IB 
Union Calendar No. 483 
117TH CONGRESS 
2D SESSION 
H. R. 6102 
[Report No. 117–589, Part I] 
To ensure that claims for benefits under the Black Lung Benefits Act are 
processed in a fair and timely manner, to better protect miners from 
pneumoconiosis (commonly known as ‘‘black lung disease’’), and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 1, 2021 
Mr. CARTWRIGHT (for himself and Mr. SCOTT of Virginia) introduced the fol-
lowing bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
DECEMBER 2, 2022 
Reported from the Committee on Education and Labor with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 2, 2022 
Referral to the Committee on Ways and Means extended for a period ending 
not later than December 15, 2022 
DECEMBER 15, 2022 
Referral to the Committee on Ways and Means extended for a period ending 
not later than December 23, 2022 
DECEMBER 23, 2022 
Additional sponsors: Mr. CARSON, Ms. ADAMS, Mr. MFUME, Mr. BOWMAN, 
Ms. SHERRILL, Ms. WILSON of Florida, Mr. DESAULNIER, Mr. LEVIN 
of Michigan, Ms. BONAMICI, Mr. TAKANO, Mr. NORCROSS, and Mr. 
LYNCH 
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DECEMBER 23, 2022 
Committee on Ways and Means discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on December 1, 2021] 
A BILL 
To ensure that claims for benefits under the Black Lung 
Benefits Act are processed in a fair and timely manner, 
to better protect miners from pneumoconiosis (commonly 
known as ‘‘black lung disease’’), and for other purposes. 
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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 2022’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—BLACK LUNG BENEFITS 
PART A—IMPROVING THE PROCESS FOR FILING AND ADJUDICATING CLAIMS 
FOR BENEFITS 
Sec. 101. Providing assistance with claims for miners and their dependent family 
members. 
Sec. 102. Clarifying eligibility for black lung benefits. 
Sec. 103. Development of medical evidence by the Secretary. 
Sec. 104. False statements or misrepresentations, attorney disqualification, and 
discovery sanctions. 
Sec. 105. Readjudicating cases involving certain chest radiographs. 
Sec. 106. Attorneys’ fees and medical expenses payment program. 
Sec. 107. Restoring adequate benefit adjustments for miners suffering from black 
lung disease and for their dependent family members. 
Sec. 108. Disclosure of employment and earnings information for Black Lung 
benefits claims. 
PART B—REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS UNDER 
THE BLACK LUNG BENEFITS ACT 
Sec. 121. Strategy to reduce delays in adjudication. 
PART C—IMPROVEMENT IN THE FINANCIAL SECURITY OF THE BLACK LUNG 
BENEFITS DISABILITY TRUST FUND 
Sec. 131. Policies for securing the payment of benefits. 
TITLE II—ESTABLISHING THE OFFICE OF WORKERS’ 
COMPENSATION PROGRAMS 
Sec. 201. Office of Workers’ Compensation Programs. 
TITLE III—ADDITIONAL PROVISIONS 
Sec. 301. Technical and conforming amendments. 
Sec. 302. Severability. 
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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, exam-
ination, 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.’’. 
SEC. 102. CLARIFYING ELIGIBILITY FOR BLACK LUNG BENE-
FITS. 
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, au-
topsy, or other medically accepted and relevant test or pro-
cedure establishes that a miner is suffering or has suffered 
from a chronic dust disease of the lung, diagnosed as com-
plicated pneumoconiosis or progressive massive fibrosis (as 
determined in accordance with subparagraph (B)), then 
there shall be an irrebuttable presumption that such miner 
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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), com-
plicated pneumoconiosis or progressive massive fibro-
sis can be established by any of the following: 
‘‘(i) A chest radiograph, which yields one or 
more large opacities whose greatest diameter ex-
ceeds 1 centimeter and would be classified in 
Category A, B, or C in the International Classi-
fication of Radiographs of Pneumoconiosis by 
the International Labor Organization, in the ab-
sence of more probative evidence sufficient to es-
tablish 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 ex-
ceeds 1 centimeter, in the absence of more pro-
bative evidence sufficient to establish that the eti-
ology of the large opacity is not pneumoconiosis. 
‘‘(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. 
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‘‘(iv) A diagnosis by other means that 
would reasonably be expected to yield results de-
scribed 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 following: 
‘‘SEC. 435. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 
SECRETARY. 
‘‘(a) COMPLETE PULMONARY EVALUATION.—Upon re-
quest 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— 
‘‘(1) an initial report, conducted by a qualified 
physician on the list provided under subsection (e), 
and in accordance with subsection (d)(5) and sections 
402(f)(1)(D) and 413(b); and 
‘‘(2) if the conditions under subsection (b) are 
met, any supplemental medical evidence described in 
subsection (c). 
‘‘(b) AUTHORIZING CHEST SCANS.—In diagnosing 
whether there is complicated pneumoconiosis as a part of 
a medical examination conducted under subsection (a), the 
Secretary shall authorize a high-quality, low-dose or stand-
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ard computerized tomography scan where any or a com-
bination 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 EVI-
DENCE.—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 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 
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could be considered contrary to the award under 
subparagraph (A); and 
‘‘(C) the claimant or, if the claimant is rep-
resented by an attorney, the claimant’s attorney 
consents to the Secretary developing supple-
mental 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 conducted 
the initial report under subsection (a)(1) to— 
‘‘(A) review any medical evidence submitted 
after such report or the most recent supplemental 
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. 
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‘‘(e) QUALIFIED PHYSICIANS
FOR COMPLETE PUL-
MONARY EVALUATION AND PROTECTIONS FOR SUITABILITY 
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 Sec-
retary shall update such list by reviewing the suit-
ability of the listed qualified physicians and assessing 
any potential conflicts of interest. 
‘‘(4) CRITERIA FOR SUITABILITY.—The Secretary 
shall include on the list only those physicians whom 
the Secretary determines are qualified, capable, and 
willing to provide credible opinions consistent with 
the premises underlying this Act. In determining 
whether a physician is suitable to be on the list under 
this subsection, the Secretary shall consult the Na-
tional Practitioner Data Bank of the Department of 
Health and Human Services and assess reports of ad-
verse licensure, certifications, hospital privilege, and 
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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. 
‘‘(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 Depart-
ment, and to provide such disclosure to claimants. 
Such policies and procedures shall provide that a 
physician with a conflict of interest 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 
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