107 HR 6461 IH: Black Lung Benefits Improvement Act of 2023
U.S. House of Representatives
2023-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 6461
IN THE HOUSE OF REPRESENTATIVES
November 21, 2023
Mr. Cartwright (for himself, Mr. Scott of Virginia, and Ms. Adams) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To ensure that claims for benefits under the Black Lung Benefits Act are processed in a fair and timely manner, to better protect miners from pneumoconiosis (commonly known as “black lung disease”), and for other purposes.
1.

Short title
This Act may be cited as the “Black Lung Benefits Improvement Act of 2023”.
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.
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.
I

Black lung benefits
A

Improving the process for filing and adjudicating claims for benefits
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.”
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).”.
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:
“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.”.
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:
“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.”.
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:
“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)).”.
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:
“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.”.
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 37½ 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.”.
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.
B

Reports to improve the administration of benefits under the Black Lung Benefits Act
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.
C

Improvement in the Financial Security of the Black Lung Benefits Disability Trust Fund
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.”.
II

Establishing the Office of Workers' Compensation Programs
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.
III

Additional Provisions
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,”.
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.