[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1781 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1781

  To make improvements in the Black Lung Benefits Act, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 22, 1993

  Mr. Simon (for himself, Mr. Wofford, Mr. Robb, and Mr. Rockefeller) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
  To make improvements in the Black Lung Benefits Act, 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; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Black Lung 
Benefits Restoration Act''.
    (b) Reference.--Whenever in this Act (other than section 9(a) (1), 
10, 11, or 12) an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Black Lung Benefits Act (30 U.S.C. 901 et seq.).

SEC. 2. BENEFIT OVERPAYMENT.

    Part C is amended by adding at the end the following:
    ``Sec. 436. (a) The repayment of benefits paid on a claim filed 
under this part before the final adjudication of the claim shall not be 
required if the claim was finally denied, unless fraud or deception was 
used to procure the payment of such benefits.
    ``(b) The trust fund shall refund any payments made to it as a 
reimbursement of benefits paid on a claim filed under this part before 
the final adjudication of the claim, unless fraud or deception was used 
to procure the payment of such benefits.
    ``(c) The trust fund shall reimburse an operator for any benefits 
paid on a claim filed under this part before the final adjudication of 
the claim if the claim was finally denied.
    ``(d) If on a claim for benefits filed under this part--
            ``(1) the Secretary makes an initial determination--
                    ``(A) of eligibility; or
                    ``(B) that particular medical benefits are payable; 
                or
            ``(2) an award of benefits is made,
the operator found to be the responsible operator under section 422(h) 
shall, within 30 days of the date of such determination or award, 
commence the payment of monthly benefits accruing thereafter and of 
medical benefits that have been found payable. If an operator fails to 
timely make any payment required by an initial determination or by an 
award, such determination or award shall be considered final as of the 
date of its issuance.''.

SEC. 3. EVIDENCE.

    Section 422 (30 U.S.C. 932) is amended by adding at the end the 
following:
    ``(m)(1)(A) During the course of all proceedings on a claim for 
benefits under this part, the results of not more than 3 medical 
examinations and 3 interpretations of chest roentgenograms offered by 
the claimant may be received as evidence to support eligibility for 
benefits.
    ``(B) During the course of all proceedings on a claim for benefits 
under this part, the responsible operator or the trust fund--
            ``(i) may require, at no expense to the claimant, that the 
        claimant undergo certain medical examinations, but the 
        responsible operator or trust fund may not submit or require 
        more medical examinations than are conducted and submitted 
        during the course of all proceedings by the claimant; and
            ``(ii) may offer into evidence the set of results of one 
        chest roentgenogram for each set of chest roentgenogram results 
        that are offered into evidence by the claimant.
    ``(C) An administrative law judge may require the miner to submit 
to a medical examination by a physician assigned by the District 
Director if the administrative law judge determines that, at any time, 
there is good cause for requiring such examination. For purposes of 
this subparagraph, good cause shall exist only when the administrative 
law judge is unable to determine from existing evidence whether the 
claimant is entitled to benefits.
    ``(D) The complete pulmonary evaluation provided each miner under 
section 413(b) and any consultative evaluation developed by the 
District Director shall be received into evidence notwithstanding 
subparagraph (A) or (B).
    ``(E) Any record of--
            ``(i) hospitalization for a pulmonary or related disease;
            ``(ii) medical treatment for a pulmonary or related 
        disease; and
            ``(iii) a biopsy or an autopsy,
may be received into evidence notwithstanding subparagraph (A) or (B).
    ``(2) In addition to the medical examinations authorized by 
paragraph (1), each party may submit not more than one interpretive 
medical opinion whether presented as documentary evidence or in oral 
testimony. Such medical opinion may review other evidence derived from 
chest roentgenograms, blood gas studies, or pulmonary function studies 
contained in the reports offered under this subsection.
    ``(3) A request for modification of a denied claim under section 22 
of the Longshore and Harbor Workers' Compensation Act, as made 
applicable to this Act by subsection (a) of this section, shall be 
considered as if it were a new claim for the purpose of applying the 
limitations prescribed by paragraphs (1) and (2).
    ``(4) The opinion of a miner's treating physician, if offered in 
accordance with paragraph (1)(A), shall be given substantial weight 
over the opinion of other physicians in determining the claimant's 
eligibility for benefits if the treating physician is board-certified 
in a specialty relevant to the diagnosis of total disability or death 
due to pneumoconiosis.
    ``(5) For purposes of this subsection, a medical examination 
consists of a physical examination and all appropriate clinical studies 
(not including a biopsy or an autopsy) related to the diagnosis of 
total disability or death due to pneumoconiosis.''.

SEC. 4. SURVIVOR BENEFITS.

    (a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3, 
is amended by adding at the end the following:
    ``(n) If an eligible survivor files a claim for benefits under this 
part and if the miner--
            ``(1) was receiving benefits for pneumoconiosis pursuant to 
        a final adjudication under this part; or
            ``(2) was totally disabled by pneumoconiosis at the time of 
        the miner's death,
the miner's death shall be considered to have occurred as a result of 
the pneumoconiosis, unless the miner's death was the result of an event 
that had no medical connection with the pneumoconiosis.''.
    (b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as 
amended by subsection (a), is amended by adding at the end the 
following:
    ``(o)(1) A widow or widower of a miner who was married to the miner 
for less than 9 months at any time preceding the miner's death is not 
qualified to receive survivor benefits under this part unless the widow 
or widower was the natural or adoptive parent of the miner's child.
    ``(2) The widow or widower of a miner is disqualified to receive 
survivor benefits under this part if the widow or widower remarries 
before attaining the age of 50.
    ``(3) A widow or widower may not receive an augmentation in 
survivor benefits on any basis arising out of a remarriage of the widow 
or widower.''.

SEC. 5. RESPONSIBLE OPERATOR.

    Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)'' 
after ``(h)'' and by adding at the end the following:
    ``(2)(A) Prior to issuing an initial determination of eligibility, 
the Secretary shall, after investigation, notice, and a hearing as 
provided in section 19 of the Longshore and Harbor Workers' 
Compensation Act, as made applicable to this Act by subsection (a) of 
this section, determine whether any operator meets the Secretary's 
criteria for liability as a responsible operator under this Act. If a 
hearing is timely requested on the liability issue, the decision of the 
administrative law judge conducting the hearing shall be issued not 
later than 120 days after such request and shall not be subject to 
further appellate review.
    ``(B) If the administrative law judge determines that an operator's 
request for a hearing on the liability issue was made without 
reasonable grounds, the administrative law judge may assess the 
operator for the costs of the proceeding (not to exceed $750).''.

SEC. 6. ATTORNEY FEES.

    (a) Eligibility for Fees.--Section 422 (30 U.S.C. 932), as amended 
by section 4(b), is amended by adding at the end the following:
    ``(p)(1) If in any administrative or judicial proceeding on a claim 
for benefits a determination is made that a claimant is entitled to 
such benefits, the claimant shall be entitled to receive all reasonable 
costs and expenses (including expert witness and attorney's fees) 
incurred by the claimant in such proceeding and in any other 
administrative or judicial proceeding on such claim occurring before 
such proceeding.
    ``(2) In the case of a proceeding held with respect to such claim--
            ``(A) the person or Board that made the determination that 
        the claimant is entitled to benefits in an administrative 
        proceeding and any other person or Board that made a prior 
        determination in an administrative proceeding on such claim; or
            ``(B) the court in the case of a judicial proceeding,
shall determine the amount of all costs and expenses (including expert 
witness and attorney's fees) incurred by the claimant in connection 
with any such proceeding and shall assess the operator responsible to 
the claimant for such costs and expenses that are reasonable or if 
there is not an operator responsible to the claimant, shall assess the 
fund for such costs and expenses.
    ``(3) The determination of such costs and expenses shall be made 
within 60 days of the date the claimant submits a petition for the 
payment of such costs and expenses to a person, the Board, or court 
that made a determination on the claimant's claim. The person, Board, 
or court receiving such petition shall take such action as may be 
necessary to assure that such costs and expenses are paid within 45 
days of the date of the determination of such costs and expenses unless 
a motion to reconsider--
            ``(A) the amount of such costs and expenses; or
            ``(B) the person liable for the payment of such amount,
is pending.
    ``(4) If an operator pays costs and expenses assessed under 
paragraph (1) and if the claimant for whom such costs and expenses were 
paid is determined in a later proceeding not to be eligible for 
benefits under this part, the fund shall pay the operator the amount 
paid for such costs and expenses.
    ``(5) Section 28(e) of the Longshore and Harbor Workers' 
Compensation Act shall apply with respect to any person who receives 
costs and expenses that are paid under this subsection on account of 
services rendered a claimant.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply only with respect to claims that are filed for the first time 
after the date of the enactment of this Act and shall not apply with 
respect to any claim that is filed before such date and that is refiled 
under section 8 of this Act after such date.

SEC. 7. ADMINISTRATION.

    (a) Appeals to the Benefits Review Board.--No appeal of an order in 
a proceeding under the Black Lung Benefits Act may be made by a 
claimant or respondent to the Benefits Review Board unless such order 
has been made by an administrative law judge.
    (b) Acquiescence.--The Secretary of Labor may not delegate to the 
Benefits Review Board the authority to refuse to acquiesce in a 
decision of a Federal court.

SEC. 8. REFILING.

    Any claim filed under the Black Lung Benefits Act after January 1, 
1982, but before the date of the enactment of this Act, may be refiled 
under such Act after the date of the enactment of this Act for a de 
novo review on the merits.

SEC. 9. DEFINITIONS.

    (a) Coke Ovens.--
            (1) Federal mine safety and health act of 1977.--Section 3 
        of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
        802) is amended--
                    (A) in subsection (d), by inserting before the 
                semicolon the following: ``or who operates a coke oven 
                or any machine shop or other operation reasonably 
                related to the coke oven'';
                    (B) in subsection (g), by inserting before the 
                semicolon the following: ``or working at a coke oven or 
                in any other operation reasonably related to the 
                operation of a coke oven''; and
                    (C) in subsection (h)(2), by inserting before the 
                semicolon the following: ``and includes a coke oven and 
                any operation, structure, or area of land reasonably 
                related to the operation of a coke oven''.
            (2) Black lung benefits act.--The first sentence of section 
        402(d) (30 U.S.C. 902(d)) is amended by inserting before the 
        period the following: ``or who works or has worked at a coke 
        oven or in any other operation reasonably related to the 
        operation of a coke oven''.
    (b) Pneumoconiosis.--Section 402(b) (30 U.S.C. 902(b)) is amended--
            (1) by adding after ``sequelae'' the following: ``which 
        disease or sequelae is restrictive or obstructive or both''; 
        and
            (2) by striking out ``coal mine'' and inserting in lieu 
        thereof ``coal mine or coke oven''.

SEC. 10. BENEFITS REVIEW BOARD.

    Section 21(b)(1) of the Longshoremen's and Harbor Workers' 
Compensation Act (33 U.S.C. 921(b)(1)) is amended--
            (1) by inserting after the first sentence the following new 
        sentence: ``The Secretary shall appoint and fix the 
        compensation of the Benefits Review Board members without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and without 
        regard to the provisions of chapter 51 and subchapter III of 
        chapter 53, relating to classification and the General Schedule 
        pay rates, and without regard to chapter 75, relating to 
        adverse actions.'';
            (2) in paragraph (5), by striking the sixth sentence; and
            (3) by adding at the end thereof the following new 
        paragraph:
            ``(6) The rate of compensation for members of the Board 
        shall not exceed the daily equivalent of the maximum rate 
        specified in section 5376 of title 5, United States Code.''.

SEC. 11. COMPENSATION FOR WORK INJURIES REGULATIONS.

    Section 8149 of title 5, United States Code, is amended--
            (1) in the second sentence by striking ``designated or''; 
        and
            (2) by inserting after the second sentence the following 
        new sentences: ``The Secretary shall appoint and fix the 
        compensation of the Employee's Compensation Appeals Board 
        members without regard to the provisions of this title, 
        governing appointments in the competitive service, and without 
        regard to the provisions of chapter 51 and subchapter III of 
        chapter 53, relating to classification and the General Schedule 
        pay rates, and without regard to chapter 75, relating to 
        adverse actions. The rate of compensation for members of the 
        Board shall not exceed the daily equivalent of the maximum rate 
        specified in section 5376.''.

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