,,ii #aacth ,,congress #ast ,session ,s4 #adaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjac ,mr4 ,rockefeller introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to 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 ,health ,improvements ,act of #bjac4 #b4 ,technology related to respirable dust ,section #bjb7;d7 of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hdb7;d77 is amended-- 7#a7 by striking of ,health1 ,education1 and ,welfare2 and 7#b7 by striking the second sentence and inserting the following3 ,not later than #f months after the date of enactment of the ,black ,lung ,health ,improvements ,act of #bjac1 the ,secretary shall issue a final regulation lowering permissible exposure levels to respirable dust and updating sampling and testing procedures1 in order to provide the maximum feasible protection from respirable dust1 including coal and silica dust1 that is achievable through environmental and engineering controls4 ,not later than #e years after the date of issuance of such final regulation1 and once every #e years thereafter1 the ,secretary shall reexamine the incidence of pneumoconiosis in miners and1 unless there is a decline in pneumoconiosis1 shall update the regulation44 #c4 ,black lung medical reports ,the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 is amended by inserting after section #djb the following3 #djc4 ,medical reports ,in any claim for benefits for a miner 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 #ad 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 be in writing and shall set out in detail the examiner's findings1 including any diagnoses and conclusions and the results of any diagnostic imaging techniques and tests that were performed on the miner4 4 #d4 ,,gao report on black lung disease 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on any barriers to health care faced by people with pneumoconiosis4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 a review of the application process1 including the appeals process1 with respect to the ,black ,lung ,disability ,trust ,fund established by section #ieja of the ,internal ,revenue ,code of #aihf2 7#b7 an assessment of possible barriers to care through the ,black ,lung ,disability ,trust ,fund1 and the degree to which any barriers impact the ability of patients with legitimate medical needs1 particularly those patients in rural areas1 to access treatment for pneumoconiosis2 7#c7 recommendations necessary to address issues1 if any1 relating to patient access to care through the ,black ,lung ,disability ,trust ,fund2 and 7#d7 an evaluation of whether the current benefit payments authorized under the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 as of the date of the report1 are sufficient to meet the expenses of disabled miners and survivors4 #e4 ,review of black lung benefits program forms 7a7 ,review of ,federal ,black lung benefits program forms ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,labor shall conduct a review of the forms related to obtaining workers' compensation benefits under the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 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 program4 7b7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,labor shall prepare and submit a report to ,congress regarding-- 7#a7 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 7#cj ,u4,s4,c4 #ija et seq472 and 7#b7 any administrative barriers identified in the review conducted under subsection 7a7 that the ,department of ,labor has addressed4 #f4 ,grant funds to study the prevention and treatment of black lung disease ,section #ad7;d7 of the ,mine ,improvement and ,new ,emergency ,response ,act of #bjjf 7#cj ,u4,s4,c4 #ife7;d77 is amended-- 7#a7 by striking or to develop and inserting to develop2 and 7#b7 by inserting 1 or for research and outreach related to the prevention and treatment of pneumoconiosis before the period at the end4 #g4 ,legal fee payment program ,the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq47 is amended by inserting after section #djc1 as added by section #c1 the following3 #djd4 ,legal fees 7a7 ,program established 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,black ,lung ,health ,improvements ,act of #bjac1 the ,secretary shall establish an attorneys' fee payment program to pay attorneys' fees1 using amounts from the fund1 on behalf 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 judgment has not been entered within #a 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 the program under this section4 7b7 ,payments authorized 7#a7 ,in general ,if a claimant for benefits is a prevailing party on a qualifying claim before an administrative law judge1 the ,benefits ,review ,board1 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 where a qualifying claim results in a final order for compensation1 the employer subject to such claim shall reimburse the fund for any payments made under this section on behalf of the claimant1 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 rules ,nothing in this section shall limit or otherwise affect an employer'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 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 ordered1 in cases where the employer is unable to do so4 7e7 ,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 attorney4 4 #h4 ,black lung ,benefits ,act 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 by striking subsection 7a7 of section #daa 7#bj ,u4,s4,c4 #iba7 and inserting the following3 7a7 ,the ,secretary shall1 in accordance with the provisions of this part1 and the regulations promulgated by the ,secretary under this part1 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 his death with respect to claims 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 his death as a result of a lifetime claim filed under part ,c2 and 7#e7 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 #a1 #aihb4 2 and 7#c7 in section #dab7;a7 7#cj ,u4,s4,c4 #ibb7;a77-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,in the case of a widow-- 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 a lifetime claim filed under part ,c2 7,c7 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 #a1 #aihb2 or 7,d7 in a claim filed under part ,c of this subchapter before ,january #a1 #aihb1 of a miner who was totally disabled by pneumoconiosis at the time of his death1 benefits shall be paid to the miner's widow 7if any7 at the rate the deceased miner would receive such benefits if he were totally disabled4 2 7,b7 in paragraph 7#c7-- 7i7 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 and 7ii7 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 his death as a result of a lifetime claim filed under part ,c2 7iii7 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 #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 his death2 7v7 of a widow who is found entitled to receive benefits under this part at the time of her death2 or 7vi7 entitled to the payment of benefits under paragraph 7#e7 of section #daa7;c74 2 and 7,c7 in paragraph 7#e71 by striking ,in the case and all that follows through not survived at the time of his death by a widow or a child1 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 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 death as a result of a lifetime claim filed under part ,c1 7iii7 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 #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 death14