Director and can only be provided by 

2 such B Reader. 

3 ‘‘(g) ADMINISTRATIVE COSTS.— 

4 ‘‘(1) ESTABLISHMENT.—Funds necessary to es5 tablish and operate the B Reader Panel Program 

6 under this section shall be paid as an administrative 

7 cost from the fund. The Director shall consult with 

8 the Secretary on allocations of funds in establishing 

9 such program. 

10 ‘‘(2) COSTS OF REPORTS FOR B READER PAN11 ELS.— 

12 ‘‘(A) FEES.— 

13 ‘‘(i) IN GENERAL.—The Director shall 

14 establish a fee for a B Reader Panel Re15 port in accordance with clause (ii). Such 

16 fee shall be payable by the party request17 ing such report. No fee shall be charged if 

18 the request for such ILO classification is 

19 made by an individual defined as an adju20 dication officer by regulations of the Sec21 retary. 

22 ‘‘(ii) LIMITATION.—The amount of a 

23 fee under clause (i) shall not exceed the di24 rect cost of hiring the B Readers of the B 


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1 Reader Panel that made the ILO classi2 fication. 

3 ‘‘(B) LEGAL COSTS.— 

4 ‘‘(i) IN GENERAL.—The National In5 stitute for Occupational Safety and Health 

6 shall use amounts in the fund to pay for 

7 all costs related to the appearance and re8 sponses to interrogatories of the Director 

9 or a designee of the Director, or a B Read10 er of a B Reader Panel, in a proceeding 

11 under this section. 

12 ‘‘(ii) REPRESENTATION OF THE NA13 TIONAL INSTITUTE FOR OCCUPATIONAL

14 SAFETY AND HEALTH.—The Office of the 

15 General Counsel of the Department of 

16 Health and Human Services shall, in con17 sultation with the Solicitor of Labor, rep18 resent the National Institute for Occupa19 tional Safety and Health in any proceeding 

20 under this section, the costs of which shall 

21 be payable from the fund. 

22 ‘‘(h) PROTOCOLS AND INTERIM FINAL RULES.—Not 

23 later than 180 days after the date of enactment of the 

24 Black Lung Benefits Improvement Act of 2017, the Sec25 retary of Health and Human Services shall issue protocols 


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1 and promulgate interim final rules, as necessary, to com2 mence the implementation of this section. 

3 ‘‘(i) REPORT TO CONGRESS.— 

4 ‘‘(1) IN GENERAL.—Not later than 30 days 

5 after the completion of the pilot program under this 

6 section, the Director shall, in consultation with the 

7 Secretary of Labor, prepare and submit a report to 

8 the Committee on Health, Education, Labor, and 

9 Pensions of the Senate and the Committee on Edu10 cation and the Workforce of the House of Rep11 resentatives that includes the information in para12 graph (2). 

13 ‘‘(2) CONTENTS.—The report under this sub14 section shall include— 

15 ‘‘(A) the number of B Reader Panels es16 tablished under this section; 

17 ‘‘(B) the number of B Readers partici18 pating in the pilot program under this section; 

19 ‘‘(C) the effectiveness of the quality assur20 ance program under subsection (b)(4); 

21 ‘‘(D) the accuracy of the ILO classifica22 tions conducted by B Readers under this sec23 tion; 

24 ‘‘(E) challenges in the administration and 

25 implementation of such pilot program; 


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1 ‘‘(F) the costs and revenues of such pilot 

2 program; 

3 ‘‘(G) the impact of the pilot program on 

4 the claims-adjudication process; 

5 ‘‘(H) a recommendation on whether the 

6 pilot program under this section should extend 

7 beyond the one-year duration under subsection 

8 (b)(1)(B); and 

9 ‘‘(I) recommendations for any necessary 

10 modifications to such pilot program, if the Di11 rector recommends such an extension.’’. 

12 (b) CONFORMING AMENDMENT RELATED TO DE13 POSIT OF FEES.—Section 9501(b) of the Internal Rev14 enue Code of 1986 (26 U.S.C. 9501(b)) is amended by 

15 adding at the end the following new paragraph: 

16 ‘‘(3) CERTAIN FEES.—Amounts collected as 

17 fees authorized under section 436(g)(2)(A) of the 

18 Black Lung Benefits Act.’’. 

19 SEC. 110. MEDICAL EVIDENCE TRAINING PROGRAM. 

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

21 931 et seq.), as amended by sections 108 and 109, is fur22 ther amended by adding at the end the following: 

23 ‘‘SEC. 437. MEDICAL EVIDENCE TRAINING PROGRAM. 

24 ‘‘(a) IN GENERAL.—Not later than 60 days after the 

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1 ment Act of 2017, the Secretary, in coordination with the 

2 National Institute for Occupational Safety and Health, 

3 shall establish and implement a training program, to pro4 vide education on issues relating to medical evidence rel5 evant to claims for benefits under this title, to each of 

6 the following individuals who engage in work under this 

7 title: 

8 ‘‘(1) District directors. 

9 ‘‘(2) Claims examiners working under such di10 rectors. 

11 ‘‘(3) Administrative law judges and attorney 

12 advisors supporting such judges. 

13 ‘‘(4) Members of the Benefits Review Board es14 tablished under section 21(b) of the Longshore and 

15 Harbor Workers’ Compensation Act (33 U.S.C. 

16 921(b)). 

17 ‘‘(b) TRAINING PROGRAM TOPICS.—The training 

18 program under this section shall provide an overview of 

19 topics that include— 

20 ‘‘(1) new developments in pulmonary medicine 

21 relating to pneumoconiosis; 

22 ‘‘(2) medical evidence, and other relevant evi23 dence, sufficient to support a claim for benefits 

24 under this title; and 


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1 ‘‘(3) weighing conflicting medical evidence and 

2 testimony concerning eligibility for such benefits. 

3 ‘‘(c) TIMING OF TRAINING.— 

4 ‘‘(1) INDIVIDUALS HIRED OR APPOINTED PRIOR

5 TO THE BLACK LUNG BENEFITS IMPROVEMENT ACT

6 OF 2017.—Any district director, claims examiner, ad7 ministrative law judge, attorney advisor supporting 

8 such judge, or member of the Benefits Review Board 

9 described in subsection (a)(4), who was hired or ap10 pointed prior to the date of enactment of the Black 

11 Lung Benefits Improvement Act of 2017 shall com12 plete the training program under this section not 

13 later than 60 days after the establishment of such 

14 program under subsection (a) and not less than an15 nually thereafter. 

16 ‘‘(2) INDIVIDUALS HIRED OR APPOINTED AFTER

17 THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF

18 2017.—Any district director, claims examiner, admin19 istrative law judge, attorney advisor supporting such 

20 judge, or member of the Benefits Review Board de21 scribed in subsection (a)(4), who is not described in 

22 paragraph (1) shall complete the training program 

23 under this section prior to engaging in any work 

24 under this title and not less than annually there25 after.’’. 


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1 SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS. 

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

3 is amended— 

4 (1) in section 401(a) (30 U.S.C. 901(a)), by in5 serting ‘‘or who were found to be totally disabled by 

6 such disease’’ after ‘‘such disease’’; 

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

8 (A) in subsection (a), by striking para9 graph (2) and inserting the following: 

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

11 household as the miner, or is receiving regular con12 tributions from the miner for support, or whose 

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

14 to contribute to support, or who meets the require15 ments of paragraph (1) or (2) of section 216(b) of 

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

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

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

19 married to the miner under the laws of the State 

20 where the marriage was celebrated. The term 

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

22 husband’, as such terms are defined in paragraph 

23 (1) or (4) of section 216(d) of such Act, who is re24 ceiving at least one-half of his or her support, as de25 termined in accordance with regulations prescribed 

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


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1 substantial contributions from the miner (pursuant 

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

3 order for substantial contributions to the spouse’s 

4 support from such miner.’’; 

5 (B) by striking subsection (e) and insert6 ing the following: 

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

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

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

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

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

12 (E) of section 216(c)(1) of the Social Security Act, sub13 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

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

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

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

17 under the laws of the State where the marriage was cele18 brated. Such term also includes a ‘surviving divorced wife’ 

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

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

21 for the month preceding the month in which the miner 

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

23 as determined in accordance with regulations prescribed 

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1 ten agreement) or there was in effect a court order for 

2 substantial contributions to the spouse’s support from the 

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

4 (C) in subsection (g)— 

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

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

7 ceased’’; and 

8 (ii) in the matter following paragraph 

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

10 appears and inserting ‘‘surviving spouse’’; 

11 (D) in subsection (h), by striking ‘‘Internal 

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

13 Revenue Code of 1986’’; and 

14 (E) in subsection (i), by striking ‘‘Internal 

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

16 Revenue Code of 1986’’; 

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

18 (A) by striking subsection (a) and insert19 ing the following: 

20 ‘‘(a) The Secretary shall, in accordance with the pro21 visions of this title, and the regulations promulgated by 

22 the Secretary under this title, make payments of benefits 

23 in respect of— 

24 ‘‘(1) total disability of any miner due to pneu25 moconiosis; 


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

2 due to pneumoconiosis; 

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

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

5 part C prior to January 1, 1982; 

6 ‘‘(4) survivors’ benefits for any claim filed after 

7 January 1, 2005, that is pending on or after March 

8 23, 2010, where the miner is found entitled to re9 ceive benefits at the time of the miner’s death as a 

10 result of the miner’s claim filed under part C; and 

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

12 found entitled to receive benefits at the time of the 

13 miner’s death resulting from the miner’s claim filed 

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

15 (B) in subsection (c)— 

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

17 pneumoconiosis’’ and inserting ‘‘the min18 er’s pneumoconiosis’’; and 

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

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

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

22 (A) in subsection (a)— 

23 (i) by striking paragraph (2) and in24 serting the following: 

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


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1 ‘‘(A) of a miner whose death is due to pneumo2 coniosis; 

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

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

5 a miner who is found entitled to receive benefits at 

6 the time of the miner’s death as a result of the min7 er’s claim filed under part C; 

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

9 benefits at the time of the miner’s death as a result 

10 of the miner’s claim filed under part C before Janu11 ary 1, 1982; or 

12 ‘‘(D) in a claim filed under part C before Janu13 ary 1, 1982, of a miner who was totally disabled by 

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

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

16 the rate the deceased miner would receive such benefits 

17 if the miner were totally disabled.’’; 

18 (ii) in paragraph (3)— 

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

20 and all that follows through ‘‘section 

21 411(c)’’ and inserting the following: 

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

23 children of a miner described in sub24 paragraph (B)’’; 


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1 (II) by striking ‘‘he’’ each place 

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

3 (III) by striking ‘‘widow’’ each 

4 place it appears and inserting ‘‘sur5 viving spouse’’; and 

6 (IV) by adding at the end the fol7 lowing: 

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

9 child or children— 

10 ‘‘(i) of a miner whose death is due to pneumo11 coniosis; 

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

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

14 miner who is found entitled to receive benefits at the 

15 time of the miner’s death as a result of the miner’s 

16 claim filed under part C; 

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

18 benefits at the time of the miner’s death as a result 

19 of the miner’s 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 at the time of the miner’s 

18 death as a result of the miner’s claim 

19 filed under part C, (iii) who is found 

20 entitled to receive benefits at the time 

21 of the miner’s death as a result of the 

22 miner’s claim filed under part C be23 fore January 1, 1982, or (iv) in a 

24 claim filed under part C before Janu25 ary 1, 1982, who was totally disabled 


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1 by pneumoconiosis at the time of the 

2 miner’s death, (I) in the case of the 

3 dependent surviving brother(s) or sis4 ter(s) of such a miner who is not sur5 vived at the time of the miner’s death 

6 by a surviving spouse, child, or par7 ent, (II) in the case of the dependent 

8 parent or parents of a miner (who is 

9 not survived at the time of the miner’s 

10 death by a surviving spouse or child) 

11 who are entitled to the payment of 

12 benefits under paragraph (5) of sec13 tion 411(c), or (III) in the case of the 

14 dependent surviving brother(s) or sis15 ter(s) of a miner (who is not survived 

16 at the time of the miner’s death by a 

17 surviving spouse, child, or parent) 

18 who are entitled to the payment of 

19 benefits under paragraph (5) of sec20 tion 411(c), benefits shall be paid 

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

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

23 rate specified in paragraph (3) (as if 

24 such parent(s) or such brother(s) or 


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1 sister(s), were the children of such 

2 miner).’’; and 

3 (II) in the fourth sentence— 

4 (aa) by striking ‘‘brother 

5 only if he’’ and inserting ‘‘broth6 er or sister only if the brother or 

7 sister’’; and 

8 (bb) by striking ‘‘before he 

9 ceased’’ and inserting ‘‘before the 

10 brother or sister ceased’’; and 

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

12 ‘‘prescribed by him’’ and inserting ‘‘pre13 scribed by such Secretary’’; 

14 (B) in subsection (b)— 

15 (i) by striking ‘‘his’’ each place it ap16 pears and inserting ‘‘such miner’s’’; and 

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

18 appears and inserting ‘‘surviving spouse’’; 

19 and 

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

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

22 Revenue Code of 1986’’; 

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

24 (A) in subsection (b)— 


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1 (i) in the second sentence, by striking 

2 ‘‘his wife’s affidavits’’ and inserting ‘‘affi3 davits of the miner’s spouse’’; 

4 (ii) in the ninth sentence, by striking 

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

6 and 

7 (iii) by striking the last sentence; and 

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

9 claim’’ and inserting ‘‘the claim’’; 

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

11 (A) in subsection (a)— 

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

13 ‘‘widow, within six months after the death 

14 of her husband’’ and inserting ‘‘surviving 

15 spouse, within six months after the death 

16 of the miner’’; and 

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

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

19 (B) in subsection (e)— 

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

21 ‘‘surviving spouse’’; and 

22 (ii) by striking ‘‘his death’’ and insert23 ing ‘‘the miner’s death’’; 

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


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

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

3 Revenue Code of 1986’’; and 

4 (B) in paragraph (2)— 

5 (i) by striking ‘‘he’’ and inserting 

6 ‘‘such Secretary’’; and 

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

8 ‘‘such Secretary’’; 

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

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

11 and inserting ‘‘spouses’’; and 

12 (B) in subsection (b)(2)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘he’’ and inserting 

15 ‘‘such Secretary’’; and 

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

17 ‘‘promulgated by him’’ and inserting ‘‘pro18 mulgated by such Secretary’’; 

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

20 (A) in subsection (a)— 

21 (i) by striking ‘‘Internal Revenue 

22 Code of 1954’’ and inserting ‘‘Internal 

23 Revenue Code of 1986’’; and 

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

25 ‘‘such Secretary’’; 


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1 (B) in subsection (i)(4), by striking ‘‘Inter2 nal Revenue Code of 1954’’ and inserting ‘‘In3 ternal Revenue Code of 1986’’; and 

4 (C) in subsection (j), by striking ‘‘Internal 

5 Revenue Code of 1954’’ each place it appears 

6 and inserting ‘‘Internal Revenue Code of 

7 1986’’; 

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

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

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

11 (A) in the matter following subparagraph 

12 (B) of paragraph (1), by striking ‘‘him’’ and in13 serting ‘‘such operator’’; 

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

15 Revenue Code of 1954’’ each place it appears 

16 and inserting ‘‘Internal Revenue Code of 

17 1986’’; and 

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

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

20 Revenue Code of 1986’’; 

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

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

23 and inserting ‘‘such operator’’; and 

24 (B) in subsection (b)— 


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1 (i) in the first sentence, by striking 

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

3 (ii) in the third sentence, by striking 

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

5 (iii) in the ninth sentence— 

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

7 appears and inserting ‘‘the Sec8 retary’’; and 

9 (II) by striking ‘‘his’’ and insert10 ing ‘‘the miner’s’’; and 

11 (iv) in the tenth sentence, by striking 

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

13 ‘‘the Secretary’’; and 

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

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

16 ‘‘1977,’’; and 

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

18 ‘‘1981, and the Black Lung Benefits Improve19 ment Act of 2017, and any amendments made 

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

21 SEC. 112. READJUDICATING CASES INVOLVING CERTAIN 

22 CHEST RADIOGRAPHS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) COVERED CHEST RADIOGRAPH.—The term 

25 ‘‘covered chest radiograph’’ means a chest 


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1 radiograph that was interpreted as negative for sim2 ple pneumoconiosis, complicated pneumoconiosis, or 

3 progressive massive fibrosis by a physician with re4 spect to whom the Secretary has directed, in writing 

5 and after an evaluation by the Secretary, that such 

6 physician’s negative interpretations of chest 

7 radiographs not be credited, except where subse8 quently determined to be credible by the Secretary 

9 in evaluating a claim for benefits under the Black 

10 Lung Benefits Act (30 U.S.C. 901 et seq.). 

11 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

12 individual’’ means an individual whose record for a 

13 claim for benefits under the Black Lung Benefits 

14 Act includes a covered chest radiograph. 

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

16 survivor’’ means an individual who— 

17 (A) is a survivor of a covered individual 

18 whose claim under the Black Lung Benefits Act 

19 was still pending at the time of the covered in20 dividual’s death; and 

21 (B) continued to seek an award with re22 spect to the covered individual’s claim after the 

23 covered individual’s death. 

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1 fits Act (30 U.S.C. 901 et seq.) was denied prior to the 

2 enactment of this Act may file a new claim for benefits 

3 under this Act not later than one year after the date of 

4 enactment of this Act. 

5 (c) ADJUDICATION ON THE MERITS.— 

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

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

8 shall not include consideration of a covered chest 

9 radiograph. 

10 (2) COVERED SURVIVOR.—Any new claim filed 

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

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

13 depending upon the type of claim pending at the 

14 time of the covered individual’s death. 

15 (d) TIME OF PAYMENT.— 

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

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

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

19 benefits shall be payable beginning with the month 

20 of the filing of the denied claim that had included 

21 in its record a covered chest radiograph. 

22 (2) SURVIVOR’S CLAIM.—If a claim, filed under 

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

24 as a survivor’s claim, results in an award of benefits, 


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1 benefits shall be payable beginning with the month 

2 of the miner’s death. 

3 (e) CONTRIBUTING IMPACT.—The Secretary shall 

4 have the discretion to deny a new claim under subsection 

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

6 establishes through clear and convincing evidence that a 

7 covered chest radiograph did not contribute to the decision 

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

9 individual or the covered survivor. 

10 (f) LIMITATION ON FILING OF NEW CLAIMS.—A new 

11 claim for benefits may be filed under subsection (b) only 

12 if the original claim was finally denied by a district direc13 tor, an administrative law judge, or the Benefits Review 

14 Board established under section 21(b) of the Longshore 

15 and Harbor Workers’ Compensation Act (33 U.S.C. 

16 921(b)). 

17 SEC. 113. DISCLOSURE OF EMPLOYMENT AND EARNINGS 

18 INFORMATION FOR BLACK LUNG BENEFITS 

19 ACT CLAIMS. 

20 (a) TAX RETURN INFORMATION.—Section 6103(l) of 

21 the Internal Revenue Code of 1986 is amended by adding 

22 at the end the following new paragraph: 

23 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

24 TO DEPARTMENT OF LABOR TO CARRY OUT BLACK

25 LUNG BENEFITS ACT.— 


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

2 Social Security shall, on written request with 

3 respect to any individual, disclose to officers or 

4 employees of the Department of Labor return 

5 information from returns with respect to net 

6 earnings from self-employment (as defined in 

7 section 1402) and wages (as defined in section 

8 3121(a) or 3401(a)) for employment for each 

9 employer of such individual. 

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

11 Commissioner of Social Security shall disclose 

12 return information under subparagraph (A) 

13 only for purposes of, and the extent necessary 

14 in, carrying out the proper administration of 

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

16 seq.).’’. 

17 (b) SOCIAL SECURITY EARNINGS INFORMATION.— 

18 Notwithstanding section 552a of title 5, United States 

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

20 Commissioner of Social Security shall make available to 

21 the officers and employees of the Department of Labor, 

22 upon written request, the Social Security earnings infor23 mation of living or deceased individuals who are the sub24 ject of a claim under the Black Lung Benefits Act (30 

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


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

2 made available in electronic form. 

3 PART B—REPORTS TO IMPROVE THE ADMINIS4 TRATION OF BENEFITS UNDER THE BLACK 

5 LUNG BENEFITS ACT 

6 SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICA7 TION. 

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

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

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

11 and Pensions and the Committee on Appropriations of the 

12 Senate and the Committee on Education and the Work13 force and the Committee on Appropriations of the House 

14 of Representatives a comprehensive strategy to reduce the 

15 backlog of cases pending on such date of enactment before 

16 the Office of Administrative Law Judges of the Depart17 ment of Labor. 

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

19 this section shall provide information relating to— 

20 (1) the current and targeted pendency for each 

21 category of cases before the Office of Administrative 

22 Law Judges of the Department of Labor; 

23 (2) the number of administrative law judges, 

24 attorney advisors supporting such judges, support 

25 staff, and other resources necessary to achieve and 


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1 maintain the targeted pendency for each category of 

2 such cases; 

3 (3) the necessary resources to improve effi4 ciency and effectiveness, such as equipment for video 

5 conferences, training, use of reemployed annuitants, 

6 and administrative reforms; 

7 (4) the impact of sequestration, furloughs, and 

8 the Federal Government shutdown, which occurred 

9 from October 1 to October 16, 2013, on increasing 

10 administrative burdens and the backlog of cases 

11 pending before such office; and 

12 (5) with respect to claims filed under the Black 

13 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec14 essary resources needed to reduce the average pend15 ency of cases to less than 12 months from the date 

16 of receipt of the case to the date of disposition of 

17 such case. 

18 (c) CONSULTATION.—In preparing such strategy, the 

19 Secretary of Labor shall consult with organizations that 

20 have ongoing interactions with the Office of Administra21 tive Law Judges of the Department of Labor, including 

22 organizations that represent parties in cases under the 

23 Black Lung Benefits Act, the Longshore and Harbor 

24 Workers’ Compensation Act (33 U.S.C. 901 et seq.), and 


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1 Federal statutes regarding whistleblowers, wages and 

2 hours for employees, and immigration. 

3 SEC. 122. GAO REPORT ON BLACK LUNG PROGRAM. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of enactment of this Act, the Comptroller General 

6 of the United States shall submit to the Committee on 

7 Health, Education, Labor, and Pensions of the Senate and 

8 the Committee on Education and the Workforce of the 

9 House of Representatives a report on any barriers to 

10 health care faced by coal miners with pneumoconiosis. 

11 (b) CONTENTS.—The report required under sub12 section (a) shall include— 

13 (1) an assessment of possible barriers to health 

14 care under the Black Lung Benefits Act (30 U.S.C. 

15 901 et seq.) and the degree to which any barriers 

16 impact the ability of miners with legitimate medical 

17 needs, particularly such miners in rural areas, to ac18 cess treatment for pneumoconiosis; 

19 (2) recommendations necessary to address 

20 issues, if any, relating to patient access to care 

21 under such Act; and 

22 (3) an evaluation of whether the benefit pay23 ments authorized under such Act, as amended by 

24 this Act, are sufficient to meet the expenses of dis25 abled miners, surviving spouses, dependents, and 


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1 other family members entitled to receive benefits 

2 under the Black Lung Benefits Act. 

3 TITLE II—STANDARD FOR RES4 PIRABLE DUST CONCENTRA5 TION 

6 SEC. 201. STANDARD FOR RESPIRABLE DUST CONCENTRA7 TION. 

8 Section 202 of the Federal Mine Safety and Health 

9 Act of 1977 (30 U.S.C. 842) is amended by adding at 

10 the end the following: 

11 ‘‘(i) REPORTS.— 

12 ‘‘(1) RETROSPECTIVE STUDY.— 

13 ‘‘(A) IN GENERAL.—Beginning on August 

14 1, 2021, the Secretary shall conduct a retro15 spective study evaluating data collected using 

16 continuous personal dust monitors to determine 

17 whether to— 

18 ‘‘(i) lower the applicable standard for 

19 respirable dust concentration to protect the 

20 health of miners; 

21 ‘‘(ii) increase the frequency for taking 

22 samples of respirable dust concentration, 

23 using continuous personal dust monitors; 

24 ‘‘(iii) modify the engineering controls 

25 and work practices used by mine operators 


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1 to comply with the applicable standard for 

2 respirable dust concentration; 

3 ‘‘(iv) convert samples taken for shifts 

4 that are greater than 8 hours to an 8-hour 

5 equivalent concentration to more accu6 rately assess the conditions of miners 

7 working on longer shifts; and 

‘‘(v) lower the 100 μg/m3 8 standard for 

9 quartz (crystalline silica) in respirable dust 

10 to better protect miners’ health. 

11 ‘‘(B) COMPLETION DEADLINE.—By Au12 gust 1, 2022, the Secretary shall complete the 

13 study required by subparagraph (A) and report 

14 the findings of such study to the Committee on 

15 Health, Education, Labor, and Pensions of the 

16 Senate and the Committee on Education and 

17 the Workforce of the House of Representatives. 

18 ‘‘(2) SUBSEQUENT STUDIES.—By August 1, 

19 2025, and every 3 years thereafter, the Secretary 

20 shall conduct a new study as described in paragraph 

21 (1)(A) and report, by not later than one year after 

22 the commencement of the study, the findings of such 

23 study to the Committee on Health, Education, 

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1 mittee on Education and the Workforce of the 

2 House of Representatives. 

3 ‘‘(3) REVISED STANDARDS.—If any report of 

4 the Secretary under this subsection concludes that 

5 the applicable standard for respirable dust con6 centration should be lowered to protect the health of 

7 miners, or that the incidence of pneumoconiosis 

8 among coal miners in the United States, as reported 

9 by the National Institute for Occupational Safety 

10 and Health, has not been reduced from such inci11 dence prior to the implementation of the most recent 

12 applicable standard for respirable dust concentra13 tion, the Secretary shall, consistent with the require14 ments of this section and section 101, accordingly 

15 revise such standard and any applicable sampling or 

16 testing procedures not later than 24 months after 

17 the publication of such report of the Secretary under 

18 this subsection.’’. 

19 TITLE III—ESTABLISHING THE 

20 OFFICE OF WORKERS’ COM21 PENSATION PROGRAMS 

22 SEC. 301. OFFICE OF WORKERS’ COMPENSATION PRO23 GRAMS. 

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

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1 pensation Programs (referred to in this section as the ‘‘Of2 fice’’). 

3 (b) DIRECTOR.— 

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

5 by a Director for the Office of Workers’ Compensa6 tion (referred to in this title as the ‘‘Director’’) who 

7 shall be appointed by the President, by and with the 

8 advice and consent of the Senate. 

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

10 duties carried out by the Director for the Office of 

11 Workers’ Compensation as of the day before the 

12 date of enactment of this Act. 

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

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

15 functions of the Office on the day before the date of enact16 ment of this Act, including all of its personnel, assets, au17 thorities, and liabilities. 

18 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM19 PENSATION.—Reference in any other Federal law, Execu20 tive order, reorganization plan, rule, regulation, or delega21 tion of authority, or any document of or relating to the 

22 Bureau of Employees’ Compensation with regard to func23 tions carried out by the Office of Workers’ Compensation 

24 Programs, shall be deemed to refer to the Office of Work25 ers’ Compensation Programs. 


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1 TITLE IV—SEVERABILITY 

2 SEC. 401. SEVERABILITY. 

3 If any provision of this Act, or an amendment made 

4 by this Act, or the application of such provision to any 

5 person or circumstance, is held to be invalid, the remain6 der of this Act, or an amendment made by this Act, or 

7 the application of such provision to other persons or cir8 cumstances, shall not be affected. 

Æ 


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