[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 855 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 855

 To ensure that claims for benefits under the Black Lung Benefits Act 
  are processed in a fair and timely manner, to better protect miners 
from pneumoconiosis (commonly known as ``black lung disease''), and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

  Mr. Casey (for himself, Mr. Brown, Mr. Manchin, Mr. Kaine, and Mr. 
    Warner) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To ensure that claims for benefits under the Black Lung Benefits Act 
  are processed in a fair and timely manner, to better protect miners 
from pneumoconiosis (commonly known as ``black lung disease''), and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Black Lung Benefits Improvement Act 
of 2017''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
                      TITLE I--BLACK LUNG BENEFITS

 Part A--Improving the Process for Filing and Adjudicating Claims for 
                                Benefits

Sec. 101. Mandatory disclosure of medical information and reports.
Sec. 102. Attorneys' fees and medical expenses payment program.
Sec. 103. Clarifying eligibility for black lung benefits.
Sec. 104. Restoring adequate benefit adjustments for miners suffering 
                            from black lung disease and for their 
                            dependent family members.
Sec. 105. Treatment of evidence in equipoise.
Sec. 106. Providing assistance with claims for miners and their 
                            dependent family members.
Sec. 107. False statements or misrepresentations, attorney 
                            disqualification, and discovery sanctions.
Sec. 108. Development of medical evidence by the Secretary.
Sec. 109. Establishment of pilot program to provide impartial 
                            classifications of chest radiographs.
Sec. 110. Medical evidence training program.
Sec. 111. Technical and conforming amendments.
Sec. 112. Readjudicating cases involving certain chest radiographs.
Sec. 113. Disclosure of employment and earnings information for Black 
                            Lung Benefits Act claims.
  Part B--Reports To Improve the Administration of Benefits Under the 
                        Black Lung Benefits Act

Sec. 121. Strategy to reduce delays in adjudication.
Sec. 122. GAO report on black lung program.
          TITLE II--STANDARD FOR RESPIRABLE DUST CONCENTRATION

Sec. 201. Standard for respirable dust concentration.
  TITLE III--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS

Sec. 301. Office of Workers' Compensation Programs.
                         TITLE IV--SEVERABILITY

Sec. 401. Severability.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Black Lung Benefits Act (30 U.S.C. 901 et seq.) was 
        enacted to provide health care and modest benefits to coal 
        miners who develop pneumoconiosis (referred to in this section 
        as ``black lung disease'') resulting from exposure to coal dust 
        during their employment. Yet the determination of a claimant's 
        eligibility for these benefits often requires complex, 
        adversarial litigation. Resource disparities between coal 
        companies and such claimants are widespread within the 
        statutory and regulatory framework of such Act. Comprehensive 
        reforms are necessary to ensure that coal miners are not at a 
        disadvantage when filing claims for benefits.
            (2) The Government Accountability Office has found that 
        many claimants under the Black Lung Benefits Act are not 
        equipped with the medical and legal resources necessary to 
        develop evidence to meet the requirements for benefits. Miners 
        often lack complete and reliable medical evidence, consequently 
        increasing the risk that the individuals who review claims for 
        benefits will be presented with insufficient medical evidence. 
        Similarly, without better options for legal representation, 
        significant numbers of such claimants proceed with their claims 
        through a complex and potentially long administrative process 
        without resources that Department of Labor officials and black 
        lung disease experts note are important for developing evidence 
        and supporting their claims. Only 33 percent of claimants are 
        represented by an attorney during the initial claims 
        determination. Absent efforts to remedy administrative problems 
        and address structural weaknesses in the process for obtaining 
        benefits, claimants with meritorious claims will not receive 
        benefits.
            (3) Full exchange and disclosure between the parties of 
        relevant medical information is essential for fair adjudication 
        of claims under the Black Lung Benefits Act, regardless of 
        whether the parties intend to submit such information into 
        evidence. Records of adjudications reveal that some mine 
        operators' legal representatives have withheld relevant 
        evidence from claimants, administrative law judges, and, in 
        some cases, even their own medical experts. In several cases, 
        the disclosure of such evidence would have substantiated a 
        miner's claim for benefits. Withholding medical information can 
        endanger miners by depriving them of important information 
        about their own health and the potential need to seek medical 
        treatment.
            (4) Given the remedial nature of the Black Lung Benefits 
        Act, when an adjudicator determines that evidence is evenly 
        balanced, it is appropriate for any resulting doubt to be 
        resolved in favor of the claimant. The Supreme Court vacated 
        this longstanding legal principle, not on substantive grounds, 
        but because its application conflicted with the requirements of 
        another statute. Such principle needs to be reinstated in the 
        Black Lung Benefits Act because it provides fairness and 
        improves the administration of benefits.
            (5) Physicians who read lung x-rays as part of pulmonary 
        assessments used in proceedings for claims under the Black Lung 
        Benefits Act are required to demonstrate competency in 
        classifying chest radiographs by becoming certified as B 
        Readers by the National Institute for Occupational Safety and 
        Health (referred to in this section as ``NIOSH''). However, 
        investigations have uncovered that there are NIOSH-certified B 
        Readers who have systematically misclassified chest radiographs 
        while employed by coal operators or their law firms for the 
        purpose of opposing claims under such Act. In response, the 
        Department of Labor has directed claims examiners ``not to 
        credit negative chest x-ray readings for pneumoconiosis'' by 
        one widely used physician employed at a prominent medical 
        center unless the conclusions of such physician ``have been 
        rehabilitated''. Where chest radiographs are needed to 
        establish entitlement to benefits, claimants should have access 
        to accurate interpretations so as to ensure the fair 
        adjudication of such claims.
            (6) As of the date of enactment of this Act, more than one 
        year has passed since survivors were denied benefits on claims 
        under the Black Lung Benefits Act that involved the 
        consideration of chest radiograph interpretations rendered by a 
        certain physician whose interpretations have since been 
        determined by the Department of Labor to be generally not 
        worthy of credit. Such survivors should be permitted to file a 
        new claim for benefits under such Act. However, a survivor is 
        effectively barred from filing a new claim one year after a 
        decision regarding such benefits is final, constituting an 
        injustice that merits a remedy.
            (7) Between the calendar years 2004 and 2014, a reduction 
        in the number of administrative law judges in the Department of 
        Labor, coupled with a large increase in the number of cases 
        filed under the Black Lung Benefits Act, cuts to nondefense 
        discretionary spending, furloughs resulting from sequestration, 
        and the 16-day shutdown of the Federal Government during the 
        calendar year 2013, has created extensive delays in 
        adjudicating claims under such Act and numerous other labor and 
        employment laws. Due to the imbalance between resources and 
        caseloads, a typical claim under such Act remains unresolved 
        for an average of nearly 2 years prior to a decision by an 
        administrative law judge. These delays directly and severely 
        impact the lives of workers throughout the United States, 
        placing an undue financial and emotional burden on the affected 
        individuals and their families.
            (8) Contrary to the intent of Congress, benefits payments 
        under the Black Lung Benefits Act do not automatically increase 
        with the rising cost of living. Benefit payments are tied to 
        the monthly pay rate for Federal employees in grade GS-2, step 
        1. In several of the fiscal years prior to the enactment of 
        this Act, there was a pay freeze for Federal employees, which 
        had the effect of eliminating cost-of-living adjustments for 
        miners, surviving spouses, and dependents under the Black Lung 
        Benefits Act during such years.
            (9) A competent assessment of medical information and 
        testimony, which often involves multiple physicians disputing a 
        diagnosis, is necessary in determining whether to award 
        benefits under the Black Lung Benefits Act. To ensure that a 
        determination regarding a claim for benefits under such Act is 
        fair and accurate, regular training is needed regarding--
                    (A) developments in pulmonary medicine relating to 
                black lung disease;
                    (B) medical evidence necessary to sustain claims 
                for such benefits; and
                    (C) the proper weight to be given to conflicting 
                evidence.
            (10) Black lung disease has been the underlying or 
        contributing cause of death of more than 76,000 miners since 
        1968. After decades of decline, the incidence of coal miners 
        with black lung disease is on the rise. According to NIOSH, 
        miners are developing advanced cases of the disease at younger 
        ages. In response, the Department of Labor has taken important 
        steps to combat the disease, including promulgating a rule that 
        reduces the allowed concentration of coal dust and eliminates 
        weaknesses in the current dust sampling system. Retrospective 
        studies should be continued to determine whether revisions to 
        the standards are necessary to eliminate the disease.
            (11) To eliminate an avoidable delay in evaluating claims 
        under such Act, the Inspector General of the Department of 
        Labor has recommended legislation that would authorize the 
        Department of Labor to have electronic access to miners' 
        earning records held by the Social Security Administration.

                      TITLE I--BLACK LUNG BENEFITS

 PART A--IMPROVING THE PROCESS FOR FILING AND ADJUDICATING CLAIMS FOR 
                                BENEFITS

SEC. 101. MANDATORY DISCLOSURE OF MEDICAL INFORMATION AND REPORTS.

    Part A of the Black Lung Benefits Act (30 U.S.C. 901 et seq.) is 
amended by adding at the end the following:

``SEC. 403. MANDATORY MEDICAL INFORMATION DISCLOSURE.

    ``(a) Report.--In any claim for benefits 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 21 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--
            ``(1) be in writing; and
            ``(2) set out in detail the findings of such physician, 
        including any diagnoses and conclusions, the results of any 
        diagnostic imaging tests, and any other tests performed on the 
        miner.
    ``(b) Disclosure.--In any claim for benefits under this title, each 
party shall provide all other parties in the proceeding with a copy of 
all medical information developed regarding the miner's physical 
condition relating to such claim, even if the party does not intend to 
submit the information as evidence. Such medical information shall 
include the opinion of any examining physician, and any examining or 
nonexamining physician's interpretations of radiographs or pathology.
    ``(c) Regulations.--The Secretary shall promulgate regulations 
regarding the disclosure of medical information under this section, and 
such regulations may establish sanctions for noncompliance with this 
section.''.

SEC. 102. ATTORNEYS' FEES AND MEDICAL EXPENSES PAYMENT PROGRAM.

    Part A of the Black Lung Benefits Act (30 U.S.C. 901 et seq.), as 
amended by section 101, is further amended by adding at the end the 
following:

``SEC. 404. ATTORNEYS' FEES AND MEDICAL EXPENSES PAYMENT PROGRAM.

    ``(a) Program Established.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Black Lung Benefits Improvement Act of 
        2017, the Secretary shall establish a payment program to pay 
        attorneys' fees and other reasonable and unreimbursed medical 
        expenses incurred in establishing the claimant's case, using 
        amounts from the fund, to the attorneys of claimants in 
        qualifying claims.
            ``(2) Qualifying claim.--A qualifying claim for purposes of 
        this section is a contested claim for benefits under this title 
        for which a final order has not been entered within one 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 this section.
    ``(b) Payments Authorized.--
            ``(1) Attorneys' fees.--
                    ``(A) Approval.--If a claimant for benefits under 
                this title obtains a proposed decision and order from a 
                district director with an award of benefits for a 
                qualifying claim, or an award for a qualifying claim 
                before an administrative law judge--
                            ``(i) the district director may approve 
                        attorneys' fees for work done before such 
                        director in an amount not to exceed $1,500; and
                            ``(ii) an administrative law judge may 
                        approve attorneys' fees for work done before 
                        such judge in an amount not to exceed $3,000.
                    ``(B) Payment.--The Secretary shall, through the 
                program under this section, pay any amounts approved 
                under subparagraph (A).
            ``(2) Medical expenses.--
                    ``(A) Approval.--If a claimant for benefits under 
                this title obtains a proposed decision and order from a 
                district director with an award of benefits for a 
                qualifying claim, or an award for a qualifying claim 
                before an administrative law judge, such district 
                director and administrative law judge may each approve 
                an award, in an amount not to exceed $1,500, to the 
                claimant's attorney of reasonable and unreimbursed 
                medical expenses incurred in establishing the 
                claimant's case.
                    ``(B) Payment.--The Secretary shall, through the 
                program under this section, pay any amounts approved 
                under subparagraph (A).
            ``(3) Maximum.--The Secretary, through the program 
        established under this section, shall for any single qualifying 
        claim pay--
                    ``(A) not more than a total of $4,500 in attorneys' 
                fees; and
                    ``(B) not more than $3,000 in medical expenses.
    ``(c) Reimbursement of Funds.--In any case in which a qualifying 
claim results in a final order awarding compensation, the liable 
operator shall reimburse the fund for any fees or expenses paid under 
this section, subject to enforcement by the Secretary under section 424 
and in the same manner as compensation orders are enforced under 
section 21(d) of the Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 921(d)).
    ``(d) Additional Program Rules.--Nothing in this section shall 
limit or otherwise affect an operator's liability for any attorneys' 
fees or medical expenses awarded by the district director or an 
administrative law judge that were not paid by the program under this 
section. Nothing in this section shall limit or otherwise affect the 
Secretary's authority to use amounts in the fund to pay approved 
attorneys' fees in claims for benefits under this title for which a 
final order awarding compensation has been entered and the operator is 
unable to pay.
    ``(e) No Recoupment of Attorneys' Fees.--Any payment for attorneys' 
fees or medical expenses made by the Secretary under this section shall 
not be recouped from the claimant or the claimant's attorney.''.

SEC. 103. CLARIFYING ELIGIBILITY FOR BLACK LUNG BENEFITS.

    Section 411(c) of the Black Lung Benefits Act (30 U.S.C. 921(c)) is 
amended by striking paragraphs (3) and (4) and inserting the following:
            ``(3) If x-ray, biopsy, autopsy, or other medically 
        accepted and relevant test or procedure establishes that a 
        miner is suffering or has suffered from a chronic dust disease 
        of the lung, diagnosed as complicated pneumoconiosis or 
        progressive massive fibrosis (pneumoconiosis that has formed an 
        opacity, mass, or lesion whose greatest diameter exceeds 1 
        centimeter), then there shall be an irrebuttable presumption 
        that such miner is totally disabled due to pneumoconiosis, that 
        the miner's death was due to pneumoconiosis, or that at the 
        time of death the miner was totally disabled by pneumoconiosis, 
        as the case may be. A chest radiograph, which yields one or 
        more large opacities (whose greatest diameter exceeds 1 
        centimeter), and would be classified in category A, B, or C in 
        the International Classification of Radiographs of 
        Pneumoconioses by the International Labor Organization, shall 
        be sufficient to invoke the presumption, in the absence of more 
        probative evidence sufficient to establish that the etiology of 
        a large opacity is not pneumoconiosis.
            ``(4) If a miner was employed for 15 years or more in one 
        or more coal mines, and if there is a chest radiograph 
        submitted in connection with the claim under this title of such 
        miner or such miner's surviving spouse, child, parent, brother, 
        sister, or dependent and it is interpreted as negative with 
        respect to the requirements of paragraph (3), and if other 
        evidence demonstrates the existence of a totally disabling 
        respiratory or pulmonary impairment, then there shall be a 
        rebuttable presumption that such miner is totally disabled due 
        to pneumoconiosis, that the miner's death was due to 
        pneumoconiosis, or that at the time of death the miner was 
        totally disabled by pneumoconiosis. In the case of a living 
        miner, a spouse's affidavit may not be used by itself to 
        establish the presumption under this paragraph. The presumption 
        under this paragraph may be rebutted only by establishing that 
        such miner does not, or did not, have pneumoconiosis, or that 
        no part of such miner's respiratory or pulmonary impairment or 
        death was caused by pneumoconiosis.''.

SEC. 104. RESTORING ADEQUATE BENEFIT ADJUSTMENTS FOR MINERS SUFFERING 
              FROM BLACK LUNG DISEASE AND FOR THEIR DEPENDENT FAMILY 
              MEMBERS.

    Section 412(a) of the Black Lung Benefits Act (30 U.S.C. 922(a)) is 
amended by striking paragraph (1) and inserting the following:
            ``(1) In the case of total disability of a miner due to 
        pneumoconiosis, the disabled miner shall be paid benefits 
        during the disability--
                    ``(A) for any calendar year preceding January 1, 
                2015, at a rate equal to 37\1/2\ percent of the monthly 
                pay rate for Federal employees in grade GS-2, step 1;
                    ``(B) for the calendar year beginning on January 1, 
                2015, at a rate of $7,980 per year, payable in 12 equal 
                monthly payments; and
                    ``(C) for each calendar year thereafter, at a rate 
                equal to the amount under subparagraph (B) increased by 
                an amount equal to any increase in the annual rate of 
                the Consumer Price Index for Urban Wage Earners and 
                Clerical Workers, as published by the Bureau of Labor 
                Statistics.''.

SEC. 105. TREATMENT OF EVIDENCE IN EQUIPOISE.

    Section 422 of the Black Lung Benefits Act (30 U.S.C. 932) is 
amended by adding at the end the following:
    ``(m) In determining the validity of a claim under this title, an 
adjudicator who finds that the evidence is evenly balanced on an issue 
shall resolve any resulting doubt in the claimant's favor and find that 
the claimant has met the burden of persuasion on such issue.''.

SEC. 106. PROVIDING ASSISTANCE WITH CLAIMS FOR MINERS AND THEIR 
              DEPENDENT FAMILY MEMBERS.

    Section 427(a) of the Black Lung Benefits Act (30 U.S.C. 937(a)) is 
amended by striking ``the analysis, examination, and treatment'' and 
all that follows through ``coal miners.'' and inserting ``the analysis, 
examination, and treatment of respiratory and pulmonary impairments in 
active and inactive coal miners and for assistance on behalf of miners, 
spouses, dependents, and other family members with claims arising under 
this title.''.

SEC. 107. FALSE STATEMENTS OR MISREPRESENTATIONS, ATTORNEY 
              DISQUALIFICATION, AND DISCOVERY SANCTIONS.

    Section 431 of the Black Lung Benefits Act (30 U.S.C. 941) is 
amended to read as follows:

``SEC. 431. FALSE STATEMENTS OR MISREPRESENTATIONS, ATTORNEY 
              DISQUALIFICATION, AND DISCOVERY SANCTIONS.

    ``(a) In General.--No person, including any claimant, physician, 
operator, duly authorized agent of such operator, or employee of an 
insurance carrier, shall--
            ``(1) knowingly and willfully make a false statement or 
        misrepresentation for the purpose of obtaining, increasing, 
        reducing, denying, or terminating benefits under this title; or
            ``(2) threaten, coerce, intimidate, deceive, or knowingly 
        mislead a party, representative, witness, potential witness, 
        judge, or anyone participating in a proceeding regarding any 
        matter related to a proceeding under this title.
    ``(b) Fine; Imprisonment.--Any person who engages in the conduct 
described in subsection (a) shall, upon conviction, be subject to a 
fine in accordance with title 18, United States Code, imprisoned for 
not more than 5 years, or both.
    ``(c) Prompt Investigation.--The United States Attorney for the 
district in which the conduct described in subsection (a) is alleged to 
have occurred shall make every reasonable effort to promptly 
investigate each complaint of a violation of such subsection.
    ``(d) Disqualification.--
            ``(1) In general.--An attorney or expert witness who 
        engages in the conduct described in subsection (a) shall, in 
        addition to the fine or imprisonment provided under subsection 
        (b), be permanently disqualified from representing any party, 
        or appearing in any proceeding, under this title.
            ``(2) Attorney disqualification.--In addition to the 
        disqualification described in paragraph (1), the Secretary may 
        disqualify an attorney from representing any party in a 
        proceeding under this title for either a limited term or 
        permanently, if the attorney--
                    ``(A) engages in any action or behavior that is 
                prejudicial to the fair and orderly conduct of such 
                proceeding; or
                    ``(B) is suspended or disbarred by any court of the 
                United States, any State, or any territory, 
                commonwealth, or possession of the United States with 
                jurisdiction over the proceeding.
    ``(e) Discovery Sanctions.--An administrative law judge may 
sanction a party who fails to comply with an order to compel discovery 
or disclosure, or to supplement earlier responses, in a proceeding 
under this title. These sanctions may include, as appropriate--
            ``(1) drawing an adverse inference against the noncomplying 
        party on the facts relevant to the discovery or disclosure 
        order;
            ``(2) limiting the noncomplying party's claims, defenses, 
        or right to introduce evidence; and
            ``(3) rendering a default decision against the noncomplying 
        party.
    ``(f) Regulations.--The Secretary shall promulgate regulations 
that--
            ``(1) provide procedures for the disqualifications and 
        sanctions under this section and are appropriate for all 
        parties; and
            ``(2) distinguish between parties that are represented by 
        an attorney and parties that are not represented by an 
        attorney.''.

SEC. 108. DEVELOPMENT OF MEDICAL EVIDENCE BY THE SECRETARY.

    Part C of the Black Lung Benefits Act (30 U.S.C. 931 et seq.) is 
amended by adding at the end the following:

``SEC. 435. DEVELOPMENT OF MEDICAL EVIDENCE BY THE SECRETARY.

    ``(a) Complete Pulmonary Evaluation.--Upon request by a claimant 
for benefits under this title, the Secretary shall provide the claimant 
an opportunity to substantiate the claim through a complete pulmonary 
evaluation of the miner that shall include--
            ``(1) an initial report, conducted by a qualified physician 
        on the list provided under subsection (d), and in accordance 
        with subsection (d)(5) and sections 402(f)(1)(D) and 413(b); 
        and
            ``(2) if the conditions under subsection (b) are met, any 
        supplemental medical evidence described in subsection (c).
    ``(b) Conditions for Supplemental Medical Evidence.--The Secretary 
shall develop supplemental medical evidence, in accordance with 
subsection (c)--
            ``(1) for any claim in which the Secretary recommends an 
        award of benefits based on the results of the initial report 
        under subsection (a)(1) and a party opposing such award submits 
        evidence that could be considered contrary to the findings of 
        the Secretary; and
            ``(2) for any compensation case under this title heard by 
        an administrative law judge, in which--
                    ``(A) the Secretary has awarded benefits to the 
                claimant;
                    ``(B) the party opposing such award has submitted 
                evidence not previously reviewed that could be 
                considered contrary to the award under subparagraph 
                (A); and
                    ``(C) the claimant or, if the claimant is 
                represented by an attorney, the claimant's attorney 
                consents to the Secretary developing supplemental 
                medical evidence.
    ``(c) Process for Supplemental Medical Evidence.--
            ``(1) In general.--Except as provided under paragraph (2), 
        to develop supplemental medical evidence under conditions 
        described in subsection (b), the Secretary shall request the 
        physician who conducted the initial report under subsection 
        (a)(1) to--
                    ``(A) review any medical evidence submitted after 
                such report or the most recent supplemental report, as 
                appropriate; and
                    ``(B) update his or her opinion in a supplemental 
                report.
            ``(2) Alternative physician.--If such physician is no 
        longer available or is unwilling to provide supplemental 
        medical evidence under paragraph (1), the Secretary shall 
        select another qualified physician to provide such evidence.
            ``(3) Complicated pneumoconiosis.--In diagnosing whether 
        there is complicated pneumoconiosis as a part of a medical 
        examination conducted under paragraph (1) or (2), the Secretary 
        shall authorize a high-quality, low-dose or standard CT scan 
        where one or more of the following is found:
                    ``(A) Any certified B reader of a chest radiograph 
                associated with the examination under section 413(b) 
                finds advanced pneumoconiosis (ILO category 2/1 or 
                greater).
                    ``(B) Any certified B reader of a chest radiograph 
                associated with the examination under section 413(b) 
                finds a coalescence of small opacities.
                    ``(C) Any certified B reader of a chest radiograph 
                associated with the examination under section 413(b) 
                has a reasonable belief that there may be a large 
                opacity in the upper lungs that has been obscured by 
                bony structures.
    ``(d) Qualified Physicians for Complete Pulmonary Evaluation and 
Protections for Suitability and Potential Conflicts of Interest.--
            ``(1) Qualified physicians list.--The Secretary shall 
        create and maintain a list of qualified physicians to be 
        selected by a claimant to perform the complete pulmonary 
        evaluation described in subsection (a).
            ``(2) Public availability.--The Secretary shall make the 
        list under this subsection available to the public.
            ``(3) Annual evaluation.--Each year, the Secretary shall 
        update such list by reviewing the suitability of the listed 
        qualified physicians and assessing any potential conflicts of 
        interest.
            ``(4) Criteria for suitability.--In determining whether a 
        physician is suitable to be on the list under this subsection, 
        the Secretary shall consult the National Practitioner Data Bank 
        of the Department of Health and Human Services and assess 
        reports of adverse licensure, certifications, hospital 
        privilege, and professional society actions involving the 
        physician. In no case shall such list include any physician--
                    ``(A) who is not licensed to practice medicine in 
                any State or any territory, commonwealth, or possession 
                of the United States;
                    ``(B) whose license is revoked by a medical 
                licensing board of any State, territory, commonwealth, 
                or possession of the United States; or
                    ``(C) whose license is suspended by a medical 
                licensing board of any State, territory, commonwealth, 
                or possession of the United States.
            ``(5) Conflicts of interest.--The Secretary shall develop 
        and implement policies and procedures to ensure that any actual 
        or potential conflict of interest of qualified physicians on 
        the list under this subsection, including both individual and 
        organizational conflicts of interest, are disclosed to the 
        Department, and to provide such disclosure to claimants. Such 
        policies and procedures shall provide that, unless the claimant 
        knowingly and with the benefit of full disclosure waives the 
        following limitations, a physician shall not be used to perform 
        a complete pulmonary medical evaluation under subsection (a) 
        that is reimbursed pursuant to subsection (f), if--
                    ``(A) such physician is employed by, under contract 
                to, or otherwise providing services to a private party 
                opposing the claim, a law firm or lawyer representing 
                such opposing party, or an interested insurer or other 
                interested third party; or
                    ``(B) such physician has been retained by a private 
                party opposing the claim, a law firm or lawyer 
                representing such opposing party, or an interested 
                insurer or other interested third party in the previous 
                24 months.
    ``(e) Record.--Upon receipt of any initial report or supplemental 
report under this section, the Secretary shall enter the report in the 
record and provide a copy of such report to all parties to the 
proceeding.
    ``(f) Expenses.--All expenses related to obtaining the medical 
evidence under this section shall be paid for by the fund. If a 
claimant receives a final award of benefits, the operator liable for 
payment of benefits, if any, shall reimburse the fund for such 
expenses, which shall include interest.''.

SEC. 109. ESTABLISHMENT OF PILOT PROGRAM TO PROVIDE IMPARTIAL 
              CLASSIFICATIONS OF CHEST RADIOGRAPHS.

    (a) Establishment.--Part C of the Black Lung Benefits Act (30 
U.S.C. 931 et seq.), as amended by section 108, is further amended by 
adding at the end the following:

``SEC. 436. ESTABLISHMENT OF PILOT PROGRAM TO PROVIDE IMPARTIAL 
              CLASSIFICATIONS OF CHEST RADIOGRAPHS.

    ``(a) Definitions.--In this section:
            ``(1) B reader.--The term `B Reader' means an individual 
        who--
                    ``(A) has a valid license to practice medicine in 
                not less than one State, territory, commonwealth, or 
                possession of the United States; and
                    ``(B) has demonstrated a proficiency, through an 
                examination administered by the National Institute for 
                Occupational Safety and Health, in classifying chest 
                radiographs for findings consistent with pneumoconiosis 
                using the International Classification of Radiographs 
                of Pneumoconioses by the International Labor 
                Organization.
            ``(2) B reader panel.--The term `B Reader Panel' means a 
        panel of not less than 3 B Readers selected by the Director 
        exclusively from the B Reader Panel Pool.
            ``(3) Director.--The term `Director' means the Director of 
        the National Institute for Occupational Safety and Health.
            ``(4) ILO classification.--The term `ILO classification' 
        means the standardized categorization of chest radiographs for 
        findings consistent with pneumoconiosis using the International 
        Classification of Radiographs of Pneumoconioses by the 
        International Labor Organization.
            ``(5) B reader panel pool.--The term `B Reader Panel Pool' 
        means the group of physicians included in the pool described in 
        subsection (c).
    ``(b) B Reader Panel Program.--
            ``(1) Establishment of pilot program.--
                    ``(A) In general.--The Director shall establish, in 
                the National Institute for Occupational Safety and 
                Health, a pilot program to be known as the `B Reader 
                Panel Program'. The B Reader Panel Program shall 
                establish B Reader Panels that--
                            ``(i) are operated in a manner to assure 
                        accurate ILO classifications, which may be used 
                        for claims for benefits described in 
                        subparagraph (C);
                            ``(ii) only classify chest radiographs; and
                            ``(iii) classify all appearances described 
                        in the International Classification of 
                        Radiographs of Pneumoconiosis by the 
                        International Labor Organization or illustrated 
                        by the International Labor Organization 
                        standard radiographs.
                    ``(B) Duration.--The B Reader Panel Program 
                established under this section shall be conducted for a 
                duration of one year, beginning after the issuance of 
                necessary protocols and interim final rules under 
                subsection (h).
                    ``(C) Applicability.--A chest radiograph 
                classification may only be requested under this section 
                for a claim for benefits under this title where the 
                presence or absence of complicated pneumoconiosis or 
                progressive massive fibrosis (large opacities greater 
                than or equal to category A of the ILO classification) 
                is in fact at issue.
            ``(2) Program personnel matters.--
                    ``(A) In general.--The Director may hire such 
                personnel as are necessary to establish, manage, and 
                evaluate the B Reader Panel Program, including a B 
                Reader Program Director described in subparagraph (B).
                    ``(B) B reader program director.--The B Reader 
                Program Director shall be a physician who is a B Reader 
                and has documented expertise in ILO classifications.
                    ``(C) Staff.--
                            ``(i) In general.--In procuring the 
                        services of B Readers for this section, the 
                        Director may hire Federal personnel, contract 
                        for services, or both.
                            ``(ii) Compensation.--The Director shall 
                        establish compensation rates for B Readers who 
                        are hired under contract.
            ``(3) Ethics policy.--
                    ``(A) Code of ethics.--
                            ``(i) In general.--In order to maximize the 
                        quality, objectivity, and confidence in ILO 
                        classifications under this section, the 
                        Director shall establish a binding code of 
                        ethics to which all B Readers in the B Reader 
                        Panel Pool shall agree to in writing and 
                        adhere.
                            ``(ii) Contents.--The code of ethics shall 
                        include--
                                    ``(I) definitions and stipulations 
                                of procedures dealing with actual and 
                                apparent conflicts of interest and the 
                                appearance of bias or lack of 
                                sufficient impartiality;
                                    ``(II) a requirement that each such 
                                B Reader submits a conflict of interest 
                                disclosure statement to the Director 
                                and annually updates such statement; 
                                and
                                    ``(III) requirements for the 
                                content of the conflict of interest 
                                disclosure statements required under 
                                subclause (II).
                    ``(B) B reader ethics officer.--The Director shall 
                designate an employee of the National Institute for 
                Occupational Safety and Health as the B Reader Ethics 
                Officer whose responsibilities shall include--
                            ``(i) reviewing all conflict of interest 
                        disclosures of B Readers on the B Reader Panel 
                        Pool;
                            ``(ii) investigating the validity of such 
                        disclosures;
                            ``(iii) maintaining a list of such B 
                        Readers who fail to disclose a conflict of 
                        interest;
                            ``(iv) addressing complaints about 
                        incomplete or inaccurate conflict of interest 
                        disclosures;
                            ``(v) assessing whether any such B Reader 
                        has been improperly assigned to a panel due to 
                        a conflict of interest; and
                            ``(vi) assuring full transparency of 
                        conflict of interest disclosures to the public.
            ``(4) Quality assurance program.--
                    ``(A) Protocols.--
                            ``(i) Establishment.--The Director shall 
                        establish a quality assurance program 
                        consisting of protocols to ensure that the 
                        results produced by B Reader Panels meet or 
                        exceed standards of performance required for 
                        accuracy and consistency.
                            ``(ii) Protocols.--The protocols under this 
                        subparagraph shall include protocols--
                                    ``(I) for each B Reader to prepare 
                                an individual ILO classification report 
                                for each chest radiograph; and
                                    ``(II) for the preparation of a 
                                final ILO classification report for the 
                                chest radiograph.
                            ``(iii) Additional reviewers.--If 
                        individual ILO classifications reported by each 
                        B Reader of a B Reader Panel diverge from each 
                        other by more than an acceptable variance, as 
                        determined by protocols established under 
                        subsection (h), the Director shall assign 
                        additional B Readers to the applicable B Reader 
                        Panel or convene an additional B Reader Panel, 
                        as the Director determines necessary, to assure 
                        that the ILO classification report of the 
                        initial B Reader Panel is accurate and 
                        scientifically valid.
                            ``(iv) Use of known positive and negative 
                        x-rays as a quality control tool.--The quality 
                        assurance program under this paragraph shall 
                        use pre-read radiographs, for which ILO 
                        classifications have been previously 
                        established as external standards, with 
                        sufficient frequency in order to assure that B 
                        Readers on B Reader Panels read radiographs 
                        that are borderline positive or negative for 
                        complicated pneumoconiosis or progressive 
                        massive fibrosis (large opacities greater than 
                        or equal to category A of the ILO 
                        classification) with accuracy and consistency.
                            ``(v) Blind readings.--In reading a 
                        radiograph to make an ILO classification, a B 
                        Reader shall be blinded from the origin of the 
                        radiograph.
                    ``(B) Continuous improvement.--The Director shall 
                establish a process for providing feedback to B Readers 
                in the B Reader Pool with respect to their performance 
                in providing ILO classifications and provide 
                suggestions for improvement.
    ``(c) Creation and Maintenance of B Reader Panel Pool.--
            ``(1) Establishment.--The Director shall establish a B 
        Reader Panel Pool to be used for the B Reader Panel Program 
        under this section. The Director shall solicit and select 
        physicians who are B Readers for inclusion in the B Reader 
        Panel Pool.
            ``(2) Selection and retention for b readers on b reader 
        panel pool.--
                    ``(A) In general.--The Director shall establish and 
                disclose criteria by which B Readers are selected and 
                retained within the B Reader Panel Pool, including 
                minimum standards of performance described in 
                subparagraph (B).
                    ``(B) Minimum standards of performance.--The 
                minimum standards of performance for inclusion in the B 
                Reader Panel Pool shall include requiring the B Reader 
                to make radiograph classifications consistent with ILO 
                classification criteria that are consistently within 
                acceptable norms, as established by the Director.
                    ``(C) Considerations for selection.--In selecting a 
                B Reader to be included in the B Reader Panel Pool, the 
                Director shall--
                            ``(i) assess, to the maximum extent 
                        practicable, the prior performance of the B 
                        Reader in making ILO classifications;
                            ``(ii) consult the National Practitioner 
                        Data Bank of the Department of Health and Human 
                        Services for information on physician 
                        suitability; and
                            ``(iii) assess reports of adverse 
                        licensure, certifications, hospital privilege, 
                        and professional society actions involving the 
                        B Reader.
                    ``(D) Monitoring.--The Director shall monitor ILO 
                classifications conducted under this section to 
                determine if any B Reader included in the B Reader 
                Panel Pool demonstrates a pattern of providing ILO 
                classifications that are erroneous or not consistently 
                within the acceptable norms, as established by the 
                Director.
            ``(3) Process for removal.--
                    ``(A) In general.--The Director shall be authorized 
                to suspend or remove any B Reader from the B Reader 
                Panel Pool for--
                            ``(i) consistently failing to meet the 
                        minimum standards of performance under 
                        paragraph (2)(B);
                            ``(ii) breaching the code of ethics under 
                        subsection (b)(3)(A); or
                            ``(iii) other disqualifying conduct, as 
                        established by rule or policy.
                    ``(B) Review.--The Director shall provide a process 
                for a B Reader who is aggrieved by a decision of the 
                Director under subparagraph (A) to seek review by the 
                Secretary of Health and Human Services. The review by 
                such Secretary shall not stay the suspension of the B 
                Reader during the pendency of the review.
            ``(4) Disclosure.--The Director shall make publicly 
        accessible--
                    ``(A) the names and qualifications of the B Readers 
                included in the B Reader Panel Pool;
                    ``(B) the names of B Readers who have been 
                suspended or removed from the B Reader Panel Pool and 
                the reasons for such suspension or removal;
                    ``(C) the conflict of interest disclosure 
                statements required under subsection (b)(3)(A)(ii)(II); 
                and
                    ``(D) any pertinent information which the Director 
                determines necessary to assure transparency and program 
                integrity.
    ``(d) Eligibility To Request ILO Classifications.--Each of the 
following individuals may request an ILO classification under this 
section:
            ``(1) Claimants or operators, or their authorized 
        representatives, in a claim for benefits that meets the 
        requirements of subsection (b)(1)(C).
            ``(2) Individuals defined as adjudication officers by 
        regulations of the Secretary.
    ``(e) Timing of Reports.--Following the receipt of a written 
request for the classification of a chest radiograph, the Director 
shall provide a report conducted by a B Reader Panel--
            ``(1) for digital chest radiographic images, within 45 
        days; and
            ``(2) for film-based chest radiographs, within 90 days.
    ``(f) Testimony.--
            ``(1) Availability of director or designee.--The Director, 
        or a designee of the Director, shall be available to respond to 
        interrogatories or appear and testify about a B Reader Panel's 
        conclusions or the process by which B Reader Panels classify 
        radiographs in a case under subsection (b)(1)(C), upon the 
        request of a party to such case.
            ``(2) Interrogatories and subpoenas for b readers.--To the 
        extent that additional information is reasonably necessary for 
        the full development of evidence pertaining to a B Reader Panel 
        Report in a case under subsection (b)(1)(C), a B Reader of a B 
        Reader Panel--
                    ``(A) may be required to respond to interrogatories 
                with respect to the ILO classification provided by the 
                B Reader in the case, only if so ordered by an 
                administrative law judge; and
                    ``(B) may not be required to appear and testify 
                under subpoena, unless the party making such request 
                demonstrates to an administrative law judge that--
                            ``(i)(I) the B Reader Panel Report is 
                        incomplete or lacks information that is 
                        reasonably necessary for such full development; 
                        and
                            ``(II) if responses to interrogatories were 
                        ordered, the responses are unclear or 
                        incomplete; or
                            ``(ii) there is an extraordinary 
                        circumstance in which additional information 
                        that is reasonably necessary for such full 
                        development is otherwise unavailable from the 
                        Director and can only be provided by such B 
                        Reader.
    ``(g) Administrative Costs.--
            ``(1) Establishment.--Funds necessary to establish and 
        operate the B Reader Panel Program under this section shall be 
        paid as an administrative cost from the fund. The Director 
        shall consult with the Secretary on allocations of funds in 
        establishing such program.
            ``(2) Costs of reports for b reader panels.--
                    ``(A) Fees.--
                            ``(i) In general.--The Director shall 
                        establish a fee for a B Reader Panel Report in 
                        accordance with clause (ii). Such fee shall be 
                        payable by the party requesting such report. No 
                        fee shall be charged if the request for such 
                        ILO classification is made by an individual 
                        defined as an adjudication officer by 
                        regulations of the Secretary.
                            ``(ii) Limitation.--The amount of a fee 
                        under clause (i) shall not exceed the direct 
                        cost of hiring the B Readers of the B Reader 
                        Panel that made the ILO classification.
                    ``(B) Legal costs.--
                            ``(i) In general.--The National Institute 
                        for Occupational Safety and Health shall use 
                        amounts in the fund to pay for all costs 
                        related to the appearance and responses to 
                        interrogatories of the Director or a designee 
                        of the Director, or a B Reader of a B Reader 
                        Panel, in a proceeding under this section.
                            ``(ii) Representation of the national 
                        institute for occupational safety and health.--
                        The Office of the General Counsel of the 
                        Department of Health and Human Services shall, 
                        in consultation with the Solicitor of Labor, 
                        represent the National Institute for 
                        Occupational Safety and Health in any 
                        proceeding under this section, the costs of 
                        which shall be payable from the fund.
    ``(h) Protocols and Interim Final Rules.--Not later than 180 days 
after the date of enactment of the Black Lung Benefits Improvement Act 
of 2017, the Secretary of Health and Human Services shall issue 
protocols and promulgate interim final rules, as necessary, to commence 
the implementation of this section.
    ``(i) Report to Congress.--
            ``(1) In general.--Not later than 30 days after the 
        completion of the pilot program under this section, the 
        Director shall, in consultation with the Secretary of Labor, 
        prepare and submit a report to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and the Workforce of the House of Representatives 
        that includes the information in paragraph (2).
            ``(2) Contents.--The report under this subsection shall 
        include--
                    ``(A) the number of B Reader Panels established 
                under this section;
                    ``(B) the number of B Readers participating in the 
                pilot program under this section;
                    ``(C) the effectiveness of the quality assurance 
                program under subsection (b)(4);
                    ``(D) the accuracy of the ILO classifications 
                conducted by B Readers under this section;
                    ``(E) challenges in the administration and 
                implementation of such pilot program;
                    ``(F) the costs and revenues of such pilot program;
                    ``(G) the impact of the pilot program on the 
                claims-adjudication process;
                    ``(H) a recommendation on whether the pilot program 
                under this section should extend beyond the one-year 
                duration under subsection (b)(1)(B); and
                    ``(I) recommendations for any necessary 
                modifications to such pilot program, if the Director 
                recommends such an extension.''.
    (b) Conforming Amendment Related to Deposit of Fees.--Section 
9501(b) of the Internal Revenue Code of 1986 (26 U.S.C. 9501(b)) is 
amended by adding at the end the following new paragraph:
            ``(3) Certain fees.--Amounts collected as fees authorized 
        under section 436(g)(2)(A) of the Black Lung Benefits Act.''.

SEC. 110. MEDICAL EVIDENCE TRAINING PROGRAM.

    Part C of the Black Lung Benefits Act (30 U.S.C. 931 et seq.), as 
amended by sections 108 and 109, is further amended by adding at the 
end the following:

``SEC. 437. MEDICAL EVIDENCE TRAINING PROGRAM.

    ``(a) In General.--Not later than 60 days after the date of 
enactment of the Black Lung Benefits Improvement Act of 2017, the 
Secretary, in coordination with the National Institute for Occupational 
Safety and Health, shall establish and implement a training program, to 
provide education on issues relating to medical evidence relevant to 
claims for benefits under this title, to each of the following 
individuals who engage in work under this title:
            ``(1) District directors.
            ``(2) Claims examiners working under such directors.
            ``(3) Administrative law judges and attorney advisors 
        supporting such judges.
            ``(4) Members of the Benefits Review Board established 
        under section 21(b) of the Longshore and Harbor Workers' 
        Compensation Act (33 U.S.C. 921(b)).
    ``(b) Training Program Topics.--The training program under this 
section shall provide an overview of topics that include--
            ``(1) new developments in pulmonary medicine relating to 
        pneumoconiosis;
            ``(2) medical evidence, and other relevant evidence, 
        sufficient to support a claim for benefits under this title; 
        and
            ``(3) weighing conflicting medical evidence and testimony 
        concerning eligibility for such benefits.
    ``(c) Timing of Training.--
            ``(1) Individuals hired or appointed prior to the black 
        lung benefits improvement act of 2017.--Any district director, 
        claims examiner, administrative law judge, attorney advisor 
        supporting such judge, or member of the Benefits Review Board 
        described in subsection (a)(4), who was hired or appointed 
        prior to the date of enactment of the Black Lung Benefits 
        Improvement Act of 2017 shall complete the training program 
        under this section not later than 60 days after the 
        establishment of such program under subsection (a) and not less 
        than annually thereafter.
            ``(2) Individuals hired or appointed after the black lung 
        benefits improvement act of 2017.--Any district director, 
        claims examiner, administrative law judge, attorney advisor 
        supporting such judge, or member of the Benefits Review Board 
        described in subsection (a)(4), who is not described in 
        paragraph (1) shall complete the training program under this 
        section prior to engaging in any work under this title and not 
        less than annually thereafter.''.

SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS.

    The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended--
            (1) in section 401(a) (30 U.S.C. 901(a)), by inserting ``or 
        who were found to be totally disabled by such disease'' after 
        ``such disease'';
            (2) in section 402 (30 U.S.C. 902)--
                    (A) in subsection (a), by striking paragraph (2) 
                and inserting the following:
            ``(2) a spouse who is a member of the same household as the 
        miner, or is receiving regular contributions from the miner for 
        support, or whose spouse is a miner who has been ordered by a 
        court to contribute to support, or who meets the requirements 
        of paragraph (1) or (2) of section 216(b) of the Social 
        Security Act or paragraph (1) or (2) of section 216(f) of such 
        Act. An individual is the `spouse' of a miner when such 
        individual is legally married to the miner under the laws of 
        the State where the marriage was celebrated. The term `spouse' 
        also includes a `divorced wife' or `divorced husband', as such 
        terms are defined in paragraph (1) or (4) of section 216(d) of 
        such Act, who is receiving at least one-half of his or her 
        support, as determined in accordance with regulations 
        prescribed by the Secretary, from the miner, or is receiving 
        substantial contributions from the miner (pursuant to a written 
        agreement), or there is in effect a court order for substantial 
        contributions to the spouse's support from such miner.'';
                    (B) by striking subsection (e) and inserting the 
                following:
    ``(e) The term `surviving spouse' includes the spouse living with 
or dependent for support on the miner at the time of the miner's death, 
or living apart for reasonable cause or because of the miner's 
desertion, or who meets the requirements of subparagraph (A), (B), (C), 
(D), or (E) of section 216(c)(1) of the Social Security Act, 
subparagraph (A), (B), (C), (D), or (E) of section 216(g)(1) of such 
Act, or section 216(k) of such Act, who is not married. An individual 
is the `surviving spouse' of a miner when legally married at the time 
of the miner's death under the laws of the State where the marriage was 
celebrated. Such term also includes a `surviving divorced wife' or 
`surviving divorced husband', as such terms are defined in paragraph 
(2) or (5) of section 216(d) of such Act who for the month preceding 
the month in which the miner died, was receiving at least one-half of 
his or her support, as determined in accordance with regulations 
prescribed by the Secretary, from the miner, or was receiving 
substantial contributions from the miner (pursuant to a written 
agreement) or there was in effect a court order for substantial 
contributions to the spouse's support from the miner at the time of the 
miner's death.'';
                    (C) in subsection (g)--
                            (i) in paragraph (2)(B)(ii), by striking 
                        ``he ceased'' and inserting ``the individual 
                        ceased''; and
                            (ii) in the matter following paragraph 
                        (2)(C), by striking ``widow'' each place it 
                        appears and inserting ``surviving spouse'';
                    (D) in subsection (h), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986''; and
                    (E) in subsection (i), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986'';
            (3) in section 411 (30 U.S.C. 921)--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) The Secretary shall, in accordance with the provisions of 
this title, and the regulations promulgated by the Secretary under this 
title, make payments of benefits in respect of--
            ``(1) total disability of any miner due to pneumoconiosis;
            ``(2) the death of any miner whose death was due to 
        pneumoconiosis;
            ``(3) total disability of any miner at the time of the 
        miner's death with respect to a claim filed under part C prior 
        to January 1, 1982;
            ``(4) survivors' benefits for any 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 the 
        miner's death as a result of the miner's claim filed under part 
        C; and
            ``(5) survivors' benefits where the miner is found entitled 
        to receive benefits at the time of the miner's death resulting 
        from the miner's claim filed under part C before January 1, 
        1982.''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1), by striking ``his 
                        pneumoconiosis'' and inserting ``the miner's 
                        pneumoconiosis''; and
                            (ii) in paragraph (2), by striking ``his 
                        death'' and inserting ``the miner's death'';
            (4) in section 412 (30 U.S.C. 922)--
                    (A) in subsection (a)--
                            (i) by striking paragraph (2) and inserting 
                        the following:
    ``(2) In the case of a surviving spouse--
            ``(A) of a miner whose death is due to pneumoconiosis;
            ``(B) in a claim filed after January 1, 2005, and that is 
        pending on or after March 23, 2010, of a miner who is found 
        entitled to receive benefits at the time of the miner's death 
        as a result of the miner's claim filed under part C;
            ``(C) of a miner who is found entitled to receive benefits 
        at the time of the miner's death as a result of the miner's 
        claim filed under part C before January 1, 1982; or
            ``(D) in a claim filed under part C before January 1, 1982, 
        of a miner who was totally disabled by pneumoconiosis at the 
        time of the miner's death,
benefits shall be paid to the miner's surviving spouse at the rate the 
deceased miner would receive such benefits if the miner were totally 
disabled.'';
                            (ii) in paragraph (3)--
                                    (I) by striking ``(3) In the case'' 
                                and all that follows through ``section 
                                411(c)'' and inserting the following: 
                                ``(3)(A) In the case of the child or 
                                children of a miner described in 
                                subparagraph (B)'';
                                    (II) by striking ``he'' each place 
                                it appears and inserting ``the child'';
                                    (III) by striking ``widow'' each 
                                place it appears and inserting 
                                ``surviving spouse''; and
                                    (IV) by adding at the end the 
                                following:
    ``(B) Subparagraph (A) shall apply in the case of any child or 
children--
            ``(i) of a miner whose death is due to pneumoconiosis;
            ``(ii) in a claim filed after January 1, 2005, that is 
        pending on or after March 23, 2010, of a miner who is found 
        entitled to receive benefits at the time of the miner's death 
        as a result of the miner's claim filed under part C;
            ``(iii) of a miner who is found entitled to receive 
        benefits at the time of the miner's death as a result of the 
        miner's claim filed under part C before January 1, 1982;
            ``(iv) in a claim filed under part C before January 1, 
        1982, of a miner who was totally disabled by pneumoconiosis at 
        the time of the miner's death;
            ``(v) of a surviving spouse who is found entitled to 
        receive benefits under this part at the time of the surviving 
        spouse's death; or
            ``(vi) entitled to the payment of benefits under paragraph 
        (5) of section 411(c).'';
                            (iii) in paragraph (5)--
                                    (I) by striking the first sentence 
                                and inserting the following: ``In the 
                                case of the dependent parent or parents 
                                of a miner who is not survived at the 
                                time of death by a surviving spouse or 
                                a child and (i) whose death is due to 
                                pneumoconiosis, (ii) in a claim filed 
                                after January 1, 2005, that is pending 
                                on or after March 23, 2010, who is 
                                found entitled to receive benefits at 
                                the time of the miner's death as a 
                                result of the miner's claim filed under 
                                part C, (iii) who is found entitled to 
                                receive benefits at the time of the 
                                miner's death as a result of the 
                                miner's claim filed under part C before 
                                January 1, 1982, or (iv) in a claim 
                                filed under part C before January 1, 
                                1982, who was totally disabled by 
                                pneumoconiosis at the time of the 
                                miner's death, (I) in the case of the 
                                dependent surviving brother(s) or 
                                sister(s) of such a miner who is not 
                                survived at the time of the miner's 
                                death by a surviving spouse, child, or 
                                parent, (II) in the case of the 
                                dependent parent or parents of a miner 
                                (who is not survived at the time of the 
                                miner's death by a surviving spouse or 
                                child) who are entitled to the payment 
                                of benefits under paragraph (5) of 
                                section 411(c), or (III) in the case of 
                                the dependent surviving brother(s) or 
                                sister(s) of a miner (who is not 
                                survived at the time of the miner's 
                                death by a surviving spouse, child, or 
                                parent) who are entitled to the payment 
                                of benefits under paragraph (5) of 
                                section 411(c), benefits shall be paid 
                                under this part to such parent(s), or 
                                to such brother(s), or sister(s), at 
                                the rate specified in paragraph (3) (as 
                                if such parent(s) or such brother(s) or 
                                sister(s), were the children of such 
                                miner).''; and
                                    (II) in the fourth sentence--
                                            (aa) by striking ``brother 
                                        only if he'' and inserting 
                                        ``brother or sister only if the 
                                        brother or sister''; and
                                            (bb) by striking ``before 
                                        he ceased'' and inserting 
                                        ``before the brother or sister 
                                        ceased''; and
                            (iv) in paragraph (6), by striking 
                        ``prescribed by him'' and inserting 
                        ``prescribed by such Secretary'';
                    (B) in subsection (b)--
                            (i) by striking ``his'' each place it 
                        appears and inserting ``such miner's''; and
                            (ii) by striking ``widow'' each place it 
                        appears and inserting ``surviving spouse''; and
                    (C) in subsection (c), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986'';
            (5) in section 413 (30 U.S.C. 923)--
                    (A) in subsection (b)--
                            (i) in the second sentence, by striking 
                        ``his wife's affidavits'' and inserting 
                        ``affidavits of the miner's spouse'';
                            (ii) in the ninth sentence, by striking 
                        ``widow'' and inserting ``surviving spouse''; 
                        and
                            (iii) by striking the last sentence; and
                    (B) in subsection (c), by striking ``his claim'' 
                and inserting ``the claim'';
            (6) in section 414 (30 U.S.C. 924)--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``widow, 
                        within six months after the death of her 
                        husband'' and inserting ``surviving spouse, 
                        within six months after the death of the 
                        miner''; and
                            (ii) in paragraph (2)(C), by striking 
                        ``his'' and inserting ``the child's''; and
                    (B) in subsection (e)--
                            (i) by striking ``widow'' and inserting 
                        ``surviving spouse''; and
                            (ii) by striking ``his death'' and 
                        inserting ``the miner's death'';
            (7) in section 415(a) (30 U.S.C. 925(a))--
                    (A) in paragraph (1), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986''; and
                    (B) in paragraph (2)--
                            (i) by striking ``he'' and inserting ``such 
                        Secretary''; and
                            (ii) by striking ``him'' and inserting 
                        ``such Secretary'';
            (8) in section 421 (30 U.S.C. 931)--
                    (A) in subsection (a), by striking ``widows'' and 
                inserting ``spouses''; and
                    (B) in subsection (b)(2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``he'' and inserting ``such 
                        Secretary''; and
                            (ii) in subparagraph (F), by striking 
                        ``promulgated by him'' and inserting 
                        ``promulgated by such Secretary'';
            (9) in section 422 (30 U.S.C. 932)--
                    (A) in subsection (a)--
                            (i) by striking ``Internal Revenue Code of 
                        1954'' and inserting ``Internal Revenue Code of 
                        1986''; and
                            (ii) by striking ``he'' and inserting 
                        ``such Secretary'';
                    (B) in subsection (i)(4), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986''; and
                    (C) in subsection (j), by striking ``Internal 
                Revenue Code of 1954'' each place it appears and 
                inserting ``Internal Revenue Code of 1986'';
            (10) in section 423(a) (30 U.S.C. 933(a)), by striking 
        ``he'' and inserting ``such operator'';
            (11) in section 424(b) (30 U.S.C. 934(b))--
                    (A) in the matter following subparagraph (B) of 
                paragraph (1), by striking ``him'' and inserting ``such 
                operator'';
                    (B) in paragraph (3), by striking ``Internal 
                Revenue Code of 1954'' each place it appears and 
                inserting ``Internal Revenue Code of 1986''; and
                    (C) in paragraph (5), by striking ``Internal 
                Revenue Code of 1954'' and inserting ``Internal Revenue 
                Code of 1986'';
            (12) in section 428 (30 U.S.C. 938)--
                    (A) in subsection (a), by striking ``him'' and 
                inserting ``such operator''; and
                    (B) in subsection (b)--
                            (i) in the first sentence, by striking 
                        ``he'' and inserting ``the miner'';
                            (ii) in the third sentence, by striking 
                        ``he'' and inserting ``the Secretary'';
                            (iii) in the ninth sentence--
                                    (I) by striking ``he'' each place 
                                it appears and inserting ``the 
                                Secretary''; and
                                    (II) by striking ``his'' and 
                                inserting ``the miner's''; and
                            (iv) in the tenth sentence, by striking 
                        ``he'' each place it appears and inserting 
                        ``the Secretary''; and
            (13) in section 430 (30 U.S.C. 940)--
                    (A) by striking ``1977 and'' and inserting 
                ``1977,''; and
                    (B) by striking ``1981'' and inserting ``1981, and 
                the Black Lung Benefits Improvement Act of 2017, and 
                any amendments made after the date of enactment of such 
                Act,''.

SEC. 112. READJUDICATING CASES INVOLVING CERTAIN CHEST RADIOGRAPHS.

    (a) Definitions.--In this section:
            (1) Covered chest radiograph.--The term ``covered chest 
        radiograph'' means a chest radiograph that was interpreted as 
        negative for simple pneumoconiosis, complicated pneumoconiosis, 
        or progressive massive fibrosis by a physician with respect to 
        whom the Secretary has directed, in writing and after an 
        evaluation by the Secretary, that such physician's negative 
        interpretations of chest radiographs not be credited, except 
        where subsequently determined to be credible by the Secretary 
        in evaluating a claim for benefits under the Black Lung 
        Benefits Act (30 U.S.C. 901 et seq.).
            (2) Covered individual.--The term ``covered individual'' 
        means an individual whose record for a claim for benefits under 
        the Black Lung Benefits Act includes a covered chest 
        radiograph.
            (3) Covered survivor.--The term ``covered survivor'' means 
        an individual who--
                    (A) is a survivor of a covered individual whose 
                claim under the Black Lung Benefits Act was still 
                pending at the time of the covered individual's death; 
                and
                    (B) continued to seek an award with respect to the 
                covered individual's claim after the covered 
                individual's death.
    (b) Claims.--A covered individual or a covered survivor whose claim 
for benefits under the Black Lung Benefits Act (30 U.S.C. 901 et seq.) 
was denied prior to the enactment of this Act may file a new claim for 
benefits under this Act not later than one year after the date of 
enactment of this Act.
    (c) Adjudication on the Merits.--
            (1) In general.--Any new claim filed under subsection (b) 
        shall be adjudicated on the merits and shall not include 
        consideration of a covered chest radiograph.
            (2) Covered survivor.--Any new claim filed under subsection 
        (b) by a covered survivor shall be adjudicated as either a 
        miner's or a survivor's claim depending upon the type of claim 
        pending at the time of the covered individual's death.
    (d) Time of Payment.--
            (1) Miner's claim.--If a claim, filed under subsection (b) 
        and adjudicated under subsection (c) as a miner's claim, 
        results in an award of benefits, benefits shall be payable 
        beginning with the month of the filing of the denied claim that 
        had included in its record a covered chest radiograph.
            (2) Survivor's claim.--If a claim, filed under subsection 
        (b) and adjudicated under subsection (c) as a survivor's claim, 
        results in an award of benefits, benefits shall be payable 
        beginning with the month of the miner's death.
    (e) Contributing Impact.--The Secretary shall have the discretion 
to deny a new claim under subsection (b) in circumstances where the 
party opposing such claim establishes through clear and convincing 
evidence that a covered chest radiograph did not contribute to the 
decision to deny benefits in all prior claims filed by the covered 
individual or the covered survivor.
    (f) Limitation on Filing of New Claims.--A new claim for benefits 
may be filed under subsection (b) only if the original claim was 
finally denied by a district director, an administrative law judge, or 
the Benefits Review Board established under section 21(b) of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)).

SEC. 113. DISCLOSURE OF EMPLOYMENT AND EARNINGS INFORMATION FOR BLACK 
              LUNG BENEFITS ACT CLAIMS.

    (a) Tax Return Information.--Section 6103(l) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(23) Disclosure of return information to department of 
        labor to carry out black lung benefits act.--
                    ``(A) In general.--The Commissioner of Social 
                Security shall, on written request with respect to any 
                individual, disclose to officers or employees of the 
                Department of Labor return information from returns 
                with respect to net earnings from self-employment (as 
                defined in section 1402) and wages (as defined in 
                section 3121(a) or 3401(a)) for employment for each 
                employer of such individual.
                    ``(B) Restriction on disclosure.--The Commissioner 
                of Social Security shall disclose return information 
                under subparagraph (A) only for purposes of, and the 
                extent necessary in, carrying out the proper 
                administration of the Black Lung Benefits Act (30 
                U.S.C. 901 et seq.).''.
    (b) Social Security Earnings Information.--Notwithstanding section 
552a of title 5, United States Code, or any other provision of Federal 
or State law, the Commissioner of Social Security shall make available 
to the officers and employees of the Department of Labor, upon written 
request, the Social Security earnings information of living or deceased 
individuals who are the subject of a claim under the Black Lung 
Benefits Act (30 U.S.C. 901 et seq.), which the Secretary of Labor may 
require to carry out such Act. Such information shall be made available 
in electronic form.

  PART B--REPORTS TO IMPROVE THE ADMINISTRATION OF BENEFITS UNDER THE 
                        BLACK LUNG BENEFITS ACT

SEC. 121. STRATEGY TO REDUCE DELAYS IN ADJUDICATION.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Labor shall submit to the Committee on 
Health, Education, Labor, and Pensions and the Committee on 
Appropriations of the Senate and the Committee on Education and the 
Workforce and the Committee on Appropriations of the House of 
Representatives a comprehensive strategy to reduce the backlog of cases 
pending on such date of enactment before the Office of Administrative 
Law Judges of the Department of Labor.
    (b) Contents of Strategy.--The strategy under this section shall 
provide information relating to--
            (1) the current and targeted pendency for each category of 
        cases before the Office of Administrative Law Judges of the 
        Department of Labor;
            (2) the number of administrative law judges, attorney 
        advisors supporting such judges, support staff, and other 
        resources necessary to achieve and maintain the targeted 
        pendency for each category of such cases;
            (3) the necessary resources to improve efficiency and 
        effectiveness, such as equipment for video conferences, 
        training, use of reemployed annuitants, and administrative 
        reforms;
            (4) the impact of sequestration, furloughs, and the Federal 
        Government shutdown, which occurred from October 1 to October 
        16, 2013, on increasing administrative burdens and the backlog 
        of cases pending before such office; and
            (5) with respect to claims filed under the Black Lung 
        Benefits Act (30 U.S.C. 901 et seq.), the necessary resources 
        needed to reduce the average pendency of cases to less than 12 
        months from the date of receipt of the case to the date of 
        disposition of such case.
    (c) Consultation.--In preparing such strategy, the Secretary of 
Labor shall consult with organizations that have ongoing interactions 
with the Office of Administrative Law Judges of the Department of 
Labor, including organizations that represent parties in cases under 
the Black Lung Benefits Act, the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 901 et seq.), and Federal statutes 
regarding whistleblowers, wages and hours for employees, and 
immigration.

SEC. 122. GAO REPORT ON BLACK LUNG PROGRAM.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Health, Education, Labor, and Pensions 
of the Senate and the Committee on Education and the Workforce of the 
House of Representatives a report on any barriers to health care faced 
by coal miners with pneumoconiosis.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) an assessment of possible barriers to health care under 
        the Black Lung Benefits Act (30 U.S.C. 901 et seq.) and the 
        degree to which any barriers impact the ability of miners with 
        legitimate medical needs, particularly such miners in rural 
        areas, to access treatment for pneumoconiosis;
            (2) recommendations necessary to address issues, if any, 
        relating to patient access to care under such Act; and
            (3) an evaluation of whether the benefit payments 
        authorized under such Act, as amended by this Act, are 
        sufficient to meet the expenses of disabled miners, surviving 
        spouses, dependents, and other family members entitled to 
        receive benefits under the Black Lung Benefits Act.

          TITLE II--STANDARD FOR RESPIRABLE DUST CONCENTRATION

SEC. 201. STANDARD FOR RESPIRABLE DUST CONCENTRATION.

    Section 202 of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 842) is amended by adding at the end the following:
    ``(i) Reports.--
            ``(1) Retrospective study.--
                    ``(A) In general.--Beginning on August 1, 2021, the 
                Secretary shall conduct a retrospective study 
                evaluating data collected using continuous personal 
                dust monitors to determine whether to--
                            ``(i) lower the applicable standard for 
                        respirable dust concentration to protect the 
                        health of miners;
                            ``(ii) increase the frequency for taking 
                        samples of respirable dust concentration, using 
                        continuous personal dust monitors;
                            ``(iii) modify the engineering controls and 
                        work practices used by mine operators to comply 
                        with the applicable standard for respirable 
                        dust concentration;
                            ``(iv) convert samples taken for shifts 
                        that are greater than 8 hours to an 8-hour 
                        equivalent concentration to more accurately 
                        assess the conditions of miners working on 
                        longer shifts; and
                            ``(v) lower the 100 mg/m\3\ standard for 
                        quartz (crystalline silica) in respirable dust 
                        to better protect miners' health.
                    ``(B) Completion deadline.--By August 1, 2022, the 
                Secretary shall complete the study required by 
                subparagraph (A) and report the findings of such study 
                to the Committee on Health, Education, Labor, and 
                Pensions of the Senate and the Committee on Education 
                and the Workforce of the House of Representatives.
            ``(2) Subsequent studies.--By August 1, 2025, and every 3 
        years thereafter, the Secretary shall conduct a new study as 
        described in paragraph (1)(A) and report, by not later than one 
        year after the commencement of the study, the findings of such 
        study to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Education and the 
        Workforce of the House of Representatives.
            ``(3) Revised standards.--If any report of the Secretary 
        under this subsection concludes that the applicable standard 
        for respirable dust concentration should be lowered to protect 
        the health of miners, or that the incidence of pneumoconiosis 
        among coal miners in the United States, as reported by the 
        National Institute for Occupational Safety and Health, has not 
        been reduced from such incidence prior to the implementation of 
        the most recent applicable standard for respirable dust 
        concentration, the Secretary shall, consistent with the 
        requirements of this section and section 101, accordingly 
        revise such standard and any applicable sampling or testing 
        procedures not later than 24 months after the publication of 
        such report of the Secretary under this subsection.''.

  TITLE III--ESTABLISHING THE OFFICE OF WORKERS' COMPENSATION PROGRAMS

SEC. 301. OFFICE OF WORKERS' COMPENSATION PROGRAMS.

    (a) Establishment.--There shall be established, in the Department 
of Labor, an Office of Workers' Compensation Programs (referred to in 
this section as the ``Office'').
    (b) Director.--
            (1) In general.--The Office shall be directed by a Director 
        for the Office of Workers' Compensation (referred to in this 
        title as the ``Director'') who shall be appointed by the 
        President, by and with the advice and consent of the Senate.
            (2) Duties.--The Director shall carry out all duties 
        carried out by the Director for the Office of Workers' 
        Compensation as of the day before the date of enactment of this 
        Act.
    (c) Functions.--The functions of the Office on and after the date 
of enactment of this Act shall include the functions of the Office on 
the day before the date of enactment of this Act, including all of its 
personnel, assets, authorities, and liabilities.
    (d) References to Bureau of Employees' Compensation.--Reference in 
any other Federal law, Executive order, reorganization plan, rule, 
regulation, or delegation of authority, or any document of or relating 
to the Bureau of Employees' Compensation with regard to functions 
carried out by the Office of Workers' Compensation Programs, shall be 
deemed to refer to the Office of Workers' Compensation Programs.

                         TITLE IV--SEVERABILITY

SEC. 401. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision to any person or circumstance, is 
held to be invalid, the remainder of this Act, or an amendment made by 
this Act, or the application of such provision to other persons or 
circumstances, shall not be affected.
                                 <all>