IB 

Union Calendar No. 483 

117TH CONGRESS 

2D SESSION H. R. 6102 

[Report No. 117–589, Part I] 

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 

DECEMBER 2, 2022 

Reported from the Committee on Education and Labor with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 2, 2022 

Referral to the Committee on Ways and Means extended for a period ending 

not later than December 15, 2022 

DECEMBER 15, 2022 

Referral to the Committee on Ways and Means extended for a period ending 

not later than December 23, 2022 

DECEMBER 23, 2022 

Additional sponsors: Mr. CARSON, Ms. ADAMS, Mr. MFUME, Mr. BOWMAN, 

Ms. SHERRILL, Ms. WILSON of Florida, Mr. DESAULNIER, Mr. LEVIN

of Michigan, Ms. BONAMICI, Mr. TAKANO, Mr. NORCROSS, and Mr. 

LYNCH


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 6102 RH

DECEMBER 23, 2022 

Committee on Ways and Means discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on December 1, 2021] 

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. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 6102 RH

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 2022’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—BLACK LUNG BENEFITS 

PART A—IMPROVING THE PROCESS FOR FILING AND ADJUDICATING CLAIMS

FOR BENEFITS

Sec. 101. Providing assistance with claims for miners and their dependent family 

members. 

Sec. 102. Clarifying eligibility for black lung benefits. 

Sec. 103. Development of medical evidence by the Secretary. 

Sec. 104. False statements or misrepresentations, attorney disqualification, and 

discovery sanctions. 

Sec. 105. Readjudicating cases involving certain chest radiographs. 

Sec. 106. Attorneys’ fees and medical expenses payment program. 

Sec. 107. Restoring adequate benefit adjustments for miners suffering from black 

lung disease and for their dependent family members. 

Sec. 108. 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. 

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

BENEFITS DISABILITY TRUST FUND

Sec. 131. Policies for securing the payment of benefits. 

TITLE II—ESTABLISHING THE OFFICE OF WORKERS’ 

COMPENSATION PROGRAMS 

Sec. 201. Office of Workers’ Compensation Programs. 

TITLE III—ADDITIONAL PROVISIONS 

Sec. 301. Technical and conforming amendments. 

Sec. 302. Severability. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 6102 RH

1 TITLE I—BLACK LUNG BENEFITS 

2 PART A—IMPROVING THE PROCESS FOR FILING 

3 AND ADJUDICATING CLAIMS FOR BENEFITS 

4 SEC. 101. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN5 ERS AND THEIR DEPENDENT FAMILY MEM6 BERS. 

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

8 U.S.C. 937(a)) is amended by striking ‘‘the analysis, exam9 ination, and treatment’’ and all that follows through ‘‘coal 

10 miners.’’ and inserting ‘‘the analysis, examination, and 

11 treatment of respiratory and pulmonary impairments in 

12 active and inactive coal miners and for assistance on behalf 

13 of miners, spouses, dependents, and other family members 

14 with claims arising under this title.’’. 

15 SEC. 102. CLARIFYING ELIGIBILITY FOR BLACK LUNG BENE16 FITS. 

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

18 U.S.C. 921(c)) is amended by striking paragraph (3) and 

19 inserting the following:(3)(A) If x-ray, CT scan, biopsy, au20 topsy, or other medically accepted and relevant test or pro21 cedure establishes that a miner is suffering or has suffered 

22 from a chronic dust disease of the lung, diagnosed as com23 plicated pneumoconiosis or progressive massive fibrosis (as 

24 determined in accordance with subparagraph (B)), then 

25 there shall be an irrebuttable presumption that such miner 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 6102 RH

1 is totally disabled due to pneumoconiosis, that the miner’s 

2 death was due to pneumoconiosis, or that at the time of 

3 death the miner was totally disabled by pneumoconiosis, as 

4 the case may be. 

5 ‘‘(B) For purposes of subparagraph (A), com6 plicated pneumoconiosis or progressive massive fibro7 sis can be established by any of the following: 

8 ‘‘(i) A chest radiograph, which yields one or 

9 more large opacities whose greatest diameter ex10 ceeds 1 centimeter and would be classified in 

11 Category A, B, or C in the International Classi12 fication of Radiographs of Pneumoconiosis by 

13 the International Labor Organization, in the ab14 sence of more probative evidence sufficient to es15 tablish that the etiology of the large opacity is 

16 not pneumoconiosis. 

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

18 more large opacities whose greatest diameter ex19 ceeds 1 centimeter, in the absence of more pro20 bative evidence sufficient to establish that the eti21 ology of the large opacity is not pneumoconiosis. 

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

23 would yield a lesion at least 1 centimeter in its 

24 long axis diameter if measured at the time of 

25 gross dissection. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 6102 RH

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

2 would reasonably be expected to yield results de3 scribed in clause (i), (ii), or (iii).’’. 

4 SEC. 103. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 

5 SECRETARY. 

6 Part C of the Black Lung Benefits Act (30 U.S.C. 931 

7 et seq.) is amended by adding at the end the following: 

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

9 SECRETARY. 

10 ‘‘(a) COMPLETE PULMONARY EVALUATION.—Upon re11 quest by a claimant for benefits under this title, the Sec12 retary shall provide the claimant an opportunity to sub13 stantiate the claim through a complete pulmonary evalua14 tion of the miner that shall include— 

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

16 physician on the list provided under subsection (e), 

17 and in accordance with subsection (d)(5) and sections 

18 402(f)(1)(D) and 413(b); and 

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

20 met, any supplemental medical evidence described in 

21 subsection (c). 

22 ‘‘(b) AUTHORIZING CHEST SCANS.—In diagnosing 

23 whether there is complicated pneumoconiosis as a part of 

24 a medical examination conducted under subsection (a), the 

25 Secretary shall authorize a high-quality, low-dose or standVerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H6102.RH H6102

pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 6102 RH

1 ard computerized tomography scan where any or a com2 bination of the following is found: 

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

4 associated with an exam conducted under section 

5 413(b) finds pneumoconiosis (ILO category 2/1 or 

6 greater). 

7 ‘‘(2) Any certified B reader of a chest radiograph 

8 associated with an exam conducted under section 

9 413(b) finds a coalescence of small opacities. 

10 ‘‘(c) CONDITIONS FOR SUPPLEMENTAL MEDICAL EVI11 DENCE.—The Secretary shall develop supplemental medical 

12 evidence, in accordance with subsection (d)— 

13 ‘‘(1) for any claim in which the Secretary rec14 ommends an award of benefits based on the results of 

15 the initial report under subsection (a)(1) and a party 

16 opposing such award submits evidence that could be 

17 considered contrary to the findings of the Secretary; 

18 and 

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

20 heard by an administrative law judge, in which— 

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

22 the claimant; 

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

24 submitted evidence not previously reviewed that 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 6102 RH

1 could be considered contrary to the award under 

2 subparagraph (A); and 

3 ‘‘(C) the claimant or, if the claimant is rep4 resented by an attorney, the claimant’s attorney 

5 consents to the Secretary developing supple6 mental medical evidence. 

7 ‘‘(d) PROCESS FOR SUPPLEMENTAL MEDICAL EVI8 DENCE.— 

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

10 paragraph (2), to develop supplemental medical evi11 dence under conditions described in subsection (c), the 

12 Secretary shall request the physician who conducted 

13 the initial report under subsection (a)(1) to— 

14 ‘‘(A) review any medical evidence submitted 

15 after such report or the most recent supplemental 

16 report, as appropriate; and 

17 ‘‘(B) update his or her opinion in a supple18 mental report. 

19 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi20 cian is no longer available or is unwilling to provide 

21 supplemental medical evidence under paragraph (1), 

22 the Secretary shall select another qualified physician 

23 from the list provided pursuant to subsection (e) to 

24 provide such evidence. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 6102 RH

1 ‘‘(e) QUALIFIED PHYSICIANS FOR COMPLETE PUL2 MONARY EVALUATION AND PROTECTIONS FOR SUITABILITY

3 AND POTENTIAL CONFLICTS OF INTEREST.— 

4 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec5 retary shall create and maintain a list of qualified 

6 physicians to be selected by a claimant to perform the 

7 complete pulmonary evaluation described in sub8 section (a). 

9 ‘‘(2) PUBLIC AVAILABILITY.—The Secretary shall 

10 make the list under this subsection available to the 

11 public. 

12 ‘‘(3) ANNUAL EVALUATION.—Each year, the Sec13 retary shall update such list by reviewing the suit14 ability of the listed qualified physicians and assessing 

15 any potential conflicts of interest. 

16 ‘‘(4) CRITERIA FOR SUITABILITY.—The Secretary 

17 shall include on the list only those physicians whom 

18 the Secretary determines are qualified, capable, and 

19 willing to provide credible opinions consistent with 

20 the premises underlying this Act. In determining 

21 whether a physician is suitable to be on the list under 

22 this subsection, the Secretary shall consult the Na23 tional Practitioner Data Bank of the Department of 

24 Health and Human Services and assess reports of ad25 verse licensure, certifications, hospital privilege, and 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 6102 RH

1 professional society actions involving the physician. 

2 In no case shall such list include any physician— 

3 ‘‘(A) who is not licensed to practice medi4 cine in any State or any territory, common5 wealth, or possession of the United States; 

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

7 licensing board of any State, territory, common8 wealth, or possession of the United States; or 

9 ‘‘(C) whose license is suspended by a med10 ical licensing board of any State, territory, com11 monwealth, or possession of the United States. 

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

13 shall develop and implement policies and procedures 

14 to ensure that any actual or potential conflict of in15 terest of qualified physicians on the list under this 

16 subsection, including both individual and organiza17 tional conflicts of interest, are disclosed to the Depart18 ment, and to provide such disclosure to claimants. 

19 Such policies and procedures shall provide that a 

20 physician with a conflict of interest shall not be used 

21 to perform a complete pulmonary medical evaluation 

22 under subsection (a) that is reimbursed pursuant to 

23 subsection (g) if— 

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

25 contract to, or otherwise providing services to a 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 6102 RH

1 private party opposing the claim, a law firm or 

2 lawyer representing such opposing party, or an 

3 interested insurer or other interested third party; 

4 or 

5 ‘‘(B) such physician has been retained by a 

6 private party opposing the claim, a law firm or 

7 lawyer representing such opposing party, or an 

8 interested insurer or other interested third party 

9 in the previous 24 months. 

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

11 supplemental report under this section, the Secretary shall 

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

13 report to all parties to the proceeding. 

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

15 medical evidence under this section shall be paid for by the 

16 fund. If a claimant receives a final award of benefits, the 

17 operator liable for payment of benefits, if any, shall reim18 burse the fund for such expenses, which shall include inter19 est.’’. 

20 SEC. 104. FALSE STATEMENTS OR MISREPRESENTATIONS, 

21 ATTORNEY DISQUALIFICATION, AND DIS22 COVERY SANCTIONS. 

23 Section 431 of the Black Lung Benefits Act (30 U.S.C. 

24 941) is amended to read as follows: 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 6102 RH

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

2 ATTORNEY DISQUALIFICATION, AND DIS3 COVERY SANCTIONS. 

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

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

10 benefits under this title; or 

11 ‘‘(2) knowingly and willfully threaten, coerce, in12 timidate, deceive, or mislead a party, representative, 

13 witness, potential witness, judge, or anyone partici14 pating in a proceeding regarding any matter related 

15 to a proceeding under this title. 

16 ‘‘(b) FINE; IMPRISONMENT.—Any person who engages 

17 in the conduct described in subsection (a) shall, upon con18 viction, be subject to a fine in accordance with title 18, 

19 United States Code, imprisoned for not more than 5 years, 

20 or both. 

21 ‘‘(c) PROMPT INVESTIGATION.—The United States At22 torney for the district in which the conduct described in 

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

24 reasonable effort to promptly investigate each complaint of 

25 a violation of such subsection. 

26 ‘‘(d) DISQUALIFICATION.— 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 6102 RH

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

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

7 ‘‘(2) ATTORNEY DISQUALIFICATION.—In addition 

8 to the disqualification described in paragraph (1), the 

9 Secretary may disqualify an attorney from rep10 resenting any party in any administrative proceeding 

11 under this title for either a limited term or perma12 nently, if the attorney— 

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

14 is prejudicial to the fair and orderly conduct of 

15 such proceeding; or 

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

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

18 commonwealth, or possession of the United 

19 States with jurisdiction over the proceeding. 

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

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

22 order to compel discovery or disclosure, or to supplement 

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

24 sanctions may include, as appropriate— 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 6102 RH

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

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

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

5 defenses, or right to introduce evidence; and 

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

7 noncomplying party. 

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

9 a proposed rule not later than 180 days after the date of 

10 enactment of this Act and a final rule not later than 18 

11 months after such date of enactment that— 

12 ‘‘(1) provides procedures for the disqualifications 

13 and sanctions under this section and is appropriate 

14 for all parties; and 

15 ‘‘(2) distinguishes between parties that are rep16 resented by an attorney and parties that are not rep17 resented by an attorney.’’. 

18 SEC. 105. READJUDICATING CASES INVOLVING CERTAIN 

19 CHEST RADIOGRAPHS. 

20 Part C of the Black Lung Benefits Act (30 U.S.C. 931 

21 et seq.), as amended by section 103, is further amended by 

22 adding at the end the following: 

23 ‘‘SEC. 436. READJUDICATING CASES INVOLVING DISCRED24 ITED EXPERT OPINIONS. 

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


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 6102 RH

1 ‘‘(1) COVERED CHEST RADIOGRAPH.—The term 

2 ‘covered chest radiograph’ means a chest radiograph 

3 that was interpreted as negative for simple pneumo4 coniosis, complicated pneumoconiosis, or progressive 

5 massive fibrosis by a physician with respect to whom 

6 the Secretary has directed, in writing and after an 

7 evaluation by the Secretary, that such physician’s 

8 negative interpretations of chest radiographs not be 

9 credited, except where subsequently determined to be 

10 credible by the Secretary in evaluating a claim for 

11 benefits under this Act. 

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

13 individual’ means an individual whose record for a 

14 claim for benefits under this Act includes a covered 

15 chest radiograph. 

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

17 survivor’ means an individual who— 

18 ‘‘(A) is a survivor of a covered individual 

19 whose claim under this Act was still pending at 

20 the time of the covered individual’s death; and 

21 ‘‘(B) who continued to seek an award with 

22 respect to the covered individual’s claim after the 

23 covered individual’s death. 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 6102 RH

1 ‘‘(b) CLAIMS.—A covered individual or a covered sur2 vivor whose claim for benefits under this Act was denied 

3 may file a new claim for benefits under this Act. 

4 ‘‘(c) ADJUDICATION ON THE MERITS.— 

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

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

7 shall not include consideration of a covered chest 

8 radiograph. 

9 ‘‘(2) COVERED SURVIVOR.—Any new claim filed 

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

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

12 depending upon the type of claim pending at the time 

13 of the covered individual’s death. 

14 ‘‘(d) TIME OF PAYMENT.— 

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

16 subsection (b) and adjudicated under subsection (c) as 

17 a miner’s claim, results in an award of benefits, bene18 fits shall be payable beginning with the month of the 

19 filing of the denied claim that had included in its 

20 record a covered chest radiograph. 

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

22 subsection (b) and adjudicated under subsection (c) as 

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

24 benefits shall be payable beginning with the month of 

25 the miner’s death. 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 6102 RH

1 ‘‘(e) CONTRIBUTING IMPACT.—The Secretary shall 

2 have the discretion to deny a new claim under subsection 

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

4 establishes through clear and convincing evidence that a 

5 covered chest radiograph did not contribute to the decision 

6 to deny benefits in all prior claims filed by the covered indi7 vidual or the covered survivor. 

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

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

10 if the original claim was finally denied by a district direc11 tor, an administrative law judge, or the Benefits Review 

12 Board established under section 21(b) of the Longshore and 

13 Harbor Workers’ Compensation Act (33 U.S.C. 921(b)).’’. 

14 SEC. 106. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY15 MENT PROGRAM. 

16 Part A of the Black Lung Benefits Act (30 U.S.C. 901 

17 et seq.) is amended by adding at the end the following: 

18 ‘‘SEC. 403. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY19 MENT PROGRAM. 

20 ‘‘(a) PROGRAM ESTABLISHED.— 

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

22 after the date of enactment of the Black Lung Benefits 

23 Improvement Act of 2022, the Secretary shall estab24 lish a payment program to pay attorneys’ fees and 

25 other reasonable and unreimbursed medical expenses 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 6102 RH

1 incurred in establishing the claimant’s case, using 

2 amounts from the fund, to the attorneys of claimants 

3 in qualifying claims. 

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

5 for purposes of this section is a contested claim for 

6 benefits under this title for which a final order has 

7 not been entered within two years of the filing of the 

8 claim. 

9 ‘‘(3) USE OF PAYMENTS FROM THE FUND.—Not10 withstanding any other provision of law, amounts in 

11 the fund shall be available for payments authorized 

12 by the Secretary under this section. 

13 ‘‘(b) PAYMENTS AUTHORIZED.— 

14 ‘‘(1) ATTORNEYS’ FEES.—If a claimant for bene15 fits under this title obtains a proposed decision and 

16 order from a district director with an award of bene17 fits for a qualifying claim, or an award for a quali18 fying claim before an administrative law judge, the 

19 district director may approve attorneys’ fees for work 

20 done before such director in an amount not to exceed 

21 $1,500 and an administrative law judge may approve 

22 attorneys’ fees for work done before such judge in an 

23 amount not to exceed $3,000. The Secretary shall, 

24 through the program under this section, pay such 

25 amounts approved. 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•HR 6102 RH

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

2 benefits under this title obtains a proposed decision 

3 and order from a district director with an award of 

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

5 qualifying claim before an administrative law judge, 

6 such district director and administrative law judge 

7 may each approve an award to the claimant’s attor8 ney of reasonable and unreimbursed medical expenses 

9 incurred in establishing the claimant’s case in an 

10 amount not to exceed $1,500. The Secretary shall, 

11 through the program under this section, pay such 

12 amounts approved. 

13 ‘‘(3) MAXIMUM.—The program established under 

14 this section shall not pay more than a total of $4,500 

15 in attorneys’ fees nor more than $3,000 in medical 

16 expenses for any single qualifying claim. 

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

18 which a qualifying claim results in a final order awarding 

19 compensation, the liable operator shall reimburse the fund 

20 for any fees or expenses paid under this section, subject to 

21 enforcement by the Secretary under section 424 and in the 

22 same manner as compensation orders are enforced under 

23 section 21(d) of the Longshore and Harbor Workers’ Com24 pensation Act (33 U.S.C. 921(d)). 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•HR 6102 RH

1 ‘‘(d) ADDITIONAL PROGRAM RULES.—Nothing in this 

2 section shall limit or otherwise affect an operator’s liability 

3 for any attorneys’ fees, medical expenses, or other allowable 

4 and unreimbursed expenses awarded by the district director 

5 or an administrative law judge that were not paid by the 

6 program under this section. Nothing in this section shall 

7 limit or otherwise affect the Secretary’s authority to use 

8 amounts in the fund to pay approved attorneys’ fees and 

9 other allowable and unreimbursed expenses in claims for 

10 benefits under this title for which a final order awarding 

11 compensation has been entered and the operator is unable 

12 or refuses to pay. 

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

14 fees or medical expenses made by the Secretary under this 

15 section shall not be recouped from the claimant or the 

16 claimant’s attorney.’’. 

17 SEC. 107. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

18 FOR MINERS SUFFERING FROM BLACK LUNG 

19 DISEASE AND FOR THEIR DEPENDENT FAM20 ILY MEMBERS. 

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

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

23 inserting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•HR 6102 RH

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

2 pneumoconiosis, the disabled miner shall be paid benefits 

3 during the disability— 

4 ‘‘(A) for any calendar year preceding January 1, 

2022, at a rate equal to 371 5 ⁄2 percent of the monthly 

6 pay rate for Federal employees in grade GS–2, step 

7 1; 

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

9 1, 2022, at a rate of $8,834.01 per year, payable in 

10 12 equal monthly payments; and 

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

12 equal to the product of the rate in effect under this 

13 paragraph for the calendar year immediately pre14 ceding such calendar year multiplied by the ratio 

15 (not less than 1) of— 

16 ‘‘(i) the Consumer Price Index for Urban 

17 Wage Earners and Clerical Workers (CPI–W, as 

18 published by the Bureau of Labor Statistics of 

19 the Department of Labor) for the calendar year 

20 immediately preceding such calendar year, to 

21 ‘‘(ii) the CPI-W for the second calendar 

22 year preceding such calendar year.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•HR 6102 RH

1 SEC. 108. DISCLOSURE OF EMPLOYMENT AND EARNINGS IN2 FORMATION FOR BLACK LUNG BENEFITS 

3 CLAIMS. 

4 (a) TAX RETURN INFORMATION.— 

5 (1) IN GENERAL.—Section 6103(l) of the Inter6 nal Revenue Code of 1986 is amended by adding at 

7 the end the following new paragraph: 

8 ‘‘(23) DISCLOSURE OF RETURN INFORMATION TO

9 DEPARTMENT OF LABOR TO CARRY OUT BLACK LUNG

10 BENEFITS ACT.— 

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

12 Social Security shall, on written request with re13 spect to any individual, disclose to officers or 

14 employees of the Department of Labor return in15 formation from returns with respect to net earn16 ings from self-employment (as defined in section 

17 1402) and wages (as defined in section 3121(a) 

18 or 3401(a)) for employment for each employer of 

19 such individual. 

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

21 Commissioner of Social Security shall disclose 

22 return information under subparagraph (A) only 

23 for purposes of, and the extent necessary in, car24 rying out the proper administration of the Black 

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


pamtmann on DSKBC07HB2PROD with BILLS
23 

•HR 6102 RH

1 (2) CONFORMING AMENDMENTS.—Section 

2 6103(p)(4) of such Code is amended— 

3 (A) in the matter preceding subparagraph 

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

5 or (23)’’; and 

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

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

8 (b) SOCIAL SECURITY EARNINGS INFORMATION.—Not9 withstanding section 552a of title 5, United States Code, 

10 or any other provision of Federal or State law, the Commis11 sioner of Social Security shall make available to the officers 

12 and employees of the Department of Labor, upon written 

13 request, the Social Security earnings information of living 

14 or deceased individuals who are the subject of a claim under 

15 the Black Lung Benefits Act (30 U.S.C. 901 et seq.), which 

16 the Secretary of Labor may require to carry out such Act. 

17 Such information shall be made available in electronic 

18 form. 

19 PART B—REPORTS TO IMPROVE THE ADMINIS20 TRATION OF BENEFITS UNDER THE BLACK 

21 LUNG BENEFITS ACT 

22 SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICA23 TION. 

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

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


pamtmann on DSKBC07HB2PROD with BILLS
24 

•HR 6102 RH

1 submit to the Committee on Health, Education, Labor, and 

2 Pensions and the Committee on Appropriations of the Sen3 ate and the Committee on Education and Labor and the 

4 Committee on Appropriations of the House of Representa5 tives a comprehensive strategy to reduce the backlog of cases 

6 pending on such date of enactment before the Office of Ad7 ministrative Law Judges of the Department of Labor. 

8 (b) CONTENTS OF STRATEGY.—The strategy under this 

9 section shall provide information relating to— 

10 (1) the current and targeted pendency for each 

11 category of cases before the Office of Administrative 

12 Law Judges of the Department of Labor; 

13 (2) the number of administrative law judges, at14 torney advisors supporting such judges, support staff, 

15 and other resources necessary to achieve and main16 tain the targeted pendency for each category of such 

17 cases; 

18 (3) the necessary resources to improve efficiency 

19 and effectiveness, such as equipment for video con20 ferences, training, use of reemployed annuitants, and 

21 administrative reforms; and 

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

23 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec24 essary resources needed to reduce the average pend25 ency of cases to less than 12 months from the date of 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•HR 6102 RH

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

2 case. 

3 PART C—IMPROVEMENT IN THE FINANCIAL SE4 CURITY OF THE BLACK LUNG BENEFITS DIS5 ABILITY TRUST FUND 

6 SEC. 131. POLICIES FOR SECURING THE PAYMENT OF BENE7 FITS. 

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

9 date of enactment of this Act, the Secretary shall publish 

10 an interim final rule setting forth the requirements for an 

11 operator of a coal mine to qualify as a self-insurer with 

12 respect any portion of the operator’s liabilities under the 

13 Black Lung Benefits Act, as described in section 423(a)(1) 

14 of such Act (30 U.S.C. 933(a)(1)). Such rule shall— 

15 (1) establish criteria, relating to the financial 

16 health of the operator (including creditworthiness, 

17 long-term enterprise viability, and other liabilities), 

18 on which the eligibility of the operator to seek and 

19 maintain qualification as a self-insurer shall be deter20 mined; 

21 (2) establish procedures to determine on an an22 nual basis (or more frequently, where deemed nec23 essary by the Secretary) the minimum amount of se24 curity sufficient to insure current and projected li25 abilities; and 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•HR 6102 RH

1 (3) establish procedures for review by the Sec2 retary of operator appeals of determinations described 

3 in paragraphs (1) and (2). 

4 The Secretary shall promulgate a final rule not later than 

5 12 months after the date of enactment of this Act. 

6 (b) PENALTIES.— 

7 (1) IN GENERAL.—Section 423(d)(1) of the Black 

8 Lung Benefits Act (30 U.S.C. 933(d)(1)) is amend9 ed— 

10 (A) by striking ‘‘$1,000’’ and inserting 

11 ‘‘$25,000’’; 

12 (B) by inserting ‘‘chief executive officer, 

13 chief operating officer,’’ after the word ‘‘presi14 dent,’’ each place it appears; 

15 (C) by striking ‘‘and treasurer’’ each place 

16 it appears and inserting ‘‘treasurer, and other 

17 responsible party’’; 

18 (D) by striking ‘‘for any benefit’’ and all 

19 that follows through ‘‘this section.’’ and inserting 

20 ‘‘for— 

21 ‘‘(A) any benefit which may accrue under this 

22 title in respect to any disability which may occur to 

23 any employee of such corporation while it shall so fail 

24 to secure the payment of benefits as required by this 

25 section; or 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•HR 6102 RH

1 ‘‘(B) in the event of bankruptcy or other perma2 nent abandonment of the obligation to secure the pay3 ment of benefits, the actuarial present value of the 

4 benefits to be paid by the fund under section 

5 424(b)(1), projected as of the date of failure to secure 

6 such benefits, less any security recovered or surren7 dered, plus interest.’’. 

8 (2) OTHER RESPONSIBLE PARTY DEFINED.—Sec9 tion 402 of the Black Lung Benefits Act (30 U.S.C. 

10 902) is amended by inserting at the end the following: 

11 ‘‘(j) The term ‘other responsible party’ means— 

12 ‘‘(1) an individual, partnership, joint venture, 

13 corporation, mutual company, joint-stock company, 

14 trust, estate, unincorporated organization, associa15 tion, or other enterprise that possesses, directly or in16 directly, the power to direct or cause the direction of 

17 the management and policies of an operator or em18 ployer; or 

19 ‘‘(2) any trade or business (whether or not incor20 porated) which is under common control with an op21 erator or employer.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•HR 6102 RH

1 TITLE II—ESTABLISHING THE 

2 OFFICE OF WORKERS’ COM3 PENSATION PROGRAMS 

4 SEC. 201. OFFICE OF WORKERS’ COMPENSATION PRO5 GRAMS. 

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

7 the Department of Labor, an Office of Workers’ Compensa8 tion Programs (referred to in this section as the ‘‘Office’’). 

9 (b) DIRECTOR.— 

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

11 a Director for the Office of Workers’ Compensation 

12 (referred to in this section as the ‘‘Director’’) who 

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

14 advice and consent of the Senate. 

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

16 duties carried out by the Director for the Office of 

17 Workers’ Compensation as of the day before the date 

18 of enactment of this Act. 

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

20 after the date of enactment of this Act shall include the func21 tions of the Office on the day before the date of enactment 

22 of this Act, including all of its personnel, assets, authorities, 

23 and liabilities. 

24 (d) REFERENCES TO BUREAU OF EMPLOYEES’ COM25 PENSATION.—Reference in any other Federal law, Executive 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•HR 6102 RH

1 order, reorganization plan, rule, regulation, or delegation 

2 of authority, or any document of or relating to the Bureau 

3 of Employees’ Compensation with regard to functions car4 ried out by the Office of Workers’ Compensation Programs, 

5 shall be deemed to refer to the Office of Workers’ Compensa6 tion Programs. 

7 TITLE III—ADDITIONAL 

8 PROVISIONS 

9 SEC. 301. TECHNICAL AND CONFORMING AMENDMENTS. 

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

11 is amended— 

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

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

15 (2) in section 402— 

16 (A) in subsection (a), by striking paragraph 

17 (2) and inserting the following: 

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

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

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

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

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

25 216(f) of such Act. An individual is the ‘spouse’ of a 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•HR 6102 RH

1 miner when such individual is legally married to the 

2 miner under the laws of the State where the marriage 

3 was celebrated. The term ‘spouse’ also includes a ‘di4 vorced wife’ or ‘divorced husband’, as such terms are 

5 defined in paragraph (1) or (4) of section 216(d) of 

6 such Act, who is receiving at least one-half of his or 

7 her support, as determined in accordance with regula8 tions prescribed by the Secretary, from the miner, or 

9 is receiving substantial contributions from the miner 

10 (pursuant to a written agreement), or there is in ef11 fect a court order for substantial contributions to the 

12 spouse’s support from such miner.’’; 

13 (B) by striking subsection (e) and inserting 

14 the following: 

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

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

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

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

19 requirements of subparagraph (A), (B), (C), (D), or (E) of 

20 section 216(c)(1) of the Social Security Act, subparagraph 

21 (A), (B), (C), (D), or (E) of section 216(g)(1) of such Act, 

22 or section 216(k) of such Act, who is not married. An indi23 vidual is the ‘surviving spouse’ of a miner when legally 

24 married at the time of the miner’s death under the laws 

25 of the State where the marriage was celebrated. Such term 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•HR 6102 RH

1 also includes a ‘surviving divorced wife’ or ‘surviving di2 vorced husband’, as such terms are defined in paragraph 

3 (2) or (5) of section 216(d) of such Act who for the month 

4 preceding the month in which the miner died, was receiving 

5 at least one-half of his or her support, as determined in 

6 accordance with regulations prescribed by the Secretary, 

7 from the miner, or was receiving substantial contributions 

8 from the miner (pursuant to a written agreement) or there 

9 was in effect a court order for substantial contributions to 

10 the spouse’s support from the miner at the time of the min11 er’s death.’’; 

12 (C) in subsection (g)— 

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

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

15 ceased’’; and 

16 (ii) in the matter following paragraph 

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

18 appears and inserting ‘‘surviving spouse’’; 

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

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

21 Revenue Code of 1986’’; and 

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

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

24 Revenue Code of 1986’’; 

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


pamtmann on DSKBC07HB2PROD with BILLS
32 

•HR 6102 RH

1 (A) by striking subsection (a) and inserting 

2 the following: 

3 ‘‘(a) The Secretary shall, in accordance with the provi4 sions of this title, and the regulations promulgated by the 

5 Secretary under this title, make payments of benefits in re6 spect of— 

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

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

10 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 enti17 tled to receive benefits on a claim filed under part C; 

18 and 

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

20 entitled to receive benefits on a claim filed under part 

21 C before January 1, 1982.’’; and 

22 (B) in subsection (c)— 

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

24 pneumoconiosis’’ and inserting ‘‘the miner’s 

25 pneumoconiosis’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•HR 6102 RH

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, and 

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

12 miner who is found entitled to receive benefits on a 

13 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 January 

16 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 the 

21 rate the deceased miner would receive such benefits if he 

22 were totally disabled.’’; 

23 (ii) in paragraph (3)— 

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

25 and all that follows through ‘‘section 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•HR 6102 RH

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

2 ‘‘(3)(A) In the case of the child or chil3 dren of a miner described in subpara4 graph (B)’’; 

5 (II) by striking ‘‘he’’ each place it 

6 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, that 

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

18 who is found entitled to receive benefits on a claim 

19 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 January 

22 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; 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•HR 6102 RH

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 parents 

10 of a miner who is not survived at the 

11 time of death by a surviving spouse or 

12 a child and (i) whose death is due to 

13 pneumoconiosis, (ii) in a claim filed 

14 after January 1, 2005, that is pending 

15 on or after March 23, 2010, who is 

16 found entitled to receive benefits on a 

17 claim filed under part C, (iii) who is 

18 found entitled to receive benefits on a 

19 claim filed under part C before Janu20 ary 1, 1982, or (iv) in a claim filed 

21 under part C before January 1, 1982, 

22 who was totally disabled by pneumo23 coniosis at the time of the miner’s 

24 death; in the case of the dependent sur25 viving brother(s) or sister(s) of such a 


pamtmann on DSKBC07HB2PROD with BILLS
36 

•HR 6102 RH

1 miner who is not survived at the time 

2 of the miner’s death by a surviving 

3 spouse, child, or parent; in the case of 

4 the dependent parent or parents of a 

5 miner (who is not survived at the time 

6 of the miner’s death by a surviving 

7 spouse or child) who are entitled to the 

8 payment of benefits under paragraph 

9 (5) of section 411(c); or in the case of 

10 the dependent surviving brother(s) or 

11 sister(s) of a miner (who is not sur12 vived at the time of the miner’s death 

13 by a surviving spouse, child, or parent) 

14 who are entitled to the payment of ben15 efits under paragraph (5) of section 

16 411(c), benefits shall be paid under 

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

18 brother(s), or sister(s), at the rate spec19 ified in paragraph (3) (as if such par20 ent(s) or such brother(s) or sister(s), 

21 were the children of such miner).’’; and 

22 (II) in the fourth sentence— 

23 (aa) by striking ‘‘brother 

24 only if he’’ and inserting ‘‘brother 


pamtmann on DSKBC07HB2PROD with BILLS
37 

•HR 6102 RH

1 or sister only if the brother or sis2 ter’’; and 

3 (bb) by striking ‘‘before he 

4 ceased’’ and inserting ‘‘before the 

5 brother or sister ceased’’; and 

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

7 ‘‘prescribed by him’’ and inserting ‘‘pre8 scribed by such Secretary’’; 

9 (B) in subsection (b)— 

10 (i) by striking ‘‘his’’ each place it ap11 pears and inserting ‘‘such miner’s’’; and 

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

13 appears and inserting ‘‘surviving spouse’’; 

14 and 

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

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

17 Revenue Code of 1986’’; 

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

19 (A) in subsection (b)— 

20 (i) in the second sentence, by striking 

21 ‘‘his wife’s affidavits’’ and inserting ‘‘affi22 davits of the miner’s spouse’’; 

23 (ii) in the ninth sentence, by striking 

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

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
38 

•HR 6102 RH

1 (iii) by striking the last sentence; and 

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

3 claim’’ and inserting ‘‘the claim’’; 

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

5 (A) in subsection (a)— 

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

7 ‘‘widow, within six months after the death 

8 of her husband’’ and inserting ‘‘surviving 

9 spouse, within six months after the death of 

10 the miner’’; and 

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

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

13 (B) in subsection (e)— 

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

15 ‘‘surviving spouse’’; and 

16 (ii) by striking ‘‘his death’’ and insert17 ing ‘‘the miner’s death’’; 

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

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

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

21 Revenue Code of 1986’’; and 

22 (B) in paragraph (2)— 

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

24 ‘‘such Secretary’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•HR 6102 RH

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

2 ‘‘such Secretary’’; 

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

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

5 and inserting ‘‘spouses’’; and 

6 (B) in subsection (b)(2)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘he’’ and inserting 

9 ‘‘such Secretary’’; and 

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

11 ‘‘promulgated by him’’ and inserting ‘‘pro12 mulgated by such Secretary’’; 

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

14 (A) in subsection (a)— 

15 (i) by striking ‘‘Internal Revenue Code 

16 of 1954’’ and inserting ‘‘Internal Revenue 

17 Code of 1986’’; and 

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

19 ‘‘such Secretary’’; 

20 (B) in subsection (i)(4), by striking ‘‘Inter21 nal Revenue Code of 1954’’ and inserting ‘‘Inter22 nal Revenue Code of 1986’’; and 

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

24 Revenue Code of 1954’’ each place it appears 

25 and inserting ‘‘Internal Revenue Code of 1986’’; 


pamtmann on DSKBC07HB2PROD with BILLS
40 

•HR 6102 RH

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

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

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

4 (A) in the matter following subparagraph 

5 (B) of paragraph (1), by striking ‘‘him’’ and in6 serting ‘‘such operator’’; 

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

8 Revenue Code of 1954’’ each place it appears 

9 and inserting ‘‘Internal Revenue Code of 1986’’; 

10 and 

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

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

13 Revenue Code of 1986’’; 

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

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

16 and inserting ‘‘such operator’’; and 

17 (B) in subsection (b)— 

18 (i) in the first sentence, by striking 

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

20 (ii) in the third sentence, by striking 

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

22 (iii) in the ninth sentence— 

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

24 appears and inserting ‘‘the Secretary’’; 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
41 

•HR 6102 RH

1 (II) by striking ‘‘his’’ and insert2 ing ‘‘the miner’s’’; and 

3 (iv) in the tenth sentence, by striking 

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

5 ‘‘the Secretary’’; and 

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

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

8 ‘‘1977,’’; and 

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

10 ‘‘1981, and the Black Lung Benefits Improve11 ment Act of 2022, and any amendments made 

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

13 SEC. 302. SEVERABILITY. 

14 If any provision of this Act or any amendment made 

15 by this Act, or the application of a provision of this Act 

16 or an amendment made by this Act to any person or cir17 cumstance, is held to be unconstitutional, the remainder of 

18 this Act, and the application of the provisions to any person 

19 or circumstance, shall not be affected by the holding. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 483 

117TH CONGRESS 

2D SESSION H. R. 6102 

[Report No. 117–589, Part I] 

A BILL 

To ensure that claims for benefits under the Black 

disease’’), and for other purposes. pneumoconiosis (commonly known as ‘‘black lung timely manner, to better protect miners from Lung Benefits Act are processed in a fair and 

DECEMBER 23, 2022 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS