II 

118TH CONGRESS 

1ST SESSION S. 3304 

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 

NOVEMBER 15, 2023 

Mr. CASEY (for himself, Mr. FETTERMAN, Mr. KAINE, Mr. WARNER, Mr. 

MANCHIN, and Mr. BROWN) 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 2023’’. 

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. 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 

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1 ing their employment. Yet, the determination of a 

2 claimant’s eligibility for these benefits often requires 

3 complex, adversarial litigation. Resource disparities 

4 between coal companies and such claimants are 

5 widespread within the statutory and regulatory 

6 framework. Comprehensive reforms are necessary to 

7 ensure that coal miners and their survivors can get 

8 access to the workers compensation benefits they are 

9 entitled to receive and are not at a disadvantage 

10 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. Without better options 

16 for legal representation, significant numbers of such 

17 claimants proceed with their claims through a com18 plex and potentially long administrative process 

19 without resources that Department of Labor officials 

20 and black lung disease experts note are important 

21 for developing evidence and supporting their claims. 

22 Only 42 percent of claimants are represented by an 

23 attorney during the initial claims determination. Ab24 sent efforts to remedy administrative problems and 

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1 taining benefits, claimants with meritorious claims 

2 will not receive benefits. Reforms are necessary to 

3 help miners and their survivors access legal rep4 resentation. 

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

6 payments under the Black Lung Benefits Act do not 

7 automatically increase with the rising cost of living. 

8 Benefit payments are tied to the monthly pay rate 

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

10 multiple fiscal years between 2010 and the enact11 ment of this Act, there was a pay freeze for Federal 

12 employees, which had the effect of eliminating cost13 of-living adjustments for miners, surviving spouses, 

14 and dependents under the Black Lung Benefits Act 

15 during such years. Reforms are needed to ensure 

16 that benefits are not eroded due to inflation and are 

17 brought up to date to keep up with the cost of liv18 ing. 

19 (4) Congress intended for coal companies to 

20 have primary responsibility for benefits due to black 

21 lung disease acquired by their workers. However, be22 cause many companies have self-insured their obliga23 tions without proper collateral available and subse24 quently defaulted on those obligations, too many 

25 former workers have had to rely on the public Black 


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1 Lung Disability Trust Fund as a backstop. Reforms 

2 are needed to ensure that companies are prepared to 

3 meet their primary responsibilities and that their 

4 plans for self-insurance are fiscally sound. 

5 (5) Black lung disease has been the underlying 

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

7 miners since 1968. After decades of decline, the inci8 dence of coal miners with black lung disease is on 

9 the rise, recently reaching levels not seen in 25 

10 years. According to the National Institute for Occu11 pational Safety and Health, miners are developing 

12 advanced cases of the disease at younger ages. In re13 sponse, the Department of Labor took important 

14 steps to combat the disease, including promulgating 

15 a rule in 2014 that reduced the allowed concentra16 tion of coal dust and addressed weaknesses in the 

17 dust sampling system. Retrospective studies should 

18 be continued to determine whether revisions to the 

19 standards are necessary to eliminate the disease. 

20 The Mine Safety and Health Administration of the 

21 Department of Labor has made clear its intent to 

22 issue rules around respirable crystalline silica. In the 

23 interim, the Mine Safety and Health Administration 

24 launched an enforcement initiative to protect miners 

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1 ca. Under this initiative, the Mine Safety and Health 

2 Administration will conduct inspections on silica 

3 hazards and expand silica sampling at mines. The 

4 Mine Safety and Health Administration will also 

5 provide mine operators with compliance assistance 

6 and best practices to limit miners’ exposure to harm7 ful silica dust. 

8 TITLE I—BLACK LUNG BENEFITS 

9 PART A—IMPROVING THE PROCESS FOR FILING 

10 AND ADJUDICATING CLAIMS FOR BENEFITS 

11 SEC. 101. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN12 ERS AND THEIR DEPENDENT FAMILY MEM13 BERS. 

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

15 U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex16 amination, and treatment’’ and all that follows through 

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

18 and treatment of respiratory and pulmonary impairments 

19 in active and inactive coal miners and for assistance on 

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

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


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1 SEC. 102. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN2 EFITS. 

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

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

5 inserting the following: 

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

7 other medically accepted and relevant test or proce8 dure establishes that a miner is suffering or has suf9 fered from a chronic dust disease of the lung, diag10 nosed as complicated pneumoconiosis or progressive 

11 massive fibrosis (as determined in accordance with 

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

13 irrebuttable presumption that such miner is totally 

14 disabled due to pneumoconiosis, that the miner’s 

15 death was due to pneumoconiosis, or that at the 

16 time of death the miner was totally disabled by 

17 pneumoconiosis, as the case may be. 

18 ‘‘(B) For purposes of subparagraph (A), com19 plicated pneumoconiosis or progressive massive fi20 brosis can be established by any of the following: 

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

22 or more large opacities whose greatest diameter 

23 exceeds 1 centimeter and would be classified in 

24 Category A, B, or C in the International Classi25 fication of Radiographs of Pneumoconioses by 

26 the International Labour Organization, in the 


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1 absence of more probative evidence sufficient to 

2 establish that the etiology of the large opacity 

3 is not pneumoconiosis. 

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

5 more large opacities whose greatest diameter 

6 exceeds 1 centimeter, in the absence of more 

7 probative evidence sufficient to establish that 

8 the etiology of the large opacity is not pneumo9 coniosis. 

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

11 would yield a lesion at least 1 centimeter in its 

12 long axis diameter if measured at the time of 

13 gross dissection. 

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

15 would reasonably be expected to yield results 

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

17 SEC. 103. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

18 SECRETARY. 

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

20 931 et seq.) is amended by adding at the end the fol21 lowing: 

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

23 SECRETARY. 

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

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1 retary shall provide the claimant an opportunity to sub2 stantiate the claim through a complete pulmonary evalua3 tion of the miner that shall include— 

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

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

6 and in accordance with subsection (e)(5) and sec7 tions 402(f)(1)(D) and 413(b); and 

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

9 met, any supplemental medical evidence described in 

10 subsection (d). 

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

12 whether there is complicated pneumoconiosis as a part of 

13 the complete pulmonary evaluation conducted under sub14 section (a), the Secretary shall authorize a high-quality, 

15 low-dose or standard computerized tomography scan 

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

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

18 radiograph associated with an exam conducted under 

19 section 413(b) finds pneumoconiosis (ILO category 

20 2/1 or greater). 

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

22 radiograph associated with an exam conducted under 

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


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1 ‘‘(c) CONDITIONS FOR SUPPLEMENTAL MEDICAL

2 EVIDENCE.—The Secretary shall develop supplemental 

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

4 ‘‘(1) for any claim in which the Secretary rec5 ommends an award of benefits based on the results 

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

7 party opposing such award submits evidence that 

8 could be considered contrary to the findings of the 

9 Secretary; and 

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

11 heard by an administrative law judge, in which— 

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

13 the claimant; 

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

15 submitted evidence not previously reviewed that 

16 could be considered contrary to the award 

17 under subparagraph (A); and 

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

19 represented by an attorney, the claimant’s at20 torney consents to the Secretary developing 

21 supplemental medical evidence. 

22 ‘‘(d) PROCESS FOR SUPPLEMENTAL MEDICAL EVI23 DENCE.— 

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

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1 dence under conditions described in subsection (c), 

2 the Secretary shall request the physician who con3 ducted the initial report under subsection (a)(1) 

4 to— 

5 ‘‘(A) review any medical evidence sub6 mitted after such report or the most recent sup7 plemental report, as appropriate; and 

8 ‘‘(B) update his or her opinion in a supple9 mental report. 

10 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi11 cian is no longer available or is unwilling to provide 

12 supplemental medical evidence under paragraph (1), 

13 the Secretary shall select another qualified physician 

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

15 provide such evidence. 

16 ‘‘(e) QUALIFIED PHYSICIANS FOR COMPLETE PUL17 MONARY EVALUATION AND PROTECTIONS FOR SUIT18 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

19 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec20 retary shall create and maintain a list of qualified 

21 physicians to be selected by a claimant to perform 

22 the complete pulmonary evaluation described in sub23 section (a). 


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

2 shall make the list under this subsection available to 

3 the public. 

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

5 Secretary shall update such list by reviewing the 

6 suitability of the listed qualified physicians and as7 sessing any potential conflicts of interest. 

8 ‘‘(4) CRITERIA FOR SUITABILITY.—The Sec9 retary shall include on the list under this subsection 

10 only those physicians whom the Secretary deter11 mines are qualified, capable, and willing to provide 

12 credible opinions consistent with the premises under13 lying this Act. In determining whether a physician 

14 is suitable to be on such list, the Secretary shall con15 sult the National Practitioner Data Bank of the De16 partment of Health and Human Services and assess 

17 reports of adverse licensure, certifications, hospital 

18 privilege, and professional society actions involving 

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

20 physician— 

21 ‘‘(A) who is not licensed to practice medi22 cine in any State or any territory, common23 wealth, or possession of the United States; 


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

2 licensing board of any State, territory, common3 wealth, or possession of the United States; or 

4 ‘‘(C) whose license is suspended by a med5 ical licensing board of any State, territory, com6 monwealth, or possession of the United States. 

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

8 shall develop and implement policies and procedures 

9 to ensure that any actual or potential conflict of in10 terest of qualified physicians on the list under this 

11 subsection, including both individual and organiza12 tional conflicts of interest, are disclosed to the De13 partment, and to provide such disclosure to claim14 ants. Such policies and procedures shall provide that 

15 a physician shall not be used to perform a complete 

16 pulmonary medical evaluation under subsection (a) 

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

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

19 contract to, or otherwise providing services to a 

20 private party opposing the claim, a law firm or 

21 lawyer representing such opposing party, or an 

22 interested insurer or other interested third 

23 party; or 

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

25 a private party opposing the claim, a law firm 


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1 or lawyer representing such opposing party, or 

2 an interested insurer or other interested third 

3 party in the previous 24 months. 

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

5 supplemental report under this section, the Secretary shall 

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

7 report to all parties to the proceeding. 

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

9 the medical evidence under this section shall be paid for 

10 by the fund. If a claimant receives a final award of bene11 fits, the operator liable for payment of benefits, if any, 

12 shall reimburse the fund for such expenses, which shall 

13 include interest.’’. 

14 SEC. 104. FALSE STATEMENTS OR MISREPRESENTATIONS, 

15 ATTORNEY DISQUALIFICATION, AND DIS16 COVERY SANCTIONS. 

17 Section 431 of the Black Lung Benefits Act (30 

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

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

20 ATTORNEY DISQUALIFICATION, AND DIS21 COVERY SANCTIONS. 

22 ‘‘(a) IN GENERAL.—No person, including any claim23 ant, physician, operator, duly authorized agent of such op24 erator, or employee of an insurance carrier, shall— 


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1 ‘‘(1) knowingly and willfully make a false state2 ment or misrepresentation for the purpose of obtain3 ing, increasing, reducing, denying, or terminating 

4 benefits under this title; or 

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

6 intimidate, deceive, or mislead a party, representa7 tive, witness, potential witness, judge, or anyone par8 ticipating in a proceeding regarding any matter re9 lated to a proceeding under this title. 

10 ‘‘(b) FINE; IMPRISONMENT.—Any person who en11 gages in the conduct described in subsection (a) shall, 

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

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

14 5 years, or both. 

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

16 Attorney for the district in which the conduct described 

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

18 every reasonable effort to promptly investigate each com19 plaint of a violation of such subsection. 

20 ‘‘(d) DISQUALIFICATION.— 

21 ‘‘(1) IN GENERAL.—An attorney or expert wit22 ness who engages in the conduct described in sub23 section (a) shall, in addition to the fine or imprison24 ment provided under subsection (b), be permanently 


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1 disqualified from representing any party, or appear2 ing in any proceeding, under this title. 

3 ‘‘(2) ATTORNEY DISQUALIFICATION.—In addi4 tion to the disqualification described in paragraph 

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

6 representing any party in any administrative pro7 ceeding under this title for either a limited term or 

8 permanently, if the attorney— 

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

10 that is prejudicial to the fair and orderly con11 duct of such proceeding; or 

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

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

14 territory, commonwealth, or possession of the 

15 United States with jurisdiction over the pro16 ceeding. 

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

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

19 order to compel discovery or disclosure, or to supplement 

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

21 sanctions may include, as appropriate— 

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

23 noncomplying party on the facts relevant to the dis24 covery or disclosure order; 


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

2 defenses, or right to introduce evidence; and 

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

4 noncomplying party. 

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

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

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

8 18 months after such date of enactment, that— 

9 ‘‘(1) provides procedures for the disqualifica10 tions and sanctions under this section and is appro11 priate for all parties; and 

12 ‘‘(2) distinguishes between parties that are rep13 resented by an attorney and parties that are not 

14 represented by an attorney.’’. 

15 SEC. 105. READJUDICATING CASES INVOLVING CERTAIN 

16 CHEST RADIOGRAPHS. 

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

18 931 et seq.), as amended by section 103, is further amend19 ed by adding at the end the following: 

20 ‘‘SEC. 436. READJUDICATING CASES INVOLVING DISCRED21 ITED EXPERT OPINIONS. 

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

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

24 ‘covered chest radiograph’ means a chest radiograph 

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1 coniosis, complicated pneumoconiosis, or progressive 

2 massive fibrosis by a physician with respect to whom 

3 the Secretary has directed, in writing and after an 

4 evaluation by the Secretary, that such physician’s 

5 negative interpretations of chest radiographs not be 

6 credited, except where subsequently determined to be 

7 credible by the Secretary in evaluating a claim for 

8 benefits under this title. 

9 ‘‘(2) COVERED INDIVIDUAL.—The term ‘cov10 ered individual’ means an individual whose record 

11 for a claim for benefits under this title includes a 

12 covered chest radiograph. 

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

14 survivor’ means an individual who— 

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

16 whose claim under this Act was still pending at 

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

18 ‘‘(B) continued to seek an award with re19 spect to the covered individual’s claim after the 

20 covered individual’s death. 

21 ‘‘(b) CLAIMS.—A covered individual or a covered sur22 vivor whose claim for benefits under this title was denied 

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

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


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

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

3 shall not include consideration of a covered chest 

4 radiograph. 

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

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

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

8 depending upon the type of claim pending at the 

9 time of the covered individual’s death. 

10 ‘‘(d) TIME OF PAYMENT.— 

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

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

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

14 benefits shall be payable beginning with the month 

15 of the filing of the denied claim that had included 

16 in its record a covered chest radiograph. 

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

18 under subsection (b) and adjudicated under sub19 section (c) as a survivor’s claim, results in an award 

20 of benefits, benefits shall be payable beginning with 

21 the month of the miner’s death. 

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

23 have the discretion to deny a new claim under subsection 

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

25 establishes through clear and convincing evidence that a 


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1 covered chest radiograph did not contribute to the decision 

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

3 individual or the covered survivor. 

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

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

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

7 director, an administrative law judge, or the Benefits Re8 view Board established under section 21(b) of the 

9 Longshore and Harbor Workers’ Compensation Act (33 

10 U.S.C. 921(b)).’’. 

11 SEC. 106. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY12 MENT PROGRAM. 

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

14 901 et seq.) is amended by adding at the end the fol15 lowing: 

16 ‘‘SEC. 403. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY17 MENT PROGRAM. 

18 ‘‘(a) PROGRAM ESTABLISHED.— 

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

20 after the date of enactment of the Black Lung Bene21 fits Improvement Act of 2023, the Secretary shall 

22 establish a payment program to pay attorneys’ fees 

23 and other reasonable and unreimbursed medical ex24 penses incurred in establishing the claimant’s case, 


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1 using amounts from the fund, to the attorneys of 

2 claimants in qualifying claims. 

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

4 for purposes of this section is a contested claim for 

5 benefits under this title for which a final order has 

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

7 claim. 

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

9 Notwithstanding any other provision of law, 

10 amounts in the fund shall be available for payments 

11 authorized by the Secretary under this section. 

12 ‘‘(b) PAYMENTS AUTHORIZED.— 

13 ‘‘(1) ATTORNEYS’ FEES.—If a claimant for ben14 efits under this title obtains a proposed decision and 

15 order from a district director with an award of bene16 fits for a qualifying claim, or an award for a quali17 fying claim before an administrative law judge, the 

18 district director may approve attorneys’ fees for 

19 work done before such director in an amount not to 

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

21 approve attorneys’ fees for work done before such 

22 judge in an amount not to exceed $3,000. The Sec23 retary shall, through the program under this section, 

24 pay such amounts approved. 


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

2 benefits under this title obtains a proposed decision 

3 and order from a district director with an award of 

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

5 qualifying claim before an administrative law judge, 

6 such district director and administrative law judge 

7 may each approve an award to the claimant’s attor8 ney of reasonable and unreimbursed medical ex9 penses incurred in establishing the claimant’s case in 

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

11 shall, through the program under this section, pay 

12 such amounts approved. 

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

14 program established under this section, shall for any 

15 single qualifying claim pay— 

16 ‘‘(A) not more than a total of $4,500 in at17 torneys’ fees; and 

18 ‘‘(B) not more than $3,000 in medical ex19 penses. 

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

21 which a qualifying claim results in a final order awarding 

22 compensation, the liable operator shall reimburse the fund 

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

24 to enforcement by the Secretary under section 424 and 

25 in the same manner as compensation orders are enforced 


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1 under section 21(d) of the Longshore and Harbor Work2 ers’ Compensation Act (33 U.S.C. 921(d)). 

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

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

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

6 allowable and unreimbursed expenses awarded by the dis7 trict director or an administrative law judge that were not 

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

9 section shall limit or otherwise affect the Secretary’s au10 thority to use amounts in the fund to pay approved attor11 neys’ fees and other allowable and unreimbursed expenses 

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

13 order awarding compensation has been entered and the 

14 operator is unable or refuses to pay. 

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

16 fees or medical expenses made by the Secretary under this 

17 section shall not be recouped from the claimant or the 

18 claimant’s attorney.’’. 

19 SEC. 107. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

20 FOR MINERS SUFFERING FROM BLACK LUNG 

21 DISEASE AND FOR THEIR DEPENDENT FAM22 ILY MEMBERS. 

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

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

25 inserting the following: 


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

2 due to pneumoconiosis, the disabled miner shall be 

3 paid benefits during the disability— 

4 ‘‘(A) for any calendar year preceding January 1, 2024, at a rate equal to 371 5 ⁄2 percent 

6 of the monthly pay rate for Federal employees 

7 in grade GS–2, step 1; 

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

9 January 1, 2024, at a rate of $9,627.60 per 

10 year, payable in 12 equal monthly payments; 

11 and 

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

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

14 under this paragraph for the calendar year im15 mediately preceding such calendar year multi16 plied by the ratio (not less than 1) of— 

17 ‘‘(i) the Consumer Price Index for 

18 Urban Wage Earners and Clerical Work19 ers, as published by the Bureau of Labor 

20 Statistics, for the calendar year imme21 diately preceding such calendar year; to 

22 ‘‘(ii) such Consumer Price Index for 

23 the second calendar year preceding such 

24 calendar year.’’. 


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1 SEC. 108. DISCLOSURE OF EMPLOYMENT AND EARNINGS 

2 INFORMATION FOR BLACK LUNG BENEFITS 

3 CLAIMS. 

4 (a) TAX RETURN INFORMATION.— 

5 (1) IN GENERAL.—Section 6103(l) of the Inter6 nal Revenue Code of 1986 is amended by adding at 

7 the end the following new paragraph: 

8 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

9 TO DEPARTMENT OF LABOR TO CARRY OUT BLACK

10 LUNG BENEFITS ACT.— 

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

12 Social Security shall, on written request with 

13 respect to any individual, disclose to officers or 

14 employees of the Department of Labor return 

15 information from returns with respect to net 

16 earnings from self-employment (as defined in 

17 section 1402) and wages (as defined in section 

18 3121(a) or 3401(a)) for employment for each 

19 employer of such individual. 

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

21 Commissioner of Social Security shall disclose 

22 return information under subparagraph (A) 

23 only for purposes of, and to the extent nec24 essary in, carrying out the proper administra25 tion of the Black Lung Benefits Act (30 U.S.C. 

26 901 et seq.).’’. 


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1 (2) CONFORMING AMENDMENTS.—Section 

2 6103(p)(4) of such Code is amended— 

3 (A) in the matter preceding subparagraph 

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

5 or (23)’’; and 

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

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

8 (b) SOCIAL SECURITY EARNINGS INFORMATION.— 

9 Notwithstanding section 552a of title 5, United States 

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

11 Commissioner of Social Security shall make available to 

12 the officers and employees of the Department of Labor, 

13 upon written request, the Social Security earnings infor14 mation of living or deceased individuals who are the sub15 ject of a claim under the Black Lung Benefits Act (30 

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

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

18 made available in electronic form. 

19 PART B—REPORTS TO IMPROVE THE ADMINIS20 TRATION OF BENEFITS UNDER THE BLACK 

21 LUNG BENEFITS ACT 

22 SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICA23 TION. 

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

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


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•S 3304 IS

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

2 and Pensions and the Committee on Appropriations of the 

3 Senate and the Committee on Education and the Work4 force and the Committee on Appropriations of the House 

5 of Representatives a comprehensive strategy to reduce the 

6 backlog of cases pending on such date of enactment before 

7 the Office of Administrative Law Judges of the Depart8 ment of Labor. 

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

10 this section shall provide information relating to— 

11 (1) the current and targeted pendency for each 

12 category of cases before the Office of Administrative 

13 Law Judges of the Department of Labor; 

14 (2) the number of administrative law judges, 

15 attorney advisors supporting such judges, support 

16 staff, and other resources necessary to achieve and 

17 maintain the targeted pendency for each category of 

18 such cases; 

19 (3) the necessary resources to improve effi20 ciency and effectiveness, such as equipment for video 

21 conferences, training, use of reemployed annuitants, 

22 and administrative reforms; and 

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

24 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec25 essary resources needed to reduce the average pendVerDate Sep 11 2014 00:30 Nov 28, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3304.IS S3304

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1 ency of cases to less than 12 months from the date 

2 of receipt of the case to the date of disposition of 

3 such case. 

4 PART C—IMPROVEMENT IN THE FINANCIAL SE5 CURITY OF THE BLACK LUNG BENEFITS DIS6 ABILITY TRUST FUND 

7 SEC. 131. POLICIES FOR SECURING THE PAYMENT OF BEN8 EFITS. 

9 (a) IN GENERAL.— 

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

11 after the date of enactment of this Act, the Sec12 retary shall publish an interim final rule setting 

13 forth the requirements for an operator of a coal 

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

15 portion of the operator’s liabilities under the Black 

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

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

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

19 after the date of enactment of this Act, the Sec20 retary shall promulgate a final rule setting forth the 

21 requirements for an operator of a coal mine to qual22 ify as a self-insurer with respect to any portion of 

23 the operator’s liabilities under the Black Lung Bene24 fits Act, as described in section 423(a)(1) of such 

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


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

2 shall— 

3 (A) establish criteria, relating to the finan4 cial health of the operator (including credit5 worthiness, long-term enterprise viability, and 

6 other liabilities), on which the eligibility of the 

7 operator to seek and maintain qualification as 

8 a self-insurer shall be determined; 

9 (B) establish procedures to determine on 

10 an annual basis (or more frequently, as deter11 mined necessary by the Secretary) the min12 imum amount of security sufficient to insure 

13 current (as of the date of the determination) 

14 and projected liabilities; and 

15 (C) establish procedures for review by the 

16 Secretary of operator appeals of determinations 

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

18 (b) PENALTIES.— 

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

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

21 amended— 

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

23 ‘‘$25,000’’; 


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

2 chief operating officer,’’ after the word ‘‘presi3 dent,’’ each place it appears; 

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

5 it appears and inserting ‘‘treasurer, and other 

6 responsible party’’; and 

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

8 that follows through ‘‘this section.’’ and insert9 ing ‘‘for— 

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

11 title in respect to any disability which may occur to 

12 any employee of such corporation while it shall so 

13 fail to secure the payment of benefits as required by 

14 this section; or 

15 ‘‘(B) in the event of bankruptcy or other per16 manent abandonment of the obligation to secure the 

17 payment of benefits, the difference between the actu18 arial present value of the benefits to be paid by the 

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

20 date of failure to secure such payment, and any se21 curity recovered or surrendered, with interest.’’. 

22 (2) OTHER RESPONSIBLE PARTY DEFINED.— 

23 Section 402 of the Black Lung Benefits Act (30 

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

25 following: 


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

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

3 corporation, mutual company, joint-stock company, 

4 trust, estate, unincorporated organization, associa5 tion, or other enterprise that possesses, directly or 

6 indirectly, the power to direct or cause the direction 

7 of the management and policies of an operator or 

8 employer; or 

9 ‘‘(2) any trade or business (whether or not in10 corporated) that is under common control with an 

11 operator or employer.’’. 

12 TITLE II—ESTABLISHING THE 

13 OFFICE OF WORKERS’ COM14 PENSATION PROGRAMS 

15 SEC. 201. OFFICE OF WORKERS’ COMPENSATION PRO16 GRAMS. 

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

18 the Department of Labor, an Office of Workers’ Com19 pensation Programs (referred to in this section as the ‘‘Of20 fice’’). 

21 (b) DIRECTOR.— 

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

23 by a Director for the Office of Workers’ Compensa24 tion Programs (referred to in this section as the 


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•S 3304 IS

1 ‘‘Director’’) who shall be appointed by the President, 

2 by and with the advice and consent of the Senate. 

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

4 duties carried out by the Director for the Office of 

5 Workers’ Compensation Programs as of the day be6 fore the date of enactment of this Act. 

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

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

9 functions of the Office on the day before the date of enact10 ment of this Act, including all of its personnel, assets, au11 thorities, and liabilities. 

12 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM13 PENSATION.—Reference in any other Federal law, Execu14 tive order, reorganization plan, rule, regulation, or delega15 tion of authority, or any document of or relating to the 

16 Bureau of Employees’ Compensation with regard to func17 tions carried out by the Office of Workers’ Compensation 

18 Programs, shall be deemed to refer to the Office of Work19 ers’ Compensation Programs. 

20 TITLE III—ADDITIONAL 

21 PROVISIONS 

22 SEC. 301. TECHNICAL AND CONFORMING AMENDMENTS. 

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

24 is amended— 


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1 (1) in section 401(a) (30 U.S.C. 901(a)), by in2 serting ‘‘or who were found to be totally disabled by 

3 such disease’’ after ‘‘such disease’’; 

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

5 (A) in subsection (a), by striking para6 graph (2) and inserting the following: 

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

8 household as the miner, or is receiving regular con9 tributions from the miner for support, or whose 

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

11 to contribute to support, or who meets the require12 ments of paragraph (1) or (2) of section 216(b) of 

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

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

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

16 married to the miner under the laws of the State 

17 where the marriage was celebrated. The term 

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

19 husband’, as such terms are defined in paragraph 

20 (1) or (4) of section 216(d) of such Act, who is re21 ceiving at least one-half of his or her support, as de22 termined in accordance with regulations prescribed 

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

24 substantial contributions from the miner (pursuant 

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


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•S 3304 IS

1 order for substantial contributions to the spouse’s 

2 support from such miner.’’; 

3 (B) by striking subsection (e) and insert4 ing the following: 

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

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

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

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

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

10 (E) of section 216(c)(1) of the Social Security Act, sub11 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

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

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

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

15 under the laws of the State where the marriage was cele16 brated. Such term also includes a ‘surviving divorced wife’ 

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

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

19 for the month preceding the month in which the miner 

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

21 as determined in accordance with regulations prescribed 

22 by the Secretary, from the miner, or was receiving sub23 stantial contributions from the miner (pursuant to a writ24 ten agreement) or there was in effect a court order for 


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•S 3304 IS

1 substantial contributions to the spouse’s support from the 

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

3 (C) in subsection (f)(2)— 

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

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

6 of enactment of the Black Lung Consolida7 tion of Administrative Responsibility Act 

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

9 435(a)’’; and 

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

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

12 of enactment of the Black Lung Consolida13 tion of Administrative Responsibility Act 

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

15 435(b)’’; 

16 (D) in subsection (g)— 

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

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

19 ceased’’; and 

20 (ii) in the matter following paragraph 

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

22 appears and inserting ‘‘surviving spouse’’; 

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

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

25 Revenue Code of 1986’’; and 


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

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

3 Revenue Code of 1986’’; 

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

5 (A) by striking subsection (a) and insert6 ing the following: 

7 ‘‘(a) The Secretary shall, in accordance with the pro8 visions of this title, and the regulations promulgated by 

9 the Secretary under this title, make payments of benefits 

10 in respect of— 

11 ‘‘(1) total disability of any miner due to pneu12 moconiosis; 

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

14 due to pneumoconiosis; 

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

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

17 part C prior to January 1, 1982; 

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

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

20 after March 23, 2010, where the miner is found en21 titled to receive benefits on a claim filed under part 

22 C; and 

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

24 found entitled to receive benefits on a claim filed 

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


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•S 3304 IS

1 (B) in subsection (c)— 

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

3 pneumoconiosis’’ and inserting ‘‘the min4 er’s pneumoconiosis’’; and 

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

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

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

8 (A) in subsection (a)— 

9 (i) by striking paragraph (2) and in10 serting the following: 

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

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

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

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

16 a miner who is found entitled to receive benefits on 

17 a claim filed under part C; 

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

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

21 ‘‘(D) 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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•S 3304 IS

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

2 the rate the deceased miner would receive such benefits 

3 if the miner were totally disabled.’’; 

4 (ii) in paragraph (3)— 

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

6 and all that follows through ‘‘section 

7 411(c)’’ and inserting the following: 

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

9 children of a miner described in sub10 paragraph (B)’’; 

11 (II) by striking ‘‘he’’ each place 

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

13 (III) by striking ‘‘widow’’ each 

14 place it appears and inserting ‘‘sur15 viving spouse’’; and 

16 (IV) by adding at the end the fol17 lowing: 

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

19 child or children— 

20 ‘‘(i) of a miner whose death is due to pneumo21 coniosis; 

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

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

24 miner who is found entitled to receive benefits on a 

25 claim filed under part C; 


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

2 benefits on a claim filed under part C before Janu3 ary 1, 1982; 

4 ‘‘(iv) in a claim filed under part C before Janu5 ary 1, 1982, of a miner who was totally disabled by 

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

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

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

9 surviving spouse’s death; or 

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

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

12 (iii) in paragraph (5)— 

13 (I) by striking the first sentence 

14 and inserting the following: ‘‘In the 

15 case of the dependent parent or par16 ents of a miner who is not survived at 

17 the time of death by a surviving 

18 spouse or a child and (i) whose death 

19 is due to pneumoconiosis, (ii) in a 

20 claim filed after January 1, 2005, 

21 that is pending on or after March 23, 

22 2010, who is found entitled to receive 

23 benefits on a claim filed under part C, 

24 (iii) who is found entitled to receive 

25 benefits on a claim filed under part C 


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•S 3304 IS

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

2 claim filed under part C before Janu3 ary 1, 1982, who was totally disabled 

4 by pneumoconiosis at the time of the 

5 miner’s death; in the case of the de6 pendent surviving brother(s) or sis7 ter(s) of such a miner who is not sur8 vived at the time of the miner’s death 

9 by a surviving spouse, child, or par10 ent; in the case of the dependent par11 ent or parents of such a miner (who 

12 is not survived at the time of the min13 er’s death by a surviving spouse or 

14 child) who are entitled to the payment 

15 of benefits under paragraph (5) of 

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

17 dependent surviving brother(s) or sis18 ter(s) of such a miner (who is not sur19 vived at the time of the miner’s death 

20 by a surviving spouse, child, or par21 ent) who are entitled to the payment 

22 of benefits under paragraph (5) of 

23 section 411(c), benefits shall be paid 

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

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


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•S 3304 IS

1 rate specified in paragraph (3) (as if 

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

3 sister(s), were the children of such 

4 miner).’’; and 

5 (II) in the fourth sentence— 

6 (aa) by striking ‘‘brother 

7 only if he’’ and inserting ‘‘broth8 er or sister only if the brother or 

9 sister’’; and 

10 (bb) by striking ‘‘before he 

11 ceased’’ and inserting ‘‘before the 

12 brother or sister ceased’’; and 

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

14 ‘‘prescribed by him’’ and inserting ‘‘pre15 scribed by the Secretary’’; 

16 (B) in subsection (b)— 

17 (i) by striking ‘‘his’’ each place it ap18 pears and inserting ‘‘such miner’s’’; and 

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

20 appears and inserting ‘‘surviving spouse’’; 

21 and 

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

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

24 Revenue Code of 1986’’; 

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


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1 (A) in subsection (b)— 

2 (i) in the second sentence, by striking 

3 ‘‘his wife’s affidavits’’ and inserting ‘‘affi4 davits of the miner’s spouse’’; 

5 (ii) in the ninth sentence, by striking 

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

7 and 

8 (iii) by striking the last sentence; and 

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

10 claim’’ and inserting ‘‘the claim’’; 

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

12 (A) in subsection (a)— 

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

14 ‘‘widow, within six months after the death 

15 of her husband’’ and inserting ‘‘surviving 

16 spouse, within six months after the death 

17 of the miner’’; and 

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

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

20 (B) in subsection (e)— 

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

22 ‘‘surviving spouse’’; and 

23 (ii) by striking ‘‘his death’’ and insert24 ing ‘‘the miner’s death’’; 

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


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•S 3304 IS

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 ‘‘the 

6 Secretary’’; and 

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

8 ‘‘the 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 ‘‘the Secretary’’; and 

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

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


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•S 3304 IS

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

2 effect on the day before the date of enactment 

3 of the Black Lung Consolidation of Administra4 tive Responsibility Act (Public Law 107–275)’’ 

5 after ‘‘section 435’’; 

6 (C) in subsection (i)(4), by striking ‘‘Inter7 nal Revenue Code of 1954’’ and inserting ‘‘In8 ternal Revenue Code of 1986’’; and 

9 (D) in subsection (j)— 

10 (i) by striking ‘‘Internal Revenue 

11 Code of 1954’’ each place it appears and 

12 inserting ‘‘Internal Revenue Code of 

13 1986’’; and 

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

15 as in effect on the day before the date of 

16 enactment of the Black Lung Consolida17 tion of Administrative Responsibility Act 

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

19 435’’; 

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

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

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

23 (A) in the matter following subparagraph 

24 (B) of paragraph (1), by striking ‘‘him’’ and in25 serting ‘‘such operator’’; 


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•S 3304 IS

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

2 Revenue Code of 1954’’ each place it appears 

3 and inserting ‘‘Internal Revenue Code of 

4 1986’’; and 

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

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

7 Revenue Code of 1986’’; 

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

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

10 and inserting ‘‘such operator’’; and 

11 (B) in subsection (b)— 

12 (i) in the first sentence, by striking 

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

14 (ii) in the third sentence, by striking 

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

16 (iii) in the ninth sentence— 

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

18 appears and inserting ‘‘the Sec19 retary’’; and 

20 (II) by striking ‘‘his’’ and insert21 ing ‘‘the miner’s’’; and 

22 (iv) in the tenth sentence, by striking 

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

24 ‘‘the Secretary’’; and 

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


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46 

•S 3304 IS

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

2 ‘‘1977,’’; and 

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

4 ‘‘1981, and the Black Lung Benefits Improve5 ment Act of 2023, and any amendments made 

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

7 SEC. 302. SEVERABILITY. 

8 If any provision of this Act or any amendment made 

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

10 or an amendment made by this Act to any person or cir11 cumstance, is held to be unconstitutional, the remainder 

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

13 the application of the provisions or amendment to any 

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

15 holding. 

Æ 


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