I 
118TH CONGRESS 
1ST SESSION H. R. 6461 
To ensure that claims for benefits under the Black Lung Benefits Act are 
processed in a fair and timely manner, to better protect miners from 
pneumoconiosis (commonly known as ‘‘black lung disease’’), and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2023 
Mr. CARTWRIGHT (for himself, Mr. SCOTT of Virginia, and Ms. ADAMS) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committee on Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To ensure that claims for benefits under the Black Lung 
Benefits Act are processed in a fair and timely manner, 
to better protect miners from pneumoconiosis (commonly 
known as ‘‘black lung disease’’), and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Black Lung Benefits 
Improvement Act of 2023’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Findings. 
TITLE I—BLACK LUNG BENEFITS 
PART A—IMPROVING THE PROCESS FOR FILING AND ADJUDICATING 
CLAIMS FOR BENEFITS 
Sec. 101. Providing assistance with claims for miners and their dependent fam-
ily 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. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) The Black Lung Benefits Act (30 U.S.C. 
901 et seq.) was enacted to provide health care and 
modest benefits to coal miners who develop pneumo-
coniosis (referred to in this section as ‘‘black lung 
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disease’’) resulting from exposure to coal dust dur-
ing their employment. Yet, the determination of a 
claimant’s eligibility for these benefits often requires 
complex, adversarial litigation. Resource disparities 
between coal companies and such claimants are 
widespread within the statutory and regulatory 
framework. Comprehensive reforms are necessary to 
ensure that coal miners and their survivors can get 
access to the workers compensation benefits they are 
entitled to receive and are not at a disadvantage 
when filing claims for benefits. 
(2) The Government Accountability Office has 
found that many claimants under the Black Lung 
Benefits Act are not equipped with the medical and 
legal resources necessary to develop evidence to meet 
the requirements for benefits. Without better options 
for legal representation, significant numbers of such 
claimants proceed with their claims through a com-
plex and potentially long administrative process 
without resources that Department of Labor officials 
and black lung disease experts note are important 
for developing evidence and supporting their claims. 
Only 42 percent of claimants are represented by an 
attorney during the initial claims determination. Ab-
sent efforts to remedy administrative problems and 
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address structural weaknesses in the process for ob-
taining benefits, claimants with meritorious claims 
will not receive benefits. Reforms are necessary to 
help miners and their survivors access legal rep-
resentation. 
(3) Contrary to the intent of Congress, benefits 
payments under the Black Lung Benefits Act do not 
automatically increase with the rising cost of living. 
Benefit payments are tied to the monthly pay rate 
for Federal employees in grade GS–2, step 1. In 
multiple fiscal years between 2010 and the enact-
ment of this Act, there was a pay freeze for Federal 
employees, which had the effect of eliminating cost- 
of-living adjustments for miners, surviving spouses, 
and dependents under the Black Lung Benefits Act 
during such years. Reforms are needed to ensure 
that benefits are not eroded due to inflation and are 
brought up to date to keep up with the cost of liv-
ing. 
(4) Congress intended for coal companies to 
have primary responsibility for benefits due to black 
lung disease acquired by their workers. However, be-
cause many companies have self-insured their obliga-
tions without proper collateral available and subse-
quently defaulted on those obligations, too many 
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former workers have had to rely on the public Black 
Lung Disability Trust Fund as a backstop. Reforms 
are needed to ensure that companies are prepared to 
meet their primary responsibilities and that their 
plans for self-insurance are fiscally sound. 
(5) Black lung disease has been the underlying 
or contributing cause of death of more than 78,000 
miners since 1968. After decades of decline, the inci-
dence of coal miners with black lung disease is on 
the rise, recently reaching levels not seen in 25 
years. According to the National Institute for Occu-
pational Safety and Health, miners are developing 
advanced cases of the disease at younger ages. In re-
sponse, the Department of Labor took important 
steps to combat the disease, including promulgating 
a rule in 2014 that reduced the allowed concentra-
tion of coal dust and addressed weaknesses in the 
dust sampling system. Retrospective studies should 
be continued to determine whether revisions to the 
standards are necessary to eliminate the disease. 
The Mine Safety and Health Administration of the 
Department of Labor has made clear its intent to 
issue rules around respirable crystalline silica. In the 
interim, the Mine Safety and Health Administration 
launched an enforcement initiative to protect miners 
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from the health hazards of respirable crystalline sili-
ca. Under this initiative, the Mine Safety and Health 
Administration will conduct inspections on silica 
hazards and expand silica sampling at mines. The 
Mine Safety and Health Administration will also 
provide mine operators with compliance assistance 
and best practices to limit miners’ exposure to harm-
ful silica dust. 
TITLE I—BLACK LUNG BENEFITS 
PART A—IMPROVING THE PROCESS FOR FILING 
AND ADJUDICATING CLAIMS FOR BENEFITS 
SEC. 101. PROVIDING ASSISTANCE WITH CLAIMS FOR MIN-
ERS AND THEIR DEPENDENT FAMILY MEM-
BERS. 
Section 427(a) of the Black Lung Benefits Act (30 
U.S.C. 937(a)) is amended by striking ‘‘the analysis, ex-
amination, and treatment’’ and all that follows through 
‘‘coal miners.’’ and inserting ‘‘the analysis, examination, 
and treatment of respiratory and pulmonary impairments 
in active and inactive coal miners and for assistance on 
behalf of miners, spouses, dependents, and other family 
members with claims arising under this title.’’ 
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SEC. 102. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN-
EFITS. 
Section 411(c) of the Black Lung Benefits Act (30 
U.S.C. 921(c)) is amended by striking paragraph (3) and 
inserting the following: 
‘‘(3)(A) If x-ray, CT scan, biopsy, autopsy, or 
other medically accepted and relevant test or proce-
dure establishes that a miner is suffering or has suf-
fered from a chronic dust disease of the lung, diag-
nosed as complicated pneumoconiosis or progressive 
massive fibrosis (as determined in accordance with 
subparagraph 
(B)), 
then 
there 
shall 
be 
an 
irrebuttable presumption that such miner is totally 
disabled due to pneumoconiosis, that the miner’s 
death was due to pneumoconiosis, or that at the 
time of death the miner was totally disabled by 
pneumoconiosis, as the case may be. 
‘‘(B) For purposes of subparagraph (A), complicated 
pneumoconiosis or progressive massive fibrosis can be es-
tablished by any of the following: 
‘‘(i) A chest radiograph, which yields one or more 
large opacities whose greatest diameter exceeds 1 centi-
meter and would be classified in Category A, B, or C in 
the International Classification of Radiographs of 
Pneumoconioses by the International Labour Organiza-
tion, in the absence of more probative evidence sufficient 
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to establish that the etiology of the large opacity is not 
pneumoconiosis. 
‘‘(ii) A chest CT scan, which yields one or more large 
opacities whose greatest diameter exceeds 1 centimeter, in 
the absence of more probative evidence sufficient to estab-
lish that the etiology of the large opacity is not pneumo-
coniosis. 
‘‘(iii) A lung biopsy or autopsy, which would yield a 
lesion at least 1 centimeter in its long axis diameter if 
measured at the time of gross dissection. 
‘‘(iv) A diagnosis by other means that would reason-
ably be expected to yield results described in clause (i), 
(ii), or (iii).’’. 
SEC. 103. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 
SECRETARY. 
Part C of the Black Lung Benefits Act (30 U.S.C. 
931 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 435. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 
SECRETARY. 
‘‘(a) COMPLETE PULMONARY EVALUATION.—Upon 
request by a claimant for benefits under this title, the Sec-
retary shall provide the claimant an opportunity to sub-
stantiate the claim through a complete pulmonary evalua-
tion of the miner that shall include— 
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‘‘(1) an initial report, conducted by a qualified 
physician on the list provided under subsection (e), 
and in accordance with subsection (e)(5) and sec-
tions 402(f)(1)(D) and 413(b); and 
‘‘(2) if the conditions under subsection (c) are 
met, any supplemental medical evidence described in 
subsection (d). 
‘‘(b) AUTHORIZING CHEST SCANS.—In diagnosing 
whether there is complicated pneumoconiosis as a part of 
the complete pulmonary evaluation conducted under sub-
section (a), the Secretary shall authorize a high-quality, 
low-dose or standard computerized tomography scan 
where any or a combination of the following is found: 
‘‘(1) Any certified B reader of a chest 
radiograph associated with an exam conducted under 
section 413(b) finds pneumoconiosis (ILO category 
2/1 or greater). 
‘‘(2) Any certified B reader of a chest 
radiograph associated with an exam conducted under 
section 413(b) finds a coalescence of small opacities. 
‘‘(c) CONDITIONS
FOR SUPPLEMENTAL MEDICAL 
EVIDENCE.—The Secretary shall develop supplemental 
medical evidence, in accordance with subsection (d)— 
‘‘(1) for any claim in which the Secretary rec-
ommends an award of benefits based on the results 
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of the initial report under subsection (a)(1) and a 
party opposing such award submits evidence that 
could be considered contrary to the findings of the 
Secretary; and 
‘‘(2) for any compensation case under this title 
heard by an administrative law judge, in which— 
‘‘(A) the Secretary has awarded benefits to 
the claimant; 
‘‘(B) the party opposing such award has 
submitted evidence not previously reviewed that 
could be considered contrary to the award 
under subparagraph (A); and 
‘‘(C) the claimant or, if the claimant is 
represented by an attorney, the claimant’s at-
torney consents to the Secretary developing 
supplemental medical evidence. 
‘‘(d) PROCESS FOR SUPPLEMENTAL MEDICAL EVI-
DENCE.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), to develop supplemental medical evi-
dence under conditions described in subsection (c), 
the Secretary shall request the physician who con-
ducted the initial report under subsection (a)(1) 
to— 
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‘‘(A) review any medical evidence sub-
mitted after such report or the most recent sup-
plemental report, as appropriate; and 
‘‘(B) update his or her opinion in a supple-
mental report. 
‘‘(2) ALTERNATIVE PHYSICIAN.—If such physi-
cian is no longer available or is unwilling to provide 
supplemental medical evidence under paragraph (1), 
the Secretary shall select another qualified physician 
from the list provided pursuant to subsection (e) to 
provide such evidence. 
‘‘(e) QUALIFIED PHYSICIANS FOR COMPLETE PUL-
MONARY EVALUATION
AND PROTECTIONS
FOR SUIT-
ABILITY AND POTENTIAL CONFLICTS OF INTEREST.— 
‘‘(1) QUALIFIED PHYSICIANS LIST.—The Sec-
retary shall create and maintain a list of qualified 
physicians to be selected by a claimant to perform 
the complete pulmonary evaluation described in sub-
section (a). 
‘‘(2) PUBLIC
AVAILABILITY.—The Secretary 
shall make the list under this subsection available to 
the public. 
‘‘(3) ANNUAL
EVALUATION.—Each year, the 
Secretary shall update such list by reviewing the 
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suitability of the listed qualified physicians and as-
sessing any potential conflicts of interest. 
‘‘(4) CRITERIA
FOR
SUITABILITY.—The Sec-
retary shall include on the list under this subsection 
only those physicians whom the Secretary deter-
mines are qualified, capable, and willing to provide 
credible opinions consistent with the premises under-
lying this Act. In determining whether a physician 
is suitable to be on such list, the Secretary shall con-
sult the National Practitioner Data Bank of the De-
partment of Health and Human Services and assess 
reports of adverse licensure, certifications, hospital 
privilege, and professional society actions involving 
the physician. In no case shall such list include any 
physician— 
‘‘(A) who is not licensed to practice medi-
cine in any State or any territory, common-
wealth, or possession of the United States; 
‘‘(B) whose license is revoked by a medical 
licensing board of any State, territory, common-
wealth, or possession of the United States; or 
‘‘(C) whose license is suspended by a med-
ical licensing board of any State, territory, com-
monwealth, or possession of the United States. 
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‘‘(5) CONFLICTS OF INTEREST.—The Secretary 
shall develop and implement policies and procedures 
to ensure that any actual or potential conflict of in-
terest of qualified physicians on the list under this 
subsection, including both individual and organiza-
tional conflicts of interest, are disclosed to the De-
partment, and to provide such disclosure to claim-
ants. Such policies and procedures shall provide that 
a physician shall not be used to perform a complete 
pulmonary medical evaluation under subsection (a) 
that is reimbursed pursuant to subsection (g), if— 
‘‘(A) such physician is employed by, under 
contract to, or otherwise providing services to a 
private party opposing the claim, a law firm or 
lawyer representing such opposing party, or an 
interested insurer or other interested third 
party; or 
‘‘(B) such physician has been retained by 
a private party opposing the claim, a law firm 
or lawyer representing such opposing party, or 
an interested insurer or other interested third 
party in the previous 24 months. 
‘‘(f) RECORD.—Upon receipt of any initial report or 
supplemental report under this section, the Secretary shall 
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enter the report in the record and provide a copy of such 
report to all parties to the proceeding. 
‘‘(g) EXPENSES.—All expenses related to obtaining 
the medical evidence under this section shall be paid for 
by the fund. If a claimant receives a final award of bene-
fits, the operator liable for payment of benefits, if any, 
shall reimburse the fund for such expenses, which shall 
include interest.’’. 
SEC. 104. FALSE STATEMENTS OR MISREPRESENTATIONS, 
ATTORNEY 
DISQUALIFICATION, 
AND 
DIS-
COVERY SANCTIONS. 
Section 431 of the Black Lung Benefits Act (30 
U.S.C. 941) is amended to read as follows: 
‘‘SEC. 431. FALSE STATEMENTS OR MISREPRESENTATIONS, 
ATTORNEY 
DISQUALIFICATION, 
AND 
DIS-
COVERY SANCTIONS. 
‘‘(a) IN GENERAL.—No person, including any claim-
ant, physician, operator, duly authorized agent of such op-
erator, or employee of an insurance carrier, shall— 
‘‘(1) knowingly and willfully make a false state-
ment or misrepresentation for the purpose of obtain-
ing, increasing, reducing, denying, or terminating 
benefits under this title; or 
‘‘(2) knowingly and willfully threaten, coerce, 
intimidate, deceive, or mislead a party, representa-
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tive, witness, potential witness, judge, or anyone par-
ticipating in a proceeding regarding any matter re-
lated to a proceeding under this title. 
‘‘(b) FINE; IMPRISONMENT.—Any person who en-
gages in the conduct described in subsection (a) shall, 
upon conviction, be subject to a fine in accordance with 
title 18, United States Code, imprisoned for not more than 
5 years, or both. 
‘‘(c) PROMPT INVESTIGATION.—The United States 
Attorney for the district in which the conduct described 
in subsection (a) is alleged to have occurred shall make 
every reasonable effort to promptly investigate each com-
plaint of a violation of such subsection. 
‘‘(d) DISQUALIFICATION.— 
‘‘(1) IN GENERAL.—An attorney or expert wit-
ness who engages in the conduct described in sub-
section (a) shall, in addition to the fine or imprison-
ment provided under subsection (b), be permanently 
disqualified from representing any party, or appear-
ing in any proceeding, under this title. 
‘‘(2) ATTORNEY DISQUALIFICATION.—In addi-
tion to the disqualification described in paragraph 
(1), the Secretary may disqualify an attorney from 
representing any party in any administrative pro-
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ceeding under this title for either a limited term or 
permanently, if the attorney— 
‘‘(A) engages in any action or behavior 
that is prejudicial to the fair and orderly con-
duct of such proceeding; or 
‘‘(B) is suspended or disbarred by any 
court of the United States, any State, or any 
territory, commonwealth, or possession of the 
United States with jurisdiction over the pro-
ceeding. 
‘‘(e) DISCOVERY SANCTIONS.—An administrative law 
judge may sanction a party who fails to comply with an 
order to compel discovery or disclosure, or to supplement 
earlier responses, in a proceeding under this title. These 
sanctions may include, as appropriate— 
‘‘(1) drawing an adverse inference against the 
noncomplying party on the facts relevant to the dis-
covery or disclosure order; 
‘‘(2) limiting the noncomplying party’s claims, 
defenses, or right to introduce evidence; and 
‘‘(3) rendering a default decision against the 
noncomplying party. 
‘‘(f) REGULATIONS.—The Secretary shall promulgate 
a proposed rule not later than 180 days after the date 
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of enactment of this Act and a final rule not later than 
18 months after such date of enactment, that— 
‘‘(1) provides procedures for the disqualifica-
tions and sanctions under this section and is appro-
priate for all parties; and 
‘‘(2) distinguishes between parties that are rep-
resented by an attorney and parties that are not 
represented by an attorney.’’. 
SEC. 105. READJUDICATING CASES INVOLVING CERTAIN 
CHEST RADIOGRAPHS. 
Part C of the Black Lung Benefits Act (30 U.S.C. 
931 et seq.), as amended by section 103, is further amend-
ed by adding at the end the following: 
‘‘SEC. 436. READJUDICATING CASES INVOLVING DISCRED-
ITED EXPERT OPINIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED CHEST RADIOGRAPH.—The term 
‘covered chest radiograph’ means a chest radiograph 
that was interpreted as negative for simple pneumo-
coniosis, complicated pneumoconiosis, or progressive 
massive fibrosis by a physician with respect to whom 
the Secretary has directed, in writing and after an 
evaluation by the Secretary, that such physician’s 
negative interpretations of chest radiographs not be 
credited, except where subsequently determined to be 
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credible by the Secretary in evaluating a claim for 
benefits under this title. 
‘‘(2) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means an individual whose record 
for a claim for benefits under this title includes a 
covered chest radiograph. 
‘‘(3) COVERED SURVIVOR.—The term ‘covered 
survivor’ means an individual who— 
‘‘(A) is a survivor of a covered individual 
whose claim under this Act was still pending at 
the time of the covered individual’s death; and 
‘‘(B) continued to seek an award with re-
spect to the covered individual’s claim after the 
covered individual’s death. 
‘‘(b) CLAIMS.—A covered individual or a covered sur-
vivor whose claim for benefits under this title was denied 
may file a new claim for benefits under this title. 
‘‘(c) ADJUDICATION ON THE MERITS.— 
‘‘(1) IN GENERAL.—Any new claim filed under 
subsection (b) shall be adjudicated on the merits and 
shall not include consideration of a covered chest 
radiograph. 
‘‘(2) COVERED SURVIVOR.—Any new claim filed 
under subsection (b) by a covered survivor shall be 
adjudicated as either a miner’s or a survivor’s claim 
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depending upon the type of claim pending at the 
time of the covered individual’s death. 
‘‘(d) TIME OF PAYMENT.— 
‘‘(1) MINER’S CLAIM.—If a claim, filed under 
subsection (b) and adjudicated under subsection (c) 
as a miner’s claim, results in an award of benefits, 
benefits shall be payable beginning with the month 
of the filing of the denied claim that had included 
in its record a covered chest radiograph. 
‘‘(2) SURVIVOR’S
CLAIM.—If a claim, filed 
under subsection (b) and adjudicated under sub-
section (c) as a survivor’s claim, results in an award 
of benefits, benefits shall be payable beginning with 
the month of the miner’s death. 
‘‘(e) CONTRIBUTING IMPACT.—The Secretary shall 
have the discretion to deny a new claim under subsection 
(b) in circumstances where the party opposing such claim 
establishes through clear and convincing evidence that a 
covered chest radiograph did not contribute to the decision 
to deny benefits in all prior claims filed by the covered 
individual or the covered survivor. 
‘‘(f) LIMITATION ON FILING OF NEW CLAIMS.—A 
new claim for benefits may be filed under subsection (b) 
only if the original claim was finally denied by a district 
director, an administrative law judge, or the Benefits Re-
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view Board established under section 21(b) of the 
Longshore and Harbor Workers’ Compensation Act (33 
U.S.C. 921(b)).’’. 
SEC. 106. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY-
MENT PROGRAM. 
Part A of the Black Lung Benefits Act (30 U.S.C. 
901 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 403. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY-
MENT PROGRAM. 
‘‘(a) PROGRAM ESTABLISHED.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Black Lung Bene-
fits Improvement Act of 2023, the Secretary shall 
establish a payment program to pay attorneys’ fees 
and other reasonable and unreimbursed medical ex-
penses incurred in establishing the claimant’s case, 
using amounts from the fund, to the attorneys of 
claimants in qualifying claims. 
‘‘(2) QUALIFYING CLAIM.—A qualifying claim 
for purposes of this section is a contested claim for 
benefits under this title for which a final order has 
not been entered within 2 years of the filing of the 
claim. 
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‘‘(3) USE OF PAYMENTS FROM THE FUND.— 
Notwithstanding 
any 
other 
provision 
of 
law, 
amounts in the fund shall be available for payments 
authorized by the Secretary under this section. 
‘‘(b) PAYMENTS AUTHORIZED.— 
‘‘(1) ATTORNEYS’ FEES.—If a claimant for ben-
efits under this title obtains a proposed decision and 
order from a district director with an award of bene-
fits for a qualifying claim, or an award for a quali-
fying claim before an administrative law judge, the 
district director may approve attorneys’ fees for 
work done before such director in an amount not to 
exceed $1,500 and an administrative law judge may 
approve attorneys’ fees for work done before such 
judge in an amount not to exceed $3,000. The Sec-
retary shall, through the program under this section, 
pay such amounts approved. 
‘‘(2) MEDICAL EXPENSES.—If a claimant for 
benefits under this title obtains a proposed decision 
and order from a district director with an award of 
benefits for a qualifying claim, or an award for a 
qualifying claim before an administrative law judge, 
such district director and administrative law judge 
may each approve an award to the claimant’s attor-
ney of reasonable and unreimbursed medical ex-
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penses incurred in establishing the claimant’s case in 
an amount not to exceed $1,500. The Secretary 
shall, through the program under this section, pay 
such amounts approved. 
‘‘(3) MAXIMUM.—The Secretary, through the 
program established under this section, shall for any 
single qualifying claim pay— 
‘‘(A) not more than a total of $4,500 in at-
torneys’ fees; and 
‘‘(B) not more than $3,000 in medical ex-
penses. 
‘‘(c) REIMBURSEMENT OF FUNDS.—In any case in 
which a qualifying claim results in a final order awarding 
compensation, the liable operator shall reimburse the fund 
for any fees or expenses paid under this section, subject 
to enforcement by the Secretary under section 424 and 
in the same manner as compensation orders are enforced 
under section 21(d) of the Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 921(d)). 
‘‘(d) ADDITIONAL PROGRAM RULES.—Nothing in 
this section shall limit or otherwise affect an operator’s 
liability for any attorneys’ fees, medical expenses, or other 
allowable and unreimbursed expenses awarded by the dis-
trict director or an administrative law judge that were not 
paid by the program under this section. Nothing in this 
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section shall limit or otherwise affect the Secretary’s au-
thority to use amounts in the fund to pay approved attor-
neys’ fees and other allowable and unreimbursed expenses 
in claims for benefits under this title for which a final 
order awarding compensation has been entered and the 
operator is unable or refuses to pay. 
‘‘(e) NO RECOUPMENT.—Any payment for attorneys’ 
fees or medical expenses made by the Secretary under this 
section shall not be recouped from the claimant or the 
claimant’s attorney.’’. 
SEC. 107. RESTORING ADEQUATE BENEFIT ADJUSTMENTS 
FOR MINERS SUFFERING FROM BLACK LUNG 
DISEASE AND FOR THEIR DEPENDENT FAM-
ILY MEMBERS. 
Section 412(a) of the Black Lung Benefits Act (30 
U.S.C. 922(a)) is amended by striking paragraph (1) and 
inserting the following: 
‘‘(1) In the case of total disability of a miner 
due to pneumoconiosis, the disabled miner shall be 
paid benefits during the disability— 
‘‘(A) for any calendar year preceding Jan-
uary 1, 2024, at a rate equal to 371⁄2 percent 
of the monthly pay rate for Federal employees 
in grade GS–2, step 1; 
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