SEC. 2. AMENDMENTS TO THE BENEFITS PROCESS FOR 
SURVIVORS 
OF 
MINERS 
WHOSE 
DEATHS 
WERE DUE TO PNEUMOCONIOSIS. 
(a) REBUTTABLE PRESUMPTIONS FOR A DEATH DUE 
TO PNEUMOCONIOSIS.— 
(1) REBUTTABLE
PRESUMPTION
FOR
A
DE-
CEASED MINER EMPLOYED FOR NOT LESS THAN 10 
YEARS IN A COAL MINE.—Section 411(c)(2) of the 
Black Lung Benefits Act (30 U.S.C. 921(c)(2)) is 
amended by striking the second sentence and insert-
ing ‘‘The presumption under this paragraph may be 
rebutted only by establishing that no part of the 
death of such miner was caused by pneumo-
coniosis.’’. 
(2) REBUTTABLE
PRESUMPTION
FOR
A
DIS-
ABILITY DUE TO PNEUMOCONIOSIS.—Section 411(c) 
of the Black Lung Benefits Act (30 U.S.C. 921(c)) 
is amended by adding at the end the following: 
‘‘(6) If a deceased miner was totally disabled 
due to pneumoconiosis during the life of such miner 
and does not meet the requirements for an 
irrebuttable presumption under paragraph (3), there 
shall be a rebuttable presumption that the miner’s 
death was due to pneumoconiosis. The presumption 
under this paragraph may be rebutted only by estab-
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lishing that no part of the death of such miner was 
caused by pneumoconiosis.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by paragraphs (1) and (2) shall apply with respect 
to claims that are— 
(A) filed under part C of the Black Lung 
Benefits Act (30 U.S.C. 931 et seq.) on or after 
the date that is 5 years before the date of en-
actment of this Act; and 
(B) pending on or after the date of enact-
ment of this Act. 
(b) CONFORMING AMENDMENT REGARDING
THE 
TERM RESPIRABLE.—Section 411(c)(2) of the Black 
Lung Benefits Act (30 U.S.C. 921(c)(2)), as amended by 
section 2(a)(1), is further amended by striking ‘‘res-
pirable’’ and inserting ‘‘respiratory’’. 
(c) RESTORING CERTAIN PRE-1981 PROVISIONS RE-
GARDING
TOTAL
DISABILITY
DUE
TO
PNEUMO-
CONIOSIS.— 
(1) IN GENERAL.—The Black Lung Benefits 
Act is amended— 
(A) in section 401(a) (30 U.S.C. 901(a))— 
(i) by striking ‘‘this disease;’’ and in-
serting ‘‘this disease or who were totally 
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disabled by this disease at the time of their 
deaths;’’; and 
(ii) by inserting ‘‘or who were totally 
disabled by this disease at the time of their 
deaths’’ after ‘‘such disease’’; and 
(B) in section 411(a) (30 U.S.C. 921(a)), 
by striking ‘‘, except’’ and all that follows 
through ‘‘of 1981,’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to claims 
that are— 
(A) filed under part C of the Black Lung 
Benefits Act (30 U.S.C. 931 et seq.) on or after 
the date that is 5 years before the date of en-
actment of this Act; and 
(B) pending on or after the date of enact-
ment of this Act. 
(d) ATTORNEYS’ FEES
AND MEDICAL EXPENSES 
PAYMENT 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.— 
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‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Relief for Sur-
vivors of Miners Act of 2023, the Secretary shall es-
tablish a payment program to pay attorneys’ fees 
and other reasonable and unreimbursed medical ex-
penses 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 one year 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.— 
‘‘(A) APPROVAL.—If a claimant for bene-
fits 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 adminis-
trative law judge— 
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‘‘(i) the district director may approve 
attorneys’ fees for work done before such 
director in an amount not to exceed 
$1,500; and 
‘‘(ii) the administrative law judge may 
approve attorneys’ fees for work done be-
fore such judge in an amount not to exceed 
$3,000. 
‘‘(B) PAYMENT.—The Secretary shall, 
through the program under this section, pay 
any amounts approved under subparagraph (A). 
‘‘(2) MEDICAL EXPENSES.— 
‘‘(A) APPROVAL.—If a claimant for bene-
fits 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 adminis-
trative law judge, such district director and ad-
ministrative law judge may each approve an 
award, in an amount not to exceed $1,500, to 
the claimant’s attorney of reasonable and unre-
imbursed medical expenses incurred in estab-
lishing the claimant’s case. 
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‘‘(B) PAYMENT.—The Secretary shall, 
through the program under this section, pay 
any amounts approved under subparagraph (A). 
‘‘(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 
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 or medical expenses award-
ed 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 
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approved attorneys’ fees in claims for benefits under this 
title for which a final order awarding compensation has 
been entered and the operator is unable to pay. 
‘‘(e) NO RECOUPMENT OF ATTORNEYS’ FEES.—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. 3. REPORTS BY THE GOVERNMENT ACCOUNTABILITY 
OFFICE. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall— 
(1) carry out a review of interim benefit pay-
ments under the Black Lung Benefits Act (30 
U.S.C. 901 et seq.) for miners and survivors who 
have submitted a claim for benefits under such Act 
and are waiting for a final determination, includ-
ing— 
(A) an examination of the financial impact 
on beneficiaries of such payments in the case 
the claims of such beneficiaries are denied and 
the payments are recouped; 
(B) a study of the impact that the stress 
caused by such recoupment, or the threat of 
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such recoupment, has on beneficiaries of such 
payments; and 
(C) a study of the financial impact on the 
Federal Government and taxpayers of the proc-
ess for recouping such interim benefit payments 
in the case of claims that are denied; 
(2) carry out a review of benefit payments for 
miners and survivors under the Black Lung Benefits 
Act (30 U.S.C. 901 et seq.), including— 
(A) an examination of whether such pay-
ments are sufficient to meet the expenses of 
such miners and survivors; 
(B) an examination of the economic impact 
of a possible increase in the amount of benefit 
payments for such miners and survivors; and 
(C) based on such examination, rec-
ommendations on the amount of benefit pay-
ments that such miners and survivors should 
receive; 
(3) carry out a review that examines the impact 
of a possible change to regulations of the Secretary 
of Labor to permit a survivor of a miner to, after 
a final determination of benefits under the Black 
Lung Benefits Act (30 U.S.C. 901 et seq.) is made 
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with respect to such survivor, file a subsequent claim 
for benefits under such Act; and 
(4) submit to Congress reports on the results of 
the reviews under paragraphs (1), (2), and (3). 
Æ 
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