II 

116TH CONGRESS 

1ST SESSION S. 2205 

To ensure that claims for benefits under the Black Lung Benefits Act are 

processed in a fair and timely manner, to better protect miners from 

pneumoconiosis (commonly known as ‘‘black lung disease’’), and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2019 

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

MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To ensure that claims for benefits under the Black Lung 

Benefits Act are processed in a fair and timely manner, 

to better protect miners from pneumoconiosis (commonly 

known as ‘‘black lung disease’’), and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Black Lung Benefits 

5 Improvement Act of 2019’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—BLACK LUNG BENEFITS 

PART A—IMPROVING THE PROCESS FOR FILING AND ADJUDICATING

CLAIMS FOR BENEFITS

Sec. 101. Mandatory disclosure of medical information and reports. 

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

Sec. 103. Clarifying eligibility for black lung benefits. 

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

black lung disease and for their dependent family members. 

Sec. 105. Treatment of evidence in equipoise. 

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

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

discovery sanctions. 

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

Sec. 109. Medical evidence training program. 

Sec. 110. Technical and conforming amendments. 

Sec. 111. Readjudicating cases involving certain chest radiographs. 

Sec. 112. Disclosure of employment and earnings information for Black Lung 

Benefits Act claims. 

PART B—REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS

UNDER THE BLACK LUNG BENEFITS ACT

Sec. 121. Strategy to reduce delays in adjudication. 

Sec. 122. GAO report on black lung program. 

TITLE II—STANDARD FOR RESPIRABLE DUST CONCENTRATION 

Sec. 201. Standard for respirable dust concentration. 

TITLE III—ESTABLISHING THE OFFICE OF WORKERS’ 

COMPENSATION PROGRAMS 

Sec. 301. Office of Workers’ Compensation Programs. 

TITLE IV—SEVERABILITY 

Sec. 401. Severability. 

1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

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

4 901 et seq.) was enacted to provide health care and 

5 modest benefits to coal miners who develop pneumo6 coniosis (referred to in this section as ‘‘black lung 


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1 disease’’) resulting from exposure to coal dust dur2 ing their employment. Yet the determination of a 

3 claimant’s eligibility for these benefits often requires 

4 complex, adversarial litigation. Resource disparities 

5 between coal companies and such claimants are 

6 widespread within the statutory and regulatory 

7 framework of such Act. Comprehensive reforms are 

8 necessary to ensure that coal miners are not at a 

9 disadvantage when filing claims for benefits. 

10 (2) The Government Accountability Office has 

11 found that many claimants under the Black Lung 

12 Benefits Act are not equipped with the medical and 

13 legal resources necessary to develop evidence to meet 

14 the requirements for benefits. Miners often lack 

15 complete and reliable medical evidence, consequently 

16 increasing the risk that the individuals who review 

17 claims for benefits will be presented with insufficient 

18 medical evidence. Similarly, without better options 

19 for legal representation, significant numbers of such 

20 claimants proceed with their claims through a com21 plex and potentially long administrative process 

22 without resources that Department of Labor officials 

23 and black lung disease experts note are important 

24 for developing evidence and supporting their claims. 

25 Only 42 percent of claimants are represented by an 


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1 attorney during the initial claims determination. Ab2 sent efforts to remedy administrative problems and 

3 address structural weaknesses in the process for ob4 taining benefits, claimants with meritorious claims 

5 will not receive benefits. 

6 (3) Full exchange and disclosure between the 

7 parties of relevant medical information is essential 

8 for fair adjudication of claims under the Black Lung 

9 Benefits Act, regardless of whether the parties in10 tend to submit such information into evidence. 

11 Records of adjudications reveal that some mine oper12 ators’ legal representatives have withheld relevant 

13 evidence from claimants, administrative law judges, 

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

15 In several cases, the disclosure of such evidence 

16 would have substantiated a miner’s claim for bene17 fits. Withholding medical information can endanger 

18 miners by depriving them of important information 

19 about their own health and the potential need to 

20 seek medical treatment. 

21 (4) Given the remedial nature of the Black 

22 Lung Benefits Act, when an adjudicator determines 

23 that evidence is evenly balanced, it is appropriate for 

24 any resulting doubt to be resolved in favor of the 

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1 standing legal principle, not on substantive grounds, 

2 but because its application conflicted with the re3 quirements of another statute. Such principle needs 

4 to be reinstated in the Black Lung Benefits Act be5 cause it provides fairness and improves the adminis6 tration of benefits. 

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

8 pulmonary assessments used in proceedings for 

9 claims under the Black Lung Benefits Act are re10 quired to demonstrate competency in classifying 

11 chest radiographs by becoming certified as B Read12 ers by the National Institute for Occupational Safety 

13 and Health (referred to in this section as 

14 ‘‘NIOSH’’). However, past investigations have un15 covered that there have been NIOSH-certified B 

16 Readers who systematically misclassified chest 

17 radiographs while employed by coal operators or 

18 their law firms for the purpose of opposing claims 

19 under such Act. Where chest radiographs are needed 

20 to establish entitlement to benefits, claimants should 

21 have access to accurate interpretations so as to en22 sure the fair adjudication of such claims. 

23 (6) Past instances of systematic 

24 misclassification of chest radiographs that resulted 

25 in survivors being denied benefit claims under the 


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1 Black Lung Benefits Act were not discovered until 

2 years after the misclassifications had begun. In such 

3 instances, survivors should be permitted to file a new 

4 claim for benefits under such Act. However, a sur5 vivor is effectively barred from filing a new claim 

6 one year after a decision regarding such benefits is 

7 final, constituting an injustice that merits a remedy. 

8 (7) Insufficient numbers of administrative law 

9 judges in the Department of Labor coupled with 

10 high numbers of cases filed under the Black Lung 

11 Benefits Act and disruptions in Federal Government 

12 functions caused by shutdowns have contributed to 

13 extensive delays in adjudicating claims under such 

14 Act and numerous other labor and employment laws. 

15 A 2017 report by the Department of Labor Office 

16 of the Inspector General found that the Office of 

17 Workers’ Compensation Programs took an average 

18 of almost a year to process a claim for benefits 

19 under the Black Lung Benefits Act and that claims 

20 appealed to the Office of Administrative Law Judges 

21 took, on average, an additional 640 days to receive 

22 a decision. These delays directly and severely impact 

23 the lives of workers throughout the United States, 

24 placing an undue financial and emotional burden on 

25 the affected individuals and their families. 


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

2 payments under the Black Lung Benefits Act do not 

3 automatically increase with the rising cost of living. 

4 Benefit payments are tied to the monthly pay rate 

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

6 multiple fiscal years between 2010 and the enact7 ment of this Act, there was a pay freeze for Federal 

8 employees, which had the effect of eliminating cost9 of-living adjustments for miners, surviving spouses, 

10 and dependents under the Black Lung Benefits Act 

11 during such years. 

12 (9) A competent assessment of medical infor13 mation and testimony, which often involves multiple 

14 physicians disputing a diagnosis, is necessary in de15 termining whether to award benefits under the 

16 Black Lung Benefits Act. To ensure that a deter17 mination regarding a claim for benefits under such 

18 Act is fair and accurate, regular training is needed 

19 regarding— 

20 (A) developments in pulmonary medicine 

21 relating to black lung disease; 

22 (B) medical evidence necessary to sustain 

23 claims for such benefits; and 

24 (C) the proper weight to be given to con25 flicting evidence. 


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1 (10) Black lung disease has been the underlying 

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

3 miners since 1968. After decades of decline, the inci4 dence of coal miners with black lung disease is on 

5 the rise. According to NIOSH, miners are devel6 oping advanced cases of the disease at younger ages. 

7 In response, the Department of Labor took impor8 tant steps to combat the disease, including promul9 gating a rule in 2014 that reduced the allowed con10 centration of coal dust and addressed weaknesses in 

11 the dust sampling system. Retrospective studies 

12 should be continued to determine whether revisions 

13 to the standards are necessary to eliminate the dis14 ease. 

15 (11) To eliminate an avoidable delay in evalu16 ating claims under such Act, the Inspector General 

17 of the Department of Labor has recommended legis18 lation that would authorize the Department of Labor 

19 to have electronic access to miners’ earning records 

20 held by the Social Security Administration. 


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1 TITLE I—BLACK LUNG BENEFITS 

2 PART A—IMPROVING THE PROCESS FOR FILING 

3 AND ADJUDICATING CLAIMS FOR BENEFITS 

4 SEC. 101. MANDATORY DISCLOSURE OF MEDICAL INFOR5 MATION AND REPORTS. 

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

7 901 et seq.) is amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 403. MANDATORY MEDICAL INFORMATION DISCLO10 SURE. 

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

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

13 medical examination regarding the miner’s respiratory or 

14 pulmonary condition shall, not later than 21 days after 

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

16 complete copy of the examining physician’s report. The ex17 amining physician’s report shall— 

18 ‘‘(1) be in writing; and 

19 ‘‘(2) set out in detail the findings of such physi20 cian, including any diagnoses and conclusions, the 

21 results of any diagnostic imaging tests, and any 

22 other tests performed on the miner. 

23 ‘‘(b) DISCLOSURE.— 

24 ‘‘(1) IN GENERAL.—In any claim for benefits 

25 under this title, each party shall provide all other 


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1 parties in the proceeding with a copy of all medical 

2 information developed regarding the miner’s physical 

3 condition relating to such claim, even if the party 

4 does not intend to submit the information as evi5 dence. 

6 ‘‘(2) MEDICAL INFORMATION.—For purposes of 

7 paragraph (1), the term ‘medical information’— 

8 ‘‘(A) shall include the opinion of any exam9 ining physician, and any examining or non10 examining physician’s interpretations of 

11 radiographs or pathology; and 

12 ‘‘(B) shall not include— 

13 ‘‘(i) any record of a miner’s hos14 pitalization or other medical treatment; or 

15 ‘‘(ii) any communication from a min16 er’s representative to a medical expert. 

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 2019, 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.— 

23 ‘‘(A) APPROVAL.—If a claimant for bene24 fits under this title obtains a proposed decision 

25 and order from a district director with an 

26 award of benefits for a qualifying claim, or an 


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1 award for a qualifying claim before an adminis2 trative law judge— 

3 ‘‘(i) the district director may approve 

4 attorneys’ fees for work done before such 

5 director in an amount not to exceed 

6 $1,500; and 

7 ‘‘(ii) an administrative law judge may 

8 approve attorneys’ fees for work done be9 fore such judge in an amount not to exceed 

10 $3,000. 

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

12 through the program under this section, pay 

13 any amounts approved under subparagraph (A). 

14 ‘‘(2) MEDICAL EXPENSES.— 

15 ‘‘(A) APPROVAL.—If a claimant for bene16 fits under this title obtains a proposed decision 

17 and order from a district director with an 

18 award of benefits for a qualifying claim, or an 

19 award for a qualifying claim before an adminis20 trative law judge, such district director and ad21 ministrative law judge may each approve an 

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

23 the claimant’s attorney of reasonable and unre24 imbursed medical expenses incurred in estab25 lishing the claimant’s case. 


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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 


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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. 103. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN9 EFITS. 

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

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

12 (4) and inserting the following: 

13 ‘‘(3) If an x-ray, biopsy, autopsy, or other medi14 cally accepted and relevant test or procedure estab15 lishes that a miner is suffering or has suffered from 

16 a chronic dust disease of the lung, diagnosed as 

17 complicated pneumoconiosis or progressive massive 

18 fibrosis (pneumoconiosis that has formed an opacity, 

19 mass, or lesion whose greatest diameter exceeds 1 

20 centimeter), then there shall be an irrebuttable pre21 sumption that such miner is totally disabled due to 

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

23 pneumoconiosis, or that at the time of death the 

24 miner was totally disabled by pneumoconiosis, as the 

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


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1 or more large opacities (whose greatest diameter ex2 ceeds 1 centimeter), and would be classified in cat3 egory A, B, or C in the International Classification 

4 of Radiographs of Pneumoconioses by the Inter5 national Labour Organization, shall be sufficient to 

6 invoke the presumption, in the absence of more pro7 bative evidence sufficient to establish that the eti8 ology of a large opacity is not pneumoconiosis. 

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

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

11 chest radiograph submitted in connection with the 

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

13 surviving spouse, child, parent, brother, sister, or de14 pendent and it is interpreted as negative with re15 spect to the requirements of paragraph (3), and if 

16 other evidence demonstrates the existence of a to17 tally disabling respiratory or pulmonary impairment, 

18 then there shall be a rebuttable presumption that 

19 such miner is totally disabled due to pneumoconiosis, 

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

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

22 disabled by pneumoconiosis. In the case of a living 

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

24 to establish the presumption under this paragraph. 

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1 butted only by establishing that such miner does 

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

3 of such miner’s respiratory or pulmonary impair4 ment or death was caused by pneumoconiosis.’’. 

5 SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

6 FOR MINERS SUFFERING FROM BLACK LUNG 

7 DISEASE AND FOR THEIR DEPENDENT FAM8 ILY MEMBERS. 

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

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

11 inserting the following: 

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

13 due to pneumoconiosis, the disabled miner shall be 

14 paid benefits during the disability— 

15 ‘‘(A) for any calendar year preceding January 1, 2020, at a rate equal to 371 16 ⁄2 percent 

17 of the monthly pay rate for Federal employees 

18 in grade GS–2, step 1; 

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

20 January 1, 2020, at a rate, payable in 12 equal 

21 monthly payments, of— 

22 ‘‘(i) $8,370 per year; increased by 

23 ‘‘(ii) the same percentage that the pay 

24 rate for Federal employees in grade GS–2, 


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1 step 1 is increased for calendar year 2020; 

2 and 

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

4 a rate equal to the amount under subparagraph 

5 (B) increased by an amount equal to any in6 crease in the annual rate of the Consumer Price 

7 Index for Urban Wage Earners and Clerical 

8 Workers, as published by the Bureau of Labor 

9 Statistics.’’. 

10 SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE. 

11 Section 422 of the Black Lung Benefits Act (30 

12 U.S.C. 932) is amended by adding at the end the fol13 lowing: 

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

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

16 balanced on an issue shall resolve any resulting doubt in 

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

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

19 SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN20 ERS AND THEIR DEPENDENT FAMILY MEM21 BERS. 

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

23 U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex24 amination, and treatment’’ and all that follows through 

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


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1 and treatment of respiratory and pulmonary impairments 

2 in active and inactive coal miners and for assistance on 

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

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

5 SEC. 107. FALSE STATEMENTS OR MISREPRESENTATIONS, 

6 ATTORNEY DISQUALIFICATION, AND DIS7 COVERY SANCTIONS. 

8 Section 431 of the Black Lung Benefits Act (30 

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

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

11 ATTORNEY DISQUALIFICATION, AND DIS12 COVERY SANCTIONS. 

13 ‘‘(a) IN GENERAL.—No person, including any claim14 ant, physician, operator, duly authorized agent of such op15 erator, or employee of an insurance carrier, shall— 

16 ‘‘(1) knowingly and willfully make a false state17 ment or misrepresentation for the purpose of obtain18 ing, increasing, reducing, denying, or terminating 

19 benefits under this title; or 

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

21 knowingly mislead a party, representative, witness, 

22 potential witness, judge, or anyone participating in 

23 a proceeding regarding any matter related to a pro24 ceeding under this title. 


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1 ‘‘(b) FINE; IMPRISONMENT.—Any person who en2 gages in the conduct described in subsection (a) shall, 

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

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

5 5 years, or both. 

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

7 Attorney for the district in which the conduct described 

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

9 every reasonable effort to promptly investigate each com10 plaint of a violation of such subsection. 

11 ‘‘(d) DISQUALIFICATION.— 

12 ‘‘(1) IN GENERAL.—An attorney or expert wit13 ness who engages in the conduct described in sub14 section (a) shall, in addition to the fine or imprison15 ment provided under subsection (b), be permanently 

16 disqualified from representing any party, or appear17 ing in any proceeding, under this title. 

18 ‘‘(2) ATTORNEY DISQUALIFICATION.—In addi19 tion to the disqualification described in paragraph 

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

21 representing any party in a proceeding under this 

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

23 attorney— 


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

2 that is prejudicial to the fair and orderly con3 duct of such proceeding; or 

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

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

6 territory, commonwealth, or possession of the 

7 United States with jurisdiction over the pro8 ceeding. 

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

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

11 order to compel discovery or disclosure, or to supplement 

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

13 sanctions may include, as appropriate— 

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

15 noncomplying party on the facts relevant to the dis16 covery or disclosure order; 

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

18 defenses, or right to introduce evidence; and 

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

20 noncomplying party. 

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

22 regulations that— 

23 ‘‘(1) provide procedures for the disqualifications 

24 and sanctions under this section and are appropriate 

25 for all parties; and 


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1 ‘‘(2) distinguish between parties that are rep2 resented by an attorney and parties that are not 

3 represented by an attorney.’’. 

4 SEC. 108. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

5 SECRETARY. 

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

7 931 et seq.) is amended by adding at the end the fol8 lowing: 

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

10 SECRETARY. 

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

12 request by a claimant for benefits under this title, the Sec13 retary shall provide the claimant an opportunity to sub14 stantiate the claim through a complete pulmonary evalua15 tion of the miner that shall include— 

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

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

18 and in accordance with subsection (d)(5) and sec19 tions 402(f)(1)(D) and 413(b); and 

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

21 met, any supplemental medical evidence described in 

22 subsection (c). 

23 ‘‘(b) CONDITIONS FOR SUPPLEMENTAL MEDICAL

24 EVIDENCE.—The Secretary shall develop supplemental 

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


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1 ‘‘(1) for any claim in which the Secretary rec2 ommends an award of benefits based on the results 

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

4 party opposing such award submits evidence that 

5 could be considered contrary to the findings of the 

6 Secretary; and 

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

8 heard by an administrative law judge, in which— 

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

10 the claimant; 

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

12 submitted evidence not previously reviewed that 

13 could be considered contrary to the award 

14 under subparagraph (A); and 

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

16 represented by an attorney, the claimant’s at17 torney consents to the Secretary developing 

18 supplemental medical evidence. 

19 ‘‘(c) PROCESS FOR SUPPLEMENTAL MEDICAL EVI20 DENCE.— 

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

22 paragraph (2), to develop supplemental medical evi23 dence under conditions described in subsection (b), 

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1 ducted the initial report under subsection (a)(1) 

2 to— 

3 ‘‘(A) review any medical evidence sub4 mitted after such report or the most recent sup5 plemental report, as appropriate; and 

6 ‘‘(B) update his or her opinion in a supple7 mental report. 

8 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi9 cian is no longer available or is unwilling to provide 

10 supplemental medical evidence under paragraph (1), 

11 the Secretary shall select another qualified physician 

12 to provide such evidence. 

13 ‘‘(3) COMPLICATED PNEUMOCONIOSIS.—In di14 agnosing whether there is complicated pneumo15 coniosis as a part of a medical examination con16 ducted under paragraph (1) or (2), the Secretary 

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

18 CT scan where one or more of the following is 

19 found: 

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

21 radiograph associated with the examination 

22 under section 413(b) finds advanced pneumo23 coniosis (ILO category 2/1 or greater). 

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

25 radiograph associated with the examination 


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1 under section 413(b) finds a coalescence of 

2 small opacities. 

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

4 radiograph associated with the examination 

5 under section 413(b) has a reasonable belief 

6 that there may be a large opacity in the upper 

7 lungs that has been obscured by bony struc8 tures. 

9 ‘‘(d) QUALIFIED PHYSICIANS FOR COMPLETE PUL10 MONARY EVALUATION AND PROTECTIONS FOR SUIT11 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

12 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec13 retary shall create and maintain a list of qualified 

14 physicians to be selected by a claimant to perform 

15 the complete pulmonary evaluation described in sub16 section (a). 

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

18 shall make the list under this subsection available to 

19 the public. 

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

21 Secretary shall update such list by reviewing the 

22 suitability of the listed qualified physicians and as23 sessing any potential conflicts of interest. 

24 ‘‘(4) CRITERIA FOR SUITABILITY.—In deter25 mining whether a physician is suitable to be on the 


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1 list under this subsection, the Secretary shall consult 

2 the National Practitioner Data Bank of the Depart3 ment of Health and Human Services and assess re4 ports of adverse licensure, certifications, hospital 

5 privilege, and professional society actions involving 

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

7 physician— 

8 ‘‘(A) who is not licensed to practice medi9 cine in any State or any territory, common10 wealth, or possession of the United States; 

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

12 licensing board of any State, territory, common13 wealth, or possession of the United States; or 

14 ‘‘(C) whose license is suspended by a med15 ical licensing board of any State, territory, com16 monwealth, or possession of the United States. 

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

18 shall develop and implement policies and procedures 

19 to ensure that any actual or potential conflict of in20 terest of qualified physicians on the list under this 

21 subsection, including both individual and organiza22 tional conflicts of interest, are disclosed to the De23 partment, and to provide such disclosure to claim24 ants. Such policies and procedures shall provide 

25 that, unless the claimant knowingly and with the 


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1 benefit of full disclosure waives the following limita2 tions, a physician shall not be used to perform a 

3 complete pulmonary medical evaluation under sub4 section (a) that is reimbursed pursuant to subsection 

5 (f), if— 

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

7 contract to, or otherwise providing services to a 

8 private party opposing the claim, a law firm or 

9 lawyer representing such opposing party, or an 

10 interested insurer or other interested third 

11 party; or 

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

13 a private party opposing the claim, a law firm 

14 or lawyer representing such opposing party, or 

15 an interested insurer or other interested third 

16 party in the previous 24 months. 

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

18 supplemental report under this section, the Secretary shall 

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

20 report to all parties to the proceeding. 

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

22 the medical evidence under this section shall be paid for 

23 by the fund. If a claimant receives a final award of bene24 fits, the operator liable for payment of benefits, if any, 


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1 shall reimburse the fund for such expenses, which shall 

2 include interest.’’. 

3 SEC. 109. MEDICAL EVIDENCE TRAINING PROGRAM. 

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

5 931 et seq.), as amended by section 108, is further amend6 ed by adding at the end the following: 

7 ‘‘SEC. 436. MEDICAL EVIDENCE TRAINING PROGRAM. 

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

9 date of enactment of the Black Lung Benefits Improve10 ment Act of 2019, the Secretary, in coordination with the 

11 National Institute for Occupational Safety and Health, 

12 shall establish and implement a training program, to pro13 vide education on issues relating to medical evidence rel14 evant to claims for benefits under this title, to each of 

15 the following individuals who engage in work under this 

16 title: 

17 ‘‘(1) District directors. 

18 ‘‘(2) Claims examiners working under such di19 rectors. 

20 ‘‘(3) Administrative law judges and attorney 

21 advisors supporting such judges. 

22 ‘‘(4) Members of the Benefits Review Board es23 tablished under section 21(b) of the Longshore and 

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

25 921(b)). 


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

2 program under this section shall provide an overview of 

3 topics that include— 

4 ‘‘(1) new developments in pulmonary medicine 

5 relating to pneumoconiosis; 

6 ‘‘(2) medical evidence, and other relevant evi7 dence, sufficient to support a claim for benefits 

8 under this title; and 

9 ‘‘(3) weighing conflicting medical evidence and 

10 testimony concerning eligibility for such benefits. 

11 ‘‘(c) TIMING OF TRAINING.— 

12 ‘‘(1) INDIVIDUALS HIRED OR APPOINTED PRIOR

13 TO THE BLACK LUNG BENEFITS IMPROVEMENT ACT

14 OF 2019.—Any district director, claims examiner, ad15 ministrative law judge, attorney advisor supporting 

16 such judge, or member of the Benefits Review Board 

17 described in subsection (a)(4), who was hired or ap18 pointed prior to the date of enactment of the Black 

19 Lung Benefits Improvement Act of 2019 shall com20 plete the training program under this section not 

21 later than 60 days after the establishment of such 

22 program under subsection (a) and not less than an23 nually thereafter. 

24 ‘‘(2) INDIVIDUALS HIRED OR APPOINTED AFTER

25 THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF


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1 2019.—Any district director, claims examiner, admin2 istrative law judge, attorney advisor supporting such 

3 judge, or member of the Benefits Review Board de4 scribed in subsection (a)(4), who is not described in 

5 paragraph (1) shall complete the training program 

6 under this section prior to engaging in any work 

7 under this title and not less than annually there8 after.’’. 

9 SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS. 

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

11 is amended— 

12 (1) in section 401(a) (30 U.S.C. 901(a)), by in13 serting ‘‘or who were found to be totally disabled by 

14 such disease’’ after ‘‘such disease’’; 

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

16 (A) in subsection (a), by striking para17 graph (2) and inserting the following: 

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

19 household as the miner, or is receiving regular con20 tributions from the miner for support, or whose 

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

22 to contribute to support, or who meets the require23 ments of paragraph (1) or (2) of section 216(b) of 

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

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


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

2 married to the miner under the laws of the State 

3 where the marriage was celebrated. The term 

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

5 husband’, as such terms are defined in paragraph 

6 (1) or (4) of section 216(d) of such Act, who is re7 ceiving at least one-half of his or her support, as de8 termined in accordance with regulations prescribed 

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

10 substantial contributions from the miner (pursuant 

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

12 order for substantial contributions to the spouse’s 

13 support from such miner.’’; 

14 (B) by striking subsection (e) and insert15 ing the following: 

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

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

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

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

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

21 (E) of section 216(c)(1) of the Social Security Act, sub22 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

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

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

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


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1 under the laws of the State where the marriage was cele2 brated. Such term also includes a ‘surviving divorced wife’ 

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

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

5 for the month preceding the month in which the miner 

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

7 as determined in accordance with regulations prescribed 

8 by the Secretary, from the miner, or was receiving sub9 stantial contributions from the miner (pursuant to a writ10 ten agreement) or there was in effect a court order for 

11 substantial contributions to the spouse’s support from the 

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

13 (C) in subsection (f)(2)— 

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

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

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

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

19 435(a)’’; and 

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

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

22 of enactment of the Black Lung Consolida23 tion of Administrative Responsibility Act 

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

25 435(b)’’; 


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1 (D) in subsection (g)— 

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

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

4 ceased’’; and 

5 (ii) in the matter following paragraph 

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

7 appears and inserting ‘‘surviving spouse’’; 

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

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

10 Revenue Code of 1986’’; and 

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

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

13 Revenue Code of 1986’’; 

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

15 (A) by striking subsection (a) and insert16 ing the following: 

17 ‘‘(a) The Secretary shall, in accordance with the pro18 visions of this title, and the regulations promulgated by 

19 the Secretary under this title, make payments of benefits 

20 in respect of— 

21 ‘‘(1) total disability of any miner due to pneu22 moconiosis; 

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

24 due to pneumoconiosis; 


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

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

3 part C prior to January 1, 1982; 

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

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

6 23, 2010, where the miner is found entitled to re7 ceive benefits at the time of the miner’s death as a 

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

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

10 found entitled to receive benefits at the time of the 

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

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

13 (B) in subsection (c)— 

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

15 pneumoconiosis’’ and inserting ‘‘the min16 er’s pneumoconiosis’’; and 

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

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

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

20 (A) in subsection (a)— 

21 (i) by striking paragraph (2) and in22 serting the following: 

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

24 ‘‘(A) of a miner whose death is due to pneumo25 coniosis; 


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

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

3 a miner who is found entitled to receive benefits at 

4 the time of the miner’s death as a result of the min5 er’s claim filed under part C; 

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

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

8 of the miner’s claim filed under part C before Janu9 ary 1, 1982; or 

10 ‘‘(D) in a claim filed under part C before Janu11 ary 1, 1982, of a miner who was totally disabled by 

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

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

14 the rate the deceased miner would receive such benefits 

15 if the miner were totally disabled.’’; 

16 (ii) in paragraph (3)— 

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

18 and all that follows through ‘‘section 

19 411(c)’’ and inserting the following: 

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

21 children of a miner described in sub22 paragraph (B)’’; 

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

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


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1 (III) by striking ‘‘widow’’ each 

2 place it appears and inserting ‘‘sur3 viving spouse’’; and 

4 (IV) by adding at the end the fol5 lowing: 

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

7 child or children— 

8 ‘‘(i) of a miner whose death is due to pneumo9 coniosis; 

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

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

12 miner who is found entitled to receive benefits at the 

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

14 claim filed under part C; 

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

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

17 of the miner’s claim filed under part C before Janu18 ary 1, 1982; 

19 ‘‘(iv) in a claim filed under part C before Janu20 ary 1, 1982, of a miner who was totally disabled by 

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

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

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

24 surviving spouse’s death; or 


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

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

3 (iii) in paragraph (5)— 

4 (I) by striking the first sentence 

5 and inserting the following: ‘‘In the 

6 case of the dependent parent or par7 ents of a miner who is not survived at 

8 the time of death by a surviving 

9 spouse or a child and (i) whose death 

10 is due to pneumoconiosis, (ii) in a 

11 claim filed after January 1, 2005, 

12 that is pending on or after March 23, 

13 2010, who is found entitled to receive 

14 benefits at the time of the miner’s 

15 death as a result of the miner’s claim 

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

17 entitled to receive benefits at the time 

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

19 miner’s claim filed under part C be20 fore January 1, 1982, or (iv) in a 

21 claim filed under part C before Janu22 ary 1, 1982, who was totally disabled 

23 by pneumoconiosis at the time of the 

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

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1 ter(s) of such a miner who is not sur2 vived at the time of the miner’s death 

3 by a surviving spouse, child, or par4 ent, (II) in the case of the dependent 

5 parent or parents of a miner (who is 

6 not survived at the time of the miner’s 

7 death by a surviving spouse or child) 

8 who are entitled to the payment of 

9 benefits under paragraph (5) of sec10 tion 411(c), or (III) in the case of the 

11 dependent surviving brother(s) or sis12 ter(s) of a miner (who is not survived 

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

14 surviving spouse, child, or parent) 

15 who are entitled to the payment of 

16 benefits under paragraph (5) of sec17 tion 411(c), benefits shall be paid 

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

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

20 rate specified in paragraph (3) (as if 

21 such parent(s) or such brother(s) or 

22 sister(s), were the children of such 

23 miner).’’; and 

24 (II) in the fourth sentence— 


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1 (aa) by striking ‘‘brother 

2 only if he’’ and inserting ‘‘broth3 er or sister only if the brother or 

4 sister’’; and 

5 (bb) by striking ‘‘before he 

6 ceased’’ and inserting ‘‘before the 

7 brother or sister ceased’’; and 

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

9 ‘‘prescribed by him’’ and inserting ‘‘pre10 scribed by the Secretary’’; 

11 (B) in subsection (b)— 

12 (i) by striking ‘‘his’’ each place it ap13 pears and inserting ‘‘such miner’s’’; and 

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

15 appears and inserting ‘‘surviving spouse’’; 

16 and 

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

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

19 Revenue Code of 1986’’; 

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

21 (A) in subsection (b)— 

22 (i) in the second sentence, by striking 

23 ‘‘his wife’s affidavits’’ and inserting ‘‘affi24 davits of the miner’s spouse’’; 


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1 (ii) in the ninth sentence, by striking 

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

3 and 

4 (iii) by striking the last sentence; and 

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

6 claim’’ and inserting ‘‘the claim’’; 

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

8 (A) in subsection (a)— 

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

10 ‘‘widow, within six months after the death 

11 of her husband’’ and inserting ‘‘surviving 

12 spouse, within six months after the death 

13 of the miner’’; and 

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

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

16 (B) in subsection (e)— 

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

18 ‘‘surviving spouse’’; and 

19 (ii) by striking ‘‘his death’’ and insert20 ing ‘‘the miner’s death’’; 

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

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

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

24 Revenue Code of 1986’’; and 

25 (B) in paragraph (2)— 


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1 (i) by striking ‘‘he’’ and inserting ‘‘the 

2 Secretary’’; and 

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

4 ‘‘the Secretary’’; 

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

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

7 and inserting ‘‘spouses’’; and 

8 (B) in subsection (b)(2)— 

9 (i) in the matter preceding subpara10 graph (A), by striking ‘‘he’’ and inserting 

11 ‘‘the Secretary’’; and 

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

13 ‘‘promulgated by him’’ and inserting ‘‘pro14 mulgated by the Secretary’’; 

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

16 (A) in subsection (a)— 

17 (i) by striking ‘‘Internal Revenue 

18 Code of 1954’’ and inserting ‘‘Internal 

19 Revenue Code of 1986’’; and 

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

21 ‘‘the Secretary’’; 

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

23 effect on the day before the date of enactment 

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1 tive Responsibility Act (Public Law 107–275)’’ 

2 after ‘‘section 435’’; 

3 (C) in subsection (i)(4), by striking ‘‘Inter4 nal Revenue Code of 1954’’ and inserting ‘‘In5 ternal Revenue Code of 1986’’; and 

6 (D) in subsection (j)— 

7 (i) by striking ‘‘Internal Revenue 

8 Code of 1954’’ each place it appears and 

9 inserting ‘‘Internal Revenue Code of 

10 1986’’; and 

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

12 as in effect on the day before the date of 

13 enactment of the Black Lung Consolida14 tion of Administrative Responsibility Act 

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

16 435’’; 

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

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

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

20 (A) in the matter following subparagraph 

21 (B) of paragraph (1), by striking ‘‘him’’ and in22 serting ‘‘such operator’’; 

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

24 Revenue Code of 1954’’ each place it appears 


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1 and inserting ‘‘Internal Revenue Code of 

2 1986’’; and 

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

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

5 Revenue Code of 1986’’; 

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

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

8 and inserting ‘‘such operator’’; and 

9 (B) in subsection (b)— 

10 (i) in the first sentence, by striking 

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

12 (ii) in the third sentence, by striking 

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

14 (iii) in the ninth sentence— 

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

16 appears and inserting ‘‘the Sec17 retary’’; and 

18 (II) by striking ‘‘his’’ and insert19 ing ‘‘the miner’s’’; and 

20 (iv) in the tenth sentence, by striking 

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

22 ‘‘the Secretary’’; and 

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

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

25 ‘‘1977,’’; and 


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

2 ‘‘1981, and the Black Lung Benefits Improve3 ment Act of 2019, and any amendments made 

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

5 SEC. 111. READJUDICATING CASES INVOLVING CERTAIN 

6 CHEST RADIOGRAPHS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COVERED CHEST RADIOGRAPH.—The term 

9 ‘‘covered chest radiograph’’ means a chest 

10 radiograph that was interpreted as negative for sim11 ple pneumoconiosis, complicated pneumoconiosis, or 

12 progressive massive fibrosis by a physician with re13 spect to whom the Secretary of Labor has directed, 

14 in writing and after an evaluation by the Secretary, 

15 that such physician’s negative interpretations of 

16 chest radiographs not be credited, except where sub17 sequently determined to be credible by the Secretary 

18 in evaluating a claim for benefits under the Black 

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

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

21 individual’’ means an individual whose record for a 

22 claim for benefits under the Black Lung Benefits 

23 Act includes a covered chest radiograph. 

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

25 survivor’’ means an individual who— 


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1 (A) is a survivor of a covered individual 

2 whose claim under the Black Lung Benefits Act 

3 was still pending at the time of the covered in4 dividual’s death; and 

5 (B) continued to seek an award with re6 spect to the covered individual’s claim after the 

7 covered individual’s death. 

8 (b) CLAIMS.—A covered individual or a covered sur9 vivor whose claim for benefits under the Black Lung Bene10 fits Act (30 U.S.C. 901 et seq.) was denied prior to the 

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

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

13 enactment of this Act. 

14 (c) ADJUDICATION ON THE MERITS.— 

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

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

17 shall not include consideration of a covered chest 

18 radiograph. 

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

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

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

22 depending upon the type of claim pending at the 

23 time of the covered individual’s death. 

24 (d) TIME OF PAYMENT.— 


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

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

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

4 benefits shall be payable beginning with the month 

5 of the filing of the denied claim that had included 

6 in its record a covered chest radiograph. 

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

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

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

10 benefits shall be payable beginning with the month 

11 of the miner’s death. 

12 (e) CONTRIBUTING IMPACT.—The Secretary shall 

13 have the discretion to deny a new claim under subsection 

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

15 establishes through clear and convincing evidence that a 

16 covered chest radiograph did not contribute to the decision 

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

18 individual or the covered survivor. 

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

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

21 if the original claim was finally denied by a district direc22 tor, an administrative law judge, or the Benefits Review 

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

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

25 921(b)). 


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1 SEC. 112. DISCLOSURE OF EMPLOYMENT AND EARNINGS 

2 INFORMATION FOR BLACK LUNG BENEFITS 

3 ACT CLAIMS. 

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

5 the Internal Revenue Code of 1986 is amended by adding 

6 at the end the following new paragraph: 

7 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

8 TO DEPARTMENT OF LABOR TO CARRY OUT BLACK

9 LUNG BENEFITS ACT.— 

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

11 Social Security shall, on written request with 

12 respect to any individual, disclose to officers or 

13 employees of the Department of Labor return 

14 information from returns with respect to net 

15 earnings from self-employment (as defined in 

16 section 1402) and wages (as defined in section 

17 3121(a) or 3401(a)) for employment for each 

18 employer of such individual. 

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

20 Commissioner of Social Security shall disclose 

21 return information under subparagraph (A) 

22 only for purposes of, and the extent necessary 

23 in, carrying out the proper administration of 

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

25 seq.).’’. 


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1 (b) SOCIAL SECURITY EARNINGS INFORMATION.— 

2 Notwithstanding section 552a of title 5, United States 

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

4 Commissioner of Social Security shall make available to 

5 the officers and employees of the Department of Labor, 

6 upon written request, the Social Security earnings infor7 mation of living or deceased individuals who are the sub8 ject of a claim under the Black Lung Benefits Act (30 

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

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

11 made available in electronic form. 

12 PART B—REPORTS TO IMPROVE THE ADMINIS13 TRATION OF BENEFITS UNDER THE BLACK 

14 LUNG BENEFITS ACT 

15 SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICA16 TION. 

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

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

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

20 and Pensions and the Committee on Appropriations of the 

21 Senate and the Committee on Education and Labor and 

22 the Committee on Appropriations of the House of Rep23 resentatives a comprehensive strategy to reduce the back24 log of cases pending on such date of enactment before the 


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1 Office of Administrative Law Judges of the Department 

2 of Labor. 

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

4 this section shall provide information relating to— 

5 (1) the current and targeted pendency for each 

6 category of cases before the Office of Administrative 

7 Law Judges of the Department of Labor; 

8 (2) the number of administrative law judges, 

9 attorney advisors supporting such judges, support 

10 staff, and other resources necessary to achieve and 

11 maintain the targeted pendency for each category of 

12 such cases; 

13 (3) the necessary resources to improve effi14 ciency and effectiveness, such as equipment, train15 ing, use of reemployed annuitants, and administra16 tive reforms; 

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

18 Federal Government shutdowns on increasing ad19 ministrative burdens and the backlog of cases pend20 ing before such Office; and 

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

22 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec23 essary resources needed to reduce the average pend24 ency of cases to less than 12 months from the date 


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1 of receipt of the case to the date of disposition of 

2 such case. 

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

4 Secretary of Labor shall consult with organizations that 

5 have ongoing interactions with the Office of Administra6 tive Law Judges of the Department of Labor, including 

7 organizations that represent parties in cases under the 

8 Black Lung Benefits Act, the Longshore and Harbor 

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

10 Federal statutes regarding whistleblowers, wages and 

11 hours for employees, and immigration. 

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

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

14 date of enactment of this Act, the Comptroller General 

15 of the United States shall submit to the Committee on 

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

17 the Committee on Education and Labor of the House of 

18 Representatives a report on any barriers to health care 

19 faced by coal miners with pneumoconiosis. 

20 (b) CONTENTS.—The report required under sub21 section (a) shall include— 

22 (1) an assessment of possible barriers to health 

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

24 901 et seq.) and the degree to which any barriers 

25 impact the ability of miners with legitimate medical 


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1 needs, particularly such miners in rural areas, to ac2 cess treatment for pneumoconiosis; 

3 (2) recommendations necessary to address 

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

5 under such Act; and 

6 (3) an evaluation of whether the benefit pay7 ments authorized under such Act, as amended by 

8 this Act, are sufficient to meet the expenses of dis9 abled miners, surviving spouses, dependents, and 

10 other family members entitled to receive benefits 

11 under the Black Lung Benefits Act. 

12 TITLE II—STANDARD FOR RES13 PIRABLE DUST CONCENTRA14 TION 

15 SEC. 201. STANDARD FOR RESPIRABLE DUST CONCENTRA16 TION. 

17 Section 202 of the Federal Mine Safety and Health 

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

19 the end the following: 

20 ‘‘(i) REPORTS.— 

21 ‘‘(1) RETROSPECTIVE STUDY.— 

22 ‘‘(A) IN GENERAL.—Beginning not later 

23 than 90 days after the date of enactment of the 

24 Black Lung Benefits Improvement Act of 2019, 

25 the Secretary shall conduct a retrospective 


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1 study evaluating data collected using continuous 

2 personal dust monitors to determine whether 

3 to— 

4 ‘‘(i) lower the applicable standard for 

5 respirable dust concentration to better pro6 tect the health of miners; 

7 ‘‘(ii) increase the frequency for taking 

8 samples of respirable dust concentration, 

9 using continuous personal dust monitors; 

10 ‘‘(iii) modify the engineering controls 

11 and work practices used by mine operators 

12 to comply with the applicable standard for 

13 respirable dust concentration; 

14 ‘‘(iv) convert samples taken for shifts 

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

16 equivalent concentration to more accu17 rately assess the conditions of miners 

18 working on longer shifts; and 

19 ‘‘(v) lower the applicable standard for 

20 quartz (crystalline silica) in respirable dust 

21 to better protect miners’ health. 

22 ‘‘(B) COMPLETION DEADLINE.—Not later 

23 than 450 days after the date of enactment of 

24 the Black Lung Benefits Improvement Act of 

25 2019, the Secretary shall complete the study reVerDate Sep 11 2014 22:32 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S2205.IS S2205

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1 quired by subparagraph (A) and report the 

2 findings of such study to the Committee on 

3 Health, Education, Labor, and Pensions of the 

4 Senate and the Committee on Education and 

5 Labor of the House of Representatives. 

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

7 2025, and every 3 years thereafter, the Secretary 

8 shall conduct a new study as described in paragraph 

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

10 the commencement of the study, the findings of such 

11 study to the Committee on Health, Education, 

12 Labor, and Pensions of the Senate and the Com13 mittee on Education and Labor of the House of 

14 Representatives. 

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

16 the Secretary under this subsection concludes that 

17 the applicable standard for respirable dust con18 centration should be lowered to protect the health of 

19 miners, or that the incidence of pneumoconiosis 

20 among coal miners in the United States, as reported 

21 by the National Institute for Occupational Safety 

22 and Health, has not been reduced from such inci23 dence prior to the implementation of the most recent 

24 applicable standard for respirable dust concentra25 tion, the Secretary shall, consistent with the requireVerDate Sep 11 2014 22:32 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2205.IS S2205

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1 ments of this section and section 101, accordingly 

2 revise such standard and any applicable sampling or 

3 testing procedures not later than 24 months after 

4 the publication of such report of the Secretary under 

5 this subsection.’’. 

6 TITLE III—ESTABLISHING THE 

7 OFFICE OF WORKERS’ COM8 PENSATION PROGRAMS 

9 SEC. 301. OFFICE OF WORKERS’ COMPENSATION PRO10 GRAMS. 

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

12 the Department of Labor, an Office of Workers’ Com13 pensation Programs (referred to in this section as the ‘‘Of14 fice’’). 

15 (b) DIRECTOR.— 

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

17 by a Director for the Office of Workers’ Compensa18 tion (referred to in this title as the ‘‘Director’’) who 

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

20 advice and consent of the Senate. 

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

22 duties carried out by the Director for the Office of 

23 Workers’ Compensation as of the day before the 

24 date of enactment of this Act. 


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

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

3 functions of the Office on the day before the date of enact4 ment of this Act, including all of its personnel, assets, au5 thorities, and liabilities. 

6 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM7 PENSATION.—Reference in any other Federal law, Execu8 tive order, reorganization plan, rule, regulation, or delega9 tion of authority, or any document of or relating to the 

10 Bureau of Employees’ Compensation with regard to func11 tions carried out by the Office of Workers’ Compensation 

12 Programs, shall be deemed to refer to the Office of Work13 ers’ Compensation Programs. 

14 TITLE IV—SEVERABILITY 

15 SEC. 401. SEVERABILITY. 

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

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

18 person or circumstance, is held to be invalid, the remain19 der of this Act, or an amendment made by this Act, or 

20 the application of such provision to other persons or cir21 cumstances, shall not be affected. 

Æ 


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