Title: Black Lung Benefits Improvement Act of 2022
Policy area: Labor and Employment

Summary:
Black Lung Benefits Improvement Act of 2021
This bill revises requirements for miners' claims for pneumoconiosis (black lung disease) benefits.
Specifically, the bill requires the Department of Labor to
The bill also requires the Government Accountability Office to report on barriers to health care faced by coal miners with black lung disease.
The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year.
The bill prohibits a person from (1) knowingly and willfully making a false statement or misrepresentation in increasing or reducing black lung disease benefits, or (2) threatening or misleading a participant in a proceeding regarding such benefits.
Further, the bill revises (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung disease, and (2) payments to such miners.
Lastly, the bill provides statutory authority for the Office of Workers' Compensation Programs.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6102 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 6102

 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 1, 2021

 Mr. Cartwright (for himself and Mr. Scott of Virginia) 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 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 Representatives 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 2021''.

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. Mandatory disclosure of medical information and reports.
Sec. 102. Attorneys' fees and medical expenses payment program.
Sec. 103. Clarifying eligibility for black lung benefits.
Sec. 104. Restoring adequate benefit adjustments for miners suffering 
                            from black lung disease and for their 
                            dependent family members.
Sec. 105. Treatment of evidence in equipoise.
Sec. 106. Providing assistance with claims for miners and their 
                            dependent family members.
Sec. 107. False statements or misrepresentations, attorney 
                            disqualification, and discovery sanctions.
Sec. 108. Development of medical evidence by the Secretary.
Sec. 109. Medical evidence training program.
Sec. 110. Technical and conforming amendments.
Sec. 111. Readjudicating cases involving certain chest radiographs.
Sec. 112. 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.
Sec. 122. GAO report on black lung program.
    Part C--Improvement in the Financial Security of the Black Lung 
                     Benefits Disability Trust Fund

Sec. 131. Regulations for self-insurance.
  TITLE II--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS

Sec. 201. Office of Workers' Compensation Programs.
                        TITLE III--SEVERABILITY

Sec. 301. Severability.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Black lung disease has been the underlying or 
        contributing cause of death of more than 79,000 miners since 
        1968. 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 pneumoconiosis (referred to in this section 
        as ``black lung disease'') resulting from exposure to coal mine 
        dust during their employment. Yet the determination of a 
        claimant's eligibility for these benefits often requires 
        complex, adversarial litigation. Resource disparities between 
        coal companies and claimants are widespread within the 
        statutory and regulatory framework of such Act. Comprehensive 
        reforms are necessary to ensure that coal miners are not at a 
        disadvantage when filing claims for benefits.
            (2) The Government Accountability Office has found that 
        many claimants under the Black Lung Benefits Act are not 
        equipped with the medical and legal resources necessary to 
        develop evidence to meet the requirements for benefits. Miners 
        often lack complete and reliable medical evidence, consequently 
        increasing the risk that the individuals who review claims for 
        benefits will be presented with insufficient medical evidence. 
        Similarly, without better options for legal representation, 
        significant numbers of claimants proceed with their claims 
        through a complex and potentially long administrative process 
        without resources that Department of Labor officials and black 
        lung disease experts note are important for developing evidence 
        and supporting their claims. In 2020, only 42 percent of 
        claimants were represented by an attorney during the initial 
        claims determination. Absent efforts to remedy administrative 
        problems and address structural weaknesses in the process for 
        obtaining benefits, claimants with meritorious claims will not 
        receive benefits.
            (3) Full exchange and disclosure between the parties of 
        relevant medical information is essential for fair adjudication 
        of claims under the Black Lung Benefits Act, regardless of 
        whether the parties intend to submit such information into 
        evidence. Records of adjudications reveal that some mine 
        operators' legal representatives have withheld relevant 
        evidence from claimants, administrative law judges, and, in 
        some cases, even their own medical experts. In several cases, 
        the disclosure of such evidence would have substantiated a 
        miner's claim for benefits. Withholding medical information can 
        endanger miners by depriving them of important information 
        about their own health and the potential need to seek medical 
        treatment.
            (4) Given the remedial nature of the Black Lung Benefits 
        Act, when an adjudicator determines that evidence is evenly 
        balanced, it is appropriate for any resulting doubt to be 
        resolved in favor of the claimant. The Supreme Court vacated 
        this longstanding legal principle, not on substantive grounds, 
        but because its application conflicted with the requirements of 
        another statute. Such principle needs to be reinstated in the 
        Black Lung Benefits Act because it provides fairness and 
        improves the administration of benefits.
            (5) Physicians who read lung x-rays as part of pulmonary 
        assessments used in proceedings for claims under the Black Lung 
        Benefits Act are required to demonstrate competency in 
        classifying chest radiographs by becoming certified as B 
        Readers by the National Institute for Occupational Safety and 
        Health (referred to in this section as ``NIOSH''). However, 
        investigations have uncovered that there are NIOSH-certified B 
        Readers who have systematically misclassified chest radiographs 
        while employed by coal operators or their law firms for the 
        purpose of opposing claims under such Act. In response, the 
        Department of Labor has directed claims examiners ``not to 
        credit negative chest x-ray readings for pneumoconiosis'' by 
        one widely used physician employed at a prominent medical 
        center unless the conclusions of such physician ``have been 
        rehabilitated''. Where chest radiographs are needed to 
        establish entitlement to benefits, claimants should have access 
        to accurate interpretations so as to ensure the fair 
        adjudication of such claims.
            (6) Since survivors were denied benefits on claims under 
        the Black Lung Benefits Act that involved the consideration of 
        chest radiograph interpretations rendered by a certain 
        physician whose interpretations have since been determined by 
        the Department of Labor to be generally not worthy of credit, 
        such survivors should be permitted to file a new claim for 
        benefits under such Act. However, a survivor is effectively 
        barred from filing a new claim one year after a decision 
        regarding such benefits is final, constituting an injustice 
        that merits a remedy.
            (7) Benefit 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 2011 through 2013, 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.
            (8) A competent assessment of medical information and 
        testimony, which often involves multiple physicians disputing a 
        diagnosis, is necessary in determining whether to award 
        benefits under the Black Lung Benefits Act. To ensure that a 
        determination regarding a claim for benefits under such Act is 
        fair and accurate, regular training is needed regarding--
                    (A) developments in pulmonary medicine relating to 
                black lung disease;
                    (B) medical evidence necessary to sustain claims 
                for such benefits; and
                    (C) the proper weight to be given to conflicting 
                evidence.
            (9) To eliminate an avoidable delay in evaluating claims 
        under such Act, the Department of Labor's Inspector General has 
        recommended legislation that would authorize the Department of 
        Labor to have electronic access to miners' earning records held 
        by the Social Security Administration.

                      TITLE I--BLACK LUNG BENEFITS

 PART A--IMPROVING THE PROCESS FOR FILING AND ADJUDICATING CLAIMS FOR 
                                BENEFITS

SEC. 101. MANDATORY DISCLOSURE OF MEDICAL INFORMATION AND REPORTS.

    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. MANDATORY MEDICAL INFORMATION DISCLOSURE.

    ``(a) Report.--In any claim for benefits under this title, an 
operator that requires a miner to submit to a medical examination 
regarding the miner's respiratory or pulmonary condition shall timely 
deliver to the claimant a complete copy of the resulting medical 
information. The medical information shall--
            ``(1) be in writing;
            ``(2) set out in detail the findings of any examining or 
        non-examining physician, including any diagnoses and 
        conclusions, the results of any diagnostic imaging tests, and 
        any other tests performed on the miner; and
            ``(3) be delivered not later than 30 days after the 
        operator or operator's agent has received the medical 
        information and, in the case of medical information received 
        after a claim is already scheduled for hearing before an 
        administrative law judge, not later than 20 days before the 
        scheduled hearing is held.
    ``(b) Disclosure.--
            ``(1) In general.--In any claim for benefits under this 
        title, each party shall provide all other parties in the 
        proceeding with a copy of all medical information developed 
        regarding the miner's physical condition relating to such 
        claim, even if the party does not intend to submit the 
        information as evidence.
            ``(2) Definition of medical information.--For purposes of 
        paragraph (1), the term `medical information'--
                    ``(A) shall include the opinion of any examining or 
                non-examining physician's assessment of the miner, the 
                results of any medical tests or procedures, and any 
                physician's or other medical professional's 
                interpretations of those tests or procedures; and
                    ``(B) shall not include--
                            ``(i) any record of a miner's 
                        hospitalization or other medical treatment; or
                            ``(ii) any communication from a party's 
                        representative to a medical expert.
    ``(c) Regulations.--The Secretary shall promulgate regulations 
regarding the disclosure of medical information under this section, and 
such regulations may establish sanctions for noncompliance with this 
section.''.

SEC. 102. ATTORNEYS' FEES AND MEDICAL EXPENSES PAYMENT PROGRAM.

    Part A of the Black Lung Benefits Act (30 U.S.C. 901 et seq.), as 
amended by section 101, is further amended by adding at the end the 
following:

``SEC. 404. ATTORNEYS' FEES AND MEDICAL EXPENSES PAYMENT PROGRAM.

    ``(a) Program Established.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Black Lung Benefits Improvement Act of 
        2021, the Secretary shall establish a payment program to pay 
        attorneys' fees and other reasonable and unreimbursed medical 
        expenses 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.--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, 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 Secretary shall, through the 
        program under this section, pay such amounts approved.
            ``(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 attorney of reasonable and unreimbursed medical 
        expenses 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 program established under this section 
        shall not pay more than a total of $4,500 in attorneys' fees 
        nor more than $3,000 in medical expenses for any single 
        qualifying claim.
    ``(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 Workers' 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 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 approved attorneys' 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. 103. CLARIFYING ELIGIBILITY FOR BLACK LUNG BENEFITS.

    Section 411(c) of the Black Lung Benefits Act (30 U.S.C. 921(c)) is 
amended by striking paragraphs (3) and (4) and inserting the following:
            ``(3)(A) If x-ray, CT scan, biopsy, autopsy, or other 
        medically accepted and relevant test or procedure establishes 
        that a miner is suffering or has suffered from a chronic dust 
        disease of the lung, diagnosed 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), complicated 
        pneumoconiosis or progressive massive fibrosis 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 Classification of Radiographs of 
                Pneumoconiosis by the International Labor Organization, 
                in the 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 pneumoconiosis.
                    ``(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).
            ``(4) If a miner was employed for 15 years or more in one 
        or more coal mines, and if there is a chest radiograph 
        submitted in connection with the claim under this title of such 
        miner or such miner's surviving spouse, child, parent, brother, 
        sister, or dependent and it is interpreted as negative with 
        respect to the requirements of paragraph (3), and if other 
        evidence demonstrates the existence of a totally disabling 
        respiratory or pulmonary impairment, then there shall be a 
        rebuttable 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. In the case of a living 
        miner, a spouse's affidavit may not be used by itself to 
        establish the presumption under this paragraph. The presumption 
        under this paragraph may be rebutted only by establishing that 
        such miner does not, or did not, have pneumoconiosis, or that 
        no part of such miner's respiratory or pulmonary impairment or 
        death was caused by pneumoconiosis.''.

SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS FOR MINERS SUFFERING 
              FROM BLACK LUNG DISEASE AND FOR THEIR DEPENDENT FAMILY 
              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:
            ``(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 January 1, 
                2020, at a rate equal to 37\1/2\ percent of the monthly 
                pay rate for Federal employees in grade GS-2, step 1;
                    ``(B) for the calendar year beginning on January 1, 
                2021, at a rate of $8,643.85 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 immediately preceding 
                such calendar year multiplied by the ratio (not less 
                than 1) of--
                            ``(i) the Consumer Price Index for Urban 
                        Wage Earners and Clerical Workers (CPI-W, as 
                        published by the Bureau of Labor Statistics of 
                        the Department of Labor) for the calendar year 
                        immediately preceding such calendar year, to
                            ``(ii) the CPI-W for the second calendar 
                        year preceding such calendar year.''.

SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE.

    Section 422 of the Black Lung Benefits Act (30 U.S.C. 932) is 
amended by adding at the end the following:
    ``(m) In determining the validity of a claim under this title, an 
adjudicator who finds that the evidence is evenly balanced on an issue 
shall resolve any resulting doubt in the claimant's favor and find that 
the claimant has met the burden of persuasion on such issue.''.

SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MINERS AND THEIR 
              DEPENDENT FAMILY MEMBERS.

    Section 427(a) of the Black Lung Benefits Act (30 U.S.C. 937(a)) is 
amended by striking ``the analysis, examination, 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.''.

SEC. 107. FALSE STATEMENTS OR MISREPRESENTATIONS, ATTORNEY 
              DISQUALIFICATION, AND DISCOVERY 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 DISCOVERY SANCTIONS.

    ``(a) In General.--No person, including any claimant, physician, 
operator, duly authorized agent of such operator, or employee of an 
insurance carrier, shall--
            ``(1) knowingly and willfully make a false statement or 
        misrepresentation for the purpose of obtaining, increasing, 
        reducing, denying, or terminating benefits under this title; or
            ``(2) knowingly and willfully threaten, coerce, intimidate, 
        deceive, or mislead a party, representative, witness, potential 
        witness, judge, or anyone participating in a proceeding 
        regarding any matter related to a proceeding under this title.
    ``(b) Fine; Imprisonment.--Any person who engages 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 complaint of a violation of such subsection.
    ``(d) Disqualification.--
            ``(1) In general.--An attorney or expert witness who 
        engages in the conduct described in subsection (a) shall, in 
        addition to the fine or imprisonment provided under subsection 
        (b), be permanently disqualified from representing any party, 
        or appearing in any proceeding, under this title.
            ``(2) Attorney disqualification.--In addition to the 
        disqualification described in paragraph (1), the Secretary may 
        disqualify an attorney from representing any party in any 
        administrative proceeding 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 conduct 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 proceeding.
    ``(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 discovery or disclosure 
        order;
            ``(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 regulations 
that--
            ``(1) provide procedures for the disqualifications and 
        sanctions under this section and are appropriate for all 
        parties; and
            ``(2) distinguish between parties that are represented by 
        an attorney and parties that are not represented by an 
        attorney.''.

SEC. 108. 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 following:

``SEC. 435. DEVELOPMENT OF MEDICAL EVIDENCE BY THE SECRETARY.

    ``(a) Complete Pulmonary Evaluation.--Upon request by a claimant 
for benefits under this title, the Secretary shall provide the claimant 
an opportunity to substantiate the claim through a complete pulmonary 
evaluation of the miner that shall include--
            ``(1) an initial report, conducted by a qualified physician 
        on the list provided under subsection (d), and in accordance 
        with subsection (d)(5) and sections 402(f)(1)(D) and 413(b); 
        and
            ``(2) if the conditions under subsection (b) are met, any 
        supplemental medical evidence described in subsection (c).
    ``(b) Diagnosing Complicated Pneumoconiosis.--In diagnosing whether 
there is complicated pneumoconiosis as a part of a medical examination 
conducted under subsection (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 
        advanced pneumoconiosis (ILO category 1/0 or greater) and an 
        examiner preparing a report under section 413(b) determines, in 
        the exercise of clinical judgment, that the miner presents 
        symptomatology of advanced pneumoconiosis to a greater extent 
        than indicated by the chest radiograph.
            ``(2) Any certified Long of a chest radiograph associated 
        with an exam conducted under section 413(b) finds a coalescence 
        of small opacities.
    ``(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 recommends 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 attorney 
                consents to the Secretary developing supplemental 
                medical evidence.
    ``(d) Process for Supplemental Medical Evidence.--
            ``(1) In general.--Except as provided under paragraph (2), 
        to develop supplemental medical evidence under conditions 
        described in subsection (c), the Secretary shall request the 
        physician who conducted the initial report under subsection 
        (a)(1) to--
                    ``(A) review any medical evidence submitted after 
                such report or the most recent supplemental report, as 
                appropriate; and
                    ``(B) update his or her opinion in a supplemental 
                report.
            ``(2) Alternative physician.--If such physician is no 
        longer available or is unwilling to provide supplemental 
        medical evidence under paragraph (1), the Secretary shall 
        select another qualified physician to provide such evidence.
    ``(e) Qualified Physicians for Complete Pulmonary Evaluation and 
Protections for Suitability and Potential Conflicts of Interest.--
            ``(1) Qualified physicians list.--The Secretary shall 
        create and maintain a list of qualified physicians to be 
        selected by a claimant to perform the complete pulmonary 
        evaluation described in subsection (a).
            ``(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 assessing any potential conflicts of 
        interest.
            ``(4) Criteria for suitability.--The Secretary shall 
        include on the list only those physicians whom the Secretary 
        determines are qualified, capable, and willing to provide 
        credible opinions consistent with the premises underlying this 
        Act. In determining whether a physician is suitable to be on 
        the list under this subsection, the Secretary shall consult the 
        National Practitioner Data Bank of the Department 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 medicine in 
                any State or any territory, commonwealth, or possession 
                of the United States;
                    ``(B) whose license is revoked by a medical 
                licensing board of any State, territory, commonwealth, 
                or possession of the United States; or
                    ``(C) whose license is suspended by a medical 
                licensing board of any State, territory, commonwealth, 
                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 interest of qualified physicians on 
        the list under this subsection, including both individual and 
        organizational conflicts of interest, are disclosed to the 
        Department, and to provide such disclosure to claimants. Such 
        policies and procedures shall provide that a physician with a 
        conflict of interest 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 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 benefits, the operator liable for 
payment of benefits, if any, shall reimburse the fund for such 
expenses, which shall include interest.''.

SEC. 109. MEDICAL EVIDENCE TRAINING PROGRAM.

    Part C of the Black Lung Benefits Act (30 U.S.C. 931 et seq.), as 
amended by section 108, is further amended by adding at the end the 
following:

``SEC. 436. MEDICAL EVIDENCE TRAINING PROGRAM.

    ``(a) In General.--Not later than 60 days after the date of 
enactment of the Black Lung Benefits Improvement Act of 2021, the 
Secretary, in coordination with the National Institute for Occupational 
Safety and Health, shall establish and implement a training program, to 
provide education on issues relating to medical evidence relevant to 
claims for benefits under this title, to each of the following 
individuals who engage in work under this title:
            ``(1) District directors.
            ``(2) Claims examiners working under such directors.
            ``(3) Administrative law judges and attorneys supporting 
        such judges.
            ``(4) Members of the Benefits Review Board established 
        under section 21(b) of the Longshore and Harbor Workers' 
        Compensation Act (33 U.S.C. 921(b)) and attorneys supporting 
        such members.
Training programs for individuals listed in subsections (3) and (4) 
shall be conducted separately from each other and separately from 
individuals listed in subsections (1) and (2).
    ``(b) Training Program Topics.--The training program under this 
section shall provide an overview of topics that include--
            ``(1) new developments in pulmonary medicine relating to 
        pneumoconiosis;
            ``(2) medical evidence, and other relevant evidence, 
        sufficient to support a claim for benefits under this title; 
        and
            ``(3) weighing conflicting medical evidence and testimony 
        concerning eligibility for such benefits.
    ``(c) Timing of Training.--
            ``(1) Individuals hired or appointed prior to the black 
        lung benefits improvement act of 2021.--Any individual 
        described in paragraphs (1) through (4) of subsection (a) who 
        was hired or appointed prior to the date of enactment of the 
        Black Lung Benefits Improvement Act of 2021 shall complete the 
        training program under this section not later than 60 days 
        after the establishment of such program under subsection (a) 
        and not less than annually thereafter.
            ``(2) Individuals hired or appointed after the black lung 
        benefits improvement act of 2021.--Any individual described in 
        paragraphs (1) through (4) of subsection (a) who is not 
        described in paragraph (1) shall complete the training program 
        under this section not later than 60 days after such individual 
        is hired or appointed and not less than annually thereafter.''.

SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.

    The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended--
            (1) in section 401(a) (30 U.S.C. 901(a)), by inserting ``or 
        who were found to be totally disabled by such disease'' after 
        ``such disease'';
            (2) in section 402--
                    (A) in subsection (a), by striking paragraph (2) 
                and inserting the following:
            ``(2) a spouse who is a member of the same household as the 
        miner, or is receiving regular contributions 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 requirements 
        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 receiving at least one-half of his or her 
        support, as determined 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 order for substantial 
        contributions to the spouse's support from such miner.'';
                    (B) by striking subsection (e) and inserting 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, 
subparagraph (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 
celebrated. 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 
substantial contributions from the miner (pursuant to a written 
agreement) or there was in effect a court order for substantial 
contributions to the spouse's support from the miner at the time of the 
miner's death.'';
                    (C) 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'';
                    (D) in subsection (h), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986''; and
                    (E) 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 inserting the 
                following:
    ``(a) The Secretary shall, in accordance with the provisions 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 pneumoconiosis;
            ``(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 entitled 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
                    (B) in subsection (c)--
                            (i) in paragraph (1), by striking ``his 
                        pneumoconiosis'' and inserting ``the miner'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 inserting 
                        the following:
    ``(2) In the case of a surviving spouse--
            ``(A) of a miner whose death is due to pneumoconiosis;
            ``(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 January 1, 1982; or
            ``(D) in a claim filed under part C before January 1, 1982, 
        of a miner who was totally disabled by pneumoconiosis at the 
        time of the miner's death,
benefits shall be paid to the miner's surviving spouse at the rate the 
deceased miner would receive such benefits if he 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 
                                subparagraph (B)'';
                                    (II) by striking ``he'' each place 
                                it appears and inserting ``the child'';
                                    (III) by striking ``widow'' each 
                                place it appears and inserting 
                                ``surviving spouse''; and
                                    (IV) by adding at the end the 
                                following:
    ``(B) Subparagraph (A) shall apply in the case of any child or 
children--
            ``(i) of a miner whose death is due to pneumoconiosis;
            ``(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;
            ``(iii) of a miner who is found entitled to receive 
        benefits on a claim filed under part C before January 1, 1982;
            ``(iv) in a claim filed under part C before January 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 parents 
                                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 before January 
                                1, 1982, or (iv) in a claim filed under 
                                part C before January 1, 1982, who was 
                                totally disabled by pneumoconiosis at 
                                the time of the miner's death; in the 
                                case of the dependent surviving 
                                brother(s) or sister(s) of such a miner 
                                who is not survived at the time of the 
                                miner's death by a surviving spouse, 
                                child, or parent; in the case of the 
                                dependent parent or parents of a miner 
                                (who is not survived at the time of the 
                                miner'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 
                                sister(s) of a miner (who is not 
                                survived at the time of the miner's 
                                death by a surviving spouse, child, or 
                                parent) 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 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 
                                        ``brother 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 
                        ``prescribed by such Secretary'';
                    (B) in subsection (b)--
                            (i) by striking ``his'' each place it 
                        appears 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)--
                    (A) in subsection (b)--
                            (i) in the second sentence, by striking 
                        ``his wife's affidavits'' and inserting 
                        ``affidavits 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 
                        inserting ``the miner's death'';
            (7) in section 415(a) (30 U.S.C. 925(a))--
                    (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 ``such 
                        Secretary''; and
                            (ii) by striking ``him'' and inserting 
                        ``such 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 subparagraph 
                        (A), by striking ``he'' and inserting ``such 
                        Secretary''; and
                            (ii) in subparagraph (F), by striking 
                        ``promulgated by him'' and inserting 
                        ``promulgated by such 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 
                        ``such Secretary'';
                    (B) in subsection (i)(4), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986''; and
                    (C) in subsection (j), by striking ``Internal 
                Revenue Code of 1954'' each place it appears and 
                inserting ``Internal Revenue Code of 1986'';
            (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 inserting ``such 
                operator'';
                    (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 
                                Secretary''; and
                                    (II) by striking ``his'' and 
                                inserting ``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)--
                    (A) by striking ``1977 and'' and inserting 
                ``1977,''; and
                    (B) by striking ``1981'' and inserting ``1981, and 
                the Black Lung Benefits Improvement Act of 2021, and 
                any amendments made after the date of enactment of such 
                Act,''.

SEC. 111. READJUDICATING CASES INVOLVING CERTAIN CHEST RADIOGRAPHS.

    (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 pneumoconiosis, 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 the Black Lung 
        Benefits Act (30 U.S.C. 901 et seq.).
            (2) Covered individual.--The term ``covered individual'' 
        means an individual whose record for a claim for benefits under 
        the Black Lung Benefits Act 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 the Black Lung Benefits Act was still 
                pending at the time of the covered individual's death; 
                and
                    (B) who continued to seek an award with respect to 
                the covered individual's claim after the covered 
                individual's death.
    (b) Claims.--A covered individual or a covered survivor whose claim 
for benefits under the Black Lung Benefits Act (30 U.S.C. 901 et seq.) 
was denied prior to the enactment of this Act may file a new claim for 
benefits under this Act not later than one year after the date of 
enactment of this Act.
    (c) Adjudication on the Merits.--
            (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 subsection (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 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 Review Board established under section 21(b) of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)).

SEC. 112. DISCLOSURE OF EMPLOYMENT AND EARNINGS INFORMATION FOR BLACK 
              LUNG BENEFITS CLAIMS.

    (a) Tax Return Information.--
            (1) In general.--Section 6103(l) of the Internal 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 the 
                extent necessary in, carrying out the proper 
                administration of the Black Lung Benefits Act (30 
                U.S.C. 901 et seq.).''.
            (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 information of living or deceased 
individuals who are the subject 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 ADMINISTRATION OF BENEFITS UNDER THE 
                        BLACK LUNG BENEFITS ACT

SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICATION.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Labor shall submit to the Committee on 
Health, Education, Labor, and Pensions and the Committee on 
Appropriations of the Senate and the Committee on Education and Labor 
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 
Department 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 efficiency 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 necessary resources 
        needed to reduce the average pendency of cases to less than 12 
        months from the date of receipt of the case to the date of 
        disposition of such case.

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 Labor of the House of 
Representatives a report on any barriers to health care faced by coal 
miners with pneumoconiosis.
    (b) Contents.--The report required under subsection (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 access 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 payments 
        authorized under such Act, as amended by this Act, are 
        sufficient to meet the expenses of disabled miners, surviving 
        spouses, dependents, and other family members entitled to 
        receive benefits under the Black Lung Benefits Act.

    PART C--IMPROVEMENT IN THE FINANCIAL SECURITY OF THE BLACK LUNG 
                     BENEFITS DISABILITY TRUST FUND

SEC. 131. REGULATIONS FOR SELF-INSURANCE.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary 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 any portion of the operator's liabilities under 
the Black Lung Benefits Act, as described in section 423(a)(1) of such 
Act. Such requirements shall--
            (1) establish initial criteria, relating to the financial 
        health of the operator, on which the eligibility of the 
        operator to seek qualification as a self-insurer shall be 
        determined; and
            (2) establish procedures to determine the minimum amount of 
        assets of the operator sufficient to secure such liabilities.

  TITLE II--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS

SEC. 201. OFFICE OF WORKERS' COMPENSATION PROGRAMS.

    (a) Establishment.--There shall be established, in the Department 
of Labor, an Office of Workers' Compensation Programs (referred to in 
this section as the ``Office'').
    (b) Director.--
            (1) In general.--The Office shall be directed by a Director 
        for the Office of Workers' Compensation (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 functions of the Office on 
the day before the date of enactment of this Act, including all of its 
personnel, assets, authorities, and liabilities.
    (d) References to Bureau of Employees' Compensation.--Reference in 
any other Federal law, Executive order, reorganization plan, rule, 
regulation, or delegation of authority, or any document of or relating 
to the Bureau of Employees' Compensation with regard to functions 
carried out by the Office of Workers' Compensation Programs, shall be 
deemed to refer to the Office of Workers' Compensation Programs.

                        TITLE III--SEVERABILITY

SEC. 301. 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 remainder of this Act, or an amendment made by 
this Act, or the application of such provision to other persons or 
circumstances, shall not be affected.
                                 <all>