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 
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 benefits, the 
operator liable for payment of benefits, if any, shall reim-
burse the fund for such expenses, which shall include inter-
est.’’. 
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: 
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‘‘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, in-
timidate, deceive, or mislead a party, representative, 
witness, potential witness, judge, or anyone partici-
pating in a proceeding regarding any matter related 
to a proceeding under this title. 
‘‘(b) FINE; IMPRISONMENT.—Any person who engages 
in the conduct described in subsection (a) shall, upon con-
viction, 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 At-
torney 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 complaint of 
a violation of such subsection. 
‘‘(d) DISQUALIFICATION.— 
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‘‘(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 addition 
to the disqualification described in paragraph (1), the 
Secretary may disqualify an attorney from rep-
resenting any party in any administrative proceeding 
under this title for either a limited term or perma-
nently, if the attorney— 
‘‘(A) engages in any action or behavior that 
is prejudicial to the fair and orderly conduct 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 proceeding. 
‘‘(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— 
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‘‘(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 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 disqualifications 
and sanctions under this section and is appropriate 
for all parties; and 
‘‘(2) distinguishes between parties that are rep-
resented by an attorney and parties that are not rep-
resented 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 amended by 
adding at the end the following: 
‘‘SEC. 436. READJUDICATING CASES INVOLVING DISCRED-
ITED EXPERT OPINIONS. 
‘‘(a) DEFINITIONS.—In this section: 
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‘‘(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 
credible by the Secretary in evaluating a claim for 
benefits under this Act. 
‘‘(2) COVERED INDIVIDUAL.—The term ‘covered 
individual’ means an individual whose record for a 
claim for benefits under this 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 this Act was still pending at 
the time of the covered individual’s death; and 
‘‘(B) who continued to seek an award with 
respect to the covered individual’s claim after the 
covered individual’s death. 
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‘‘(b) CLAIMS.—A covered individual or a covered sur-
vivor whose claim for benefits under this Act was denied 
may file a new claim for benefits under 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. 
‘‘(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, bene-
fits 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. 
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‘‘(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 indi-
vidual 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 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. 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 following: 
‘‘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 Benefits 
Improvement Act of 2022, the Secretary shall estab-
lish a payment program to pay attorneys’ fees and 
other reasonable and unreimbursed medical expenses 
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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 two years of the filing of the 
claim. 
‘‘(3) USE OF PAYMENTS FROM THE FUND.—Not-
withstanding 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 bene-
fits 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 Secretary shall, 
through the program under this section, pay such 
amounts approved. 
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‘‘(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 expenses 
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 program established under 
this section shall not pay more than a total of $4,500 
in attorneys’ fees nor more than $3,000 in medical 
expenses for any single qualifying claim. 
‘‘(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 Workers’ Com-
pensation Act (33 U.S.C. 921(d)). 
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‘‘(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 district director 
or an administrative law judge that were not paid by the 
program under this section. Nothing in this section shall 
limit or otherwise affect the Secretary’s authority to use 
amounts in the fund to pay approved attorneys’ 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: 
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‘‘(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 January 1, 
2022, at a rate equal to 371⁄2 percent of the monthly 
pay rate for Federal employees in grade GS–2, step 
1; 
‘‘(B) for the calendar year beginning on January 
1, 2022, at a rate of $8,834.01 per year, payable in 
12 equal monthly payments; and 
‘‘(C) for each calendar year thereafter, at a rate 
equal to the product of the rate in effect under this 
paragraph for the calendar year immediately pre-
ceding such calendar year multiplied by the ratio 
(not less than 1) of— 
‘‘(i) the Consumer Price Index for Urban 
Wage Earners and Clerical Workers (CPI–W, as 
published by the Bureau of Labor Statistics of 
the Department of Labor) for the calendar year 
immediately preceding such calendar year, to 
‘‘(ii) the CPI-W for the second calendar 
year preceding such calendar year.’’. 
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