,i #aacth ,,congress #b;d ,session ,h4 ,r4 #egea ,,in ,,the ,,house ,,of ,,representatives ,november #bj1 #bjad ,mr4 ,cartwright 7for himself1 ,mr4 ,george ,miller of ,california1 ,mr4 ,courtney1 ,mr4 ,rahall1 and ,mr4 ,scott of ,virginia7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to ensure that claims for benefits under the ,black ,lung ,benefits ,act are processed in a fair and timely manner1 to better protect miners from pneumoconiosis 7commonly known as black lung disease71 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,black ,lung ,benefits ,improvement ,act of #bjad4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,findings4 ,title ,i--,black lung benefits ,part ,a--,improving the process for filing and adjudicating claims for benefits ,sec4 #aja4 ,mandatory disclosure of medical information and reports4 ,sec4 #ajb4 ,legal fees4 ,sec4 #ajc4 ,clarifying eligibility for black lung benefits4 ,sec4 #ajd4 ,restoring adequate benefit adjustments for miners suffering from black lung disease and for their dependent family members4 ,sec4 #aje4 ,treatment of evidence in equipoise4 ,sec4 #ajf4 ,providing assistance with claims for miners and their dependent family members4 ,sec4 #ajg4 ,false statements or misrepresentations1 attorney disqualification1 and discovery sanctions4 ,sec4 #ajh4 ,development of medical evidence by the ,secretary4 ,sec4 #aji4 ,establishment of pilot program to provide impartial classifications of chest radiographs4 ,sec4 #aaj4 ,medical evidence training program4 ,sec4 #aaa4 ,technical and conforming amendments4 ,sec4 #aab4 ,readjudicating cases involving certain chest radiographs4 ,part ,b--,reports ,to improve the administration of benefits under the ,black ,lung ,benefits ,act ,sec4 #aac4 ,strategy to reduce delays in adjudication4 ,sec4 #aad4 ,,gao report on black lung program4 ,title ,,ii--,standard for respirable dust concentration ,sec4 #bja4 ,standard for respirable dust concentration4 ,title ,,iii--,establishing the ,office of ,workers' ,compensation ,programs ,sec4 #cja4 ,office of ,workers' ,compensation ,programs4 ,title ,,iv--,severability ,sec4 #dja4 ,severability4 #c4 ,findings ,congress finds the following3 7#a7 ,the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 was enacted to provide health care and modest benefits to coal miners who develop pneumoconiosis 7referred to in this section as black lung disease7 resulting from exposure to coal dust during their employment4 ,yet the determination of a claimant's eligibility for these benefits often requires complex1 adversarial litigation4 ,resource disparities between coal companies and such claimants are widespread within the statutory and regulatory framework of such ,act4 ,comprehensive reforms are necessary to ensure that coal miners are not at a disadvantage when filing claims for benefits4 7#b7 ,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 benefits4 ,miners often lack complete and reliable medical evidence1 consequently increasing the risk that the individuals who review claims for benefits will be presented with insufficient medical evidence4 ,similarly1 without better options for legal representation1 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 claims4 ,only a quarter of claimants are represented by an attorney when filing a claim4 ,absent efforts to remedy administrative problems and address structural weaknesses in the process for obtaining benefits1 claimants with meritorious claims will not receive benefits4 7#c7 ,full exchange and disclosure between the parties of relevant medical information is essential for fair adjudication of claims under the ,black ,lung ,benefits ,act1 regardless of whether the parties intend to submit such information into evidence4 ,records of adjudications reveal that some mine operators' legal representatives have withheld relevant evidence from claimants1 administrative law judges1 and1 in some cases1 even their own medical experts4 ,in several cases1 the disclosure of such evidence would have substantiated a miner's claim for benefits4 ,withholding medical information can endanger miners by depriving them of important information about their own health and the potential need to seek medical treatment4 7#d7 ,given the remedial nature of the ,black ,lung ,benefits ,act1 when an adjudicator determines that evidence is evenly balanced1 it is appropriate for any resulting doubt to be resolved in favor of the claimant4 ,the ,supreme ,court vacated this longstanding legal principle1 not on substantive grounds1 but because its application conflicted with the requirements of another statute4 ,such principle needs to be reinstated in the ,black ,lung ,benefits ,act because it provides fairness and improves the administration of benefits4 7#e7 ,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 7referred to in this section as ,,niosh74 ,however1 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 ,act4 ,in response1 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 rehabilitated4 ,where chest radiographs are needed to establish entitlement to benefits1 claimants should have access to accurate interpretations so as to ensure the fair adjudication of such claims4 7#f7 ,as of the date of enactment of this ,act1 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 credit4 ,such survivors should be permitted to file a new claim for benefits under such ,act4 ,however1 a survivor is effectively barred from filing a new claim one year after a decision regarding such benefits is final1 constituting an injustice that merits a remedy4 7#g7 ,between the calendar years #bjjd and #bjad1 a reduction in the number of administrative law judges in the ,department of ,labor1 coupled with a large increase in the number of cases filed under the ,black ,lung ,benefits ,act1 cuts to nondefense discretionary spending1 furloughs resulting from sequestration1 and the #af-;day shutdown of the ,federal ,government during the calendar year #bjac1 has created extensive delays in adjudicating claims under such ,act and numerous other labor and employment laws4 ,due to the imbalance between resources and caseloads1 it takes #dbi days to assign a case to an administrative law judge and a typical claim under such ,act remains unresolved for an average of #db months prior to a decision by an administrative law judge4 ,these delays directly and severely impact the lives of workers throughout the ,united ,states1 placing an undue financial and emotional burden on the affected individuals and their families4 7#h7 ,contrary to the intent of ,congress1 benefits payments under the ,black ,lung ,benefits ,act do not automatically increase with the rising cost of living4 ,benefit payments are tied to the monthly pay rate for ,federal employees in grade ,,gs-#b1 step #a4 ,in several of the fiscal years prior to the enactment of this ,act1 there was a pay freeze for ,federal employees1 which had the effect of eliminating cost-of-living adjustments for miners1 surviving spouses1 and dependents under the ,black ,lung ,benefits ,act during such years4 7#i7 ,a competent assessment of medical information and testimony1 which often involves multiple physicians disputing a diagnosis1 is necessary in determining whether to award benefits under the ,black ,lung ,benefits ,act4 ,to ensure that a determination regarding a claim for benefits under such ,act is fair and accurate1 regular training is needed regarding-- 7,a7 developments in pulmonary medicine relating to black lung disease2 7,b7 medical evidence necessary to sustain claims for such benefits2 and 7,c7 the proper weight to be given to conflicting evidence4 7#aj7 ,black lung disease has been the underlying or contributing cause of death of more than #gf1jjj miners since #aifh4 ,after decades of decline1 the incidence of coal miners with black lung disease is on the rise4 ,according to ,,niosh1 miners are developing advanced cases of the disease at younger ages4 ,in response1 the ,department of ,labor has taken important steps to combat the disease1 including promulgating a rule that reduces the allowed concentration of coal dust and eliminates weaknesses in the current dust sampling system4 ,retrospective studies should be continued to determine whether revisions to the standards are necessary to eliminate the disease4 ,i ,black lung benefits ,a ,improving the process for filing and adjudicating claims for benefits #aja4 ,mandatory disclosure of medical information and reports ,part ,a of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 is amended by adding at the end the following3 #djc4 ,mandatory medical information disclosure 7a7 ,report ,in any claim for benefits under this title1 an operator that requires a miner to submit to a medical examination regarding the miner's respiratory or pulmonary condition shall1 not later than #ba days after the miner has been examined1 deliver to the claimant a complete copy of the examining physician's report4 ,the examining physician's report shall-- 7#a7 be in writing2 and 7#b7 set out in detail the findings of such physician1 including any diagnoses and conclusions1 the results of any diagnostic imaging tests1 and any other tests performed on the miner4 7b7 ,disclosure ,in any claim for benefits under this title1 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 claim1 even if the party does not intend to submit the information as evidence4 ,such medical information shall include the opinion of any examining physician1 and any examining or nonexamining physician's interpretations of radiographs or pathology4 7c7 ,regulations ,the ,secretary shall promulgate regulations regarding the disclosure of medical information under this section1 and such regulations may establish sanctions for noncompliance with this section4 4 #ajb4 ,legal fees ,part ,a of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq471 as amended by section #aja1 is further amended by adding at the end the following3 #djd4 ,attorneys' fee payment program 7a7 ,program established 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,black ,lung ,benefits ,improvement ,act of #bjad1 the ,secretary shall establish an attorneys' fee payment program to pay attorneys' fees1 using amounts from the fund1 to the attorneys of claimants in qualifying claims4 7#b7 ,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 claim4 7#c7 ,use of payments from the fund ,notwithstanding any other provision of law1 amounts in the fund shall be available for payments authorized by the ,secretary under this section4 7b7 ,payments authorized 7#a7 ,in general ,if a claimant for benefits under this title obtains an effective award for a qualifying claim before an administrative law judge1 the ,benefits ,review ,board established under section #ba7;b7 of the ,longshore and ,harbor ,workers' ,compensation ,act 7#cc ,u4,s4,c4 #iba7;b771 or a ,federal court1 and the judge1 ,board1 or court approves attorneys' fees for work done before it1 the ,secretary shall1 through the program under this section1 pay an amount of attorneys' fees not to exceed #a1ejj at each stage of the administrative and legal process4 7#b7 ,maximum ,the program established under this section shall not pay more than a total of #d1ejj in attorneys' fees for any single qualifying claim4 7c7 ,reimbursement of funds ,in any case in which a qualifying claim results in a final order awarding compensation1 the liable operator shall reimburse the fund for any fees paid under this section1 subject to enforcement by the ,secretary under section #dbd and in the same manner as compensation orders are enforced under section #ba7;d7 of the ,longshore and ,harbor ,workers' ,compensation ,act 7#cc ,u4,s4,c4 #iba7;d774 7d7 ,additional program rules ,nothing in this section shall limit or otherwise affect an operator's liability for any attorneys' fees awarded by an administrative law judge1 the ,benefits ,review ,board1 or a ,federal court1 that were not paid by the program under this section4 ,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 pay4 7e7 ,no recoupment of attorneys' fees ,any payment for attorneys' fees made by the ,secretary under this section shall not be recouped from the claimant or the claimant's attorney4 4 #ajc4 ,clarifying eligibility for black lung benefits ,section #daa7;c7 of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #iba7;c77 is amended by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,if x-ray1 biopsy1 autopsy1 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 lung1 diagnosed as complicated pneumoconiosis or progressive massive fibrosis 7pneumoconiosis that has formed an opacity1 mass1 or lesion greater than one centimeter in diameter71 then there shall be an irrebuttable presumption that such miner is totally disabled due to pneumoconiosis1 that the miner's death was due to pneumoconiosis1 or that at the time of death the miner was totally disabled by pneumoconiosis1 as the case may be4 ,a chest radiograph1 which yields one or more large opacities 7greater than one centimeter in diameter71 and would be classified in category ,a1 ,b1 or ,c in the ,international ,classification of ,radiographs of ,pneumoconioses by the ,international ,labor ,organization1 shall be sufficient to invoke the presumption1 in the absence of more probative evidence sufficient to establish that the etiology of a large opacity is not pneumoconiosis4 7#d7 ,if a miner was employed for #ae years or more in one or more coal mines1 and if there is a chest radiograph submitted in connection with the claim under this title of such miner or such miner's surviving spouse1 child1 parent1 brother1 sister1 or dependent and it is interpreted as negative with respect to the requirements of paragraph 7#c71 and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment1 then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis1 that the miner's death was due to pneumoconiosis1 or that at the time of death the miner was totally disabled by pneumoconiosis4 ,in the case of a living miner1 a spouse's affidavit may not be used by itself to establish the presumption under this paragraph4 ,the presumption under this paragraph may be rebutted only by establishing that such miner does not1 or did not1 have pneumoconiosis1 or that no part of such miner's respiratory or pulmonary impairment was caused by pneumoconiosis4 4 #ajd4 ,restoring adequate benefit adjustments for miners suffering from black lung disease and for their dependent family members ,section #dab7;a7 of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ibb7;a77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,in the case of total disability of a miner due to pneumoconiosis1 the disabled miner shall be paid benefits during the disability-- 7,a7 for any calendar year preceding ,january #a1 #bjae1 at a rate equal to #cg percent of the monthly pay rate for ,federal employees in grade ,,gs-#b1 step #a2 7,b7 for the calendar year beginning on ,january #a1 #bjae1 at a rate of #g1ihj per year1 payable in #ab equal monthly payments2 and 7,c7 for each calendar year thereafter1 at a rate equal to the amount under subparagraph 7,b7 increased by an amount equal to any increase in the annual rate of the ,consumer ,price ,index for ,urban ,wage ,earners and ,clerical ,workers1 as published by the ,bureau of ,labor ,statistics4 4 #aje4 ,treatment of evidence in equipoise ,section #dbb of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #icb7 is amended by adding at the end the following3 7m7 ,in determining the validity of a claim under this title1 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 issue4 4 #ajf4 ,providing assistance with claims for miners and their dependent family members ,section #dbg7;a7 of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #icg7;a77 is amended by striking the analysis1 examination1 and treatment and all that follows through coal miners4 and inserting the analysis1 examination1 and treatment of respiratory and pulmonary impairments in active and inactive coal miners and for assistance on behalf of miners1 spouses1 dependents1 and other family members with claims arising under this title44 #ajg4 ,false statements or misrepresentations1 attorney disqualification1 and discovery sanctions ,section #dca of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ida7 is amended to read as follows3 #dca4 ,false statements or misrepresentations1 attorney disqualification1 and discovery sanctions 7a7 ,in general ,no person1 including any claimant1 physician1 operator1 duly authorized agent of such operator1 or employee of an insurance carrier1 shall-- 7#a7 knowingly and willfully make a false statement or misrepresentation for the purpose of obtaining1 increasing1 reducing1 denying1 or terminating benefits under this title2 or 7#b7 threaten1 coerce1 intimidate1 deceive1 or knowingly mislead a party1 representative1 witness1 potential witness1 judge1 or anyone participating in a proceeding regarding any matter related to a proceeding under this title4 7b7 ,fine2 imprisonment ,any person who engages in the conduct described in subsection 7a7 shall1 upon conviction1 be subject to a fine in accordance with title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7c7 ,prompt investigation ,the ,united ,states ,attorney for the district in which the conduct described in subsection 7a7 is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint of a violation of such subsection4 7d7 ,disqualification 7#a7 ,in general ,an attorney or expert witness who engages in the conduct described in subsection 7a7 shall1 in addition to the fine or imprisonment provided under subsection 7b71 be permanently disqualified from representing any party1 or appearing in any proceeding1 under this title4 7#b7 ,attorney disqualification ,in addition to the disqualification described in paragraph 7#a71 the ,secretary may disqualify an attorney from representing any party in a proceeding under this title for either a limited term or permanently1 if the attorney-- 7,a7 engages in any action or behavior that is prejudicial to the fair and orderly conduct of such proceeding2 or 7,b7 is suspended or disbarred by any court of the ,united ,states1 any ,state1 or any territory1 commonwealth1 or possession of the ,united ,states with jurisdiction over the proceeding4 7e7 ,discovery sanctions ,an administrative law judge may sanction a party who fails to comply with an order to compel discovery or disclosure1 or to supplement earlier responses1 in a proceeding under this title4 ,these sanctions may include1 as appropriate-- 7#a7 drawing an adverse inference against the noncomplying party on the facts relevant to the discovery or disclosure order2 7#b7 limiting the noncomplying party's claims1 defenses1 or right to introduce evidence2 and 7#c7 rendering a default decision against the noncomplying party4 7f7 ,regulations ,the ,secretary shall promulgate regulations that-- 7#a7 provide procedures for the disqualifications and sanctions under this section and are appropriate for all parties2 and 7#b7 distinguish between parties that are represented by an attorney and parties that are not represented by an attorney4 4 #ajh4 ,development of medical evidence by the ,secretary ,part ,c of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ica et seq47 is amended by adding at the end the following3 #dce4 ,development of medical evidence by the ,secretary 7a7 ,complete pulmonary evaluation ,upon request by a claimant for benefits under this title1 the ,secretary shall provide the claimant an opportunity to substantiate the claim through a complete pulmonary evaluation of the miner that shall include-- 7#a7 an initial report1 conducted by a qualified physician on the list provided under subsection 7d71 and in accordance with subsection 7d77#e7 and sections #djb7;f77#a77;,d7 and #dac7;b72 and 7#b7 if the conditions under subsection 7b7 are met1 any supplemental medical evidence described in subsection 7c74 7b7 ,conditions for supplemental medical evidence ,the ,secretary shall develop supplemental medical evidence1 in accordance with subsection 7c7-- 7#a7 for any claim in which the ,secretary recommends an award of benefits based on the results of the initial report under subsection 7a77#a7 and a party opposing such award submits evidence that could be considered contrary to the findings of the ,secretary2 and 7#b7 for any compensation case under this title heard by an administrative law judge1 in which-- 7,a7 the ,secretary has awarded benefits to the claimant2 7,b7 the party opposing such award has submitted evidence not previously reviewed that could be considered contrary to the award under subparagraph 7,a72 and 7,c7 the claimant or1 if the claimant is represented by an attorney1 the claimant's attorney consents to the ,secretary developing supplemental medical evidence4 7c7 ,process for supplemental medical evidence 7#a7 ,in general ,except as provided under paragraph 7#b71 to develop supplemental medical evidence under conditions described in subsection 7b71 the ,secretary shall request the physician who conducted the initial report under subsection 7a77#a7 to-- 7,a7 review any medical evidence submitted after such report or the most recent supplemental report1 as appropriate2 and 7,b7 update his or her opinion in a supplemental report4 7#b7 ,alternative physician ,if such physician is no longer available or is unwilling to provide supplemental medical evidence under paragraph 7#a71 the ,secretary shall select another qualified physician to provide such evidence4 7d7 ,qualified physicians for complete pulmonary evaluation and protections for suitability and potential conflicts of interest 7#a7 ,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 7a74 7#b7 ,public availability ,the ,secretary shall make the list under this subsection available to the public4 7#c7 ,annual evaluation ,each year1 the ,secretary shall update such list by reviewing the suitability of the listed qualified physicians and assessing any potential conflicts of interest4 7#d7 ,criteria for suitability ,in determining whether a physician is suitable to be on the list under this subsection1 the ,secretary shall consult the ,national ,practitioner ,data ,bank of the ,department of ,health and ,human ,services and assess reports of adverse licensure1 certifications1 hospital privilege1 and professional society actions involving the physician4 ,in no case shall such list include any physician-- 7,a7 who is not licensed to practice medicine in any ,state or any territory1 commonwealth1 or possession of the ,united ,states2 7,b7 whose license is revoked by a medical licensing board of any ,state1 territory1 commonwealth1 or possession of the ,united ,states2 or 7,c7 whose license is suspended by a medical licensing board of any ,state1 territory1 commonwealth1 or possession of the ,united ,states4 7#e7 ,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 subsection1 including both individual and organizational conflicts of interest1 are disclosed to the ,department1 and to provide such disclosure to claimants4 ,such policies and procedures shall provide that1 unless the claimant knowingly and with the benefit of full disclosure waives the following limitations1 a physician shall not be used to perform a complete pulmonary medical evaluation under subsection 7a7 that is reimbursed pursuant to subsection 7f71 if-- 7,a7 such physician is employed by1 under contract to1 or otherwise providing services to a private party opposing the claim1 a law firm or lawyer representing such opposing party1 or an interested insurer or other interested third party2 or 7,b7 such physician has been retained by a private party opposing the claim1 a law firm or lawyer representing such opposing party1 or an interested insurer or other interested third party in the previous #bd months4 7e7 ,record ,upon receipt of any initial report or supplemental report under this section1 the ,secretary shall enter the report in the record and provide a copy of such report to all parties to the proceeding4 7f7 ,expenses ,all expenses related to obtaining the medical evidence under this section shall be paid for by the fund4 ,if a claimant receives a final award of benefits1 the operator liable for payment of benefits1 if any1 shall reimburse the fund for such expenses1 which shall include interest4 4 #aji4 ,establishment of pilot program to provide impartial classifications of chest radiographs 7a7 ,establishment ,part ,c of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ica et seq471 as amended by section #ajh1 is further amended by adding at the end the following3 #dcf4 ,establishment of pilot program to provide impartial classifications of chest radiographs 7a7 ,definitions ,in this section3 7#a7 ,b ,reader ,the term ,b ,reader means an individual who-- 7,a7 has a valid license to practice medicine in not less than one ,state1 territory1 commonwealth1 or possession of the ,united ,states2 and 7,b7 has demonstrated a proficiency1 through an examination administered by the ,national ,institute for ,occupational ,safety and ,health1 in classifying chest radiographs for findings consistent with pneumoconiosis using the ,international ,classification of ,radiographs of ,pneumoconioses by the ,international ,labor ,organization 7,,ilo74 7#b7 ,b ,reader ,panel ,the term ,b ,reader ,panel means a panel of not less than #c ,b ,readers selected by the ,director exclusively from the ,b ,reader ,panel ,pool4 7#c7 ,director ,the term ,director means the ,director of the ,national ,institute for ,occupational ,safety and ,health4 7#d7 ,,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 ,organization4 7#e7 ,b ,reader ,panel ,pool ,the term ,b ,reader ,panel ,pool means the group of physicians included in the pool described in subsection 7c74 7b7 ,b ,reader ,panel ,program 7#a7 ,establishment of pilot program 7,a7 ,in general ,the ,director shall establish1 in the ,national ,institute for ,occupational ,safety and ,health1 a pilot program to be known as the ,b ,reader ,panel ,program4 ,the ,b ,reader ,panel ,program shall establish ,b ,reader ,panels that-- 7i7 are operated in a manner to assure accurate ,,ilo classifications1 which may be used for claims for benefits described in subparagraph 7,c72 7ii7 only classify chest radiographs2 and 7iii7 classify all appearances described in the ,international ,classification of ,radiographs of ,pneumoconiosis or illustrated by the ,,ilo ,standard ,radiographs4 7,b7 ,duration ,the ,b ,reader ,panel ,program established under this section shall be conducted for a duration of one year1 beginning after the issuance of necessary protocols and interim final rules under subsection 7h74 7,c7 ,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 7large opacities greater than or equal to category ,a of the ,,ilo classification7 is in fact at issue4 7#b7 ,program personnel matters 7,a7 ,in general ,the ,director may hire such personnel as are necessary to establish1 manage1 and evaluate the ,b ,reader ,panel ,program1 including a ,b ,reader ,program ,director described in subparagraph 7,b74 7,b7 ,b ,reader ,program ,director ,the ,b ,reader ,program ,director shall be a physician who is a ,b ,reader and has documented expertise in ,,ilo classifications4 7,c7 ,staff 7i7 ,in general ,in procuring the services of ,b ,readers for this section1 the ,director may hire ,federal personnel1 contract for services1 or both4 7ii7 ,compensation ,the ,director shall establish compensation rates for ,b ,readers who are hired under contract4 7#c7 ,ethics policy 7,a7 ,code of ethics 7i7 ,in general ,in order to maximize the quality1 objectivity1 and confidence in ,,ilo classifications under this section1 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 adhere4 7ii7 ,contents ,the code of ethics shall include-- 7,i7 definitions and stipulations of procedures dealing with actual and apparent conflicts of interest and the appearance of bias or lack of sufficient impartiality2 7,,ii7 a requirement that each such ,b ,reader submits a conflict of interest disclosure statement to the ,director and annually updates such statement2 and 7,,iii7 requirements for the content of the conflict of interest disclosure statements required under subclause 7,,ii74 7,b7 ,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-- 7i7 reviewing all conflict of interest disclosures of ,b ,readers on the ,b ,reader ,panel ,pool2 7ii7 investigating the validity of such disclosures2 7iii7 maintaining a list of such ,b ,readers who fail to disclose a conflict of interest2 7iv7 addressing complaints about incomplete or inaccurate conflict of interest disclosures2 7v7 assessing whether any such ,b ,reader has been improperly assigned to a panel due to a conflict of interest2 and 7vi7 assuring full transparency of conflict of interest disclosures to the public4 7#d7 ,quality assurance program 7,a7 ,protocols 7i7 ,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 consistency4 7ii7 ,protocols ,the protocols under this subparagraph shall include protocols-- 7,i7 for each ,b ,reader to prepare an individual ,,ilo classification report for each chest radiograph2 and 7,,ii7 for the preparation of a final ,,ilo classification report for the chest radiograph4 7iii7 ,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 variance1 as determined by protocols established under subsection 7h71 the ,director shall assign additional ,b ,readers to the applicable ,b ,reader ,panel or convene an additional ,b ,reader ,panel1 as the ,director determines necessary1 to assure that the ,,ilo classification report of the initial ,b ,reader ,panel is accurate and scientifically valid4 7iv7 ,use of known positive and negative x-rays as a quality control tool ,the quality assurance program under this paragraph shall use pre-read radiographs1 for which ,,ilo classifications have been previously established as external standards1 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 7large opacities greater than or equal to category ,a of the ,,ilo classification7 with accuracy and consistency4 7v7 ,blind readings ,in reading a radiograph to make an ,,ilo classification1 a ,b ,reader shall be blinded from the origin of the radiograph4 7,b7 ,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 improvement4 7c7 ,creation and maintenance of ,b ,reader ,panel ,pool 7#a7 ,establishment ,the ,director shall establish a ,b ,reader ,panel ,pool to be used for the ,b ,reader ,panel ,program under this section4 ,the ,director shall solicit and select physicians who are ,b ,readers for inclusion in the ,b ,reader ,panel ,pool4 7#b7 ,selection and retention for ,b ,readers on ,b ,reader ,panel ,pool 7,a7 ,in general ,the ,director shall establish and disclose criteria by which ,b ,readers are selected and retained within the ,b ,reader ,panel ,pool1 including minimum standards of performance described in subparagraph 7,b74 7,b7 ,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 norms1 as established by the ,director4 7,c7 ,considerations for selection ,in selecting a ,b ,reader to be included in the ,b ,reader ,panel ,pool1 the ,director shall-- 7i7 assess1 to the maximum extent practicable1 the prior performance of the ,b ,reader in making ,,ilo classifications2 7ii7 consult the ,national ,practitioner ,data ,bank of the ,department of ,health and ,human ,services for information on physician suitability2 and 7iii7 assess reports of adverse licensure1 certifications1 hospital privilege1 and professional society actions involving the ,b ,reader4 7,d7 ,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 norms1 as established by the ,director4 7#c7 ,process for removal 7,a7 ,in general ,the ,director shall be authorized to suspend or remove any ,b ,reader from the ,b ,reader ,panel ,pool for-- 7i7 consistently failing to meet the minimum standards of performance under paragraph 7#b77;,b72 7ii7 breaching the code of ethics under subsection 7b77#c77;,a72 or 7iii7 other disqualifying conduct1 as established by rule or policy4 7,b7 ,review ,the ,director shall provide a process for a ,b ,reader who is aggrieved by a decision of the ,director under subparagraph 7,a7 to seek review by the ,secretary of ,health and ,human ,services4 ,the review by such ,secretary shall not stay the suspension of the ,b ,reader during the pendency of the review4 7#d7 ,disclosure ,the ,director shall make publicly accessible-- 7,a7 the names and qualifications of the ,b ,readers included in the ,b ,reader ,panel ,pool2 7,b7 the names of ,b ,readers who have been suspended or removed from the ,b ,reader ,panel ,pool and the reasons for such suspension or removal2 7,c7 the conflict of interest disclosure statements required under subsection 7b77#c77;,a77ii77,,ii72 and 7,d7 any pertinent information which the ,director determines necessary to assure transparency and program integrity4 7d7 ,eligibility ,to request ,,ilo classifications ,each of the following individuals may request an ,,ilo classification under this section3 7#a7 ,claimants or operators1 or their authorized representatives1 in a claim for benefits that meets the requirements of subsection 7b77#a77;,c74 7#b7 ,individuals defined as adjudication officers by regulations of the ,secretary4 7e7 ,timing of reports ,following the receipt of a written request for the classification of a chest radiograph1 the ,director shall provide a report conducted by a ,b ,reader ,panel-- 7#a7 for digital chest radiographic images1 within #de days2 and 7#b7 for film-based chest radiographs1 within #ij days4 7f7 ,testimony 7#a7 ,availability of director or designee ,the ,director1 or a designee of the ,director1 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 7b77#a77;,c71 upon the request of a party to such case4 7#b7 ,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 7b77#a77;,c71 a ,b ,reader of a ,b ,reader ,panel-- 7,a7 may be required to respond to interrogatories with respect to the ,,ilo classification provided by the ,b ,reader in the case1 only if so ordered by an administrative law judge2 and 7,b7 may not be required to appear and testify under subpoena1 unless the party making such request demonstrates to an administrative law judge that-- 7i7 7,i7 the ,b ,reader ,panel ,report is incomplete or lacks information that is reasonably necessary for such full development2 and 7,,ii7 if responses to interrogatories were ordered1 the responses are unclear or incomplete2 or 7ii7 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 ,reader4 7g7 ,administrative costs 7#a7 ,establishment ,funds necessary to establish and operate the ,b ,reader ,panel ,program under this section shall be paid as an administrative cost from the fund4 ,the ,director shall consult with the ,secretary on allocations of funds in establishing such program4 7#b7 ,costs of reports for ,b ,reader ,panels 7,a7 ,fees 7i7 ,in general ,the ,director shall establish a fee for a ,b ,reader ,panel ,report in accordance with clause 7ii74 ,such fee shall be payable by the party requesting such report4 ,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 ,secretary4 7ii7 ,limitation ,the amount of a fee under clause 7i7 shall not exceed the direct cost of hiring the ,b ,readers of the ,b ,reader ,panel that made the ,,ilo classification4 7,b7 ,legal costs 7i7 ,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 ,director1 or a ,b ,reader of a ,b ,reader ,panel1 in a proceeding under this section4 7ii7 ,representation of the ,national ,institute for ,occupational ,safety and ,health ,the ,general ,counsel of the ,department of ,health and ,human ,services shall1 in consultation with the ,solicitor of ,labor1 represent the ,national ,institute for ,occupational ,safety and ,health in any proceeding under this section1 which costs shall be payable from the fund4 7h7 ,protocols and interim final rules ,not later than #ahj days after the date of enactment of the ,black ,lung ,benefits ,improvement ,act of #bjad1 the ,secretary of ,health and ,human ,services shall issue protocols and promulgate interim final rules1 as necessary1 to commence the implementation of this section4 7i7 ,report to ,congress 7#a7 ,in general ,not later than #cj days after the completion of the pilot program under this section1 the ,director shall1 in consultation with the ,secretary of ,labor1 prepare and submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives that includes the information in paragraph 7#b74 7#b7 ,contents ,the report under this subsection shall include-- 7,a7 the number of ,b ,reader ,panels established under this section2 7,b7 the number of ,b ,readers participating in the pilot program under this section2 7,c7 the effectiveness of the quality assurance program under subsection 7b77#d72 7,d7 the accuracy of the ,,ilo classifications conducted by ,b ,readers under this section2 7,e7 challenges in the administration and implementation of such pilot program2 7,f7 the costs and revenues of such pilot program2 7,g7 the impact of the pilot program on the claims adjudication process2 7,h7 a recommendation on whether the pilot program under this section should extend beyond the one-year duration under subsection 7b77#a77;,b72 and 7,i7 recommendations for any necessary modifications to such pilot program1 if the ,director recommends such an extension4 4 7b7 ,conforming amendment related to deposit of fees ,section #ieja7;b7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ieja7;b77 is amended by adding at the end the following new paragraph3 7#c7 ,certain fees ,amounts collected as fees authorized under section #dcf7;g77#b77;,a7 of the ,black ,lung ,benefits ,act4 4 #aaj4 ,medical evidence training program ,part ,c of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ica et seq471 as amended by sections #ajh and #aji1 is further amended by adding at the end the following3 #dcg4 ,medical evidence training program 7a7 ,in general ,not later than #fj days after the date of enactment of the ,black ,lung ,benefits ,improvement ,act of #bjad1 the ,secretary1 in coordination with the ,national ,institute for ,occupational ,safety and ,health1 shall establish and implement a training program1 to provide education on issues relating to medical evidence relevant to claims for benefits under this title1 to each of the following individuals who engage in work under this title3 7#a7 ,district directors4 7#b7 ,claims examiners working under such directors4 7#c7 ,administrative law judges and attorney advisors supporting such judges4 7#d7 ,members of the ,benefits ,review ,board established under section #ba7;b7 of the ,longshore and ,harbor ,workers' ,compensation ,act 7#cc ,u4,s4,c4 #iba7;b774 7b7 ,training program topics ,the training program under this section shall provide an overview of topics that include-- 7#a7 new developments in pulmonary medicine relating to pneumoconiosis2 7#b7 medical evidence1 and other relevant evidence1 sufficient to support a claim for benefits under this title2 and 7#c7 weighing conflicting medical evidence and testimony concerning eligibility for such benefits4 7c7 ,timing of training 7#a7 ,individuals hired or appointed prior to the ,black ,lung ,benefits ,improvement ,act of #bjad ,any district director1 claims examiner1 administrative law judge1 attorney advisor supporting such judge1 or member of the ,benefits ,review ,board described in subsection 7a77#d71 who was hired or appointed prior to the date of enactment of the ,black ,lung ,benefits ,improvement ,act of #bjad shall complete the training program under this section not later than #fj days after the establishment of such program under subsection 7a7 and not less than annually thereafter4 7#b7 ,individuals hired or appointed after the ,black ,lung ,benefits ,improvement ,act of #bjad ,any district director1 claims examiner1 administrative law judge1 attorney advisor supporting such judge1 or member of the ,benefits ,review ,board described in subsection 7a77#d71 who is not described in paragraph 7#a7 shall complete the training program under this section prior to engaging in any work under this title and not less than annually thereafter4 4 #aaa4 ,technical and conforming amendments ,the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 is amended-- 7#a7 in section #dja7;a7 7#cj ,u4,s4,c4 #ija7;a771 by inserting or who were found to be totally disabled by such disease after such disease2 7#b7 in section #djb-- 7,a7 in subsection 7a71 by striking paragraph 7#b7 and inserting the following3 7#b7 a spouse who is a member of the same household as the miner1 or is receiving regular contributions from the miner for support1 or whose spouse is a miner who has been ordered by a court to contribute to support1 or who meets the requirements of paragraph 7#a7 or 7#b7 of section #baf7;b7 of the ,social ,security ,act or paragraph 7#a7 or 7#b7 of section #baf7;f7 of such ,act4 ,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 celebrated4 ,the term spouse also includes a divorced wife or divorced husband1 as such terms are defined in paragraph 7#a7 or 7#d7 of section #baf7;d7 of such ,act1 who is receiving at least one-half of his or her support1 as determined in accordance with regulations prescribed by the ,secretary1 from the miner1 or is receiving substantial contributions from the miner 7pursuant to a written agreement71 or there is in effect a court order for substantial contributions to the spouse's support from such miner4 2 7,b7 by striking subsection 7e7 and inserting the following3 7e7 ,the term surviving spouse includes the spouse living with or dependent for support on the miner at the time of the miner's death1 or living apart for reasonable cause or because of the miner's desertion1 or who meets the requirements of subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #baf7;c77#a7 of the ,social ,security ,act1 subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #baf7;g77#a7 of such ,act1 or section #baf7k7 of such ,act1 who is not married4 ,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 celebrated4 ,such term also includes a surviving divorced wife or surviving divorced husband1 as such terms are defined in paragraph 7#b7 or 7#e7 of section #baf7;d7 of such ,act who for the month preceding the month in which the miner died1 was receiving at least one-half of his or her support1 as determined in accordance with regulations prescribed by the ,secretary1 from the miner1 or was receiving substantial contributions from the miner 7pursuant to a written agreement7 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 death4 2 7,c7 in subsection 7g7-- 7i7 in paragraph 7#b77;,b77ii71 by striking he ceased and inserting the individual ceased2 and 7ii7 in the matter following paragraph 7#b77;,c71 by striking widow each place it appears and inserting surviving spouse2 7,d7 in subsection 7h71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 and 7,e7 in subsection 7i71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 7#c7 in section #daa 7#cj ,u4,s4,c4 #iba7-- 7,a7 by striking subsection 7a7 and inserting the following3 7a7 ,the ,secretary shall1 in accordance with the provisions of this title1 and the regulations promulgated by the ,secretary under this title1 make payments of benefits in respect of-- 7#a7 total disability of any miner due to pneumoconiosis2 7#b7 the death of any miner whose death was due to pneumoconiosis2 7#c7 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 #a1 #aihb2 7#d7 survivors' benefits for any claim filed after ,january #a1 #bjje1 that is pending on or after ,march #bc1 #bjaj1 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 ,c2 and 7#e7 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 #a1 #aihb4 2 and 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a71 by striking his pneumoconiosis and inserting the miner's pneumoconiosis2 and 7ii7 in paragraph 7#b71 by striking his death and inserting the miner's death2 7#d7 in section #dab 7#cj ,u4,s4,c4 #ibb7-- 7,a7 in subsection 7a7-- 7i7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,in the case of a surviving spouse-- 7,a7 of a miner whose death is due to pneumoconiosis2 7,b7 in a claim filed after ,january #a1 #bjje1 and that is pending on or after ,march #bc1 #bjaj1 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 ,c2 7,c7 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 #a1 #aihb2 or 7,d7 in a claim filed under part ,c before ,january #a1 #aihb1 of a miner who was totally disabled by pneumoconiosis at the time of the miner's death1 benefits shall be paid to the miner's surviving spouse at the rate the deceased miner would receive such benefits if he were totally disabled4 2 7ii7 in paragraph 7#c7-- 7,i7 by striking 7#c7 ,in the case and all that follows through section #daa7;c7 and inserting the following3 7#c77;,a7 ,in the case of the child or children of a miner described in subparagraph 7,b72 7,,ii7 by striking he each place it appears and inserting the child2 7,,iii7 by striking widow each place it appears and inserting 8surviving spouse02 and 7,,iv7 by adding at the end the following3 7,b7 ,subparagraph 7,a7 shall apply in the case of any child or children-- 7i7 of a miner whose death is due to pneumoconiosis2 7ii7 in a claim filed after ,january #a1 #bjje1 that is pending on or after ,march #bc1 #bjaj1 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 ,c2 7iii7 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 #a1 #aihb2 7iv7 in a claim filed under part ,c before ,january #a1 #aihb1 of a miner who was totally disabled by pneumoconiosis at the time of the miner's death2 7v7 of a surviving spouse who is found entitled to receive benefits under this part at the time of the surviving spouse's death2 or 7vi7 entitled to the payment of benefits under paragraph 7#e7 of section #daa7;c74 2 and 7iii7 in paragraph 7#e7-- 7,i7 by striking the first sentence and inserting the following3 ,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 7i7 whose death is due to pneumoconiosis1 7ii7 in a claim filed after ,january #a1 #bjje1 that is pending on or after ,march #bc1 #bjaj1 who is found entitled to receive benefits at the time of his the miner's death as a result of the miner's claim filed under part ,c1 7iii7 who is found entitled to receive benefits at the time of his death as a result of the miner's claim filed under part ,c before ,january #a1 #aihb1 or 7iv7 in a claim filed under part ,c before ,january #a1 #aihb1 who was totally disabled by pneumoconiosis at the time of the miner's death2 in the case of the dependent surviving brother7s7 or sister7s7 of such a miner who is not survived at the time of the miner's death by a surviving spouse1 child1 or parent2 in the case of the dependent parent or parents of a miner 7who is not survived at the time of the miner's death by a surviving spouse or child7 who are entitled to the payment of benefits under paragraph 7#e7 of section #daa7;c72 or in the case of the dependent surviving brother7s7 or sister7s7 of a miner 7who is not survived at the time of the miner's death by a surviving spouse1 child1 or parent7 who are entitled to the payment of benefits under paragraph 7#e7 of section #daa7;c71 benefits shall be paid under this part to such parent7s71 or to such brother7s71 or sister7s71 at the rate specified in paragraph 7#c7 7as if such parent7s7 or such brother7s7 or sister7s71 were the children of such miner742 7,,ii7 in the fourth sentence-- 7aa7 by striking brother only if he and inserting brother or sister only if the brother or sister2 and 7bb7 by striking before he ceased and inserting before the brother or sister ceased2 and 7iv7 in paragraph 7#f71 by striking prescribed by him and inserting prescribed by such ,secretary2 7,b7 in subsection 7b7-- 7i7 by striking his each place it appears and inserting such miner's2 and 7ii7 by striking widow each place it appears and inserting surviving spouse2 and 7,c7 in subsection 7c71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 7#e7 in section #dac 7#cj ,u4,s4,c4 #ibc7-- 7,a7 in subsection 7b7-- 7i7 in the second sentence1 by striking his wife's affidavits and inserting affidavits of the miner's spouse2 7ii7 in the ninth sentence1 by striking widow and inserting surviving spouse2 and 7iii7 by striking the last sentence2 and 7,b7 in subsection 7c71 by striking his claim and inserting the claim2 7#f7 in section #dad 7#cj ,u4,s4,c4 #ibd7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking widow1 within six months after the death of her husband and inserting surviving spouse1 within six months after the death of the miner2 and 7ii7 in paragraph 7#b77;,c71 by striking his and inserting the child's2 and 7,b7 in subsection 7e7-- 7i7 by striking widow and inserting surviving spouse2 and 7ii7 by striking his death and inserting the miner's death2 7#g7 in section #dae7;a7 7#cj ,u4,s4,c4 #ibe7;a77-- 7,a7 in paragraph 7#a71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 and 7,b7 in paragraph 7#b7-- 7i7 by striking he and inserting such ,secretary2 and 7ii7 by striking him and inserting such ,secretary2 7#h7 in section #dba 7#cj ,u4,s4,c4 #ica7-- 7,a7 in subsection 7a71 by striking widows and inserting spouses2 and 7,b7 in subsection 7b77#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking he and inserting such ,secretary2 and 7ii7 in subparagraph 7,f71 by striking promulgated by him and inserting promulgated by such ,secretary2 7#i7 in section #dbb 7#cj ,u4,s4,c4 #icb7-- 7,a7 in subsection 7a7-- 7i7 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 and 7ii7 by striking he and inserting such ,secretary2 7,b7 in subsection 7i77#d71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 and 7,c7 in subsection 7j71 by striking ,internal ,revenue ,code of #aied each place it appears and inserting ,internal ,revenue ,code of #aihf2 7#aj7 in section #dbc7;a7 7#cj ,u4,s4,c4 #icc7;a771 by striking he and inserting such operator2 7#aa7 in section #dbd7;b7 7#cj ,u4,s4,c4 #icd7;b77-- 7,a7 in the matter following subparagraph 7,b7 of paragraph 7#a71 by striking him and inserting such operator2 7,b7 in paragraph 7#c71 by striking ,internal ,revenue ,code of #aied each place it appears and inserting ,internal ,revenue ,code of #aihf2 and 7,c7 in paragraph 7#e71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 7#ab7 in section #dbh 7#cj ,u4,s4,c4 #ich7-- 7,a7 in subsection 7a71 by striking him and inserting such operator2 and 7,b7 in subsection 7b7-- 7i7 in the first sentence1 by striking he and inserting the miner2 7ii7 in the third sentence1 by striking he and inserting the ,secretary2 7iii7 in the ninth sentence-- 7,i7 by striking he each place it appears and inserting the ,secretary2 and 7,,ii7 by striking his and inserting the miner's2 and 7iv7 in the tenth sentence1 by striking he each place it appears and inserting the ,secretary2 and 7#ac7 in section #dcj 7#cj ,u4,s4,c4 #idj7-- 7,a7 by striking #aigg and and inserting #aigg12 and 7,b7 by striking #aiha and inserting #aiha1 and the ,black ,lung ,benefits ,improvement ,act of #bjad1 and any amendments made after the date of enactment of such ,act14 #aab4 ,readjudicating cases involving certain chest radiographs 7a7 ,definitions ,in this section3 7#a7 ,covered chest radiograph ,the term covered chest radiograph means a chest radiograph that was interpreted as negative for simple pneumoconiosis1 complicated pneumoconiosis1 or progressive massive fibrosis by a physician with respect to whom the ,secretary has directed1 in writing and after an evaluation by the ,secretary1 that such physician's negative interpretations of chest radiographs not be credited1 except where subsequently determined to be credible by the ,secretary in evaluating a claim for benefits under the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq474 7#b7 ,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 radiograph4 7#c7 ,covered survivor ,the term covered survivor means an individual who-- 7,a7 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 death2 and 7,b7 who continued to seek an award with respect to the covered individual's claim after the covered individual's death4 7b7 ,claims ,a covered individual or a covered survivor whose claim for benefits under the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 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 ,act4 7c7 ,adjudication on the merits 7#a7 ,in general ,any new claim filed under subsection 7b7 shall be adjudicated on the merits and shall not include consideration of a covered chest radiograph4 7#b7 ,covered survivor ,any new claim filed under subsection 7b7 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 death4 7d7 ,time of payment 7#a7 ,miner's claim ,if a claim1 filed under subsection 7b7 and adjudicated under subsection 7c7 as a miner's claim1 results in an award of benefits1 benefits shall be payable beginning with the month of the filing of the denied claim that had included in its record a covered chest radiograph4 7#b7 ,survivor's claim ,if a claim1 filed under subsection 7b7 and adjudicated under subsection 7c7 as a survivor's claim1 results in an award of benefits1 benefits shall be payable beginning with the month of the miner's death4 7e7 ,contributing impact ,the ,secretary shall have the discretion to deny a new claim under subsection 7b7 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 survivor4 7f7 ,limitation on filing of new claims ,a new claim for benefits may be filed under subsection 7b7 only if the original claim was finally denied by a district director1 an administrative law judge1 or the ,benefits ,review ,board established under section #ba7;b7 of the ,longshore and ,harbor ,workers' ,compensation ,act 7#cc ,u4,s4,c4 #iba7;b774 ,b ,reports ,to improve the administration of benefits under the ,black ,lung ,benefits ,act #aac4 ,strategy to reduce delays in adjudication 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,labor shall submit to the ,committee on ,health1 ,education1 ,labor1 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 ,labor4 7b7 ,contents of strategy ,the strategy under this section shall provide information relating to-- 7#a7 the current and targeted pendency for each category of cases before the ,office of ,administrative ,law ,judges of the ,department of ,labor2 7#b7 the number of administrative law judges1 attorney advisors supporting such judges1 support staff1 and other resources necessary to achieve and maintain the targeted pendency for each category of such cases2 7#c7 the necessary resources to improve efficiency and effectiveness1 such as equipment for video conferences1 training1 use of reemployed annuitants1 and administrative reforms2 7#d7 the impact of sequestration1 furloughs1 and the ,federal ,government shutdown1 which occurred from ,october #a to ,october #af1 #bjac1 on increasing administrative burdens and the backlog of cases pending before such office2 and 7#e7 with respect to claims filed under the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq471 the necessary resources needed to reduce the average pendency of cases to less than #ab months from the date of receipt of the case to the date of disposition of such case4 7c7 ,consultation ,in preparing such strategy1 the ,secretary of ,labor shall consult with organizations that have ongoing interactions with the ,office of ,administrative ,law ,judges of the ,department of ,labor1 including organizations that represent parties in cases under the ,black ,lung ,benefits ,act1 the ,longshore and ,harbor ,workers' ,compensation ,act 7#cc ,u4,s4,c4 #ija et seq471 and ,federal statutes regarding whistleblowers1 wages and hours for employees1 and immigration4 #aad4 ,,gao report on black lung program 7a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,health1 ,education1 ,labor1 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 pneumoconiosis4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 an assessment of possible barriers to health care under the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 and the degree to which any barriers impact the ability of miners with legitimate medical needs1 particularly such miners in rural areas1 to access treatment for pneumoconiosis2 7#b7 recommendations necessary to address issues1 if any1 relating to patient access to care under such ,act2 and 7#c7 an evaluation of whether the benefit payments authorized under such ,act1 as amended by this ,act1 are sufficient to meet the expenses of disabled miners1 surviving spouses1 dependents1 and other family members entitled to receive benefits under the ,black ,lung ,benefits ,act4 ,,ii ,standard for respirable dust concentration #bja4 ,standard for respirable dust concentration ,section #bjb of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hdb7 is amended by adding at the end the following3 7i7 ,reports 7#a7 ,retrospective study 7,a7 ,in general ,beginning on ,august #a1 #bjba1 the ,secretary shall conduct a retrospective study evaluating data collected using continuous personal dust monitors to determine whether to-- 7i7 lower the applicable standard for respirable dust concentration to protect the health of miners2 7ii7 increase the frequency for taking samples of respirable dust concentration1 using continuous personal dust monitors2 7iii7 modify the engineering controls and work practices used by mine operators to comply with the applicable standard for respirable dust concentration2 and 7iv7 convert samples taken for shifts that are greater than #h hours to an #h-;hour equivalent concentration to more accurately assess the conditions of miners working on longer shifts4 7,b7 ,completion deadline ,by ,august #a1 #bjbb1 the ,secretary shall complete the study required by subparagraph 7,a7 and report the findings of such study to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 7#b7 ,subsequent studies ,by ,august #a1 #bjbe1 and every #c years thereafter1 the ,secretary shall conduct a new study as described in paragraph 7#a77;,a7 and report1 by not later than one year after the commencement of the study1 the findings of such study to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 7#c7 ,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 miners1 or that the incidence of pneumoconiosis among coal miners in the ,united ,states1 as reported by the ,national ,institute for ,occupational ,safety and ,health1 has not been reduced from such incidence prior to the implementation of the most recent applicable standard for respirable dust concentration1 the ,secretary shall1 consistent with the requirements of this section and section #aja1 accordingly revise such standard and any applicable sampling or testing procedures not later than #bd months after the publication of such report of the ,secretary under this subsection4 4 ,,iii ,establishing the ,office of ,workers' ,compensation ,programs #cja4 ,office of ,workers' ,compensation ,programs 7a7 ,establishment ,there shall be established1 in the ,department of ,labor1 an ,office of ,workers' ,compensation ,programs 7referred to in this section as the ,office74 7b7 ,director 7#a7 ,in general ,the ,office shall be directed by a ,director for the ,office of ,workers' ,compensation 7referred to in this title as the ,director7 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,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 ,act4 7c7 ,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 ,act1 including all of its personnel1 assets1 authorities1 and liabilities4 7d7 ,references to ,bureau of ,employees' ,compensation ,reference in any other ,federal law1 ,executive order1 reorganization plan1 rule1 regulation1 or delegation of authority1 or any document of or relating to the ,bureau of ,employees' ,compensation with regard to functions carried out by the ,office of ,workers' ,compensation ,programs1 shall be deemed to refer to the ,office of ,workers' ,compensation ,programs4 ,,iv ,severability #dja4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or an amendment made by this ,act1 or the application of such provision to other persons or circumstances1 shall not be affected4