I 

115TH CONGRESS 

1ST SESSION H. R. 1912 

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 HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Mr. CARTWRIGHT (for himself, Mr. SCOTT of Virginia, and Ms. WILSON of 

Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

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’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

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

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 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. 

3 SEC. 3. FINDINGS. 

4 Congress finds the following: 


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

2 901 et seq.) was enacted to provide health care and 

3 modest benefits to coal miners who develop pneumo4 coniosis (referred to in this section as ‘‘black lung 

5 disease’’) resulting from exposure to coal dust dur6 ing their employment. Yet the determination of a 

7 claimant’s eligibility for these benefits often requires 

8 complex, adversarial litigation. Resource disparities 

9 between coal companies and such claimants are 

10 widespread within the statutory and regulatory 

11 framework of such Act. Comprehensive reforms are 

12 necessary to ensure that coal miners are not at a 

13 disadvantage when filing claims for benefits. 

14 (2) The Government Accountability Office has 

15 found that many claimants under the Black Lung 

16 Benefits Act are not equipped with the medical and 

17 legal resources necessary to develop evidence to meet 

18 the requirements for benefits. Miners often lack 

19 complete and reliable medical evidence, consequently 

20 increasing the risk that the individuals who review 

21 claims for benefits will be presented with insufficient 

22 medical evidence. Similarly, without better options 

23 for legal representation, significant numbers of such 

24 claimants proceed with their claims through a com25 plex and potentially long administrative process 


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1 without resources that Department of Labor officials 

2 and black lung disease experts note are important 

3 for developing evidence and supporting their claims. 

4 Only 33 percent of claimants are represented by an 

5 attorney during the initial claims determination. Ab6 sent efforts to remedy administrative problems and 

7 address structural weaknesses in the process for ob8 taining benefits, claimants with meritorious claims 

9 will not receive benefits. 

10 (3) Full exchange and disclosure between the 

11 parties of relevant medical information is essential 

12 for fair adjudication of claims under the Black Lung 

13 Benefits Act, regardless of whether the parties in14 tend to submit such information into evidence. 

15 Records of adjudications reveal that some mine oper16 ators’ legal representatives have withheld relevant 

17 evidence from claimants, administrative law judges, 

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

19 In several cases, the disclosure of such evidence 

20 would have substantiated a miner’s claim for bene21 fits. Withholding medical information can endanger 

22 miners by depriving them of important information 

23 about their own health and the potential need to 

24 seek medical treatment. 


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1 (4) Given the remedial nature of the Black 

2 Lung Benefits Act, when an adjudicator determines 

3 that evidence is evenly balanced, it is appropriate for 

4 any resulting doubt to be resolved in favor of the 

5 claimant. The Supreme Court vacated this long6 standing legal principle, not on substantive grounds, 

7 but because its application conflicted with the re8 quirements of another statute. Such principle needs 

9 to be reinstated in the Black Lung Benefits Act be10 cause it provides fairness and improves the adminis11 tration of benefits. 

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

13 pulmonary assessments used in proceedings for 

14 claims under the Black Lung Benefits Act are re15 quired to demonstrate competency in classifying 

16 chest radiographs by becoming certified as B Read17 ers by the National Institute for Occupational Safety 

18 and Health (referred to in this section as 

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

20 that there are NIOSH-certified B Readers who have 

21 systematically misclassified chest radiographs while 

22 employed by coal operators or their law firms for the 

23 purpose of opposing claims under such Act. In re24 sponse, the Department of Labor has directed claims 

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1 ings for pneumoconiosis’’ by one widely used physi2 cian employed at a prominent medical center unless 

3 the conclusions of such physician ‘‘have been reha4 bilitated’’. Where chest radiographs are needed to 

5 establish entitlement to benefits, claimants should 

6 have access to accurate interpretations so as to en7 sure the fair adjudication of such claims. 

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

9 more than one year has passed since survivors were 

10 denied benefits on claims under the Black Lung 

11 Benefits Act that involved the consideration of chest 

12 radiograph interpretations rendered by a certain 

13 physician whose interpretations have since been de14 termined by the Department of Labor to be gen15 erally not worthy of credit. Such survivors should be 

16 permitted to file a new claim for benefits under such 

17 Act. However, a survivor is effectively barred from 

18 filing a new claim one year after a decision regard19 ing such benefits is final, constituting an injustice 

20 that merits a remedy. 

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

22 a reduction in the number of administrative law 

23 judges in the Department of Labor, coupled with a 

24 large increase in the number of cases filed under the 

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1 tionary spending, furloughs resulting from seques2 tration, and the 16-day shutdown of the Federal 

3 Government during the calendar year 2013, has cre4 ated extensive delays in adjudicating claims under 

5 such Act and numerous other labor and employment 

6 laws. Due to the imbalance between resources and 

7 caseloads, a typical claim under such Act remains 

8 unresolved for an average of nearly 2 years prior to 

9 a decision by an administrative law judge. These 

10 delays directly and severely impact the lives of work11 ers throughout the United States, placing an undue 

12 financial and emotional burden on the affected indi13 viduals and their families. 

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

15 payments under the Black Lung Benefits Act do not 

16 automatically increase with the rising cost of living. 

17 Benefit payments are tied to the monthly pay rate 

18 for Federal employees in grade GS–2, step 1. In sev19 eral of the fiscal years prior to the enactment of this 

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

21 which had the effect of eliminating cost-of-living ad22 justments for miners, surviving spouses, and depend23 ents under the Black Lung Benefits Act during such 

24 years. 


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1 (9) A competent assessment of medical infor2 mation and testimony, which often involves multiple 

3 physicians disputing a diagnosis, is necessary in de4 termining whether to award benefits under the 

5 Black Lung Benefits Act. To ensure that a deter6 mination regarding a claim for benefits under such 

7 Act is fair and accurate, regular training is needed 

8 regarding— 

9 (A) developments in pulmonary medicine 

10 relating to black lung disease; 

11 (B) medical evidence necessary to sustain 

12 claims for such benefits; and 

13 (C) the proper weight to be given to con14 flicting evidence. 

15 (10) Black lung disease has been the underlying 

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

17 miners since 1968. After decades of decline, the inci18 dence of coal miners with black lung disease is on 

19 the rise. According to NIOSH, miners are devel20 oping advanced cases of the disease at younger ages. 

21 In response, the Department of Labor has taken im22 portant steps to combat the disease, including pro23 mulgating a rule that reduces the allowed concentra24 tion of coal dust and eliminates weaknesses in the 

25 current dust sampling system. Retrospective studies 


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1 should be continued to determine whether revisions 

2 to the standards are necessary to eliminate the dis3 ease. 

4 (11) To eliminate an avoidable delay in evalu5 ating claims under such Act, the Department of La6 bor’s Inspector General has recommended legislation 

7 that would authorize the Department of Labor to 

8 have electronic access to miners’ earning records 

9 held by the Social Security Administration. 

10 TITLE I—BLACK LUNG BENEFITS 

11 PART A—IMPROVING THE PROCESS FOR FILING 

12 AND ADJUDICATING CLAIMS FOR BENEFITS 

13 SEC. 101. MANDATORY DISCLOSURE OF MEDICAL INFOR14 MATION AND REPORTS. 

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

16 901 et seq.) is amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 403. MANDATORY MEDICAL INFORMATION DISCLO19 SURE. 

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

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

22 medical examination regarding the miner’s respiratory or 

23 pulmonary condition shall, not later than 21 days after 

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


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1 complete copy of the examining physician’s report. The ex2 amining physician’s report shall— 

3 ‘‘(1) be in writing; and 

4 ‘‘(2) set out in detail the findings of such physi5 cian, including any diagnoses and conclusions, the 

6 results of any diagnostic imaging tests, and any 

7 other tests performed on the miner. 

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

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

10 proceeding with a copy of all medical information devel11 oped regarding the miner’s physical condition relating to 

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

13 the information as evidence. Such medical information 

14 shall include the opinion of any examining physician, and 

15 any examining or nonexamining physician’s interpreta16 tions of radiographs or pathology. 

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

18 regulations regarding the disclosure of medical informa19 tion under this section, and such regulations may establish 

20 sanctions for noncompliance with this section.’’. 

21 SEC. 102. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY22 MENT PROGRAM. 

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

24 901 et seq.), as amended by section 101, is further amend25 ed by adding at the end the following: 


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1 ‘‘SEC. 404. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY2 MENT PROGRAM. 

3 ‘‘(a) PROGRAM ESTABLISHED.— 

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

5 after the date of enactment of the Black Lung Bene6 fits Improvement Act of 2017, the Secretary shall 

7 establish a payment program to pay attorneys’ fees 

8 and other reasonable and unreimbursed medical ex9 penses incurred in establishing the claimant’s case, 

10 using amounts from the fund, to the attorneys of 

11 claimants in qualifying claims. 

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

13 for purposes of this section is a contested claim for 

14 benefits under this title for which a final order has 

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

16 claim. 

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

18 Notwithstanding any other provision of law, 

19 amounts in the fund shall be available for payments 

20 authorized by the Secretary under this section. 

21 ‘‘(b) PAYMENTS AUTHORIZED.— 

22 ‘‘(1) ATTORNEYS’ FEES.—If a claimant for ben23 efits under this title obtains a proposed decision and 

24 order from a district director with an award of bene25 fits for a qualifying claim, or an award for a quali26 fying claim before an administrative law judge, the 


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1 district director may approve attorneys’ fees for 

2 work done before such director in an amount not to 

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

4 approve attorneys’ fees for work done before such 

5 judge in an amount not to exceed $3,000. The Sec6 retary shall, through the program under this section, 

7 pay such amounts approved. 

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

9 benefits under this title obtains a proposed decision 

10 and order from a district director with an award of 

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

12 qualifying claim before an administrative law judge, 

13 such district director and administrative law judge 

14 may each approve an award to the claimant’s attor15 ney of reasonable and unreimbursed medical ex16 penses incurred in establishing the claimant’s case in 

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

18 shall, through the program under this section, pay 

19 such amounts approved. 

20 ‘‘(3) MAXIMUM.—The program established 

21 under this section shall not pay more than a total 

22 of $4,500 in attorneys’ fees nor more than $3,000 

23 in medical expenses for any single qualifying claim. 

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

25 which a qualifying claim results in a final order awarding 


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1 compensation, the liable operator shall reimburse the fund 

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

3 to enforcement by the Secretary under section 424 and 

4 in the same manner as compensation orders are enforced 

5 under section 21(d) of the Longshore and Harbor Work6 ers’ Compensation Act (33 U.S.C. 921(d)). 

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

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

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

10 allowable and unreimbursed expenses awarded by the dis11 trict director or an administrative law judge that were not 

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

13 section shall limit or otherwise affect the Secretary’s au14 thority to use amounts in the fund to pay approved attor15 neys’ fees in claims for benefits under this title for which 

16 a final order awarding compensation has been entered and 

17 the operator is unable to pay. 

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

19 payment for attorneys’ fees or medical expenses made by 

20 the Secretary under this section shall not be recouped 

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


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1 SEC. 103. 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 paragraphs (3) and 

5 (4) and inserting the following: 

6 ‘‘(3) If x-ray, biopsy, autopsy, or other medi7 cally accepted and relevant test or procedure estab8 lishes that a miner is suffering or has suffered from 

9 a chronic dust disease of the lung, diagnosed as 

10 complicated pneumoconiosis or progressive massive 

11 fibrosis (pneumoconiosis that has formed an opacity, 

12 mass, or lesion whose greatest diameter exceeds 1 

13 centimeter), then there shall be an irrebuttable pre14 sumption that such miner is totally disabled due to 

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

16 pneumoconiosis, or that at the time of death the 

17 miner was totally disabled by pneumoconiosis, as the 

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

19 or more large opacities (whose greatest diameter ex20 ceeds 1 centimeter), and would be classified in cat21 egory A, B, or C in the International Classification 

22 of Radiographs of Pneumoconioses by the Inter23 national Labor Organization, shall be sufficient to 

24 invoke the presumption, in the absence of more pro25 bative evidence sufficient to establish that the eti26 ology of a large opacity is not pneumoconiosis. 


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

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

3 chest radiograph submitted in connection with the 

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

5 surviving spouse, child, parent, brother, sister, or de6 pendent and it is interpreted as negative with re7 spect to the requirements of paragraph (3), and if 

8 other evidence demonstrates the existence of a to9 tally disabling respiratory or pulmonary impairment, 

10 then there shall be a rebuttable presumption that 

11 such miner is totally disabled due to pneumoconiosis, 

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

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

14 disabled by pneumoconiosis. In the case of a living 

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

16 to establish the presumption under this paragraph. 

17 The presumption under this paragraph may be re18 butted only by establishing that such miner does 

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

20 of such miner’s respiratory or pulmonary impair21 ment or death was caused by pneumoconiosis.’’. 


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1 SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

2 FOR MINERS SUFFERING FROM BLACK LUNG 

3 DISEASE AND FOR THEIR DEPENDENT FAM4 ILY MEMBERS. 

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

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

7 inserting the following: 

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

9 due to pneumoconiosis, the disabled miner shall be 

10 paid benefits during the disability— 

11 ‘‘(A) for any calendar year preceding January 1, 2015, at a rate equal to 371 12 ⁄2 percent 

13 of the monthly pay rate for Federal employees 

14 in grade GS–2, step 1; 

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

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

17 payable in 12 equal monthly payments; and 

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

19 a rate equal to the amount under subparagraph 

20 (B) increased by an amount equal to any in21 crease in the annual rate of the Consumer Price 

22 Index for Urban Wage Earners and Clerical 

23 Workers, as published by the Bureau of Labor 

24 Statistics.’’. 


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1 SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE. 

2 Section 422 of the Black Lung Benefits Act (30 

3 U.S.C. 932) is amended by adding at the end the fol4 lowing: 

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

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

7 balanced on an issue shall resolve any resulting doubt in 

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

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

10 SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN11 ERS AND THEIR DEPENDENT FAMILY MEM12 BERS. 

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

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

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

17 and treatment of respiratory and pulmonary impairments 

18 in active and inactive coal miners and for assistance on 

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

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

21 SEC. 107. FALSE STATEMENTS OR MISREPRESENTATIONS, 

22 ATTORNEY DISQUALIFICATION, AND DIS23 COVERY SANCTIONS. 

24 Section 431 of the Black Lung Benefits Act (30 

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


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

2 ATTORNEY DISQUALIFICATION, AND DIS3 COVERY SANCTIONS. 

4 ‘‘(a) IN GENERAL.—No person, including any claim5 ant, physician, operator, duly authorized agent of such op6 erator, or employee of an insurance carrier, shall— 

7 ‘‘(1) knowingly and willfully make a false state8 ment or misrepresentation for the purpose of obtain9 ing, increasing, reducing, denying, or terminating 

10 benefits under this title; or 

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

12 intimidate, deceive, or mislead a party, representa13 tive, witness, potential witness, judge, or anyone par14 ticipating in a proceeding regarding any matter re15 lated to a proceeding under this title. 

16 ‘‘(b) FINE; IMPRISONMENT.—Any person who en17 gages in the conduct described in subsection (a) shall, 

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

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

20 5 years, or both. 

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

22 Attorney for the district in which the conduct described 

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

24 every reasonable effort to promptly investigate each com25 plaint of a violation of such subsection. 

26 ‘‘(d) DISQUALIFICATION.— 


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1 ‘‘(1) IN GENERAL.—An attorney or expert wit2 ness who engages in the conduct described in sub3 section (a) shall, in addition to the fine or imprison4 ment provided under subsection (b), be permanently 

5 disqualified from representing any party, or appear6 ing in any proceeding, under this title. 

7 ‘‘(2) ATTORNEY DISQUALIFICATION.—In addi8 tion to the disqualification described in paragraph 

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

10 representing any party in any administrative pro11 ceeding under this title for either a limited term or 

12 permanently, if the attorney— 

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

14 that is prejudicial to the fair and orderly con15 duct of such proceeding; or 

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

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

18 territory, commonwealth, or possession of the 

19 United States with jurisdiction over the pro20 ceeding. 

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

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

23 order to compel discovery or disclosure, or to supplement 

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

25 sanctions may include, as appropriate— 


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

2 noncomplying party on the facts relevant to the dis3 covery or disclosure order; 

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

5 defenses, or right to introduce evidence; and 

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

7 noncomplying party. 

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

9 regulations that— 

10 ‘‘(1) provide procedures for the disqualifications 

11 and sanctions under this section and are appropriate 

12 for all parties; and 

13 ‘‘(2) distinguish between parties that are rep14 resented by an attorney and parties that are not 

15 represented by an attorney.’’. 

16 SEC. 108. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

17 SECRETARY. 

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

19 931 et seq.) is amended by adding at the end the fol20 lowing: 

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

22 SECRETARY. 

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

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1 stantiate the claim through a complete pulmonary evalua2 tion of the miner that shall include— 

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

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

5 and in accordance with subsection (d)(5) and sec6 tions 402(f)(1)(D) and 413(b); and 

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

8 met, any supplemental medical evidence described in 

9 subsection (c). 

10 ‘‘(b) DIAGNOSING COMPLICATED PNEUMO11 CONIOSIS.—In diagnosing whether there is complicated 

12 pneumoconiosis as a part of a medical examination con13 ducted under subsection (a), the Secretary shall authorize 

14 a high-quality, low-dose or standard computerized tomog15 raphy scan where any or a combination of the following 

16 is found: 

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

18 radiograph associated with an exam conducted under 

19 section 413(b) finds advanced pneumoconiosis (ILO 

20 category 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. 

24 ‘‘(3) Any certified B reader of a chest 

25 radiograph associated with an exam conducted under 


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1 section 413(b) has a reasonable belief that there 

2 may be a large opacity in the upper lungs that has 

3 been obscured by bony structures. 

4 ‘‘(c) CONDITIONS FOR SUPPLEMENTAL MEDICAL

5 EVIDENCE.—The Secretary shall develop supplemental 

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

7 ‘‘(1) for any claim in which the Secretary rec8 ommends an award of benefits based on the results 

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

10 party opposing such award submits evidence that 

11 could be considered contrary to the findings of the 

12 Secretary; and 

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

14 heard by an administrative law judge, in which— 

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

16 the claimant; 

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

18 submitted evidence not previously reviewed that 

19 could be considered contrary to the award 

20 under subparagraph (A); and 

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

22 represented by an attorney, the claimant’s at23 torney consents to the Secretary developing 

24 supplemental medical evidence. 


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1 ‘‘(d) PROCESS FOR SUPPLEMENTAL MEDICAL EVI2 DENCE.— 

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

4 paragraph (2), to develop supplemental medical evi5 dence under conditions described in subsection (c), 

6 the Secretary shall request the physician who con7 ducted the initial report under subsection (a)(1) 

8 to— 

9 ‘‘(A) review any medical evidence sub10 mitted after such report or the most recent sup11 plemental report, as appropriate; and 

12 ‘‘(B) update his or her opinion in a supple13 mental report. 

14 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi15 cian is no longer available or is unwilling to provide 

16 supplemental medical evidence under paragraph (1), 

17 the Secretary shall select another qualified physician 

18 to provide such evidence. 

19 ‘‘(e) QUALIFIED PHYSICIANS FOR COMPLETE PUL20 MONARY EVALUATION AND PROTECTIONS FOR SUIT21 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

22 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec23 retary shall create and maintain a list of qualified 

24 physicians to be selected by a claimant to perform 


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1 the complete pulmonary evaluation described in sub2 section (a). 

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

4 shall make the list under this subsection available to 

5 the public. 

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

7 Secretary shall update such list by reviewing the 

8 suitability of the listed qualified physicians and as9 sessing any potential conflicts of interest. 

10 ‘‘(4) CRITERIA FOR SUITABILITY.—In deter11 mining whether a physician is suitable to be on the 

12 list under this subsection, the Secretary shall consult 

13 the National Practitioner Data Bank of the Depart14 ment of Health and Human Services and assess re15 ports of adverse licensure, certifications, hospital 

16 privilege, and professional society actions involving 

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

18 physician— 

19 ‘‘(A) who is not licensed to practice medi20 cine in any State or any territory, common21 wealth, or possession of the United States; 

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

23 licensing board of any State, territory, common24 wealth, or possession of the United States; or 


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1 ‘‘(C) whose license is suspended by a med2 ical licensing board of any State, territory, com3 monwealth, or possession of the United States. 

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

5 shall develop and implement policies and procedures 

6 to ensure that any actual or potential conflict of in7 terest of qualified physicians on the list under this 

8 subsection, including both individual and organiza9 tional conflicts of interest, are disclosed to the De10 partment, and to provide such disclosure to claim11 ants. Such policies and procedures shall provide 

12 that, unless the claimant knowingly and with the 

13 benefit of full disclosure waives the following limita14 tions, a physician shall not be used to perform a 

15 complete pulmonary medical evaluation under sub16 section (a) that is reimbursed pursuant to subsection 

17 (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. 109. ESTABLISHMENT OF PILOT PROGRAM TO PRO15 VIDE IMPARTIAL CLASSIFICATIONS OF 

16 CHEST RADIOGRAPHS. 

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

18 Benefits Act (30 U.S.C. 931 et seq.), as amended by sec19 tion 108, is further amended by adding at the end the 

20 following: 

21 ‘‘SEC. 436. ESTABLISHMENT OF PILOT PROGRAM TO PRO22 VIDE IMPARTIAL CLASSIFICATIONS OF 

23 CHEST RADIOGRAPHS. 

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


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

2 an individual who— 

3 ‘‘(A) has a valid license to practice medi4 cine in not less than one State, territory, com5 monwealth, or possession of the United States; 

6 and 

7 ‘‘(B) has demonstrated a proficiency, 

8 through an examination administered by the 

9 National Institute for Occupational Safety and 

10 Health, in classifying chest radiographs for 

11 findings consistent with pneumoconiosis using 

12 the International Classification of Radiographs 

13 of Pneumoconioses by the International Labor 

14 Organization (ILO). 

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

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

17 selected by the Director exclusively from the B 

18 Reader Panel Pool. 

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

20 the Director of the National Institute for Occupa21 tional Safety and Health. 

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

23 classification’ means the standardized categorization 

24 of chest radiographs for findings consistent with 

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1 tion of Radiographs of Pneumoconioses by the Inter2 national Labor Organization. 

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

4 Reader Panel Pool’ means the group of physicians 

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

6 ‘‘(b) B READER PANEL PROGRAM.— 

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

8 ‘‘(A) IN GENERAL.—The Director shall es9 tablish, in the National Institute for Occupa10 tional Safety and Health, a pilot program to be 

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

12 B Reader Panel Program shall establish B 

13 Reader Panels that— 

14 ‘‘(i) are operated in a manner to as15 sure accurate ILO classifications, which 

16 may be used for claims for benefits de17 scribed in subparagraph (C); 

18 ‘‘(ii) only classify chest radiographs; 

19 and 

20 ‘‘(iii) classify all appearances de21 scribed in the International Classification 

22 of Radiographs of Pneumoconiosis or illus23 trated by the ILO Standard Radiographs. 

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

25 Program established under this section shall be 


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1 conducted for a duration of one year, beginning 

2 after the issuance of necessary protocols and in3 terim final rules under subsection (h). 

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

5 classification may only be requested under this 

6 section for a claim for benefits under this title 

7 where the presence or absence of complicated 

8 pneumoconiosis or progressive massive fibrosis 

9 (large opacities greater than or equal to cat10 egory A of the ILO classification) is in fact at 

11 issue. 

12 ‘‘(2) PROGRAM PERSONNEL MATTERS.— 

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

14 such personnel as are necessary to establish, 

15 manage, and evaluate the B Reader Panel Pro16 gram, including a B Reader Program Director 

17 described in subparagraph (B). 

18 ‘‘(B) B READER PROGRAM DIRECTOR.— 

19 The B Reader Program Director shall be a phy20 sician who is a B Reader and has documented 

21 expertise in ILO classifications. 

22 ‘‘(C) STAFF.— 

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

24 services of B Readers for this section, the 


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1 Director may hire Federal personnel, con2 tract for services, or both. 

3 ‘‘(ii) COMPENSATION.—The Director 

4 shall establish compensation rates for B 

5 Readers who are hired under contract. 

6 ‘‘(3) ETHICS POLICY.— 

7 ‘‘(A) CODE OF ETHICS.— 

8 ‘‘(i) IN GENERAL.—In order to maxi9 mize the quality, objectivity, and con10 fidence in ILO classifications under this 

11 section, the Director shall establish a bind12 ing code of ethics to which all B Readers 

13 in the B Reader Panel Pool shall agree to 

14 in writing and adhere. 

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

16 shall include— 

17 ‘‘(I) definitions and stipulations 

18 of procedures dealing with actual and 

19 apparent conflicts of interest and the 

20 appearance of bias or lack of suffi21 cient impartiality; 

22 ‘‘(II) a requirement that each 

23 such B Reader submits a conflict of 

24 interest disclosure statement to the 


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1 Director and annually updates such 

2 statement; and 

3 ‘‘(III) requirements for the con4 tent of the conflict of interest disclo5 sure statements required under sub6 clause (II). 

7 ‘‘(B) B READER ETHICS OFFICER.—The 

8 Director shall designate an employee of the Na9 tional Institute for Occupational Safety and 

10 Health as the B Reader Ethics Officer whose 

11 responsibilities shall include— 

12 ‘‘(i) reviewing all conflict of interest 

13 disclosures of B Readers on the B Reader 

14 Panel Pool; 

15 ‘‘(ii) investigating the validity of such 

16 disclosures; 

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

18 Readers who fail to disclose a conflict of 

19 interest; 

20 ‘‘(iv) addressing complaints about in21 complete or inaccurate conflict of interest 

22 disclosures; 

23 ‘‘(v) assessing whether any such B 

24 Reader has been improperly assigned to a 

25 panel due to a conflict of interest; and 


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1 ‘‘(vi) assuring full transparency of 

2 conflict of interest disclosures to the pub3 lic. 

4 ‘‘(4) QUALITY ASSURANCE PROGRAM.— 

5 ‘‘(A) PROTOCOLS.— 

6 ‘‘(i) ESTABLISHMENT.—The Director 

7 shall establish a quality assurance program 

8 consisting of protocols to ensure that the 

9 results produced by B Reader Panels meet 

10 or exceed standards of performance re11 quired for accuracy and consistency. 

12 ‘‘(ii) PROTOCOLS.—The protocols 

13 under this subparagraph shall include pro14 tocols— 

15 ‘‘(I) for each B Reader to pre16 pare an individual ILO classification 

17 report for each chest radiograph; and 

18 ‘‘(II) for the preparation of a 

19 final ILO classification report for the 

20 chest radiograph. 

21 ‘‘(iii) ADDITIONAL REVIEWERS.—If 

22 individual ILO classifications reported by 

23 each B Reader of a B Reader Panel di24 verge from each other by more than an ac25 ceptable variance, as determined by protoVerDate Sep 11 2014 04:23 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1912.IH H1912

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1 cols established under subsection (h), the 

2 Director shall assign additional B Readers 

3 to the applicable B Reader Panel or con4 vene an additional B Reader Panel, as the 

5 Director determines necessary, to assure 

6 that the ILO classification report of the 

7 initial B Reader Panel is accurate and sci8 entifically valid. 

9 ‘‘(iv) USE OF KNOWN POSITIVE AND

10 NEGATIVE X-RAYS AS A QUALITY CONTROL

11 TOOL.—The quality assurance program 

12 under this paragraph shall use pre-read 

13 radiographs, for which ILO classifications 

14 have been previously established as exter15 nal standards, with sufficient frequency in 

16 order to assure that B Readers on B Read17 er Panels read radiographs that are bor18 derline positive or negative for complicated 

19 pneumoconiosis or progressive massive fi20 brosis (large opacities greater than or 

21 equal to category A of the ILO classifica22 tion) with accuracy and consistency. 

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

24 radiograph to make an ILO classification, 


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1 a B Reader shall be blinded from the ori2 gin of the radiograph. 

3 ‘‘(B) CONTINUOUS IMPROVEMENT.—The 

4 Director shall establish a process for providing 

5 feedback to B Readers in the B Reader Pool 

6 with respect to their performance in providing 

7 ILO classifications and provide suggestions for 

8 improvement. 

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

10 PANEL POOL.— 

11 ‘‘(1) ESTABLISHMENT.—The Director shall es12 tablish a B Reader Panel Pool to be used for the B 

13 Reader Panel Program under this section. The Di14 rector shall solicit and select physicians who are B 

15 Readers for inclusion in the B Reader Panel Pool. 

16 ‘‘(2) SELECTION AND RETENTION FOR B READ17 ERS ON B READER PANEL POOL.— 

18 ‘‘(A) IN GENERAL.—The Director shall es19 tablish and disclose criteria by which B Readers 

20 are selected and retained within the B Reader 

21 Panel Pool, including minimum standards of 

22 performance described in subparagraph (B). 

23 ‘‘(B) MINIMUM STANDARDS OF PERFORM24 ANCE.—The minimum standards of perform25 ance for inclusion in the B Reader Panel Pool 


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1 shall include requiring the B Reader to make 

2 radiograph classifications consistent with ILO 

3 classification criteria that are consistently with4 in acceptable norms, as established by the Di5 rector. 

6 ‘‘(C) CONSIDERATIONS FOR SELECTION.— 

7 In selecting a B Reader to be included in the 

8 B Reader Panel Pool, the Director shall— 

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

10 practicable, the prior performance of the B 

11 Reader in making ILO classifications; 

12 ‘‘(ii) consult the National Practitioner 

13 Data Bank of the Department of Health 

14 and Human Services for information on 

15 physician suitability; and 

16 ‘‘(iii) assess reports of adverse licen17 sure, certifications, hospital privilege, and 

18 professional society actions involving the B 

19 Reader. 

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

21 monitor ILO classifications conducted under 

22 this section to determine if any B Reader in23 cluded in the B Reader Panel Pool dem24 onstrates a pattern of providing ILO classifica25 tions that are erroneous or not consistently 


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1 within the acceptable norms, as established by 

2 the Director. 

3 ‘‘(3) PROCESS FOR REMOVAL.— 

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

5 authorized to suspend or remove any B Reader 

6 from the B Reader Panel Pool for— 

7 ‘‘(i) consistently failing to meet the 

8 minimum standards of performance under 

9 paragraph (2)(B); 

10 ‘‘(ii) breaching the code of ethics 

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

12 ‘‘(iii) other disqualifying conduct, as 

13 established by rule or policy. 

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

15 a process for a B Reader who is aggrieved by 

16 a decision of the Director under subparagraph 

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

18 and Human Services. The review by such Sec19 retary shall not stay the suspension of the B 

20 Reader during the pendency of the review. 

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

22 publicly accessible— 

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

24 Readers included in the B Reader Panel Pool; 


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

2 been suspended or removed from the B Reader 

3 Panel Pool and the reasons for such suspension 

4 or removal; 

5 ‘‘(C) the conflict of interest disclosure 

6 statements required under subsection 

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

8 ‘‘(D) any pertinent information which the 

9 Director determines necessary to assure trans10 parency and program integrity. 

11 ‘‘(d) ELIGIBILITY TO REQUEST ILO CLASSIFICA12 TIONS.—Each of the following individuals may request an 

13 ILO classification under this section: 

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

15 representatives, in a claim for benefits that meets 

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

17 ‘‘(2) Individuals defined as adjudication officers 

18 by regulations of the Secretary. 

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

20 a written request for the classification of a chest 

21 radiograph, the Director shall provide a report conducted 

22 by a B Reader Panel— 

23 ‘‘(1) for digital chest radiographic images, with24 in 45 days; and 


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

2 days. 

3 ‘‘(f) TESTIMONY.— 

4 ‘‘(1) AVAILABILITY OF DIRECTOR OR DES5 IGNEE.—The Director, or a designee of the Director, 

6 shall be available to respond to interrogatories or ap7 pear and testify about a B Reader Panel’s conclu8 sions or the process by which B Reader Panels clas9 sify radiographs in a case under subsection 

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

11 ‘‘(2) INTERROGATORIES AND SUBPOENAS FOR B

12 READERS.—To the extent that additional informa13 tion is reasonably necessary for the full development 

14 of evidence pertaining to a B Reader Panel Report 

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

16 a B Reader Panel— 

17 ‘‘(A) may be required to respond to inter18 rogatories with respect to the ILO classification 

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

20 so ordered by an administrative law judge; and 

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

22 testify under subpoena, unless the party making 

23 such request demonstrates to an administrative 

24 law judge that— 


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

2 incomplete or lacks information that is rea3 sonably necessary for such full develop4 ment; and 

5 ‘‘(II) if responses to interrogatories 

6 were ordered, the responses are unclear or 

7 incomplete; or 

8 ‘‘(ii) there is an extraordinary cir9 cumstance in which additional information 

10 that is reasonably necessary for such full 

11 development is otherwise unavailable from 

12 the Director and can only be provided by 

13 such B Reader. 

14 ‘‘(g) ADMINISTRATIVE COSTS.— 

15 ‘‘(1) ESTABLISHMENT.—Funds necessary to es16 tablish and operate the B Reader Panel Program 

17 under this section shall be paid as an administrative 

18 cost from the fund. The Director shall consult with 

19 the Secretary on allocations of funds in establishing 

20 such program. 

21 ‘‘(2) COSTS OF REPORTS FOR B READER PAN22 ELS.— 

23 ‘‘(A) FEES.— 

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

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1 port in accordance with clause (ii). Such 

2 fee shall be payable by the party request3 ing such report. No fee shall be charged if 

4 the request for such ILO classification is 

5 made by an individual defined as an adju6 dication officer by regulations of the Sec7 retary. 

8 ‘‘(ii) LIMITATION.—The amount of a 

9 fee under clause (i) shall not exceed the di10 rect cost of hiring the B Readers of the B 

11 Reader Panel that made the ILO classi12 fication. 

13 ‘‘(B) LEGAL COSTS.— 

14 ‘‘(i) IN GENERAL.—The National In15 stitute for Occupational Safety and Health 

16 shall use amounts in the fund to pay for 

17 all costs related to the appearance and re18 sponses to interrogatories of the Director 

19 or a designee of the Director, or a B Read20 er of a B Reader Panel, in a proceeding 

21 under this section. 

22 ‘‘(ii) REPRESENTATION OF THE NA23 TIONAL INSTITUTE FOR OCCUPATIONAL

24 SAFETY AND HEALTH.—The General 

25 Counsel of the Department of Health and 


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1 Human Services shall, in consultation with 

2 the Solicitor of Labor, represent the Na3 tional Institute for Occupational Safety 

4 and Health in any proceeding under this 

5 section, which costs shall be payable from 

6 the fund. 

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

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

9 Black Lung Benefits Improvement Act of 2017, the Sec10 retary of Health and Human Services shall issue protocols 

11 and promulgate interim final rules, as necessary, to com12 mence the implementation of this section. 

13 ‘‘(i) REPORT TO CONGRESS.— 

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

15 after the completion of the pilot program under this 

16 section, the Director shall, in consultation with the 

17 Secretary of Labor, prepare and submit a report to 

18 the Committee on Health, Education, Labor, and 

19 Pensions of the Senate and the Committee on Edu20 cation and the Workforce of the House of Rep21 resentatives that includes the information in para22 graph (2). 

23 ‘‘(2) CONTENTS.—The report under this sub24 section shall include— 


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1 ‘‘(A) the number of B Reader Panels es2 tablished under this section; 

3 ‘‘(B) the number of B Readers partici4 pating in the pilot program under this section; 

5 ‘‘(C) the effectiveness of the quality assur6 ance program under subsection (b)(4); 

7 ‘‘(D) the accuracy of the ILO classifica8 tions conducted by B Readers under this sec9 tion; 

10 ‘‘(E) challenges in the administration and 

11 implementation of such pilot program; 

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

13 program; 

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

15 the claims-adjudication process; 

16 ‘‘(H) a recommendation on whether the 

17 pilot program under this section should extend 

18 beyond the one-year duration under subsection 

19 (b)(1)(B); and 

20 ‘‘(I) recommendations for any necessary 

21 modifications to such pilot program, if the Di22 rector recommends such an extension.’’. 

23 (b) CONFORMING AMENDMENT RELATED TO DE24 POSIT OF FEES.—Section 9501(b) of the Internal RevVerDate Sep 11 2014 04:23 Apr 12, 2017 Jkt 069200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1912.IH H1912

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1 enue Code of 1986 (26 U.S.C. 9501(b)) is amended by 

2 adding at the end the following new paragraph: 

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

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

5 Black Lung Benefits Act.’’. 

6 SEC. 110. MEDICAL EVIDENCE TRAINING PROGRAM. 

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

8 931 et seq.), as amended by sections 108 and 109, is fur9 ther amended by adding at the end the following: 

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

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

12 date of enactment of the Black Lung Benefits Improve13 ment Act of 2017, the Secretary, in coordination with the 

14 National Institute for Occupational Safety and Health, 

15 shall establish and implement a training program, to pro16 vide education on issues relating to medical evidence rel17 evant to claims for benefits under this title, to each of 

18 the following individuals who engage in work under this 

19 title: 

20 ‘‘(1) District directors. 

21 ‘‘(2) Claims examiners working under such di22 rectors. 

23 ‘‘(3) Administrative law judges and attorney 

24 advisors supporting such judges. 


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1 ‘‘(4) Members of the Benefits Review Board es2 tablished under section 21(b) of the Longshore and 

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

4 921(b)). 

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

6 program under this section shall provide an overview of 

7 topics that include— 

8 ‘‘(1) new developments in pulmonary medicine 

9 relating to pneumoconiosis; 

10 ‘‘(2) medical evidence, and other relevant evi11 dence, sufficient to support a claim for benefits 

12 under this title; and 

13 ‘‘(3) weighing conflicting medical evidence and 

14 testimony concerning eligibility for such benefits. 

15 ‘‘(c) TIMING OF TRAINING.— 

16 ‘‘(1) INDIVIDUALS HIRED OR APPOINTED PRIOR

17 TO THE BLACK LUNG BENEFITS IMPROVEMENT ACT

18 OF 2017.—Any district director, claims examiner, ad19 ministrative law judge, attorney advisor supporting 

20 such judge, or member of the Benefits Review Board 

21 described in subsection (a)(4), who was hired or ap22 pointed prior to the date of enactment of the Black 

23 Lung Benefits Improvement Act of 2017 shall com24 plete the training program under this section not 

25 later than 60 days after the establishment of such 


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1 program under subsection (a) and not less than an2 nually thereafter. 

3 ‘‘(2) INDIVIDUALS HIRED OR APPOINTED AFTER

4 THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF

5 2017.—Any district director, claims examiner, admin6 istrative law judge, attorney advisor supporting such 

7 judge, or member of the Benefits Review Board de8 scribed in subsection (a)(4), who is not described in 

9 paragraph (1) shall complete the training program 

10 under this section prior to engaging in any work 

11 under this title and not less than annually there12 after.’’. 

13 SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS. 

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

15 is amended— 

16 (1) in section 401(a) (30 U.S.C. 901(a)), by in17 serting ‘‘or who were found to be totally disabled by 

18 such disease’’ after ‘‘such disease’’; 

19 (2) in section 402— 

20 (A) in subsection (a), by striking para21 graph (2) and inserting the following: 

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

23 household as the miner, or is receiving regular con24 tributions from the miner for support, or whose 

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


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1 to contribute to support, or who meets the require2 ments of paragraph (1) or (2) of section 216(b) of 

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

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

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

6 married to the miner under the laws of the State 

7 where the marriage was celebrated. The term 

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

9 husband’, as such terms are defined in paragraph 

10 (1) or (4) of section 216(d) of such Act, who is re11 ceiving at least one-half of his or her support, as de12 termined in accordance with regulations prescribed 

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

14 substantial contributions from the miner (pursuant 

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

16 order for substantial contributions to the spouse’s 

17 support from such miner.’’; 

18 (B) by striking subsection (e) and insert19 ing the following: 

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

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

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

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

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

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1 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

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

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

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

5 under the laws of the State where the marriage was cele6 brated. Such term also includes a ‘surviving divorced wife’ 

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

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

9 for the month preceding the month in which the miner 

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

11 as determined in accordance with regulations prescribed 

12 by the Secretary, from the miner, or was receiving sub13 stantial contributions from the miner (pursuant to a writ14 ten agreement) or there was in effect a court order for 

15 substantial contributions to the spouse’s support from the 

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

17 (C) in subsection (g)— 

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

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

20 ceased’’; and 

21 (ii) in the matter following paragraph 

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

23 appears and inserting ‘‘surviving spouse’’; 


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

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

3 Revenue Code of 1986’’; and 

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

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

6 Revenue Code of 1986’’; 

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

8 (A) by striking subsection (a) and insert9 ing the following: 

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

12 the Secretary under this title, 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 the miner’s death with respect to a claim filed under 

20 part C 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 the miner’s death as a 

25 result of the miner’s 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 the 

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

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

5 (B) in subsection (c)— 

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

7 pneumoconiosis’’ and inserting ‘‘the min8 er’s pneumoconiosis’’; and 

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

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

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

12 (A) in subsection (a)— 

13 (i) by striking paragraph (2) and in14 serting the following: 

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

16 ‘‘(A) of a miner whose death is due to pneumo17 coniosis; 

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

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

20 a miner who is found entitled to receive benefits at 

21 the time of the miner’s death as a result of the min22 er’s claim filed under part C; 

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

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


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1 of the miner’s claim filed under part C before Janu2 ary 1, 1982; or 

3 ‘‘(D) in a claim filed under part C before Janu4 ary 1, 1982, of a miner who was totally disabled by 

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

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

7 the rate the deceased miner would receive such benefits 

8 if he were totally disabled.’’; 

9 (ii) in paragraph (3)— 

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

11 and all that follows through ‘‘section 

12 411(c)’’ and inserting the following: 

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

14 children of a miner described in sub15 paragraph (B)’’; 

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

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

18 (III) by striking ‘‘widow’’ each 

19 place it appears and inserting ‘‘sur20 viving spouse’’; and 

21 (IV) by adding at the end the fol22 lowing: 

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

24 child or children— 


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

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

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

5 miner who is found entitled to receive benefits at the 

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

7 claim filed under part C; 

8 ‘‘(iii) 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; 

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

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

17 surviving spouse’s death; or 

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

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

20 (iii) in paragraph (5)— 

21 (I) by striking the first sentence 

22 and inserting the following: ‘‘In the 

23 case of the dependent parent or par24 ents of a miner who is not survived at 

25 the time of death by a surviving 


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1 spouse or a child and (i) whose death 

2 is due to pneumoconiosis, (ii) in a 

3 claim filed after January 1, 2005, 

4 that is pending on or after March 23, 

5 2010, who is found entitled to receive 

6 benefits at the time of his the miner’s 

7 death as a result of the miner’s claim 

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

9 entitled to receive benefits at the time 

10 of his death as a result of the miner’s 

11 claim filed under part C before Janu12 ary 1, 1982, or (iv) in a claim filed 

13 under part C before January 1, 1982, 

14 who was totally disabled by pneumo15 coniosis at the time of the miner’s 

16 death; in the case of the dependent 

17 surviving brother(s) or sister(s) of 

18 such a miner who is not survived at 

19 the time of the miner’s death by a 

20 surviving spouse, child, or parent; in 

21 the case of the dependent parent or 

22 parents of a miner (who is not sur23 vived at the time of the miner’s death 

24 by a surviving spouse or child) who 

25 are entitled to the payment of benefits 


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1 under paragraph (5) of section 

2 411(c); or in the case of the depend3 ent surviving brother(s) or sister(s) of 

4 a miner (who is not survived at the 

5 time of the miner’s death by a sur6 viving spouse, child, or parent) who 

7 are entitled to the payment of benefits 

8 under paragraph (5) of section 

9 411(c), benefits shall be paid under 

10 this part to such parent(s), or to such 

11 brother(s), or sister(s), at the rate 

12 specified in paragraph (3) (as if such 

13 parent(s) or such brother(s) or sis14 ter(s), were the children of such 

15 miner).’’; and 

16 (II) in the fourth sentence— 

17 (aa) by striking ‘‘brother 

18 only if he’’ and inserting ‘‘broth19 er or sister only if the brother or 

20 sister’’; and 

21 (bb) by striking ‘‘before he 

22 ceased’’ and inserting ‘‘before the 

23 brother or sister ceased’’; and 


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

2 ‘‘prescribed by him’’ and inserting ‘‘pre3 scribed by such Secretary’’; 

4 (B) in subsection (b)— 

5 (i) by striking ‘‘his’’ each place it ap6 pears and inserting ‘‘such miner’s’’; and 

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

8 appears and inserting ‘‘surviving spouse’’; 

9 and 

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

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

12 Revenue Code of 1986’’; 

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

14 (A) in subsection (b)— 

15 (i) in the second sentence, by striking 

16 ‘‘his wife’s affidavits’’ and inserting ‘‘affi17 davits of the miner’s spouse’’; 

18 (ii) in the ninth sentence, by striking 

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

20 and 

21 (iii) by striking the last sentence; and 

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

23 claim’’ and inserting ‘‘the claim’’; 

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

25 (A) in subsection (a)— 


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

2 ‘‘widow, within six months after the death 

3 of her husband’’ and inserting ‘‘surviving 

4 spouse, within six months after the death 

5 of the miner’’; and 

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

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

8 (B) in subsection (e)— 

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

10 ‘‘surviving spouse’’; and 

11 (ii) by striking ‘‘his death’’ and insert12 ing ‘‘the miner’s death’’; 

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

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

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

16 Revenue Code of 1986’’; and 

17 (B) in paragraph (2)— 

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

19 ‘‘such Secretary’’; and 

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

21 ‘‘such Secretary’’; 

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

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

24 and inserting ‘‘spouses’’; and 

25 (B) in subsection (b)(2)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘he’’ and inserting 

3 ‘‘such Secretary’’; and 

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

5 ‘‘promulgated by him’’ and inserting ‘‘pro6 mulgated by such Secretary’’; 

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

8 (A) in subsection (a)— 

9 (i) by striking ‘‘Internal Revenue 

10 Code of 1954’’ and inserting ‘‘Internal 

11 Revenue Code of 1986’’; and 

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

13 ‘‘such Secretary’’; 

14 (B) in subsection (i)(4), by striking ‘‘Inter15 nal Revenue Code of 1954’’ and inserting ‘‘In16 ternal Revenue Code of 1986’’; and 

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

18 Revenue Code of 1954’’ each place it appears 

19 and inserting ‘‘Internal Revenue Code of 

20 1986’’; 

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

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

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


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1 (A) in the matter following subparagraph 

2 (B) of paragraph (1), by striking ‘‘him’’ and in3 serting ‘‘such operator’’; 

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

5 Revenue Code of 1954’’ each place it appears 

6 and inserting ‘‘Internal Revenue Code of 

7 1986’’; and 

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

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

10 Revenue Code of 1986’’; 

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

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

13 and inserting ‘‘such operator’’; and 

14 (B) in subsection (b)— 

15 (i) in the first sentence, by striking 

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

17 (ii) in the third sentence, by striking 

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

19 (iii) in the ninth sentence— 

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

21 appears and inserting ‘‘the Sec22 retary’’; and 

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


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1 (iv) in the tenth sentence, by striking 

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

3 ‘‘the Secretary’’; and 

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

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

6 ‘‘1977,’’; and 

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

8 ‘‘1981, and the Black Lung Benefits Improve9 ment Act of 2017, and any amendments made 

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

11 SEC. 112. READJUDICATING CASES INVOLVING CERTAIN 

12 CHEST RADIOGRAPHS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) COVERED CHEST RADIOGRAPH.—The term 

15 ‘‘covered chest radiograph’’ means a chest 

16 radiograph that was interpreted as negative for sim17 ple pneumoconiosis, complicated pneumoconiosis, or 

18 progressive massive fibrosis by a physician with re19 spect to whom the Secretary has directed, in writing 

20 and after an evaluation by the Secretary, that such 

21 physician’s negative interpretations of chest 

22 radiographs not be credited, except where subse23 quently determined to be credible by the Secretary 

24 in evaluating a claim for benefits under the Black 

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


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

2 individual’’ means an individual whose record for a 

3 claim for benefits under the Black Lung Benefits 

4 Act includes a covered chest radiograph. 

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

6 survivor’’ means an individual who— 

7 (A) is a survivor of a covered individual 

8 whose claim under the Black Lung Benefits Act 

9 was still pending at the time of the covered in10 dividual’s death; and 

11 (B) who continued to seek an award with 

12 respect to the covered individual’s claim after 

13 the covered individual’s death. 

14 (b) CLAIMS.—A covered individual or a covered sur15 vivor whose claim for benefits under the Black Lung Bene16 fits Act (30 U.S.C. 901 et seq.) was denied prior to the 

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

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

19 enactment of this Act. 

20 (c) ADJUDICATION ON THE MERITS.— 

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

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

23 shall not include consideration of a covered chest 

24 radiograph. 


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

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

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

4 depending upon the type of claim pending at the 

5 time of the covered individual’s death. 

6 (d) TIME OF PAYMENT.— 

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

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

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

10 benefits shall be payable beginning with the month 

11 of the filing of the denied claim that had included 

12 in its record a covered chest radiograph. 

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

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

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

16 benefits shall be payable beginning with the month 

17 of the miner’s death. 

18 (e) CONTRIBUTING IMPACT.—The Secretary shall 

19 have the discretion to deny a new claim under subsection 

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

21 establishes through clear and convincing evidence that a 

22 covered chest radiograph did not contribute to the decision 

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

24 individual or the covered survivor. 


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

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

3 if the original claim was finally denied by a district direc4 tor, an administrative law judge, or the Benefits Review 

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

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

7 921(b)). 

8 SEC. 113. DISCLOSURE OF EMPLOYMENT AND EARNINGS 

9 INFORMATION FOR BLACK LUNG BENEFITS 

10 CLAIMS. 

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

12 the Internal Revenue Code of 1986 is amended by adding 

13 at the end the following new paragraph: 

14 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

15 TO DEPARTMENT OF LABOR TO CARRY OUT BLACK

16 LUNG BENEFITS ACT.— 

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

18 Social Security shall, on written request with 

19 respect to any individual, disclose to officers or 

20 employees of the Department of Labor return 

21 information from returns with respect to net 

22 earnings from self-employment (as defined in 

23 section 1402) and wages (as defined in section 

24 3121(a) or 3401(a)) for employment for each 

25 employer of such individual. 


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

2 Commissioner of Social Security shall disclose 

3 return information under subparagraph (A) 

4 only for purposes of, and the extent necessary 

5 in, carrying out the proper administration of 

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

7 seq.).’’. 

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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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; 

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

24 the Federal Government shutdown, which occurred 

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


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1 administrative burdens and the backlog of cases 

2 pending before such office; and 

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

4 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec5 essary resources needed to reduce the average pend6 ency of cases to less than 12 months from the date 

7 of receipt of the case to the date of disposition of 

8 such case. 

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

10 Secretary of Labor shall consult with organizations that 

11 have ongoing interactions with the Office of Administra12 tive Law Judges of the Department of Labor, including 

13 organizations that represent parties in cases under the 

14 Black Lung Benefits Act, the Longshore and Harbor 

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

16 Federal statutes regarding whistleblowers, wages and 

17 hours for employees, and immigration. 

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

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

20 date of enactment of this Act, the Comptroller General 

21 of the United States shall submit to the Committee on 

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

23 the Committee on Education and the Workforce of the 

24 House of Representatives a report on any barriers to 

25 health care faced by coal miners with pneumoconiosis. 


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1 (b) CONTENTS.—The report required under sub2 section (a) shall include— 

3 (1) an assessment of possible barriers to health 

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

5 901 et seq.) and the degree to which any barriers 

6 impact the ability of miners with legitimate medical 

7 needs, particularly such miners in rural areas, to ac8 cess treatment for pneumoconiosis; 

9 (2) recommendations necessary to address 

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

11 under such Act; and 

12 (3) an evaluation of whether the benefit pay13 ments authorized under such Act, as amended by 

14 this Act, are sufficient to meet the expenses of dis15 abled miners, surviving spouses, dependents, and 

16 other family members entitled to receive benefits 

17 under the Black Lung Benefits Act. 

18 TITLE II—STANDARD FOR RES19 PIRABLE DUST CONCENTRA20 TION 

21 SEC. 201. STANDARD FOR RESPIRABLE DUST CONCENTRA22 TION. 

23 Section 202 of the Federal Mine Safety and Health 

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

25 the end the following: 


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1 ‘‘(i) REPORTS.— 

2 ‘‘(1) RETROSPECTIVE STUDY.— 

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

4 1, 2021, the Secretary shall conduct a retro5 spective study to assess the effectiveness of the 

6 Mine Safety and Health Administration’s final 

7 rule entitled ‘Lowering Miners’ Exposure to 

8 Respirable Coal Mine Dust, Including Contin9 uous Personal Dust Monitors’ (published May 

10 1, 2014; 79 Fed. Reg. 24813), the data regard11 ing the use of continuous personal dust mon12 itors, and the rising number of cases of pro13 gressive massive fibrosis (PMF) to determine 

14 whether to— 

15 ‘‘(i) lower the applicable standard for 

16 respirable dust concentration to protect the 

17 health of miners; 

‘‘(ii) lower the 100 μg/m3 18 standard 

19 for quartz (crystalline silica) in respirable 

20 dust to better protect miners’ health; 

21 ‘‘(iii) increase the frequency for taking 

22 samples of respirable dust concentration, 

23 using continuous personal dust monitors; 

24 ‘‘(iv) 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; and 

3 ‘‘(v) 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. 

8 ‘‘(B) COMPLETION DEADLINE.—By Au9 gust 1, 2022, the Secretary shall complete the 

10 study required by subparagraph (A) and report 

11 the findings of such study to the Committee on 

12 Health, Education, Labor, and Pensions of the 

13 Senate and the Committee on Education and 

14 the Workforce of the House of Representatives. 

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

16 2025, and every 3 years thereafter, the Secretary 

17 shall conduct a new study as described in paragraph 

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

19 the commencement of the study, the findings of such 

20 study to the Committee on Health, Education, 

21 Labor, and Pensions of the Senate and the Com22 mittee on Education and the Workforce of the 

23 House of Representatives. 

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

25 the Secretary under this subsection concludes that 


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1 the applicable standard for respirable dust con2 centration should be lowered to protect the health of 

3 miners, or that the incidence of pneumoconiosis 

4 among coal miners in the United States, as reported 

5 by the National Institute for Occupational Safety 

6 and Health, has not been reduced from such inci7 dence prior to the implementation of the most recent 

8 applicable standard for respirable dust concentra9 tion, the Secretary shall, consistent with the require10 ments of this section and section 101, accordingly 

11 revise such standard and any applicable sampling or 

12 testing procedures not later than 24 months after 

13 the publication of such report of the Secretary under 

14 this subsection.’’. 

15 TITLE III—ESTABLISHING THE 

16 OFFICE OF WORKERS’ COM17 PENSATION PROGRAMS 

18 SEC. 301. OFFICE OF WORKERS’ COMPENSATION PRO19 GRAMS. 

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

21 the Department of Labor, an Office of Workers’ Com22 pensation Programs (referred to in this section as the ‘‘Of23 fice’’). 

24 (b) DIRECTOR.— 


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

2 by a Director for the Office of Workers’ Compensa3 tion (referred to in this title as the ‘‘Director’’) who 

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

5 advice and consent of the Senate. 

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

7 duties carried out by the Director for the Office of 

8 Workers’ Compensation as of the day before the 

9 date of enactment of this Act. 

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

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

12 functions of the Office on the day before the date of enact13 ment of this Act, including all of its personnel, assets, au14 thorities, and liabilities. 

15 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM16 PENSATION.—Reference in any other Federal law, Execu17 tive order, reorganization plan, rule, regulation, or delega18 tion of authority, or any document of or relating to the 

19 Bureau of Employees’ Compensation with regard to func20 tions carried out by the Office of Workers’ Compensation 

21 Programs, shall be deemed to refer to the Office of Work22 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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