‘‘(B) in the event of bankruptcy or other perma-
nent abandonment of the obligation to secure the pay-
ment of benefits, the actuarial present value of the 
benefits to be paid by the fund under section 
424(b)(1), projected as of the date of failure to secure 
such benefits, less any security recovered or surren-
dered, plus interest.’’. 
(2) OTHER RESPONSIBLE PARTY DEFINED.—Sec-
tion 402 of the Black Lung Benefits Act (30 U.S.C. 
902) is amended by inserting at the end the following: 
‘‘(j) The term ‘other responsible party’ means— 
‘‘(1) an individual, partnership, joint venture, 
corporation, mutual company, joint-stock company, 
trust, estate, unincorporated organization, associa-
tion, or other enterprise that possesses, directly or in-
directly, the power to direct or cause the direction of 
the management and policies of an operator or em-
ployer; or 
‘‘(2) any trade or business (whether or not incor-
porated) which is under common control with an op-
erator or employer.’’. 
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TITLE 
II—ESTABLISHING 
THE 
OFFICE OF WORKERS’ COM-
PENSATION PROGRAMS 
SEC. 201. OFFICE OF WORKERS’ COMPENSATION PRO-
GRAMS. 
(a) ESTABLISHMENT.—There shall be established, in 
the Department of Labor, an Office of Workers’ Compensa-
tion Programs (referred to in this section as the ‘‘Office’’). 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Office shall be directed by 
a Director for the Office of Workers’ Compensation 
(referred to in this section 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 func-
tions of the Office on the day before the date of enactment 
of this Act, including all of its personnel, assets, authorities, 
and liabilities. 
(d) REFERENCES TO BUREAU OF EMPLOYEES’ COM-
PENSATION.—Reference in any other Federal law, Executive 
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order, reorganization plan, rule, regulation, or delegation 
of authority, or any document of or relating to the Bureau 
of Employees’ Compensation with regard to functions car-
ried out by the Office of Workers’ Compensation Programs, 
shall be deemed to refer to the Office of Workers’ Compensa-
tion Programs. 
TITLE III—ADDITIONAL 
PROVISIONS 
SEC. 301. 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 paragraph 
(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 
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 
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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 ‘di-
vorced wife’ or ‘divorced husband’, as such terms are 
defined in paragraph (1) or (4) of section 216(d) of 
such Act, who is receiving at least one-half of his or 
her support, as determined in accordance with regula-
tions prescribed by the Secretary, from the miner, or 
is receiving substantial contributions from the miner 
(pursuant to a written agreement), or there is in ef-
fect a court order for substantial contributions to the 
spouse’s support from such miner.’’; 
(B) by striking subsection (e) and inserting 
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, subparagraph 
(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 indi-
vidual 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 celebrated. Such term 
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also includes a ‘surviving divorced wife’ or ‘surviving di-
vorced 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 substantial contributions 
from the miner (pursuant to a written 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 min-
er’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’’; 
(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)— 
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(A) by striking subsection (a) and inserting 
the following: 
‘‘(a) The Secretary shall, in accordance with the provi-
sions of this title, and the regulations promulgated by the 
Secretary under this title, make payments of benefits in re-
spect 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 survivor’s claim 
filed after January 1, 2005, that is pending on or 
after March 23, 2010, where the miner is found enti-
tled to receive benefits on a claim filed under part C; 
and 
‘‘(5) survivors’ benefits where the miner is found 
entitled to receive benefits on a 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 miner’s 
pneumoconiosis’’; and 
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(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 on a 
claim filed under part C; 
‘‘(C) of a miner who is found entitled to receive 
benefits on a claim filed under part C before January 
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 
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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 survived at the time 
of the miner’s death by a surviving 
spouse or child) who are entitled to the 
payment of benefits under paragraph 
(5) of section 411(c); or in the case of 
the dependent surviving brother(s) or 
sister(s) of a miner (who is not sur-
vived at the time of the miner’s death 
by a surviving spouse, child, or parent) 
who are entitled to the payment of ben-
efits 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 spec-
ified in paragraph (3) (as if such par-
ent(s) or such brother(s) or sister(s), 
were the children of such miner).’’; and 
(II) in the fourth sentence— 
(aa) by striking ‘‘brother 
only if he’’ and inserting ‘‘brother 
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or sister only if the brother or sis-
ter’’; and 
(bb) by striking ‘‘before he 
ceased’’ and inserting ‘‘before the 
brother or sister ceased’’; and 
(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 
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(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)— 
(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 
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(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)— 
(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 ‘‘Inter-
nal 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’’; 
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