No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3304 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3304
To ensure that claims for benefits under the Black Lung Benefits Act
are processed in a fair and timely manner, to better protect miners
from pneumoconiosis (commonly known as ``black lung disease''), and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2023
Mr. Casey (for himself, Mr. Fetterman, Mr. Kaine, Mr. Warner, Mr.
Manchin, and Mr. Brown) 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 better protect miners
from pneumoconiosis (commonly known as ``black lung disease''), and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Lung Benefits Improvement Act
of 2023''.
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. Providing assistance with claims for miners and their
dependent family members.
Sec. 102. Clarifying eligibility for black lung benefits.
Sec. 103. Development of medical evidence by the Secretary.
Sec. 104. False statements or misrepresentations, attorney
disqualification, and discovery sanctions.
Sec. 105. Readjudicating cases involving certain chest radiographs.
Sec. 106. Attorneys' fees and medical expenses payment program.
Sec. 107. Restoring adequate benefit adjustments for miners suffering
from black lung disease and for their
dependent family members.
Sec. 108. Disclosure of employment and earnings information for black
lung benefits claims.
PART B--Reports To Improve the Administration of Benefits Under the
Black Lung Benefits Act
Sec. 121. Strategy to reduce delays in adjudication.
PART C--Improvement in the Financial Security of the Black Lung
Benefits Disability Trust Fund
Sec. 131. Policies for securing the payment of benefits.
TITLE II--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS
Sec. 201. Office of Workers' Compensation Programs.
TITLE III--ADDITIONAL PROVISIONS
Sec. 301. Technical and conforming amendments.
Sec. 302. 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. Comprehensive reforms are
necessary to ensure that coal miners and their survivors can
get access to the workers compensation benefits they are
entitled to receive and 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. 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 42 percent of claimants are represented by an
attorney during the initial claims determination. Absent
efforts to remedy administrative problems and address
structural weaknesses in the process for obtaining benefits,
claimants with meritorious claims will not receive benefits.
Reforms are necessary to help miners and their survivors access
legal representation.
(3) 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 multiple fiscal years between 2010 and the enactment of
this Act, there was a pay freeze for Federal employees, which
had the effect of eliminating cost-of-living adjustments for
miners, surviving spouses, and dependents under the Black Lung
Benefits Act during such years. Reforms are needed to ensure
that benefits are not eroded due to inflation and are brought
up to date to keep up with the cost of living.
(4) Congress intended for coal companies to have primary
responsibility for benefits due to black lung disease acquired
by their workers. However, because many companies have self-
insured their obligations without proper collateral available
and subsequently defaulted on those obligations, too many
former workers have had to rely on the public Black Lung
Disability Trust Fund as a backstop. Reforms are needed to
ensure that companies are prepared to meet their primary
responsibilities and that their plans for self-insurance are
fiscally sound.
(5) Black lung disease has been the underlying or
contributing cause of death of more than 78,000 miners since
1968. After decades of decline, the incidence of coal miners
with black lung disease is on the rise, recently reaching
levels not seen in 25 years. According to the National
Institute for Occupational Safety and Health, miners are
developing advanced cases of the disease at younger ages. In
response, the Department of Labor took important steps to
combat the disease, including promulgating a rule in 2014 that
reduced the allowed concentration of coal dust and addressed
weaknesses in the dust sampling system. Retrospective studies
should be continued to determine whether revisions to the
standards are necessary to eliminate the disease. The Mine
Safety and Health Administration of the Department of Labor has
made clear its intent to issue rules around respirable
crystalline silica. In the interim, the Mine Safety and Health
Administration launched an enforcement initiative to protect
miners from the health hazards of respirable crystalline
silica. Under this initiative, the Mine Safety and Health
Administration will conduct inspections on silica hazards and
expand silica sampling at mines. The Mine Safety and Health
Administration will also provide mine operators with compliance
assistance and best practices to limit miners' exposure to
harmful silica dust.
TITLE I--BLACK LUNG BENEFITS
PART A--IMPROVING THE PROCESS FOR FILING AND ADJUDICATING CLAIMS FOR
BENEFITS
SEC. 101. PROVIDING ASSISTANCE WITH CLAIMS FOR MINERS AND THEIR
DEPENDENT FAMILY MEMBERS.
Section 427(a) of the Black Lung Benefits Act (30 U.S.C. 937(a)) is
amended by striking ``the analysis, examination, and treatment'' and
all that follows through ``coal miners.'' and inserting ``the analysis,
examination, and treatment of respiratory and pulmonary impairments in
active and inactive coal miners and for assistance on behalf of miners,
spouses, dependents, and other family members with claims arising under
this title.''.
SEC. 102. CLARIFYING ELIGIBILITY FOR BLACK LUNG BENEFITS.
Section 411(c) of the Black Lung Benefits Act (30 U.S.C. 921(c)) is
amended by striking paragraph (3) and inserting the following:
``(3)(A) If x-ray, CT scan, biopsy, autopsy, or other
medically accepted and relevant test or procedure establishes
that a miner is suffering or has suffered from a chronic dust
disease of the lung, diagnosed as complicated pneumoconiosis or
progressive massive fibrosis (as determined in accordance with
subparagraph (B)), then there shall be an irrebuttable
presumption that such miner is totally disabled due to
pneumoconiosis, that the miner's death was due to
pneumoconiosis, or that at the time of death the miner was
totally disabled by pneumoconiosis, as the case may be.
``(B) For purposes of subparagraph (A), complicated
pneumoconiosis or progressive massive fibrosis can be
established by any of the following:
``(i) A chest radiograph, which yields one or more
large opacities whose greatest diameter exceeds 1
centimeter and would be classified in Category A, B, or
C in the International Classification of Radiographs of
Pneumoconioses by the International Labour
Organization, in the absence of more probative evidence
sufficient to establish that the etiology of the large
opacity is not pneumoconiosis.
``(ii) A chest CT scan, which yields one or more
large opacities whose greatest diameter exceeds 1
centimeter, in the absence of more probative evidence
sufficient to establish that the etiology of the large
opacity is not pneumoconiosis.
``(iii) A lung biopsy or autopsy, which would yield
a lesion at least 1 centimeter in its long axis
diameter if measured at the time of gross dissection.
``(iv) A diagnosis by other means that would
reasonably be expected to yield results described in
clause (i), (ii), or (iii).''.
SEC. 103. 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 (e), and in accordance
with subsection (e)(5) and sections 402(f)(1)(D) and 413(b);
and
``(2) if the conditions under subsection (c) are met, any
supplemental medical evidence described in subsection (d).
``(b) Authorizing Chest Scans.--In diagnosing whether there is
complicated pneumoconiosis as a part of the complete pulmonary
evaluation conducted under subsection (a), the Secretary shall
authorize a high-quality, low-dose or standard computerized tomography
scan where any or a combination of the following is found:
``(1) Any certified B reader of a chest radiograph
associated with an exam conducted under section 413(b) finds
pneumoconiosis (ILO category 2/1 or greater).
``(2) Any certified B reader of a chest radiograph
associated with an exam conducted under section 413(b) finds a
coalescence of small opacities.
``(c) Conditions for Supplemental Medical Evidence.--The Secretary
shall develop supplemental medical evidence, in accordance with
subsection (d)--
``(1) for any claim in which the Secretary recommends an
award of benefits based on the results of the initial report
under subsection (a)(1) and a party opposing such award submits
evidence that could be considered contrary to the findings of
the Secretary; and
``(2) for any compensation case under this title heard by
an administrative law judge, in which--
``(A) the Secretary has awarded benefits to the
claimant;
``(B) the party opposing such award has submitted
evidence not previously reviewed that could be
considered contrary to the award under subparagraph
(A); and
``(C) the claimant or, if the claimant is
represented by an attorney, the claimant's attorney
consents to the Secretary developing supplemental
medical evidence.
``(d) Process for Supplemental Medical Evidence.--
``(1) In general.--Except as provided under paragraph (2),
to develop supplemental medical evidence under conditions
described in subsection (c), the Secretary shall request the
physician who conducted the initial report under subsection
(a)(1) to--
``(A) review any medical evidence submitted after
such report or the most recent supplemental report, as
appropriate; and
``(B) update his or her opinion in a supplemental
report.
``(2) Alternative physician.--If such physician is no
longer available or is unwilling to provide supplemental
medical evidence under paragraph (1), the Secretary shall
select another qualified physician from the list provided
pursuant to subsection (e) to provide such evidence.
``(e) Qualified Physicians for Complete Pulmonary Evaluation and
Protections for Suitability and Potential Conflicts of Interest.--
``(1) Qualified physicians list.--The Secretary shall
create and maintain a list of qualified physicians to be
selected by a claimant to perform the complete pulmonary
evaluation described in subsection (a).
``(2) Public availability.--The Secretary shall make the
list under this subsection available to the public.
``(3) Annual evaluation.--Each year, the Secretary shall
update such list by reviewing the suitability of the listed
qualified physicians and assessing any potential conflicts of
interest.
``(4) Criteria for suitability.--The Secretary shall
include on the list under this subsection only those physicians
whom the Secretary determines are qualified, capable, and
willing to provide credible opinions consistent with the
premises underlying this Act. In determining whether a
physician is suitable to be on such list, the Secretary shall
consult the National Practitioner Data Bank of the Department
of Health and Human Services and assess reports of adverse
licensure, certifications, hospital privilege, and professional
society actions involving the physician. In no case shall such
list include any physician--
``(A) who is not licensed to practice medicine in
any State or any territory, commonwealth, or possession
of the United States;
``(B) whose license is revoked by a medical
licensing board of any State, territory, commonwealth,
or possession of the United States; or
``(C) whose license is suspended by a medical
licensing board of any State, territory, commonwealth,
or possession of the United States.
``(5) Conflicts of interest.--The Secretary shall develop
and implement policies and procedures to ensure that any actual
or potential conflict of interest of qualified physicians on
the list under this subsection, including both individual and
organizational conflicts of interest, are disclosed to the
Department, and to provide such disclosure to claimants. Such
policies and procedures shall provide that a physician shall
not be used to perform a complete pulmonary medical evaluation
under subsection (a) that is reimbursed pursuant to subsection
(g), if--
``(A) such physician is employed by, under contract
to, or otherwise providing services to a private party
opposing the claim, a law firm or lawyer representing
such opposing party, or an interested insurer or other
interested third party; or
``(B) such physician has been retained by a private
party opposing the claim, a law firm or lawyer
representing such opposing party, or an interested
insurer or other interested third party in the previous
24 months.
``(f) Record.--Upon receipt of any initial report or supplemental
report under this section, the Secretary shall enter the report in the
record and provide a copy of such report to all parties to the
proceeding.
``(g) Expenses.--All expenses related to obtaining the medical
evidence under this section shall be paid for by the fund. If a
claimant receives a final award of benefits, the operator liable for
payment of benefits, if any, shall reimburse the fund for such
expenses, which shall include interest.''.
SEC. 104. FALSE STATEMENTS OR MISREPRESENTATIONS, ATTORNEY
DISQUALIFICATION, AND DISCOVERY SANCTIONS.
Section 431 of the Black Lung Benefits Act (30 U.S.C. 941) is
amended to read as follows:
``SEC. 431. FALSE STATEMENTS OR MISREPRESENTATIONS, ATTORNEY
DISQUALIFICATION, AND DISCOVERY SANCTIONS.
``(a) In General.--No person, including any claimant, physician,
operator, duly authorized agent of such operator, or employee of an
insurance carrier, shall--
``(1) knowingly and willfully make a false statement or
misrepresentation for the purpose of obtaining, increasing,
reducing, denying, or terminating benefits under this title; or
``(2) knowingly and willfully threaten, coerce, intimidate,
deceive, or mislead a party, representative, witness, potential
witness, judge, or anyone participating in a proceeding
regarding any matter related to a proceeding under this title.
``(b) Fine; Imprisonment.--Any person who engages in the conduct
described in subsection (a) shall, upon conviction, be subject to a
fine in accordance with title 18, United States Code, imprisoned for
not more than 5 years, or both.
``(c) Prompt Investigation.--The United States Attorney for the
district in which the conduct described in subsection (a) is alleged to
have occurred shall make every reasonable effort to promptly
investigate each complaint of a violation of such subsection.
``(d) Disqualification.--
``(1) In general.--An attorney or expert witness who
engages in the conduct described in subsection (a) shall, in
addition to the fine or imprisonment provided under subsection
(b), be permanently disqualified from representing any party,
or appearing in any proceeding, under this title.
``(2) Attorney disqualification.--In addition to the
disqualification described in paragraph (1), the Secretary may
disqualify an attorney from representing any party in any
administrative proceeding under this title for either a limited
term or permanently, if the attorney--
``(A) engages in any action or behavior that is
prejudicial to the fair and orderly conduct of such
proceeding; or
``(B) is suspended or disbarred by any court of the
United States, any State, or any territory,
commonwealth, or possession of the United States with
jurisdiction over the proceeding.
``(e) Discovery Sanctions.--An administrative law judge may
sanction a party who fails to comply with an order to compel discovery
or disclosure, or to supplement earlier responses, in a proceeding
under this title. These sanctions may include, as appropriate--
``(1) drawing an adverse inference against the noncomplying
party on the facts relevant to the discovery or disclosure
order;
``(2) limiting the noncomplying party's claims, defenses,
or right to introduce evidence; and
``(3) rendering a default decision against the noncomplying
party.
``(f) Regulations.--The Secretary shall promulgate a proposed rule
not later than 180 days after the date of enactment of this Act and a
final rule not later than 18 months after such date of enactment,
that--
``(1) provides procedures for the disqualifications and
sanctions under this section and is appropriate for all
parties; and
``(2) distinguishes between parties that are represented by
an attorney and parties that are not represented by an
attorney.''.
SEC. 105. READJUDICATING CASES INVOLVING CERTAIN CHEST RADIOGRAPHS.
Part C of the Black Lung Benefits Act (30 U.S.C. 931 et seq.), as
amended by section 103, is further amended by adding at the end the
following:
``SEC. 436. READJUDICATING CASES INVOLVING DISCREDITED EXPERT OPINIONS.
``(a) Definitions.--In this section:
``(1) Covered chest radiograph.--The term `covered chest
radiograph' means a chest radiograph that was interpreted as
negative for simple pneumoconiosis, complicated pneumoconiosis,
or progressive massive fibrosis by a physician with respect to
whom the Secretary has directed, in writing and after an
evaluation by the Secretary, that such physician's negative
interpretations of chest radiographs not be credited, except
where subsequently determined to be credible by the Secretary
in evaluating a claim for benefits under this title.
``(2) Covered individual.--The term `covered individual'
means an individual whose record for a claim for benefits under
this title includes a covered chest radiograph.
``(3) Covered survivor.--The term `covered survivor' means
an individual who--
``(A) is a survivor of a covered individual whose
claim under this Act was still pending at the time of
the covered individual's death; and
``(B) continued to seek an award with respect to
the covered individual's claim after the covered
individual's death.
``(b) Claims.--A covered individual or a covered survivor whose
claim for benefits under this title was denied may file a new claim for
benefits under this title.
``(c) Adjudication on the Merits.--
``(1) In general.--Any new claim filed under subsection (b)
shall be adjudicated on the merits and shall not include
consideration of a covered chest radiograph.
``(2) Covered survivor.--Any new claim filed under
subsection (b) by a covered survivor shall be adjudicated as
either a miner's or a survivor's claim depending upon the type
of claim pending at the time of the covered individual's death.
``(d) Time of Payment.--
``(1) Miner's claim.--If a claim, filed under subsection
(b) and adjudicated under subsection (c) as a miner's claim,
results in an award of benefits, benefits shall be payable
beginning with the month of the filing of the denied claim that
had included in its record a covered chest radiograph.
``(2) Survivor's claim.--If a claim, filed under subsection
(b) and adjudicated under subsection (c) as a survivor's claim,
results in an award of benefits, benefits shall be payable
beginning with the month of the miner's death.
``(e) Contributing Impact.--The Secretary shall have the discretion
to deny a new claim under subsection (b) in circumstances where the
party opposing such claim establishes through clear and convincing
evidence that a covered chest radiograph did not contribute to the
decision to deny benefits in all prior claims filed by the covered
individual or the covered survivor.
``(f) Limitation on Filing of New Claims.--A new claim for benefits
may be filed under subsection (b) only if the original claim was
finally denied by a district director, an administrative law judge, or
the Benefits Review Board established under section 21(b) of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)).''.
SEC. 106. ATTORNEYS' FEES AND MEDICAL EXPENSES PAYMENT PROGRAM.
Part A of the Black Lung Benefits Act (30 U.S.C. 901 et seq.) is
amended by adding at the end the following:
``SEC. 403. ATTORNEYS' FEES AND MEDICAL EXPENSES 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
2023, the Secretary shall establish a payment program to pay
attorneys' fees and other reasonable and unreimbursed medical
expenses incurred in establishing the claimant's case, using
amounts from the fund, to the attorneys of claimants in
qualifying claims.
``(2) Qualifying claim.--A qualifying claim for purposes of
this section is a contested claim for benefits under this title
for which a final order has not been entered within 2 years of
the filing of the claim.
``(3) Use of payments from the fund.--Notwithstanding any
other provision of law, amounts in the fund shall be available
for payments authorized by the Secretary under this section.
``(b) Payments Authorized.--
``(1) Attorneys' fees.--If a claimant for benefits under
this title obtains a proposed decision and order from a
district director with an award of benefits for a qualifying
claim, or an award for a qualifying claim before an
administrative law judge, the district director may approve
attorneys' fees for work done before such director in an amount
not to exceed $1,500 and an administrative law judge may
approve attorneys' fees for work done before such judge in an
amount not to exceed $3,000. The Secretary shall, through the
program under this section, pay such amounts approved.
``(2) Medical expenses.--If a claimant for benefits under
this title obtains a proposed decision and order from a
district director with an award of benefits for a qualifying
claim, or an award for a qualifying claim before an
administrative law judge, such district director and
administrative law judge may each approve an award to the
claimant's attorney of reasonable and unreimbursed medical
expenses incurred in establishing the claimant's case in an
amount not to exceed $1,500. The Secretary shall, through the
program under this section, pay such amounts approved.
``(3) Maximum.--The Secretary, through the program
established under this section, shall for any single qualifying
claim pay--
``(A) not more than a total of $4,500 in attorneys'
fees; and
``(B) not more than $3,000 in medical expenses.
``(c) Reimbursement of Funds.--In any case in which a qualifying
claim results in a final order awarding compensation, the liable
operator shall reimburse the fund for any fees or expenses paid under
this section, subject to enforcement by the Secretary under section 424
and in the same manner as compensation orders are enforced under
section 21(d) of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 921(d)).
``(d) Additional Program Rules.--Nothing in this section shall
limit or otherwise affect an operator's liability for any attorneys'
fees, medical expenses, or other allowable and unreimbursed expenses
awarded by the district director or an administrative law judge that
were not paid by the program under this section. Nothing in this
section shall limit or otherwise affect the Secretary's authority to
use amounts in the fund to pay approved attorneys' fees and other
allowable and unreimbursed expenses in claims for benefits under this
title for which a final order awarding compensation has been entered
and the operator is unable or refuses to pay.
``(e) No Recoupment.--Any payment for attorneys' fees or medical
expenses made by the Secretary under this section shall not be recouped
from the claimant or the claimant's attorney.''.
SEC. 107. 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,
2024, at a rate equal to 37\1/2\ percent of the monthly
pay rate for Federal employees in grade GS-2, step 1;
``(B) for the calendar year beginning on January 1,
2024, at a rate of $9,627.60 per year, payable in 12
equal monthly payments; and
``(C) for each calendar year thereafter, at a rate
equal to the product of the rate in effect under this
paragraph for the calendar year immediately preceding
such calendar year multiplied by the ratio (not less
than 1) of--
``(i) the Consumer Price Index for Urban
Wage Earners and Clerical Workers, as published
by the Bureau of Labor Statistics, for the
calendar year immediately preceding such
calendar year; to
``(ii) such Consumer Price Index for the
second calendar year preceding such calendar
year.''.
SEC. 108. DISCLOSURE OF EMPLOYMENT AND EARNINGS INFORMATION FOR BLACK
LUNG BENEFITS CLAIMS.
(a) Tax Return Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information to department of
labor to carry out black lung benefits act.--
``(A) In general.--The Commissioner of Social
Security shall, on written request with respect to any
individual, disclose to officers or employees of the
Department of Labor return information from returns
with respect to net earnings from self-employment (as
defined in section 1402) and wages (as defined in
section 3121(a) or 3401(a)) for employment for each
employer of such individual.
``(B) Restriction on disclosure.--The Commissioner
of Social Security shall disclose return information
under subparagraph (A) only for purposes of, and to the
extent necessary in, carrying out the proper
administration of the Black Lung Benefits Act (30
U.S.C. 901 et seq.).''.
(2) Conforming amendments.--Section 6103(p)(4) of such Code
is amended--
(A) in the matter preceding subparagraph (A), by
striking ``or (22)'' and inserting ``(22), or (23)'';
and
(B) in subparagraph (F)(ii), by striking ``or
(22),'' and inserting ``(22), or (23)''.
(b) Social Security Earnings Information.--Notwithstanding section
552a of title 5, United States Code, or any other provision of Federal
or State law, the Commissioner of Social Security shall make available
to the officers and employees of the Department of Labor, upon written
request, the Social Security earnings information of living or deceased
individuals who are the subject of a claim under the Black Lung
Benefits Act (30 U.S.C. 901 et seq.), which the Secretary of Labor may
require to carry out such Act. Such information shall be made available
in electronic form.
PART B--REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS UNDER THE
BLACK LUNG BENEFITS ACT
SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Labor shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Education and 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; and
(4) with respect to claims filed under the Black Lung
Benefits Act (30 U.S.C. 901 et seq.), the necessary resources
needed to reduce the average pendency of cases to less than 12
months from the date of receipt of the case to the date of
disposition of such case.
PART C--IMPROVEMENT IN THE FINANCIAL SECURITY OF THE BLACK LUNG
BENEFITS DISABILITY TRUST FUND
SEC. 131. POLICIES FOR SECURING THE PAYMENT OF BENEFITS.
(a) In General.--
(1) Interim rule.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall publish an interim
final rule setting forth the requirements for an operator of a
coal mine to qualify as a self-insurer with respect to any
portion of the operator's liabilities under the Black Lung
Benefits Act, as described in section 423(a)(1) of such Act (30
U.S.C. 933(a)(1)).
(2) Final rule.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall promulgate a final
rule setting forth the requirements for an operator of a coal
mine to qualify as a self-insurer with respect to any portion
of the operator's liabilities under the Black Lung Benefits
Act, as described in section 423(a)(1) of such Act (30 U.S.C.
933(a)(1)).
(3) Contents.--Any rule under this subsection shall--
(A) establish criteria, relating to the financial
health of the operator (including creditworthiness,
long-term enterprise viability, and other liabilities),
on which the eligibility of the operator to seek and
maintain qualification as a self-insurer shall be
determined;
(B) establish procedures to determine on an annual
basis (or more frequently, as determined necessary by
the Secretary) the minimum amount of security
sufficient to insure current (as of the date of the
determination) and projected liabilities; and
(C) establish procedures for review by the
Secretary of operator appeals of determinations
described in subparagraphs (A) and (B).
(b) Penalties.--
(1) In general.--Section 423(d)(1) of the Black Lung
Benefits Act (30 U.S.C. 933(d)(1)) is amended--
(A) by striking ``$1,000'' and inserting
``$25,000'';
(B) by inserting ``chief executive officer, chief
operating officer,'' after the word ``president,'' each
place it appears;
(C) by striking ``and treasurer'' each place it
appears and inserting ``treasurer, and other
responsible party''; and
(D) by striking ``for any benefit'' and all that
follows through ``this section.'' and inserting ``for--
``(A) any benefit which may accrue under this title in
respect to any disability which may occur to any employee of
such corporation while it shall so fail to secure the payment
of benefits as required by this section; or
``(B) in the event of bankruptcy or other permanent
abandonment of the obligation to secure the payment of
benefits, the difference between the actuarial present value of
the benefits to be paid by the fund under section 424(b)(1),
projected as of the date of failure to secure such payment, and
any security recovered or surrendered, with interest.''.
(2) Other responsible party defined.--Section 402 of the
Black Lung Benefits Act (30 U.S.C. 902) is amended by adding at
the end the following:
``(j) The term `other responsible party' means--
``(1) an individual, partnership, joint venture,
corporation, mutual company, joint-stock company, trust,
estate, unincorporated organization, association, or other
enterprise that possesses, directly or indirectly, the power to
direct or cause the direction of the management and policies of
an operator or employer; or
``(2) any trade or business (whether or not incorporated)
that is under common control with an operator or employer.''.
TITLE II--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS
SEC. 201. OFFICE OF WORKERS' COMPENSATION PROGRAMS.
(a) Establishment.--There shall be established, in the Department
of Labor, an Office of Workers' Compensation Programs (referred to in
this section as the ``Office'').
(b) Director.--
(1) In general.--The Office shall be directed by a Director
for the Office of Workers' Compensation Programs (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 Programs as of the day before the date of
enactment of this Act.
(c) Functions.--The functions of the Office on and after the date
of enactment of this Act shall include the functions of the Office on
the day before the date of enactment of this Act, including all of its
personnel, assets, authorities, and liabilities.
(d) References to Bureau of Employees' Compensation.--Reference in
any other Federal law, Executive order, reorganization plan, rule,
regulation, or delegation of authority, or any document of or relating
to the Bureau of Employees' Compensation with regard to functions
carried out by the Office of Workers' Compensation Programs, shall be
deemed to refer to the Office of Workers' Compensation Programs.
TITLE III--ADDITIONAL PROVISIONS
SEC. 301. TECHNICAL AND CONFORMING AMENDMENTS.
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended--
(1) in section 401(a) (30 U.S.C. 901(a)), by inserting ``or
who were found to be totally disabled by such disease'' after
``such disease'';
(2) in section 402 (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 legally married at the time
of the miner's death under the laws of the State where the marriage was
celebrated. Such term also includes a `surviving divorced wife' or
`surviving divorced husband', as such terms are defined in paragraph
(2) or (5) of section 216(d) of such Act who for the month preceding
the month in which the miner died, was receiving at least one-half of
his or her support, as determined in accordance with regulations
prescribed by the Secretary, from the miner, or was receiving
substantial contributions from the miner (pursuant to a written
agreement) or there was in effect a court order for substantial
contributions to the spouse's support from the miner at the time of the
miner's death.'';
(C) in subsection (f)(2)--
(i) in subparagraph (A), by inserting ``,
as in effect on the day before the date of
enactment of the Black Lung Consolidation of
Administrative Responsibility Act (Public Law
107-275)'' after ``section 435(a)''; and
(ii) in subparagraph (B), by inserting ``,
as in effect on the day before the date of
enactment of the Black Lung Consolidation of
Administrative Responsibility Act (Public Law
107-275)'' after ``section 435(b)'';
(D) in subsection (g)--
(i) in paragraph (2)(B)(ii), by striking
``he ceased'' and inserting ``the individual
ceased''; and
(ii) in the matter following paragraph
(2)(C), by striking ``widow'' each place it
appears and inserting ``surviving spouse'';
(E) in subsection (h), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(F) in subsection (i), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986'';
(3) in section 411 (30 U.S.C. 921)--
(A) by striking subsection (a) and inserting the
following:
``(a) The Secretary shall, in accordance with the provisions of
this title, and the regulations promulgated by the Secretary under this
title, make payments of benefits in respect of--
``(1) total disability of any miner due to pneumoconiosis;
``(2) the death of any miner whose death was due to
pneumoconiosis;
``(3) total disability of any miner at the time of the
miner's death with respect to a claim filed under part C prior
to January 1, 1982;
``(4) survivors' benefits for any survivor's claim filed
after January 1, 2005, that is pending on or after March 23,
2010, where the miner is found entitled to receive benefits on
a claim filed under part C; and
``(5) survivors' benefits where the miner is found entitled
to receive benefits on a claim filed under part C before
January 1, 1982.''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``his
pneumoconiosis'' and inserting ``the miner's
pneumoconiosis''; and
(ii) in paragraph (2), by striking ``his
death'' and inserting ``the miner's death'';
(4) in section 412 (30 U.S.C. 922)--
(A) in subsection (a)--
(i) by striking paragraph (2) and inserting
the following:
``(2) In the case of a surviving spouse--
``(A) of a miner whose death is due to pneumoconiosis;
``(B) in a claim filed after January 1, 2005, and that is
pending on or after March 23, 2010, of a miner who is found
entitled to receive benefits on a claim filed under part C;
``(C) of a miner who is found entitled to receive benefits
on a claim filed under part C before January 1, 1982; or
``(D) in a claim filed under part C before January 1, 1982,
of a miner who was totally disabled by pneumoconiosis at the
time of the miner's death,
benefits shall be paid to the miner's surviving spouse at the rate the
deceased miner would receive such benefits if 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
it appears and inserting ``the child'';
(III) by striking ``widow'' each
place it appears and inserting
``surviving spouse''; and
(IV) by adding at the end the
following:
``(B) Subparagraph (A) shall apply in the case of any child or
children--
``(i) of a miner whose death is due to pneumoconiosis;
``(ii) in a claim filed after January 1, 2005, that is
pending on or after March 23, 2010, of a miner who is found
entitled to receive benefits on a claim filed under part C;
``(iii) of a miner who is found entitled to receive
benefits on a claim filed under part C before January 1, 1982;
``(iv) in a claim filed under part C before January 1,
1982, of a miner who was totally disabled by pneumoconiosis at
the time of the miner's death;
``(v) of a surviving spouse who is found entitled to
receive benefits under this part at the time of the surviving
spouse's death; or
``(vi) entitled to the payment of benefits under paragraph
(5) of section 411(c).'';
(iii) in paragraph (5)--
(I) by striking the first sentence
and inserting the following: ``In the
case of the dependent parent or parents
of a miner who is not survived at the
time of death by a surviving spouse or
a child and (i) whose death is due to
pneumoconiosis, (ii) in a claim filed
after January 1, 2005, that is pending
on or after March 23, 2010, who is
found entitled to receive benefits on a
claim filed under part C, (iii) who is
found entitled to receive benefits on a
claim filed under part C before January
1, 1982, or (iv) in a claim filed under
part C before January 1, 1982, who was
totally disabled by pneumoconiosis at
the time of the miner's death; in the
case of the dependent surviving
brother(s) or sister(s) of such a miner
who is not survived at the time of the
miner's death by a surviving spouse,
child, or parent; in the case of the
dependent parent or parents of such 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 such 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 the Secretary'';
(B) in subsection (b)--
(i) by striking ``his'' each place it
appears and inserting ``such miner's''; and
(ii) by striking ``widow'' each place it
appears and inserting ``surviving spouse''; and
(C) in subsection (c), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986'';
(5) in section 413 (30 U.S.C. 923)--
(A) in subsection (b)--
(i) in the second sentence, by striking
``his wife's affidavits'' and inserting
``affidavits of the miner's spouse'';
(ii) in the ninth sentence, by striking
``widow'' and inserting ``surviving spouse'';
and
(iii) by striking the last sentence; and
(B) in subsection (c), by striking ``his claim''
and inserting ``the claim'';
(6) in section 414 (30 U.S.C. 924)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``widow,
within six months after the death of her
husband'' and inserting ``surviving spouse,
within six months after the death of the
miner''; and
(ii) in paragraph (2)(C), by striking
``his'' and inserting ``the child's''; and
(B) in subsection (e)--
(i) by striking ``widow'' and inserting
``surviving spouse''; and
(ii) by striking ``his death'' and
inserting ``the miner's death'';
(7) in section 415(a) (30 U.S.C. 925(a))--
(A) in paragraph (1), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(B) in paragraph (2)--
(i) by striking ``he'' and inserting ``the
Secretary''; and
(ii) by striking ``him'' and inserting
``the 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 ``the
Secretary''; and
(ii) in subparagraph (F), by striking
``promulgated by him'' and inserting
``promulgated by the 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 ``the
Secretary'';
(B) in subsection (c), by inserting ``, as in
effect on the day before the date of enactment of the
Black Lung Consolidation of Administrative
Responsibility Act (Public Law 107-275)'' after
``section 435'';
(C) in subsection (i)(4), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(D) in subsection (j)--
(i) by striking ``Internal Revenue Code of
1954'' each place it appears and inserting
``Internal Revenue Code of 1986''; and
(ii) in paragraph (3), by inserting ``, as
in effect on the day before the date of
enactment of the Black Lung Consolidation of
Administrative Responsibility Act (Public Law
107-275)'' after ``section 435'';
(10) in section 423(a) (30 U.S.C. 933(a)), by striking
``he'' and inserting ``such operator'';
(11) in section 424(b) (30 U.S.C. 934(b))--
(A) in the matter following subparagraph (B) of
paragraph (1), by striking ``him'' and inserting ``such
operator'';
(B) in paragraph (3), by striking ``Internal
Revenue Code of 1954'' each place it appears and
inserting ``Internal Revenue Code of 1986''; and
(C) in paragraph (5), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986'';
(12) in section 428 (30 U.S.C. 938)--
(A) in subsection (a), by striking ``him'' and
inserting ``such operator''; and
(B) in subsection (b)--
(i) in the first sentence, by striking
``he'' and inserting ``the miner'';
(ii) in the third sentence, by striking
``he'' and inserting ``the Secretary'';
(iii) in the ninth sentence--
(I) by striking ``he'' each place
it appears and inserting ``the
Secretary''; and
(II) by striking ``his'' and
inserting ``the miner's''; and
(iv) in the tenth sentence, by striking
``he'' each place it appears and inserting
``the Secretary''; and
(13) in section 430 (30 U.S.C. 940)--
(A) by striking ``1977 and'' and inserting
``1977,''; and
(B) by striking ``1981'' and inserting ``1981, and
the Black Lung Benefits Improvement Act of 2023, and
any amendments made after the date of enactment of such
Act,''.
SEC. 302. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act and the amendments made by this Act, and the
application of the provisions or amendment to any other person or
circumstance, shall not be affected by the holding.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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