[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 236 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 236

To amend the Longshore and Harbor Workers' Compensation Act to improve 
            the compensation system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 14, 2009

  Mr. Isakson introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Longshore and Harbor Workers' Compensation Act to improve 
            the compensation system, 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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Longshore and 
Harbor Workers' Compensation Act Amendments of 2009''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act 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 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.).

SEC. 2. INTENT OF CONGRESS; NEUTRAL INTERPRETATION.

    The Act (33 U.S.C. 901 et seq.) is amended by inserting after 
section 1 the following:

``SEC. 1A. CONGRESSIONAL INTENT OF NEUTRAL INTERPRETATION.

    ``It is the intent of Congress that--
            ``(1) in a dispute concerning the facts in a claim brought 
        under this Act, the facts are not to be given a broad liberal 
        construction in favor of the employee or of the employer, and 
        the laws pertaining to a claim brought under this Act are to be 
        construed in accordance with the basic principles of statutory 
        construction and not liberally in favor of either the employee 
        or employer;
            ``(2) the system established under this Act shall be an 
        efficient and self-executing system that is not an economic or 
        administrative burden; and
            ``(3) the Department of Labor and the Benefits Review Board 
        shall administer this Act in a manner which facilitates the 
        self-execution of the system established under this Act and the 
        process of ensuring a prompt and cost-effective delivery of 
        payments.''.

SEC. 3. DEFINITIONS.

    Section 2 (33 U.S.C. 902) is amended--
            (1) in paragraph (1), by striking ``association.'' and 
        inserting ``association, but does not include the Secretary.'';
            (2) in paragraph (2), by adding after the period at the end 
        the following: ``Physical or mental conditions caused in part 
        or in whole by an employer's personnel actions shall not be 
        considered an injury or disease compensable under this Act. 
        Physical or mental conditions caused in part or in whole by an 
        employer's personnel action may only be compensable under 
        applicable State or Federal employment laws other than workers' 
        compensation laws.'';
            (3) in paragraph (3)(A)--
                    (A) by striking ``employed exclusively to perform'' 
                and inserting ``primarily performing''; and
                    (B) by inserting ``on the day of the injury'' 
                before the semicolon at the end;
            (4) in paragraph (13), by inserting before the period at 
        the end the following: ``, or an incentive or 1-time payment, 
        severance pay, a settlement of an employment law claim, a bonus 
        that is not guaranteed, container royalties, stock, or stock 
        options'';
            (5) in paragraph (14), by striking ``(19)'' and inserting 
        ``(18)'';
            (6) by redesignating paragraphs (21) and (22) as paragraphs 
        (26) and (27), respectively; and
            (7) by inserting after paragraph (20) the following:
    ``(21) The term `participating network' means a network of 
physicians and other health care providers that has been designated by 
a carrier to provide medical services to an employee under this Act.
    ``(22) The term `health care panel' means 3 or more physicians or 
other health care providers in a common geographic region who practice 
in the same or similar medical specialty, which panel is designated by 
a carrier to provide medical services to an employee under this Act.
    ``(23) The term `nationally recognized evidence-based treatment 
standards' means the treatment standards in the Occupational Medicine 
Practice Guidelines published by the American College of Occupational 
and Environmental Medicine. Any subsequent revision of these standards 
by the American College of Occupational and Environmental Medicine 
shall be effective with respect to all treatment decisions under this 
Act on the date that is 90 days after the promulgation of the revision, 
unless the Secretary determines that the revision is inconsistent with 
this Act's policy of ensuring treatment pursuant to evidence-based 
standards.
    ``(24) The term `objective relevant medical findings' means those 
objective findings that correlate to the subjective complaints of an 
injured employee and are confirmed by physical examination findings or 
diagnostic testing.
    ``(25) The term `fraud' means the act of knowingly, and with intent 
to defraud--
            ``(A) providing material false information that could 
        result in the obtaining or denying, in whole or in part, of 
        compensation under this Act; or
            ``(B) failing to provide material information that could 
        result in the obtaining or denying, in whole or in part, of 
        compensation under this Act.
    ``(26) The term `major contributing cause', when used with respect 
to an injury, means the cause constituting greater than 50 percent of 
the total of all causes.
    ``(27) The term `standard premium' means the product of an 
employer's payroll and the filed manual rate applicable to the employer 
multiplied by the employer's current experience modification factor, if 
applicable. The calculation may not include any deductible credit. For 
policies written using retrospective rating, the standard premium must 
be calculated in accordance with this definition regardless of the 
actual retrospective premium calculation.
    ``(28) The term `filed manual rate' means the premium rate for each 
unit of exposure, as a function of the applicable basis of premium, for 
the occupational classes assigned to the employer's business, filed 
pursuant to the insurance laws of the applicable jurisdiction.
    ``(29) The term `experience modification factor' means the 
adjustment to a policyholder's premium rate for a specific exposure 
period, resulting from a rating procedure utilizing the past insurance 
experience of the individual policyholder to forecast future losses by 
measuring the policyholder's loss experience against the loss 
experience of policyholders in the same classification to produce a 
prospective premium credit, debit, or unity modification.''.

SEC. 4. COVERAGE.

    Section 3 (33 U.S.C. 903) is amended--
            (1) in subsection (c), by striking ``solely'';
            (2) by redesignating subsection (e) as subsection (f);
            (3) by inserting after subsection (d) the following:
    ``(e) Compensation Limitation.--No compensation shall be payable to 
an employee for dentures, eyeglasses, a hearing aid, a prosthetic 
device, or an artificial limb unless the dentures, eyeglasses, hearing 
aid, prosthetic device, or artificial limb--
            ``(1) is part of the medical treatment for a disability 
        compensated under section 8; or
            ``(2) was damaged as part of, or in concert with, an 
        accident that resulted in a traumatic injury to the 
        employee.''; and
            (4) in subsection (f) (as redesignated by paragraph (2))--
                    (A) by inserting ``this Act,'' after ``pursuant 
                to'';
                    (B) by striking ``law or section'' and inserting 
                ``law, or section''; and
                    (C) by inserting ``)'' after ``death of seamen''.

SEC. 5. LIABILITY FOR COMPENSATION.

    Section 4 (33 U.S.C. 904) is amended to read as follows:

``SEC. 4. LIABILITY FOR COMPENSATION.

    ``(a) In General.--Every employer shall be liable for, and shall 
secure the payment to the employer's employees of, the compensation 
payable under sections 7, 8, and 9.
    ``(b) Payment Irrespective of Fault.--Compensation shall be payable 
irrespective of fault as a cause for the injury.
    ``(c) Proportional Payment.--
            ``(1) In general.--Except as provided in subsection (e) and 
        section 8(a)(13), in making compensation determinations under 
        this Act, compensation shall be reduced by an amount 
        attributable to the percentage of--
                    ``(A) the disability rating for a prior permanent 
                injury; and
                    ``(B) the anatomical physical impairment that 
                resulted from nonoccupational factors (such as aging, 
                prior or subsequent anatomical physical impairment, or 
                personal habits, including smoking and alcohol use).
            ``(2) Limitation.--In no case shall compensation be 
        calculated under this Act by deducting the dollar amount of 
        compensation paid or payable for a prior injury described in 
        paragraph (1).
            ``(3) Determinations.--A determination under this 
        subsection shall be based upon the findings of the treating 
        physician upon a review of the available records. The treating 
        physician designated in section 7 shall make a determination 
        under this paragraph by finding what percentage of the 
        employee's disability was a result of an injury arising out of 
        and occurring in the course of the employment involved and what 
        percentage of such disability was the result of prior injury 
        and other nonoccupational factors.
    ``(d) Borrowed Employees.--
            ``(1) In general.--Subject to paragraph (2), in the case of 
        the injury or death of an employee who is working for another 
        employer at the direction of the employee's primary employer, 
        all employers of the employee at the time of the injury shall 
        be treated as a single employer for purposes of this Act, 
        including with respect to the obligation to pay compensation 
        under this section and the exclusiveness of the remedy under 
        section 5.
            ``(2) Indemnification agreement.--Nothing in paragraph (1) 
        shall be construed to supercede an express contractual 
        indemnification agreement between the borrowing and lending 
        employer.
    ``(e) Last Employer Doctrine; Intervening Nonmaritime Employment; 
Noncontributing Exposure.--
            ``(1) Last employer doctrine.--
                    ``(A) In general.--Except as provided in section 
                8(a)(13), if more than 1 employer or employment 
                exposure contributed to the injury or death of an 
                employee, the last employer to have contributed to the 
                injury or death of the employee shall be responsible 
                for benefits under this Act.
                    ``(B) Rights and defenses.--The employer 
                responsible for the benefits under this section shall 
                retain all rights and defenses that any employer who 
                contributed to the injury or death would otherwise have 
                had. The employee shall retain all burdens of 
                production, burdens of persuasion, and presumptions 
                that the employee would otherwise have had.
            ``(2) Intervening employment.--If the last employment 
        exposure that contributed to an injury or death was the result 
        of employment that was not covered under this Act, no benefits 
        shall be payable under this Act for the injury or death.
            ``(3) Noncontributing employment exposure.--For purposes of 
        this Act, employment exposure did not contribute to the injury 
        or death of an employee if--
                    ``(A) the medical condition that resulted in the 
                injury or death was diagnosed before employment 
                commenced; or
                    ``(B) the employer did not expose the employee to 
                conditions capable of causing or contributing to the 
                injury or death.''.

SEC. 6. EXCLUSIVENESS OF LIABILITY.

    Section 5 (33 U.S.C. 905) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``or in 
                admiralty'' each place the term occurs and inserting 
                ``in admiralty, or otherwise,''; and
                    (B) by striking the third sentence; and
            (2) by adding at the end the following:
    ``(d) Preemption.--
            ``(1) State law preemption.--Any State law that provides 
        additional or alternative remedies for an injured employee, the 
        employee's legal representative, husband or wife, parents, 
        dependents, or next of kin, or anyone otherwise entitled to 
        recover from such employer on account of such injury or death 
        against the employer, at law or in admiralty, or otherwise, is 
        expressly preempted when the carrier--
                    ``(A) has voluntarily paid compensation under this 
                Act;
                    ``(B) has settled a claim for compensation under 
                this Act;
                    ``(C) is contesting a claim for compensation under 
                this Act;
                    ``(D) is appealing an order under this Act;
                    ``(E) is subject to an order under this Act; or
                    ``(F) has notified the Secretary that a claim for 
                compensation should have been brought under this Act.
            ``(2) State jurisdiction preemption.--Any State proceeding 
        (including a judicial or administrative proceeding) involving 
        the claims of an injured employee, the employee's legal 
        representative, husband or wife, parents, dependents, or next 
        of kin, or anyone otherwise entitled to recover damages from 
        such employer at law or in admiralty, or otherwise, on account 
        of such injury or death, shall be preempted when the carrier 
        has taken an action described in subparagraphs (A) through (F) 
        of paragraph (1).
            ``(3) Administrative stay.--
                    ``(A) Process for stay.--In order to effectuate 
                this subsection and protect the admiralty and maritime 
                jurisdiction of the Federal Government, an employer who 
                is party to a State proceeding may notify the Secretary 
                of the proceeding and any reason why this subsection 
                preempts the State proceeding. Within 10 days after 
                receiving the notification, the Secretary shall issue 
                an administrative stay order to the State that shall 
                remain in effect until a final determination has been 
                made by the Secretary that this subsection does not 
                preempt the State proceeding.
                    ``(B) Injunction.--If a State does not comply with 
                a stay order issued by the Secretary under subparagraph 
                (A), within 10 days after the State's refusal to 
                comply, the Secretary shall seek, in a Federal district 
                court, an injunction against further State proceedings 
                regarding the claim that may be preempted by this 
                subsection.
                    ``(C) Timely response.--If the Secretary does not 
                fulfill the Secretary's obligations under this 
                paragraph in a timely manner, the employer may seek an 
                order in a Federal district court compelling the 
                Secretary to so act.
    ``(e) Government Responsibility.--The exclusive remedy for any 
person injured, in whole or in part, by exposure to ionizing or 
nonionizing radiation from equipment required to be used by Federal law 
or regulation or owned by a Federal Government entity shall be found 
under the Federal Tort Claims Act, and this Act shall not apply to any 
injury or death resulting from such exposure.''.

SEC. 7. MEDICAL SERVICES AND SUPPLIES.

    Section 7 (33 U.S.C. 907) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a)'' and inserting ``(a)(1)'';
                    (B) by striking ``furnish such'' and inserting 
                ``furnish medical services and supplies, including''; 
                and
                    (C) by adding at the end the following:
    ``(2) Notwithstanding any other provision of this Act, in the case 
where nationally recognized evidence-based treatment standards apply to 
the employee's medical condition, the medical treatment shall include 
only the care provided pursuant to such treatment standards.'';
            (2) by striking subsection (i);
            (3) by redesignating subsections (c) through (e), (f) 
        through (h), (j), and (k), as subsections (d) through (f), (h) 
        through (j), (k), and (l), respectively;
            (4) by striking subsection (b) and inserting the following:
    ``(b) Physician Selection.--
            ``(1) Carrier using participating networks or health care 
        panels.--
                    ``(A) In general.--A carrier may designate 1 or 
                more participating networks or 1 or more health care 
                panels, or both, for purposes of providing medical 
                services to employees under this Act. An injured 
                employee served by a carrier that has designated an 
                approved participating network under subparagraph (C) 
                or a health care panel under subparagraph (D) shall not 
                be entitled to recover any amount expended by the 
                employee for medical services and supplies unless the 
                employee has secured such medical services and supplies 
                through a physician or other health care provider that 
                is a participant in such network or panel, 
                respectively.
                    ``(B) Geographic exception.--Subparagraph (A) shall 
                not apply if the injured employee can demonstrate that 
                the carrier's participating network or health care 
                panel does not include a physician capable of treating 
                the employee within 100 miles of the employee's 
                residence.
                    ``(C) Participating networks.--
                            ``(i) In general.--The Secretary shall 
                        establish a process for approving participating 
                        networks, in accordance with clause (ii), that 
                        shall include an automatic approval for a 
                        participating network that has been authorized 
                        by a State workers' compensation program.
                            ``(ii) Qualifications.--In order to be 
                        approved under clause (i), a participating 
                        network shall establish an internal review 
                        process to address any disputes with respect to 
                        the provision of medical care or treatment to 
                        an employee. Such process shall conform to the 
                        utilization review standards for workers' 
                        compensation described in subsection (m).
                    ``(D) Designation of health care panels.--To 
                designate a health care panel for purposes of this 
                subsection, a carrier shall submit the names of the 
                health care panel participants to the Secretary.
            ``(2) Carrier not using panels or networks.--If a carrier 
        has not provided medical services or supplies in accordance 
        with paragraph (1), the employee shall have the right to choose 
        an attending physician authorized by the Secretary to provide 
        medical care under this Act as hereinafter provided. If, due to 
        the nature of the injury, the employee is unable to select a 
        physician and the nature of the injury requires immediate 
        medical treatment and care, the employer shall select a 
        physician for the employee.
    ``(c) Supervision and Change of Physicians.--The Secretary, 
consistent with the nationally recognized evidence-based standards 
provided for under subsection (a)(2)--
            ``(1) shall actively supervise the medical care rendered to 
        injured employees;
            ``(2) shall require periodic reports as to the medical care 
        being rendered to injured employees;
            ``(3) shall have authority to determine the necessity, 
        character, and sufficiency of any medical aid furnished or to 
        be furnished;
            ``(4) may, on the Secretary's own initiative or at the 
        request of the employer, order a change of physicians or 
        hospitals when, in the Secretary's judgment, such change is 
        desirable or necessary in the interest of the employee or where 
        the charges exceed those prevailing within the community for 
        the same or similar services or exceed the provider's customary 
        charges; and
            ``(5) shall permit, in accordance with regulations 
        promulgated by the Secretary, the change of physicians at the 
        request of an employee (except that such change may be approved 
        not more frequently than twice annually unless otherwise 
        authorized by the carrier).'';
            (5) in subsection (d) (as redesignated by paragraph (3))--
                    (A) in paragraph (1)(B), by striking ``(j)'' and 
                inserting ``(k)''; and
                    (B) in paragraph (2), by striking ``by an 
                employee'';
            (6) in subsection (e)(4) (as redesignated by paragraph 
        (3))--
                    (A) by striking ``employer'' and inserting 
                ``employer or designated by the Secretary''; and
                    (B) by striking ``may'' and inserting ``shall'';
            (7) in subsection (f) (as redesignated by paragraph (3)), 
        by striking the third sentence;
            (8) by inserting after subsection (f) (as redesignated by 
        paragraph (3)) the following:
    ``(g) Use of Medical Records.--When there is the need for any 
review, hearing, investigation, or other proceeding authorized or 
directed under this section relating to medical care or treatment, the 
finder of fact shall rely on the medical record and the findings of 
qualified medical professionals that are based on the medical 
record.''; and
            (9) by adding at the end the following:
    ``(m) Applicability of Utilization Review Standards.--
Notwithstanding any other provision of this Act, any utilization 
review, whether within a participating network, health care panel, or 
otherwise, carried out under this Act shall be conducted pursuant to 
the utilization review standards applicable to workers' compensation 
promulgated by URAC, as such standards were in effect on the date of 
enactment of the Longshore and Harbor Workers' Compensation Act 
Amendments of 2009. Any subsequent revision of the standards shall be 
effective, with respect to all utilization review determinations under 
this Act, on the date that is 90 days after the promulgation of the 
revised standards, unless the Secretary determines that the revised 
standards are inconsistent with this Act's policy of ensuring 
utilization review in accordance with nationally recognized 
standards.''.

SEC. 8. COMPENSATION FOR DISABILITY.

    (a) Compensation for Disability.--Section 8 (33 U.S.C. 908) is 
amended--
            (1) in subsection (a), by striking ``66\2/3\ per centum of 
        the average weekly wages'' and inserting ``75 percent of the 
        spendable earnings'';
            (2) in subsection (b), by striking ``66\2/3\ per centum of 
        the average weekly wages'' and inserting ``75 percent of the 
        spendable earnings'';
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``66\2/3\ per centum of the average weekly 
                wages'' and inserting ``75 percent of the spendable 
                earnings'';
                    (B) by striking paragraph (13) and inserting the 
                following:
            ``(13) Loss of hearing.--
                    ``(A) Compensation.--
                            ``(i) Total loss of hearing.--
                                    ``(I) One ear.--The compensation 
                                for total loss of hearing in 1 ear 
                                shall be 52 weeks.
                                    ``(II) Both ears.--The compensation 
                                for total loss of hearing in both ears 
                                shall be 200 weeks.
                            ``(ii) Partial loss of hearing.--For the 
                        partial loss of hearing in 1 or both ears, 
                        compensation shall be paid for a period 
                        proportionate to the degree of the loss, in 
                        accordance with clause (i).
                    ``(B) Measurement.--
                            ``(i) Employment-related loss.--The 
                        employer shall pay compensation only for any 
                        hearing loss caused by an injury arising out of 
                        and in the course of employment with such 
                        employer, and shall not be liable for that part 
                        of the employee's hearing loss caused by 
                        presbycusis, nonoccupational causes, and 
                        documented preemployment hearing loss. The 
                        percentage of loss caused by those conditions 
                        shall be deducted from the percentage of the 
                        employee's hearing loss before determining the 
                        employer's liability.
                            ``(ii) Determination of loss.--Except as 
                        provided in clause (iii), determinations of 
                        loss of hearing shall be made in accordance 
                        with the guides for the evaluation of permanent 
                        impairment, as promulgated and modified from 
                        time to time by the American Medical 
                        Association.
                            ``(iii) Measurement.--The measurement of 
                        presbycusis shall be in accordance with the 
                        methodology adopted in section 1910.95 of title 
                        29, Code of Federal Regulations, appendix F, 
                        applied to the applicable decibel levels for 
                        hearing loss determinations as provided in 
                        clause (ii).
                            ``(iv) Audiogram standards.--In determining 
                        the amount of hearing loss for purposes of this 
                        paragraph, an audiogram that is administered by 
                        a licensed or certified technician, an 
                        audiologist who is certified, or a physician 
                        who is certified in otolaryngology, and is 
                        interpreted by an audiologist who is certified 
                        or a physician who is certified in 
                        otolaryngology, shall prevail over an audiogram 
                        that is not performed in accordance with these 
                        criteria.'';
                    (C) by striking paragraph (21) and inserting the 
                following:
            ``(21) In all other cases in the class of disability, the 
        compensation shall be 75 percent of the difference between the 
        injured employee's spendable earnings before the injury and the 
        amount of spendable earnings the employee is able to earn after 
        the injury in the same or another employment, payable during 
        the continuance of partial disability.''; and
                    (D) in paragraph (23)--
                            (i) by striking ``66\2/3\ per centum'' and 
                        inserting ``75 percent''; and
                            (ii) by striking ``average weekly wages'' 
                        each place the term occurs and inserting 
                        ``spendable earnings'';
            (4) by striking subsection (e) and inserting the following:
    ``(e) Temporary Partial Disability.--In the case of temporary 
partial disability resulting in decrease of earning capacity, the 
compensation shall be 75 percent of the difference between the injured 
employee's spendable earnings before the injury and the amount of 
spendable earnings the employee is able to earn after the injury in the 
same or another employment, to be paid during the continuance of such 
disability, but shall not be paid for a period exceeding 5 years.'';
            (5) in subsection (f), by adding at the end the following:
    ``(4) Limitation.--After the date of enactment of the Longshore and 
Harbor Workers' Compensation Act Amendments of 2009, no order for 
relief under this subsection shall be entered except--
            ``(A) an order for modification of benefits for which an 
        order has been entered prior to such date of enactment; or
            ``(B) an order for relief, in respect of a survivor of an 
        employee, being paid from the special fund at the date of 
        death.'';
            (6) in subsection (j)(1), by striking ``a disabled 
        employee'' and inserting ``an employee''; and
            (7) by adding at the end the following:
    ``(k) Multiple-Injury Maximum.--Notwithstanding any other provision 
of this Act, when an employee qualifies for compensation for disability 
caused by 2 or more injuries, in no case shall the amount of 
compensation payable for all such injuries when combined exceed the 
lesser of--
            ``(1) 75 percent of spendable earnings at the time of the 
        last injury; or
            ``(2) the maximum rate of compensation, as determined under 
        section 6(b), at the time of the last injury.''.
    (b) Nonapplicability Until Publication of Table.--Not later than 90 
days after the date of enactment of this Act, the Secretary of Labor 
shall promulgate regulations and publish a table of compensation 
implementing the amendments made by this section. A carrier shall not 
be required to adjust payments made by the carrier under the Longshore 
and Harbor Workers' Compensation Act to comply with the amendments made 
by this section until such table is published.

SEC. 9. COMPENSATION FOR DEATH.

    (a) Compensation for Death.--Section 9 (33 U.S.C. 909) is amended--
            (1) in subsection (a), by striking ``$3,000'' and inserting 
        ``$7,500'';
            (2) by redesignating subsections (e) through (g) as 
        subsections (f) through (h), respectively;
            (3) by striking subsections (b) through (d) and inserting 
        the following:
    ``(b) Widow or Widower Without Children.--If there be a widow or 
widower and no surviving child of the deceased, the widow or widower 
shall receive 75 percent of the spendable earnings of the deceased 
during widowhood or widowerhood, except that upon remarriage of the 
widow or widower, the widow or widower shall receive 2 years' worth of 
such payments in a lump sum.
    ``(c) Widow or Widower With Children.--If there be a widow or 
widower and 1 or more surviving children of the deceased--
            ``(1) the widow or widower shall receive 50 percent of the 
        spendable earnings of the deceased during widowhood or 
        widowerhood, except that upon remarriage of the widow or 
        widower, the widow or widower shall receive 2 years' worth of 
        such payments in a lump sum; and
            ``(2) each child of the deceased shall receive a pro rata 
        share of 25 percent of the spendable earnings of the deceased.
    ``(d) Surviving Children.--If there be 1 or more surviving children 
of the deceased, but no widow or widower, then each child shall receive 
a pro rata share of 75 percent of the spendable earnings of the 
deceased.
    ``(e) No Widow, Widower, or Surviving Child.--If there be no widow 
or widower or surviving child, then for the support of grandchildren, 
brothers and sisters, parents, and grandparents, if dependent upon the 
deceased at the time of the injury, and any other persons who satisfy 
the definition of the term `dependent' in section 152 of title 26 of 
the United States Code, but are not otherwise eligible under this 
section, 25 percent of spendable earnings for the support of each such 
person during such dependency, but in no case shall the aggregate 
amount payable under this subsection exceed 75 percent of the spendable 
earnings of the deceased.''; and
            (4) by adding at the end the following:
    ``(i) Appointment of Guardian.--The deputy commissioner having 
jurisdiction over a claim for compensation under this section shall 
have discretion to require the appointment of a guardian for the 
purpose of receiving the compensation of a minor child. In the absence 
of such a requirement, the appointment of a guardian for such purpose 
shall not be necessary.''.
    (b) Nonapplicability Until Publication of Table.--Not later than 90 
days after the date of enactment of this Act, the Secretary of Labor 
shall promulgate regulations and publish a table of compensation 
implementing the amendments made by this section. A carrier shall not 
be required to adjust payments made under the Longshore and Harbor 
Workers' Compensation Act to comply with the amendments made by this 
section until such table is published.

SEC. 10. DETERMINATION OF PAY.

    (a) Determination of Pay.--Section 10 (33 U.S.C. 910) is amended--
            (1) in the matter preceding subsection (a)--
                    (A) by striking ``average weekly wage'' and 
                inserting ``spendable earnings''; and
                    (B) by inserting ``as provided in sections 8 and 
                9'' after ``compensation'';
            (2) by striking subsections (a) through (e) and inserting 
        the following:
    ``(a) Average Weekly Wage Calculation.--
            ``(1) In general.--If the injured employee was available to 
        work, as determined under paragraph (3), in 40 of the 52 weeks 
        immediately preceding the injury, or if the employee was 
        employed in a seasonal position when the injury occurred, the 
        average weekly wage shall be calculated by dividing the actual 
        earnings of the employee for the previous 52 weeks by 52.
            ``(2) Rule for certain individuals.--If the injured 
        employee was available for work, as determined under paragraph 
        (3), in less than 40 of the 52 weeks immediately preceding the 
        injury, the average weekly wage shall be based on the average 
        weekly wage of other employees in the same classification, who 
        worked in the same job, with the same seniority, and at the 
        same location for the 52 weeks immediately preceding the 
        injury.
            ``(3) Availability to work.--An injured employee shall be 
        considered available to work in a week if the injured 
        employee--
                    ``(A) actually worked not less than 1 day during 
                the week;
                    ``(B) voluntarily withdrew from the workforce for 
                the week;
                    ``(C) was not offered work during a week for 
                reasons of seniority; or
                    ``(D) was unable to work during a week for any 
                reason other than a work-related injury.
            ``(4) Special method of calculation.--If either of the 
        methods of arriving at the average weekly wages of the injured 
        employee described in paragraphs (1) and (2) cannot reasonably 
        and fairly be applied, the average weekly wages shall be such 
        sum as, having regard to the previous earnings of the injured 
        employee in the employment in which the employee was working at 
        the time of the injury, and of other employees of the same or 
        most similar class working in the same or most similar 
        employment in the same or neighboring locality, or other 
        employment of such employee, including the reasonable value of 
        the services of the employee if engaged in self-employment, 
        shall reasonably represent the annual earning capacity of the 
        injured employee, divided by 52.
            ``(5) Minor employees.--If it is established that the 
        injured employee was a minor when injured, and that under 
        normal conditions the employee's wages should be expected to 
        increase during the period of disability, the fact may be 
        considered in arriving at the employee's average weekly wages.
    ``(b) Retired Employees.--
            ``(1) Employees injured within the first year of 
        retirement.--With respect to any claim based on a death or 
        disability due to an occupational disease for which the time of 
        injury (as determined under subsection (g)) occurs within the 
        first year after the employee has retired, the average weekly 
        wage shall be calculated in accordance with subsection (a).
            ``(2) Employees injured after the first year of 
        retirement.--With respect to any claim based on a death or 
        disability due to an occupational disease for which the time of 
        injury (as determined under subsection (g)) occurs more than 1 
        year after the employee has retired, the average weekly wage 
        shall be deemed to be the national average weekly wage (as 
        determined by the Secretary pursuant to section 6(b)) 
        applicable at the time of the injury.
    ``(c) Spendable Earnings.--
            ``(1) Method of calculation.--The spendable earnings of an 
        employee shall be the average weekly wage, as calculated under 
        subsection (a), reduced by subtracting the Federal, State, and 
        local taxes that would have been withheld based on standard 
        deductions and on the domicile of the employee at the time of 
        the injury, and reduced by subtracting the tax that would have 
        been withheld under section 3101 of the Internal Revenue Code 
        of 1986.
            ``(2) Annual table.--The Secretary shall annually publish a 
        table for calculating spendable earnings under this 
        subsection.''; and
            (3) by redesignating subsections (f) through (i) as 
        subsections (d) through (g), respectively.
    (b) Nonapplicability Until Publication of Table.--Not later than 90 
days after the date of enactment of this Act, the Secretary of Labor 
shall promulgate regulations and publish a table of average weekly 
wages, and the associated amount of spendable earnings, implementing 
the amendments made by this section. A carrier shall not be required to 
adjust payments made under the Longshore and Harbor Workers' 
Compensation Act to comply with the amendments made by this section 
until such table is published.

SEC. 11. NOTICE OF INJURY OR DEATH.

    Section 12 (33 U.S.C. 912) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Timing and Recipients of Notice.--
            ``(1) Traumatic injury or death.--Notice of a traumatic 
        injury or death in respect of which compensation is payable 
        under this Act shall be given not later than 30 days after the 
        date of the trauma, or 30 days after the employee or 
        beneficiary is aware that the trauma resulted in injury or 
        death (or in the exercise of reasonable diligence or by reason 
        of medical advice should have been aware) of a relationship 
        among the trauma, the injury or death, and the employment, but 
        in no case shall the notice be given more than 1 year after the 
        trauma occurs.
            ``(2) Non-traumatic injury or death resulting from 
        injury.--Except as provided in paragraph (3), in the case of a 
        non-traumatic injury that does not immediately result in a 
        disability or death, and in the case of death from a non-
        traumatic injury, such notice shall be given not later than 1 
        year after the employee or claimant becomes aware (or in the 
        exercise of reasonable diligence or by reason of medical advice 
        should have been aware) of the relationship between the non-
        traumatic injury or death and employment, provided that in no 
        case shall the notice be given more than 1 year after the 
        diagnosis of a non-traumatic injury or a death resulting from 
        such injury.
            ``(3) Hearing loss.--Notice of hearing loss shall be given 
        not later than the date specified in paragraph (2) or 1 year 
        after the last date of employment, whichever occurs first.
            ``(4) Individuals receiving notice.--Notice under this 
        subsection shall be given--
                    ``(A) to the deputy commissioner in the 
                compensation district in which the injury or death 
                occurred; and
                    ``(B) to the employer.'';
            (2) in subsection (b), by adding at the end the following: 
        ``In order to facilitate prompt settlement of cases, notice of 
        an injury shall also include an opportunity for the employer to 
        have the employee answer questions under oath, so that the 
        employer may determine if and how much compensation should be 
        paid. The opportunity for questioning shall occur at a 
        reasonable time and place that provides the employee with 
        sufficient opportunity to obtain legal counsel before such 
        questioning, should the employee so choose. Failure by an 
        employee to be available for such questioning (unless waived by 
        the employer in writing), or failure to fully and truthfully 
        answer material questions, shall be considered a failure to 
        give notice under this Act.''; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Failure To Give Notice.--Failure to give timely notice in 
accordance with this section shall not bar any claim for compensation 
under this Act if--
            ``(1)(A) the employer (or the employer's agent or other 
        responsible official designated by the employer pursuant to 
        subsection (c)) or the carrier had knowledge of the injury or 
        death;
            ``(B) the deputy commissioner determines that the employer 
        or carrier has not been prejudiced by failure to give such 
        notice; or
            ``(C) the deputy commissioner excuses such failure on the 
        ground that--
                    ``(i) notice, while not given to a responsible 
                official designated by the employer pursuant to 
                subsection (c), was given to an official of the 
                employer or the employer's insurance carrier, and the 
                employer or carrier was not prejudiced due to the 
                failure to provide notice to a responsible official 
                designated by the employer pursuant to subsection (c); 
                or
                    ``(ii) for some satisfactory reason such notice 
                could not be given;
            ``(2) objection to such failure is raised before the deputy 
        commissioner at the first hearing of a claim for compensation 
        in respect of such injury or death; and
            ``(3) notice that meets the requirements of this section is 
        given not more than 1 year after the injury or death.''.

SEC. 12. FILING OF CLAIMS.

    Section 13 (33 U.S.C. 913) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Time To File.--The right to compensation for disability or 
death under this Act shall be barred unless a claim therefore is filed 
not later than 90 days after providing notice under section 12. If 
payment of compensation has been made without an award on account of 
such injury or death, a claim may be filed not later than 90 days after 
the date of the last payment. Such claim shall be filed with the deputy 
commissioner in the compensation district in which such injury or death 
occurred.'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively; and
            (4) in subsection (c) (as redesignated by paragraph (3)), 
        by inserting ``, provided that such suit was filed in 
        accordance with subsection (a)'' before the period at the end.

SEC. 13. PAYMENT OF COMPENSATION.

    Section 14(f) (33 U.S.C. 914(f)) is amended--
            (1) by striking ``within ten days after it becomes due'' 
        and inserting ``within 10 business days after receipt by the 
        employer or carrier of a priority mailing containing the 
        order''; and
            (2) by adding at the end the following: ``For purposes of 
        this section, the date on which compensation is paid shall be 
        the earlier of the date on which the employer or carrier 
        actually delivers the compensation to the employee (or the 
        representative designated by the employee) or the postmark date 
        on which the compensation was mailed to such employee (or 
        representative).''.

SEC. 14. ASSIGNMENT AND EXEMPTION FROM CLAIMS OF CREDITORS.

    Section 16 (33 U.S.C. 916) is amended--
            (1) by striking ``No assignment'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), no 
assignment''; and
            (2) by adding at the end the following:
    ``(b) Limitation.--Benefits due or payable under this Act shall be 
subject to withholding and any other legal process in the same form and 
manner, and to the same extent, as withholding and other legal 
processes apply under section 206 of the Employment Retirement Income 
Security Act of 1974 (29 U.S.C. 1056).''.

SEC. 15. PRESUMPTIONS, BURDENS, AND RULES OF EVIDENCE.

    Section 20 (33 U.S.C. 920) is amended to read as follows:

``SEC. 20. PRESUMPTIONS, BURDENS, AND RULES OF EVIDENCE.

    ``(a) Presumptions.--
            ``(1) Rebuttable presumptions.--In any proceeding for the 
        enforcement of a claim for compensation under this Act, it 
        shall be a rebuttable presumption--
                    ``(A) that the claim comes within the provisions of 
                this Act;
                    ``(B) that sufficient notice of such claim has been 
                given;
                    ``(C) that the injury was not occasioned solely by 
                the intoxication of the injured employee; and
                    ``(D) that the injury was not occasioned by the 
                willful intention of the injured employee to injure or 
                kill the employee or another.
            ``(2) Rebutting presumptions.--A presumption described in 
        paragraph (1) shall not be considered evidence once rebutted. 
        Once a presumption has been rebutted, the burden of production 
        of evidence and burden of persuasion shall be governed by 
        section 556(d) of title 5, United States Code.
            ``(3) Rebutting nonintoxication presumption.--The 
        presumption described in paragraph (1)(C) shall be rebutted by 
        evidence that the employee--
                    ``(A) refused a drug or alcohol test;
                    ``(B) did not make himself available for a drug or 
                alcohol test;
                    ``(C) tested positive for illegal drugs; or
                    ``(D) tested as having a blood alcohol 
                concentration level above the permitted driving limit 
                as established by the State where the injury occurred.
            ``(4) Exclusion of other presumptions.--No other 
        presumptions shall be authorized under this Act.
    ``(b) False Statements.--
            ``(1) Affirmative and complete defense.--It shall be an 
        affirmative and complete defense to any employee claim under 
        this Act that the employee or employee's agent knowingly made a 
        false statement that is material to obtaining a benefit or 
        payment.
            ``(2) Credibility.--If any individual knowingly makes a 
        false statement, whether in writing or under oath, such false 
        statement shall go to the credibility of the individual on all 
        other issues.
    ``(c) Rules of Evidence.--
            ``(1) Evidence of injury.--With respect to proof of injury 
        for any claim for compensation under this Act--
                    ``(A) the injury, its occupational cause, and any 
                resulting manifestations or disability must be proven 
                to a reasonable degree of medical certainty, based on 
                objective relevant medical findings;
                    ``(B) notwithstanding section 4(c) or section 
                8(c)(13)(B), the employment exposure or accident shall 
                be the major contributing cause of any injury;
                    ``(C) a causal relationship between a compensable 
                accident or injury, and conditions that are not readily 
                observable, shall be by medical evidence only, as 
                proven by physical examination findings or diagnostic 
                testing;
                    ``(D) the fact that the injury was the major 
                contributing cause shall be proven by medical evidence 
                only;
                    ``(E) in cases involving occupational disease or 
                repetitive exposure, both causation and sufficient 
                exposure to support causation shall be proven by clear 
                and convincing evidence; and
                    ``(F) pain or other subjective complaints alone, in 
                the absence of objective relevant medical findings, is 
                not compensable.
            ``(2) Junk science.--
                    ``(A) Expert testimony.--With respect to a claim 
                under this Act, expert testimony shall not be 
                considered if it does not meet the requirements of Rule 
                702 of the Federal Rules of Evidence.
                    ``(B) Medical opinion.--In order to be considered 
                with respect to a claim under this Act, a medical 
                opinion shall be based on not less than 1 peer-reviewed 
                study that--
                            ``(i) has been published in a major medical 
                        journal; and
                            ``(ii) is accepted by the majority of the 
                        scientific community.''.

SEC. 16. REVIEW OF COMPENSATION ORDERS.

    Section 21 (33 U.S.C. 921) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) in the fourth sentence, by striking 
                        ``the amounts required by an award shall not'' 
                        and inserting ``disputed amounts required by an 
                        award shall''; and
                            (ii) by striking the fifth sentence;
                    (B) in paragraph (4), by adding at the end the 
                following: ``An employee may request that the Board 
                hold an expedited hearing with respect to an appeal 
                under this subsection.''; and
                    (C) by adding at the end the following:
    ``(6) Timing for Decisions.--
            ``(A) One-year appeal period.--If the Board fails to 
        resolve an appeal during the 1-year period following the date 
        on which the appeal was filed, the decision that was the basis 
        of the appeal is automatically affirmed and such affirmation 
        shall be considered a final order by the Board.
            ``(B) Ninety-day motion to reconsider period.--If the Board 
        issues a decision on an appeal during the 1-year period 
        following the date on which the appeal was filed and a timely 
        motion for reconsideration is filed, the Board may consider the 
        motion for reconsideration. If the Board fails to rule upon the 
        motion for reconsideration during the 90-day period following 
        the filing of such motion, the motion for reconsideration shall 
        be deemed denied.''; and
            (2) in subsection (c), by adding at the end the following: 
        ``A litigating position of the Secretary shall not be entitled 
        to any deference, unless such position has been expressly 
        adopted by the Secretary as a rule made on the record after 
        opportunity for an agency hearing (pursuant to sections 556 and 
        557 of title 5, United States Code).''.

SEC. 17. MODIFICATION OF COMPENSATION CASES.

    Section 22 (33 U.S.C. 922) is amended--
            (1) by striking ``22. Upon'' and inserting ``22. (a) 
        Modification of Awards.--Upon'';
            (2) in the last sentence of subsection (a) (as inserted by 
        paragraph (1)), by striking ``modification of settlements.'' 
        and inserting ``modification of settlements, except as provided 
        in subsection (b) or (c).''; and
            (3) by adding at the end the following:
    ``(b) Fraud.--Notwithstanding subsection (a), if any payment of 
compensation has been made as a result of fraud, a carrier may at any 
time seek an order for immediate--
            ``(1) termination or suspension of all future payments; and
            ``(2) full restitution of all amounts paid as a result of 
        the fraud.
    ``(c) Overpayment.--If a carrier makes a payment under this Act to 
a person in amounts in excess of the amounts owed, the carrier may seek 
an order for repayment by such person, including a credit against any 
future payment due under this Act or wages paid to the employee. This 
subsection shall apply regardless of whether such excess amounts 
resulted from voluntary payments, a settlement, or an order.''.

SEC. 18. PENALTY FOR MISREPRESENTATION.

    Section 31 (33 U.S.C. 931) is amended by adding at the end the 
following:
    ``(d) Reports of Fraud.--A carrier shall report credible incidents 
of fraud to the Secretary for investigation. The Secretary shall report 
any credible incident of fraud involving more than $10,000 to the 
appropriate United States Attorney. In the absence of a finding by the 
Secretary that a report of fraud under this subsection was made with 
knowledge that the information was false or was disclosed in reckless 
disregard of whether it was false, no person reporting fraud under this 
subsection shall be subject to civil liability for libel, slander, or 
any other cause of action arising from such report.''.

SEC. 19. SPECIAL FUND.

    Section 44 (33 U.S.C. 944) is amended--
            (1) by redesignating subsections (d) through (j) as 
        subsections (e) through (k), respectively;
            (2) by striking subsection (c) and inserting the following:
    ``(c) Payments Into Fund.--Payments into such fund shall be made as 
follows:
            ``(1) Whenever the Secretary determines that there is no 
        person entitled under this Act to compensation for the death of 
        an employee that would otherwise be compensable under this Act, 
        the appropriate employer shall pay $5,000 as compensation for 
        the death of such an employee.
            ``(2) At the beginning of each calendar year, the Secretary 
        shall estimate the probable expenses of the fund during that 
        calendar year and the amount of payments required (and the 
        schedule therefore) to maintain adequate reserves in the fund.
            ``(3) Each self-insurer shall make payments into the fund 
        on a prorated assessment by the Secretary determined by--
                    ``(A) computing the ratio (expressed as a percent) 
                of--
                            ``(i) the self-insurer's compensation 
                        payments under sections 8 and 9 during the 
                        preceding calendar year, to
                            ``(ii) the total of such payments by all 
                        carriers and self-insurers under such sections 
                        during the preceding calendar year;
                    ``(B) computing the ratio (expressed as a percent) 
                of--
                            ``(i) the payments under section 8(f) of 
                        this Act during the preceding calendar year 
                        that are attributable to the self-insurer, to
                            ``(ii) the total of such payments during 
                        such year attributable to all carriers and 
                        self-insurers;
                    ``(C) dividing the sum of the percentages computed 
                under subparagraphs (A) and (B) for the self-insurer by 
                2; and
                    ``(D) multiplying the percentage computed under 
                subparagraph (C) by such probable expenses of the fund 
                (as determined under paragraph (2)).
            ``(4) Each employer who is not self-insured shall make 
        payments into the fund through a surcharge based on the 
        standard premium, to be computed and collected as follows:
                    ``(A) Carriers that are not self-insurers shall 
                report the amount of all standard premiums for 
                insurance for the payment of compensation under this 
                Act to the Secretary by April 1 of each year.
                    ``(B) The Secretary shall compute an amount for 
                each carrier that is not a self-insurer, using the 
                methodology described in subparagraph (3) for self-
                insurers.
                    ``(C) The Secretary shall determine the ratio 
                (expressed as a percent) of the total of the 
                assessments computed for all such carriers under 
                subparagraph (B), to the total amount of the standard 
                premiums for insurance for the payment of compensation 
                under this Act for all carriers during the preceding 
                calendar year. This ratio shall be the premium 
                surcharge rate.
                    ``(D) Each such carrier shall collect a share of 
                the assessment from each employer insured by the 
                carrier through a premium surcharge equal to the 
                product of the premium surcharge rate multiplied by the 
                standard premium for the insured employer. The premium 
                surcharge is the amount payable by each insured 
                employer to satisfy its obligation to the fund.
                    ``(E) Assessments collected as a premium surcharge 
                under this paragraph shall not constitute an element of 
                loss for the purpose of establishing rates for workers' 
                compensation insurance but, for the purpose of 
                collection, shall be treated as separate costs imposed 
                upon insured employers. The total of the assessment 
                imposed by this paragraph shall be stated as a separate 
                cost on an insured employer's policy (or on a separate 
                document submitted to the insured employer) and shall 
                be identified as the `workers' compensation 
                policyholder surcharge'. Each such assessment shall be 
                shown as a percentage of the total workers' 
                compensation policyholder premium. The premium 
                surcharge shall be collected at the same time and in 
                the same manner that the premium for the coverage is 
                collected. The premium surcharge shall not be 
                considered as part of the premium, but an insurer may 
                cancel a policy for coverage under this Act for the 
                nonpayment of the premium surcharge in accordance with 
                the procedures applicable to the nonpayment of the 
                premium.
                    ``(F) Each such carrier shall report and remit 
                premium surcharges to the Secretary semiannually on 
                January 1 and July 1 of the calendar year following the 
                year in which the assessment is based, and such 
                surcharges shall be final except for adjustments made 
                as a result of an audit by the Secretary.
    ``(d) Notification of Payment Rates.--The Secretary shall notify 
carriers of the premium surcharge rate to be effective for policies 
written or renewed on or after the date of enactment of the Longshore 
and Harbor Workers' Compensation Act Amendments of 2009, and annually 
thereafter. At the same time as such notification to carriers, the 
Secretary shall notify each self-insured employer of the amount to be 
assessed against such employer under this section for the following 
calendar year.''; and
            (3) in subsection (i) (as redesignated by paragraph (1)), 
        by adding at the end the following: ``Such civil suit for 
        collections shall be brought against the control group of the 
        employer, as such term is defined under section 3(40)(B) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(40(B)).''.

SEC. 20. CONFORMING AMENDMENTS.

    (a) Section 7.--The Act (33 U.S.C. 901 et seq.) is amended--
            (1) in section 7--
                    (A) in subsection (e)(1)(A) (as redesignated by 
                section 7(3)), by striking ``and (c)'' and inserting 
                ``and (d)'';
                    (B) in subsection (h) (as redesignated by section 
                7(3)), by striking ``(e)'' and inserting ``(f)'';
                    (C) in subsection (k)(1) (as redesignated by 
                section 7(3)), by striking ``(c)'' and inserting 
                ``(d)''; and
                    (D) in subsection (l)(2) (as redesignated by 
                section 7(3)), by striking ``(d)'' and inserting 
                ``(e)'';
            (2) in section 28(b), by striking ``7(e)'' and inserting 
        ``7(f)'';
            (3) in section 31(b)(2)(B), by striking ``(j)'' and 
        inserting ``(k)''; and
            (4) in section 44(j)(4) (as redesignated by section 19(1)), 
        by striking ``7(e)'' and inserting ``7(f)''.
    (b) Section 10.--The Act (33 U.S.C. 901 et seq.) is amended--
            (1) in section 10--
                    (A) in subsection (e) (as redesignated by section 
                10(a)(3)), by striking ``(f)'' and inserting ``(d)''; 
                and
                    (B) in subsection (f)(3) (as redesignated by 
                section 10(a)(3)), by striking ``(f) and (g)'' and 
                inserting ``(d) and (e)'';
            (2) in section 2(10) and section 8(c)(23), by striking 
        ``(10)(d)(2)'' each place the term appears and inserting 
        ``10(b)(2)''; and
            (3) in section 9(f)(2) (as redesignated by section 
        9(a)(2)), by striking ``10(i)'' and inserting ``10(f)''.
    (c) Section 44.--The Act (33 U.S.C. 901 et seq.) is amended--
            (1) in section 44(j)(3) (as redesignated by section 19(1)), 
        by striking ``(d)'' and inserting ``(e)''; and
            (2) in section 22(a) (as inserted by section 17(1)), by 
        striking ``(i)'' and inserting ``(j)''.

SEC. 21. EFFECTIVE DATES.

    (a) References.--A reference in subsection (b) to a provision of 
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et 
seq.) shall be considered to be a reference to such provision as added, 
amended, or redesignated by this Act.
    (b) Effective Dates.--The amendments made to the Longshore and 
Harbor Workers' Compensation Act (referred to in this section as ``the 
Act'') (33 U.S.C. 901 et seq.) by this Act shall take effect on the 
date of enactment of this Act, except that--
            (1) the amendments made to paragraphs (3)(A) and (13) of 
        section 2, subsections (c) and (e) of section 3, subsections 
        (c), (d), and (e) of section 4, subsections (a) and (e) of 
        section 5, section 7(g), section 13, and subsections (b) and 
        (c) of section 20 of the Act shall apply with respect to any 
        claim under the Act filed on or after the date of enactment of 
        this Act;
            (2) the amendments made to section 2(25) of the Act shall 
        take effect on the date of enactment of this Act, and shall 
        apply regardless of the date that the fraudulent act occurred;
            (3) in section 5(d) of the Act--
                    (A) the amendments made to paragraph (1) shall 
                apply with respect to any claim under a Federal or 
                State workers' compensation law filed on or after the 
                date of enactment of this Act; and
                    (B) the amendments made to paragraphs (2) and (3) 
                shall apply with respect to any claim under a Federal 
                or State workers' compensation law, and any action 
                under the Merchant Marine Act, 1920 (commonly referred 
                to as the ``Jones Act'') (46 U.S.C. App.) or in tort, 
                filed on or after the date of enactment of this Act;
            (4) the amendments made to section 7 (not including 
        subsection (g)) of the Act shall apply with respect to any 
        medical care delivered, or examination conducted, under the Act 
        on or after the date of enactment of this Act;
            (5) the amendments made to sections 8, 9, and 10 of the Act 
        shall apply with respect to any claim under the Act filed on or 
        after the date of enactment of this Act, subject to sections 
        8(b), 9(b), and 10(b) of this Act;
            (6) the amendments made to section 11 (not including 
        subsection (a)) of the Act shall apply with respect to any 
        claim under the Act filed on or after the date of enactment of 
        this Act;
            (7) the amendments made to section 14 of the Act shall 
        apply with respect to any claim for compensation under the Act 
        for which the carrier receives notice of the claim for 
        compensation on or after the date of enactment of this Act;
            (8) the amendments made to section 20(a)(3) of the Act 
        shall apply with respect to any injury covered under the Act 
        that occurs on or after the date of enactment of this Act;
            (9) the amendments made to section 21(b)(3) of the Act 
        shall apply to any proceeding conducted under the Act on or 
        after the date of enactment of this Act;
            (10) the amendments made to section 22 of the Act shall 
        apply with respect to any payment of compensation under the Act 
        on or after the date of enactment of this Act;
            (11) the amendments made to section 31 of the Act shall 
        apply with respect to any instance of known or suspected fraud 
        involving a claim under the Act that is detected on or after 
        the date of enactment of this Act; and
            (12) the amendments made to section 44 of the Act shall 
        take effect on the January 1st following the date of enactment 
        of this Act.
                                 <all>