II 

113TH CONGRESS 

2D SESSION S. 2959 

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

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

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2014 

Mr. CASEY (for himself, Mr. ROCKEFELLER, Mr. HARKIN, Mr. BROWN, Mr. 

MANCHIN, Mr. KAINE, and Mr. WARNER) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To ensure that claims for benefits under the Black Lung 

Benefits Act are processed in a fair and timely manner, 

to protect miners from pneumoconiosis (commonly known 

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

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

3 SECTION 1. SHORT TITLE. 

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

5 Improvement Act of 2014’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—BLACK LUNG BENEFITS 

PART A—IMPROVING THE PROCESS FOR FILING AND ADJUDICATING CLAIMS

FOR BENEFITS

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

Sec. 102. Legal fees. 

Sec. 103. Clarifying eligibility for black lung benefits claims. 

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

black lung disease and for their dependent family members. 

Sec. 105. Treatment of evidence in equipoise. 

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

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

discovery sanctions. 

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

Sec. 109. Establishment of pilot program to provide impartial classifications of 

chest radiographs. 

Sec. 110. Medical evidence training program. 

Sec. 111. Technical and conforming amendments. 

Sec. 112. Readjudicating cases involving certain chest radiographs. 

PART B—REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS

UNDER THE BLACK LUNG BENEFITS ACT

Sec. 113. Strategy to reduce delays in adjudication. 

Sec. 114. GAO report on black lung disease. 

TITLE II—STANDARD FOR RESPIRABLE DUST CONCENTRATION 

Sec. 201. Standard for respirable dust concentration. 

TITLE III—ESTABLISHING THE OFFICE OF WORKERS’ 

COMPENSATION PROGRAMS 

Sec. 301. Office of Workers’ Compensation Programs. 

TITLE IV—SEVERABILITY 

Sec. 401. Severability. 

1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

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

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

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

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

3 claimant’s eligibility for these benefits often requires 

4 complex, adversarial litigation. Resource disparities 

5 between coal companies and such claimants are 

6 widespread within the statutory and regulatory 

7 framework of such Act. Comprehensive reforms are 

8 necessary to ensure that coal miners are not at a 

9 disadvantage when filing claims for benefits. 

10 (2) The Government Accountability Office has 

11 found that many claimants under the Black Lung 

12 Benefits Act are not equipped with the medical and 

13 legal resources necessary to develop evidence to meet 

14 the requirements for benefits. Miners often lack 

15 complete and reliable medical evidence, consequently 

16 increasing the risk that the individuals who review 

17 claims for benefits will be presented with insufficient 

18 medical evidence. Similarly, without better options 

19 for legal representation, significant numbers of such 

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

22 without resources that Department of Labor officials 

23 and black lung disease experts note are important 

24 for developing evidence and supporting their claims. 

25 Only a quarter of claimants are represented by an 

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1 attorney when filing a claim. Absent efforts to rem2 edy administrative problems and address structural 

3 weaknesses in the process for obtaining benefits, 

4 claimants with meritorious claims would not receive 

5 benefits. 

6 (3) Full exchange and disclosure between the 

7 parties of relevant medical information is essential 

8 for fair adjudication of claims under the Black Lung 

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

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

13 evidence from claimants, administrative law judges, 

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

15 In several cases, the disclosure of such evidence 

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

18 miners by depriving them of important information 

19 about their own health and the potential need to 

20 seek medical treatment. 

21 (4) Given the remedial nature of the Black 

22 Lung Benefits Act, when an adjudicator determines 

23 that evidence is evenly balanced, it is appropriate for 

24 any resulting doubt to be resolved in favor of the 

25 claimant. The Supreme Court vacated this longmstockstill on DSK5SPTVN1PROD with BILLS

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1 standing legal principle, not on substantive grounds, 

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

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

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

8 pulmonary assessments used in proceedings for 

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

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

13 and Health (referred to in this section as 

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

15 that there are NIOSH-certified B Readers who have 

16 systematically misclassified chest radiographs while 

17 employed by coal operators or their law firms for the 

18 purpose of opposing claims under such Act. In re19 sponse, the Department of Labor has directed claims 

20 examiners not to credit negative chest x-ray readings 

21 for pneumoconiosis by one widely used physician em22 ployed at a prominent medical center, unless the 

23 Secretary of Labor determines that such readings 

24 are otherwise credible. Where chest radiographs are 

25 needed to establish entitlement to benefits, claimants 

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1 should have access to accurate interpretations so as 

2 to ensure the fair adjudication of such claims. 

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

4 more than one year has passed since survivors were 

5 denied benefits on claims under the Black Lung 

6 Benefits Act that involved the consideration of chest 

7 radiograph interpretations by a certain physician 

8 whose interpretations have since been determined by 

9 the Department of Labor to be generally not worthy 

10 of credit. Such survivors should be permitted to file 

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

12 a survivor is effectively barred from filing a new 

13 claim one year after a decision regarding such bene14 fits is final, constituting an injustice that merits a 

15 remedy. 

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

17 a reduction in the number of administrative law 

18 judges in the Department of Labor, coupled with a 

19 large increase in the number of cases filed under the 

20 Black Lung Benefits Act, cuts to nondefense discre21 tionary spending, furloughs resulting from seques22 tration, and the 16-day shutdown of the Federal 

23 Government during the calendar year 2013, has cre24 ated extensive delays in adjudicating claims under 

25 such Act and numerous other labor and employment 

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1 laws. Due to the imbalance between resources and 

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

3 administrative law judge and a typical claim under 

4 such Act remains unresolved for an average of 42 

5 months prior to a decision by an administrative law 

6 judge. These delays directly and severely impact the 

7 lives of workers throughout the United States, plac8 ing an undue financial and emotional burden on the 

9 affected individuals and their families. 

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

11 payments under the Black Lung Benefits Act do not 

12 automatically increase with the rising cost of living. 

13 Benefit payments are tied to the monthly pay rate 

14 for Federal employees in grade GS–2, step 1. In sev15 eral of the fiscal years prior to the enactment of this 

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

17 which eliminated cost-of-living adjustments under 

18 such Act for such years. 

19 (9) A competent assessment of medical infor20 mation and testimony, which often involves multiple 

21 physicians disputing a diagnosis, is necessary in de22 termining whether to award benefits under the 

23 Black Lung Benefits Act. To ensure that a deter24 mination regarding a claim for benefits under such 

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1 Act is fair and accurate, regular training is needed 

2 regarding— 

3 (A) developments in pulmonary medicine 

4 relating to black lung disease; 

5 (B) medical evidence necessary to sustain 

6 claims for such benefits; and 

7 (C) the proper weight to be given to con8 flicting evidence. 

9 (10) Black lung disease has been the underlying 

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

11 miners since 1968. After decades of decline, the inci12 dence of coal miners with black lung disease is on 

13 the rise. According to NIOSH, miners are devel14 oping advanced cases of the disease at younger ages. 

15 In response, the Department of Labor has taken im16 portant steps to combat the disease, including pro17 mulgating a rule that reduces the allowed concentra18 tion of coal dust and eliminates weaknesses in the 

19 current dust sampling system. Retrospective studies 

20 should be continued to determine whether revisions 

21 to the standards are necessary to eliminate the dis22 ease. 

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1 TITLE I—BLACK LUNG BENEFITS 

2 PART A—IMPROVING THE PROCESS FOR FILING 

3 AND ADJUDICATING CLAIMS FOR BENEFITS 

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

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

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

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

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

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

13 medical examination regarding the miner’s respiratory or 

14 pulmonary condition shall, not later than 21 days after 

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

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

18 ‘‘(1) be in writing; and 

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

21 results of any diagnostic imaging tests, and any 

22 other tests performed on the miner. 

23 ‘‘(b) DISCLOSURE.— 

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

25 under this title, each party shall provide all other 

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1 parties in the proceeding with a copy of all medical 

2 information developed regarding the miner’s physical 

3 condition relating to such claim, even if the party 

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

6 ‘‘(2) MEDICAL INFORMATION.—The medical in7 formation described in paragraph (1) shall include— 

8 ‘‘(A) the opinion of any examining physi9 cian; and 

10 ‘‘(B) any examining or nonexamining phy11 sician’s interpretation of radiographs or pathol12 ogy samples, and reports of such radiographs or 

13 samples. 

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

15 regulations regarding the disclosure of medical informa16 tion under this section, and such regulations may establish 

17 sanctions for noncompliance with this section.’’. 

18 SEC. 102. LEGAL FEES. 

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

20 901 et seq.), as amended by section 101, is further amend21 ed by adding at the end the following: 

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

23 ‘‘(a) PROGRAM ESTABLISHED.— 

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

25 after the date of enactment of the Black Lung Benemstockstill on DSK5SPTVN1PROD with BILLS

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1 fits Improvement Act of 2014, the Secretary shall 

2 establish an attorneys’ fee payment program to pay 

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

4 attorneys of claimants in qualifying claims. 

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

6 for purposes of this section is a contested claim for 

7 benefits under this title for which a final order has 

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

9 claim. 

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

11 Notwithstanding any other provision of law, 

12 amounts in the fund shall be available for payments 

13 authorized by the Secretary under this section. 

14 ‘‘(b) PAYMENTS AUTHORIZED.— 

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

16 under this title obtains an effective award for a 

17 qualifying claim before an administrative law judge, 

18 the Benefits Review Board established under section 

19 21(b) of the Longshore and Harbor Workers’ Com20 pensation Act (33 U.S.C. 921(b)), or a Federal 

21 court, and the judge, Board, or court approves attor22 neys’ fees for work done before it, the Secretary 

23 shall, through the program under this section, pay 

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

25 at each stage of the administrative and legal process. 

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

2 under this section shall not pay more than a total 

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

4 claim. 

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

6 which a qualifying claim results in a final order awarding 

7 compensation, the liable operator shall reimburse the fund 

8 for any fees paid under this section, subject to enforce9 ment by the Secretary under section 424 and in the same 

10 manner as compensation orders are enforced under section 

11 21(d) of the Longshore and Harbor Workers’ Compensa12 tion Act (33 U.S.C. 921(d)). 

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

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

15 liability for any attorneys’ fees awarded by an administra16 tive law judge, the Benefits Review Board, or a Federal 

17 court, that were not paid by the program under this sec18 tion. Nothing in this section shall limit or otherwise affect 

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

20 pay approved attorneys’ fees in claims for benefits under 

21 this title for which a final order awarding compensation 

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

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

24 payment for attorneys’ fees made by the Secretary under 

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1 this section shall not be recouped from the claimant or 

2 the claimant’s attorney.’’. 

3 SEC. 103. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN4 EFITS CLAIMS. 

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

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

7 (4) and inserting the following: 

8 ‘‘(3)(A) If x-ray, biopsy, autopsy, or other 

9 medically accepted and relevant test or procedure es10 tablishes that a miner is suffering or has suffered 

11 from a chronic dust disease of the lung, diagnosed 

12 as complicated pneumoconiosis or progressive mas13 sive fibrosis, then there shall be an irrebuttable pre14 sumption that such miner is totally disabled due to 

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

16 pneumoconiosis, or that, at the time of death, such 

17 miner was totally disabled by pneumoconiosis, as the 

18 case may be. A chest radiograph that yields one or 

19 more large opacities (greater than one centimeter in 

20 diameter) and would be classified in category A, B, 

21 or C in the International Classification of 

22 Radiographs of Pneumoconioses by the International 

23 Labor Organization shall be sufficient to invoke such 

24 presumption, unless there is more probative evidence 

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1 establishing that the etiology of a large opacity is 

2 not pneumoconiosis. 

3 ‘‘(B) In this paragraph, the term ‘complicated 

4 pneumoconiosis or progressive massive fibrosis’ 

5 means pneumoconiosis that has formed an opacity, 

6 mass, or lesion greater than one centimeter in di7 ameter. 

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

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

10 chest radiograph submitted in connection with the 

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

12 surviving spouse, child, parent, brother, sister, or de13 pendent and it is interpreted as negative with re14 spect to the requirements of paragraph (3), and if 

15 other evidence demonstrates the existence of a to16 tally disabling respiratory or pulmonary impairment, 

17 then there shall be a rebuttable presumption that 

18 such miner is totally disabled due to pneumoconiosis, 

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

20 or that, at the time of death, the miner was totally 

21 disabled by pneumoconiosis. In the case of a living 

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

23 to establish the presumption under this paragraph. 

24 The presumption under this paragraph may be re25 butted only by establishing that such miner does 

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

2 of such miner’s respiratory or pulmonary impair3 ment was caused by pneumoconiosis.’’. 

4 SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 

5 FOR MINERS SUFFERING FROM BLACK LUNG 

6 DISEASE AND FOR THEIR DEPENDENT FAM7 ILY MEMBERS. 

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

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

10 inserting the following: 

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

12 due to pneumoconiosis, the disabled miner shall be 

13 paid benefits during the disability— 

14 ‘‘(A) for any calendar year preceding January 1, 2015, at a rate equal to 371 15 ⁄2 per cen16 tum of the monthly pay rate for Federal em17 ployees in grade GS–2, step 1; 

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

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

20 payable in 12 equal monthly payments; and 

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

22 a rate equal to the amount under subparagraph 

23 (B) increased by an amount equal to any in24 crease in the annual rate of the Consumer Price 

25 Index for Urban Wage Earners and Clerical 

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1 Workers, as published by the Bureau of Labor 

2 Statistics.’’. 

3 SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE. 

4 Section 422 of the Black Lung Benefits Act (30 

5 U.S.C. 932) is amended by adding at the end the fol6 lowing: 

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

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

9 balanced on an issue shall resolve any resulting doubt in 

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

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

12 SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN13 ERS AND THEIR DEPENDENT FAMILY MEM14 BERS. 

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

16 U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex17 amination, and treatment’’ and all that follows through 

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

19 and treatment of respiratory and pulmonary impairments 

20 in active and inactive coal miners and for assistance on 

21 behalf of miners, surviving spouses, dependents, and other 

22 family 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) threaten, coerce, intimidate, deceive, or 

17 knowingly mislead a party, representative, witness, 

18 potential witness, judge, or anyone participating in 

19 a proceeding regarding any matter related to a pro20 ceeding 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 a proceeding under this 

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

18 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) CONDITIONS FOR SUPPLEMENTAL MEDICAL

21 EVIDENCE.—The Secretary shall develop supplemental 

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

23 ‘‘(1) for any claim in which the Secretary rec24 ommends an award of benefits based on the results 

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

26 party opposing such award submits evidence that 

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1 could be considered contrary to the findings of the 

2 Secretary; and 

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

4 heard by an administrative law judge, in which— 

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

6 the claimant; 

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

8 submitted evidence not previously reviewed that 

9 could be considered contrary to the award 

10 under subparagraph (A); and 

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

12 represented by an attorney, the claimant’s at13 torney consents to the Secretary developing 

14 supplemental medical evidence. 

15 ‘‘(c) PROCESS FOR SUPPLEMENTAL MEDICAL EVI16 DENCE.— 

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

18 paragraph (2), to develop supplemental medical evi19 dence under conditions described in subsection (b), 

20 the Secretary shall request the physician who con21 ducted the initial report under subsection (a)(1) 

22 to— 

23 ‘‘(A) review any medical evidence sub24 mitted after such report or the most recent sup25 plemental report, as appropriate; and 

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1 ‘‘(B) update his or her opinion in a supple2 mental report. 

3 ‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi4 cian is no longer available or is unwilling to provide 

5 supplemental medical evidence under paragraph (1), 

6 the Secretary shall select another qualified physician 

7 to provide such evidence. 

8 ‘‘(d) QUALIFIED PHYSICIANS FOR COMPLETE PUL9 MONARY EVALUATION AND PROTECTIONS FOR SUIT10 ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 

11 ‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec12 retary shall create and maintain a list of qualified 

13 physicians to be selected by a claimant to perform 

14 the complete pulmonary evaluation described in sub15 section (a). 

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

17 shall make the list under this subsection available to 

18 the public. 

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

20 Secretary shall update such list by reviewing the 

21 suitability of the listed qualified physicians and as22 sessing any potential conflicts of interest. 

23 ‘‘(4) CRITERIA FOR SUITABILITY.—In deter24 mining whether a physician is suitable to be on the 

25 list under this subsection, the Secretary shall consult 

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1 the National Practitioner Data Bank of the Depart2 ment of Health and Human Services and assess re3 ports of adverse licensure, certifications, hospital 

4 privilege, and professional society actions involving 

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

6 physician— 

7 ‘‘(A) who is not licensed to practice medi8 cine in any State or any territory, common9 wealth, or possession of the United States; 

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

11 licensing board of any State, territory, common12 wealth, or possession of the United States; or 

13 ‘‘(C) whose license is suspended by a med14 ical licensing board of any State, territory, com15 monwealth, or possession of the United States. 

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

17 shall develop and implement policies and procedures 

18 to ensure that any actual or potential conflict of in19 terest of qualified physicians on the list under this 

20 subsection, including both individual and organiza21 tional conflicts of interest, are disclosed to the De22 partment, and to provide such disclosure to claim23 ants. Such policies and procedures shall provide 

24 that, unless the claimant knowingly and with the 

25 benefit of full disclosure waives the following limitamstockstill on DSK5SPTVN1PROD with BILLS

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1 tions, a physician shall not be used to perform a 

2 complete pulmonary medical evaluation under sub3 section (a) that is reimbursed pursuant to subsection 

4 (f), if— 

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

6 contract to, or otherwise providing services to a 

7 private party opposing the claim, a law firm or 

8 lawyer representing such opposing party, or an 

9 interested insurer or other interested third 

10 party; or 

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

12 a private party opposing the claim, a law firm 

13 or lawyer representing such opposing party, or 

14 an interested insurer or other interested third 

15 party in the previous 24 months. 

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

17 supplemental report under this section, the Secretary shall 

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

19 report to all parties to the proceeding. 

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

21 the medical evidence under this section shall be paid for 

22 by the fund. If a claimant receives a final award of bene23 fits, the operator liable for payment of benefits, if any, 

24 shall reimburse the fund for such expenses, which shall 

25 include interest.’’. 

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1 SEC. 109. ESTABLISHMENT OF PILOT PROGRAM TO PRO2 VIDE IMPARTIAL CLASSIFICATIONS OF 

3 CHEST RADIOGRAPHS. 

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

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

7 ‘‘SEC. 436. ESTABLISHMENT OF PILOT PROGRAM TO PRO8 VIDE IMPARTIAL CLASSIFICATIONS OF 

9 CHEST RADIOGRAPHS. 

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

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

12 an individual who— 

13 ‘‘(A) has a valid license to practice medi14 cine in not less than one State, territory, com15 monwealth, or possession of the United States; 

16 and 

17 ‘‘(B) has demonstrated a proficiency, 

18 through an examination administered by the 

19 National Institute for Occupational Safety and 

20 Health, in classifying chest radiographs for 

21 findings consistent with pneumoconiosis using 

22 the International Classification of Radiographs 

23 of Pneumoconioses by the International Labor 

24 Organization (referred to in this section as the 

25 ‘ILO’). 

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

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

3 selected by the Director exclusively from the B 

4 Reader Panel Pool. 

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

6 Reader Panel Pool’ means the group of physicians 

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

8 ‘‘(4) COMPLICATED PNEUMOCONIOSIS OR PRO9 GRESSIVE MASSIVE FIBROSIS.—The term ‘com10 plicated pneumoconiosis or progressive massive fi11 brosis’ means pneumoconiosis with the formation of 

12 large opacities greater than or equal to category A 

13 of the ILO classification. 

14 ‘‘(5) DIRECTOR.—The term ‘Director’ means 

15 the Director of the National Institute for Occupa16 tional Safety and Health. 

17 ‘‘(6) ILO CLASSIFICATION.—The term ‘ILO 

18 classification’ means the standardized categorization 

19 of chest radiographs for findings consistent with 

20 pneumoconiosis using the International Classifica21 tion of Radiographs of Pneumoconioses by the ILO. 

22 ‘‘(7) ILO STANDARD RADIOGRAPHS.—The term 

23 ‘ILO Standard Radiographs’ means the set of stand24 ard radiographs used in the ILO International Clasmstockstill on DSK5SPTVN1PROD with BILLS

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1 sification of Radiographs of Pneumoconioses by the 

2 ILO. 

3 ‘‘(b) B READER PANEL PROGRAM.— 

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

5 ‘‘(A) IN GENERAL.—The Director shall es6 tablish, in the National Institute for Occupa7 tional Safety and Health, a pilot program to be 

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

9 B Reader Panel Program shall establish B 

10 Reader Panels that— 

11 ‘‘(i) are operated in a manner to as12 sure accurate ILO classifications, which 

13 may be used for claims for benefits de14 scribed in subparagraph (C); 

15 ‘‘(ii) only classify chest radiographs; 

16 and 

17 ‘‘(iii) classify all appearances— 

18 ‘‘(I) described in the Inter19 national Classification of Radiographs 

20 of Pneumoconiosis by the ILO; or 

21 ‘‘(II) illustrated by the ILO 

22 Standard Radiographs. 

23 ‘‘(B) DURATION.—The B Reader Panel 

24 Program established under this section shall be 

25 conducted for a duration of one year, beginning 

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1 after the issuance of necessary protocols and in2 terim final rules under subsection (h). 

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

4 classification may only be requested under this 

5 section for a claim for benefits under this title 

6 where the presence or absence of complicated 

7 pneumoconiosis or progressive massive fibrosis 

8 is in fact at issue. 

9 ‘‘(2) PROGRAM PERSONNEL MATTERS.— 

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

11 such personnel as are necessary to establish, 

12 manage, and evaluate the B Reader Panel Pro13 gram, including a B Reader Program Director 

14 described in subparagraph (B). 

15 ‘‘(B) B READER PROGRAM DIRECTOR.— 

16 The B Reader Program Director shall be a phy17 sician who is a B Reader and has documented 

18 expertise in ILO classifications. 

19 ‘‘(C) STAFF.— 

20 ‘‘(i) IN GENERAL.—In procuring the 

21 services of B Readers for this section, the 

22 Director may hire Federal personnel, con23 tract for services, or both. 

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1 ‘‘(ii) COMPENSATION.—The Director 

2 shall establish compensation rates for B 

3 Readers who are hired under contract. 

4 ‘‘(3) ETHICS POLICY.— 

5 ‘‘(A) CODE OF ETHICS.— 

6 ‘‘(i) IN GENERAL.—In order to maxi7 mize the quality, objectivity, and con8 fidence in ILO classifications under this 

9 section, the Director shall establish a bind10 ing code of ethics to which all B Readers 

11 in the B Reader Panel Pool shall agree to 

12 in writing and adhere. 

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

14 shall include— 

15 ‘‘(I) definitions and stipulations 

16 of procedures dealing with actual and 

17 apparent conflicts of interest and the 

18 appearance of bias or lack of suffi19 cient impartiality; 

20 ‘‘(II) a requirement that each 

21 such B Reader submits a conflict of 

22 interest disclosure statement to the 

23 Director and annually updates such 

24 statement; and 

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1 ‘‘(III) requirements for the con2 tent of the conflict of interest disclo3 sure statements required under sub4 clause (II). 

5 ‘‘(B) B READER ETHICS OFFICER.—The 

6 Director shall designate an employee of the Na7 tional Institute for Occupational Safety and 

8 Health as the B Reader Ethics Officer whose 

9 responsibilities shall include— 

10 ‘‘(i) reviewing all conflict of interest 

11 disclosures of B Readers on the B Reader 

12 Panel Pool; 

13 ‘‘(ii) investigating the validity of such 

14 disclosures; 

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

16 Readers who fail to disclose a conflict of 

17 interest; 

18 ‘‘(iv) addressing complaints about in19 complete or inaccurate conflict of interest 

20 disclosures; 

21 ‘‘(v) assessing whether any such B 

22 Reader has been improperly assigned to a 

23 panel due to a conflict of interest; and 

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1 ‘‘(vi) assuring full transparency of 

2 conflict of interest disclosures to the pub3 lic. 

4 ‘‘(4) QUALITY ASSURANCE PROGRAM.— 

5 ‘‘(A) PROTOCOLS.— 

6 ‘‘(i) ESTABLISHMENT.—The Director 

7 shall establish a quality assurance program 

8 consisting of protocols to ensure that the 

9 results produced by B Reader Panels meet 

10 or exceed standards of performance re11 quired for accuracy and consistency. 

12 ‘‘(ii) PROTOCOLS.—The protocols 

13 under this subparagraph shall include pro14 tocols— 

15 ‘‘(I) for each B Reader to pre16 pare an individual ILO classification 

17 report for each chest radiograph; and 

18 ‘‘(II) for the preparation of a 

19 final ILO classification report for the 

20 chest radiograph. 

21 ‘‘(iii) ADDITIONAL REVIEWERS.—If 

22 individual ILO classifications reported by 

23 each B Reader of a B Reader Panel di24 verge from each other by more than an ac25 ceptable variance, as determined by protomstockstill on DSK5SPTVN1PROD with BILLS

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1 cols established under subsection (h), the 

2 Director shall assign additional B Readers 

3 to the applicable B Reader Panel or con4 vene an additional B Reader Panel, as the 

5 Director determines necessary, to assure 

6 that the ILO classification report of the 

7 initial B Reader Panel is accurate and sci8 entifically valid. 

9 ‘‘(iv) USE OF KNOWN POSITIVE AND

10 NEGATIVE X-RAYS AS A QUALITY CONTROL

11 TOOL.—The quality assurance program 

12 under this paragraph shall use pre-read 

13 radiographs, for which ILO classifications 

14 have been previously established as exter15 nal standards, with sufficient frequency in 

16 order to assure that B Readers on B Read17 er Panels read radiographs that are bor18 derline positive or negative for complicated 

19 pneumoconiosis or progressive massive fi20 brosis with accuracy and consistency. 

21 ‘‘(v) BLIND READINGS.—In reading a 

22 radiograph to make an ILO classification, 

23 a B Reader shall be blinded from the ori24 gin of the radiograph. 

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1 ‘‘(B) CONTINUOUS IMPROVEMENT.—The 

2 Director shall establish a process for providing 

3 feedback to B Readers in the B Reader Pool 

4 with respect to their performance in providing 

5 ILO classifications and provide suggestions for 

6 improvement. 

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

8 PANEL POOL.— 

9 ‘‘(1) ESTABLISHMENT.—The Director shall es10 tablish a B Reader Panel Pool to be used for the B 

11 Reader Panel Program under this section. The Di12 rector shall solicit and select physicians who are B 

13 Readers for inclusion in the B Reader Panel Pool. 

14 ‘‘(2) SELECTION AND RETENTION FOR B READ15 ERS ON B READER PANEL POOL.— 

16 ‘‘(A) IN GENERAL.—The Director shall es17 tablish and disclose criteria by which B Readers 

18 are selected and retained within the B Reader 

19 Panel Pool, including minimum standards of 

20 performance described in subparagraph (B). 

21 ‘‘(B) MINIMUM STANDARDS OF PERFORM22 ANCE.—The minimum standards of perform23 ance for inclusion in the B Reader Panel Pool 

24 shall include requiring the B Reader to make 

25 radiograph classifications consistent with ILO 

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1 classification criteria that are consistently with2 in acceptable norms, as established by the Di3 rector. 

4 ‘‘(C) CONSIDERATIONS FOR SELECTION.— 

5 In selecting a B Reader to be included in the 

6 B Reader Panel Pool, the Director shall— 

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

8 practicable, the prior performance of the B 

9 Reader in making ILO classifications; 

10 ‘‘(ii) consult the National Practitioner 

11 Data Bank of the Department of Health 

12 and Human Services for information on 

13 physician suitability; and 

14 ‘‘(iii) assess reports of adverse licen15 sure, certifications, hospital privilege, and 

16 professional society actions involving the B 

17 Reader. 

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

19 monitor ILO classifications conducted under 

20 this section to determine if any B Reader in21 cluded in the B Reader Panel Pool dem22 onstrates a pattern of providing ILO classifica23 tions that are erroneous or not consistently 

24 within the acceptable norms, as established by 

25 the Director. 

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1 ‘‘(3) PROCESS FOR REMOVAL.— 

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

3 authorized to suspend or remove any B Reader 

4 from the B Reader Panel Pool for— 

5 ‘‘(i) consistently failing to meet the 

6 minimum standards of performance under 

7 paragraph (2)(B); 

8 ‘‘(ii) breaching the code of ethics 

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

10 ‘‘(iii) other disqualifying conduct, as 

11 established by rule or policy. 

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

13 a process for a B Reader who is aggrieved by 

14 a decision of the Director under subparagraph 

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

16 and Human Services. The review by such Sec17 retary shall not stay the suspension of the B 

18 Reader during the pendency of the review. 

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

20 publicly accessible— 

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

22 Readers included in the B Reader Panel Pool; 

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

24 been suspended or removed from the B Reader 

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1 Panel Pool and the reasons for such suspension 

2 or removal; 

3 ‘‘(C) the conflict of interest disclosure 

4 statements required under subsection 

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

6 ‘‘(D) any pertinent information which the 

7 Director determines necessary to assure trans8 parency and program integrity. 

9 ‘‘(d) ELIGIBILITY TO REQUEST ILO CLASSIFICA10 TIONS.—Each of the following individuals may request an 

11 ILO classification under this section: 

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

13 representatives, in a claim for benefits that meets 

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

15 ‘‘(2) Individuals defined as adjudication officers 

16 by regulations of the Secretary. 

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

18 a written request for the classification of a chest 

19 radiograph, the Director shall provide a report conducted 

20 by a B Reader Panel— 

21 ‘‘(1) for digital chest radiographic images, with22 in 45 days; and 

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

24 days. 

25 ‘‘(f) TESTIMONY.— 

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1 ‘‘(1) AVAILABILITY OF DIRECTOR OR DES2 IGNEE.—The Director, or a designee of the Director, 

3 shall be available to respond to interrogatories or ap4 pear and testify about a B Reader Panel’s conclu5 sions or the process by which B Reader Panels clas6 sify radiographs in a case under subsection 

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

8 ‘‘(2) INTERROGATORIES AND SUBPOENAS FOR B

9 READERS.—To the extent that additional informa10 tion is reasonably necessary for the full development 

11 of evidence pertaining to a B Reader Panel Report 

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

13 a B Reader Panel— 

14 ‘‘(A) may be required to respond to inter15 rogatories with respect to the ILO classification 

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

17 so ordered by an administrative law judge; and 

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

19 testify under subpoena, unless the party making 

20 such request demonstrates to an administrative 

21 law judge that— 

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

23 incomplete or lacks information that is rea24 sonably necessary for such full develop25 ment; and 

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1 ‘‘(II) if responses to interrogatories 

2 were ordered, the responses are unclear or 

3 incomplete; or 

4 ‘‘(ii) there is an extraordinary cir5 cumstance in which additional information 

6 that is reasonably necessary for such full 

7 development is otherwise unavailable from 

8 the Director and can only be provided by 

9 such B Reader. 

10 ‘‘(g) ADMINISTRATIVE COSTS.— 

11 ‘‘(1) ESTABLISHMENT.—Funds necessary to es12 tablish and operate the B Reader Panel Program 

13 under this section shall be paid as an administrative 

14 cost from the fund. The Director shall consult with 

15 the Secretary on allocations of funds in establishing 

16 such program. 

17 ‘‘(2) COSTS OF REPORTS FOR B READER PAN18 ELS.— 

19 ‘‘(A) FEES.— 

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

21 establish a fee for a B Reader Panel Re22 port in accordance with clause (ii). Such 

23 fee shall be payable by the party request24 ing such report. No fee shall be charged if 

25 the request for such ILO classification is 

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1 made by an individual defined as an adju2 dication officer by regulations of the Sec3 retary. 

4 ‘‘(ii) LIMITATION.—The amount of a 

5 fee under clause (i) shall not exceed the di6 rect cost of hiring the B Readers of the B 

7 Reader Panel that made the ILO classi8 fication. 

9 ‘‘(B) LEGAL COSTS.— 

10 ‘‘(i) IN GENERAL.—The National In11 stitute for Occupational Safety and Health 

12 shall use amounts in the fund to pay for 

13 all costs related to the appearance and re14 sponses to interrogatories of the Director 

15 or a designee of the Director, or a B Read16 er of a B Reader Panel, in a proceeding 

17 under this section. 

18 ‘‘(ii) REPRESENTATION OF THE NA19 TIONAL INSTITUTE FOR OCCUPATIONAL

20 SAFETY AND HEALTH.—The General 

21 Counsel of the Department of Health and 

22 Human Services shall, in consultation with 

23 the Solicitor of Labor, represent the Na24 tional Institute for Occupational Safety 

25 and Health in any proceeding under this 

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1 section, which costs shall be payable from 

2 the fund. 

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

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

5 Black Lung Benefits Improvement Act of 2014, the Sec6 retary of Health and Human Services shall issue protocols 

7 and promulgate interim final rules, as necessary, to com8 mence the implementation of this section. 

9 ‘‘(i) REPORT TO CONGRESS.— 

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

11 after the completion of the pilot program under this 

12 section, the Director shall, in consultation with the 

13 Secretary of Labor, prepare and submit a report to 

14 the Committee on Health, Education, Labor, and 

15 Pensions of the Senate and the Committee on Edu16 cation and the Workforce of the House of Rep17 resentatives that includes the information in para18 graph (2). 

19 ‘‘(2) CONTENTS.—The report under this sub20 section shall include— 

21 ‘‘(A) the number of B Reader Panels es22 tablished under this section; 

23 ‘‘(B) the number of B Readers partici24 pating in the pilot program under this section; 

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1 ‘‘(C) the effectiveness of the quality assur2 ance program under subsection (b)(4); 

3 ‘‘(D) the accuracy of the ILO classifica4 tions conducted by B Readers under this sec5 tion; 

6 ‘‘(E) challenges in the administration and 

7 implementation of such pilot program; 

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

9 program; 

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

11 the claims adjudication process; 

12 ‘‘(H) a recommendation on whether the 

13 pilot program under this section should extend 

14 beyond the one-year duration under subsection 

15 (b)(1)(B); and 

16 ‘‘(I) recommendations for any necessary 

17 modifications to such pilot program, if the Di18 rector recommends such an extension.’’. 

19 SEC. 110. MEDICAL EVIDENCE TRAINING PROGRAM. 

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

21 931 et seq.), as amended by sections 108 and 109, is fur22 ther amended by adding at the end the following: 

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

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

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1 ment Act of 2014, the Secretary, in coordination with the 

2 National Institute for Occupational Safety and Health, 

3 shall establish and implement a training program, to pro4 vide education on issues relating to medical evidence rel5 evant to claims for benefits under this title, to each of 

6 the following individuals who engage in work under this 

7 title: 

8 ‘‘(1) District directors. 

9 ‘‘(2) Claims examiners working under such di10 rectors. 

11 ‘‘(3) Administrative law judges and attorney 

12 advisors supporting such judges. 

13 ‘‘(4) Members of the Benefits Review Board es14 tablished under section 21(b) of the Longshore and 

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

16 921(b)). 

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

18 program under this section shall provide an overview of 

19 topics that include— 

20 ‘‘(1) new developments in pulmonary medicine 

21 relating to pneumoconiosis; 

22 ‘‘(2) medical evidence, and other relevant evi23 dence, sufficient to support a claim for benefits 

24 under this title; and 

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1 ‘‘(3) weighing conflicting medical evidence and 

2 testimony concerning eligibility for such benefits. 

3 ‘‘(c) TIMING OF TRAINING.— 

4 ‘‘(1) INDIVIDUALS HIRED OR APPOINTED PRIOR

5 TO THE BLACK LUNG BENEFITS IMPROVEMENT ACT

6 OF 2014.—Any district director, claims examiner, ad7 ministrative law judge, attorney advisor supporting 

8 such judge, or member of the Benefits Review Board 

9 described in subsection (a)(4), who was hired or ap10 pointed prior to the date of enactment of the Black 

11 Lung Benefits Improvement Act of 2014 shall com12 plete the training program under this section not 

13 later than 60 days after the establishment of such 

14 program under subsection (a) and not less than an15 nually thereafter. 

16 ‘‘(2) INDIVIDUALS HIRED OR APPOINTED AFTER

17 THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF

18 2014.—Any district director, claims examiner, admin19 istrative law judge, attorney advisor supporting such 

20 judge, or member of the Benefits Review Board de21 scribed in subsection (a)(4), who is not described in 

22 paragraph (1) shall complete the training program 

23 under this section prior to engaging in any work 

24 under this title and not less than annually there25 after.’’. 

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1 SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) BLACK LUNG BENEFITS ACT.—The Black Lung 

3 Benefits Act (30 U.S.C. 901 et seq.) is amended— 

4 (1) in section 401(a) (30 U.S.C. 901(a)), by in5 serting ‘‘or who were found to be totally disabled by 

6 such disease’’ after ‘‘such disease’’; 

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

8 (A) in subsection (a), by striking para9 graph (2) and inserting the following: 

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

11 household as the miner, or is receiving regular con12 tributions from the miner for support, or whose 

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

14 to contribute to support, or who meets the require15 ments of paragraph (1) or (2) of section 216(b) of 

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

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

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

19 married to the miner under the laws of the State 

20 where the marriage was celebrated. The term 

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

22 husband’, as such terms are defined in paragraph 

23 (1) or (4) of section 216(d) of such Act, who is re24 ceiving at least one-half of his or her support, as de25 termined in accordance with regulations prescribed 

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

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1 substantial contributions from the miner (pursuant 

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

3 order for substantial contributions to the spouse’s 

4 support from such miner.’’; 

5 (B) by striking subsection (e) and insert6 ing the following: 

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

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

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

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

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

12 (E) of section 216(c)(1) of the Social Security Act, sub13 paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 

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

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

16 when validly married at the time of the miner’s death 

17 under the laws of the State where the marriage was cele18 brated. Such term also includes a ‘surviving divorced wife’ 

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

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

21 for the month preceding the month in which the miner 

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

23 as determined in accordance with regulations prescribed 

24 by the Secretary, from the miner, or was receiving sub25 stantial contributions from the miner (pursuant to a writmstockstill on DSK5SPTVN1PROD with BILLS

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1 ten agreement) or there was in effect a court order for 

2 substantial contributions to the spouse’s support from the 

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

4 (C) in subsection (g)— 

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

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

7 ceased’’; and 

8 (ii) in the matter following paragraph 

9 (2)(C), by striking ‘‘widow’’ each place the 

10 term appears and inserting ‘‘surviving 

11 spouse’’; 

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

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

14 Revenue Code of 1986’’; and 

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

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

17 Revenue Code of 1986’’; 

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

19 (A) by striking subsection (a) and insert20 ing the following: ‘‘(a) The Secretary shall, in 

21 accordance with the provisions of this title, and 

22 the regulations promulgated by the Secretary 

23 under this title, make payments of benefits in 

24 respect of— 

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1 ‘‘(1) total disability of any miner due to pneu2 moconiosis; 

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

4 due to pneumoconiosis; 

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

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

7 part C prior to January 1, 1982; 

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

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

10 23, 2010, where the miner is found entitled to re11 ceive benefits at the time of the miner’s death as a 

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

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

14 found entitled to receive benefits at the time of the 

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

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

17 (B) in subsection (c)— 

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

19 pneumoconiosis’’ and inserting ‘‘the min20 er’s pneumoconiosis’’; and 

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

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

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

24 (A) in subsection (a)— 

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1 (i) by striking paragraph (2) and in2 serting the following: 

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

4 ‘‘(A) of a miner whose death is due to pneumo5 coniosis; 

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

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

8 a miner who is found entitled to receive benefits at 

9 the time of the miner’s death as a result of the min10 er’s claim filed under part C; 

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

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

13 of the miner’s claim filed under part C before Janu14 ary 1, 1982; or 

15 ‘‘(D) in a claim filed under part C before Janu16 ary 1, 1982, of a miner who was totally disabled by 

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

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

19 the rate the deceased miner would receive such benefits 

20 if the miner were totally disabled.’’; 

21 (ii) in paragraph (3)— 

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

23 and all that follows through ‘‘section 

24 411(c)’’ and inserting the following: 

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

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1 children of a miner described in sub2 paragraph (B)’’; 

3 (II) by striking ‘‘he’’ each place 

4 the term appears and inserting ‘‘the 

5 child’’; 

6 (III) by striking ‘‘widow’’ each 

7 place the term appears and inserting 

8 ‘‘surviving spouse’’; and 

9 (IV) by adding at the end the fol10 lowing: 

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

12 child or children— 

13 ‘‘(i) of a miner whose death is due to pneumo14 coniosis; 

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

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

17 miner who is found entitled to receive benefits at the 

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

19 claim filed under part C; 

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

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

22 of the miner’s claim filed under part C before Janu23 ary 1, 1982; 

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1 ‘‘(iv) in a claim filed under part C before Janu2 ary 1, 1982, of a miner who was totally disabled by 

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

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

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

6 surviving spouse’s death; or 

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

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

9 (iii) in paragraph (5)— 

10 (I) by striking the first sentence 

11 and inserting the following: ‘‘In the 

12 case of the dependent parent or par13 ents of a miner who is not survived at 

14 the time of death by a surviving 

15 spouse or a child and (i) whose death 

16 is due to pneumoconiosis, (ii) in a 

17 claim filed after January 1, 2005, 

18 that is pending on or after March 23, 

19 2010, who is found entitled to receive 

20 benefits at the time of the miner’s 

21 death as a result of the miner’s claim 

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

23 entitled to receive benefits at the time 

24 of death as a result of the miner’s 

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1 ary 1, 1982, or (iv) in a claim filed 

2 under part C before January 1, 1982, 

3 who was totally disabled by pneumo4 coniosis at the time of the miner’s 

5 death, in the case of the dependent 

6 surviving brother(s) or sister(s) of 

7 such a miner who is not survived at 

8 the time of the miner’s death by a 

9 surviving spouse, child, or parent, in 

10 the case of the dependent parent or 

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

13 by a surviving spouse or child) who 

14 are entitled to the payment of benefits 

15 under paragraph (5) of section 

16 411(c), or in the case of the depend17 ent surviving brother(s) or sister(s) of 

18 a miner (who is not survived at the 

19 time of the miner’s death by a sur20 viving spouse, child, or parent) who 

21 are entitled to the payment of benefits 

22 under paragraph (5) of section 

23 411(c), benefits shall be paid under 

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

25 brother(s), or sister(s), at the rate 

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1 specified in paragraph (3) (as if such 

2 parent(s) or such brother(s) or sis3 ter(s), were the children of such 

4 miner).’’; and 

5 (II) in the fourth sentence— 

6 (aa) by striking ‘‘brother 

7 only if he’’ and inserting ‘‘broth8 er or sister only if the brother or 

9 sister’’; and 

10 (bb) by striking ‘‘before he 

11 ceased’’ and inserting ‘‘before the 

12 brother or sister ceased’’; and 

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

14 ‘‘prescribed by him’’ and inserting ‘‘pre15 scribed by such Secretary’’; 

16 (B) in subsection (b)— 

17 (i) by striking ‘‘his’’ each place the 

18 term appears and inserting ‘‘such min19 er’s’’; and 

20 (ii) by striking ‘‘widow’’ each place 

21 the term appears and inserting ‘‘surviving 

22 spouse’’; and 

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

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

25 Revenue Code of 1986’’; 

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

2 (A) in subsection (b)— 

3 (i) in the second sentence, by striking 

4 ‘‘his wife’s affidavits’’ and inserting ‘‘affi5 davits of the miner’s spouse’’; 

6 (ii) in the ninth sentence, by striking 

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

8 and 

9 (iii) by striking the last sentence; and 

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

11 claim’’ and inserting ‘‘the claim’’; 

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

13 (A) in subsection (a)— 

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

15 ‘‘widow, within six months after the death 

16 of her husband’’ and inserting ‘‘surviving 

17 spouse, within six months after the death 

18 of the miner’’; and 

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

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

21 (B) in subsection (e)— 

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

23 ‘‘surviving spouse’’; and 

24 (ii) by striking ‘‘his death’’ and insert25 ing ‘‘the miner’s death’’; 

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

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

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

4 Revenue Code of 1986’’; and 

5 (B) in paragraph (2)— 

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

7 ‘‘such Secretary’’; and 

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

9 ‘‘such Secretary’’; 

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

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

12 and inserting ‘‘spouses’’; and 

13 (B) in subsection (b)(2)— 

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘he’’ and inserting 

16 ‘‘such Secretary’’; and 

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

18 ‘‘promulgated by him’’ and inserting ‘‘pro19 mulgated by such Secretary’’; 

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

21 (A) in subsection (a)— 

22 (i) by striking ‘‘Internal Revenue 

23 Code of 1954’’ and inserting ‘‘Internal 

24 Revenue Code of 1986’’; and 

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

2 ‘‘such Secretary’’; 

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

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

7 Revenue Code of 1954’’ each place the term ap8 pears and inserting ‘‘Internal Revenue Code of 

9 1986’’; 

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

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

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

13 (A) in the matter following subparagraph 

14 (B) of paragraph (1), by striking ‘‘him’’ and in15 serting ‘‘such operator’’; 

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

17 Revenue Code of 1954’’ each place the term ap18 pears and inserting ‘‘Internal Revenue Code of 

19 1986’’; and 

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

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

22 Revenue Code of 1986’’; 

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

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

25 and inserting ‘‘such operator’’; and 

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1 (B) in subsection (b)— 

2 (i) in the first sentence, by striking 

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

4 (ii) in the third sentence, by striking 

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

6 (iii) in the ninth sentence— 

7 (I) by striking ‘‘he’’ each place 

8 the term appears and inserting ‘‘the 

9 Secretary’’; and 

10 (II) by striking ‘‘his’’ and insert11 ing ‘‘the miner’s’’; and 

12 (iv) in the tenth sentence, by striking 

13 ‘‘he’’ each place the term appears and in14 serting ‘‘the Secretary’’; and 

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

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

17 ‘‘1977,’’; and 

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

19 ‘‘1981, and the Black Lung Benefits Improve20 ment Act of 2014, and any amendments made 

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

22 (b) INTERNAL REVENUE CODE.—Section 9501(b)(2) 

23 of the Internal Revenue Code of 1986 is amended by add24 ing at the end the following: 

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1 ‘‘(D) Amounts collected as fees under sec2 tion 436(g)(2)(A) of the Black Lung Benefits 

3 Act.’’. 

4 SEC. 112. READJUDICATING CASES INVOLVING CERTAIN 

5 CHEST RADIOGRAPHS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COMPLICATED PNEUMOCONIOSIS OR PRO8 GRESSIVE MASSIVE FIBROSIS.—The term ‘‘com9 plicated pneumoconiosis or progressive massive fi10 brosis’’ means pneumoconiosis that has formed an 

11 opacity, mass, or lesion greater than one centimeter 

12 in diameter. 

13 (2) COVERED CHEST RADIOGRAPH.—The term 

14 ‘‘covered chest radiograph’’ means a chest 

15 radiograph that was interpreted as negative for 

16 pneumoconiosis or complicated pneumoconiosis or 

17 progressive massive fibrosis by a physician with re18 spect to whom the Secretary of Labor has directed, 

19 in writing and after an evaluation by such Secretary, 

20 that such physician’s negative interpretations of 

21 chest radiographs not be credited, unless otherwise 

22 determined credible by such Secretary, in evaluating 

23 a claim for benefits under the Black Lung Benefits 

24 Act (30 U.S.C. 901 et seq.). 

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1 (3) COVERED INDIVIDUAL.—The term ‘‘covered 

2 individual’’ means an individual whose record for a 

3 claim for benefits under the Black Lung Benefits 

4 Act includes a covered chest radiograph. 

5 (4) COVERED SURVIVOR.—The term ‘‘covered 

6 survivor’’ means an individual who— 

7 (A) is a survivor of a covered individual 

8 whose claim under the Black Lung Benefits Act 

9 was still pending at the time of the covered in10 dividual’s death; and 

11 (B) who continued to seek an award with 

12 respect to the covered individual’s claim after 

13 the covered individual’s death. 

14 (5) PNEUMOCONIOSIS.—The term ‘‘pneumo15 coniosis’’ has the meaning given the term in section 

16 402(b) of the Black Lung Benefits Act (30 U.S.C. 

17 902(b)). 

18 (b) CLAIMS.—A covered individual or a covered sur19 vivor whose claim for benefits under the Black Lung Bene20 fits Act was denied prior to the enactment of this Act may 

21 file a new claim for benefits under this Act not later than 

22 one year after the date of enactment of this Act. 

23 (c) ADJUDICATION ON THE MERITS.— 

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

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

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1 shall not include consideration of a covered chest 

2 radiograph. 

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

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

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

6 depending upon the type of claim pending at the 

7 time of the covered individual’s death. 

8 (d) TIME OF PAYMENT.— 

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

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

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

12 benefits shall be payable beginning with the month 

13 of the filing of the denied claim that had included 

14 in its record a covered chest radiograph. 

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

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

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

18 benefits shall be payable beginning with the month 

19 of the miner’s death. 

20 (e) CONTRIBUTING IMPACT.—The Secretary of Labor 

21 shall have the discretion to deny a new claim under sub22 section (b) in circumstances where the party opposing 

23 such claim establishes through clear and convincing evi24 dence that a covered chest radiograph did not contribute 

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1 to the decision to deny benefits in all prior claims filed 

2 by the covered individual or the covered survivor. 

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

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

5 if the original claim was finally denied by a district direc6 tor, an administrative law judge, or the Benefits Review 

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

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

9 921(b)). 

10 PART B—REPORTS TO IMPROVE THE ADMINIS11 TRATION OF BENEFITS UNDER THE BLACK 

12 LUNG BENEFITS ACT 

13 SEC. 113. STRATEGY TO REDUCE DELAYS IN ADJUDICA14 TION. 

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

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

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

18 and Pensions and the Committee on Appropriations of the 

19 Senate and the Committee on Education and the Work20 force and the Committee on Appropriations of the House 

21 of Representatives a comprehensive strategy to reduce the 

22 backlog of cases pending on such date of enactment before 

23 the Office of Administrative Law Judges of the Depart24 ment of Labor. 

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

2 this section shall provide information relating to— 

3 (1) the current and targeted pendency for each 

4 category of cases before the Office of Administrative 

5 Law Judges of the Department of Labor; 

6 (2) the number of administrative law judges, 

7 attorney advisors supporting such judges, support 

8 staff, and other resources necessary to achieve and 

9 maintain the targeted pendency for each category of 

10 such cases; 

11 (3) the necessary resources to improve effi12 ciency and effectiveness, such as equipment for video 

13 conferences, training, use of reemployed annuitants, 

14 and administrative reforms; 

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

16 the Federal Government shutdown, which occurred 

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

18 administrative burdens and the backlog of cases 

19 pending before such office; and 

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

21 Lung Benefits Act (30 U.S.C. 901 et seq.), the nec22 essary resources needed to reduce the average pend23 ency of cases to less than 12 months from the date 

24 of receipt of the case to the date of disposition of 

25 such case. 

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

2 Secretary of Labor shall consult with organizations that 

3 have ongoing interactions with the Office of Administra4 tive Law Judges of the Department of Labor, including 

5 organizations that represent parties in cases under the 

6 Black Lung Benefits Act, the Longshore and Harbor 

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

8 Federal statutes regarding whistleblowers, wages and 

9 hours for employees, and immigration. 

10 SEC. 114. GAO REPORT ON BLACK LUNG DISEASE. 

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

12 date of enactment of this Act, the Comptroller General 

13 of the United States shall submit to the Committee on 

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

15 the Committee on Education and the Workforce of the 

16 House of Representatives a report on any barriers to 

17 health care faced by coal miners with pneumoconiosis. 

18 (b) CONTENTS.—The report required under sub19 section (a) shall include— 

20 (1) an assessment of possible barriers to health 

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

22 901 et seq.) and the degree to which any barriers 

23 impact the ability of miners with legitimate medical 

24 needs, particularly such miners in rural areas, to ac25 cess treatment for pneumoconiosis; 

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1 (2) recommendations necessary to address 

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

3 under such Act; and 

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

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

8 other family members entitled to receive benefits 

9 under the Black Lung Benefits Act. 

10 TITLE II—STANDARD FOR RES11 PIRABLE DUST CONCENTRA12 TION 

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

15 Section 202 of the Federal Mine Safety and Health 

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

17 the end the following: 

18 ‘‘(i) REPORTS.— 

19 ‘‘(1) RETROSPECTIVE STUDY.— 

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

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

23 continuous personal dust monitors to determine 

24 whether to— 

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1 ‘‘(i) lower the applicable standard for 

2 respirable dust concentration to protect the 

3 health of miners; 

4 ‘‘(ii) increase the frequency for taking 

5 samples of respirable dust concentration, 

6 using continuous personal dust monitors; 

7 ‘‘(iii) modify the engineering controls 

8 and work practices used by mine operators 

9 to comply with the applicable standard for 

10 respirable dust concentration; and 

11 ‘‘(iv) convert samples taken for shifts 

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

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

15 working on longer shifts. 

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

18 study required by subparagraph (A) and report 

19 the findings of such study to the Committee on 

20 Health, Education, Labor, and Pensions of the 

21 Senate and the Committee on Education and 

22 the Workforce of the House of Representatives. 

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

24 2025, and every 3 years thereafter, the Secretary 

25 shall conduct a new study as described in paragraph 

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

2 the commencement of the study, the findings of such 

3 study to the Committee on Health, Education, 

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

6 House of Representatives. 

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

8 the Secretary under this subsection concludes that 

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

11 miners, or that the incidence of pneumoconiosis 

12 among coal miners in the United States, as reported 

13 by the National Institute for Occupational Safety 

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

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

19 revise such standard and any applicable sampling or 

20 testing procedures not later than 24 months after 

21 the publication of such report of the Secretary under 

22 this subsection.’’. 

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1 TITLE III—ESTABLISHING THE 

2 OFFICE OF WORKERS’ COM3 PENSATION PROGRAMS 

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

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

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

10 (b) DIRECTOR.— 

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

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

14 who shall be appointed by the President, by and 

15 with the advice and consent of the Senate. 

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

17 duties carried out by the Director for the Office of 

18 Workers’ Compensation as of the day before the 

19 date of enactment of this Act. 

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

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

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

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

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

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

9 TITLE IV—SEVERABILITY 

10 SEC. 401. SEVERABILITY. 

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

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

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

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

Æ 

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