S. 1416 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1416 IN THE SENATE OF THE UNITED STATES July 31, 2013 Mr. Rockefeller introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect miners from pneumoconiosis (commonly known as black lung disease), and for other purposes. 1. Short title This Act may be cited as the Black Lung Health Improvements Act of 2013. 2. Technology related to respirable dust Section 202(d) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 842(d)) is amended— (1) by striking of Health, Education, and Welfare; and (2) by striking the second sentence and inserting the following: Not later than 6 months after the date of enactment of the Black Lung Health Improvements Act of 2013, the Secretary shall issue a final regulation lowering permissible exposure levels to respirable dust and updating sampling and testing procedures, in order to provide the maximum feasible protection from respirable dust, including coal and silica dust, that is achievable through environmental and engineering controls. Not later than 5 years after the date of issuance of such final regulation, and once every 5 years thereafter, the Secretary shall reexamine the incidence of pneumoconiosis in miners and, unless there is a decline in pneumoconiosis, shall update the regulation.. 3. Black lung medical reports The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by inserting after section 402 the following: 403. Medical reports In any claim for benefits for a miner under this title, an operator that requires a miner to submit to a medical examination regarding the miner's respiratory or pulmonary condition shall, not later than 14 days after the miner has been examined, deliver to the claimant a complete copy of the examining physician's report. The examining physician's report shall be in writing and shall set out in detail the examiner's findings, including any diagnoses and conclusions and the results of any diagnostic imaging techniques and tests that were performed on the miner. . 4. GAO report on black lung disease (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on any barriers to health care faced by people with pneumoconiosis. (b) Contents The report required under subsection (a) shall include— (1) a review of the application process, including the appeals process, with respect to the Black Lung Disability Trust Fund established by section 9501 of the Internal Revenue Code of 1986; (2) an assessment of possible barriers to care through the Black Lung Disability Trust Fund, and the degree to which any barriers impact the ability of patients with legitimate medical needs, particularly those patients in rural areas, to access treatment for pneumoconiosis; (3) recommendations necessary to address issues, if any, relating to patient access to care through the Black Lung Disability Trust Fund; and (4) an evaluation of whether the current benefit payments authorized under the Black Lung Benefits Act (30 U.S.C. 901 et seq.) as of the date of the report, are sufficient to meet the expenses of disabled miners and survivors. 5. Review of black lung benefits program forms (a) Review of Federal Black lung benefits program forms Not later than 6 months after the date of enactment of this Act, the Secretary of Labor shall conduct a review of the forms related to obtaining workers' compensation benefits under the Black Lung Benefits Act (30 U.S.C. 901 et seq.) to determine any paperwork barriers that may exist to speedily receiving and processing pneumoconiosis benefits claims and the feasibility of reducing the forms required of applicants to such program. (b) Report to Congress Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall prepare and submit a report to Congress regarding— (1) any changes that the Department has implemented to reduce the forms and paperwork involved in receiving and processing pneumoconiosis claims under the Black Lung Benefits Act (30 U.S.C. 901 et seq.); and (2) any administrative barriers identified in the review conducted under subsection (a) that the Department of Labor has addressed. 6. Grant funds to study the prevention and treatment of black lung disease Section 14(d) of the Mine Improvement and New Emergency Response Act of 2006 (30 U.S.C. 965(d)) is amended— (1) by striking or to develop and inserting to develop; and (2) by inserting , or for research and outreach related to the prevention and treatment of pneumoconiosis before the period at the end. 7. Legal fee payment program The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by inserting after section 403, as added by section 3, the following: 404. Legal fees (a) Program established (1) In general Not later than 180 days after the date of enactment of the Black Lung Health Improvements Act of 2013, the Secretary shall establish an attorneys' fee payment program to pay attorneys' fees, using amounts from the fund, on behalf of claimants in qualifying claims. (2) Qualifying claim A qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final judgment has not been entered within 1 year of the filing of the claim. (3) Use of payments from the fund Notwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under the program under this section. (b) Payments authorized (1) In general If a claimant for benefits is a prevailing party on a qualifying claim before an administrative law judge, the Benefits Review Board, or a Federal court, and the judge, Board, or court approves attorneys’ fees for work done before it, the Secretary shall, through the program under this section, pay an amount of attorneys' fees not to exceed $1,500 at each stage of the administrative and legal process. (2) Maximum The program established under this section shall not pay more than a total of $4,500 in attorneys' fees for any single qualifying claim. (c) Reimbursement of funds In any case where a qualifying claim results in a final order for compensation, the employer subject to such claim shall reimburse the fund for any payments made under this section on behalf of the claimant, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers Compensation Act (33 U.S.C. 921(d)). (d) Additional rules Nothing in this section shall limit or otherwise affect an employer’s liability for any attorneys' fees awarded by an administrative law judge, the Benefits Review Board, or a Federal court, that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the ability to use amounts provided through the fund to pay approved attorneys' fees in claims for benefits under this title for which a final judgment has been ordered, in cases where the employer is unable to do so. (e) No recoupment of attorneys' fees Any payment for attorneys' fees made by the Secretary under the program under this section shall not be recouped from the claimant or the claimant’s attorney. . 8. Black lung Benefits Act technical and conforming amendments The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended— (1) in section 401(a) (30 U.S.C. 901(a)), by inserting or who were found to be totally disabled by such disease after such disease; (2) by striking subsection (a) of section 411 (20 U.S.C. 921) and inserting the following: (a) The Secretary shall, in accordance with the provisions of this part, and the regulations promulgated by the Secretary under this part, make payments of benefits in respect of— (1) total disability of any miner due to pneumoconiosis; (2) the death of any miner whose death was due to pneumoconiosis; (3) total disability of any miner at the time of his death with respect to claims filed under part C prior to January 1, 1982; (4) survivors’ benefits for any claim filed after January 1, 2005, that is pending on or after March 23, 2010, where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C; and (5) survivors’ benefits where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982. ; and (3) in section 412(a) (30 U.S.C. 922(a))— (A) by striking paragraph (2) and inserting the following: (2) In the case of a widow— (A) of a miner whose death is due to pneumoconiosis; (B) in a claim filed after January 1, 2005, and that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of the miner's death as a result of a lifetime claim filed under part C; (C) of a miner who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982; or (D) in a claim filed under part C of this subchapter before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of his death, benefits shall be paid to the miner's widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled. ; (B) in paragraph (3)— (i) by striking (3) In the case and all that follows through section 411(c) and inserting the following: (3)(A) In the case of the child or children of a miner described in subparagraph (B); and (ii) by adding at the end the following: (B) Subparagraph (A) shall apply in the case of any child or children— (i) of a miner whose death is due to pneumoconiosis; (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C; (iii) of a miner who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982; (iv) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of his death; (v) of a widow who is found entitled to receive benefits under this part at the time of her death; or (vi) entitled to the payment of benefits under paragraph (5) of section 411(c). ; and (C) in paragraph (5), by striking In the case and all that follows through not survived at the time of his death by a widow or a child, and inserting In the case of the dependent parent or parents of a miner who is not survived at the time of the miner's death by a widow or a child and (i) whose death is due to pneumoconiosis, (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C, (iii) who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982, or (iv) in a claim filed under part C before January 1, 1982, who was totally disabled by pneumoconiosis at the time of death,.