,,ii #aahth ,,congress #ast ,session ,s4 #ccjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjbc,mr4 ,casey 7for himself1 ,mr4 ,fetterman1 ,mr4 ,kaine1 ,mr4 ,warner1 ,mr4 ,manchin1 and ,mr4 ,brown7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,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 #bjbc4 #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,p,a,r,t ,a--,improving the process for filing and adjudicating claims for benefits,sec4 #aja4 ,providing assistance with claims for miners and their dependent family members4,sec4 #ajb4 ,clarifying eligibility for black lung benefits4,sec4 #ajc4 ,development of medical evidence by the ,secretary4,sec4 #ajd4 ,false statements or misrepresentations1 attorney disqualification1 and discovery sanctions4,sec4 #aje4 ,readjudicating cases involving certain chest radiographs4,sec4 #ajf4 ,attorneys' fees and medical expenses payment program4,sec4 #ajg4 ,restoring adequate benefit adjustments for miners suffering from black lung disease and for their dependent family members4,sec4 #ajh4 ,disclosure of employment and earnings information for black lung benefits claims4,,part ,b--,reports ,to improve the administration of benefits under the ,black ,lung ,benefits ,act,sec4 #aba4 ,strategy to reduce delays in adjudication4,,part ,c--,improvement in the ,financial ,security of the ,black ,lung ,benefits ,disability ,trust ,fund,sec4 #aca4 ,policies for securing the payment of benefits4,,title ,,ii--,establishing the ,office of ,workers' ,compensation ,programs,sec4 #bja4 ,office of ,workers' ,compensation ,programs4,,title ,,iii--,additional ,provisions,sec4 #cja4 ,technical and conforming amendments4,sec4 #cjb4 ,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 ,yet1 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 framework4 ,comprehensive reforms are necessary to ensure that coal miners and their survivors can get access to the workers compensation benefits they are entitled to receive and 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 ,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 #db percent of claimants are represented by an attorney during the initial claims determination4 ,absent efforts to remedy administrative problems and address structural weaknesses in the process for obtaining benefits1 claimants with meritorious claims will not receive benefits4 ,reforms are necessary to help miners and their survivors access legal representation4 7#c7 ,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 multiple fiscal years between #bjaj and 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 ,reforms are needed to ensure that benefits are not eroded due to inflation and are brought up to date to keep up with the cost of living4 7#d7 ,congress intended for coal companies to have primary responsibility for benefits due to black lung disease acquired by their workers4 ,however1 because many companies have self-insured their obligations without proper collateral available and subsequently defaulted on those obligations1 too many former workers have had to rely on the public ,black ,lung ,disability ,trust ,fund as a backstop4 ,reforms are needed to ensure that companies are prepared to meet their primary responsibilities and that their plans for self-insurance are fiscally sound4 7#e7 ,black lung disease has been the underlying or contributing cause of death of more than #gh1jjj miners since #aifh4 ,after decades of decline1 the incidence of coal miners with black lung disease is on the rise1 recently reaching levels not seen in #be years4 ,according to the ,national ,institute for ,occupational ,safety and ,health1 miners are developing advanced cases of the disease at younger ages4 ,in response1 the ,department of ,labor took important steps to combat the disease1 including promulgating a rule in #bjad that reduced the allowed concentration of coal dust and addressed weaknesses in the dust sampling system4 ,retrospective studies should be continued to determine whether revisions to the standards are necessary to eliminate the disease4 ,the ,mine ,safety and ,health ,administration of the ,department of ,labor has made clear its intent to issue rules around respirable crystalline silica4 ,in the interim1 the ,mine ,safety and ,health ,administration launched an enforcement initiative to protect miners from the health hazards of respirable crystalline silica4 ,under this initiative1 the ,mine ,safety and ,health ,administration will conduct inspections on silica hazards and expand silica sampling at mines4 ,the ,mine ,safety and ,health ,administration will also provide mine operators with compliance assistance and best practices to limit miners' exposure to harmful silica dust4 ,i ,black lung benefits ,a ,improving the process for filing and adjudicating claims for benefits #aja4 ,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 #ajb4 ,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 paragraph 7#c7 and inserting the following3 7#c7 7,a7 ,if x-ray1 ,,ct scan1 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 7as determined in accordance with subparagraph 7,b771 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 7,b7 ,for purposes of subparagraph 7,a71 complicated pneumoconiosis or progressive massive fibrosis can be established by any of the following3 7i7 ,a chest radiograph1 which yields one or more large opacities whose greatest diameter exceeds #a centimeter and would be classified in ,category ,a1 ,b1 or ,c in the ,international ,classification of ,radiographs of ,pneumoconioses by the ,international ,labour ,organization1 in the absence of more probative evidence sufficient to establish that the etiology of the large opacity is not pneumoconiosis4 7ii7 ,a chest ,,ct scan1 which yields one or more large opacities whose greatest diameter exceeds #a centimeter1 in the absence of more probative evidence sufficient to establish that the etiology of the large opacity is not pneumoconiosis4 7iii7 ,a lung biopsy or autopsy1 which would yield a lesion at least #a centimeter in its long axis diameter if measured at the time of gross dissection4 7iv7 ,a diagnosis by other means that would reasonably be expected to yield results described in clause 7i71 7ii71 or 7iii74 4 #ajc4 ,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 7e71 and in accordance with subsection 7e77#e7 and sections #djb7;f77#a77;,d7 and #dac7;b72 and 7#b7 if the conditions under subsection 7c7 are met1 any supplemental medical evidence described in subsection 7d74 7b7 ,authorizing chest scans ,in diagnosing whether there is complicated pneumoconiosis as a part of the complete pulmonary evaluation conducted under subsection 7a71 the ,secretary shall authorize a high-quality1 low-dose or standard computerized tomography scan where any or a combination of the following is found3 7#a7 ,any certified ,b reader of a chest radiograph associated with an exam conducted under section #dac7;b7 finds pneumoconiosis 7,,ilo category #b_/a or greater74 7#b7 ,any certified ,b reader of a chest radiograph associated with an exam conducted under section #dac7;b7 finds a coalescence of small opacities4 7c7 ,conditions for supplemental medical evidence ,the ,secretary shall develop supplemental medical evidence1 in accordance with subsection 7d7-- 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 7d7 ,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 7c71 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 from the list provided pursuant to subsection 7e7 to provide such evidence4 7e7 ,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 ,the ,secretary shall include on the list under this subsection only those physicians whom the ,secretary determines are qualified1 capable1 and willing to provide credible opinions consistent with the premises underlying this ,act4 ,in determining whether a physician is suitable to be on such list1 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 that a physician shall not be used to perform a complete pulmonary medical evaluation under subsection 7a7 that is reimbursed pursuant to subsection 7g71 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 7f7 ,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 7g7 ,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 #ajd4 ,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 knowingly and willfully threaten1 coerce1 intimidate1 deceive1 or 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 any administrative 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 a proposed rule not later than #ahj days after the date of enactment of this ,act and a final rule not later than #ah months after such date of enactment1 that-- 7#a7 provides procedures for the disqualifications and sanctions under this section and is appropriate for all parties2 and 7#b7 distinguishes between parties that are represented by an attorney and parties that are not represented by an attorney4 4 #aje4 ,readjudicating cases involving certain chest radiographs ,part ,c of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ica et seq471 as amended by section #ajc1 is further amended by adding at the end the following3 #dcf4 ,readjudicating cases involving discredited expert opinions 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 this title4 7#b7 ,covered individual ,the term covered individual means an individual whose record for a claim for benefits under this title 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 this ,act was still pending at the time of the covered individual's death2 and 7,b7 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 this title was denied may file a new claim for benefits under this title4 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 4 #ajf4 ,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 ,black ,lung ,benefits ,improvement ,act of #bjbc1 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 #b years 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 ,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 the district director may approve attorneys' fees for work done before such director in an amount not to exceed #a1ejj and an administrative law judge may approve attorneys' fees for work done before such judge in an amount not to exceed #c1jjj4 ,the ,secretary shall1 through the program under this section1 pay such amounts approved4 7#b7 ,medical expenses ,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 award to the claimant's attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant's case in an amount not to exceed #a1ejj4 ,the ,secretary shall1 through the program under this section1 pay such amounts approved4 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' fees1 medical expenses1 or other allowable and unreimbursed 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 and other allowable and unreimbursed expenses in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable or refuses to pay4 7e7 ,no recoupment ,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 #ajg4 ,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 #bjbd1 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 #bjbd1 at a rate of #i1fbg4fj per year1 payable in #ab equal monthly payments2 and 7,c7 for each calendar year thereafter1 at a rate equal to the product of the rate in effect under this paragraph for the calendar year immediately preceding such calendar year multiplied by the ratio 7not less than #a7 of-- 7i7 the ,consumer ,price ,index for ,urban ,wage ,earners and ,clerical ,workers1 as published by the ,bureau of ,labor ,statistics1 for the calendar year immediately preceding such calendar year2 to 7ii7 such ,consumer ,price ,index for the second calendar year preceding such calendar year4 4 #ajh4 ,disclosure of employment and earnings information for black lung benefits claims 7a7 ,tax return information 7#a7 ,in general ,section #fajc7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of return information to ,department of ,labor to carry out ,black ,lung ,benefits ,act 7,a7 ,in general ,the ,commissioner of ,social ,security shall1 on written request with respect to any individual1 disclose to officers or employees of the ,department of ,labor return information from returns with respect to net earnings from self-employment 7as defined in section #adjb7 and wages 7as defined in section #caba7;a7 or #cdja7;a77 for employment for each employer of such individual4 7,b7 ,restriction on disclosure ,the ,commissioner of ,social ,security shall disclose return information under subparagraph 7,a7 only for purposes of1 and to the extent necessary in1 carrying out the proper administration of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq474 4 7#b7 ,conforming amendments ,section #fajc7p77#d7 of such ,code is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking or 7#bb7 and inserting 7#bb71 or 7#bc72 and 7,b7 in subparagraph 7,f77ii71 by striking or 7#bb71 and inserting 7#bb71 or 7#bc74 7b7 ,social security earnings information ,notwithstanding section #eeb;a of title #e1 ,united ,states ,code1 or any other provision of ,federal or ,state law1 the ,commissioner of ,social ,security shall make available to the officers and employees of the ,department of ,labor1 upon written request1 the ,social ,security earnings information of living or deceased individuals who are the subject of a claim under the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ija et seq471 which the ,secretary of ,labor may require to carry out such ,act4 ,such information shall be made available in electronic form4 ,b ,reports to improve the administration of benefits under the ,black ,lung ,benefits ,act #aba4 ,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 and 7#d7 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 ,c ,improvement in the ,financial ,security of the ,black ,lung ,benefits ,disability ,trust ,fund #aca4 ,policies for securing the payment of benefits 7a7 ,in general 7#a7 ,interim ,rule ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall publish an interim final rule setting forth the requirements for an operator of a coal mine to qualify as a self-insurer with respect to any portion of the operator's liabilities under the ,black ,lung ,benefits ,act1 as described in section #dbc7;a77#a7 of such ,act 7#cj ,u4,s4,c4 #icc7;a77#a774 7#b7 ,final rule ,not later than #ab months after the date of enactment of this ,act1 the ,secretary shall promulgate a final rule setting forth the requirements for an operator of a coal mine to qualify as a self-insurer with respect to any portion of the operator's liabilities under the ,black ,lung ,benefits ,act1 as described in section #dbc7;a77#a7 of such ,act 7#cj ,u4,s4,c4 #icc7;a77#a774 7#c7 ,contents ,any rule under this subsection shall-- 7,a7 establish criteria1 relating to the financial health of the operator 7including creditworthiness1 long-term enterprise viability1 and other liabilities71 on which the eligibility of the operator to seek and maintain qualification as a self-insurer shall be determined2 7,b7 establish procedures to determine on an annual basis 7or more frequently1 as determined necessary by the ,secretary7 the minimum amount of security sufficient to insure current 7as of the date of the determination7 and projected liabilities2 and 7,c7 establish procedures for review by the ,secretary of operator appeals of determinations described in subparagraphs 7,a7 and 7,b74 7b7 ,penalties 7#a7 ,in general ,section #dbc7;d77#a7 of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #icc7;d77#a77 is amended-- 7,a7 by striking #a1jjj and inserting #be1jjj2 7,b7 by inserting chief executive officer1 chief operating officer1 after the word president1 each place it appears2 7,c7 by striking and treasurer each place it appears and inserting treasurer1 and other responsible party2 and 7,d7 by striking for any benefit and all that follows through this section4 and inserting for-- 7,a7 any benefit which may accrue under this title in respect to any disability which may occur to any employee of such corporation while it shall so fail to secure the payment of benefits as required by this section2 or 7,b7 in the event of bankruptcy or other permanent abandonment of the obligation to secure the payment of benefits1 the difference between the actuarial present value of the benefits to be paid by the fund under section #dbd7;b77#a71 projected as of the date of failure to secure such payment1 and any security recovered or surrendered1 with interest4 4 7#b7 ,other responsible party defined ,section #djb of the ,black ,lung ,benefits ,act 7#cj ,u4,s4,c4 #ijb7 is amended by adding at the end the following3 7j7 ,the term other responsible party means-- 7#a7 an individual1 partnership1 joint venture1 corporation1 mutual company1 joint-stock company1 trust1 estate1 unincorporated organization1 association1 or other enterprise that possesses1 directly or indirectly1 the power to direct or cause the direction of the management and policies of an operator or employer2 or 7#b7 any trade or business 7whether or not incorporated7 that is under common control with an operator or employer4 4 ,,ii ,establishing the ,office of ,workers' ,compensation ,programs #bja4 ,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 ,programs 7referred to in this section 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 ,programs 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 ,,iii ,additional ,provisions #cja4 ,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#cj ,u4,s4,c4 #ijb7-- 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 7f77#b7-- 7i7 in subparagraph 7,a71 by inserting 1 as in effect on the day before the date of enactment of the ,black ,lung ,consolidation of ,administrative ,responsibility ,act 7,public ,law #ajg-bge7 after section #dce7;a72 and 7ii7 in subparagraph 7,b71 by inserting 1 as in effect on the day before the date of enactment of the ,black ,lung ,consolidation of ,administrative ,responsibility ,act 7,public ,law #ajg-bge7 after section #dce7;b72 7,d7 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,e7 in subsection 7h71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 and 7,f7 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 survivor's claim filed after ,january #a1 #bjje1 that is pending on or after ,march #bc1 #bjaj1 where the miner is found entitled to receive benefits on a claim filed under part ,c2 and 7#e7 survivors' benefits where the miner is found entitled to receive benefits on a 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 on a claim filed under part ,c2 7,c7 of a miner who is found entitled to receive benefits on a 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 the miner 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 surviving spouse2 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 on a claim filed under part ,c2 7iii7 of a miner who is found entitled to receive benefits on a 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 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 on a claim filed under part ,c1 7iii7 who is found entitled to receive benefits on a 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 such 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 such 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 brother7s7 or sister7s71 at the rate specified in paragraph 7#c7 7as if such parent7s71 or such brother7s7 or sister7s71 were the children of such miner742 and 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 the ,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 the ,secretary2 and 7ii7 by striking him and inserting the ,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 the ,secretary2 and 7ii7 in subparagraph 7,f71 by striking promulgated by him and inserting promulgated by the ,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 the ,secretary2 7,b7 in subsection 7c71 by inserting 1 as in effect on the day before the date of enactment of the ,black ,lung ,consolidation of ,administrative ,responsibility ,act 7,public ,law #ajg-bge7 after section #dce2 7,c7 in subsection 7i77#d71 by striking ,internal ,revenue ,code of #aied and inserting ,internal ,revenue ,code of #aihf2 and 7,d7 in subsection 7j7-- 7i7 by striking ,internal ,revenue ,code of #aied each place it appears and inserting ,internal ,revenue ,code of #aihf2 and 7ii7 in paragraph 7#c71 by inserting 1 as in effect on the day before the date of enactment of the ,black ,lung ,consolidation of ,administrative ,responsibility ,act 7,public ,law #ajg-bge7 after section #dce2 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 #bjbc1 and any amendments made after the date of enactment of such ,act14 #cjb4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision of this ,act or an amendment made by this ,act to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions or amendment to any other person or circumstance1 shall not be affected by the holding4