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(A) If x-ray, CT scan, biopsy, autopsy, 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 lung, diagnosed as complicated pneumoconiosis or progressive massive fibrosis (as determined in accordance with subparagraph (B)), then there shall be an irrebuttable presumption that such miner is totally disabled due to pneumoconiosis, that the miner’s death was due to pneumoconiosis, or that at the time of death the miner was totally disabled by pneumoconiosis, as the case may be.(B) For purposes of subparagraph (A), complicated pneumoconiosis or progressive massive fibrosis can be established by any of the following:(i) A chest radiograph, which yields one or more large opacities whose greatest diameter exceeds 1 centimeter and would be classified in Category A, B, or C in the International Classification of Radiographs of Pneumoconioses by the International Labour Organization, in the absence of more probative evidence sufficient to establish that the etiology of the large opacity is not pneumoconiosis.(ii) A chest CT scan, which yields one or more large opacities whose greatest diameter exceeds 1 centimeter, in the absence of more probative evidence sufficient to establish that the etiology of the large opacity is not pneumoconiosis.(iii) A lung biopsy or autopsy, which would yield a lesion at least 1 centimeter in its long axis diameter if measured at the time of gross dissection.(iv) A diagnosis by other means that would reasonably be expected to yield results described in clause (i), (ii), or (iii).(3)
435. Development of medical evidence by the Secretary
(a) Complete pulmonary evaluation
Upon request by a claimant for benefits under this title, the Secretary shall provide the claimant an opportunity to substantiate the claim through a complete pulmonary evaluation of the miner that shall include—(1) an initial report, conducted by a qualified physician on the list provided under subsection (e), and in accordance with subsection (e)(5) and sections 402(f)(1)(D) and 413(b); and(2) if the conditions under subsection (c) are met, any supplemental medical evidence described in subsection (d).(b) Authorizing chest scans
In diagnosing whether there is complicated pneumoconiosis as a part of the complete pulmonary evaluation conducted under subsection (a), the Secretary shall authorize a high-quality, low-dose or standard computerized tomography scan where any or a combination of the following is found:(1) Any certified B reader of a chest radiograph associated with an exam conducted under section 413(b) finds pneumoconiosis (ILO category 2/1 or greater).(2) Any certified B reader of a chest radiograph associated with an exam conducted under section 413(b) finds a coalescence of small opacities.(c) Conditions for supplemental medical evidence
The Secretary shall develop supplemental medical evidence, in accordance with subsection (d)—(1) for any claim in which the Secretary recommends an award of benefits based on the results of the initial report under subsection (a)(1) and a party opposing such award submits evidence that could be considered contrary to the findings of the Secretary; and(2) for any compensation case under this title heard by an administrative law judge, in which—(A) the Secretary has awarded benefits to the claimant;(B) the party opposing such award has submitted evidence not previously reviewed that could be considered contrary to the award under subparagraph (A); and(C) the claimant or, if the claimant is represented by an attorney, the claimant’s attorney consents to the Secretary developing supplemental medical evidence.(d) Process for supplemental medical evidence
(1) In general
Except as provided under paragraph (2), to develop supplemental medical evidence under conditions described in subsection (c), the Secretary shall request the physician who conducted the initial report under subsection (a)(1) to—(A) review any medical evidence submitted after such report or the most recent supplemental report, as appropriate; and(B) update the opinion regarding the claim for benefits in a supplemental report.(2) Alternative physician
If such physician is no longer available or is unwilling to provide supplemental medical evidence under paragraph (1), the Secretary shall select another qualified physician from the list provided pursuant to subsection (e) to provide such evidence.(e) Qualified physicians for complete pulmonary evaluation and protections for suitability and potential conflicts of interest
(1) 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 (a).(2) Public availability
The Secretary shall make the list under this subsection available to the public.(3) Annual evaluation
Each year, the Secretary shall update such list by reviewing the suitability of the listed qualified physicians and assessing any potential conflicts of interest.(4) Criteria for suitability
The Secretary shall include on the list under this subsection only those physicians whom the Secretary determines are qualified, capable, and willing to provide credible opinions consistent with the premises underlying this Act. In determining whether a physician is suitable to be on such list, the Secretary shall consult the National Practitioner Data Bank of the Department of Health and Human Services and assess reports of adverse licensure, certifications, hospital privilege, and professional society actions involving the physician. In no case shall such list include any physician—(A) who is not licensed to practice medicine in any State or any territory, commonwealth, or possession of the United States;(B) whose license is revoked by a medical licensing board of any State, territory, commonwealth, or possession of the United States; or(C) whose license is suspended by a medical licensing board of any State, territory, commonwealth, or possession of the United States.(5) 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 subsection, including both individual and organizational conflicts of interest, are disclosed to the Department, and to provide such disclosure to claimants. Such policies and procedures shall provide that a physician shall not be used to perform a complete pulmonary medical evaluation under subsection (a) that is reimbursed pursuant to subsection (g), if—(A) such physician is employed by, under contract to, or otherwise providing services to a private party opposing the claim, a law firm or lawyer representing such opposing party, or an interested insurer or other interested third party; or(B) such physician has been retained by a private party opposing the claim, a law firm or lawyer representing such opposing party, or an interested insurer or other interested third party in the previous 24 months.(f) Record
Upon receipt of any initial report or supplemental report under this section, the Secretary shall enter the report in the record and provide a copy of such report to all parties to the proceeding.(g) Expenses
All expenses related to obtaining the medical evidence under this section shall be paid for by the fund. If a claimant receives a final award of benefits, the operator liable for payment of benefits, if any, shall reimburse the fund for such expenses, which shall include interest.
431. False statements or misrepresentations, attorney disqualification, and discovery sanctions
(a) In general
No person, including any claimant, physician, operator, duly authorized agent of such operator, or employee of an insurance carrier, shall—(1) knowingly and willfully make a false statement or misrepresentation for the purpose of obtaining, increasing, reducing, denying, or terminating benefits under this title; or(2) knowingly and willfully threaten, coerce, intimidate, deceive, or mislead a party, representative, witness, potential witness, judge, or anyone participating in a proceeding regarding any matter related to a proceeding under this title.(b) Fine; imprisonment
Any person who engages in the conduct described in subsection (a) shall, upon conviction, be subject to a fine in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both.(c) Prompt investigation
The United States Attorney for the district in which the conduct described in subsection (a) is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint of a violation of such subsection.(d) Disqualification
(1) In general
An attorney or expert witness who engages in the conduct described in subsection (a) shall, in addition to the fine or imprisonment provided under subsection (b), be permanently disqualified from representing any party, or appearing in any proceeding, under this title.(2) Attorney disqualification
In addition to the disqualification described in paragraph (1), the Secretary may disqualify an attorney from representing any party in any administrative proceeding under this title for either a limited term or permanently, if the attorney—(A) engages in any action or behavior that is prejudicial to the fair and orderly conduct of such proceeding; or(B) is suspended or disbarred by any court of the United States, any State, or any territory, commonwealth, or possession of the United States with jurisdiction over the proceeding.(e) Discovery sanctions
An administrative law judge may sanction a party who fails to comply with an order to compel discovery or disclosure, or to supplement earlier responses, in a proceeding under this title. These sanctions may include, as appropriate—(1) drawing an adverse inference against the noncomplying party on the facts relevant to the discovery or disclosure order;(2) limiting the noncomplying party’s claims, defenses, or right to introduce evidence; and(3) rendering a default decision against the noncomplying party.(f) Regulations
The Secretary shall promulgate a proposed rule not later than 180 days after the date of enactment of this Act and a final rule not later than 18 months after such date of enactment, that—(1) provides procedures for the disqualifications and sanctions under this section and is appropriate for all parties; and(2) distinguishes between parties that are represented by an attorney and parties that are not represented by an attorney.
436. Readjudicating cases involving discredited expert opinions
(a) Definitions
In this section:(1) Covered chest radiograph
The term covered chest radiograph means a chest radiograph that was interpreted as negative for simple pneumoconiosis, complicated pneumoconiosis, or progressive massive fibrosis by a physician with respect to whom the Secretary has directed, in writing and after an evaluation by the Secretary, that such physician’s negative interpretations of chest radiographs not be credited, except where subsequently determined to be credible by the Secretary in evaluating a claim for benefits under this title.(2) Covered individual
The term covered individual means an individual whose record for a claim for benefits under this title includes a covered chest radiograph.(3) Covered survivor
The term covered survivor means an individual who—(A) is a survivor of a covered individual whose claim under this Act was still pending at the time of the covered individual’s death; and(B) continued to seek an award with respect to the covered individual’s claim after the covered individual’s death.(b) 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 title.(c) Adjudication on the merits
(1) In general
Any new claim filed under subsection (b) shall be adjudicated on the merits and shall not include consideration of a covered chest radiograph.(2) Covered survivor
Any new claim filed under subsection (b) 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 death.(d) Time of payment
(1) Miner’s claim
If a claim, filed under subsection (b) and adjudicated under subsection (c) as a miner’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the filing of the denied claim that had included in its record a covered chest radiograph.(2) Survivor’s claim
If a claim, filed under subsection (b) and adjudicated under subsection (c) as a survivor’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the miner’s death.(e) Contributing impact
The Secretary shall have the discretion to deny a new claim under subsection (b) 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 survivor.(f) Limitation on filing of new claims
A new claim for benefits may be filed under subsection (b) only if the original claim was finally denied by a district director, an administrative law judge, or the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)).
403. Attorneys’ fees and medical expenses payment program
(a) Program established
(1) In general
Not later than 180 days after the date of enactment of the Black Lung Benefits Improvement Act of 2025, the Secretary shall establish a payment program to pay attorneys’ fees and other reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case, using amounts from the fund, to the attorneys 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 order has not been entered within 2 years 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 this section.(b) Payments authorized
(1) 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 claim, or an award for a qualifying claim before an administrative law judge, the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500 and an administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. The Secretary shall, through the program under this section, pay such amounts approved.(2) 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 claim, or an award for a qualifying claim before an administrative law judge, 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 $1,500. The Secretary shall, through the program under this section, pay such amounts approved.(3) Maximum
The Secretary, through the program established under this section, shall for any single qualifying claim pay—(A) not more than a total of $4,500 in attorneys’ fees; and(B) not more than $3,000 in medical expenses.(c) Reimbursement of funds
In any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, 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 program rules
Nothing in this section shall limit or otherwise affect an operator’s liability for any attorneys’ fees, medical expenses, 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 section. 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 pay.(e) 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 attorney.
(1) In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability—(A) for any calendar year preceding January 1, 2026, at a rate equal to 37½ percent of the monthly pay rate for Federal employees in grade GS–2, step 1;(B) for the calendar year beginning on January 1, 2026, at a rate of $9,627.60 per year, payable in 12 equal monthly payments; and(C) for each calendar year thereafter, 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 (not less than 1) of—(i) the Consumer Price Index for Urban Wage Earners and Clerical Workers, as published by the Bureau of Labor Statistics, for the calendar year immediately preceding such calendar year; to(ii) such Consumer Price Index for the second calendar year preceding such calendar year.
(23) Disclosure of return information to Department of Labor to carry out Black Lung Benefits Act
(A) In general
The Commissioner of Social Security shall, on written request with respect to any individual, disclose to officers or employees of the Department of Labor return information from returns with respect to net earnings from self-employment (as defined in section 1402) and wages (as defined in section 3121(a) or 3401(a)) for employment for each employer of such individual.(B) Restriction on disclosure
The Commissioner of Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, carrying out the proper administration of the Black Lung Benefits Act (30 U.S.C. 901 et seq.).
for—(A) 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 section; or(B) in the event of bankruptcy or other permanent abandonment of the obligation to secure the payment of benefits, the difference between the actuarial present value of the benefits to be paid by the fund under section 424(b)(1), projected as of the date of failure to secure such payment, and any security recovered or surrendered, with interest.
(j) The term other responsible party means—(1) an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or other enterprise that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of an operator or employer; or(2) any trade or business (whether or not incorporated) that is under common control with an operator or employer.
(2) a spouse who is a member of the same household as the miner, or is receiving regular contributions from the miner for support, or whose spouse is a miner who has been ordered by a court to contribute to support, or who meets the requirements of paragraph (1) or (2) of section 216(b) of the Social Security Act or paragraph (1) or (2) of section 216(f) of such Act. 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 celebrated. The term spouse also includes a “divorced wife” or “divorced husband”, as such terms are defined in paragraph (1) or (4) of section 216(d) of such Act, who is receiving at least one-half of his or her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or is receiving substantial contributions from the miner (pursuant to a written agreement), or there is in effect a court order for substantial contributions to the spouse’s support from such miner.
(e) The term surviving spouse includes the spouse living with or dependent for support on the miner at the time of the miner’s death, or living apart for reasonable cause or because of the miner’s desertion, or who meets the requirements of subparagraph (A), (B), (C), (D), or (E) of section 216(c)(1) of the Social Security Act, subparagraph (A), (B), (C), (D), or (E) of section 216(g)(1) of such Act, or section 216(k) of such Act, who is not married. 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 celebrated. Such term also includes a “surviving divorced wife” or “surviving divorced husband”, as such terms are defined in paragraph (2) or (5) of section 216(d) of such Act who for the month preceding the month in which the miner died, was receiving at least one-half of his or her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or was receiving substantial contributions from the miner (pursuant to a written agreement) 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 death.
(a) The Secretary shall, in accordance with the provisions of this title, and the regulations promulgated by the Secretary under this title, 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 the miner’s death with respect to a claim filed under part C prior to January 1, 1982;(4) survivors’ benefits for any survivor’s claim filed after January 1, 2005, that is pending on or after March 23, 2010, where the miner is found entitled to receive benefits on a claim filed under part C; and(5) survivors’ benefits where the miner is found entitled to receive benefits on a claim filed under part C before January 1, 1982.
(2) In the case of a surviving spouse—(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 on a claim filed under part C;(C) of a miner who is found entitled to receive benefits on a claim filed under part C before January 1, 1982; or(D) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of the miner’s death,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 disabled.
(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 on a claim filed under part C;(iii) of a miner who is found entitled to receive benefits on a 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 the miner’s death;(v) of a surviving spouse who is found entitled to receive benefits under this part at the time of the surviving spouse’s death; or(vi) entitled to the payment of benefits under paragraph (5) of section 411(c).