,,ii  #aagth ,,congress  #ast ,session  
,s4 #geg  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #af1         
#bjba,mr4 ,warner introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to amend the ,black ,lung      
,benefits ,act to ease the benefits     
process for survivors of miners whose   
deaths were due to pneumoconiosis4  #a4 
,short title ,this ,act may be cited as 
the ,relief for ,survivors of ,miners   
,act of #bjba4  #b4 ,amendments to the  
benefits process for survivors of miners
 whose deaths were due to pneumoconiosis
  7a7 ,rebuttable presumptions for a    
death due to pneumoconiosis  7#a7       
,rebuttable presumption for a deceased  
miner employed for not less than #aj    
years in a coal mine ,section           
#daa7;c77#b7 of the ,black ,lung        
,benefits ,act 7#cj ,u4,s4,c4           
#iba7;c77#b77 is amended by striking the
 second sentence4  7#b7 ,rebuttable     

presumption for a disability due to     
pneumoconiosis ,section #daa7;c7 of the 
,black ,lung ,benefits ,act 7#cj        
,u4,s4,c4 #iba7;c77 is amended by adding
 at the end the following3  7#f7 ,if a  
deceased miner was totally disabled due 
to pneumoconiosis during the life of    
such miner1 there shall be a rebuttable 
presumption that the death of such miner
 was a death due to pneumoconiosis4 ,the
 presumption under this paragraph may be
 rebutted only by establishing that no  
part of the death of such miner was     
caused by pneumoconiosis4  4  7#c7      
,effective ,date ,the amendments made by
 paragraphs 7#a7 and 7#b7 shall apply   
with respect to claims filed under part 
,b or part ,c of the ,black ,lung       
,benefits ,act 7#cj ,u4,s4,c4 #iba et   
seq41 #ica et seq47 after ,january #a1  
#bjaf1 that are pending on or after the 
date of enactment of this ,act4  7b7    
,attorneys' fees and medical expenses   
payment program ,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 ,attorneys'   
fees and medical expenses payment       
program  7a7 ,program established  7#a7 
,in general ,not later than #ahj days   
after the date of enactment of the      
,relief for ,survivors of ,miners ,act  
of #bjba1 the ,secretary shall establish
 a payment program to pay attorneys'    
fees and other reasonable and           
unreimbursed medical expenses incurred  
in establishing the claimant's case1    
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 ,attorneys'  
fees  7,a7 ,approval ,if a claimant for 
benefits under this title obtains a     
proposed decision and order from a      
district director with an award of      
benefits for a qualifying claim1 or an  
award for a qualifying claim before an  
administrative law judge-- 7i7 the      
district director may approve attorneys'
 fees for work done before such director
 in an amount not to exceed #a1ejj2 and 
7ii7 an administrative law judge may    
approve attorneys' fees for work done   
before such judge in an amount not to   
exceed #c1jjj4  7,b7 ,payment ,the      
,secretary shall1 through the program   
under this section1 pay any amounts     
approved under subparagraph 7,a74  7#b7 
,medical expenses  7,a7 ,approval ,if a 
claimant for benefits under this title  
obtains a proposed decision and order   
from a district director with an award  
of benefits for a qualifying claim1 or  
an award for a qualifying claim before  
an administrative law judge1 such       

district director and administrative law
 judge may each approve an award1 in an 
amount not to exceed #a1ejj1 to the     
claimant's attorney of reasonable and   
unreimbursed medical expenses incurred  
in establishing the claimant's case4    
7,b7 ,payment ,the ,secretary shall1    
through the program under this section1 
pay any amounts approved under          
subparagraph 7,a74  7#c7 ,maximum ,the  
,secretary1 through the program         
established under this section1 shall   
for any single qualifying claim pay--   
7,a7 not more than a total of #d1ejj in 
attorneys' fees2 and  7,b7 not more than
 #c1jjj in medical expenses4  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 or expenses 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 or    
medical expenses awarded by the district
 director or an administrative law judge
 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 or medical  
expenses made by the ,secretary under   
this section shall not be recouped from 
the claimant or the claimant's attorney4
  4  #c4 ,reports by the ,government    
,accountability ,office ,not later than 
#a year after the date of enactment of  

this ,act1 the ,comptroller ,general of 
the ,united ,states shall-- 7#a7 carry  
out a review of interim benefit payments
 under the ,black ,lung ,benefits ,act  
7#cj ,u4,s4,c4 #ija et seq47 for miners 
and survivors who have submitted a claim
 for benefits under such ,act and are   
waiting for a final determination1      
including-- 7,a7 an examination of the  
financial impact on beneficiaries of    
such payments in the case the claims of 
such beneficiaries are denied and the   
payments are recouped2  7,b7 a study of 
the impact that the stress caused by    
such recoupment1 or the threat of such  
recoupment1 has on beneficiaries of such
 payments2 and  7,c7 a study of the     
financial impact on the ,federal        
,government and taxpayers of the process
 for recouping such interim benefit     
payments in the case of claims that are 
denied2  7#b7 carry out a review of     
benefit payments for miners and         
survivors under the ,black ,lung        
,benefits ,act 7#cj ,u4,s4,c4 #ija et   

seq471 including-- 7,a7 an examination  
of whether such payments are sufficient 
to meet the expenses of such miners and 
survivors2  7,b7 an examination of the  
economic impact of a possible increase  
in the amount of benefit payments for   
such miners and survivors2 and  7,c7    
based on such examination1              
recommendations on the amount of benefit
 payments that such miners and survivors
 should receive from the ,black ,lung   
,disability ,trust ,fund2  7#c7 carry   
out a review that examines the impact of
 a possible change to regulations of the
 ,secretary of ,labor to permit a       
survivor of a miner to1 after a final   
determination of benefits under the     
,black ,lung ,benefits ,act 7#cj        
,u4,s4,c4 #ija et seq47 is made with    
respect to such survivor1 file a        
subsequent claim for benefits under such
 ,act2 and  7#d7 submit to ,congress    
reports on the results of the reviews   
under paragraphs 7#a71 7#b71 and 7#c74