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 evaluating data collected using 
continuous personal dust monitors to determine 
whether to— 
‘‘(i) lower the applicable standard for 
respirable dust concentration to protect the 
health of miners; 
‘‘(ii) increase the frequency for taking 
samples of respirable dust concentration, 
using continuous personal dust monitors; 
‘‘(iii) modify the engineering controls 
and work practices used by mine operators 
to comply with the applicable standard for 
respirable dust concentration; and 
‘‘(iv) 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 
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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 
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 
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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.— 
(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 
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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. 
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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