I 

118TH CONGRESS 

1ST SESSION H. R. 6761 

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

survivors of miners whose deaths were due to pneumoconiosis. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2023 

Mr. MCGARVEY (for himself, Mr. CARTWRIGHT, Mr. DELUZIO, Mr. KILDEE, 

Ms. MCCLELLAN, and Mr. NEGUSE) introduced the following bill; which 

was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Black Lung Benefits Act to ease the benefits 

process for survivors of miners whose deaths were due 

to pneumoconiosis. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Relief for Survivors 

5 of Miners Act of 2023’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6761 IH

1 SEC. 2. AMENDMENTS TO THE BENEFITS PROCESS FOR 

2 SURVIVORS OF MINERS WHOSE DEATHS 

3 WERE DUE TO PNEUMOCONIOSIS. 

4 (a) REBUTTABLE PRESUMPTIONS FOR A DEATH DUE

5 TO PNEUMOCONIOSIS.— 

6 (1) REBUTTABLE PRESUMPTION FOR A DE7 CEASED MINER EMPLOYED FOR NOT LESS THAN 10

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

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

10 amended by striking the second sentence and insert11 ing ‘‘The presumption under this paragraph may be 

12 rebutted only by establishing that no part of the 

13 death of such miner was caused by pneumo14 coniosis.’’. 

15 (2) REBUTTABLE PRESUMPTION FOR A DIS16 ABILITY DUE TO PNEUMOCONIOSIS.—Section 411(c) 

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

18 is amended by adding at the end the following: 

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

20 due to pneumoconiosis during the life of such miner 

21 and does not meet the requirements for an 

22 irrebuttable presumption under paragraph (3), there 

23 shall be a rebuttable presumption that the miner’s 

24 death was due to pneumoconiosis. The presumption 

25 under this paragraph may be rebutted only by estabVerDate Sep 11 2014 04:46 Dec 30, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6761.IH H6761

kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6761 IH

1 lishing that no part of the death of such miner was 

2 caused by pneumoconiosis.’’. 

3 (3) EFFECTIVE DATE.—The amendments made 

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

5 to claims that are— 

6 (A) filed under part C of the Black Lung 

7 Benefits Act (30 U.S.C. 931 et seq.) on or after 

8 the date that is 5 years before the date of en9 actment of this Act; and 

10 (B) pending on or after the date of enact11 ment of this Act. 

12 (b) CONFORMING AMENDMENT REGARDING THE

13 TERM RESPIRABLE.—Section 411(c)(2) of the Black 

14 Lung Benefits Act (30 U.S.C. 921(c)(2)), as amended by 

15 section 2(a)(1), is further amended by striking ‘‘res16 pirable’’ and inserting ‘‘respiratory’’. 

17 (c) RESTORING CERTAIN PRE-1981 PROVISIONS RE18 GARDING TOTAL DISABILITY DUE TO PNEUMO19 CONIOSIS.— 

20 (1) IN GENERAL.—The Black Lung Benefits 

21 Act is amended— 

22 (A) in section 401(a) (30 U.S.C. 901(a))— 

23 (i) by striking ‘‘this disease;’’ and in24 serting ‘‘this disease or who were totally 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 6761 IH

1 disabled by this disease at the time of their 

2 deaths;’’; and 

3 (ii) by inserting ‘‘or who were totally 

4 disabled by this disease at the time of their 

5 deaths’’ after ‘‘such disease’’; and 

6 (B) in section 411(a) (30 U.S.C. 921(a)), 

7 by striking ‘‘, except’’ and all that follows 

8 through ‘‘of 1981,’’. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall apply with respect to claims 

11 that are— 

12 (A) filed under part C of the Black Lung 

13 Benefits Act (30 U.S.C. 931 et seq.) on or after 

14 the date that is 5 years before the date of en15 actment of this Act; and 

16 (B) pending on or after the date of enact17 ment of this Act. 

18 (d) ATTORNEYS’ FEES AND MEDICAL EXPENSES

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

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

21 end the following: 

22 ‘‘SEC. 403. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY23 MENT PROGRAM. 

24 ‘‘(a) PROGRAM ESTABLISHED.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 6761 IH

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

2 after the date of enactment of the Relief for Sur3 vivors of Miners Act of 2023, the Secretary shall es4 tablish a payment program to pay attorneys’ fees 

5 and other reasonable and unreimbursed medical ex6 penses incurred in establishing the claimant’s case, 

7 using amounts from the fund, to the attorneys of 

8 claimants in qualifying claims. 

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

10 for purposes of this section is a contested claim for 

11 benefits under this title for which a final order has 

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

13 claim. 

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

15 Notwithstanding any other provision of law, 

16 amounts in the fund shall be available for payments 

17 authorized by the Secretary under this section. 

18 ‘‘(b) PAYMENTS AUTHORIZED.— 

19 ‘‘(1) ATTORNEYS’ FEES.— 

20 ‘‘(A) APPROVAL.—If a claimant for bene21 fits under this title obtains a proposed decision 

22 and order from a district director with an 

23 award of benefits for a qualifying claim, or an 

24 award for a qualifying claim before an adminis25 trative law judge— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 6761 IH

1 ‘‘(i) the district director may approve 

2 attorneys’ fees for work done before such 

3 director in an amount not to exceed 

4 $1,500; and 

5 ‘‘(ii) the administrative law judge may 

6 approve attorneys’ fees for work done be7 fore such judge in an amount not to exceed 

8 $3,000. 

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

10 through the program under this section, pay 

11 any amounts approved under subparagraph (A). 

12 ‘‘(2) MEDICAL EXPENSES.— 

13 ‘‘(A) APPROVAL.—If a claimant for bene14 fits under this title obtains a proposed decision 

15 and order from a district director with an 

16 award of benefits for a qualifying claim, or an 

17 award for a qualifying claim before an adminis18 trative law judge, such district director and ad19 ministrative law judge may each approve an 

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

21 the claimant’s attorney of reasonable and unre22 imbursed medical expenses incurred in estab23 lishing the claimant’s case. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 6761 IH

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

2 through the program under this section, pay 

3 any amounts approved under subparagraph (A). 

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

5 program established under this section, shall for any 

6 single qualifying claim pay— 

7 ‘‘(A) not more than a total of $4,500 in at8 torneys’ fees; and 

9 ‘‘(B) not more than $3,000 in medical ex10 penses. 

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

12 which a qualifying claim results in a final order awarding 

13 compensation, the liable operator shall reimburse the fund 

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

15 to enforcement by the Secretary under section 424 and 

16 in the same manner as compensation orders are enforced 

17 under section 21(d) of the Longshore and Harbor Work18 ers’ Compensation Act (33 U.S.C. 921(d)). 

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

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

21 liability for any attorneys’ fees or medical expenses award22 ed by the district director or an administrative law judge 

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

24 Nothing in this section shall limit or otherwise affect the 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 6761 IH

1 approved attorneys’ fees in claims for benefits under this 

2 title for which a final order awarding compensation has 

3 been entered and the operator is unable to pay. 

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

5 payment for attorneys’ fees or medical expenses made by 

6 the Secretary under this section shall not be recouped 

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

8 SEC. 3. REPORTS BY THE GOVERNMENT ACCOUNTABILITY 

9 OFFICE. 

10 Not later than 1 year after the date of enactment 

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

12 shall— 

13 (1) carry out a review of interim benefit pay14 ments under the Black Lung Benefits Act (30 

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

16 have submitted a claim for benefits under such Act 

17 and are waiting for a final determination, includ18 ing— 

19 (A) an examination of the financial impact 

20 on beneficiaries of such payments in the case 

21 the claims of such beneficiaries are denied and 

22 the payments are recouped; 

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

24 caused by such recoupment, or the threat of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 6761 IH

1 such recoupment, has on beneficiaries of such 

2 payments; and 

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

4 Federal Government and taxpayers of the proc5 ess for recouping such interim benefit payments 

6 in the case of claims that are denied; 

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

8 miners and survivors under the Black Lung Benefits 

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

10 (A) an examination of whether such pay11 ments are sufficient to meet the expenses of 

12 such miners and survivors; 

13 (B) an examination of the economic impact 

14 of a possible increase in the amount of benefit 

15 payments for such miners and survivors; and 

16 (C) based on such examination, rec17 ommendations on the amount of benefit pay18 ments that such miners and survivors should 

19 receive; 

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

21 of a possible change to regulations of the Secretary 

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

23 a final determination of benefits under the Black 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 6761 IH

1 with respect to such survivor, file a subsequent claim 

2 for benefits under such Act; and 

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

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

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB