I 

117TH CONGRESS 

1ST SESSION H. R. 6102 

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 

DECEMBER 1, 2021 

Mr. CARTWRIGHT (for himself and Mr. SCOTT of Virginia) introduced the following bill; which was referred to the Committee on Education and 

Labor, 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 2021’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—BLACK LUNG BENEFITS 

PART A—IMPROVING THE PROCESS FOR FILING AND ADJUDICATING CLAIMS

FOR BENEFITS

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

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

Sec. 103. Clarifying eligibility for black lung benefits. 

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

black lung disease and for their dependent family members. 

Sec. 105. Treatment of evidence in equipoise. 

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

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

discovery sanctions. 

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

Sec. 109. 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 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. 

PART C—IMPROVEMENT IN THE FINANCIAL SECURITY OF THE BLACK LUNG

BENEFITS DISABILITY TRUST FUND

Sec. 131. Regulations for self-insurance. 

TITLE II—ESTABLISHING THE OFFICE OF WORKERS’ 

COMPENSATION PROGRAMS 

Sec. 201. Office of Workers’ Compensation Programs. 

TITLE III—SEVERABILITY 

Sec. 301. Severability. 

3 SEC. 3. FINDINGS. 

4 Congress finds the following: 

5 (1) Black lung disease has been the underlying 

6 or contributing cause of death of more than 79,000 


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1 miners since 1968. The Black Lung Benefits Act 

2 (30 U.S.C. 901 et seq.) was enacted to provide 

3 health care and modest benefits to coal miners who 

4 develop pneumoconiosis (referred to in this section 

5 as ‘‘black lung disease’’) resulting from exposure to 

6 coal mine dust during their employment. Yet the de7 termination of a claimant’s eligibility for these bene8 fits often requires complex, adversarial litigation. 

9 Resource disparities between coal companies and 

10 claimants are widespread within the statutory and 

11 regulatory framework of such Act. Comprehensive 

12 reforms are necessary to ensure that coal miners are 

13 not at a disadvantage when filing claims for benefits. 

14 (2) The Government Accountability Office has 

15 found that many claimants under the Black Lung 

16 Benefits Act are not equipped with the medical and 

17 legal resources necessary to develop evidence to meet 

18 the requirements for benefits. Miners often lack 

19 complete and reliable medical evidence, consequently 

20 increasing the risk that the individuals who review 

21 claims for benefits will be presented with insufficient 

22 medical evidence. Similarly, without better options 

23 for legal representation, significant numbers of 

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


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1 without resources that Department of Labor officials 

2 and black lung disease experts note are important 

3 for developing evidence and supporting their claims. 

4 In 2020, only 42 percent of claimants were rep5 resented by an attorney during the initial claims de6 termination. Absent efforts to remedy administrative 

7 problems and address structural weaknesses in the 

8 process for obtaining benefits, claimants with meri9 torious claims will not receive benefits. 

10 (3) Full exchange and disclosure between the 

11 parties of relevant medical information is essential 

12 for fair adjudication of claims under the Black Lung 

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

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

17 evidence from claimants, administrative law judges, 

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

19 In several cases, the disclosure of such evidence 

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

22 miners by depriving them of important information 

23 about their own health and the potential need to 

24 seek medical treatment. 


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1 (4) Given the remedial nature of the Black 

2 Lung Benefits Act, when an adjudicator determines 

3 that evidence is evenly balanced, it is appropriate for 

4 any resulting doubt to be resolved in favor of the 

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

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

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

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

13 pulmonary assessments used in proceedings for 

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

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

18 and Health (referred to in this section as 

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

20 that there are NIOSH-certified B Readers who have 

21 systematically misclassified chest radiographs while 

22 employed by coal operators or their law firms for the 

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

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

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

5 establish entitlement to benefits, claimants should 

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

8 (6) Since survivors were denied benefits on 

9 claims under the Black Lung Benefits Act that in10 volved the consideration of chest radiograph inter11 pretations rendered by a certain physician whose in12 terpretations have since been determined by the De13 partment of Labor to be generally not worthy of 

14 credit, such survivors should be permitted to file a 

15 new claim for benefits under such Act. However, a 

16 survivor is effectively barred from filing a new claim 

17 one year after a decision regarding such benefits is 

18 final, constituting an injustice that merits a remedy. 

19 (7) Benefit payments under the Black Lung 

20 Benefits Act do not automatically increase with the 

21 rising cost of living. Benefit payments are tied to the 

22 monthly pay rate for Federal employees in grade 

23 GS–2, step 1. In 2011 through 2013, there was a 

24 pay freeze for Federal employees, which had the ef25 fect of eliminating cost-of-living adjustments for 


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1 miners, surviving spouses, and dependents under the 

2 Black Lung Benefits Act during such years. 

3 (8) A competent assessment of medical infor4 mation and testimony, which often involves multiple 

5 physicians disputing a diagnosis, is necessary in de6 termining whether to award benefits under the 

7 Black Lung Benefits Act. To ensure that a deter8 mination regarding a claim for benefits under such 

9 Act is fair and accurate, regular training is needed 

10 regarding— 

11 (A) developments in pulmonary medicine 

12 relating to black lung disease; 

13 (B) medical evidence necessary to sustain 

14 claims for such benefits; and 

15 (C) the proper weight to be given to con16 flicting evidence. 

17 (9) To eliminate an avoidable delay in evalu18 ating claims under such Act, the Department of La19 bor’s Inspector General has recommended legislation 

20 that would authorize the Department of Labor to 

21 have electronic access to miners’ earning records 

22 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 timely deliver to the claimant 

15 a complete copy of the resulting medical information. The 

16 medical information shall— 

17 ‘‘(1) be in writing; 

18 ‘‘(2) set out in detail the findings of any exam19 ining or non-examining physician, including any di20 agnoses and conclusions, the results of any diag21 nostic imaging tests, and any other tests performed 

22 on the miner; and 

23 ‘‘(3) be delivered not later than 30 days after 

24 the operator or operator’s agent has received the 

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1 formation received after a claim is already scheduled 

2 for hearing before an administrative law judge, not 

3 later than 20 days before the scheduled hearing is 

4 held. 

5 ‘‘(b) DISCLOSURE.— 

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

7 under this title, each party shall provide all other 

8 parties in the proceeding with a copy of all medical 

9 information developed regarding the miner’s physical 

10 condition relating to such claim, even if the party 

11 does not intend to submit the information as evi12 dence. 

13 ‘‘(2) DEFINITION OF MEDICAL INFORMATION.— 

14 For purposes of paragraph (1), the term ‘medical in15 formation’— 

16 ‘‘(A) shall include the opinion of any exam17 ining or non-examining physician’s assessment 

18 of the miner, the results of any medical tests or 

19 procedures, and any physician’s or other med20 ical professional’s interpretations of those tests 

21 or procedures; and 

22 ‘‘(B) shall not include— 

23 ‘‘(i) any record of a miner’s hos24 pitalization or other medical treatment; or 


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1 ‘‘(ii) any communication from a par2 ty’s representative to a medical expert. 

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

4 regulations regarding the disclosure of medical informa5 tion under this section, and such regulations may establish 

6 sanctions for noncompliance with this section.’’. 

7 SEC. 102. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY8 MENT PROGRAM. 

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

10 901 et seq.), as amended by section 101, is further amend11 ed by adding at the end the following: 

12 ‘‘SEC. 404. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY13 MENT PROGRAM. 

14 ‘‘(a) PROGRAM ESTABLISHED.— 

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

16 after the date of enactment of the Black Lung Bene17 fits Improvement Act of 2021, the Secretary shall 

18 establish a payment program to pay attorneys’ fees 

19 and other reasonable and unreimbursed medical ex20 penses incurred in establishing the claimant’s case, 

21 using amounts from the fund, to the attorneys of 

22 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) ATTORNEYS’ FEES.—If a claimant for ben9 efits under this title obtains a proposed decision and 

10 order from a district director with an award of bene11 fits for a qualifying claim, or an award for a quali12 fying claim before an administrative law judge, the 

13 district director may approve attorneys’ fees for 

14 work done before such director in an amount not to 

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

16 approve attorneys’ fees for work done before such 

17 judge in an amount not to exceed $3,000. The Sec18 retary shall, through the program under this section, 

19 pay such amounts approved. 

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

21 benefits under this title obtains a proposed decision 

22 and order from a district director with an award of 

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

24 qualifying claim before an administrative law judge, 

25 such district director and administrative law judge 


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1 may each approve an award to the claimant’s attor2 ney of reasonable and unreimbursed medical ex3 penses incurred in establishing the claimant’s case in 

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

5 shall, through the program under this section, pay 

6 such amounts approved. 

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

8 under this section shall not pay more than a total 

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

10 in medical expenses for any single qualifying claim. 

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, medical expenses, or other 

22 allowable and unreimbursed expenses awarded by the dis23 trict director or an administrative law judge that were not 

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

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1 thority to use amounts in the fund to pay approved attor2 neys’ fees and other allowable and unreimbursed expenses 

3 in claims for benefits under this title for which a final 

4 order awarding compensation has been entered and the 

5 operator is unable or refuses to pay. 

6 ‘‘(e) NO RECOUPMENT.—Any payment for attorneys’ 

7 fees or medical expenses made by the Secretary under this 

8 section shall not be recouped from the claimant or the 

9 claimant’s attorney.’’. 

10 SEC. 103. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN11 EFITS. 

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

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

14 (4) and inserting the following: 

15 ‘‘(3)(A) If x-ray, CT scan, biopsy, autopsy, or 

16 other medically accepted and relevant test or proce17 dure establishes that a miner is suffering or has suf18 fered from a chronic dust disease of the lung, diag19 nosed as complicated pneumoconiosis or progressive 

20 massive fibrosis (as determined in accordance with 

21 subparagraph (B)), then there shall be an 

22 irrebuttable presumption that such miner is totally 

23 disabled due to pneumoconiosis, that the miner’s 

24 death was due to pneumoconiosis, or that at the 


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1 time of death the miner was totally disabled by 

2 pneumoconiosis, as the case may be. 

3 ‘‘(B) For purposes of subparagraph (A), com4 plicated pneumoconiosis or progressive massive fi5 brosis can be established by any of the following: 

6 ‘‘(i) A chest radiograph, which yields one 

7 or more large opacities whose greatest diameter 

8 exceeds 1 centimeter and would be classified in 

9 Category A, B, or C in the International Classi10 fication of Radiographs of Pneumoconiosis by 

11 the International Labor Organization, in the 

12 absence of more probative evidence sufficient to 

13 establish that the etiology of the large opacity 

14 is not pneumoconiosis. 

15 ‘‘(ii) A chest CT scan, which yields one or 

16 more large opacities whose greatest diameter 

17 exceeds 1 centimeter, in the absence of more 

18 probative evidence sufficient to establish that 

19 the etiology of the large opacity is not pneumo20 coniosis. 

21 ‘‘(iii) A lung biopsy or autopsy, which 

22 would yield a lesion at least 1 centimeter in its 

23 long axis diameter if measured at the time of 

24 gross dissection. 


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1 ‘‘(iv) A diagnosis by other means that 

2 would reasonably be expected to yield results 

3 described in clause (i), (ii), or (iii). 

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

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

6 chest radiograph submitted in connection with the 

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

8 surviving spouse, child, parent, brother, sister, or de9 pendent and it is interpreted as negative with re10 spect to the requirements of paragraph (3), and if 

11 other evidence demonstrates the existence of a to12 tally disabling respiratory or pulmonary impairment, 

13 then there shall be a rebuttable presumption that 

14 such miner is totally disabled due to pneumoconiosis, 

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

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

17 disabled by pneumoconiosis. In the case of a living 

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

19 to establish the presumption under this paragraph. 

20 The presumption under this paragraph may be re21 butted only by establishing that such miner does 

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

23 of such miner’s respiratory or pulmonary impair24 ment or death was caused by pneumoconiosis.’’. 


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1 SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

2 FOR MINERS SUFFERING FROM BLACK LUNG 

3 DISEASE AND FOR THEIR DEPENDENT FAM4 ILY MEMBERS. 

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

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

7 inserting the following: 

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

9 due to pneumoconiosis, the disabled miner shall be 

10 paid benefits during the disability— 

11 ‘‘(A) for any calendar year preceding January 1, 2020, at a rate equal to 371 12 ⁄2 percent 

13 of the monthly pay rate for Federal employees 

14 in grade GS–2, step 1; 

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

16 January 1, 2021, at a rate of $8,643.85 per 

17 year, payable in 12 equal monthly payments; 

18 and 

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

20 a rate equal to the product of the rate in effect 

21 under this paragraph for the calendar year im22 mediately preceding such calendar year multi23 plied by the ratio (not less than 1) of— 

24 ‘‘(i) the Consumer Price Index for 

25 Urban Wage Earners and Clerical Workers 

26 (CPI–W, as published by the Bureau of 


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1 Labor Statistics of the Department of 

2 Labor) for the calendar year immediately 

3 preceding such calendar year, to 

4 ‘‘(ii) the CPI–W for the second cal5 endar year preceding such calendar year.’’. 

6 SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE. 

7 Section 422 of the Black Lung Benefits Act (30 

8 U.S.C. 932) is amended by adding at the end the fol9 lowing: 

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

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

12 balanced on an issue shall resolve any resulting doubt in 

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

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

15 SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN16 ERS AND THEIR DEPENDENT FAMILY MEM17 BERS. 

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

19 U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex20 amination, and treatment’’ and all that follows through 

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

22 and treatment of respiratory and pulmonary impairments 

23 in active and inactive coal miners and for assistance on 

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

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


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1 SEC. 107. FALSE STATEMENTS OR MISREPRESENTATIONS, 

2 ATTORNEY DISQUALIFICATION, AND DIS3 COVERY SANCTIONS. 

4 Section 431 of the Black Lung Benefits Act (30 

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

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

7 ATTORNEY DISQUALIFICATION, AND DIS8 COVERY SANCTIONS. 

9 ‘‘(a) IN GENERAL.—No person, including any claim10 ant, physician, operator, duly authorized agent of such op11 erator, or employee of an insurance carrier, shall— 

12 ‘‘(1) knowingly and willfully make a false state13 ment or misrepresentation for the purpose of obtain14 ing, increasing, reducing, denying, or terminating 

15 benefits under this title; or 

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

17 intimidate, deceive, or mislead a party, representa18 tive, witness, potential witness, judge, or anyone par19 ticipating in a proceeding regarding any matter re20 lated to a proceeding under this title. 

21 ‘‘(b) FINE; IMPRISONMENT.—Any person who en22 gages in the conduct described in subsection (a) shall, 

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

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

25 5 years, or both. 


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

2 Attorney for the district in which the conduct described 

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

4 every reasonable effort to promptly investigate each com5 plaint of a violation of such subsection. 

6 ‘‘(d) DISQUALIFICATION.— 

7 ‘‘(1) IN GENERAL.—An attorney or expert wit8 ness who engages in the conduct described in sub9 section (a) shall, in addition to the fine or imprison10 ment provided under subsection (b), be permanently 

11 disqualified from representing any party, or appear12 ing in any proceeding, under this title. 

13 ‘‘(2) ATTORNEY DISQUALIFICATION.—In addi14 tion to the disqualification described in paragraph 

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

16 representing any party in any administrative pro17 ceeding under this title for either a limited term or 

18 permanently, if the attorney— 

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

20 that is prejudicial to the fair and orderly con21 duct of such proceeding; or 

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

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

24 territory, commonwealth, or possession of the 


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1 United States with jurisdiction over the pro2 ceeding. 

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

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

5 order to compel discovery or disclosure, or to supplement 

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

7 sanctions may include, as appropriate— 

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

9 noncomplying party on the facts relevant to the dis10 covery or disclosure order; 

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

12 defenses, or right to introduce evidence; and 

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

14 noncomplying party. 

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

16 regulations that— 

17 ‘‘(1) provide procedures for the disqualifications 

18 and sanctions under this section and are appropriate 

19 for all parties; and 

20 ‘‘(2) distinguish between parties that are rep21 resented by an attorney and parties that are not 

22 represented by an attorney.’’. 


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1 SEC. 108. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

2 SECRETARY. 

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

4 931 et seq.) is amended by adding at the end the fol5 lowing: 

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

7 SECRETARY. 

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

9 request by a claimant for benefits under this title, the Sec10 retary shall provide the claimant an opportunity to sub11 stantiate the claim through a complete pulmonary evalua12 tion of the miner that shall include— 

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

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

15 and in accordance with subsection (d)(5) and sec16 tions 402(f)(1)(D) and 413(b); and 

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

18 met, any supplemental medical evidence described in 

19 subsection (c). 

20 ‘‘(b) DIAGNOSING COMPLICATED PNEUMO21 CONIOSIS.—In diagnosing whether there is complicated 

22 pneumoconiosis as a part of a medical examination con23 ducted under subsection (a), the Secretary shall authorize 

24 a high-quality, low-dose or standard computerized tomog25 raphy scan where any or a combination of the following 

26 is found: 


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

2 radiograph associated with an exam conducted under 

3 section 413(b) finds advanced pneumoconiosis (ILO 

4 category 1/0 or greater) and an examiner preparing 

5 a report under section 413(b) determines, in the ex6 ercise of clinical judgment, that the miner presents 

7 symptomatology of advanced pneumoconiosis to a 

8 greater extent than indicated by the chest 

9 radiograph. 

10 ‘‘(2) Any certified Long of a chest radiograph 

11 associated with an exam conducted under section 

12 413(b) finds a coalescence of small opacities. 

13 ‘‘(c) CONDITIONS FOR SUPPLEMENTAL MEDICAL

14 EVIDENCE.—The Secretary shall develop supplemental 

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

16 ‘‘(1) for any claim in which the Secretary rec17 ommends an award of benefits based on the results 

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

19 party opposing such award submits evidence that 

20 could be considered contrary to the findings of the 

21 Secretary; and 

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

23 heard by an administrative law judge, in which— 

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

25 the claimant; 


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

2 submitted evidence not previously reviewed that 

3 could be considered contrary to the award 

4 under subparagraph (A); and 

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

6 represented by an attorney, the claimant’s at7 torney consents to the Secretary developing 

8 supplemental medical evidence. 

9 ‘‘(d) PROCESS FOR SUPPLEMENTAL MEDICAL EVI10 DENCE.— 

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

12 paragraph (2), to develop supplemental medical evi13 dence under conditions described in subsection (c), 

14 the Secretary shall request the physician who con15 ducted the initial report under subsection (a)(1) 

16 to— 

17 ‘‘(A) review any medical evidence sub18 mitted after such report or the most recent sup19 plemental report, as appropriate; and 

20 ‘‘(B) update his or her opinion in a supple21 mental report. 

22 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi23 cian is no longer available or is unwilling to provide 

24 supplemental medical evidence under paragraph (1), 


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1 the Secretary shall select another qualified physician 

2 to provide such evidence. 

3 ‘‘(e) QUALIFIED PHYSICIANS FOR COMPLETE PUL4 MONARY EVALUATION AND PROTECTIONS FOR SUIT5 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

6 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec7 retary shall create and maintain a list of qualified 

8 physicians to be selected by a claimant to perform 

9 the complete pulmonary evaluation described in sub10 section (a). 

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

12 shall make the list under this subsection available to 

13 the public. 

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

15 Secretary shall update such list by reviewing the 

16 suitability of the listed qualified physicians and as17 sessing any potential conflicts of interest. 

18 ‘‘(4) CRITERIA FOR SUITABILITY.—The Sec19 retary shall include on the list only those physicians 

20 whom the Secretary determines are qualified, capa21 ble, and willing to provide credible opinions con22 sistent with the premises underlying this Act. In de23 termining whether a physician is suitable to be on 

24 the list under this subsection, the Secretary shall 

25 consult the National Practitioner Data Bank of the 


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1 Department of Health and Human Services and as2 sess reports of adverse licensure, certifications, hos3 pital privilege, and professional society actions in4 volving the physician. In no case shall such list in5 clude any physician— 

6 ‘‘(A) who is not licensed to practice medi7 cine in any State or any territory, common8 wealth, or possession of the United States; 

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

10 licensing board of any State, territory, common11 wealth, or possession of the United States; or 

12 ‘‘(C) whose license is suspended by a med13 ical licensing board of any State, territory, com14 monwealth, or possession of the United States. 

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

16 shall develop and implement policies and procedures 

17 to ensure that any actual or potential conflict of in18 terest of qualified physicians on the list under this 

19 subsection, including both individual and organiza20 tional conflicts of interest, are disclosed to the De21 partment, and to provide such disclosure to claim22 ants. Such policies and procedures shall provide that 

23 a physician with a conflict of interest shall not be 

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1 uation under subsection (a) that is reimbursed pur2 suant to subsection (g) if— 

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

4 contract to, or otherwise providing services to a 

5 private party opposing the claim, a law firm or 

6 lawyer representing such opposing party, or an 

7 interested insurer or other interested third 

8 party; or 

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

10 a private party opposing the claim, a law firm 

11 or lawyer representing such opposing party, or 

12 an interested insurer or other interested third 

13 party in the previous 24 months. 

14 ‘‘(f) RECORD.—Upon receipt of any initial report or 

15 supplemental report under this section, the Secretary shall 

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

17 report to all parties to the proceeding. 

18 ‘‘(g) EXPENSES.—All expenses related to obtaining 

19 the medical evidence under this section shall be paid for 

20 by the fund. If a claimant receives a final award of bene21 fits, the operator liable for payment of benefits, if any, 

22 shall reimburse the fund for such expenses, which shall 

23 include interest.’’. 


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1 SEC. 109. MEDICAL EVIDENCE TRAINING PROGRAM. 

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

3 931 et seq.), as amended by section 108, is further amend4 ed by adding at the end the following: 

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

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

7 date of enactment of the Black Lung Benefits Improve8 ment Act of 2021, the Secretary, in coordination with the 

9 National Institute for Occupational Safety and Health, 

10 shall establish and implement a training program, to pro11 vide education on issues relating to medical evidence rel12 evant to claims for benefits under this title, to each of 

13 the following individuals who engage in work under this 

14 title: 

15 ‘‘(1) District directors. 

16 ‘‘(2) Claims examiners working under such di17 rectors. 

18 ‘‘(3) Administrative law judges and attorneys 

19 supporting such judges. 

20 ‘‘(4) Members of the Benefits Review Board es21 tablished under section 21(b) of the Longshore and 

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

23 921(b)) and attorneys supporting such members. 

24 Training programs for individuals listed in subsections (3) 

25 and (4) shall be conducted separately from each other and 


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1 separately from individuals listed in subsections (1) and 

2 (2). 

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

4 program under this section shall provide an overview of 

5 topics that include— 

6 ‘‘(1) new developments in pulmonary medicine 

7 relating to pneumoconiosis; 

8 ‘‘(2) medical evidence, and other relevant evi9 dence, sufficient to support a claim for benefits 

10 under this title; and 

11 ‘‘(3) weighing conflicting medical evidence and 

12 testimony concerning eligibility for such benefits. 

13 ‘‘(c) TIMING OF TRAINING.— 

14 ‘‘(1) INDIVIDUALS HIRED OR APPOINTED PRIOR

15 TO THE BLACK LUNG BENEFITS IMPROVEMENT ACT

16 OF 2021.—Any individual described in paragraphs 

17 (1) through (4) of subsection (a) who was hired or 

18 appointed prior to the date of enactment of the 

19 Black Lung Benefits Improvement Act of 2021 shall 

20 complete 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 2021.—Any individual described in paragraphs (1) 

2 through (4) of subsection (a) who is not described 

3 in paragraph (1) shall complete the training pro4 gram under this section not later than 60 days after 

5 such individual is hired or appointed and not less 

6 than annually thereafter.’’. 

7 SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS. 

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

9 is amended— 

10 (1) in section 401(a) (30 U.S.C. 901(a)), by in11 serting ‘‘or who were found to be totally disabled by 

12 such disease’’ after ‘‘such disease’’; 

13 (2) in section 402— 

14 (A) in subsection (a), by striking para15 graph (2) and inserting the following: 

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

17 household as the miner, or is receiving regular con18 tributions from the miner for support, or whose 

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

20 to contribute to support, or who meets the require21 ments of paragraph (1) or (2) of section 216(b) of 

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

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

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

25 married to the miner under the laws of the State 


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1 where the marriage was celebrated. The term 

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

3 husband’, as such terms are defined in paragraph 

4 (1) or (4) of section 216(d) of such Act, who is re5 ceiving at least one-half of his or her support, as de6 termined in accordance with regulations prescribed 

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

8 substantial contributions from the miner (pursuant 

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

10 order for substantial contributions to the spouse’s 

11 support from such miner.’’; 

12 (B) by striking subsection (e) and insert13 ing the following: 

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

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

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

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

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

19 (E) of section 216(c)(1) of the Social Security Act, sub20 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

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

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

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

24 under the laws of the State where the marriage was cele25 brated. Such term also includes a ‘surviving divorced wife’ 


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

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

3 for the month preceding the month in which the miner 

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

5 as determined in accordance with regulations prescribed 

6 by the Secretary, from the miner, or was receiving sub7 stantial contributions from the miner (pursuant to a writ8 ten agreement) or there was in effect a court order for 

9 substantial contributions to the spouse’s support from the 

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

11 (C) in subsection (g)— 

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

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

14 ceased’’; and 

15 (ii) in the matter following paragraph 

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

17 appears and inserting ‘‘surviving spouse’’; 

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

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

20 Revenue Code of 1986’’; and 

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

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

23 Revenue Code of 1986’’; 

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


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1 (A) by striking subsection (a) and insert2 ing the following: 

3 ‘‘(a) The Secretary shall, in accordance with the pro4 visions of this title, and the regulations promulgated by 

5 the Secretary under this title, make payments of benefits 

6 in respect of— 

7 ‘‘(1) total disability of any miner due to pneu8 moconiosis; 

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

10 due to pneumoconiosis; 

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

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

13 part C prior to January 1, 1982; 

14 ‘‘(4) survivors’ benefits for any survivor’s claim 

15 filed after January 1, 2005, that is pending on or 

16 after March 23, 2010, where the miner is found en17 titled to receive benefits on a claim filed under part 

18 C; and 

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

20 found entitled to receive benefits on a claim filed 

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

22 (B) in subsection (c)— 

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

24 pneumoconiosis’’ and inserting ‘‘the min25 er’s pneumoconiosis’’; and 


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

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

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

4 (A) in subsection (a)— 

5 (i) by striking paragraph (2) and in6 serting the following: 

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

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

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

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

12 a miner who is found entitled to receive benefits on 

13 a claim filed under part C; 

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

15 benefits on a claim filed under part C before Janu16 ary 1, 1982; or 

17 ‘‘(D) in a claim filed under part C before Janu18 ary 1, 1982, of a miner who was totally disabled by 

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

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

21 the rate the deceased miner would receive such benefits 

22 if he were totally disabled.’’; 

23 (ii) in paragraph (3)— 

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

25 and all that follows through ‘‘section 


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1 411(c)’’ and inserting the following: 

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

3 children of a miner described in sub4 paragraph (B)’’; 

5 (II) by striking ‘‘he’’ each place 

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

7 (III) by striking ‘‘widow’’ each 

8 place it appears and inserting ‘‘sur9 viving spouse’’; and 

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

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

13 child or children— 

14 ‘‘(i) of a miner whose death is due to pneumo15 coniosis; 

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

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

18 miner who is found entitled to receive benefits on a 

19 claim filed under part C; 

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

21 benefits on a claim filed under part C before Janu22 ary 1, 1982; 

23 ‘‘(iv) in a claim filed under part C before Janu24 ary 1, 1982, of a miner who was totally disabled by 

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


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

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

3 surviving spouse’s death; or 

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

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

6 (iii) in paragraph (5)— 

7 (I) by striking the first sentence 

8 and inserting the following: ‘‘In the 

9 case of the dependent parent or par10 ents of a miner who is not survived at 

11 the time of death by a surviving 

12 spouse or a child and (i) whose death 

13 is due to pneumoconiosis, (ii) in a 

14 claim filed after January 1, 2005, 

15 that is pending on or after March 23, 

16 2010, who is found entitled to receive 

17 benefits on a claim filed under part C, 

18 (iii) who is found entitled to receive 

19 benefits on a claim filed under part C 

20 before 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 

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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; in the case of the dependent par5 ent or parents of a miner (who is not 

6 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 in the case of the de11 pendent 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 such 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 

2 ‘‘such Secretary’’; and 

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

4 ‘‘such 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 ‘‘such Secretary’’; and 

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

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

22 (B) in subsection (i)(4), by striking ‘‘Inter23 nal Revenue Code of 1954’’ and inserting ‘‘In24 ternal Revenue Code of 1986’’; and 


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

2 Revenue Code of 1954’’ each place it appears 

3 and inserting ‘‘Internal Revenue Code of 

4 1986’’; 

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

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

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

8 (A) in the matter following subparagraph 

9 (B) of paragraph (1), by striking ‘‘him’’ and in10 serting ‘‘such operator’’; 

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

12 Revenue Code of 1954’’ each place it appears 

13 and inserting ‘‘Internal Revenue Code of 

14 1986’’; and 

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

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

17 Revenue Code of 1986’’; 

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

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

20 and inserting ‘‘such operator’’; and 

21 (B) in subsection (b)— 

22 (i) in the first sentence, by striking 

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

24 (ii) in the third sentence, by striking 

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


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1 (iii) in the ninth sentence— 

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

3 appears and inserting ‘‘the Sec4 retary’’; and 

5 (II) by striking ‘‘his’’ and insert6 ing ‘‘the miner’s’’; and 

7 (iv) in the tenth sentence, by striking 

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

9 ‘‘the Secretary’’; and 

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

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

12 ‘‘1977,’’; and 

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

14 ‘‘1981, and the Black Lung Benefits Improve15 ment Act of 2021, and any amendments made 

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

17 SEC. 111. READJUDICATING CASES INVOLVING CERTAIN 

18 CHEST RADIOGRAPHS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COVERED CHEST RADIOGRAPH.—The term 

21 ‘‘covered chest radiograph’’ means a chest 

22 radiograph that was interpreted as negative for sim23 ple pneumoconiosis, complicated pneumoconiosis, or 

24 progressive massive fibrosis by a physician with re25 spect to whom the Secretary has directed, in writing 


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1 and after an evaluation by the Secretary, that such 

2 physician’s negative interpretations of chest 

3 radiographs not be credited, except where subse4 quently determined to be credible by the Secretary 

5 in evaluating a claim for benefits under the Black 

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

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

8 individual’’ means an individual whose record for a 

9 claim for benefits under the Black Lung Benefits 

10 Act includes a covered chest radiograph. 

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

12 survivor’’ means an individual who— 

13 (A) is a survivor of a covered individual 

14 whose claim under the Black Lung Benefits Act 

15 was still pending at the time of the covered in16 dividual’s death; and 

17 (B) who continued to seek an award with 

18 respect to the covered individual’s claim after 

19 the covered individual’s death. 

20 (b) CLAIMS.—A covered individual or a covered sur21 vivor whose claim for benefits under the Black Lung Bene22 fits Act (30 U.S.C. 901 et seq.) was denied prior to the 

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

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

25 enactment of this Act. 


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1 (c) ADJUDICATION ON THE MERITS.— 

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

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

4 shall not include consideration of a covered chest 

5 radiograph. 

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

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

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

9 depending upon the type of claim pending at the 

10 time of the covered individual’s death. 

11 (d) TIME OF PAYMENT.— 

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

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

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

15 benefits shall be payable beginning with the month 

16 of the filing of the denied claim that had included 

17 in its record a covered chest radiograph. 

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

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

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

21 benefits shall be payable beginning with the month 

22 of the miner’s death. 

23 (e) CONTRIBUTING IMPACT.—The Secretary shall 

24 have the discretion to deny a new claim under subsection 

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


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1 establishes through clear and convincing evidence that a 

2 covered chest radiograph did not contribute to the decision 

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

4 individual or the covered survivor. 

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

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

7 if the original claim was finally denied by a district direc8 tor, an administrative law judge, or the Benefits Review 

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

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

11 921(b)). 

12 SEC. 112. DISCLOSURE OF EMPLOYMENT AND EARNINGS 

13 INFORMATION FOR BLACK LUNG BENEFITS 

14 CLAIMS. 

15 (a) TAX RETURN INFORMATION.— 

16 (1) IN GENERAL.—Section 6103(l) of the Inter17 nal Revenue Code of 1986 is amended by adding at 

18 the end the following new paragraph: 

19 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

20 TO DEPARTMENT OF LABOR TO CARRY OUT BLACK

21 LUNG BENEFITS ACT.— 

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

23 Social Security shall, on written request with 

24 respect to any individual, disclose to officers or 

25 employees of the Department of Labor return 


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1 information from returns with respect to net 

2 earnings from self-employment (as defined in 

3 section 1402) and wages (as defined in section 

4 3121(a) or 3401(a)) for employment for each 

5 employer of such individual. 

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

7 Commissioner of Social Security shall disclose 

8 return information under subparagraph (A) 

9 only for purposes of, and the extent necessary 

10 in, carrying out the proper administration of 

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

12 seq.).’’. 

13 (2) CONFORMING AMENDMENTS.—Section 

14 6103(p)(4) of such Code is amended— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘or (22)’’ and inserting ‘‘(22), 

17 or (23)’’; and 

18 (B) in subparagraph (F)(ii), by striking 

19 ‘‘or (22),’’ and inserting ‘‘(22), or (23)’’. 

20 (b) SOCIAL SECURITY EARNINGS INFORMATION.— 

21 Notwithstanding section 552a of title 5, United States 

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

23 Commissioner of Social Security shall make available to 

24 the officers and employees of the Department of Labor, 

25 upon written request, the Social Security earnings inforVerDate Sep 11 2014 17:14 Dec 16, 2021 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H6102.IH H6102

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1 mation of living or deceased individuals who are the sub2 ject of a claim under the Black Lung Benefits Act (30 

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

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

5 made available in electronic form. 

6 PART B—REPORTS TO IMPROVE THE ADMINIS7 TRATION OF BENEFITS UNDER THE BLACK 

8 LUNG BENEFITS ACT 

9 SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICA10 TION. 

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

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

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

14 and Pensions and the Committee on Appropriations of the 

15 Senate and the Committee on Education and Labor and 

16 the Committee on Appropriations of the House of Rep17 resentatives a comprehensive strategy to reduce the back18 log of cases pending on such date of enactment before the 

19 Office of Administrative Law Judges of the Department 

20 of Labor. 

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

22 this section shall provide information relating to— 

23 (1) the current and targeted pendency for each 

24 category of cases before the Office of Administrative 

25 Law Judges of the Department of Labor; 


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1 (2) the number of administrative law judges, 

2 attorney advisors supporting such judges, support 

3 staff, and other resources necessary to achieve and 

4 maintain the targeted pendency for each category of 

5 such cases; 

6 (3) the necessary resources to improve effi7 ciency and effectiveness, such as equipment for video 

8 conferences, training, use of reemployed annuitants, 

9 and administrative reforms; and 

10 (4) with respect to claims filed under the Black 

11 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec12 essary resources needed to reduce the average pend13 ency of cases to less than 12 months from the date 

14 of receipt of the case to the date of disposition of 

15 such case. 

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

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

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall submit to the Committee on 

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

21 the Committee on Education and Labor of the House of 

22 Representatives a report on any barriers to health care 

23 faced by coal miners with pneumoconiosis. 

24 (b) CONTENTS.—The report required under sub25 section (a) shall include— 


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1 (1) an assessment of possible barriers to health 

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

3 901 et seq.) and the degree to which any barriers 

4 impact the ability of miners with legitimate medical 

5 needs, particularly such miners in rural areas, to ac6 cess treatment for pneumoconiosis; 

7 (2) recommendations necessary to address 

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

9 under such Act; and 

10 (3) an evaluation of whether the benefit pay11 ments authorized under such Act, as amended by 

12 this Act, are sufficient to meet the expenses of dis13 abled miners, surviving spouses, dependents, and 

14 other family members entitled to receive benefits 

15 under the Black Lung Benefits Act. 

16 PART C—IMPROVEMENT IN THE FINANCIAL SE17 CURITY OF THE BLACK LUNG BENEFITS DIS18 ABILITY TRUST FUND 

19 SEC. 131. REGULATIONS FOR SELF-INSURANCE. 

20 Not later than 60 days after the date of enactment 

21 of this Act, the Secretary shall publish an interim final 

22 rule setting forth the requirements for an operator of a 

23 coal mine to qualify as a self-insurer with respect any por24 tion of the operator’s liabilities under the Black Lung 


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1 Benefits Act, as described in section 423(a)(1) of such 

2 Act. Such requirements shall— 

3 (1) establish initial criteria, relating to the fi4 nancial health of the operator, on which the eligi5 bility of the operator to seek qualification as a self6 insurer shall be determined; and 

7 (2) establish procedures to determine the min8 imum amount of assets of the operator sufficient to 

9 secure such liabilities. 

10 TITLE II—ESTABLISHING THE 

11 OFFICE OF WORKERS’ COM12 PENSATION PROGRAMS 

13 SEC. 201. OFFICE OF WORKERS’ COMPENSATION PRO14 GRAMS. 

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

16 the Department of Labor, an Office of Workers’ Com17 pensation Programs (referred to in this section as the ‘‘Of18 fice’’). 

19 (b) DIRECTOR.— 

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

21 by a Director for the Office of Workers’ Compensa22 tion (referred to in this title as the ‘‘Director’’) who 

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

24 advice and consent of the Senate. 


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

2 duties carried out by the Director for the Office of 

3 Workers’ Compensation as of the day before the 

4 date of enactment of this Act. 

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

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

7 functions of the Office on the day before the date of enact8 ment of this Act, including all of its personnel, assets, au9 thorities, and liabilities. 

10 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM11 PENSATION.—Reference in any other Federal law, Execu12 tive order, reorganization plan, rule, regulation, or delega13 tion of authority, or any document of or relating to the 

14 Bureau of Employees’ Compensation with regard to func15 tions carried out by the Office of Workers’ Compensation 

16 Programs, shall be deemed to refer to the Office of Work17 ers’ Compensation Programs. 

18 TITLE III—SEVERABILITY 

19 SEC. 301. SEVERABILITY. 

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

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

22 person or circumstance, is held to be invalid, the remain23 der of this Act, or an amendment made by this Act, or 


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1 the application of such provision to other persons or cir2 cumstances, shall not be affected. 

Æ 


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