II 

113TH CONGRESS 

1ST SESSION S. 1416 

To protect miners from pneumoconiosis (commonly known as black lung 

disease), and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2013 

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

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

A BILL 

To 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 Health 

5 Improvements Act of 2013’’. 

6 SEC. 2. TECHNOLOGY RELATED TO RESPIRABLE DUST. 

7 Section 202(d) of the Federal Mine Safety and 

8 Health Act of 1977 (30 U.S.C. 842(d)) is amended— 

9 (1) by striking ‘‘of Health, Education, and Wel10 fare’’; and 


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1 (2) by striking the second sentence and insert2 ing the following: ‘‘Not later than 6 months after 

3 the date of enactment of the Black Lung Health Im4 provements Act of 2013, the Secretary shall issue a 

5 final regulation lowering permissible exposure levels 

6 to respirable dust and updating sampling and test7 ing procedures, in order to provide the maximum 

8 feasible protection from respirable dust, including 

9 coal and silica dust, that is achievable through envi10 ronmental and engineering controls. Not later than 

11 5 years after the date of issuance of such final regu12 lation, and once every 5 years thereafter, the Sec13 retary shall reexamine the incidence of pneumo14 coniosis in miners and, unless there is a decline in 

15 pneumoconiosis, shall update the regulation.’’. 

16 SEC. 3. BLACK LUNG MEDICAL REPORTS. 

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

18 is amended by inserting after section 402 the following: 

19 ‘‘SEC. 403. MEDICAL REPORTS. 

20 ‘‘In any claim for benefits for a miner under this title, 

21 an operator that requires a miner to submit to a medical 

22 examination regarding the miner’s respiratory or pul23 monary condition shall, not later than 14 days after the 

24 miner has been examined, deliver to the claimant a com25 plete copy of the examining physician’s report. The examVerDate Mar 15 2010 00:01 Aug 06, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1416.IS S1416

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1 ining physician’s report shall be in writing and shall set 

2 out in detail the examiner’s findings, including any diag3 noses and conclusions and the results of any diagnostic 

4 imaging techniques and tests that were performed on the 

5 miner.’’. 

6 SEC. 4. GAO REPORT ON BLACK LUNG DISEASE. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Comptroller General 

9 of the United States shall submit to Congress a report 

10 on any barriers to health care faced by people with pneu11 moconiosis. 

12 (b) CONTENTS.—The report required under sub13 section (a) shall include— 

14 (1) a review of the application process, includ15 ing the appeals process, with respect to the Black 

16 Lung Disability Trust Fund established by section 

17 9501 of the Internal Revenue Code of 1986; 

18 (2) an assessment of possible barriers to care 

19 through the Black Lung Disability Trust Fund, and 

20 the degree to which any barriers impact the ability 

21 of patients with legitimate medical needs, particu22 larly those patients in rural areas, to access treat23 ment for pneumoconiosis; 


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1 (3) recommendations necessary to address 

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

3 through the Black Lung Disability Trust Fund; and 

4 (4) an evaluation of whether the current benefit 

5 payments authorized under the Black Lung Benefits 

6 Act (30 U.S.C. 901 et seq.) as of the date of the re7 port, are sufficient to meet the expenses of disabled 

8 miners and survivors. 

9 SEC. 5. REVIEW OF BLACK LUNG BENEFITS PROGRAM 

10 FORMS. 

11 (a) REVIEW OF FEDERAL BLACK LUNG BENEFITS

12 PROGRAM FORMS.—Not later than 6 months after the 

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

14 conduct a review of the forms related to obtaining workers’ 

15 compensation benefits under the Black Lung Benefits Act 

16 (30 U.S.C. 901 et seq.) to determine any paperwork bar17 riers that may exist to speedily receiving and processing 

18 pneumoconiosis benefits claims and the feasibility of re19 ducing the forms required of applicants to such program. 

20 (b) REPORT TO CONGRESS.—Not later than 1 year 

21 after the date of the enactment of this Act, the Secretary 

22 of Labor shall prepare and submit a report to Congress 

23 regarding— 

24 (1) any changes that the Department has im25 plemented to reduce the forms and paperwork inVerDate Mar 15 2010 00:01 Aug 06, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1416.IS S1416

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1 volved in receiving and processing pneumoconiosis 

2 claims under the Black Lung Benefits Act (30 

3 U.S.C. 901 et seq.); and 

4 (2) any administrative barriers identified in the 

5 review conducted under subsection (a) that the De6 partment of Labor has addressed. 

7 SEC. 6. GRANT FUNDS TO STUDY THE PREVENTION AND 

8 TREATMENT OF BLACK LUNG DISEASE. 

9 Section 14(d) of the Mine Improvement and New 

10 Emergency Response Act of 2006 (30 U.S.C. 965(d)) is 

11 amended— 

12 (1) by striking ‘‘or to develop’’ and inserting 

13 ‘‘to develop’’; and 

14 (2) by inserting ‘‘, or for research and outreach 

15 related to the prevention and treatment of pneumo16 coniosis’’ before the period at the end. 

17 SEC. 7. LEGAL FEE PAYMENT PROGRAM. 

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

19 is amended by inserting after section 403, as added by 

20 section 3, the following: 

21 ‘‘SEC. 404. LEGAL FEES. 

22 ‘‘(a) PROGRAM ESTABLISHED.— 

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

24 after the date of enactment of the Black Lung 

25 Health Improvements Act of 2013, the Secretary 


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1 shall establish an attorneys’ fee payment program to 

2 pay attorneys’ fees, using amounts from the fund, 

3 on behalf of claimants in qualifying claims. 

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

5 for purposes of this section is a contested claim for 

6 benefits under this title for which a final judgment 

7 has not been entered within 1 year of the filing of 

8 the claim. 

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

10 Notwithstanding any other provision of law, 

11 amounts in the fund shall be available for payments 

12 authorized by the Secretary under the program 

13 under this section. 

14 ‘‘(b) PAYMENTS AUTHORIZED.— 

15 ‘‘(1) IN GENERAL.—If a claimant for benefits is 

16 a prevailing party on a qualifying claim before an 

17 administrative law judge, the Benefits Review 

18 Board, or a Federal court, and the judge, Board, or 

19 court approves attorneys’ fees for work done before 

20 it, the Secretary shall, through the program under 

21 this section, pay an amount of attorneys’ fees not to 

22 exceed $1,500 at each stage of the administrative 

23 and legal process. 

24 ‘‘(2) MAXIMUM.—The program established 

25 under this section shall not pay more than a total 


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1 of $4,500 in attorneys’ fees for any single qualifying 

2 claim. 

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

4 where a qualifying claim results in a final order for com5 pensation, the employer subject to such claim shall reim6 burse the fund for any payments made under this section 

7 on behalf of the claimant, subject to enforcement by the 

8 Secretary under section 424 and in the same manner as 

9 compensation orders are enforced under section 21(d) of 

10 the Longshore and Harbor Workers Compensation Act 

11 (33 U.S.C. 921(d)). 

12 ‘‘(d) ADDITIONAL RULES.—Nothing in this section 

13 shall limit or otherwise affect an employer’s liability for 

14 any attorneys’ fees awarded by an administrative law 

15 judge, the Benefits Review Board, or a Federal court, that 

16 were not paid by the program under this section. Nothing 

17 in this section shall limit or otherwise affect the ability 

18 to use amounts provided through the fund to pay approved 

19 attorneys’ fees in claims for benefits under this title for 

20 which a final judgment has been ordered, in cases where 

21 the employer is unable to do so. 

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

23 payment for attorneys’ fees made by the Secretary under 

24 the program under this section shall not be recouped from 

25 the claimant or the claimant’s attorney.’’. 


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1 SEC. 8. BLACK LUNG BENEFITS ACT TECHNICAL AND CON2 FORMING AMENDMENTS. 

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

4 is amended— 

5 (1) in section 401(a) (30 U.S.C. 901(a)), by in6 serting ‘‘or who were found to be totally disabled by 

7 such disease’’ after ‘‘such disease’’; 

8 (2) by striking subsection (a) of section 411 (20 

9 U.S.C. 921) and inserting the following: 

10 ‘‘(a) The Secretary shall, in accordance with the pro11 visions of this part, and the regulations promulgated by 

12 the Secretary under this part, make payments of benefits 

13 in respect of— 

14 ‘‘(1) total disability of any miner due to pneu15 moconiosis; 

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

17 due to pneumoconiosis; 

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

19 his death with respect to claims filed under part C 

20 prior to January 1, 1982; 

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

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

23 23, 2010, where the miner is found entitled to re24 ceive benefits at the time of his death as a result of 

25 a lifetime claim filed under part C; and 


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

2 found entitled to receive benefits at the time of his 

3 death as a result of a lifetime claim filed under part 

4 C before January 1, 1982.’’; and 

5 (3) in section 412(a) (30 U.S.C. 922(a))— 

6 (A) by striking paragraph (2) and insert7 ing the following: 

8 ‘‘(2) In the case of a widow— 

9 ‘‘(A) of a miner whose death is due to 

10 pneumoconiosis; 

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

12 2005, and that is pending on or after March 

13 23, 2010, of a miner who is found entitled to 

14 receive benefits at the time of the miner’s death 

15 as a result of a lifetime claim filed under part 

16 C; 

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

18 receive benefits at the time of his death as a re19 sult of a lifetime claim filed under part C before 

20 January 1, 1982; or 

21 ‘‘(D) in a claim filed under part C of this 

22 subchapter before January 1, 1982, of a miner 

23 who was totally disabled by pneumoconiosis at 

24 the time of his death, 


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1 benefits shall be paid to the miner’s widow (if any) 

2 at the rate the deceased miner would receive such 

3 benefits if he were totally disabled.’’; 

4 (B) in paragraph (3)— 

5 (i) by striking ‘‘(3) In the case’’ and 

6 all that follows through ‘‘section 411(c)’’ 

7 and inserting the following: ‘‘(3)(A) In the 

8 case of the child or children of a miner de9 scribed in subparagraph (B)’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(B) Subparagraph (A) shall apply in the case 

13 of any child or children— 

14 ‘‘(i) of a miner whose death is due to pneu15 moconiosis; 

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

17 2005, that is pending on or after March 23, 

18 2010, of a miner who is found entitled to re19 ceive benefits at the time of his death as a re20 sult of a lifetime claim filed under part C; 

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

22 receive benefits at the time of his death as a re23 sult of a lifetime claim filed under part C before 

24 January 1, 1982; 


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1 ‘‘(iv) in a claim filed under part C before 

2 January 1, 1982, of a miner who was totally 

3 disabled by pneumoconiosis at the time of his 

4 death; 

5 ‘‘(v) of a widow who is found entitled to 

6 receive benefits under this part at the time of 

7 her death; or 

8 ‘‘(vi) entitled to the payment of benefits 

9 under paragraph (5) of section 411(c).’’; and 

10 (C) in paragraph (5), by striking ‘‘In the 

11 case’’ and all that follows through ‘‘not survived 

12 at the time of his death by a widow or a child,’’ 

13 and inserting ‘‘In the case of the dependent 

14 parent or parents of a miner who is not sur15 vived at the time of the miner’s death by a 

16 widow or a child and (i) whose death is due to 

17 pneumoconiosis, (ii) in a claim filed after Janu18 ary 1, 2005, that is pending on or after March 

19 23, 2010, who is found entitled to receive bene20 fits at the time of his death as a result of a life21 time claim filed under part C, (iii) who is found 

22 entitled to receive benefits at the time of his 

23 death as a result of a lifetime claim filed under 

24 part C before January 1, 1982, or (iv) in a 

25 claim filed under part C before January 1, 


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1 1982, who was totally disabled by pneumo2 coniosis at the time of death,’’. 

Æ 


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