Black Lung Benefits Improvement Act of 2022
This bill revises requirements for miners' claims for pneumoconiosis (black lung disease) benefits.
Specifically, the bill requires the Department of Labor to
The bill also establishes criteria that a mining operator must meet to self-insure against claims and increases from $1,000 to $25,000 the daily penalty amount that may be assessed against a mining operator that fails to make black lung benefits payments.
The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year.
The bill prohibits a person from (1) knowingly and willfully making a false statement or misrepresentation in increasing or reducing black lung disease benefits, or (2) threatening or misleading a participant in a proceeding regarding such benefits.
Further, the bill revises (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung disease, and (2) payments to such miners.
Lastly, the bill provides statutory authority for the Office of Workers' Compensation Programs.
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]

_______________________________________________________________________
Black Lung Benefits Improvement Act of 2022
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.
Black Lung Benefits Improvement Act of 2022
Black Lung Benefits Improvement Act of 2021
Rep. Cartwright, Matt