Black Lung Benefits Improvement Act of 2014 - Amends the Black Lung Benefits Act to revise requirements with regard to miners' claims for pneumoconiosis (black lung) benefits.
Requires a mine operator to deliver within 21 days a complete copy of the examining physician's report to any miner required to submit to a medical examination regarding his or her respiratory or pulmonary condition.
Directs the Secretary of Labor to establish an attorneys' fee payment program to pay attorneys' fees of up to $4,500 to the attorneys of prevailing parties on a qualifying black lung benefit claim.
Establishes an irrebuttable presumption that a miner is totally disabled due to black lung disease, that the miner's death was due to black lung, or that at the time of death the miner was totally disabled by black lung disease if a chest radiograph, biopsy, autopsy, or other medically accepted test or procedure has diagnosed such miner with complicated black lung or progressive massive fibrosis.
Allows a party to rebut this presumption only in cases where:
Revises requirements for the payment of benefits to miners (including their dependents) totally disabled by black lung disease.
Authorizes black lung clinics to use a portion of their federal funding to assist miners, surviving spouses, dependents, and other family members in the filing of black lung benefit claims.
Prohibits any claimant, physician, operator, duly authorized agent of such operator, or employee of an insurance carrier, subject to certain civil and criminal penalties, from:
Requires the Secretary, upon request, to give a claimant the opportunity to substantiate a claim for benefits through a complete pulmonary evaluation of the miner that includes an initial qualified physician's report and, if certain conditions are met, any supplemental medical evidence developed after the report.
Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish in NIOSH a pilot program to establish B Reader Panels to assure accurate International Labor Organization classifications for chest radiographs in black lung disease cases where there is a factual dispute regarding a diagnosis of complicated black lung or progressive massive fibrosis.
Directs the Secretary, in coordination with NIOSH, to establish a program to educate district directors, claims examiners, administrative law judges and supporting attorney advisors, and Benefits Review Board members about medical evidence relevant to black lung benefit claims.
Revises black lung eligibility requirements to replace the terms "wife" and "widow" with "spouse" and "surviving spouse."
Allows a covered miner or survivor to file a claim for black lung benefits within one year after enactment of this Act if the claim was been denied before enactment of this Act. Requires adjudication of the claim on its merits and excludes consideration of any negative chest radiograph for simple black lung disease, complicated black lung disease, or progressive massive fibrosis.
Directs the Secretary to report to Congress a strategy to reduce the backlog of black lung cases pending before the Office of Administrative Law Judges of the Department of Labor.
Directs the Government Accountability Office to report to Congress on any barriers to health care faced by coal miners with black lung disease.
Amends the Federal Mine Safety and Health Act of 1977 to direct the Secretary to conduct a retrospective study evaluating data collected using continuous dust monitors to determine whether to lower the applicable standard for respirable dust concentration for miners, among other possible actions.
Establishes in the Department of Labor an Office of Workers' Compensation Programs (OWCP) (codifying the existing establishment of OWCP in the Department of Labor.)
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2959 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2959
To ensure that claims for benefits under the Black Lung Benefits Act
are processed in a fair and timely manner, to protect miners from
pneumoconiosis (commonly known as ``black lung disease''), and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2014
Mr. Casey (for himself, Mr. Rockefeller, Mr. Harkin, Mr. Brown, Mr.
Manchin, Mr. Kaine, and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that claims for benefits under the Black Lung Benefits Act
are processed in a fair and timely manner, to 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 2014''.
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. Legal fees.
Sec. 103. Clarifying eligibility for black lung benefits claims.
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. Establishment of pilot program to provide impartial
classifications of chest radiographs.
Sec. 110. Medical evidence training program.
Sec. 111. Technical and conforming amendments.
Sec. 112. Readjudicating cases involving certain chest radiographs.
Part B--Reports To Improve the Administration of Benefits Under the
Black Lung Benefits Act
Sec. 113. Strategy to reduce delays in adjudication.
Sec. 114. GAO report on black lung disease.
TITLE II--STANDARD FOR RESPIRABLE DUST CONCENTRATION
Sec. 201. Standard for respirable dust concentration.
TITLE III--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS
Sec. 301. Office of Workers' Compensation Programs.
TITLE IV--SEVERABILITY
Sec. 401. Severability.
SEC. 3. FINDINGS.
Congress finds the following:
(1) 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 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 such 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 such 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. Only a quarter of claimants are
represented by an attorney when filing a claim. Absent efforts
to remedy administrative problems and address structural
weaknesses in the process for obtaining benefits, claimants
with meritorious claims would 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 Secretary of Labor determines that such readings are
otherwise credible. 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) As of the date of enactment of this Act, more than one
year has passed since survivors were denied benefits on claims
under the Black Lung Benefits Act that involved the
consideration of chest radiograph interpretations 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) Between the calendar years 2004 and 2014, a reduction
in the number of administrative law judges in the Department of
Labor, coupled with a large increase in the number of cases
filed under the Black Lung Benefits Act, cuts to nondefense
discretionary spending, furloughs resulting from sequestration,
and the 16-day shutdown of the Federal Government during the
calendar year 2013, has created extensive delays in
adjudicating claims under such Act and numerous other labor and
employment laws. Due to the imbalance between resources and
caseloads, it takes 429 days to assign a case to an
administrative law judge and a typical claim under such Act
remains unresolved for an average of 42 months prior to a
decision by an administrative law judge. These delays directly
and severely impact the lives of workers throughout the United
States, placing an undue financial and emotional burden on the
affected individuals and their families.
(8) Contrary to the intent of Congress, benefits 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 several of the fiscal years prior to the enactment of
this Act, there was a pay freeze for Federal employees, which
eliminated cost-of-living adjustments under such Act for such
years.
(9) 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.
(10) Black lung disease has been the underlying or
contributing cause of death of more than 76,000 miners since
1968. After decades of decline, the incidence of coal miners
with black lung disease is on the rise. According to NIOSH,
miners are developing advanced cases of the disease at younger
ages. In response, the Department of Labor has taken important
steps to combat the disease, including promulgating a rule that
reduces the allowed concentration of coal dust and eliminates
weaknesses in the current dust sampling system. Retrospective
studies should be continued to determine whether revisions to
the standards are necessary to eliminate the disease.
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, not
later than 21 days after the miner has been examined, deliver to the
claimant a complete copy of the examining physician's report. The
examining physician's report shall--
``(1) be in writing; and
``(2) set out in detail the findings of such physician,
including any diagnoses and conclusions, the results of any
diagnostic imaging tests, and any other tests performed on the
miner.
``(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) Medical information.--The medical information
described in paragraph (1) shall include--
``(A) the opinion of any examining physician; and
``(B) any examining or nonexamining physician's
interpretation of radiographs or pathology samples, and
reports of such radiographs or samples.
``(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. LEGAL FEES.
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' FEE 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
2014, the Secretary shall establish an attorneys' fee payment
program to pay attorneys' fees, 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) In general.--If a claimant for benefits under this
title obtains an effective award for a qualifying claim before
an administrative law judge, the Benefits Review Board
established under section 21(b) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 921(b)), or a Federal
court, and the judge, Board, or court approves attorneys' fees
for work done before it, the Secretary shall, through the
program under this section, pay an amount of attorneys' fees
not to exceed $1,500 at each stage of the administrative and
legal process.
``(2) Maximum.--The program established under this section
shall not pay more than a total of $4,500 in attorneys' fees
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 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 awarded by an administrative law judge, the Benefits Review Board,
or a Federal court, 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 in claims for benefits under this title for which a
final order awarding compensation has been entered and the operator is
unable to pay.
``(e) No Recoupment of Attorneys' Fees.--Any payment for attorneys'
fees 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 CLAIMS.
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, 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, then there shall be an
irrebuttable presumption that such miner is totally disabled
due to pneumoconiosis, that such miner's death was due to
pneumoconiosis, or that, at the time of death, such miner was
totally disabled by pneumoconiosis, as the case may be. A chest
radiograph that yields one or more large opacities (greater
than one centimeter in diameter) and would be classified in
category A, B, or C in the International Classification of
Radiographs of Pneumoconioses by the International Labor
Organization shall be sufficient to invoke such presumption,
unless there is more probative evidence establishing that the
etiology of a large opacity is not pneumoconiosis.
``(B) In this paragraph, the term `complicated
pneumoconiosis or progressive massive fibrosis' means
pneumoconiosis that has formed an opacity, mass, or lesion
greater than one centimeter in diameter.
``(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 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,
2015, at a rate equal to 37\1/2\ per centum of the
monthly pay rate for Federal employees in grade GS-2,
step 1;
``(B) for the calendar year beginning on January 1,
2015, at a rate of $7,980 per year, payable in 12 equal
monthly payments; and
``(C) for each calendar year thereafter, at a rate
equal to the amount under subparagraph (B) increased by
an amount equal to any increase in the annual rate of
the Consumer Price Index for Urban Wage Earners and
Clerical Workers, as published by the Bureau of Labor
Statistics.''.
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,
surviving 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) threaten, coerce, intimidate, deceive, or knowingly
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 a
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) Conditions for Supplemental Medical Evidence.--The Secretary
shall develop supplemental medical evidence, in accordance with
subsection (c)--
``(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.
``(c) Process for Supplemental Medical Evidence.--
``(1) In general.--Except as provided under paragraph (2),
to develop supplemental medical evidence under conditions
described in subsection (b), 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.
``(d) 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.--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, unless the claimant
knowingly and with the benefit of full disclosure waives the
following limitations, a physician shall not be used to perform
a complete pulmonary medical evaluation under subsection (a)
that is reimbursed pursuant to subsection (f), 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.
``(e) 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.
``(f) 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. ESTABLISHMENT OF PILOT PROGRAM TO PROVIDE IMPARTIAL
CLASSIFICATIONS OF CHEST RADIOGRAPHS.
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. ESTABLISHMENT OF PILOT PROGRAM TO PROVIDE IMPARTIAL
CLASSIFICATIONS OF CHEST RADIOGRAPHS.
``(a) Definitions.--In this section:
``(1) B reader.--The term `B Reader' means an individual
who--
``(A) has a valid license to practice medicine in
not less than one State, territory, commonwealth, or
possession of the United States; and
``(B) has demonstrated a proficiency, through an
examination administered by the National Institute for
Occupational Safety and Health, in classifying chest
radiographs for findings consistent with pneumoconiosis
using the International Classification of Radiographs
of Pneumoconioses by the International Labor
Organization (referred to in this section as the
`ILO').
``(2) B reader panel.--The term `B Reader Panel' means a
panel of not less than 3 B Readers selected by the Director
exclusively from the B Reader Panel Pool.
``(3) B reader panel pool.--The term `B Reader Panel Pool'
means the group of physicians included in the pool described in
subsection (c).
``(4) Complicated pneumoconiosis or progressive massive
fibrosis.--The term `complicated pneumoconiosis or progressive
massive fibrosis' means pneumoconiosis with the formation of
large opacities greater than or equal to category A of the ILO
classification.
``(5) Director.--The term `Director' means the Director of
the National Institute for Occupational Safety and Health.
``(6) ILO classification.--The term `ILO classification'
means the standardized categorization of chest radiographs for
findings consistent with pneumoconiosis using the International
Classification of Radiographs of Pneumoconioses by the ILO.
``(7) ILO standard radiographs.--The term `ILO Standard
Radiographs' means the set of standard radiographs used in the
ILO International Classification of Radiographs of
Pneumoconioses by the ILO.
``(b) B Reader Panel Program.--
``(1) Establishment of pilot program.--
``(A) In general.--The Director shall establish, in
the National Institute for Occupational Safety and
Health, a pilot program to be known as the `B Reader
Panel Program'. The B Reader Panel Program shall
establish B Reader Panels that--
``(i) are operated in a manner to assure
accurate ILO classifications, which may be used
for claims for benefits described in
subparagraph (C);
``(ii) only classify chest radiographs; and
``(iii) classify all appearances--
``(I) described in the
International Classification of
Radiographs of Pneumoconiosis by the
ILO; or
``(II) illustrated by the ILO
Standard Radiographs.
``(B) Duration.--The B Reader Panel Program
established under this section shall be conducted for a
duration of one year, beginning after the issuance of
necessary protocols and interim final rules under
subsection (h).
``(C) Applicability.--A chest radiograph
classification may only be requested under this section
for a claim for benefits under this title where the
presence or absence of complicated pneumoconiosis or
progressive massive fibrosis is in fact at issue.
``(2) Program personnel matters.--
``(A) In general.--The Director may hire such
personnel as are necessary to establish, manage, and
evaluate the B Reader Panel Program, including a B
Reader Program Director described in subparagraph (B).
``(B) B reader program director.--The B Reader
Program Director shall be a physician who is a B Reader
and has documented expertise in ILO classifications.
``(C) Staff.--
``(i) In general.--In procuring the
services of B Readers for this section, the
Director may hire Federal personnel, contract
for services, or both.
``(ii) Compensation.--The Director shall
establish compensation rates for B Readers who
are hired under contract.
``(3) Ethics policy.--
``(A) Code of ethics.--
``(i) In general.--In order to maximize the
quality, objectivity, and confidence in ILO
classifications under this section, the
Director shall establish a binding code of
ethics to which all B Readers in the B Reader
Panel Pool shall agree to in writing and
adhere.
``(ii) Contents.--The code of ethics shall
include--
``(I) definitions and stipulations
of procedures dealing with actual and
apparent conflicts of interest and the
appearance of bias or lack of
sufficient impartiality;
``(II) a requirement that each such
B Reader submits a conflict of interest
disclosure statement to the Director
and annually updates such statement;
and
``(III) requirements for the
content of the conflict of interest
disclosure statements required under
subclause (II).
``(B) B reader ethics officer.--The Director shall
designate an employee of the National Institute for
Occupational Safety and Health as the B Reader Ethics
Officer whose responsibilities shall include--
``(i) reviewing all conflict of interest
disclosures of B Readers on the B Reader Panel
Pool;
``(ii) investigating the validity of such
disclosures;
``(iii) maintaining a list of such B
Readers who fail to disclose a conflict of
interest;
``(iv) addressing complaints about
incomplete or inaccurate conflict of interest
disclosures;
``(v) assessing whether any such B Reader
has been improperly assigned to a panel due to
a conflict of interest; and
``(vi) assuring full transparency of
conflict of interest disclosures to the public.
``(4) Quality assurance program.--
``(A) Protocols.--
``(i) Establishment.--The Director shall
establish a quality assurance program
consisting of protocols to ensure that the
results produced by B Reader Panels meet or
exceed standards of performance required for
accuracy and consistency.
``(ii) Protocols.--The protocols under this
subparagraph shall include protocols--
``(I) for each B Reader to prepare
an individual ILO classification report
for each chest radiograph; and
``(II) for the preparation of a
final ILO classification report for the
chest radiograph.
``(iii) Additional reviewers.--If
individual ILO classifications reported by each
B Reader of a B Reader Panel diverge from each
other by more than an acceptable variance, as
determined by protocols established under
subsection (h), the Director shall assign
additional B Readers to the applicable B Reader
Panel or convene an additional B Reader Panel,
as the Director determines necessary, to assure
that the ILO classification report of the
initial B Reader Panel is accurate and
scientifically valid.
``(iv) Use of known positive and negative
x-rays as a quality control tool.--The quality
assurance program under this paragraph shall
use pre-read radiographs, for which ILO
classifications have been previously
established as external standards, with
sufficient frequency in order to assure that B
Readers on B Reader Panels read radiographs
that are borderline positive or negative for
complicated pneumoconiosis or progressive
massive fibrosis with accuracy and consistency.
``(v) Blind readings.--In reading a
radiograph to make an ILO classification, a B
Reader shall be blinded from the origin of the
radiograph.
``(B) Continuous improvement.--The Director shall
establish a process for providing feedback to B Readers
in the B Reader Pool with respect to their performance
in providing ILO classifications and provide
suggestions for improvement.
``(c) Creation and Maintenance of B Reader Panel Pool.--
``(1) Establishment.--The Director shall establish a B
Reader Panel Pool to be used for the B Reader Panel Program
under this section. The Director shall solicit and select
physicians who are B Readers for inclusion in the B Reader
Panel Pool.
``(2) Selection and retention for b readers on b reader
panel pool.--
``(A) In general.--The Director shall establish and
disclose criteria by which B Readers are selected and
retained within the B Reader Panel Pool, including
minimum standards of performance described in
subparagraph (B).
``(B) Minimum standards of performance.--The
minimum standards of performance for inclusion in the B
Reader Panel Pool shall include requiring the B Reader
to make radiograph classifications consistent with ILO
classification criteria that are consistently within
acceptable norms, as established by the Director.
``(C) Considerations for selection.--In selecting a
B Reader to be included in the B Reader Panel Pool, the
Director shall--
``(i) assess, to the maximum extent
practicable, the prior performance of the B
Reader in making ILO classifications;
``(ii) consult the National Practitioner
Data Bank of the Department of Health and Human
Services for information on physician
suitability; and
``(iii) assess reports of adverse
licensure, certifications, hospital privilege,
and professional society actions involving the
B Reader.
``(D) Monitoring.--The Director shall monitor ILO
classifications conducted under this section to
determine if any B Reader included in the B Reader
Panel Pool demonstrates a pattern of providing ILO
classifications that are erroneous or not consistently
within the acceptable norms, as established by the
Director.
``(3) Process for removal.--
``(A) In general.--The Director shall be authorized
to suspend or remove any B Reader from the B Reader
Panel Pool for--
``(i) consistently failing to meet the
minimum standards of performance under
paragraph (2)(B);
``(ii) breaching the code of ethics under
subsection (b)(3)(A); or
``(iii) other disqualifying conduct, as
established by rule or policy.
``(B) Review.--The Director shall provide a process
for a B Reader who is aggrieved by a decision of the
Director under subparagraph (A) to seek review by the
Secretary of Health and Human Services. The review by
such Secretary shall not stay the suspension of the B
Reader during the pendency of the review.
``(4) Disclosure.--The Director shall make publicly
accessible--
``(A) the names and qualifications of the B Readers
included in the B Reader Panel Pool;
``(B) the names of B Readers who have been
suspended or removed from the B Reader Panel Pool and
the reasons for such suspension or removal;
``(C) the conflict of interest disclosure
statements required under subsection (b)(3)(A)(ii)(II);
and
``(D) any pertinent information which the Director
determines necessary to assure transparency and program
integrity.
``(d) Eligibility To Request ILO Classifications.--Each of the
following individuals may request an ILO classification under this
section:
``(1) Claimants or operators, or their authorized
representatives, in a claim for benefits that meets the
requirements of subsection (b)(1)(C).
``(2) Individuals defined as adjudication officers by
regulations of the Secretary.
``(e) Timing of Reports.--Following the receipt of a written
request for the classification of a chest radiograph, the Director
shall provide a report conducted by a B Reader Panel--
``(1) for digital chest radiographic images, within 45
days; and
``(2) for film-based chest radiographs, within 90 days.
``(f) Testimony.--
``(1) Availability of director or designee.--The Director,
or a designee of the Director, shall be available to respond to
interrogatories or appear and testify about a B Reader Panel's
conclusions or the process by which B Reader Panels classify
radiographs in a case under subsection (b)(1)(C), upon the
request of a party to such case.
``(2) Interrogatories and subpoenas for b readers.--To the
extent that additional information is reasonably necessary for
the full development of evidence pertaining to a B Reader Panel
Report in a case under subsection (b)(1)(C), a B Reader of a B
Reader Panel--
``(A) may be required to respond to interrogatories
with respect to the ILO classification provided by the
B Reader in the case, only if so ordered by an
administrative law judge; and
``(B) may not be required to appear and testify
under subpoena, unless the party making such request
demonstrates to an administrative law judge that--
``(i)(I) the B Reader Panel Report is
incomplete or lacks information that is
reasonably necessary for such full development;
and
``(II) if responses to interrogatories were
ordered, the responses are unclear or
incomplete; or
``(ii) there is an extraordinary
circumstance in which additional information
that is reasonably necessary for such full
development is otherwise unavailable from the
Director and can only be provided by such B
Reader.
``(g) Administrative Costs.--
``(1) Establishment.--Funds necessary to establish and
operate the B Reader Panel Program under this section shall be
paid as an administrative cost from the fund. The Director
shall consult with the Secretary on allocations of funds in
establishing such program.
``(2) Costs of reports for b reader panels.--
``(A) Fees.--
``(i) In general.--The Director shall
establish a fee for a B Reader Panel Report in
accordance with clause (ii). Such fee shall be
payable by the party requesting such report. No
fee shall be charged if the request for such
ILO classification is made by an individual
defined as an adjudication officer by
regulations of the Secretary.
``(ii) Limitation.--The amount of a fee
under clause (i) shall not exceed the direct
cost of hiring the B Readers of the B Reader
Panel that made the ILO classification.
``(B) Legal costs.--
``(i) In general.--The National Institute
for Occupational Safety and Health shall use
amounts in the fund to pay for all costs
related to the appearance and responses to
interrogatories of the Director or a designee
of the Director, or a B Reader of a B Reader
Panel, in a proceeding under this section.
``(ii) Representation of the national
institute for occupational safety and health.--
The General Counsel of the Department of Health
and Human Services shall, in consultation with
the Solicitor of Labor, represent the National
Institute for Occupational Safety and Health in
any proceeding under this section, which costs
shall be payable from the fund.
``(h) Protocols and Interim Final Rules.--Not later than 180 days
after the date of enactment of the Black Lung Benefits Improvement Act
of 2014, the Secretary of Health and Human Services shall issue
protocols and promulgate interim final rules, as necessary, to commence
the implementation of this section.
``(i) Report to Congress.--
``(1) In general.--Not later than 30 days after the
completion of the pilot program under this section, the
Director shall, in consultation with the Secretary of Labor,
prepare and submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives
that includes the information in paragraph (2).
``(2) Contents.--The report under this subsection shall
include--
``(A) the number of B Reader Panels established
under this section;
``(B) the number of B Readers participating in the
pilot program under this section;
``(C) the effectiveness of the quality assurance
program under subsection (b)(4);
``(D) the accuracy of the ILO classifications
conducted by B Readers under this section;
``(E) challenges in the administration and
implementation of such pilot program;
``(F) the costs and revenues of such pilot program;
``(G) the impact of the pilot program on the claims
adjudication process;
``(H) a recommendation on whether the pilot program
under this section should extend beyond the one-year
duration under subsection (b)(1)(B); and
``(I) recommendations for any necessary
modifications to such pilot program, if the Director
recommends such an extension.''.
SEC. 110. MEDICAL EVIDENCE TRAINING PROGRAM.
Part C of the Black Lung Benefits Act (30 U.S.C. 931 et seq.), as
amended by sections 108 and 109, is further amended by adding at the
end the following:
``SEC. 437. 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 2014, 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 attorney advisors
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)).
``(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 2014.--Any district director,
claims examiner, administrative law judge, attorney advisor
supporting such judge, or member of the Benefits Review Board
described in subsection (a)(4), who was hired or appointed
prior to the date of enactment of the Black Lung Benefits
Improvement Act of 2014 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 2014.--Any district director,
claims examiner, administrative law judge, attorney advisor
supporting such judge, or member of the Benefits Review Board
described in subsection (a)(4), who is not described in
paragraph (1) shall complete the training program under this
section prior to engaging in any work under this title and not
less than annually thereafter.''.
SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Black Lung Benefits Act.--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 (30 U.S.C. 902)--
(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 validly 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 the
term 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 claim filed after January
1, 2005, that is pending on or after March 23, 2010, where the
miner is found entitled to receive benefits at the time of the
miner's death as a result of the miner's claim filed under part
C; and
``(5) survivors' benefits where the miner is found entitled
to receive benefits at the time of the miner's death resulting
from the miner's 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 at the time of the miner's death
as a result of the miner's claim filed under part C;
``(C) of a miner who is found entitled to receive benefits
at the time of the miner's death as a result of the miner's
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 the miner 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
the term appears and inserting ``the
child'';
(III) by striking ``widow'' each
place the term 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 at the time of the miner's death
as a result of the miner's claim filed under part C;
``(iii) of a miner who is found entitled to receive
benefits at the time of the miner's death as a result of the
miner's 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 at
the time of the miner's death as a
result of the miner's claim filed under
part C, (iii) who is found entitled to
receive benefits at the time of death
as a result of the miner's 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 the term
appears and inserting ``such miner's''; and
(ii) by striking ``widow'' each place the
term 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 the term 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 the term 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
the term 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 the term 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 2014, and
any amendments made after the date of enactment of such
Act,''.
(b) Internal Revenue Code.--Section 9501(b)(2) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(D) Amounts collected as fees under section
436(g)(2)(A) of the Black Lung Benefits Act.''.
SEC. 112. READJUDICATING CASES INVOLVING CERTAIN CHEST RADIOGRAPHS.
(a) Definitions.--In this section:
(1) Complicated pneumoconiosis or progressive massive
fibrosis.--The term ``complicated pneumoconiosis or progressive
massive fibrosis'' means pneumoconiosis that has formed an
opacity, mass, or lesion greater than one centimeter in
diameter.
(2) Covered chest radiograph.--The term ``covered chest
radiograph'' means a chest radiograph that was interpreted as
negative for pneumoconiosis or complicated pneumoconiosis or
progressive massive fibrosis by a physician with respect to
whom the Secretary of Labor has directed, in writing and after
an evaluation by such Secretary, that such physician's negative
interpretations of chest radiographs not be credited, unless
otherwise determined credible by such Secretary, in evaluating
a claim for benefits under the Black Lung Benefits Act (30
U.S.C. 901 et seq.).
(3) 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.
(4) 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.
(5) Pneumoconiosis.--The term ``pneumoconiosis'' has the
meaning given the term in section 402(b) of the Black Lung
Benefits Act (30 U.S.C. 902(b)).
(b) Claims.--A covered individual or a covered survivor whose claim
for benefits under the Black Lung Benefits Act 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 of Labor 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)).
PART B--REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS UNDER THE
BLACK LUNG BENEFITS ACT
SEC. 113. 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 the
Workforce 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;
(4) the impact of sequestration, furloughs, and the Federal
Government shutdown, which occurred from October 1 to October
16, 2013, on increasing administrative burdens and the backlog
of cases pending before such office; and
(5) 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.
(c) Consultation.--In preparing such strategy, the Secretary of
Labor shall consult with organizations that have ongoing interactions
with the Office of Administrative Law Judges of the Department of
Labor, including organizations that represent parties in cases under
the Black Lung Benefits Act, the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.), and Federal statutes
regarding whistleblowers, wages and hours for employees, and
immigration.
SEC. 114. GAO REPORT ON BLACK LUNG DISEASE.
(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 the Workforce 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.
TITLE II--STANDARD FOR RESPIRABLE DUST CONCENTRATION
SEC. 201. STANDARD FOR RESPIRABLE DUST CONCENTRATION.
Section 202 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 842) is amended by adding at the end the following:
``(i) Reports.--
``(1) Retrospective study.--
``(A) In general.--Beginning on August 1, 2021, the
Secretary shall conduct a retrospective study
evaluating data collected using continuous personal
dust monitors to determine whether to--
``(i) lower the applicable standard for
respirable dust concentration to protect the
health of miners;
``(ii) increase the frequency for taking
samples of respirable dust concentration, using
continuous personal dust monitors;
``(iii) modify the engineering controls and
work practices used by mine operators to comply
with the applicable standard for respirable
dust concentration; and
``(iv) convert samples taken for shifts
that are greater than 8 hours to an 8-hour
equivalent concentration to more accurately
assess the conditions of miners working on
longer shifts.
``(B) Completion deadline.--By August 1, 2022, the
Secretary shall complete the study required by
subparagraph (A) and report the findings of such study
to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education
and the Workforce of the House of Representatives.
``(2) Subsequent studies.--By August 1, 2025, and every 3
years thereafter, the Secretary shall conduct a new study as
described in paragraph (1)(A) and report, by not later than one
year after the commencement of the study, the findings of such
study to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives.
``(3) Revised standards.--If any report of the Secretary
under this subsection concludes that the applicable standard
for respirable dust concentration should be lowered to protect
the health of miners, or that the incidence of pneumoconiosis
among coal miners in the United States, as reported by the
National Institute for Occupational Safety and Health, has not
been reduced from such incidence prior to the implementation of
the most recent applicable standard for respirable dust
concentration, the Secretary shall, consistent with the
requirements of this section and section 101, accordingly
revise such standard and any applicable sampling or testing
procedures not later than 24 months after the publication of
such report of the Secretary under this subsection.''.
TITLE III--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS
SEC. 301. 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
section 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 IV--SEVERABILITY
SEC. 401. 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>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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