I 
119TH CONGRESS 
1ST SESSION H. R. 6756 
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 16, 2025 
Mr. MCGARVEY (for himself, Mr. SCOTT of Virginia, and Ms. LEE of Pennsyl-
vania) introduced the following bill; which was referred to the Committee 
on Education and Workforce, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
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. 
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 2025’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Findings. 
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 fam-
ily 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. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) The Black Lung Benefits Act (30 U.S.C. 
901 et seq.) was enacted to provide health care and 
modest benefits to coal miners who develop pneumo-
coniosis (referred to in this section as ‘‘black lung 
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address structural weaknesses in the process for ob-
taining benefits, claimants with meritorious claims 
will not receive benefits. Reforms are necessary to 
help miners and their survivors access legal rep-
resentation. 
(3) Contrary to the intent of Congress, benefits 
payments under the Black Lung Benefits Act do not 
automatically increase with the rising cost of living. 
Benefit payments are tied to the monthly pay rate 
for Federal employees in grade GS–2, step 1. In 
multiple fiscal years between 2010 and the enact-
ment of this Act, there was a pay freeze for Federal 
employees, which had the effect of eliminating cost- 
of-living adjustments for miners, surviving spouses, 
and dependents under the Black Lung Benefits Act 
during such years. Reforms are needed to ensure 
that benefits are not eroded due to inflation and are 
brought up to date to keep up with the cost of liv-
ing. 
(4) Congress intended for coal companies to 
have primary responsibility for benefits due to black 
lung disease acquired by their workers. However, be-
cause many companies have self-insured their obliga-
tions without proper collateral available and subse-
quently defaulted on those obligations, too many 
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former workers have had to rely on the public Black 
Lung Disability Trust Fund as a backstop. Reforms 
are needed to ensure that companies are prepared to 
meet their primary responsibilities and that their 
plans for self-insurance are fiscally sound. 
(5) Black lung disease has been the underlying 
or contributing cause of death of more than 78,000 
miners since 1968. After decades of decline, the inci-
dence of coal miners with black lung disease is on 
the rise, recently reaching levels not seen in 25 
years. According to the National Institute for Occu-
pational Safety and Health, miners are developing 
advanced cases of the disease at younger ages. In re-
sponse, the Department of Labor took important 
steps to combat the disease, including promulgating 
a rule in 2014 that reduced the allowed concentra-
tion of coal dust and addressed weaknesses in the 
dust sampling system. Retrospective studies should 
be continued to determine whether revisions to the 
standards are necessary to eliminate the disease. 
The Mine Safety and Health Administration of the 
Department of Labor has made clear its intent to 
issue rules around respirable crystalline silica. In the 
interim, the Mine Safety and Health Administration 
launched an enforcement initiative to protect miners 
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from the health hazards of respirable crystalline sili-
ca. Under this initiative, the Mine Safety and Health 
Administration will conduct inspections on silica 
hazards and expand silica sampling at mines. The 
Mine Safety and Health Administration will also 
provide mine operators with compliance assistance 
and best practices to limit miners’ exposure to harm-
ful silica dust. 
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, ex-
amination, 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.’’. 
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SEC. 102. CLARIFYING ELIGIBILITY FOR BLACK LUNG BEN-
EFITS. 
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, autopsy, or 
other medically accepted and relevant test or proce-
dure establishes that a miner is suffering or has suf-
fered from a chronic dust disease of the lung, diag-
nosed as complicated pneumoconiosis or progressive 
massive fibrosis (as determined in accordance with 
subparagraph 
(B)), 
then 
there 
shall 
be 
an 
irrebuttable presumption that such miner 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 fi-
brosis can be established by any of the following: 
‘‘(i) A chest radiograph, which yields one 
or more large opacities whose greatest diameter 
exceeds 1 centimeter and would be classified in 
Category A, B, or C in the International Classi-
fication of Radiographs of Pneumoconioses by 
the International Labour Organization, in the 
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absence of more probative evidence sufficient to 
establish 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 
exceeds 1 centimeter, in the absence of more 
probative evidence sufficient to establish that 
the etiology of the large opacity is not pneumo-
coniosis. 
‘‘(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. 
‘‘(iv) A diagnosis by other means that 
would reasonably be expected to yield results 
described 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 fol-
lowing: 
‘‘SEC. 435. DEVELOPMENT OF MEDICAL EVIDENCE BY THE 
SECRETARY. 
‘‘(a) COMPLETE PULMONARY EVALUATION.—Upon 
request by a claimant for benefits under this title, the Sec-
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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 (e)(5) and sec-
tions 402(f)(1)(D) and 413(b); and 
‘‘(2) if the conditions under subsection (c) are 
met, any supplemental medical evidence described in 
subsection (d). 
‘‘(b) AUTHORIZING CHEST SCANS.—In diagnosing 
whether there is complicated pneumoconiosis as a part of 
the complete pulmonary evaluation conducted under sub-
section (a), the Secretary shall authorize a high-quality, 
low-dose or standard computerized tomography scan 
where any or a combination 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. 
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‘‘(c) CONDITIONS
FOR SUPPLEMENTAL MEDICAL 
EVIDENCE.—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 
could be considered contrary to the award 
under subparagraph (A); and 
‘‘(C) the claimant or, if the claimant is 
represented by an attorney, the claimant’s at-
torney consents to the Secretary developing 
supplemental medical evidence. 
‘‘(d) PROCESS FOR SUPPLEMENTAL MEDICAL EVI-
DENCE.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), to develop supplemental medical evi-
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dence under conditions described in subsection (c), 
the Secretary shall request the physician who con-
ducted the initial report under subsection (a)(1) 
to— 
‘‘(A) review any medical evidence sub-
mitted after such report or the most recent sup-
plemental 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. 
‘‘(e) QUALIFIED PHYSICIANS FOR COMPLETE PUL-
MONARY EVALUATION
AND PROTECTIONS
FOR SUIT-
ABILITY 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). 
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‘‘(2) PUBLIC
AVAILABILITY.—The Secretary 
shall make the list under this subsection available to 
the public. 
‘‘(3) ANNUAL
EVALUATION.—Each year, the 
Secretary shall update such list by reviewing the 
suitability of the listed qualified physicians and as-
sessing any potential conflicts of interest. 
‘‘(4) CRITERIA
FOR
SUITABILITY.—The Sec-
retary shall include on the list under this subsection 
only those physicians whom the Secretary deter-
mines are qualified, capable, and willing to provide 
credible opinions consistent with the premises under-
lying this Act. In determining whether a physician 
is suitable to be on such list, the Secretary shall con-
sult the National Practitioner Data Bank of the De-
partment of Health and Human Services and assess 
reports of adverse licensure, certifications, hospital 
privilege, and 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; 
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‘‘(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 De-
partment, and to provide such disclosure to claim-
ants. Such policies and procedures shall provide that 
a physician 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 
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 
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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 bene-
fits, the operator liable for payment of benefits, if any, 
shall reimburse the fund for such expenses, which shall 
include interest.’’. 
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: 
‘‘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— 
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‘‘(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, 
intimidate, deceive, or mislead a party, representa-
tive, witness, potential witness, judge, or anyone par-
ticipating in a proceeding regarding any matter re-
lated to a proceeding under this title. 
‘‘(b) FINE; IMPRISONMENT.—Any person who en-
gages in the conduct described in subsection (a) shall, 
upon conviction, 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 
Attorney 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 com-
plaint of a violation of such subsection. 
‘‘(d) DISQUALIFICATION.— 
‘‘(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 
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disqualified from representing any party, or appear-
ing in any proceeding, under this title. 
‘‘(2) ATTORNEY DISQUALIFICATION.—In addi-
tion to the disqualification described in paragraph 
(1), the Secretary may disqualify an attorney from 
representing any party in any administrative pro-
ceeding under this title for either a limited term or 
permanently, if the attorney— 
‘‘(A) engages in any action or behavior 
that is prejudicial to the fair and orderly con-
duct 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 pro-
ceeding. 
‘‘(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— 
‘‘(1) drawing an adverse inference against the 
noncomplying party on the facts relevant to the dis-
covery or disclosure order; 
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‘‘(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 disqualifica-
tions and sanctions under this section and is appro-
priate for all parties; and 
‘‘(2) distinguishes between parties that are rep-
resented by an attorney and parties that are not 
represented 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 amend-
ed by adding at the end the following: 
‘‘SEC. 436. READJUDICATING CASES INVOLVING DISCRED-
ITED EXPERT OPINIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED CHEST RADIOGRAPH.—The term 
‘covered chest radiograph’ means a chest radiograph 
that was interpreted as negative for simple pneumo-
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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 title. 
‘‘(2) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means an individual whose record 
for a claim for benefits under this title 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) continued to seek an award with re-
spect 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 this title was denied 
may file a new claim for benefits under this title. 
‘‘(c) ADJUDICATION ON THE MERITS.— 
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‘‘(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, 
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 sub-
section (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 
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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. 
‘‘(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 
director, an administrative law judge, or the Benefits Re-
view 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 fol-
lowing: 
‘‘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 Bene-
fits Improvement Act of 2025, the Secretary shall 
establish a payment program to pay attorneys’ fees 
and other reasonable and unreimbursed medical ex-
penses incurred in establishing the claimant’s case, 
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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 2 years of the filing of the 
claim. 
‘‘(3) USE OF PAYMENTS FROM THE FUND.— 
Notwithstanding 
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 ben-
efits 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 Sec-
retary 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 ex-
penses 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 Secretary, through the 
program established under this section, shall for any 
single qualifying claim pay— 
‘‘(A) not more than a total of $4,500 in at-
torneys’ fees; and 
‘‘(B) not more than $3,000 in medical ex-
penses. 
‘‘(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 
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under section 21(d) of the Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 921(d)). 
‘‘(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 dis-
trict 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 au-
thority to use amounts in the fund to pay approved attor-
neys’ 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 Jan-
uary 1, 2026, 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, 2026, at a rate of $10,769.00 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 im-
mediately preceding such calendar year multi-
plied by the ratio (not less than 1) of— 
‘‘(i) the Consumer Price Index for 
Urban Wage Earners and Clerical Work-
ers, as published by the Bureau of Labor 
Statistics, for the calendar year imme-
diately preceding such calendar year; to 
‘‘(ii) such Consumer Price Index for 
the second calendar year preceding such 
calendar year.’’. 
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SEC. 108. DISCLOSURE OF EMPLOYMENT AND EARNINGS 
INFORMATION FOR BLACK LUNG BENEFITS 
CLAIMS. 
(a) TAX RETURN INFORMATION.— 
(1) IN GENERAL.—Section 6103(l) of the Inter-
nal 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. 
‘‘(B) RESTRICTION ON DISCLOSURE.—The 
Commissioner of Social Security shall disclose 
return information under subparagraph (A) 
only for purposes of, and to the extent nec-
essary in, carrying out the proper administra-
tion of the Black Lung Benefits Act (30 U.S.C. 
901 et seq.).’’. 
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(2) 
CONFORMING
AMENDMENTS.—Section 
6103(p)(4) of such Code is amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘or (22)’’ and inserting ‘‘(22), 
or (23)’’; and 
(B) in subparagraph (F)(ii), by striking 
‘‘or (22),’’ and inserting ‘‘(22), or (23)’’. 
(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 Workforce 
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; and 
(4) 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-
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ency of cases to less than 12 months from the date 
of receipt of the case to the date of disposition of 
such case. 
PART C—IMPROVEMENT IN THE FINANCIAL SE-
CURITY OF THE BLACK LUNG BENEFITS DIS-
ABILITY TRUST FUND 
SEC. 131. POLICIES FOR SECURING THE PAYMENT OF BEN-
EFITS. 
(a) IN GENERAL.— 
(1) INTERIM RULE.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall publish an interim final rule setting 
forth the requirements for an operator of a coal 
mine to qualify as a self-insurer with respect to any 
portion of the operator’s liabilities under the Black 
Lung Benefits Act, as described in section 423(a)(1) 
of such Act (30 U.S.C. 933(a)(1)). 
(2) FINAL RULE.—Not later than 12 months 
after the date of enactment of this Act, the Sec-
retary shall promulgate a final rule setting forth the 
requirements for an operator of a coal mine to qual-
ify as a self-insurer with respect to any portion of 
the operator’s liabilities under the Black Lung Bene-
fits Act, as described in section 423(a)(1) of such 
Act (30 U.S.C. 933(a)(1)). 
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(3) CONTENTS.—Any rule under this subsection 
shall— 
(A) establish criteria, relating to the finan-
cial health of the operator (including credit-
worthiness, long-term enterprise viability, and 
other liabilities), on which the eligibility of the 
operator to seek and maintain qualification as 
a self-insurer shall be determined; 
(B) establish procedures to determine on 
an annual basis (or more frequently, as deter-
mined necessary by the Secretary) the min-
imum amount of security sufficient to insure 
current (as of the date of the determination) 
and projected liabilities; and 
(C) establish procedures for review by the 
Secretary of operator appeals of determinations 
described in subparagraphs (A) and (B). 
(b) PENALTIES.— 
(1) IN
GENERAL.—Section 423(d)(1) of the 
Black Lung Benefits Act (30 U.S.C. 933(d)(1)) is 
amended— 
(A) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; 
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(B) by inserting ‘‘chief executive officer, 
chief operating officer,’’ after the word ‘‘presi-
dent,’’ each place it appears; 
(C) by striking ‘‘and treasurer’’ each place 
it appears and inserting ‘‘treasurer, and other 
responsible party’’; and 
(D) by striking ‘‘for any benefit’’ and all 
that follows through ‘‘this section.’’ and insert-
ing ‘‘for— 
‘‘(A) any benefit which may accrue under this 
title in respect to any disability which may occur to 
any employee of such corporation while it shall so 
fail to secure the payment of benefits as required by 
this section; or 
‘‘(B) in the event of bankruptcy or other per-
manent abandonment of the obligation to secure the 
payment of benefits, the difference between the actu-
arial 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 payment, and any se-
curity recovered or surrendered, with interest.’’. 
(2) OTHER RESPONSIBLE PARTY DEFINED.— 
Section 402 of the Black Lung Benefits Act (30 
U.S.C. 902) is amended by adding at the end the 
following: 
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‘‘(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 
indirectly, the power to direct or cause the direction 
of the management and policies of an operator or 
employer; or 
‘‘(2) any trade or business (whether or not in-
corporated) that is under common control with an 
operator or employer.’’. 
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’ 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 Programs (referred to in this section as the 
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‘‘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 Programs as of the day be-
fore 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. 
TITLE III—ADDITIONAL 
PROVISIONS 
SEC. 301. TECHNICAL AND CONFORMING AMENDMENTS. 
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) 
is amended— 
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(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 (30 U.S.C. 902)— 
(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 
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 
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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-
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 
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substantial contributions to the spouse’s support from the 
miner at the time of the miner’s death.’’; 
(C) in subsection (f)(2)— 
(i) in subparagraph (A), by inserting 
‘‘, as in effect on the day before the date 
of enactment of the Black Lung Consolida-
tion of Administrative Responsibility Act 
(Public Law 107–275)’’ after ‘‘section 
435(a)’’; and 
(ii) in subparagraph (B), by inserting 
‘‘, as in effect on the day before the date 
of enactment of the Black Lung Consolida-
tion of Administrative Responsibility Act 
(Public Law 107–275)’’ after ‘‘section 
435(b)’’; 
(D) 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’’; 
(E) in subsection (h), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; and 
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(F) 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 survivor’s claim 
filed after January 1, 2005, that is pending on or 
after March 23, 2010, where the miner is found en-
titled 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 
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(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 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 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, 
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benefits shall be paid to the miner’s surviving spouse at 
the rate the deceased miner would receive such benefits 
if the miner 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— 
‘‘(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 on a 
claim filed under part C; 
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‘‘(iii) of a miner who is found entitled to receive 
benefits on a 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 
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 on a claim filed under part C, 
(iii) who is found entitled to receive 
benefits on a claim filed under part C 
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before January 1, 1982, or (iv) in a 
claim filed under part C before Janu-
ary 1, 1982, who was totally disabled 
by pneumoconiosis at the time of the 
miner’s death; in the case of the de-
pendent surviving brother(s) or sis-
ter(s) of such a miner who is not sur-
vived at the time of the miner’s death 
by a surviving spouse, child, or par-
ent; in the case of the dependent par-
ent or parents of such a miner (who 
is not survived at the time of the min-
er’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 sis-
ter(s) of such a miner (who is not sur-
vived at the time of the miner’s death 
by a surviving spouse, child, or par-
ent) 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 
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rate specified in paragraph (3) (as if 
such parent(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 ‘‘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 
(iv) in paragraph (6), by striking 
‘‘prescribed by him’’ and inserting ‘‘pre-
scribed by the 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)— 
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(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)— 
(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))— 
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(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 ‘‘the 
Secretary’’; and 
(ii) by striking ‘‘him’’ and inserting 
‘‘the 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 
‘‘the Secretary’’; and 
(ii) in subparagraph (F), by striking 
‘‘promulgated by him’’ and inserting ‘‘pro-
mulgated by the 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 
‘‘the Secretary’’; 
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(B) in subsection (c), by inserting ‘‘, as in 
effect on the day before the date of enactment 
of the Black Lung Consolidation of Administra-
tive Responsibility Act (Public Law 107–275)’’ 
after ‘‘section 435’’; 
(C) in subsection (i)(4), by striking ‘‘Inter-
nal Revenue Code of 1954’’ and inserting ‘‘In-
ternal Revenue Code of 1986’’; and 
(D) in subsection (j)— 
(i) by striking ‘‘Internal Revenue 
Code of 1954’’ each place it appears and 
inserting 
‘‘Internal 
Revenue 
Code 
of 
1986’’; and 
(ii) in paragraph (3), by inserting ‘‘, 
as in effect on the day before the date of 
enactment of the Black Lung Consolida-
tion of Administrative Responsibility Act 
(Public Law 107–275)’’ after ‘‘section 
435’’; 
(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))— 
(A) in the matter following subparagraph 
(B) of paragraph (1), by striking ‘‘him’’ and in-
serting ‘‘such operator’’; 
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(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 
(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)— 
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