[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6102 Reported in House (RH)]
<DOC>
Union Calendar No. 483
117th CONGRESS
2d Session
H. R. 6102
[Report No. 117-589, Part I]
To ensure that claims for benefits under the Black Lung Benefits Act
are processed in a fair and timely manner, to better protect miners
from pneumoconiosis (commonly known as ``black lung disease''), and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2021
Mr. Cartwright (for himself and Mr. Scott of Virginia) introduced the
following bill; which was referred to the Committee on Education and
Labor, and in addition to the Committee on Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
December 2, 2022
Reported from the Committee on Education and Labor with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 2, 2022
Referral to the Committee on Ways and Means extended for a period
ending not later than December 15, 2022
December 15, 2022
Referral to the Committee on Ways and Means extended for a period
ending not later than December 23, 2022
December 23, 2022
Additional sponsors: Mr. Carson, Ms. Adams, Mr. Mfume, Mr. Bowman, Ms.
Sherrill, Ms. Wilson of Florida, Mr. DeSaulnier, Mr. Levin of Michigan,
Ms. Bonamici, Mr. Takano, Mr. Norcross, and Mr. Lynch
December 23, 2022
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
December 1, 2021]
_______________________________________________________________________
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 2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
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.
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
Pneumoconiosis by the International Labor Organization,
in the absence of more probative evidence sufficient to
establish that the etiology of the large opacity is not
pneumoconiosis.
``(ii) A chest CT scan, which yields one or more
large opacities whose greatest diameter exceeds 1
centimeter, in the absence of more probative evidence
sufficient to establish that the etiology of the large
opacity is not pneumoconiosis.
``(iii) A lung biopsy or autopsy, which would yield
a lesion at least 1 centimeter in its long axis
diameter if measured at the time of gross dissection.
``(iv) A diagnosis by other means that would
reasonably be expected to yield results described in
clause (i), (ii), or (iii).''.
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 (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) Authorizing Chest Scans.--In diagnosing whether there is
complicated pneumoconiosis as a part of a medical examination conducted
under subsection (a), the Secretary shall authorize a high-quality,
low-dose or standard computerized tomography scan where any or a
combination of the following is found:
``(1) Any certified B reader of a chest radiograph
associated with an exam conducted under section 413(b) finds
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 only those physicians whom the Secretary
determines are qualified, capable, and willing to provide
credible opinions consistent with the premises underlying this
Act. In determining whether a physician is suitable to be on
the list under this subsection, the Secretary shall consult the
National Practitioner Data Bank of the Department of Health and
Human Services and assess reports of adverse licensure,
certifications, hospital privilege, and professional society
actions involving the physician. In no case shall such list
include any physician--
``(A) who is not licensed to practice medicine in
any State or any territory, commonwealth, or possession
of the United States;
``(B) whose license is revoked by a medical
licensing board of any State, territory, commonwealth,
or possession of the United States; or
``(C) whose license is suspended by a medical
licensing board of any State, territory, commonwealth,
or possession of the United States.
``(5) Conflicts of interest.--The Secretary shall develop
and implement policies and procedures to ensure that any actual
or potential conflict of interest of qualified physicians on
the list under this subsection, including both individual and
organizational conflicts of interest, are disclosed to the
Department, and to provide such disclosure to claimants. Such
policies and procedures shall provide that a physician with a
conflict of interest shall not be used to perform a complete
pulmonary medical evaluation under subsection (a) that is
reimbursed pursuant to subsection (g) if--
``(A) such physician is employed by, under contract
to, or otherwise providing services to a private party
opposing the claim, a law firm or lawyer representing
such opposing party, or an interested insurer or other
interested third party; or
``(B) such physician has been retained by a private
party opposing the claim, a law firm or lawyer
representing such opposing party, or an interested
insurer or other interested third party in the previous
24 months.
``(f) Record.--Upon receipt of any initial report or supplemental
report under this section, the Secretary shall enter the report in the
record and provide a copy of such report to all parties to the
proceeding.
``(g) Expenses.--All expenses related to obtaining the medical
evidence under this section shall be paid for by the fund. If a
claimant receives a final award of benefits, the operator liable for
payment of benefits, if any, shall reimburse the fund for such
expenses, which shall include interest.''.
SEC. 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 Act.
``(2) Covered individual.--The term `covered individual'
means an individual whose record for a claim for benefits under
this Act includes a covered chest radiograph.
``(3) Covered survivor.--The term `covered survivor' means
an individual who--
``(A) is a survivor of a covered individual whose
claim under this Act was still pending at the time of
the covered individual's death; and
``(B) who continued to seek an award with respect
to the covered individual's claim after the covered
individual's death.
``(b) Claims.--A covered individual or a covered survivor whose
claim for benefits under this Act was denied may file a new claim for
benefits under this Act.
``(c) Adjudication on the Merits.--
``(1) In general.--Any new claim filed under subsection (b)
shall be adjudicated on the merits and shall not include
consideration of a covered chest radiograph.
``(2) Covered survivor.--Any new claim filed under
subsection (b) by a covered survivor shall be adjudicated as
either a miner's or a survivor's claim depending upon the type
of claim pending at the time of the covered individual's death.
``(d) Time of Payment.--
``(1) Miner's claim.--If a claim, filed under subsection
(b) and adjudicated under subsection (c) as a miner's claim,
results in an award of benefits, benefits shall be payable
beginning with the month of the filing of the denied claim that
had included in its record a covered chest radiograph.
``(2) Survivor's claim.--If a claim, filed under subsection
(b) and adjudicated under subsection (c) as a survivor's claim,
results in an award of benefits, benefits shall be payable
beginning with the month of the miner's death.
``(e) Contributing Impact.--The Secretary shall have the discretion
to deny a new claim under subsection (b) in circumstances where the
party opposing such claim establishes through clear and convincing
evidence that a covered chest radiograph did not contribute to the
decision to deny benefits in all prior claims filed by the covered
individual or the covered survivor.
``(f) Limitation on Filing of New Claims.--A new claim for benefits
may be filed under subsection (b) only if the original claim was
finally denied by a district director, an administrative law judge, or
the Benefits Review Board established under section 21(b) of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)).''.
SEC. 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
2022, 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 two 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 program established under this section
shall not pay more than a total of $4,500 in attorneys' fees
nor more than $3,000 in medical expenses for any single
qualifying claim.
``(c) Reimbursement of Funds.--In any case in which a qualifying
claim results in a final order awarding compensation, the liable
operator shall reimburse the fund for any fees or expenses paid under
this section, subject to enforcement by the Secretary under section 424
and in the same manner as compensation orders are enforced under
section 21(d) of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 921(d)).
``(d) Additional Program Rules.--Nothing in this section shall
limit or otherwise affect an operator's liability for any attorneys'
fees, medical expenses, or other allowable and unreimbursed expenses
awarded by the district director or an administrative law judge that
were not paid by the program under this section. Nothing in this
section shall limit or otherwise affect the Secretary's authority to
use amounts in the fund to pay approved attorneys' fees and other
allowable and unreimbursed expenses in claims for benefits under this
title for which a final order awarding compensation has been entered
and the operator is unable or refuses to pay.
``(e) No Recoupment.--Any payment for attorneys' fees or medical
expenses made by the Secretary under this section shall not be recouped
from the claimant or the claimant's attorney.''.
SEC. 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, 2022, 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, 2022,
at a rate of $8,834.01 per year, payable in 12 equal monthly
payments; and
``(C) for each calendar year thereafter, at a rate equal to
the product of the rate in effect under this paragraph for the
calendar year immediately preceding such calendar year
multiplied by the ratio (not less than 1) of--
``(i) the Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W, as published by
the Bureau of Labor Statistics of the Department of
Labor) for the calendar year immediately preceding such
calendar year, to
``(ii) the CPI-W for the second calendar year
preceding such calendar year.''.
SEC. 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 the
extent necessary in, carrying out the proper
administration of the Black Lung Benefits Act (30
U.S.C. 901 et seq.).''.
(2) Conforming amendments.--Section 6103(p)(4) of such Code
is amended--
(A) in the matter preceding subparagraph (A), by
striking ``or (22)'' and inserting ``(22), or (23)'';
and
(B) in subparagraph (F)(ii), by striking ``or
(22),'' and inserting ``(22), or (23)''.
(b) Social Security Earnings Information.--Notwithstanding section
552a of title 5, United States Code, or any other provision of Federal
or State law, the Commissioner of Social Security shall make available
to the officers and employees of the Department of Labor, upon written
request, the Social Security earnings information of living or deceased
individuals who are the subject of a claim under the Black Lung
Benefits Act (30 U.S.C. 901 et seq.), which the Secretary of Labor may
require to carry out such Act. Such information shall be made available
in electronic form.
PART B--REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS UNDER THE
BLACK LUNG BENEFITS ACT
SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Labor shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Education and Labor
and the Committee on Appropriations of the House of Representatives a
comprehensive strategy to reduce the backlog of cases pending on such
date of enactment before the Office of Administrative Law Judges of the
Department of Labor.
(b) Contents of Strategy.--The strategy under this section shall
provide information relating to--
(1) the current and targeted pendency for each category of
cases before the Office of Administrative Law Judges of the
Department of Labor;
(2) the number of administrative law judges, attorney
advisors supporting such judges, support staff, and other
resources necessary to achieve and maintain the targeted
pendency for each category of such cases;
(3) the necessary resources to improve efficiency and
effectiveness, such as equipment for video conferences,
training, use of reemployed annuitants, and administrative
reforms; and
(4) with respect to claims filed under the Black Lung
Benefits Act (30 U.S.C. 901 et seq.), the necessary resources
needed to reduce the average pendency of cases to less than 12
months from the date of receipt of the case to the date of
disposition of such case.
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.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall publish an interim final rule setting
forth the requirements for an operator of a coal mine to qualify as a
self-insurer with respect any portion of the operator's liabilities
under the Black Lung Benefits Act, as described in section 423(a)(1) of
such Act (30 U.S.C. 933(a)(1)). Such rule shall--
(1) 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;
(2) establish procedures to determine on an annual basis
(or more frequently, where deemed necessary by the Secretary)
the minimum amount of security sufficient to insure current and
projected liabilities; and
(3) establish procedures for review by the Secretary of
operator appeals of determinations described in paragraphs (1)
and (2).
The Secretary shall promulgate a final rule not later than 12 months
after the date of enactment of this Act.
(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'';
(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 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 benefits, less any security
recovered or surrendered, plus interest.''.
(2) Other responsible party defined.--Section 402 of the
Black Lung Benefits Act (30 U.S.C. 902) is amended by inserting
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)
which 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 (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 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--
(A) in subsection (a), by striking paragraph (2)
and inserting the following:
``(2) a spouse who is a member of the same household as the
miner, or is receiving regular contributions from the miner for
support, or whose spouse is a miner who has been ordered by a
court to contribute to support, or who meets the requirements
of paragraph (1) or (2) of section 216(b) of the Social
Security Act or paragraph (1) or (2) of section 216(f) of such
Act. An individual is the `spouse' of a miner when such
individual is legally married to the miner under the laws of
the State where the marriage was celebrated. The term `spouse'
also includes a `divorced wife' or `divorced husband', as such
terms are defined in paragraph (1) or (4) of section 216(d) of
such Act, who is receiving at least one-half of his or her
support, as determined in accordance with regulations
prescribed by the Secretary, from the miner, or is receiving
substantial contributions from the miner (pursuant to a written
agreement), or there is in effect a court order for substantial
contributions to the spouse's support from such miner.'';
(B) by striking subsection (e) and inserting the
following:
``(e) The term `surviving spouse' includes the spouse living with
or dependent for support on the miner at the time of the miner's death,
or living apart for reasonable cause or because of the miner's
desertion, or who meets the requirements of subparagraph (A), (B), (C),
(D), or (E) of section 216(c)(1) of the Social Security Act,
subparagraph (A), (B), (C), (D), or (E) of section 216(g)(1) of such
Act, or section 216(k) of such Act, who is not married. An individual
is the `surviving spouse' of a miner when legally married at the time
of the miner's death under the laws of the State where the marriage was
celebrated. Such term also includes a `surviving divorced wife' or
`surviving divorced husband', as such terms are defined in paragraph
(2) or (5) of section 216(d) of such Act who for the month preceding
the month in which the miner died, was receiving at least one-half of
his or her support, as determined in accordance with regulations
prescribed by the Secretary, from the miner, or was receiving
substantial contributions from the miner (pursuant to a written
agreement) or there was in effect a court order for substantial
contributions to the spouse's support from the miner at the time of the
miner's death.'';
(C) in subsection (g)--
(i) in paragraph (2)(B)(ii), by striking
``he ceased'' and inserting ``the individual
ceased''; and
(ii) in the matter following paragraph
(2)(C), by striking ``widow'' each place it
appears and inserting ``surviving spouse'';
(D) in subsection (h), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(E) in subsection (i), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986'';
(3) in section 411 (30 U.S.C. 921)--
(A) by striking subsection (a) and inserting the
following:
``(a) The Secretary shall, in accordance with the provisions of
this title, and the regulations promulgated by the Secretary under this
title, make payments of benefits in respect of--
``(1) total disability of any miner due to pneumoconiosis;
``(2) the death of any miner whose death was due to
pneumoconiosis;
``(3) total disability of any miner at the time of the
miner's death with respect to a claim filed under part C prior
to January 1, 1982;
``(4) survivors' benefits for any survivor's claim filed
after January 1, 2005, that is pending on or after March 23,
2010, where the miner is found entitled to receive benefits on
a claim filed under part C; and
``(5) survivors' benefits where the miner is found entitled
to receive benefits on a claim filed under part C before
January 1, 1982.''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``his
pneumoconiosis'' and inserting ``the miner's
pneumoconiosis''; and
(ii) in paragraph (2), by striking ``his
death'' and inserting ``the miner's death'';
(4) in section 412 (30 U.S.C. 922)--
(A) in subsection (a)--
(i) by striking paragraph (2) and inserting
the following:
``(2) In the case of a surviving spouse--
``(A) of a miner whose death is due to pneumoconiosis;
``(B) in a claim filed after January 1, 2005, and that is
pending on or after March 23, 2010, of a miner who is found
entitled to receive benefits on a claim filed under part C;
``(C) of a miner who is found entitled to receive benefits
on a claim filed under part C before January 1, 1982; or
``(D) in a claim filed under part C before January 1, 1982,
of a miner who was totally disabled by pneumoconiosis at the
time of the miner's death,
benefits shall be paid to the miner's surviving spouse at the rate the
deceased miner would receive such benefits if he were totally
disabled.'';
(ii) in paragraph (3)--
(I) by striking ``(3) In the case''
and all that follows through ``section
411(c)'' and inserting the following:
``(3)(A) In the case of the child or
children of a miner described in
subparagraph (B)'';
(II) by striking ``he'' each place
it appears and inserting ``the child'';
(III) by striking ``widow'' each
place it appears and inserting
``surviving spouse''; and
(IV) by adding at the end the
following:
``(B) Subparagraph (A) shall apply in the case of any child or
children--
``(i) of a miner whose death is due to pneumoconiosis;
``(ii) in a claim filed after January 1, 2005, that is
pending on or after March 23, 2010, of a miner who is found
entitled to receive benefits on a claim filed under part C;
``(iii) of a miner who is found entitled to receive
benefits on a claim filed under part C before January 1, 1982;
``(iv) in a claim filed under part C before January 1,
1982, of a miner who was totally disabled by pneumoconiosis at
the time of the miner's death;
``(v) of a surviving spouse who is found entitled to
receive benefits under this part at the time of the surviving
spouse's death; or
``(vi) entitled to the payment of benefits under paragraph
(5) of section 411(c).'';
(iii) in paragraph (5)--
(I) by striking the first sentence
and inserting the following: ``In the
case of the dependent parent or parents
of a miner who is not survived at the
time of death by a surviving spouse or
a child and (i) whose death is due to
pneumoconiosis, (ii) in a claim filed
after January 1, 2005, that is pending
on or after March 23, 2010, who is
found entitled to receive benefits on a
claim filed under part C, (iii) who is
found entitled to receive benefits on a
claim filed under part C before January
1, 1982, or (iv) in a claim filed under
part C before January 1, 1982, who was
totally disabled by pneumoconiosis at
the time of the miner's death; in the
case of the dependent surviving
brother(s) or sister(s) of such a miner
who is not survived at the time of the
miner's death by a surviving spouse,
child, or parent; in the case of the
dependent parent or parents of a miner
(who is not survived at the time of the
miner's death by a surviving spouse or
child) who are entitled to the payment
of benefits under paragraph (5) of
section 411(c); or in the case of the
dependent surviving brother(s) or
sister(s) of a miner (who is not
survived at the time of the miner's
death by a surviving spouse, child, or
parent) who are entitled to the payment
of benefits under paragraph (5) of
section 411(c), benefits shall be paid
under this part to such parent(s), or
to such brother(s), or sister(s), at
the rate specified in paragraph (3) (as
if such parent(s) or such brother(s) or
sister(s), were the children of such
miner).''; and
(II) in the fourth sentence--
(aa) by striking ``brother
only if he'' and inserting
``brother or sister only if the
brother or sister''; and
(bb) by striking ``before
he ceased'' and inserting
``before the brother or sister
ceased''; and
(iv) in paragraph (6), by striking
``prescribed by him'' and inserting
``prescribed by such Secretary'';
(B) in subsection (b)--
(i) by striking ``his'' each place it
appears and inserting ``such miner's''; and
(ii) by striking ``widow'' each place it
appears and inserting ``surviving spouse''; and
(C) in subsection (c), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986'';
(5) in section 413 (30 U.S.C. 923)--
(A) in subsection (b)--
(i) in the second sentence, by striking
``his wife's affidavits'' and inserting
``affidavits of the miner's spouse'';
(ii) in the ninth sentence, by striking
``widow'' and inserting ``surviving spouse'';
and
(iii) by striking the last sentence; and
(B) in subsection (c), by striking ``his claim''
and inserting ``the claim'';
(6) in section 414 (30 U.S.C. 924)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``widow,
within six months after the death of her
husband'' and inserting ``surviving spouse,
within six months after the death of the
miner''; and
(ii) in paragraph (2)(C), by striking
``his'' and inserting ``the child's''; and
(B) in subsection (e)--
(i) by striking ``widow'' and inserting
``surviving spouse''; and
(ii) by striking ``his death'' and
inserting ``the miner's death'';
(7) in section 415(a) (30 U.S.C. 925(a))--
(A) in paragraph (1), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(B) in paragraph (2)--
(i) by striking ``he'' and inserting ``such
Secretary''; and
(ii) by striking ``him'' and inserting
``such Secretary'';
(8) in section 421 (30 U.S.C. 931)--
(A) in subsection (a), by striking ``widows'' and
inserting ``spouses''; and
(B) in subsection (b)(2)--
(i) in the matter preceding subparagraph
(A), by striking ``he'' and inserting ``such
Secretary''; and
(ii) in subparagraph (F), by striking
``promulgated by him'' and inserting
``promulgated by such Secretary'';
(9) in section 422 (30 U.S.C. 932)--
(A) in subsection (a)--
(i) by striking ``Internal Revenue Code of
1954'' and inserting ``Internal Revenue Code of
1986''; and
(ii) by striking ``he'' and inserting
``such Secretary'';
(B) in subsection (i)(4), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(C) in subsection (j), by striking ``Internal
Revenue Code of 1954'' each place it appears and
inserting ``Internal Revenue Code of 1986'';
(10) in section 423(a) (30 U.S.C. 933(a)), by striking
``he'' and inserting ``such operator'';
(11) in section 424(b) (30 U.S.C. 934(b))--
(A) in the matter following subparagraph (B) of
paragraph (1), by striking ``him'' and inserting ``such
operator'';
(B) in paragraph (3), by striking ``Internal
Revenue Code of 1954'' each place it appears and
inserting ``Internal Revenue Code of 1986''; and
(C) in paragraph (5), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986'';
(12) in section 428 (30 U.S.C. 938)--
(A) in subsection (a), by striking ``him'' and
inserting ``such operator''; and
(B) in subsection (b)--
(i) in the first sentence, by striking
``he'' and inserting ``the miner'';
(ii) in the third sentence, by striking
``he'' and inserting ``the Secretary'';
(iii) in the ninth sentence--
(I) by striking ``he'' each place
it appears and inserting ``the
Secretary''; and
(II) by striking ``his'' and
inserting ``the miner's''; and
(iv) in the tenth sentence, by striking
``he'' each place it appears and inserting
``the Secretary''; and
(13) in section 430 (30 U.S.C. 940)--
(A) by striking ``1977 and'' and inserting
``1977,''; and
(B) by striking ``1981'' and inserting ``1981, and
the Black Lung Benefits Improvement Act of 2022, 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 application of the provisions to any
person or circumstance, shall not be affected by the holding.
Union Calendar No. 483
117th CONGRESS
2d Session
H. R. 6102
[Report No. 117-589, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
December 23, 2022
Committed to the Committee of the Whole House on the State of the
Union and ordered to be printed