Title: John White Ensuring Timely Black Lung Benefits Act
Policy area: Labor and Employment

Summary:
John White Ensuring Timely Black Lung Benefits Act
This bill requires payment of black lung benefits to eligible individuals within 60 days of their eligibility determination.
Black lung disease (or pneumoconiosis) is a lung disease caused by the inhalation of coal dust. Coal miners and certain other workers (and their survivors) are eligible for benefits for disability or death caused by black lung disease arising out of coal mine employment. Generally, operators of underground coal mines are responsible for the payment of black lung benefits for their workers.
Under this bill, if operator liability has not been determined within 60 days of a worker's eligibility determination, the Department of Labor must pay the worker's benefits from the Black Lung Disability Trust Fund. (Typically, that fund pays benefits in cases where the responsible operator either no longer exists and has no successor operator or is unable to pay benefits.)
Operators that are subsequently found liable for the benefits must reimburse the fund.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6791 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6791

To amend title IV of the Federal Mine Safety and Health Act of 1977 to 
provide for the timely payment of black lung benefits pending liability 
                determinations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2022

    Mr. Rogers of Kentucky (for himself and Mr. Bishop of Georgia) 
 introduced the following bill; which was referred to the Committee on 
   Education and Labor, 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 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title IV of the Federal Mine Safety and Health Act of 1977 to 
provide for the timely payment of black lung benefits pending liability 
                determinations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John White Ensuring Timely Black 
Lung Benefits Act''.

SEC. 2. PAYMENT OF BLACK LUNG BENEFITS PENDING LIABILITY 
              DETERMINATIONS.

    (a) In General.--Section 422(h) of the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 932(h)) is amended--
            (1) by striking ``The Secretary of Labor'' and inserting 
        ``(1) The Secretary of Labor''; and
            (2) by adding at the end the following:
    ``(2)(A) In any case in which a determination of liability 
described in paragraph (1) has not been made with respect to a benefit 
determination for a miner by the date that is 60 days after the date of 
such a benefit determination, the Secretary shall pay the benefits to 
which the miner is entitled under section 422 out of the fund (as 
defined in section 402(h)).
    ``(B) In no case shall payment of benefits under this paragraph be 
construed to relieve any operator subsequently determined responsible 
for the payment of such benefits of repayment liability described in 
section 424(b).
    ``(C) For purposes of this paragraph, the term `benefit 
determination for a miner' means a determination by the Secretary that 
the miner is totally disabled due to pneumoconiosis or that the death 
of the miner was due to pneumoconiosis.''.
    (b) Authorization for Expenditures From Trust Fund.--Section 
9501(d)(1) of the Internal Revenue Code of 1986 is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) a determination of liability described in 
                paragraph (1) of section 422(h) of such Act has not 
                been made with respect to a benefit determination for a 
                miner (as defined in paragraph (2)(C) of such section) 
                by the date that is 60 days after the date of such a 
                benefit determination, or''.
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