In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tinnitus Research for Military 
Health Improvement Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Tinnitus, or the perception of sound where no external 
        source of such sound exists, is the most prevalent disabling 
        condition that affects members of the Armed Forces, most 
        notably those members who have been exposed to blast injuries 
        during combat, or other high noise level situations.
            (2) Tinnitus is the leading service-connected disability 
        for returning members of the Armed Forces and the prevalence of 
        tinnitus is continuing to increase at alarming rates.
            (3) An otologic, or ear, injury such as tinnitus has been 
        shown to decrease performance and situational awareness during 
        combat, seriously compromising the ability of a member of the 
        Armed Forces to hear and execute commands properly, thereby 
        jeopardizing not only the affected member but other members as 
        well.
            (4) While certain types of sensory impairment in combat or 
        other military activities may be readily apparent, otologic 
        injuries such as tinnitus may not be easily noticeable, which 
        necessitates the need for more rigorous screening for tinnitus 
        before and after deployment, and for additional research to 
        distinguish tinnitus from other forms of brain injury incurred 
        during combat.
            (5) Medical evidence to date suggests a demonstrated link 
        between tinnitus and post-traumatic stress disorder and 
        traumatic brain injury, such that improved understanding of 
        treatment of tinnitus may also directly advance research 
        efforts to address post-traumatic stress disorder and traumatic 
        brain injury.
            (6) Improving the treatment and prevention of tinnitus will 
        benefit all members of the Armed Forces who are increasingly at 
        risk of injury from high-decibel equipment or explosive 
        devices.

SEC. 3. CENTER OF EXCELLENCE FOR THE STUDY OF TINNITUS.

    (a) Establishment.--
            (1) In general.--The Secretary of Defense shall establish 
        one or more Centers of Excellence (in this section referred to 
        as a ``center'') for the study of tinnitus.
            (2) Location.--The Secretary shall establish a center at a 
        military installation in the United States where members of the 
        Armed Forces perform activities involving high rates of sound, 
        including artillery instruction and other basic combat training 
        related activities.
    (b) Responsibilities.--A center shall have the responsibilities as 
follows:
            (1) To study and enhance existing treatment modalities for 
        members of the Armed Forces with tinnitus, including diagnosed 
        cases of recurrent, chronic, or severe tinnitus.
            (2) To conduct basic and clinical research to prevent, 
        treat, and cure tinnitus, including studies on the neurological 
        changes in the brain associated with tinnitus.
            (3) To coordinate research activities with the Defense 
        Centers of Excellence for Psychological Health and Traumatic 
        Brain Injury in order to establish a tinnitus data registry for 
        members of the Armed Forces affected with tinnitus and other 
        neurological conditions that will enhance scientific progress 
        toward improvements in treatment for tinnitus and associated 
        neurological combat related conditions.
    (c) Reports.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Defense shall submit to Congress a report on the activities of the 
center.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $7,000,000 for each of fiscal 
years 2011 through 2016.

SEC. 4. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.

    (a) In General.--Paragraph (2) of section 1074f(b) of title 10, 
United States Code, is amended by adding at the end the following new 
subparagraph:
            ``(D) An aural screening, including an assessment of 
        tinnitus.''.
    (b) Effective Date.--Section 1074f(b)(2) of title 10, United States 
Code, as added by subsection (a) of this section, shall apply to 
members of the Armed Forces who are deployed or return from deployment 
on or after the date that is 30 days after the date of the enactment of 
this Act.

SEC. 5. GRANT PROGRAM TO ENCOURAGE TINNITUS RESEARCH.

    (a) In General.--Subject to the availability of appropriations 
provided for such purpose, the Secretary of Defense shall establish a 
program to award grants to institutions to assist such institutions in 
conducting research on recurrent, chronic, or severe tinnitus and 
peripheral neurological conditions, including research related to 
neurology, pharmacology, audiology, otolaryngology, and other 
disciplines that the Secretary determines appropriate according to 
newly discovered evidence-based findings.
    (b) Eligibility.--
            (1) Teaching program.--An institution eligible to receive a 
        grant under this section is--
                    (A) a hospital with a teaching program described in 
                section 1861(b)(6) of the Social Security Act (42 
                U.S.C. 1395x); or
                    (B) an educational institution with demonstrated 
                expertise in tinnitus research.
            (2) Application.--To be eligible to receive a grant under 
        this section, an institution shall submit an application to the 
        Secretary of Defense at such time, in such manner, and 
        containing such information as the Secretary may require. The 
        Secretary shall ensure that such applications are peer-reviewed 
        by multidisciplinary tinnitus experts from both the public and 
        private sector.
    (c) Grant Amount.--An institution awarded a grant under this 
section may not receive more than $2,500,000 per fiscal year under this 
section.
    (d) Reports.--Not later than December 31 of each year a grant may 
be awarded under this section, the Secretary of Defense shall submit to 
Congress a report on the grant program, including a summary of the 
research related to tinnitus conducted by each grant recipient.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2011 through 2016.

SEC. 6. IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED FORCES.

    (a) In General.--The Secretary of Defense shall examine methods to 
improve the aural protection for members of the Armed Forces in combat.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the methods to improve aural protection examined under subsection 
(a).

SEC. 7. EXECUTIVE AGENT FOR TINNITUS.

    (a) Executive Agent.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall designate a 
senior official of the Department of Defense to act as the executive 
agent for tinnitus.
    (b) Roles, Responsibilities, and Authorities.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and in accordance with Directive 
        5101.1, the Secretary of Defense shall prescribe the roles, 
        responsibilities, and authorities of the executive agent 
        designated under subsection (a).
            (2) Specification.--The roles and responsibilities of the 
        executive agent designated under subsection (a) shall include 
        coordinating common functions related to tinnitus among the 
        military departments.
    (c) Support.--In accordance with Directive 5101.1, the Secretary of 
Defense shall ensure that the military departments, Defense Agencies, 
and other components of the Department of Defense provide the executive 
agent designated under subsection (a) with the appropriate support and 
resources needed to perform the roles, responsibilities, and 
authorities of the executive agent.
    (d) Definitions.--In this section:
            (1) The term ``Directive 5101.1'' means Department of 
        Defense Directive 5101.1, or any successor directive relating 
        to the responsibilities of an executive agent of the Department 
        of Defense.
            (2) The term ``executive agent'' has the meaning given the 
        term ``DoD Executive Agent'' in Directive 5101.1.

Ex Output:
Tinnitus Research for Military Health Improvement Act - Directs the Secretary of Defense (DOD) to establish one or more centers of excellence for the study of tinnitus. Requires such centers to be established at military installations where members of the Armed Forces perform activities involving high rates of sound, including artillery instruction. Outlines center activities, including researching and enhancing treatments for members with tinnitus.

Requires the inclusion, within a current medical tracking system for members deployed overseas, of an aural screening which shall include an assessment of tinnitus.

Directs the Secretary to establish a grant program to assist eligible institutions in conducting research on recurrent, chronic, or severe tinnitus and peripheral neurological conditions. Makes eligible for such grants: (1) a hospital with an approved teaching program as defined under the Social Security Act; or (2) an educational institution with demonstrated expertise in tinnitus research.

Requires the Secretary to designate a senior DOD official to act as the executive agent for tinnitus.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Columbia River Habitat Protection 
and Recreational Access Act of 1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The 51-mile stretch of the Columbia River, known as the 
        ``Hanford Reach'', provides 80 percent of the fall Chinook 
        salmon in the river system, critical habitat for wildlife, a 
        high-quality waterfowl sanctuary, as well as numerous scenic, 
        historic, and recreational opportunities for the public.
            (2) In 1996 Congress, through Public Law 104-333, 
        prohibited damming, dredging, channeling, or other such 
        activities along the Hanford Reach in order to help preserve 
        and protect the unique environmental benefits of the region.
            (3) The lands surrounding the Hanford Reach area of the 
        Columbia River, Washington, should be properly managed in order 
        to protect plant, fish, wildlife, cultural, recreational, and 
        scenic resources, while preserving access to these lands.
            (4) Recognizing the unique and pristine values of the area, 
        local citizens in cooperation with Federal and State 
        authorities have developed a comprehensive protection plan 
        which has enhanced salmon habitat along the Hanford Reach. This 
        plan, known as the Vernita Bar Agreement, has preserved the 
        free flowing, riparian character of the Hanford Reach, and 
        serves as a blueprint for further successful management along 
        the Columbia River.
            (5) Although dozens of local, State, and Federal 
        environmental protection and management laws and regulations 
        exist for the Hanford Reach, management efforts can be better 
        integrated and can lead to more efficient use of public 
        resources and improved habitat and recreation management.
            (6) Several of the areas adjacent to the Hanford Reach of 
        the Columbia River, including lands known as the Wahluke Slope, 
        currently owned by the United States, have been extensively 
        studied and reviewed through environmental impact statements 
        and have been declared environmentally sound and certified 
        suitable for conveyance.
            (7) Inasmuch as Federal financial resources are 
        constrained, joint partnerships among Federal, State, and local 
        entities can provide long-term habitat and wildlife management, 
        maintain recreational opportunities, and develop a responsible 
        and environmentally sound local land use plan for the region.
            (8) The people and the governments of Benton, Franklin, 
        Grant, and Adams Counties desire to enter into such a 
        partnership with the State of Washington and the United States 
        to ensure the continued protection of plant, fish, wildlife, 
        cultural, recreational, and scenic resources on the lands 
        surrounding the Hanford Reach.
            (9) Such a cooperative partnership will provide a forum for 
        public input from the entire region and ensure the long-term 
        protection of the river as wild, scenic, and accessible.
            (10) Congress recommends the formation of a commission, of 
        which a majority of the members of such a commission represent 
        the local entities, to ensure that the above goals are achieved 
        and to maintain maximum involvement by the citizens of Benton, 
        Franklin, Grant, and Adams Counties.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of Energy;
            (2) the term ``Hanford Works'' means the property 
        represented as ``Department of Energy'' under the Land Status 
        Legend on the Bureau of Land Management topographic map of 
        Priest Rapids, Washington, Edition-1991; and
            (3) the term ``Commission'' means the Hanford Reach 
        Protection and Management Commission.

SEC. 4. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS.

    (a) Authority.--As soon as practicable after the date of the 
enactment of this Act, the Secretary for no consideration shall convey 
to the governmental entities referred to in subsection (b) all right, 
title, and interest of the United States in and to the properties 
described in subsection (b).
    (b) Conveyances.--
            (1) State of washington.--The Secretary shall convey to the 
        State of Washington the property that consists of the portion 
        of the Hanford Works that runs along both banks of the Columbia 
        River and lies within the one quarter mile to the north of the 
        mean high water mark on the north bank of the Columbia River, 
        and that lies within the one quarter mile to the south of the 
        mean high water mark on the south bank of the Columbia River.
            (2) Adams county, washington.--The Secretary shall convey 
        to Adams County, Washington, the property that consists of the 
        portion of the Hanford Works that lies within Adams County, 
        Washington.
            (3) Grant county, washington.--The Secretary shall convey 
        to Grant County, Washington, the property that consists of the 
        portion of the Hanford Works that lies within Grant County, 
        Washington, to the north of the Columbia River and that is not 
        part of the conveyance made pursuant to paragraph (1) of this 
        subsection.
            (4) Franklin county, washington.--The Secretary shall 
        convey to Franklin County, Washington, the property that 
        consists of the portion of Hanford Works that lies within 
        Franklin County, Washington, to the north of the Columbia River 
        and that is not part of the conveyance made pursuant to 
        paragraph (1) of this subsection.
            (5) Additional properties.--In addition to properties 
        described in paragraphs (1) through (4), the Secretary may 
        convey to a State or local government referred to in paragraphs 
        (1) through (4) such property within the Hanford Works as the 
        Secretary and the State or local government agree is 
        appropriate to carry out this Act.

SEC. 5. TERMS AND CONDITIONS.

    (a) Special Rules for State of Washington.--
            (1) Environmental safety.--The conveyance made under 
        section 4(b)(1) shall be made only after the Administrator of 
        the Environmental Protection Agency certifies to the Secretary 
        that--
                    (A) the properties described in section 4(b)(1) are 
                clean of hazardous, toxic, or radioactive materials or 
                substances;
                    (B) all corrective, remedial, or response actions 
                have been completed; and
                    (C) all obligations of the Secretary at the Hanford 
                Nuclear Reservation under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) and other applicable 
                laws have been fulfilled.
            (2) Federal leaseholds.--Any leasehold interest by any 
        agency of the United States on lands described under section 
        4(b) shall terminate upon enactment of this Act, and such 
        interest shall be transferred pursuant to section 4.
            (3) Water rights and utility easements.--The conveyances 
        under section 4 shall be made subject to all existing water 
        rights and all easements and rights of any public and private 
        utility districts which operate and maintain transmission and 
        generation facilities along the lands described under section 
        4.
    (b) Establishment of Hanford Reach Protection and Management 
Commission.--Not later than 6 months after the conveyances under 
section 4(b)(1) are made, the State of Washington shall enter into a 
written joint agreement with the governments of Benton, Franklin, and 
Grant Counties to establish the Hanford Reach Protection and Management 
Commission as follows:
            (1) Membership appointment.--The Commission shall be 
        composed of 7 members. As soon as practicable, but not more 
        than 6 months after the date of the enactment of this Act, the 
        members shall be appointed as follows:
                    (A) One member who shall be a resident of Benton 
                County, appointed by the government of such county.
                    (B) One member who shall be a resident of Franklin 
                County, appointed by the government of such county.
                    (C) One member who shall be a resident of Grant 
                County, appointed by the government of such county.
                    (D) One member who shall be a resident of the State 
                of Washington, appointed by the Governor of the State 
                of Washington.
                    (E) One member who shall be a resident of the State 
                of Washington, appointed by the Secretary of Energy.
                    (F) One member who shall be a resident of the State 
                of Washington, appointed by the Secretary of the 
                Interior.
                    (G) One member who shall be a resident of any 
                county in the State of Washington through or along 
                which the Columbia River runs, appointed by a majority 
                vote of the other members of the Commission.
            (2) Terms of office.--The length of the terms of office of 
        the members appointed under (1) shall be fixed by each 
        appointing governmental entity at the time of appointment, but 
        no term shall exceed 4 years.
            (3) Vacancy.--Any vacancy that may occur prior to the 
        expiration of a member's term shall be filled for the balance 
        of such term by appointment made by the entity which appointed 
        the vacating member.
            (4) Restriction.--Except as provided herein, no person 
        shall be appointed to the Commission who is an employee, agent, 
        or independent contractor of the United States or any agency 
        thereof.
            (5) Failure to appoint.--In the event a member has not been 
        appointed within 6 months of the establishment of the 
        Commission, any such vacancy shall be filled by joint 
        appointment by the governments of Benton, Franklin, and Grant 
        Counties.
            (6) Establishment of commission authority.--As soon as 
        practicable after the appointment of a majority of the members 
        of the Commission, such members shall be authorized to convene 
        meetings of the Commission and to adopt rules and provisions 
        governing the administration, voting, meeting, terms of 
        service, and finances of the Commission. The first meeting 
        shall be held no later than 1 year from the date of the 
        establishment of the Commission.
            (7) Development of hanford reach protection and management 
        plan.--
                    (A) The primary duty of the Commission shall be to 
                develop and implement a plan to manage the lands 
                conveyed pursuant to section 4(b)(1) to protect and 
                enhance plant resources, fish and wildlife resources, 
                cultural resources, recreational access, and other uses 
                or resources prescribed by the Commission.
                    (B) From the date the conveyances under section 
                4(b)(1) are made until such time as a permanent 
                protection and management plan is approved by the 
                Commission, the lands conveyed pursuant to such section 
                shall be managed under an interim management plan 
                approved by the governments of Benton, Franklin, and 
                Grant Counties, which shall be consistent with the 
                purposes of this Act.
    (c) Nonperformance of State of Washington, Transfer to and 
Management by Counties Authorized.--If the State of Washington does not 
fulfill its obligations under subsection (b), all right, title, and 
interest to the property conveyed pursuant to section 4(b)(1) shall be 
transferred to the counties, with the consent of such counties, in 
which the lands are situated in order to carry out the purposes of this 
Act, and the governments of such counties shall jointly establish the 
Commission pursuant to subsection (b) and to provide for the management 
of the lands conveyed pursuant to section 4(b)(1).
    (d) Reversion and Right To Reenter.--If the State of Washington 
does not fulfill its obligations under subsection (b), and if the 
governments of Benton, Franklin, and Grant Counties do not fulfill 
their obligations under subsection (c), all right, title, and interest 
to the property conveyed pursuant to section 4(b)(1) shall revert to 
the United States and the United States shall have the right of 
immediate entry thereon.
    (e) Use of Federal Resources Authorized.--The Secretary of the 
Interior may enter into agreements with the State of Washington and the 
governmental entities referred to in paragraphs (1) through (4) of 
section 4(b) to allow the utilization of personnel, and the provision 
of technical and financial assistance from the United States Fish and 
Wildlife Service to assist the county governments in the administration 
and management of the lands transferred under this Act.
    (f) Special Rule for Adams County, Grant County, and Franklin 
County.--The properties described under paragraphs (2) through (4) of 
section 4(b) shall be conveyed only after Adams County, Grant County, 
and Franklin County, Washington, have submitted a written report to the 
Secretary of the Interior which shall include--
            (1) a risk analysis of debris slides in the White Bluffs 
        Wasteway;
            (2) any recommendations necessary to address the risk of 
        such slides; and
            (3) a comprehensive land use plan of the Wahluke Slope.

Ex Output:
Columbia River Habitat Protection and Recreational Access Act of 1997 - Directs the Secretary of Energy to convey to the State of Washington and to Adams, Grant, and Franklin counties in Washington specified portions of the Hanford Works, an area of property along the Columbia River in Washington.  Allows such conveyances only after the Administrator of the Environmental Protection Agency has made specified certifications to the Secretary with respect to the appropriate environmental cleanup of such area. 
Directs the State of Washington to enter into a joint agreement with Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission, which shall develop and implement a plan to manage the lands conveyed by the Secretary in order to protect and enhance plant, fish and wildlife, and cultural resources, as well as recreational access to, and other uses of, Hanford Reach (a 51-mile stretch of land along the Columbia River containing fish, wildlife, and other resources). 
Requires Adams, Grant, and Franklin Counties to submit to the Secretary:  (1) a risk analysis of debris slides in the White Bluffs Wasteway; and (2) a comprehensive land use plan of the Wahluke Slope.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Black Lung Benefits Act Amendments 
of 1993''.

SEC. 2. CLAIMS PROCEDURE.

    The Black Lung Benefits Act is amended by adding at the end the 
following new part:

                      ``PART D--SPECIAL PROVISIONS

``SEC. 441. CLAIMS.

    ``(a) Standard.--If a claim is filed after the date of the 
enactment of this section under part C for death or total disability of 
a miner due to pneumoconiosis, such miner shall be presumed to have 
been totally disabled by pneumoconiosis or to have died because of 
pneumoconiosis if the conditions described in any one of the following 
paragraphs are met:
            ``(1) A single positive chest roentgenogram (x-ray), 
        biopsy, or autopsy of such miner indicates the existence of 
        pneumoconiosis.
            ``(2) A single set of ventilatory studies of such miner 
        indicates the presence of a chronic respiratory or pulmonary 
        disease that meets or exceeds the severity standards of 
        regulations of the Secretary of Health and Human Services 
        published at 20 C.F.R. 410.490(b)(1)(ii).
            ``(3) A single set of blood gas studies of such miner 
        indicates the presence of an impairment in the transfer of 
        oxygen from the lungs to the blood that meets or exceeds the 
        severity standards of regulations of the Secretary of Labor 
        published at 20 C.F.R. 727.203(a)(3).
            ``(4) Other medical evidence involving such miner, 
        including the documented opinion of a physician exercising 
        reasonable medical judgment, indicates the presence of a 
        respiratory disease or pulmonary impairment that would prevent 
        the miner from performing his usual coal mine work.
The person who submits such claim shall not be required to prove the 
matters described in paragraph (1), (2), (3), or (4) by a preponderance 
of the evidence or by any higher evidentiary standard.
    ``(b) Causation.--
            ``(1) If a claim is filed after the date of the enactment 
        of this section under part C for death or total disability due 
        to pneumoconiosis and if the miner with respect to whom the 
        claim was filed worked 10 or more years in a coal mine and 
        presents evidence which proves the evidence of the matter 
        described in any paragraph of subsection (a), there shall be a 
        rebuttable presumption that the miner's pneumoconiosis arose 
        out of the miner's coal mine employment. No evidence shall be 
        excluded in determining the length of a miner's coal mine 
        employment. In the absence of complete Social Security 
        Administration records, affidavits from the miner's co-workers 
        shall be accepted as sufficient proof of the coal miner's 
        period of employment.
            ``(2) If a miner is unable to prove 10 years of employment 
        in a coal mine, the miner may prove that the miner's 
        pneumoconiosis is due to the miner's coal mine employment 
        through other evidence.
    ``(c) Rebuttal of Presumption.--
            ``(1) The presumption under subsection (a) that a miner is 
        totally disabled by pneumoconiosis may be rebutted only if--
                    ``(A) there is evidence that establishes that the 
                claimant is in fact doing the claimant's usual coal 
                mine work, or
                    ``(B) in light of all relevant evidence, it is 
                established that the miner is able to do the miner's 
                usual coal mine work or comparable and gainful work.
        A physician's opinion that the miner is not totally disabled 
        shall not rebut such presumption when invoked by qualifying 
        ventilatory studies or arterial blood gas testing.
            ``(2) In connection with a rebuttal of a presumption under 
        subsection (a), the Secretary of Labor may submit not more than 
        1 opinion from an examining or consulting physician and not 
        more than 3 x-ray readings to supplement such evidence.
            ``(3) The presumption under subsection (b) may be rebutted 
        only by clear and convincing proof that the miner's 
        pneumoconiosis, established by a condition described in 
        subsection (a), did not arise, in whole or in part, out of the 
        miner's coal mine employment.

``SEC. 442. APPLICATION OF SECTION 441.

    ``(a) In General.--Section 441 shall apply to all claims filed 
under part C on and after the date of the enactment of this Act, except 
that the Secretary of Labor shall review any claim that--
            ``(1) was filed under part B or part C, and
            ``(2) is either pending on the date of enactment of this 
        Act or has been denied on or before such date,
to determine if the evidence establishes eligibility under the 
presumption of section 441(a). The Secretary shall review each such 
claim regardless of whether the claimant also filed any subsequent 
claim under part B or C or such claim resulted in an award of benefits. 
The Secretary's review of a claim which resulted in the award of 
benefits may not result in the reversal or forfeiture of such benefits. 
The Secretary shall promptly notify each claimant having a claim 
subject to review under this subsection that the claim shall be 
reviewed by the Secretary in accordance with this subsection.
    ``(b) Procedure.--
            ``(1) In carrying out the review of a claim under 
        subsection (a), the Secretary shall not allow the claimant or 
        any other party to submit additional medical or other evidence 
        if the Secretary determines that the evidence on file meets the 
        criteria of eligibility set forth in section 441(a). If the 
        Secretary determines that the evidence on file does not meet 
        the criteria of eligibility set forth in section 441(a), the 
        Secretary shall provide an opportunity for the claimant to 
        present additional medical or other evidence to substantiate 
        the claimant's claim under such criteria and shall notify the 
        claimant of that opportunity. The Secretary shall not be 
        permitted to supplement the evidence in any claim reviewed 
        under subsection (a). Each claim reviewed under this section 
        shall be afforded the administrative and judicial review that 
        is afforded claims that are not subject to this section.
            ``(2) If a claim is determined under subsection (a) to meet 
        the eligibility requirements of section 441(a), the individual 
        for which the claim was submitted shall be awarded benefits 
        prospectively (unless, at the time of such determination, the 
        individual is receiving black lung benefits prospectively 
        pursuant to an award made in connection with a separate claim) 
        and retroactively for any period beginning on or after January 
        1, 1974, for which the claimant (1) has not received benefits, 
        and (2) is eligible under the statutory and regulatory 
        provisions governing the retroactive payment of benefits for 
        claims that are not subject to the special review required by 
        subsection (a).

``SEC. 443. PAYMENT OF BENEFITS.

    Benefits payable under any claim which is determined under section 
441 or 442 to be eligible for benefits shall be paid from the fund.

``SEC. 444. JUDICIAL REVIEW.

    ``A claimant who files a claim after the date of enactment of this 
Act and whose claim is denied by the Department of Labor's Benefits 
Review Board pursuant to the procedure of section 21(b) of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)), may 
petition for review in the United States District Court for the 
district in which the claimant last worked as a coal miner or where the 
claimant resides at the time the appeal is filed, whichever the 
claimant chooses. Section 205(g) of the Social Security Act (42 U.S.C. 
405(g)) shall govern all such petitions for review, except that (1) 
each reference therein to the Secretary shall be interpreted as meaning 
the Secretary of Labor, and (2) if the claim was denied because of the 
application of a regulation which violates this Act or any other 
Federal law, the period in which a claimant may petition for review 
shall not apply. A petition for review under this section may not be 
denied because the claimant has not exhausted the administrative 
remedies available to the claimant.

``SEC. 445. SURVIVORS AND DEPENDENTS.

    ``(a) In General.--The Secretary shall award the survivor or 
dependent of a deceased miner benefits under a claim under part C if 
the conditions in any one of the following paragraphs are met:
            ``(1) The deceased miner worked 25 years or more in one or 
        more coal mines.
            ``(2) The miner's death was due in whole or in part to 
        pneumoconiosis.
            ``(3) The miner was receiving benefits for pneumoconiosis 
        at the time of the miner's death.
            ``(4) The miner had a claim for benefits for pneumoconiosis 
        pending at the time of the miner's death--
                    ``(A) in which the existing medical evidence or 
                such evidence combined with any additional medical 
                evidence submitted by survivors or dependents 
                demonstrates a level of impairment sufficient to 
                qualify for benefits under section 441(a), or
                    ``(B) in which the medical evidence was not 
                sufficient to qualify for benefits under section 441(a) 
                but lay evidence (i) demonstrates by a preponderance of 
                the evidence the existence of a respiatory disease or 
                pulmonary impairment that would prevent the miner from 
                performing the miner's usual coal mine work, and (ii) 
                such disease or impairment is established in accordance 
                with section 441(b)(2) as resulting from the miner's 
                coal mine work.
    ``(b) Definition.--For purposes of this section, survivors and 
dependents are those individuals who filed claims under part C after 
the date of enactment of this Act or whose claims under part B or C are 
eligible for review under section 442.

``SEC. 446. GENERAL PROVISIONS.

    ``(a) Multiple Claims.--If a claimant has had a claim denied under 
this Act, the Secretary shall permit the claimant to file an additional 
claim under this part without a showing of a material change in the 
claim. Such an additional claim shall be considered de novo on the 
merits.
    ``(b) Appeals by the Secretary.--The Secretary may not file an 
appeal from a decision of the Deputy Commissioner, the Office of 
Administrative Law Judges, the Benefits Review Board, or a district 
court of the United States with respect to a claim under this part 
which is adverse to the Secretary.
    ``(c) Reopening Claims.--No claim under this part under which the 
claimant was awarded benefits and with respect to which no appeal is 
pending may be reopened by the Secretary unless the Secretary offers 
reasonable evidence to suspect fraud in connection with the 
adjudication of the claim.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 224(a)(2)(B) of the Social Security Act (42 U.S.C. 
424a(a)(2)(B)) is amended by striking out ``and (iv)'' and inserting in 
lieu thereof ``(iv)'' and by inserting at the end the following: ``and 
(v) benefits payable under the Black Lung Benefits Act,''.

SEC. 4. BENEFIT REPAYMENTS.

    Part C of the Black Lung Benefits Act is amended by adding at the 
end the following:
    ``Sec. 436. (a) In the administration of the benefits payable under 
this part, if a claimant receives benefits under this part under a 
claim but before final adjudication of the claim for benefits is made 
and if the final adjudication is that the claimant is ineligible for 
benefits, the payment of such benefits to the claimant shall not be 
considered an overpayment of benefits and the claimant shall not be 
legally responsible for the return of such benefits.
    ``(b) If, before the date of the enactment of this section, a 
claimant received benefits under this part under a claim but before a 
final adjudication of the claim for benefits was made, the claimant 
will not be required to repay such benefits. If, before the date of the 
enactment of this section, a claimant who received benefits under this 
part under a claim but before final adjudication of the claim for 
benefits was made was required under regulations of the Secretary to 
repay the benefits as an overpayment of benefits, the Secretary shall 
refund to the claimant the amount repaid by the claimant.''.

SEC. 5. WIDOW'S BENEFITS.

    (a) In General.--In the administration of the Black Lung Benefits 
Act--
            (1) a widow of a miner who received or is receiving 
        benefits under that Act shall not be disqualified to receive 
        such benefits if the widow remarries, and
            (2) a widow of a miner shall be entitled to receive such 
        benefits without regard to the length of time the widow was 
        married to the miner.
Any regulations of the Secretary of Labor which disqualify a widow 
described in paragraph (1) or impose a minimum marriage period as 
described in paragraph (2) shall on and after the date of the enactment 
of this Act have no legal effect.
    Applications.--Any widow who on the date of the enactment of this 
Act is entitled to receive benefits under the Black Lung Benefits Act 
because of subsection (a) shall file a claim for such benefits within 3 
years of the date of the enactment of this Act.

Ex Output:

Black Lung Benefits Act Amendments of 1993 - Amends the Black Lung Benefits Act to provide special procedures for certain pneumoconiosis claims. 
Sets forth new standards for evidence in death and total disability claims, especially as to causation by coal mine employment. 
Applies that such new eligibility standards to:  (1) all new claims; and (2) all pending and prior denied claims, after review under new standards. 
Provides that all benefits payable under any claim determined under such new eligibility standards shall be paid from the Black Lung Disability Trust Fund, which is financed by the coal industry (thus eliminating coal operators as defendants with legal counsel in black lung disability cases). 
Sets forth new rules for judicial review of black lung claims. 
Requires award of black lung benefits to survivors or dependents of a deceased miner if any of specified conditions are met. 
Permits claimants who have had a black lung claim denied to submit an additional claim, without a showing of a material change, for de novo consideration on the merits. 
Prohibits the Secretary of Labor from:  (1) appealing adverse decisions on black lung claims; or (2) reopening a black lung claim under which benefits were awarded and with respect to which no appeal is pending, unless the Secretary offers reasonable evidence to suspect fraud. 
Provides that, when benefits are paid after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility. 
Requires that a miner's widow:  (1) not be disqualified from receiving benefits upon remarriage; and (2) be entitled to receive benefits regardless of the length of marriage to the miner. 
Amends the Social Security Act to preclude exempt black lung benefits from offsetting certain social security benefits.