I 

113TH CONGRESS 

2D SESSION H. R. 5751 

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 

NOVEMBER 20, 2014 

Mr. CARTWRIGHT (for himself, Mr. GEORGE MILLER of California, Mr. 

COURTNEY, Mr. RAHALL, and Mr. SCOTT of Virginia) 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 2014’’. 

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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. Legal fees. 

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. 

PART B—REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS

UNDER THE BLACK LUNG BENEFITS ACT

Sec. 113. Strategy to reduce delays in adjudication. 

Sec. 114. 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: 

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

6 901 et seq.) was enacted to provide health care and 

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1 modest benefits to coal miners who develop pneumo2 coniosis (referred to in this section as ‘‘black lung 

3 disease’’) resulting from exposure to coal dust dur4 ing their employment. Yet the determination of a 

5 claimant’s eligibility for these benefits often requires 

6 complex, adversarial litigation. Resource disparities 

7 between coal companies and such claimants are 

8 widespread within the statutory and regulatory 

9 framework of such Act. Comprehensive reforms are 

10 necessary to ensure that coal miners are not at a 

11 disadvantage when filing claims for benefits. 

12 (2) The Government Accountability Office has 

13 found that many claimants under the Black Lung 

14 Benefits Act are not equipped with the medical and 

15 legal resources necessary to develop evidence to meet 

16 the requirements for benefits. Miners often lack 

17 complete and reliable medical evidence, consequently 

18 increasing the risk that the individuals who review 

19 claims for benefits will be presented with insufficient 

20 medical evidence. Similarly, without better options 

21 for legal representation, significant numbers of such 

22 claimants proceed with their claims through a com23 plex and potentially long administrative process 

24 without resources that Department of Labor officials 

25 and black lung disease experts note are important 

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1 for developing evidence and supporting their claims. 

2 Only a quarter of claimants are represented by an 

3 attorney when filing a claim. Absent efforts to rem4 edy administrative problems and address structural 

5 weaknesses in the process for obtaining benefits, 

6 claimants with meritorious claims will not receive 

7 benefits. 

8 (3) Full exchange and disclosure between the 

9 parties of relevant medical information is essential 

10 for fair adjudication of claims under the Black Lung 

11 Benefits Act, regardless of whether the parties in12 tend to submit such information into evidence. 

13 Records of adjudications reveal that some mine oper14 ators’ legal representatives have withheld relevant 

15 evidence from claimants, administrative law judges, 

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

17 In several cases, the disclosure of such evidence 

18 would have substantiated a miner’s claim for bene19 fits. Withholding medical information can endanger 

20 miners by depriving them of important information 

21 about their own health and the potential need to 

22 seek medical treatment. 

23 (4) Given the remedial nature of the Black 

24 Lung Benefits Act, when an adjudicator determines 

25 that evidence is evenly balanced, it is appropriate for 

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1 any resulting doubt to be resolved in favor of the 

2 claimant. The Supreme Court vacated this long3 standing legal principle, not on substantive grounds, 

4 but because its application conflicted with the re5 quirements of another statute. Such principle needs 

6 to be reinstated in the Black Lung Benefits Act be7 cause it provides fairness and improves the adminis8 tration of benefits. 

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

10 pulmonary assessments used in proceedings for 

11 claims under the Black Lung Benefits Act are re12 quired to demonstrate competency in classifying 

13 chest radiographs by becoming certified as B Read14 ers by the National Institute for Occupational Safety 

15 and Health (referred to in this section as 

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

17 that there are NIOSH-certified B Readers who have 

18 systematically misclassified chest radiographs while 

19 employed by coal operators or their law firms for the 

20 purpose of opposing claims under such Act. In re21 sponse, the Department of Labor has directed claims 

22 examiners ‘‘not to credit negative chest x-ray read23 ings for pneumoconiosis’’ by one widely used physi24 cian employed at a prominent medical center unless 

25 the conclusions of such physician ‘‘have been rehamstockstill on DSK5SPTVN1PROD with BILLS

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1 bilitated’’. Where chest radiographs are needed to 

2 establish entitlement to benefits, claimants should 

3 have access to accurate interpretations so as to en4 sure the fair adjudication of such claims. 

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

6 more than one year has passed since survivors were 

7 denied benefits on claims under the Black Lung 

8 Benefits Act that involved the consideration of chest 

9 radiograph interpretations rendered by a certain 

10 physician whose interpretations have since been de11 termined by the Department of Labor to be gen12 erally not worthy of credit. Such survivors should be 

13 permitted to file a new claim for benefits under such 

14 Act. However, a survivor is effectively barred from 

15 filing a new claim one year after a decision regard16 ing such benefits is final, constituting an injustice 

17 that merits a remedy. 

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

19 a reduction in the number of administrative law 

20 judges in the Department of Labor, coupled with a 

21 large increase in the number of cases filed under the 

22 Black Lung Benefits Act, cuts to nondefense discre23 tionary spending, furloughs resulting from seques24 tration, and the 16-day shutdown of the Federal 

25 Government during the calendar year 2013, has cremstockstill on DSK5SPTVN1PROD with BILLS

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1 ated extensive delays in adjudicating claims under 

2 such Act and numerous other labor and employment 

3 laws. Due to the imbalance between resources and 

4 caseloads, it takes 429 days to assign a case to an 

5 administrative law judge and a typical claim under 

6 such Act remains unresolved for an average of 42 

7 months prior to a decision by an administrative law 

8 judge. These delays directly and severely impact the 

9 lives of workers throughout the United States, plac10 ing an undue financial and emotional burden on the 

11 affected individuals and their families. 

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

13 payments under the Black Lung Benefits Act do not 

14 automatically increase with the rising cost of living. 

15 Benefit payments are tied to the monthly pay rate 

16 for Federal employees in grade GS–2, step 1. In sev17 eral of the fiscal years prior to the enactment of this 

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

19 which had the effect of eliminating cost-of-living ad20 justments for miners, surviving spouses, and depend21 ents under the Black Lung Benefits Act during such 

22 years. 

23 (9) A competent assessment of medical infor24 mation and testimony, which often involves multiple 

25 physicians disputing a diagnosis, is necessary in demstockstill on DSK5SPTVN1PROD with BILLS

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1 termining whether to award benefits under the 

2 Black Lung Benefits Act. To ensure that a deter3 mination regarding a claim for benefits under such 

4 Act is fair and accurate, regular training is needed 

5 regarding— 

6 (A) developments in pulmonary medicine 

7 relating to black lung disease; 

8 (B) medical evidence necessary to sustain 

9 claims for such benefits; and 

10 (C) the proper weight to be given to con11 flicting evidence. 

12 (10) Black lung disease has been the underlying 

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

14 miners since 1968. After decades of decline, the inci15 dence of coal miners with black lung disease is on 

16 the rise. According to NIOSH, miners are devel17 oping advanced cases of the disease at younger ages. 

18 In response, the Department of Labor has taken im19 portant steps to combat the disease, including pro20 mulgating a rule that reduces the allowed concentra21 tion of coal dust and eliminates weaknesses in the 

22 current dust sampling system. Retrospective studies 

23 should be continued to determine whether revisions 

24 to the standards are necessary to eliminate the dis25 ease. 

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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.—In any claim for benefits under 

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

25 proceeding with a copy of all medical information develmstockstill on DSK5SPTVN1PROD with BILLS

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1 oped regarding the miner’s physical condition relating to 

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

3 the information as evidence. Such medical information 

4 shall include the opinion of any examining physician, and 

5 any examining or nonexamining physician’s interpreta6 tions of radiographs or pathology. 

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

8 regulations regarding the disclosure of medical informa9 tion under this section, and such regulations may establish 

10 sanctions for noncompliance with this section.’’. 

11 SEC. 102. LEGAL FEES. 

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

13 901 et seq.), as amended by section 101, is further amend14 ed by adding at the end the following: 

15 ‘‘SEC. 404. ATTORNEYS’ FEE PAYMENT PROGRAM. 

16 ‘‘(a) PROGRAM ESTABLISHED.— 

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

18 after the date of enactment of the Black Lung Bene19 fits Improvement Act of 2014, the Secretary shall 

20 establish an attorneys’ fee payment program to pay 

21 attorneys’ fees, using amounts from the fund, to the 

22 attorneys of claimants in qualifying claims. 

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

24 for purposes of this section is a contested claim for 

25 benefits under this title for which a final order has 

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

2 claim. 

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

4 Notwithstanding any other provision of law, 

5 amounts in the fund shall be available for payments 

6 authorized by the Secretary under this section. 

7 ‘‘(b) PAYMENTS AUTHORIZED.— 

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

9 under this title obtains an effective award for a 

10 qualifying claim before an administrative law judge, 

11 the Benefits Review Board established under section 

12 21(b) of the Longshore and Harbor Workers’ Com13 pensation Act (33 U.S.C. 921(b)), or a Federal 

14 court, and the judge, Board, or court approves attor15 neys’ fees for work done before it, the Secretary 

16 shall, through the program under this section, pay 

17 an amount of attorneys’ fees not to exceed $1,500 

18 at each stage of the administrative and legal process. 

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

20 under this section shall not pay more than a total 

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

22 claim. 

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

24 which a qualifying claim results in a final order awarding 

25 compensation, the liable operator shall reimburse the fund 

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1 for any fees paid under this section, subject to enforce2 ment by the Secretary under section 424 and in the same 

3 manner as compensation orders are enforced under section 

4 21(d) of the Longshore and Harbor Workers’ Compensa5 tion Act (33 U.S.C. 921(d)). 

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

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

8 liability for any attorneys’ fees awarded by an administra9 tive law judge, the Benefits Review Board, or a Federal 

10 court, that were not paid by the program under this sec11 tion. Nothing in this section shall limit or otherwise affect 

12 the Secretary’s authority to use amounts in the fund to 

13 pay approved attorneys’ fees in claims for benefits under 

14 this title for which a final order awarding compensation 

15 has been entered and the operator is unable to pay. 

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

17 payment for attorneys’ fees made by the Secretary under 

18 this section shall not be recouped from the claimant or 

19 the claimant’s attorney.’’. 

20 SEC. 103. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN21 EFITS. 

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

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

24 (4) and inserting the following: 

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1 ‘‘(3) If x-ray, biopsy, autopsy, or other medi2 cally accepted and relevant test or procedure estab3 lishes that a miner is suffering or has suffered from 

4 a chronic dust disease of the lung, diagnosed as 

5 complicated pneumoconiosis or progressive massive 

6 fibrosis (pneumoconiosis that has formed an opacity, 

7 mass, or lesion greater than one centimeter in di8 ameter), then there shall be an irrebuttable pre9 sumption that such miner is totally disabled due to 

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

11 pneumoconiosis, or that at the time of death the 

12 miner was totally disabled by pneumoconiosis, as the 

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

14 or more large opacities (greater than one centimeter 

15 in diameter), and would be classified in category A, 

16 B, or C in the International Classification of 

17 Radiographs of Pneumoconioses by the International 

18 Labor Organization, shall be sufficient to invoke the 

19 presumption, in the absence of more probative evi20 dence sufficient to establish that the etiology of a 

21 large opacity is not pneumoconiosis. 

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

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

24 chest radiograph submitted in connection with the 

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

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1 surviving spouse, child, parent, brother, sister, or de2 pendent and it is interpreted as negative with re3 spect to the requirements of paragraph (3), and if 

4 other evidence demonstrates the existence of a to5 tally disabling respiratory or pulmonary impairment, 

6 then there shall be a rebuttable presumption that 

7 such miner is totally disabled due to pneumoconiosis, 

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

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

10 disabled by pneumoconiosis. In the case of a living 

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

12 to establish the presumption under this paragraph. 

13 The presumption under this paragraph may be re14 butted only by establishing that such miner does 

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

16 of such miner’s respiratory or pulmonary impair17 ment was caused by pneumoconiosis.’’. 

18 SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

19 FOR MINERS SUFFERING FROM BLACK LUNG 

20 DISEASE AND FOR THEIR DEPENDENT FAM21 ILY MEMBERS. 

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

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

24 inserting the following: 

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

2 due to pneumoconiosis, the disabled miner shall be 

3 paid benefits during the disability— 

4 ‘‘(A) for any calendar year preceding January 1, 2015, at a rate equal to 371 5 ⁄2 percent 

6 of the monthly pay rate for Federal employees 

7 in grade GS–2, step 1; 

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

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

10 payable in 12 equal monthly payments; and 

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

12 a rate equal to the amount under subparagraph 

13 (B) increased by an amount equal to any in14 crease in the annual rate of the Consumer Price 

15 Index for Urban Wage Earners and Clerical 

16 Workers, as published by the Bureau of Labor 

17 Statistics.’’. 

18 SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE. 

19 Section 422 of the Black Lung Benefits Act (30 

20 U.S.C. 932) is amended by adding at the end the fol21 lowing: 

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

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

24 balanced on an issue shall resolve any resulting doubt in 

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

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

3 SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN4 ERS AND THEIR DEPENDENT FAMILY MEM5 BERS. 

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

7 U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex8 amination, and treatment’’ and all that follows through 

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

10 and treatment of respiratory and pulmonary impairments 

11 in active and inactive coal miners and for assistance on 

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

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

14 SEC. 107. FALSE STATEMENTS OR MISREPRESENTATIONS, 

15 ATTORNEY DISQUALIFICATION, AND DIS16 COVERY SANCTIONS. 

17 Section 431 of the Black Lung Benefits Act (30 

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

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

20 ATTORNEY DISQUALIFICATION, AND DIS21 COVERY SANCTIONS. 

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

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

4 benefits under this title; or 

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

6 knowingly mislead a party, representative, witness, 

7 potential witness, judge, or anyone participating in 

8 a proceeding regarding any matter related to a pro9 ceeding under this title. 

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

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

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

14 5 years, or both. 

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

16 Attorney for the district in which the conduct described 

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

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

20 ‘‘(d) DISQUALIFICATION.— 

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

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

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

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

6 representing any party in a proceeding under this 

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

8 attorney— 

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

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

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

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

14 territory, commonwealth, or possession of the 

15 United States with jurisdiction over the pro16 ceeding. 

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

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

19 order to compel discovery or disclosure, or to supplement 

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

21 sanctions may include, as appropriate— 

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

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

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

2 defenses, or right to introduce evidence; and 

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

4 noncomplying party. 

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

6 regulations that— 

7 ‘‘(1) provide procedures for the disqualifications 

8 and sanctions under this section and are appropriate 

9 for all parties; and 

10 ‘‘(2) distinguish between parties that are rep11 resented by an attorney and parties that are not 

12 represented by an attorney.’’. 

13 SEC. 108. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

14 SECRETARY. 

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

16 931 et seq.) is amended by adding at the end the fol17 lowing: 

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

19 SECRETARY. 

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

21 request by a claimant for benefits under this title, the Sec22 retary shall provide the claimant an opportunity to sub23 stantiate the claim through a complete pulmonary evalua24 tion of the miner that shall include— 

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

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

3 and in accordance with subsection (d)(5) and sec4 tions 402(f)(1)(D) and 413(b); and 

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

6 met, any supplemental medical evidence described in 

7 subsection (c). 

8 ‘‘(b) CONDITIONS FOR SUPPLEMENTAL MEDICAL

9 EVIDENCE.—The Secretary shall develop supplemental 

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

11 ‘‘(1) for any claim in which the Secretary rec12 ommends an award of benefits based on the results 

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

14 party opposing such award submits evidence that 

15 could be considered contrary to the findings of the 

16 Secretary; and 

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

18 heard by an administrative law judge, in which— 

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

20 the claimant; 

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

22 submitted evidence not previously reviewed that 

23 could be considered contrary to the award 

24 under subparagraph (A); and 

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

2 represented by an attorney, the claimant’s at3 torney consents to the Secretary developing 

4 supplemental medical evidence. 

5 ‘‘(c) PROCESS FOR SUPPLEMENTAL MEDICAL EVI6 DENCE.— 

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

8 paragraph (2), to develop supplemental medical evi9 dence under conditions described in subsection (b), 

10 the Secretary shall request the physician who con11 ducted the initial report under subsection (a)(1) 

12 to— 

13 ‘‘(A) review any medical evidence sub14 mitted after such report or the most recent sup15 plemental report, as appropriate; and 

16 ‘‘(B) update his or her opinion in a supple17 mental report. 

18 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi19 cian is no longer available or is unwilling to provide 

20 supplemental medical evidence under paragraph (1), 

21 the Secretary shall select another qualified physician 

22 to provide such evidence. 

23 ‘‘(d) QUALIFIED PHYSICIANS FOR COMPLETE PUL24 MONARY EVALUATION AND PROTECTIONS FOR SUIT25 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

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1 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec2 retary shall create and maintain a list of qualified 

3 physicians to be selected by a claimant to perform 

4 the complete pulmonary evaluation described in sub5 section (a). 

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

7 shall make the list under this subsection available to 

8 the public. 

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

10 Secretary shall update such list by reviewing the 

11 suitability of the listed qualified physicians and as12 sessing any potential conflicts of interest. 

13 ‘‘(4) CRITERIA FOR SUITABILITY.—In deter14 mining whether a physician is suitable to be on the 

15 list under this subsection, the Secretary shall consult 

16 the National Practitioner Data Bank of the Depart17 ment of Health and Human Services and assess re18 ports of adverse licensure, certifications, hospital 

19 privilege, and professional society actions involving 

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

21 physician— 

22 ‘‘(A) who is not licensed to practice medi23 cine in any State or any territory, common24 wealth, or possession of the United States; 

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

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

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

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

8 shall develop and implement policies and procedures 

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

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

15 that, unless the claimant knowingly and with the 

16 benefit of full disclosure waives the following limita17 tions, a physician shall not be used to perform a 

18 complete pulmonary medical evaluation under sub19 section (a) that is reimbursed pursuant to subsection 

20 (f), if— 

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

22 contract to, or otherwise providing services to a 

23 private party opposing the claim, a law firm or 

24 lawyer representing such opposing party, or an 

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1 interested insurer or other interested third 

2 party; or 

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

4 a private party opposing the claim, a law firm 

5 or lawyer representing such opposing party, or 

6 an interested insurer or other interested third 

7 party in the previous 24 months. 

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

9 supplemental report under this section, the Secretary shall 

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

11 report to all parties to the proceeding. 

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

13 the medical evidence under this section shall be paid for 

14 by the fund. If a claimant receives a final award of bene15 fits, the operator liable for payment of benefits, if any, 

16 shall reimburse the fund for such expenses, which shall 

17 include interest.’’. 

18 SEC. 109. ESTABLISHMENT OF PILOT PROGRAM TO PRO19 VIDE IMPARTIAL CLASSIFICATIONS OF 

20 CHEST RADIOGRAPHS. 

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

22 Benefits Act (30 U.S.C. 931 et seq.), as amended by sec23 tion 108, is further amended by adding at the end the 

24 following: 

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1 ‘‘SEC. 436. ESTABLISHMENT OF PILOT PROGRAM TO PRO2 VIDE IMPARTIAL CLASSIFICATIONS OF 

3 CHEST RADIOGRAPHS. 

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

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

6 an individual who— 

7 ‘‘(A) has a valid license to practice medi8 cine in not less than one State, territory, com9 monwealth, or possession of the United States; 

10 and 

11 ‘‘(B) has demonstrated a proficiency, 

12 through an examination administered by the 

13 National Institute for Occupational Safety and 

14 Health, in classifying chest radiographs for 

15 findings consistent with pneumoconiosis using 

16 the International Classification of Radiographs 

17 of Pneumoconioses by the International Labor 

18 Organization (ILO). 

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

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

21 selected by the Director exclusively from the B 

22 Reader Panel Pool. 

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

24 the Director of the National Institute for Occupa25 tional Safety and Health. 

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

2 classification’ means the standardized categorization 

3 of chest radiographs for findings consistent with 

4 pneumoconiosis using the International Classifica5 tion of Radiographs of Pneumoconioses by the Inter6 national Labor Organization. 

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

8 Reader Panel Pool’ means the group of physicians 

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

10 ‘‘(b) B READER PANEL PROGRAM.— 

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

12 ‘‘(A) IN GENERAL.—The Director shall es13 tablish, in the National Institute for Occupa14 tional Safety and Health, a pilot program to be 

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

16 B Reader Panel Program shall establish B 

17 Reader Panels that— 

18 ‘‘(i) are operated in a manner to as19 sure accurate ILO classifications, which 

20 may be used for claims for benefits de21 scribed in subparagraph (C); 

22 ‘‘(ii) only classify chest radiographs; 

23 and 

24 ‘‘(iii) classify all appearances de25 scribed in the International Classification 

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1 of Radiographs of Pneumoconiosis or illus2 trated by the ILO Standard Radiographs. 

3 ‘‘(B) DURATION.—The B Reader Panel 

4 Program established under this section shall be 

5 conducted for a duration of one year, beginning 

6 after the issuance of necessary protocols and in7 terim final rules under subsection (h). 

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

9 classification may only be requested under this 

10 section for a claim for benefits under this title 

11 where the presence or absence of complicated 

12 pneumoconiosis or progressive massive fibrosis 

13 (large opacities greater than or equal to cat14 egory A of the ILO classification) is in fact at 

15 issue. 

16 ‘‘(2) PROGRAM PERSONNEL MATTERS.— 

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

18 such personnel as are necessary to establish, 

19 manage, and evaluate the B Reader Panel Pro20 gram, including a B Reader Program Director 

21 described in subparagraph (B). 

22 ‘‘(B) B READER PROGRAM DIRECTOR.— 

23 The B Reader Program Director shall be a phy24 sician who is a B Reader and has documented 

25 expertise in ILO classifications. 

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1 ‘‘(C) STAFF.— 

2 ‘‘(i) IN GENERAL.—In procuring the 

3 services of B Readers for this section, the 

4 Director may hire Federal personnel, con5 tract for services, or both. 

6 ‘‘(ii) COMPENSATION.—The Director 

7 shall establish compensation rates for B 

8 Readers who are hired under contract. 

9 ‘‘(3) ETHICS POLICY.— 

10 ‘‘(A) CODE OF ETHICS.— 

11 ‘‘(i) IN GENERAL.—In order to maxi12 mize the quality, objectivity, and con13 fidence in ILO classifications under this 

14 section, the Director shall establish a bind15 ing code of ethics to which all B Readers 

16 in the B Reader Panel Pool shall agree to 

17 in writing and adhere. 

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

19 shall include— 

20 ‘‘(I) definitions and stipulations 

21 of procedures dealing with actual and 

22 apparent conflicts of interest and the 

23 appearance of bias or lack of suffi24 cient impartiality; 

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1 ‘‘(II) a requirement that each 

2 such B Reader submits a conflict of 

3 interest disclosure statement to the 

4 Director and annually updates such 

5 statement; and 

6 ‘‘(III) requirements for the con7 tent of the conflict of interest disclo8 sure statements required under sub9 clause (II). 

10 ‘‘(B) B READER ETHICS OFFICER.—The 

11 Director shall designate an employee of the Na12 tional Institute for Occupational Safety and 

13 Health as the B Reader Ethics Officer whose 

14 responsibilities shall include— 

15 ‘‘(i) reviewing all conflict of interest 

16 disclosures of B Readers on the B Reader 

17 Panel Pool; 

18 ‘‘(ii) investigating the validity of such 

19 disclosures; 

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

21 Readers who fail to disclose a conflict of 

22 interest; 

23 ‘‘(iv) addressing complaints about in24 complete or inaccurate conflict of interest 

25 disclosures; 

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1 ‘‘(v) assessing whether any such B 

2 Reader has been improperly assigned to a 

3 panel due to a conflict of interest; and 

4 ‘‘(vi) assuring full transparency of 

5 conflict of interest disclosures to the pub6 lic. 

7 ‘‘(4) QUALITY ASSURANCE PROGRAM.— 

8 ‘‘(A) PROTOCOLS.— 

9 ‘‘(i) ESTABLISHMENT.—The Director 

10 shall establish a quality assurance program 

11 consisting of protocols to ensure that the 

12 results produced by B Reader Panels meet 

13 or exceed standards of performance re14 quired for accuracy and consistency. 

15 ‘‘(ii) PROTOCOLS.—The protocols 

16 under this subparagraph shall include pro17 tocols— 

18 ‘‘(I) for each B Reader to pre19 pare an individual ILO classification 

20 report for each chest radiograph; and 

21 ‘‘(II) for the preparation of a 

22 final ILO classification report for the 

23 chest radiograph. 

24 ‘‘(iii) ADDITIONAL REVIEWERS.—If 

25 individual ILO classifications reported by 

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1 each B Reader of a B Reader Panel di2 verge from each other by more than an ac3 ceptable variance, as determined by proto4 cols established under subsection (h), the 

5 Director shall assign additional B Readers 

6 to the applicable B Reader Panel or con7 vene an additional B Reader Panel, as the 

8 Director determines necessary, to assure 

9 that the ILO classification report of the 

10 initial B Reader Panel is accurate and sci11 entifically valid. 

12 ‘‘(iv) USE OF KNOWN POSITIVE AND

13 NEGATIVE X-RAYS AS A QUALITY CONTROL

14 TOOL.—The quality assurance program 

15 under this paragraph shall use pre-read 

16 radiographs, for which ILO classifications 

17 have been previously established as exter18 nal standards, with sufficient frequency in 

19 order to assure that B Readers on B Read20 er Panels read radiographs that are bor21 derline positive or negative for complicated 

22 pneumoconiosis or progressive massive fi23 brosis (large opacities greater than or 

24 equal to category A of the ILO classifica25 tion) with accuracy and consistency. 

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1 ‘‘(v) BLIND READINGS.—In reading a 

2 radiograph to make an ILO classification, 

3 a B Reader shall be blinded from the ori4 gin of the radiograph. 

5 ‘‘(B) CONTINUOUS IMPROVEMENT.—The 

6 Director shall establish a process for providing 

7 feedback to B Readers in the B Reader Pool 

8 with respect to their performance in providing 

9 ILO classifications and provide suggestions for 

10 improvement. 

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

12 PANEL POOL.— 

13 ‘‘(1) ESTABLISHMENT.—The Director shall es14 tablish a B Reader Panel Pool to be used for the B 

15 Reader Panel Program under this section. The Di16 rector shall solicit and select physicians who are B 

17 Readers for inclusion in the B Reader Panel Pool. 

18 ‘‘(2) SELECTION AND RETENTION FOR B READ19 ERS ON B READER PANEL POOL.— 

20 ‘‘(A) IN GENERAL.—The Director shall es21 tablish and disclose criteria by which B Readers 

22 are selected and retained within the B Reader 

23 Panel Pool, including minimum standards of 

24 performance described in subparagraph (B). 

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1 ‘‘(B) MINIMUM STANDARDS OF PERFORM2 ANCE.—The minimum standards of perform3 ance for inclusion in the B Reader Panel Pool 

4 shall include requiring the B Reader to make 

5 radiograph classifications consistent with ILO 

6 classification criteria that are consistently with7 in acceptable norms, as established by the Di8 rector. 

9 ‘‘(C) CONSIDERATIONS FOR SELECTION.— 

10 In selecting a B Reader to be included in the 

11 B Reader Panel Pool, the Director shall— 

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

13 practicable, the prior performance of the B 

14 Reader in making ILO classifications; 

15 ‘‘(ii) consult the National Practitioner 

16 Data Bank of the Department of Health 

17 and Human Services for information on 

18 physician suitability; and 

19 ‘‘(iii) assess reports of adverse licen20 sure, certifications, hospital privilege, and 

21 professional society actions involving the B 

22 Reader. 

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

24 monitor ILO classifications conducted under 

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1 cluded in the B Reader Panel Pool dem2 onstrates a pattern of providing ILO classifica3 tions that are erroneous or not consistently 

4 within the acceptable norms, as established by 

5 the Director. 

6 ‘‘(3) PROCESS FOR REMOVAL.— 

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

8 authorized to suspend or remove any B Reader 

9 from the B Reader Panel Pool for— 

10 ‘‘(i) consistently failing to meet the 

11 minimum standards of performance under 

12 paragraph (2)(B); 

13 ‘‘(ii) breaching the code of ethics 

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

15 ‘‘(iii) other disqualifying conduct, as 

16 established by rule or policy. 

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

18 a process for a B Reader who is aggrieved by 

19 a decision of the Director under subparagraph 

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

21 and Human Services. The review by such Sec22 retary shall not stay the suspension of the B 

23 Reader during the pendency of the review. 

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

25 publicly accessible— 

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

2 Readers included in the B Reader Panel Pool; 

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

4 been suspended or removed from the B Reader 

5 Panel Pool and the reasons for such suspension 

6 or removal; 

7 ‘‘(C) the conflict of interest disclosure 

8 statements required under subsection 

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

10 ‘‘(D) any pertinent information which the 

11 Director determines necessary to assure trans12 parency and program integrity. 

13 ‘‘(d) ELIGIBILITY TO REQUEST ILO CLASSIFICA14 TIONS.—Each of the following individuals may request an 

15 ILO classification under this section: 

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

17 representatives, in a claim for benefits that meets 

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

19 ‘‘(2) Individuals defined as adjudication officers 

20 by regulations of the Secretary. 

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

22 a written request for the classification of a chest 

23 radiograph, the Director shall provide a report conducted 

24 by a B Reader Panel— 

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1 ‘‘(1) for digital chest radiographic images, with2 in 45 days; and 

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

4 days. 

5 ‘‘(f) TESTIMONY.— 

6 ‘‘(1) AVAILABILITY OF DIRECTOR OR DES7 IGNEE.—The Director, or a designee of the Director, 

8 shall be available to respond to interrogatories or ap9 pear and testify about a B Reader Panel’s conclu10 sions or the process by which B Reader Panels clas11 sify radiographs in a case under subsection 

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

13 ‘‘(2) INTERROGATORIES AND SUBPOENAS FOR B

14 READERS.—To the extent that additional informa15 tion is reasonably necessary for the full development 

16 of evidence pertaining to a B Reader Panel Report 

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

18 a B Reader Panel— 

19 ‘‘(A) may be required to respond to inter20 rogatories with respect to the ILO classification 

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

22 so ordered by an administrative law judge; and 

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

24 testify under subpoena, unless the party making 

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1 such request demonstrates to an administrative 

2 law judge that— 

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

4 incomplete or lacks information that is rea5 sonably necessary for such full develop6 ment; and 

7 ‘‘(II) if responses to interrogatories 

8 were ordered, the responses are unclear or 

9 incomplete; or 

10 ‘‘(ii) there is an extraordinary cir11 cumstance in which additional information 

12 that is reasonably necessary for such full 

13 development is otherwise unavailable from 

14 the Director and can only be provided by 

15 such B Reader. 

16 ‘‘(g) ADMINISTRATIVE COSTS.— 

17 ‘‘(1) ESTABLISHMENT.—Funds necessary to es18 tablish and operate the B Reader Panel Program 

19 under this section shall be paid as an administrative 

20 cost from the fund. The Director shall consult with 

21 the Secretary on allocations of funds in establishing 

22 such program. 

23 ‘‘(2) COSTS OF REPORTS FOR B READER PAN24 ELS.— 

25 ‘‘(A) FEES.— 

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

2 establish a fee for a B Reader Panel Re3 port in accordance with clause (ii). Such 

4 fee shall be payable by the party request5 ing such report. No fee shall be charged if 

6 the request for such ILO classification is 

7 made by an individual defined as an adju8 dication officer by regulations of the Sec9 retary. 

10 ‘‘(ii) LIMITATION.—The amount of a 

11 fee under clause (i) shall not exceed the di12 rect cost of hiring the B Readers of the B 

13 Reader Panel that made the ILO classi14 fication. 

15 ‘‘(B) LEGAL COSTS.— 

16 ‘‘(i) IN GENERAL.—The National In17 stitute for Occupational Safety and Health 

18 shall use amounts in the fund to pay for 

19 all costs related to the appearance and re20 sponses to interrogatories of the Director 

21 or a designee of the Director, or a B Read22 er of a B Reader Panel, in a proceeding 

23 under this section. 

24 ‘‘(ii) REPRESENTATION OF THE NA25 TIONAL INSTITUTE FOR OCCUPATIONAL

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1 SAFETY AND HEALTH.—The General 

2 Counsel of the Department of Health and 

3 Human Services shall, in consultation with 

4 the Solicitor of Labor, represent the Na5 tional Institute for Occupational Safety 

6 and Health in any proceeding under this 

7 section, which costs shall be payable from 

8 the fund. 

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

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

11 Black Lung Benefits Improvement Act of 2014, the Sec12 retary of Health and Human Services shall issue protocols 

13 and promulgate interim final rules, as necessary, to com14 mence the implementation of this section. 

15 ‘‘(i) REPORT TO CONGRESS.— 

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

17 after the completion of the pilot program under this 

18 section, the Director shall, in consultation with the 

19 Secretary of Labor, prepare and submit a report to 

20 the Committee on Health, Education, Labor, and 

21 Pensions of the Senate and the Committee on Edu22 cation and the Workforce of the House of Rep23 resentatives that includes the information in para24 graph (2). 

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1 ‘‘(2) CONTENTS.—The report under this sub2 section shall include— 

3 ‘‘(A) the number of B Reader Panels es4 tablished under this section; 

5 ‘‘(B) the number of B Readers partici6 pating in the pilot program under this section; 

7 ‘‘(C) the effectiveness of the quality assur8 ance program under subsection (b)(4); 

9 ‘‘(D) the accuracy of the ILO classifica10 tions conducted by B Readers under this sec11 tion; 

12 ‘‘(E) challenges in the administration and 

13 implementation of such pilot program; 

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

15 program; 

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

17 the claims adjudication process; 

18 ‘‘(H) a recommendation on whether the 

19 pilot program under this section should extend 

20 beyond the one-year duration under subsection 

21 (b)(1)(B); and 

22 ‘‘(I) recommendations for any necessary 

23 modifications to such pilot program, if the Di24 rector recommends such an extension.’’. 

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1 (b) CONFORMING AMENDMENT RELATED TO DE2 POSIT OF FEES.—Section 9501(b) of the Internal Rev3 enue Code of 1986 (26 U.S.C. 9501(b)) is amended by 

4 adding at the end the following new paragraph: 

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

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

7 Black Lung Benefits Act.’’. 

8 SEC. 110. MEDICAL EVIDENCE TRAINING PROGRAM. 

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

10 931 et seq.), as amended by sections 108 and 109, is fur11 ther amended by adding at the end the following: 

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

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

14 date of enactment of the Black Lung Benefits Improve15 ment Act of 2014, the Secretary, in coordination with the 

16 National Institute for Occupational Safety and Health, 

17 shall establish and implement a training program, to pro18 vide education on issues relating to medical evidence rel19 evant to claims for benefits under this title, to each of 

20 the following individuals who engage in work under this 

21 title: 

22 ‘‘(1) District directors. 

23 ‘‘(2) Claims examiners working under such di24 rectors. 

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1 ‘‘(3) Administrative law judges and attorney 

2 advisors supporting such judges. 

3 ‘‘(4) Members of the Benefits Review Board es4 tablished under section 21(b) of the Longshore and 

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

6 921(b)). 

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

8 program under this section shall provide an overview of 

9 topics that include— 

10 ‘‘(1) new developments in pulmonary medicine 

11 relating to pneumoconiosis; 

12 ‘‘(2) medical evidence, and other relevant evi13 dence, sufficient to support a claim for benefits 

14 under this title; and 

15 ‘‘(3) weighing conflicting medical evidence and 

16 testimony concerning eligibility for such benefits. 

17 ‘‘(c) TIMING OF TRAINING.— 

18 ‘‘(1) INDIVIDUALS HIRED OR APPOINTED PRIOR

19 TO THE BLACK LUNG BENEFITS IMPROVEMENT ACT

20 OF 2014.—Any district director, claims examiner, ad21 ministrative law judge, attorney advisor supporting 

22 such judge, or member of the Benefits Review Board 

23 described in subsection (a)(4), who was hired or ap24 pointed prior to the date of enactment of the Black 

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1 plete the training program under this section not 

2 later than 60 days after the establishment of such 

3 program under subsection (a) and not less than an4 nually thereafter. 

5 ‘‘(2) INDIVIDUALS HIRED OR APPOINTED AFTER

6 THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF

7 2014.—Any district director, claims examiner, admin8 istrative law judge, attorney advisor supporting such 

9 judge, or member of the Benefits Review Board de10 scribed in subsection (a)(4), who is not described in 

11 paragraph (1) shall complete the training program 

12 under this section prior to engaging in any work 

13 under this title and not less than annually there14 after.’’. 

15 SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS. 

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

17 is amended— 

18 (1) in section 401(a) (30 U.S.C. 901(a)), by in19 serting ‘‘or who were found to be totally disabled by 

20 such disease’’ after ‘‘such disease’’; 

21 (2) in section 402— 

22 (A) in subsection (a), by striking para23 graph (2) and inserting the following: 

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

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1 tributions from the miner for support, or whose 

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

3 to contribute to support, or who meets the require4 ments of paragraph (1) or (2) of section 216(b) of 

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

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

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

8 married to the miner under the laws of the State 

9 where the marriage was celebrated. The term 

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

11 husband’, as such terms are defined in paragraph 

12 (1) or (4) of section 216(d) of such Act, who is re13 ceiving at least one-half of his or her support, as de14 termined in accordance with regulations prescribed 

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

16 substantial contributions from the miner (pursuant 

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

18 order for substantial contributions to the spouse’s 

19 support from such miner.’’; 

20 (B) by striking subsection (e) and insert21 ing the following: 

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

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

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

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

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

2 (E) of section 216(c)(1) of the Social Security Act, sub3 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

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

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

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

7 under the laws of the State where the marriage was cele8 brated. Such term also includes a ‘surviving divorced wife’ 

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

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

11 for the month preceding the month in which the miner 

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

13 as determined in accordance with regulations prescribed 

14 by the Secretary, from the miner, or was receiving sub15 stantial contributions from the miner (pursuant to a writ16 ten agreement) or there was in effect a court order for 

17 substantial contributions to the spouse’s support from the 

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

19 (C) in subsection (g)— 

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

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

22 ceased’’; and 

23 (ii) in the matter following paragraph 

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

25 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).’’; and 

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).’’; 

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 2014, 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 PART B—REPORTS TO IMPROVE THE ADMINIS9 TRATION OF BENEFITS UNDER THE BLACK 

10 LUNG BENEFITS ACT 

11 SEC. 113. STRATEGY TO REDUCE DELAYS IN ADJUDICA12 TION. 

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

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

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

16 and Pensions and the Committee on Appropriations of the 

17 Senate and the Committee on Education and the Work18 force and the Committee on Appropriations of the House 

19 of Representatives a comprehensive strategy to reduce the 

20 backlog of cases pending on such date of enactment before 

21 the Office of Administrative Law Judges of the Depart22 ment of Labor. 

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

24 this section shall provide information relating to— 

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1 (1) the current and targeted pendency for each 

2 category of cases before the Office of Administrative 

3 Law Judges of the Department of Labor; 

4 (2) the number of administrative law judges, 

5 attorney advisors supporting such judges, support 

6 staff, and other resources necessary to achieve and 

7 maintain the targeted pendency for each category of 

8 such cases; 

9 (3) the necessary resources to improve effi10 ciency and effectiveness, such as equipment for video 

11 conferences, training, use of reemployed annuitants, 

12 and administrative reforms; 

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

14 the Federal Government shutdown, which occurred 

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

16 administrative burdens and the backlog of cases 

17 pending before such office; and 

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

19 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec20 essary resources needed to reduce the average pend21 ency of cases to less than 12 months from the date 

22 of receipt of the case to the date of disposition of 

23 such case. 

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

25 Secretary of Labor shall consult with organizations that 

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1 have ongoing interactions with the Office of Administra2 tive Law Judges of the Department of Labor, including 

3 organizations that represent parties in cases under the 

4 Black Lung Benefits Act, the Longshore and Harbor 

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

6 Federal statutes regarding whistleblowers, wages and 

7 hours for employees, and immigration. 

8 SEC. 114. GAO REPORT ON BLACK LUNG PROGRAM. 

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

10 date of enactment of this Act, the Comptroller General 

11 of the United States shall submit to the Committee on 

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

13 the Committee on Education and the Workforce of the 

14 House of Representatives a report on any barriers to 

15 health care faced by coal miners with pneumoconiosis. 

16 (b) CONTENTS.—The report required under sub17 section (a) shall include— 

18 (1) an assessment of possible barriers to health 

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

20 901 et seq.) and the degree to which any barriers 

21 impact the ability of miners with legitimate medical 

22 needs, particularly such miners in rural areas, to ac23 cess treatment for pneumoconiosis; 

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1 (2) recommendations necessary to address 

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

3 under such Act; and 

4 (3) an evaluation of whether the benefit pay5 ments authorized under such Act, as amended by 

6 this Act, are sufficient to meet the expenses of dis7 abled miners, surviving spouses, dependents, and 

8 other family members entitled to receive benefits 

9 under the Black Lung Benefits Act. 

10 TITLE II—STANDARD FOR RES11 PIRABLE DUST CONCENTRA12 TION 

13 SEC. 201. STANDARD FOR RESPIRABLE DUST CONCENTRA14 TION. 

15 Section 202 of the Federal Mine Safety and Health 

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

17 the end the following: 

18 ‘‘(i) REPORTS.— 

19 ‘‘(1) RETROSPECTIVE STUDY.— 

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

21 1, 2021, the Secretary shall conduct a retro22 spective study evaluating data collected using 

23 continuous personal dust monitors to determine 

24 whether to— 

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1 ‘‘(i) lower the applicable standard for 

2 respirable dust concentration to protect the 

3 health of miners; 

4 ‘‘(ii) increase the frequency for taking 

5 samples of respirable dust concentration, 

6 using continuous personal dust monitors; 

7 ‘‘(iii) modify the engineering controls 

8 and work practices used by mine operators 

9 to comply with the applicable standard for 

10 respirable dust concentration; and 

11 ‘‘(iv) convert samples taken for shifts 

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

13 equivalent concentration to more accu14 rately assess the conditions of miners 

15 working on longer shifts. 

16 ‘‘(B) COMPLETION DEADLINE.—By Au17 gust 1, 2022, the Secretary shall complete the 

18 study required by subparagraph (A) and report 

19 the findings of such study to the Committee on 

20 Health, Education, Labor, and Pensions of the 

21 Senate and the Committee on Education and 

22 the Workforce of the House of Representatives. 

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

24 2025, and every 3 years thereafter, the Secretary 

25 shall conduct a new study as described in paragraph 

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

2 the commencement of the study, the findings of such 

3 study to the Committee on Health, Education, 

4 Labor, and Pensions of the Senate and the Com5 mittee on Education and the Workforce of the 

6 House of Representatives. 

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

8 the Secretary under this subsection concludes that 

9 the applicable standard for respirable dust con10 centration should be lowered to protect the health of 

11 miners, or that the incidence of pneumoconiosis 

12 among coal miners in the United States, as reported 

13 by the National Institute for Occupational Safety 

14 and Health, has not been reduced from such inci15 dence prior to the implementation of the most recent 

16 applicable standard for respirable dust concentra17 tion, the Secretary shall, consistent with the require18 ments of this section and section 101, accordingly 

19 revise such standard and any applicable sampling or 

20 testing procedures not later than 24 months after 

21 the publication of such report of the Secretary under 

22 this subsection.’’. 

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1 TITLE III—ESTABLISHING THE 

2 OFFICE OF WORKERS’ COM3 PENSATION PROGRAMS 

4 SEC. 301. OFFICE OF WORKERS’ COMPENSATION PRO5 GRAMS. 

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

7 the Department of Labor, an Office of Workers’ Com8 pensation Programs (referred to in this section as the ‘‘Of9 fice’’). 

10 (b) DIRECTOR.— 

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

12 by a Director for the Office of Workers’ Compensa13 tion (referred to in this title as the ‘‘Director’’) who 

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

15 advice and consent of the Senate. 

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

17 duties carried out by the Director for the Office of 

18 Workers’ Compensation as of the day before the 

19 date of enactment of this Act. 

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

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

22 functions of the Office on the day before the date of enact23 ment of this Act, including all of its personnel, assets, au24 thorities, and liabilities. 

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1 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM2 PENSATION.—Reference in any other Federal law, Execu3 tive order, reorganization plan, rule, regulation, or delega4 tion of authority, or any document of or relating to the 

5 Bureau of Employees’ Compensation with regard to func6 tions carried out by the Office of Workers’ Compensation 

7 Programs, shall be deemed to refer to the Office of Work8 ers’ Compensation Programs. 

9 TITLE IV—SEVERABILITY 

10 SEC. 401. SEVERABILITY. 

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

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

13 person or circumstance, is held to be invalid, the remain14 der of this Act, or an amendment made by this Act, or 

15 the application of such provision to other persons or cir16 cumstances, shall not be affected. 

Æ 

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