derline positive or negative for complicated 
pneumoconiosis or progressive massive fi-
brosis (large opacities greater than or 
equal to category A of the ILO classifica-
tion) with accuracy and consistency. 
‘‘(v) BLIND READINGS.—In reading a 
radiograph to make an ILO classification, 
a B Reader shall be blinded from the ori-
gin of the radiograph. 
‘‘(B) CONTINUOUS
IMPROVEMENT.—The 
Director shall establish a process for providing 
feedback to B Readers in the B Reader Pool 
with respect to their performance in providing 
ILO classifications and provide suggestions for 
improvement. 
‘‘(c) CREATION AND MAINTENANCE OF B READER 
PANEL POOL.— 
‘‘(1) ESTABLISHMENT.—The Director shall es-
tablish a B Reader Panel Pool to be used for the B 
Reader Panel Program under this section. The Di-
rector shall solicit and select physicians who are B 
Readers for inclusion in the B Reader Panel Pool. 
‘‘(2) SELECTION AND RETENTION FOR B READ-
ERS ON B READER PANEL POOL.— 
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‘‘(A) IN GENERAL.—The Director shall es-
tablish and disclose criteria by which B Readers 
are selected and retained within the B Reader 
Panel Pool, including minimum standards of 
performance described in subparagraph (B). 
‘‘(B) MINIMUM STANDARDS OF PERFORM-
ANCE.—The minimum standards of perform-
ance for inclusion in the B Reader Panel Pool 
shall include requiring the B Reader to make 
radiograph classifications consistent with ILO 
classification criteria that are consistently with-
in acceptable norms, as established by the Di-
rector. 
‘‘(C) CONSIDERATIONS FOR SELECTION.— 
In selecting a B Reader to be included in the 
B Reader Panel Pool, the Director shall— 
‘‘(i) assess, to the maximum extent 
practicable, the prior performance of the B 
Reader in making ILO classifications; 
‘‘(ii) consult the National Practitioner 
Data Bank of the Department of Health 
and Human Services for information on 
physician suitability; and 
‘‘(iii) assess reports of adverse licen-
sure, certifications, hospital privilege, and 
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professional society actions involving the B 
Reader. 
‘‘(D) MONITORING.—The Director shall 
monitor ILO classifications conducted under 
this section to determine if any B Reader in-
cluded in the B Reader Panel Pool dem-
onstrates a pattern of providing ILO classifica-
tions that are erroneous or not consistently 
within the acceptable norms, as established by 
the Director. 
‘‘(3) PROCESS FOR REMOVAL.— 
‘‘(A) IN GENERAL.—The Director shall be 
authorized to suspend or remove any B Reader 
from the B Reader Panel Pool for— 
‘‘(i) consistently failing to meet the 
minimum standards of performance under 
paragraph (2)(B); 
‘‘(ii) breaching the code of ethics 
under subsection (b)(3)(A); or 
‘‘(iii) other disqualifying conduct, as 
established by rule or policy. 
‘‘(B) REVIEW.—The Director shall provide 
a process for a B Reader who is aggrieved by 
a decision of the Director under subparagraph 
(A) to seek review by the Secretary of Health 
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and Human Services. The review by such Sec-
retary shall not stay the suspension of the B 
Reader during the pendency of the review. 
‘‘(4) DISCLOSURE.—The Director shall make 
publicly accessible— 
‘‘(A) the names and qualifications of the B 
Readers included in the B Reader Panel Pool; 
‘‘(B) the names of B Readers who have 
been suspended or removed from the B Reader 
Panel Pool and the reasons for such suspension 
or removal; 
‘‘(C) the conflict of interest disclosure 
statements 
required 
under 
subsection 
(b)(3)(A)(ii)(II); and 
‘‘(D) any pertinent information which the 
Director determines necessary to assure trans-
parency and program integrity. 
‘‘(d) ELIGIBILITY TO REQUEST ILO CLASSIFICA-
TIONS.—Each of the following individuals may request an 
ILO classification under this section: 
‘‘(1) Claimants or operators, or their authorized 
representatives, in a claim for benefits that meets 
the requirements of subsection (b)(1)(C). 
‘‘(2) Individuals defined as adjudication officers 
by regulations of the Secretary. 
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‘‘(e) TIMING OF REPORTS.—Following the receipt of 
a written request for the classification of a chest 
radiograph, the Director shall provide a report conducted 
by a B Reader Panel— 
‘‘(1) for digital chest radiographic images, with-
in 45 days; and 
‘‘(2) for film-based chest radiographs, within 90 
days. 
‘‘(f) TESTIMONY.— 
‘‘(1) AVAILABILITY
OF
DIRECTOR
OR
DES-
IGNEE.—The Director, or a designee of the Director, 
shall be available to respond to interrogatories or ap-
pear and testify about a B Reader Panel’s conclu-
sions or the process by which B Reader Panels clas-
sify radiographs in a case under subsection 
(b)(1)(C), upon the request of a party to such case. 
‘‘(2) INTERROGATORIES AND SUBPOENAS FOR B 
READERS.—To the extent that additional informa-
tion is reasonably necessary for the full development 
of evidence pertaining to a B Reader Panel Report 
in a case under subsection (b)(1)(C), a B Reader of 
a B Reader Panel— 
‘‘(A) may be required to respond to inter-
rogatories with respect to the ILO classification 
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provided by the B Reader in the case, only if 
so ordered by an administrative law judge; and 
‘‘(B) may not be required to appear and 
testify under subpoena, unless the party making 
such request demonstrates to an administrative 
law judge that— 
‘‘(i)(I) the B Reader Panel Report is 
incomplete or lacks information that is rea-
sonably necessary for such full develop-
ment; and 
‘‘(II) if responses to interrogatories 
were ordered, the responses are unclear or 
incomplete; or 
‘‘(ii) there is an extraordinary cir-
cumstance in which additional information 
that is reasonably necessary for such full 
development is otherwise unavailable from 
the Director and can only be provided by 
such B Reader. 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) ESTABLISHMENT.—Funds necessary to es-
tablish and operate the B Reader Panel Program 
under this section shall be paid as an administrative 
cost from the fund. The Director shall consult with 
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