tion of Radiographs of Pneumoconioses by the Inter-
national Labor Organization. 
‘‘(5) B READER PANEL POOL.—The term ‘B 
Reader Panel Pool’ means the group of physicians 
included in the pool described in subsection (c). 
‘‘(b) B READER PANEL PROGRAM.— 
‘‘(1) ESTABLISHMENT OF PILOT PROGRAM.— 
‘‘(A) IN GENERAL.—The Director shall es-
tablish, in the National Institute for Occupa-
tional Safety and Health, a pilot program to be 
known as the ‘B Reader Panel Program’. The 
B Reader Panel Program shall establish B 
Reader Panels that— 
‘‘(i) are operated in a manner to as-
sure accurate ILO classifications, which 
may be used for claims for benefits de-
scribed in subparagraph (C); 
‘‘(ii) only classify chest radiographs; 
and 
‘‘(iii) classify all appearances de-
scribed in the International Classification 
of Radiographs of Pneumoconiosis or illus-
trated by the ILO Standard Radiographs. 
‘‘(B) DURATION.—The B Reader Panel 
Program established under this section shall be 
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conducted for a duration of one year, beginning 
after the issuance of necessary protocols and in-
terim final rules under subsection (h). 
‘‘(C) APPLICABILITY.—A chest radiograph 
classification may only be requested under this 
section for a claim for benefits under this title 
where the presence or absence of complicated 
pneumoconiosis or progressive massive fibrosis 
(large opacities greater than or equal to cat-
egory A of the ILO classification) is in fact at 
issue. 
‘‘(2) PROGRAM PERSONNEL MATTERS.— 
‘‘(A) IN GENERAL.—The Director may hire 
such personnel as are necessary to establish, 
manage, and evaluate the B Reader Panel Pro-
gram, including a B Reader Program Director 
described in subparagraph (B). 
‘‘(B) B READER
PROGRAM
DIRECTOR.— 
The B Reader Program Director shall be a phy-
sician who is a B Reader and has documented 
expertise in ILO classifications. 
‘‘(C) STAFF.— 
‘‘(i) IN GENERAL.—In procuring the 
services of B Readers for this section, the 
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Director may hire Federal personnel, con-
tract for services, or both. 
‘‘(ii) COMPENSATION.—The Director 
shall establish compensation rates for B 
Readers who are hired under contract. 
‘‘(3) ETHICS POLICY.— 
‘‘(A) CODE OF ETHICS.— 
‘‘(i) IN GENERAL.—In order to maxi-
mize the quality, objectivity, and con-
fidence in ILO classifications under this 
section, the Director shall establish a bind-
ing code of ethics to which all B Readers 
in the B Reader Panel Pool shall agree to 
in writing and adhere. 
‘‘(ii) CONTENTS.—The code of ethics 
shall include— 
‘‘(I) definitions and stipulations 
of procedures dealing with actual and 
apparent conflicts of interest and the 
appearance of bias or lack of suffi-
cient impartiality; 
‘‘(II) a requirement that each 
such B Reader submits a conflict of 
interest disclosure statement to the 
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Director and annually updates such 
statement; and 
‘‘(III) requirements for the con-
tent of the conflict of interest disclo-
sure statements required under sub-
clause (II). 
‘‘(B) B READER
ETHICS
OFFICER.—The 
Director shall designate an employee of the Na-
tional Institute for Occupational Safety and 
Health as the B Reader Ethics Officer whose 
responsibilities shall include— 
‘‘(i) reviewing all conflict of interest 
disclosures of B Readers on the B Reader 
Panel Pool; 
‘‘(ii) investigating the validity of such 
disclosures; 
‘‘(iii) maintaining a list of such B 
Readers who fail to disclose a conflict of 
interest; 
‘‘(iv) addressing complaints about in-
complete or inaccurate conflict of interest 
disclosures; 
‘‘(v) assessing whether any such B 
Reader has been improperly assigned to a 
panel due to a conflict of interest; and 
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‘‘(vi) assuring full transparency of 
conflict of interest disclosures to the pub-
lic. 
‘‘(4) QUALITY ASSURANCE PROGRAM.— 
‘‘(A) PROTOCOLS.— 
‘‘(i) ESTABLISHMENT.—The Director 
shall establish a quality assurance program 
consisting of protocols to ensure that the 
results produced by B Reader Panels meet 
or exceed standards of performance re-
quired for accuracy and consistency. 
‘‘(ii) 
PROTOCOLS.—The 
protocols 
under this subparagraph shall include pro-
tocols— 
‘‘(I) for each B Reader to pre-
pare an individual ILO classification 
report for each chest radiograph; and 
‘‘(II) for the preparation of a 
final ILO classification report for the 
chest radiograph. 
‘‘(iii) ADDITIONAL
REVIEWERS.—If 
individual ILO classifications reported by 
each B Reader of a B Reader Panel di-
verge from each other by more than an ac-
ceptable variance, as determined by proto-
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cols established under subsection (h), the 
Director shall assign additional B Readers 
to the applicable B Reader Panel or con-
vene an additional B Reader Panel, as the 
Director determines necessary, to assure 
that the ILO classification report of the 
initial B Reader Panel is accurate and sci-
entifically valid. 
‘‘(iv) USE OF KNOWN POSITIVE AND 
NEGATIVE X-RAYS AS A QUALITY CONTROL 
TOOL.—The quality assurance program 
under this paragraph shall use pre-read 
radiographs, for which ILO classifications 
have been previously established as exter-
nal standards, with sufficient frequency in 
order to assure that B Readers on B Read-
er Panels read radiographs that are bor-
derline positive or negative for complicated 
pneumoconiosis or progressive massive fi-
brosis (large opacities greater than or 
equal to category A of the ILO classifica-
tion) with accuracy and consistency. 
‘‘(v) BLIND READINGS.—In reading a 
radiograph to make an ILO classification, 
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shall include requiring the B Reader to make 
radiograph classifications consistent with ILO 
classification criteria that are consistently with-
in acceptable norms, as established by the Di-
rector. 
‘‘(C) CONSIDERATIONS FOR SELECTION.— 
In selecting a B Reader to be included in the 
B Reader Panel Pool, the Director shall— 
‘‘(i) assess, to the maximum extent 
practicable, the prior performance of the B 
Reader in making ILO classifications; 
‘‘(ii) consult the National Practitioner 
Data Bank of the Department of Health 
and Human Services for information on 
physician suitability; and 
‘‘(iii) assess reports of adverse licen-
sure, certifications, hospital privilege, and 
professional society actions involving the B 
Reader. 
‘‘(D) MONITORING.—The Director shall 
monitor ILO classifications conducted under 
this section to determine if any B Reader in-
cluded in the B Reader Panel Pool dem-
onstrates a pattern of providing ILO classifica-
tions that are erroneous or not consistently 
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within the acceptable norms, as established by 
the Director. 
‘‘(3) PROCESS FOR REMOVAL.— 
‘‘(A) IN GENERAL.—The Director shall be 
authorized to suspend or remove any B Reader 
from the B Reader Panel Pool for— 
‘‘(i) consistently failing to meet the 
minimum standards of performance under 
paragraph (2)(B); 
‘‘(ii) breaching the code of ethics 
under subsection (b)(3)(A); or 
‘‘(iii) other disqualifying conduct, as 
established by rule or policy. 
‘‘(B) REVIEW.—The Director shall provide 
a process for a B Reader who is aggrieved by 
a decision of the Director under subparagraph 
(A) to seek review by the Secretary of Health 
and Human Services. The review by such Sec-
retary shall not stay the suspension of the B 
Reader during the pendency of the review. 
‘‘(4) DISCLOSURE.—The Director shall make 
publicly accessible— 
‘‘(A) the names and qualifications of the B 
Readers included in the B Reader Panel Pool; 
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‘‘(B) the names of B Readers who have 
been suspended or removed from the B Reader 
Panel Pool and the reasons for such suspension 
or removal; 
‘‘(C) the conflict of interest disclosure 
statements 
required 
under 
subsection 
(b)(3)(A)(ii)(II); and 
‘‘(D) any pertinent information which the 
Director determines necessary to assure trans-
parency and program integrity. 
‘‘(d) ELIGIBILITY TO REQUEST ILO CLASSIFICA-
TIONS.—Each of the following individuals may request an 
ILO classification under this section: 
‘‘(1) Claimants or operators, or their authorized 
representatives, in a claim for benefits that meets 
the requirements of subsection (b)(1)(C). 
‘‘(2) Individuals defined as adjudication officers 
by regulations of the Secretary. 
‘‘(e) TIMING OF REPORTS.—Following the receipt of 
a written request for the classification of a chest 
radiograph, the Director shall provide a report conducted 
by a B Reader Panel— 
‘‘(1) for digital chest radiographic images, with-
in 45 days; and 
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‘‘(2) for film-based chest radiographs, within 90 
days. 
‘‘(f) TESTIMONY.— 
‘‘(1) AVAILABILITY
OF
DIRECTOR
OR
DES-
IGNEE.—The Director, or a designee of the Director, 
shall be available to respond to interrogatories or ap-
pear and testify about a B Reader Panel’s conclu-
sions or the process by which B Reader Panels clas-
sify radiographs in a case under subsection 
(b)(1)(C), upon the request of a party to such case. 
‘‘(2) INTERROGATORIES AND SUBPOENAS FOR B 
READERS.—To the extent that additional informa-
tion is reasonably necessary for the full development 
of evidence pertaining to a B Reader Panel Report 
in a case under subsection (b)(1)(C), a B Reader of 
a B Reader Panel— 
‘‘(A) may be required to respond to inter-
rogatories with respect to the ILO classification 
provided by the B Reader in the case, only if 
so ordered by an administrative law judge; and 
‘‘(B) may not be required to appear and 
testify under subpoena, unless the party making 
such request demonstrates to an administrative 
law judge that— 
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‘‘(i)(I) the B Reader Panel Report is 
incomplete or lacks information that is rea-
sonably necessary for such full develop-
ment; and 
‘‘(II) if responses to interrogatories 
were ordered, the responses are unclear or 
incomplete; or 
‘‘(ii) there is an extraordinary cir-
cumstance in which additional information 
that is reasonably necessary for such full 
development is otherwise unavailable from 
the Director and can only be provided by 
such B Reader. 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) ESTABLISHMENT.—Funds necessary to es-
tablish and operate the B Reader Panel Program 
under this section shall be paid as an administrative 
cost from the fund. The Director shall consult with 
the Secretary on allocations of funds in establishing 
such program. 
‘‘(2) COSTS OF REPORTS FOR B READER PAN-
ELS.— 
‘‘(A) FEES.— 
‘‘(i) IN GENERAL.—The Director shall 
establish a fee for a B Reader Panel Re-
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port in accordance with clause (ii). Such 
fee shall be payable by the party request-
ing such report. No fee shall be charged if 
the request for such ILO classification is 
made by an individual defined as an adju-
dication officer by regulations of the Sec-
retary. 
‘‘(ii) LIMITATION.—The amount of a 
fee under clause (i) shall not exceed the di-
rect cost of hiring the B Readers of the B 
Reader Panel that made the ILO classi-
fication. 
‘‘(B) LEGAL COSTS.— 
‘‘(i) IN GENERAL.—The National In-
stitute for Occupational Safety and Health 
shall use amounts in the fund to pay for 
all costs related to the appearance and re-
sponses to interrogatories of the Director 
or a designee of the Director, or a B Read-
er of a B Reader Panel, in a proceeding 
under this section. 
‘‘(ii) REPRESENTATION OF THE NA-
TIONAL
INSTITUTE
FOR
OCCUPATIONAL 
SAFETY
AND
HEALTH.—The 
General 
Counsel of the Department of Health and 
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Human Services shall, in consultation with 
the Solicitor of Labor, represent the Na-
tional Institute for Occupational Safety 
and Health in any proceeding under this 
section, which costs shall be payable from 
the fund. 
‘‘(h) PROTOCOLS AND INTERIM FINAL RULES.—Not 
later than 180 days after the date of enactment of the 
Black Lung Benefits Improvement Act of 2017, the Sec-
retary of Health and Human Services shall issue protocols 
and promulgate interim final rules, as necessary, to com-
mence the implementation of this section. 
‘‘(i) REPORT TO CONGRESS.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the completion of the pilot program under this 
section, the Director shall, in consultation with the 
Secretary of Labor, prepare and submit a report to 
the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives that includes the information in para-
graph (2). 
‘‘(2) CONTENTS.—The report under this sub-
section shall include— 
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‘‘(A) the number of B Reader Panels es-
tablished under this section; 
‘‘(B) the number of B Readers partici-
pating in the pilot program under this section; 
‘‘(C) the effectiveness of the quality assur-
ance program under subsection (b)(4); 
‘‘(D) the accuracy of the ILO classifica-
tions conducted by B Readers under this sec-
tion; 
‘‘(E) challenges in the administration and 
implementation of such pilot program; 
‘‘(F) the costs and revenues of such pilot 
program; 
‘‘(G) the impact of the pilot program on 
the claims-adjudication process; 
‘‘(H) a recommendation on whether the 
pilot program under this section should extend 
beyond the one-year duration under subsection 
(b)(1)(B); and 
‘‘(I) recommendations for any necessary 
modifications to such pilot program, if the Di-
rector recommends such an extension.’’. 
(b) CONFORMING AMENDMENT RELATED
TO DE-
POSIT OF FEES.—Section 9501(b) of the Internal Rev-
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enue Code of 1986 (26 U.S.C. 9501(b)) is amended by 
adding at the end the following new paragraph: 
‘‘(3) CERTAIN
FEES.—Amounts collected as 
fees authorized under section 436(g)(2)(A) of the 
Black Lung Benefits Act.’’. 
SEC. 110. MEDICAL EVIDENCE TRAINING PROGRAM. 
Part C of the Black Lung Benefits Act (30 U.S.C. 
931 et seq.), as amended by sections 108 and 109, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 437. MEDICAL EVIDENCE TRAINING PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of the Black Lung Benefits Improve-
ment Act of 2017, the Secretary, in coordination with the 
National Institute for Occupational Safety and Health, 
shall establish and implement a training program, to pro-
vide education on issues relating to medical evidence rel-
evant to claims for benefits under this title, to each of 
the following individuals who engage in work under this 
title: 
‘‘(1) District directors. 
‘‘(2) Claims examiners working under such di-
rectors. 
‘‘(3) Administrative law judges and attorney 
advisors supporting such judges. 
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‘‘(4) Members of the Benefits Review Board es-
tablished under section 21(b) of the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 
921(b)). 
‘‘(b) TRAINING PROGRAM TOPICS.—The training 
program under this section shall provide an overview of 
topics that include— 
‘‘(1) new developments in pulmonary medicine 
relating to pneumoconiosis; 
‘‘(2) medical evidence, and other relevant evi-
dence, sufficient to support a claim for benefits 
under this title; and 
‘‘(3) weighing conflicting medical evidence and 
testimony concerning eligibility for such benefits. 
‘‘(c) TIMING OF TRAINING.— 
‘‘(1) INDIVIDUALS HIRED OR APPOINTED PRIOR 
TO THE BLACK LUNG BENEFITS IMPROVEMENT ACT 
OF 2017.—Any district director, claims examiner, ad-
ministrative law judge, attorney advisor supporting 
such judge, or member of the Benefits Review Board 
described in subsection (a)(4), who was hired or ap-
pointed prior to the date of enactment of the Black 
Lung Benefits Improvement Act of 2017 shall com-
plete the training program under this section not 
later than 60 days after the establishment of such 
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program under subsection (a) and not less than an-
nually thereafter. 
‘‘(2) INDIVIDUALS HIRED OR APPOINTED AFTER 
THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF 
2017.—Any district director, claims examiner, admin-
istrative law judge, attorney advisor supporting such 
judge, or member of the Benefits Review Board de-
scribed in subsection (a)(4), who is not described in 
paragraph (1) shall complete the training program 
under this section prior to engaging in any work 
under this title and not less than annually there-
after.’’. 
SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS. 
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) 
is amended— 
(1) in section 401(a) (30 U.S.C. 901(a)), by in-
serting ‘‘or who were found to be totally disabled by 
such disease’’ after ‘‘such disease’’; 
(2) in section 402— 
(A) in subsection (a), by striking para-
graph (2) and inserting the following: 
‘‘(2) a spouse who is a member of the same 
household as the miner, or is receiving regular con-
tributions from the miner for support, or whose 
spouse is a miner who has been ordered by a court 
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to contribute to support, or who meets the require-
ments of paragraph (1) or (2) of section 216(b) of 
the Social Security Act or paragraph (1) or (2) of 
section 216(f) of such Act. An individual is the 
‘spouse’ of a miner when such individual is legally 
married to the miner under the laws of the State 
where the marriage was celebrated. The term 
‘spouse’ also includes a ‘divorced wife’ or ‘divorced 
husband’, as such terms are defined in paragraph 
(1) or (4) of section 216(d) of such Act, who is re-
ceiving at least one-half of his or her support, as de-
termined in accordance with regulations prescribed 
by the Secretary, from the miner, or is receiving 
substantial contributions from the miner (pursuant 
to a written agreement), or there is in effect a court 
order for substantial contributions to the spouse’s 
support from such miner.’’; 
(B) by striking subsection (e) and insert-
ing the following: 
‘‘(e) The term ‘surviving spouse’ includes the spouse 
living with or dependent for support on the miner at the 
time of the miner’s death, or living apart for reasonable 
cause or because of the miner’s desertion, or who meets 
the requirements of subparagraph (A), (B), (C), (D), or 
(E) of section 216(c)(1) of the Social Security Act, sub-
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paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 
of such Act, or section 216(k) of such Act, who is not 
married. An individual is the ‘surviving spouse’ of a miner 
when legally married at the time of the miner’s death 
under the laws of the State where the marriage was cele-
brated. Such term also includes a ‘surviving divorced wife’ 
or ‘surviving divorced husband’, as such terms are defined 
in paragraph (2) or (5) of section 216(d) of such Act who 
for the month preceding the month in which the miner 
died, was receiving at least one-half of his or her support, 
as determined in accordance with regulations prescribed 
by the Secretary, from the miner, or was receiving sub-
stantial contributions from the miner (pursuant to a writ-
ten agreement) or there was in effect a court order for 
substantial contributions to the spouse’s support from the 
miner at the time of the miner’s death.’’; 
(C) in subsection (g)— 
(i) in paragraph (2)(B)(ii), by striking 
‘‘he ceased’’ and inserting ‘‘the individual 
ceased’’; and 
(ii) in the matter following paragraph 
(2)(C), by striking ‘‘widow’’ each place it 
appears and inserting ‘‘surviving spouse’’; 
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(D) in subsection (h), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; and 
(E) in subsection (i), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; 
(3) in section 411 (30 U.S.C. 921)— 
(A) by striking subsection (a) and insert-
ing the following: 
‘‘(a) The Secretary shall, in accordance with the pro-
visions of this title, and the regulations promulgated by 
the Secretary under this title, make payments of benefits 
in respect of— 
‘‘(1) total disability of any miner due to pneu-
moconiosis; 
‘‘(2) the death of any miner whose death was 
due to pneumoconiosis; 
‘‘(3) total disability of any miner at the time of 
the miner’s death with respect to a claim filed under 
part C prior to January 1, 1982; 
‘‘(4) survivors’ benefits for any claim filed after 
January 1, 2005, that is pending on or after March 
23, 2010, where the miner is found entitled to re-
ceive benefits at the time of the miner’s death as a 
result of the miner’s claim filed under part C; and 
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‘‘(5) survivors’ benefits where the miner is 
found entitled to receive benefits at the time of the 
miner’s death resulting from the miner’s claim filed 
under part C before January 1, 1982.’’; and 
(B) in subsection (c)— 
(i) in paragraph (1), by striking ‘‘his 
pneumoconiosis’’ and inserting ‘‘the min-
er’s pneumoconiosis’’; and 
(ii) in paragraph (2), by striking ‘‘his 
death’’ and inserting ‘‘the miner’s death’’; 
(4) in section 412 (30 U.S.C. 922)— 
(A) in subsection (a)— 
(i) by striking paragraph (2) and in-
serting the following: 
‘‘(2) In the case of a surviving spouse— 
‘‘(A) of a miner whose death is due to pneumo-
coniosis; 
‘‘(B) in a claim filed after January 1, 2005, 
and that is pending on or after March 23, 2010, of 
a miner who is found entitled to receive benefits at 
the time of the miner’s death as a result of the min-
er’s claim filed under part C; 
‘‘(C) of a miner who is found entitled to receive 
benefits at the time of the miner’s death as a result 
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of the miner’s claim filed under part C before Janu-
ary 1, 1982; or 
‘‘(D) in a claim filed under part C before Janu-
ary 1, 1982, of a miner who was totally disabled by 
pneumoconiosis at the time of the miner’s death, 
benefits shall be paid to the miner’s surviving spouse at 
the rate the deceased miner would receive such benefits 
if he were totally disabled.’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘(3) In the case’’ 
and all that follows through ‘‘section 
411(c)’’ and inserting the following: 
‘‘(3)(A) In the case of the child or 
children of a miner described in sub-
paragraph (B)’’; 
(II) by striking ‘‘he’’ each place 
it appears and inserting ‘‘the child’’; 
(III) by striking ‘‘widow’’ each 
place it appears and inserting ‘‘sur-
viving spouse’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(B) Subparagraph (A) shall apply in the case of any 
child or children— 
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‘‘(i) of a miner whose death is due to pneumo-
coniosis; 
‘‘(ii) in a claim filed after January 1, 2005, 
that is pending on or after March 23, 2010, of a 
miner who is found entitled to receive benefits at the 
time of the miner’s death as a result of the miner’s 
claim filed under part C; 
‘‘(iii) of a miner who is found entitled to receive 
benefits at the time of the miner’s death as a result 
of the miner’s claim filed under part C before Janu-
ary 1, 1982; 
‘‘(iv) in a claim filed under part C before Janu-
ary 1, 1982, of a miner who was totally disabled by 
pneumoconiosis at the time of the miner’s death; 
‘‘(v) of a surviving spouse who is found entitled 
to receive benefits under this part at the time of the 
surviving spouse’s death; or 
‘‘(vi) entitled to the payment of benefits under 
paragraph (5) of section 411(c).’’; 
(iii) in paragraph (5)— 
(I) by striking the first sentence 
and inserting the following: ‘‘In the 
case of the dependent parent or par-
ents of a miner who is not survived at 
the time of death by a surviving 
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spouse or a child and (i) whose death 
is due to pneumoconiosis, (ii) in a 
claim filed after January 1, 2005, 
that is pending on or after March 23, 
2010, who is found entitled to receive 
benefits at the time of his the miner’s 
death as a result of the miner’s claim 
filed under part C, (iii) who is found 
entitled to receive benefits at the time 
of his death as a result of the miner’s 
claim filed under part C before Janu-
ary 1, 1982, or (iv) in a claim filed 
under part C before January 1, 1982, 
who was totally disabled by pneumo-
coniosis at the time of the miner’s 
death; in the case of the dependent 
surviving brother(s) or sister(s) of 
such a miner who is not survived at 
the time of the miner’s death by a 
surviving spouse, child, or parent; in 
the case of the dependent parent or 
parents of a miner (who is not sur-
vived at the time of the miner’s death 
by a surviving spouse or child) who 
are entitled to the payment of benefits 
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under 
paragraph 
(5) 
of 
section 
411(c); or in the case of the depend-
ent surviving brother(s) or sister(s) of 
a miner (who is not survived at the 
time of the miner’s death by a sur-
viving spouse, child, or parent) who 
are entitled to the payment of benefits 
under 
paragraph 
(5) 
of 
section 
411(c), benefits shall be paid under 
this part to such parent(s), or to such 
brother(s), or sister(s), at the rate 
specified in paragraph (3) (as if such 
parent(s) or such brother(s) or sis-
ter(s), were the children of such 
miner).’’; and 
(II) in the fourth sentence— 
(aa) by striking ‘‘brother 
only if he’’ and inserting ‘‘broth-
er or sister only if the brother or 
sister’’; and 
(bb) by striking ‘‘before he 
ceased’’ and inserting ‘‘before the 
brother or sister ceased’’; and 
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(iv) in paragraph (6), by striking 
‘‘prescribed by him’’ and inserting ‘‘pre-
scribed by such Secretary’’; 
(B) in subsection (b)— 
(i) by striking ‘‘his’’ each place it ap-
pears and inserting ‘‘such miner’s’’; and 
(ii) by striking ‘‘widow’’ each place it 
appears and inserting ‘‘surviving spouse’’; 
and 
(C) in subsection (c), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; 
(5) in section 413 (30 U.S.C. 923)— 
(A) in subsection (b)— 
(i) in the second sentence, by striking 
‘‘his wife’s affidavits’’ and inserting ‘‘affi-
davits of the miner’s spouse’’; 
(ii) in the ninth sentence, by striking 
‘‘widow’’ and inserting ‘‘surviving spouse’’; 
and 
(iii) by striking the last sentence; and 
(B) in subsection (c), by striking ‘‘his 
claim’’ and inserting ‘‘the claim’’; 
(6) in section 414 (30 U.S.C. 924)— 
(A) in subsection (a)— 
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(i) in paragraph (1), by striking 
‘‘widow, within six months after the death 
of her husband’’ and inserting ‘‘surviving 
spouse, within six months after the death 
of the miner’’; and 
(ii) in paragraph (2)(C), by striking 
‘‘his’’ and inserting ‘‘the child’s’’; and 
(B) in subsection (e)— 
(i) by striking ‘‘widow’’ and inserting 
‘‘surviving spouse’’; and 
(ii) by striking ‘‘his death’’ and insert-
ing ‘‘the miner’s death’’; 
(7) in section 415(a) (30 U.S.C. 925(a))— 
(A) in paragraph (1), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘he’’ and inserting 
‘‘such Secretary’’; and 
(ii) by striking ‘‘him’’ and inserting 
‘‘such Secretary’’; 
(8) in section 421 (30 U.S.C. 931)— 
(A) in subsection (a), by striking ‘‘widows’’ 
and inserting ‘‘spouses’’; and 
(B) in subsection (b)(2)— 
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(i) in the matter preceding subpara-
graph (A), by striking ‘‘he’’ and inserting 
‘‘such Secretary’’; and 
(ii) in subparagraph (F), by striking 
‘‘promulgated by him’’ and inserting ‘‘pro-
mulgated by such Secretary’’; 
(9) in section 422 (30 U.S.C. 932)— 
(A) in subsection (a)— 
(i) by striking ‘‘Internal Revenue 
Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; and 
(ii) by striking ‘‘he’’ and inserting 
‘‘such Secretary’’; 
(B) in subsection (i)(4), by striking ‘‘Inter-
nal Revenue Code of 1954’’ and inserting ‘‘In-
ternal Revenue Code of 1986’’; and 
(C) in subsection (j), by striking ‘‘Internal 
Revenue Code of 1954’’ each place it appears 
and inserting ‘‘Internal Revenue Code of 
1986’’; 
(10) in section 423(a) (30 U.S.C. 933(a)), by 
striking ‘‘he’’ and inserting ‘‘such operator’’; 
(11) in section 424(b) (30 U.S.C. 934(b))— 
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(A) in the matter following subparagraph 
(B) of paragraph (1), by striking ‘‘him’’ and in-
serting ‘‘such operator’’; 
(B) in paragraph (3), by striking ‘‘Internal 
Revenue Code of 1954’’ each place it appears 
and inserting ‘‘Internal Revenue Code of 
1986’’; and 
(C) in paragraph (5), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; 
(12) in section 428 (30 U.S.C. 938)— 
(A) in subsection (a), by striking ‘‘him’’ 
and inserting ‘‘such operator’’; and 
(B) in subsection (b)— 
(i) in the first sentence, by striking 
‘‘he’’ and inserting ‘‘the miner’’; 
(ii) in the third sentence, by striking 
‘‘he’’ and inserting ‘‘the Secretary’’; 
(iii) in the ninth sentence— 
(I) by striking ‘‘he’’ each place it 
appears and inserting ‘‘the Sec-
retary’’; and 
(II) by striking ‘‘his’’ and insert-
ing ‘‘the miner’s’’; and 
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(iv) in the tenth sentence, by striking 
‘‘he’’ each place it appears and inserting 
‘‘the Secretary’’; and 
(13) in section 430 (30 U.S.C. 940)— 
(A) by striking ‘‘1977 and’’ and inserting 
‘‘1977,’’; and 
(B) by striking ‘‘1981’’ and inserting 
‘‘1981, and the Black Lung Benefits Improve-
ment Act of 2017, and any amendments made 
after the date of enactment of such Act,’’. 
SEC. 112. READJUDICATING CASES INVOLVING CERTAIN 
CHEST RADIOGRAPHS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED CHEST RADIOGRAPH.—The term 
‘‘covered 
chest 
radiograph’’ 
means 
a 
chest 
radiograph that was interpreted as negative for sim-
ple pneumoconiosis, complicated pneumoconiosis, or 
progressive massive fibrosis by a physician with re-
spect 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 subse-
quently determined to be credible by the Secretary 
in evaluating a claim for benefits under the Black 
Lung Benefits Act (30 U.S.C. 901 et seq.). 
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(2) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’ means an individual whose record for a 
claim for benefits under the Black Lung Benefits 
Act 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 the Black Lung Benefits Act 
was still pending at the time of the covered in-
dividual’s death; and 
(B) who continued to seek an award with 
respect 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 the Black Lung Bene-
fits Act (30 U.S.C. 901 et seq.) was denied prior to the 
enactment of this Act may file a new claim for benefits 
under this Act not later than one year after the date of 
enactment of this Act. 
(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. 
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(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 
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 subsection (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. 
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(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 direc-
tor, an administrative law judge, or the Benefits Review 
Board established under section 21(b) of the Longshore 
and Harbor Workers’ Compensation Act (33 U.S.C. 
921(b)). 
SEC. 113. DISCLOSURE OF EMPLOYMENT AND EARNINGS 
INFORMATION FOR BLACK LUNG BENEFITS 
CLAIMS. 
(a) TAX RETURN INFORMATION.—Section 6103(l) of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph: 
‘‘(23) DISCLOSURE OF RETURN INFORMATION 
TO DEPARTMENT OF LABOR TO CARRY OUT BLACK 
LUNG BENEFITS ACT.— 
‘‘(A) IN GENERAL.—The Commissioner of 
Social Security shall, on written request with 
respect to any individual, disclose to officers or 
employees of the Department of Labor return 
information from returns with respect to net 
earnings from self-employment (as defined in 
section 1402) and wages (as defined in section 
3121(a) or 3401(a)) for employment for each 
employer of such individual. 
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‘‘(B) RESTRICTION ON DISCLOSURE.—The 
Commissioner of Social Security shall disclose 
return information under subparagraph (A) 
only for purposes of, and the extent necessary 
in, carrying out the proper administration of 
the Black Lung Benefits Act (30 U.S.C. 901 et 
seq.).’’. 
(b) SOCIAL SECURITY EARNINGS INFORMATION.— 
Notwithstanding section 552a of title 5, United States 
Code, or any other provision of Federal or State law, the 
Commissioner of Social Security shall make available to 
the officers and employees of the Department of Labor, 
upon written request, the Social Security earnings infor-
mation of living or deceased individuals who are the sub-
ject of a claim under the Black Lung Benefits Act (30 
U.S.C. 901 et seq.), which the Secretary of Labor may 
require to carry out such Act. Such information shall be 
made available in electronic form. 
PART B—REPORTS TO IMPROVE THE ADMINIS-
TRATION OF BENEFITS UNDER THE BLACK 
LUNG BENEFITS ACT 
SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICA-
TION. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Labor shall 
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submit to the Committee on Health, Education, Labor, 
and Pensions and the Committee on Appropriations of the 
Senate and the Committee on Education and the Work-
force and the Committee on Appropriations of the House 
of Representatives a comprehensive strategy to reduce the 
backlog of cases pending on such date of enactment before 
the Office of Administrative Law Judges of the Depart-
ment of Labor. 
(b) CONTENTS OF STRATEGY.—The strategy under 
this section shall provide information relating to— 
(1) the current and targeted pendency for each 
category of cases before the Office of Administrative 
Law Judges of the Department of Labor; 
(2) the number of administrative law judges, 
attorney advisors supporting such judges, support 
staff, and other resources necessary to achieve and 
maintain the targeted pendency for each category of 
such cases; 
(3) the necessary resources to improve effi-
ciency and effectiveness, such as equipment for video 
conferences, training, use of reemployed annuitants, 
and administrative reforms; 
(4) the impact of sequestration, furloughs, and 
the Federal Government shutdown, which occurred 
from October 1 to October 16, 2013, on increasing 
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administrative burdens and the backlog of cases 
pending before such office; and 
(5) with respect to claims filed under the Black 
Lung Benefits Act (30 U.S.C. 901 et seq.), the nec-
essary resources needed to reduce the average pend-
ency of cases to less than 12 months from the date 
of receipt of the case to the date of disposition of 
such case. 
(c) CONSULTATION.—In preparing such strategy, the 
Secretary of Labor shall consult with organizations that 
have ongoing interactions with the Office of Administra-
tive Law Judges of the Department of Labor, including 
organizations that represent parties in cases under the 
Black Lung Benefits Act, the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 901 et seq.), and 
Federal statutes regarding whistleblowers, wages and 
hours for employees, and immigration. 
SEC. 122. GAO REPORT ON BLACK LUNG PROGRAM. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and 
the Committee on Education and the Workforce of the 
House of Representatives a report on any barriers to 
health care faced by coal miners with pneumoconiosis. 
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(b) CONTENTS.—The report required under sub-
section (a) shall include— 
(1) an assessment of possible barriers to health 
care under the Black Lung Benefits Act (30 U.S.C. 
901 et seq.) and the degree to which any barriers 
impact the ability of miners with legitimate medical 
needs, particularly such miners in rural areas, to ac-
cess treatment for pneumoconiosis; 
(2) recommendations necessary to address 
issues, if any, relating to patient access to care 
under such Act; and 
(3) an evaluation of whether the benefit pay-
ments authorized under such Act, as amended by 
this Act, are sufficient to meet the expenses of dis-
abled miners, surviving spouses, dependents, and 
other family members entitled to receive benefits 
under the Black Lung Benefits Act. 
TITLE II—STANDARD FOR RES-
PIRABLE DUST CONCENTRA-
TION 
SEC. 201. STANDARD FOR RESPIRABLE DUST CONCENTRA-
TION. 
Section 202 of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 842) is amended by adding at 
the end the following: 
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‘‘(i) REPORTS.— 
‘‘(1) RETROSPECTIVE STUDY.— 
‘‘(A) IN GENERAL.—Beginning on August 
1, 2021, the Secretary shall conduct a retro-
spective study to assess the effectiveness of the 
Mine Safety and Health Administration’s final 
rule entitled ‘Lowering Miners’ Exposure to 
Respirable Coal Mine Dust, Including Contin-
uous Personal Dust Monitors’ (published May 
1, 2014; 79 Fed. Reg. 24813), the data regard-
ing the use of continuous personal dust mon-
itors, and the rising number of cases of pro-
gressive massive fibrosis (PMF) to determine 
whether to— 
‘‘(i) lower the applicable standard for 
respirable dust concentration to protect the 
health of miners; 
‘‘(ii) lower the 100 μg/m3 standard 
for quartz (crystalline silica) in respirable 
dust to better protect miners’ health; 
‘‘(iii) increase the frequency for taking 
samples of respirable dust concentration, 
using continuous personal dust monitors; 
‘‘(iv) modify the engineering controls 
and work practices used by mine operators 
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to comply with the applicable standard for 
respirable dust concentration; and 
‘‘(v) convert samples taken for shifts 
that are greater than 8 hours to an 8-hour 
equivalent concentration to more accu-
rately assess the conditions of miners 
working on longer shifts. 
‘‘(B) COMPLETION
DEADLINE.—By Au-
gust 1, 2022, the Secretary shall complete the 
study required by subparagraph (A) and report 
the findings of such study to the Committee on 
Health, Education, Labor, and Pensions of the 
Senate and the Committee on Education and 
the Workforce of the House of Representatives. 
‘‘(2) SUBSEQUENT
STUDIES.—By August 1, 
2025, and every 3 years thereafter, the Secretary 
shall conduct a new study as described in paragraph 
(1)(A) and report, by not later than one year after 
the commencement of the study, the findings of such 
study to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Com-
mittee on Education and the Workforce of the 
House of Representatives. 
‘‘(3) REVISED STANDARDS.—If any report of 
the Secretary under this subsection concludes that 
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the applicable standard for respirable dust con-
centration should be lowered to protect the health of 
miners, or that the incidence of pneumoconiosis 
among coal miners in the United States, as reported 
by the National Institute for Occupational Safety 
and Health, has not been reduced from such inci-
dence prior to the implementation of the most recent 
applicable standard for respirable dust concentra-
tion, the Secretary shall, consistent with the require-
ments of this section and section 101, accordingly 
revise such standard and any applicable sampling or 
testing procedures not later than 24 months after 
the publication of such report of the Secretary under 
this subsection.’’. 
TITLE III—ESTABLISHING THE 
OFFICE OF WORKERS’ COM-
PENSATION PROGRAMS 
SEC. 301. OFFICE OF WORKERS’ COMPENSATION PRO-
GRAMS. 
(a) ESTABLISHMENT.—There shall be established, in 
the Department of Labor, an Office of Workers’ Com-
pensation Programs (referred to in this section as the ‘‘Of-
fice’’). 
(b) DIRECTOR.— 
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(1) IN GENERAL.—The Office shall be directed 
by a Director for the Office of Workers’ Compensa-
tion (referred to in this title as the ‘‘Director’’) who 
shall be appointed by the President, by and with the 
advice and consent of the Senate. 
(2) DUTIES.—The Director shall carry out all 
duties carried out by the Director for the Office of 
Workers’ Compensation as of the day before the 
date of enactment of this Act. 
(c) FUNCTIONS.—The functions of the Office on and 
after the date of enactment of this Act shall include the 
functions of the Office on the day before the date of enact-
ment of this Act, including all of its personnel, assets, au-
thorities, and liabilities. 
(d) REFERENCES TO BUREAU OF EMPLOYEES’ COM-
PENSATION.—Reference in any other Federal law, Execu-
tive order, reorganization plan, rule, regulation, or delega-
tion of authority, or any document of or relating to the 
Bureau of Employees’ Compensation with regard to func-
tions carried out by the Office of Workers’ Compensation 
Programs, shall be deemed to refer to the Office of Work-
ers’ Compensation Programs. 
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TITLE IV—SEVERABILITY 
SEC. 401. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision to any 
person or circumstance, is held to be invalid, the remain-
der of this Act, or an amendment made by this Act, or 
the application of such provision to other persons or cir-
cumstances, shall not be affected. 
Æ 
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