[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1416 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1416

  To protect miners from pneumoconiosis (commonly known as black lung 
                   disease), and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2013

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

_______________________________________________________________________

                                 A BILL


 
  To 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 Health Improvements Act 
of 2013''.

SEC. 2. TECHNOLOGY RELATED TO RESPIRABLE DUST.

    Section 202(d) of the Federal Mine Safety and Health Act of 1977 
(30 U.S.C. 842(d)) is amended--
            (1) by striking ``of Health, Education, and Welfare''; and
            (2) by striking the second sentence and inserting the 
        following: ``Not later than 6 months after the date of 
        enactment of the Black Lung Health Improvements Act of 2013, 
        the Secretary shall issue a final regulation lowering 
        permissible exposure levels to respirable dust and updating 
        sampling and testing procedures, in order to provide the 
        maximum feasible protection from respirable dust, including 
        coal and silica dust, that is achievable through environmental 
        and engineering controls. Not later than 5 years after the date 
        of issuance of such final regulation, and once every 5 years 
        thereafter, the Secretary shall reexamine the incidence of 
        pneumoconiosis in miners and, unless there is a decline in 
        pneumoconiosis, shall update the regulation.''.

SEC. 3. BLACK LUNG MEDICAL REPORTS.

    The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by 
inserting after section 402 the following:

``SEC. 403. MEDICAL REPORTS.

    ``In any claim for benefits for a miner under this title, an 
operator that requires a miner to submit to a medical examination 
regarding the miner's respiratory or pulmonary condition shall, not 
later than 14 days after the miner has been examined, deliver to the 
claimant a complete copy of the examining physician's report. The 
examining physician's report shall be in writing and shall set out in 
detail the examiner's findings, including any diagnoses and conclusions 
and the results of any diagnostic imaging techniques and tests that 
were performed on the miner.''.

SEC. 4. GAO REPORT ON BLACK LUNG DISEASE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on any barriers to health care faced by people 
with pneumoconiosis.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) a review of the application process, including the 
        appeals process, with respect to the Black Lung Disability 
        Trust Fund established by section 9501 of the Internal Revenue 
        Code of 1986;
            (2) an assessment of possible barriers to care through the 
        Black Lung Disability Trust Fund, and the degree to which any 
        barriers impact the ability of patients with legitimate medical 
        needs, particularly those patients in rural areas, to access 
        treatment for pneumoconiosis;
            (3) recommendations necessary to address issues, if any, 
        relating to patient access to care through the Black Lung 
        Disability Trust Fund; and
            (4) an evaluation of whether the current benefit payments 
        authorized under the Black Lung Benefits Act (30 U.S.C. 901 et 
        seq.) as of the date of the report, are sufficient to meet the 
        expenses of disabled miners and survivors.

SEC. 5. REVIEW OF BLACK LUNG BENEFITS PROGRAM FORMS.

    (a) Review of Federal Black Lung Benefits Program Forms.--Not later 
than 6 months after the date of enactment of this Act, the Secretary of 
Labor shall conduct a review of the forms related to obtaining workers' 
compensation benefits under the Black Lung Benefits Act (30 U.S.C. 901 
et seq.) to determine any paperwork barriers that may exist to speedily 
receiving and processing pneumoconiosis benefits claims and the 
feasibility of reducing the forms required of applicants to such 
program.
    (b) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Labor shall prepare and 
submit a report to Congress regarding--
            (1) any changes that the Department has implemented to 
        reduce the forms and paperwork involved in receiving and 
        processing pneumoconiosis claims under the Black Lung Benefits 
        Act (30 U.S.C. 901 et seq.); and
            (2) any administrative barriers identified in the review 
        conducted under subsection (a) that the Department of Labor has 
        addressed.

SEC. 6. GRANT FUNDS TO STUDY THE PREVENTION AND TREATMENT OF BLACK LUNG 
              DISEASE.

    Section 14(d) of the Mine Improvement and New Emergency Response 
Act of 2006 (30 U.S.C. 965(d)) is amended--
            (1) by striking ``or to develop'' and inserting ``to 
        develop''; and
            (2) by inserting ``, or for research and outreach related 
        to the prevention and treatment of pneumoconiosis'' before the 
        period at the end.

SEC. 7. LEGAL FEE PAYMENT PROGRAM.

    The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by 
inserting after section 403, as added by section 3, the following:

``SEC. 404. LEGAL FEES.

    ``(a) Program Established.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Black Lung Health Improvements Act of 2013, 
        the Secretary shall establish an attorneys' fee payment program 
        to pay attorneys' fees, using amounts from the fund, on behalf 
        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 judgment has not been entered within 1 year 
        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 the program 
        under this section.
    ``(b) Payments Authorized.--
            ``(1) In general.--If a claimant for benefits is a 
        prevailing party on a qualifying claim before an administrative 
        law judge, the Benefits Review Board, or a Federal court, and 
        the judge, Board, or court approves attorneys' fees for work 
        done before it, the Secretary shall, through the program under 
        this section, pay an amount of attorneys' fees not to exceed 
        $1,500 at each stage of the administrative and legal process.
            ``(2) Maximum.--The program established under this section 
        shall not pay more than a total of $4,500 in attorneys' fees 
        for any single qualifying claim.
    ``(c) Reimbursement of Funds.--In any case where a qualifying claim 
results in a final order for compensation, the employer subject to such 
claim shall reimburse the fund for any payments made under this section 
on behalf of the claimant, 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 Rules.--Nothing in this section shall limit or 
otherwise affect an employer's liability for any attorneys' fees 
awarded by an administrative law judge, the Benefits Review Board, or a 
Federal court, that were not paid by the program under this section. 
Nothing in this section shall limit or otherwise affect the ability to 
use amounts provided through the fund to pay approved attorneys' fees 
in claims for benefits under this title for which a final judgment has 
been ordered, in cases where the employer is unable to do so.
    ``(e) No Recoupment of Attorneys' Fees.--Any payment for attorneys' 
fees made by the Secretary under the program under this section shall 
not be recouped from the claimant or the claimant's attorney.''.

SEC. 8. BLACK LUNG BENEFITS ACT 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) by striking subsection (a) of section 411 (20 U.S.C. 
        921) and inserting the following:
    ``(a) The Secretary shall, in accordance with the provisions of 
this part, and the regulations promulgated by the Secretary under this 
part, 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 his 
        death with respect to claims filed under part C prior to 
        January 1, 1982;
            ``(4) survivors' benefits for any claim filed after January 
        1, 2005, that is pending on or after March 23, 2010, where the 
        miner is found entitled to receive benefits at the time of his 
        death as a result of a lifetime claim filed under part C; and
            ``(5) survivors' benefits where the miner is found entitled 
        to receive benefits at the time of his death as a result of a 
        lifetime claim filed under part C before January 1, 1982.''; 
        and
            (3) in section 412(a) (30 U.S.C. 922(a))--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) In the case of a widow--
                    ``(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 at the time 
                of the miner's death as a result of a lifetime claim 
                filed under part C;
                    ``(C) of a miner who is found entitled to receive 
                benefits at the time of his death as a result of a 
                lifetime claim filed under part C before January 1, 
                1982; or
                    ``(D) in a claim filed under part C of this 
                subchapter before January 1, 1982, of a miner who was 
                totally disabled by pneumoconiosis at the time of his 
                death,
        benefits shall be paid to the miner's widow (if any) at the 
        rate the deceased miner would receive such benefits if he were 
        totally disabled.'';
                    (B) 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)''; and
                            (ii) 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 at the time of 
                his death as a result of a lifetime claim filed under 
                part C;
                    ``(iii) of a miner who is found entitled to receive 
                benefits at the time of his death as a result of a 
                lifetime 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 his death;
                    ``(v) of a widow who is found entitled to receive 
                benefits under this part at the time of her death; or
                    ``(vi) entitled to the payment of benefits under 
                paragraph (5) of section 411(c).''; and
                    (C) in paragraph (5), by striking ``In the case'' 
                and all that follows through ``not survived at the time 
                of his death by a widow or a child,'' and inserting 
                ``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 widow 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 at the time 
                of his death as a result of a lifetime claim filed 
                under part C, (iii) who is found entitled to receive 
                benefits at the time of his death as a result of a 
                lifetime 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 death,''.
                                 <all>