[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2205 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2205
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
July 23, 2019
Mr. Casey (for himself, Mr. Brown, Mr. Kaine, Mr. Warner, and Mr.
Manchin) 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 2019''.
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. Medical evidence training program.
Sec. 110. Technical and conforming amendments.
Sec. 111. Readjudicating cases involving certain chest radiographs.
Sec. 112. 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 42 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,
past investigations have uncovered that there have been NIOSH-
certified B Readers who systematically misclassified chest
radiographs while employed by coal operators or their law firms
for the purpose of opposing claims under such Act. 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) Past instances of systematic misclassification of chest
radiographs that resulted in survivors being denied benefit
claims under the Black Lung Benefits Act were not discovered
until years after the misclassifications had begun. In such
instances, 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) Insufficient numbers of administrative law judges in
the Department of Labor coupled with high numbers of cases
filed under the Black Lung Benefits Act and disruptions in
Federal Government functions caused by shutdowns have
contributed to extensive delays in adjudicating claims under
such Act and numerous other labor and employment laws. A 2017
report by the Department of Labor Office of the Inspector
General found that the Office of Workers' Compensation Programs
took an average of almost a year to process a claim for
benefits under the Black Lung Benefits Act and that claims
appealed to the Office of Administrative Law Judges took, on
average, an additional 640 days to receive a decision. 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 multiple fiscal years between 2010 and 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 78,000 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 took important steps
to combat the disease, including promulgating a rule in 2014
that reduced the allowed concentration of coal dust and
addressed weaknesses in the 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.--
``(1) In general.--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.
``(2) Medical information.--For purposes of paragraph (1),
the term `medical information'--
``(A) shall include the opinion of any examining
physician, and any examining or nonexamining
physician's interpretations of radiographs or
pathology; and
``(B) shall not include--
``(i) any record of a miner's
hospitalization or other medical treatment; or
``(ii) any communication from a miner's
representative to a medical expert.
``(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
2019, 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 an 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 Labour 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,
2020, 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,
2020, at a rate, payable in 12 equal monthly payments,
of--
``(i) $8,370 per year; increased by
``(ii) the same percentage that the pay
rate for Federal employees in grade GS-2, step
1 is increased for calendar year 2020; 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. MEDICAL EVIDENCE TRAINING PROGRAM.
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. 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 2019, 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 2019.--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 2019 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 2019.--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. 110. 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 (f)(2)--
(i) in subparagraph (A), by inserting ``,
as in effect on the day before the date of
enactment of the Black Lung Consolidation of
Administrative Responsibility Act (Public Law
107-275)'' after ``section 435(a)''; and
(ii) in subparagraph (B), by inserting ``,
as in effect on the day before the date of
enactment of the Black Lung Consolidation of
Administrative Responsibility Act (Public Law
107-275)'' after ``section 435(b)'';
(D) 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'';
(E) in subsection (h), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(F) 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 the 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 ``the
Secretary''; and
(ii) by striking ``him'' and inserting
``the 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 ``the
Secretary''; and
(ii) in subparagraph (F), by striking
``promulgated by him'' and inserting
``promulgated by the 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 ``the
Secretary'';
(B) in subsection (c), by inserting ``, as in
effect on the day before the date of enactment of the
Black Lung Consolidation of Administrative
Responsibility Act (Public Law 107-275)'' after
``section 435'';
(C) in subsection (i)(4), by striking ``Internal
Revenue Code of 1954'' and inserting ``Internal Revenue
Code of 1986''; and
(D) in subsection (j)--
(i) by striking ``Internal Revenue Code of
1954'' each place it appears and inserting
``Internal Revenue Code of 1986''; and
(ii) in paragraph (3), by inserting ``, as
in effect on the day before the date of
enactment of the Black Lung Consolidation of
Administrative Responsibility Act (Public Law
107-275)'' after ``section 435'';
(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 2019, and
any amendments made after the date of enactment of such
Act,''.
SEC. 111. 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 of Labor 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. 112. 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 Labor
and the Committee on Appropriations of the House of Representatives a
comprehensive strategy to reduce the backlog of cases pending on such
date of enactment before the Office of Administrative Law Judges of the
Department of Labor.
(b) Contents of Strategy.--The strategy under this section shall
provide information relating to--
(1) the current and targeted pendency for each category of
cases before the Office of Administrative Law Judges of the
Department of Labor;
(2) the number of administrative law judges, attorney
advisors supporting such judges, support staff, and other
resources necessary to achieve and maintain the targeted
pendency for each category of such cases;
(3) the necessary resources to improve efficiency and
effectiveness, such as equipment, training, use of reemployed
annuitants, and administrative reforms;
(4) the impact of sequestration, furloughs, and Federal
Government shutdowns 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 Labor 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 not later than 90 days
after the date of enactment of the Black Lung Benefits
Improvement Act of 2019, 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 better 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 applicable standard for
quartz (crystalline silica) in respirable dust
to better protect miners' health.
``(B) Completion deadline.--Not later than 450 days
after the date of enactment of the Black Lung Benefits
Improvement Act of 2019, 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 Labor 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 Labor
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>