H.R. 6756 — Black Lung Benefits Improvement Act of 2025

This section expands the authorized uses of contracts and grants by the Secretary of Health and Human Services under the Black Lung Benefits Act for fixed-site and mobile clinical facilities to include assistance on behalf of miners, spouses, dependents, and other family members with claims arising under that Act (in addition to the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive coal miners). (The Black Lung Benefits Act provides workers' compensation benefits to coal miners disabled by pneumoconiosis and certain eligible survivors.)

This section revises the irrebuttable presumption of total disability due to pneumoconiosis, death due to pneumoconiosis, or total disability at time of death for miners diagnosed with complicated pneumoconiosis or progressive massive fibrosis under the Black Lung Benefits Act. The revision expands qualifying diagnostic evidence beyond chest roentgenograms showing one or more large opacities greater than 1 centimeter in diameter classified in International Labour Organization categories A, B, or C to also include chest CT scans showing large opacities greater than 1 centimeter, lung biopsies or autopsies showing lesions at least 1 centimeter in long axis diameter at gross dissection, or other medically acceptable tests or procedures reasonably expected to yield equivalent findings, in the absence of more probative evidence establishing a non-pneumoconiosis etiology.

This section establishes requirements under the Black Lung Benefits Act for the Secretary of Labor, upon a claimant's request, to provide a complete pulmonary evaluation of the miner, including (1) an initial report by a qualified physician selected from a Secretary-maintained public list and (2) supplemental medical evidence if specified conditions are met (i.e., the Secretary recommends an award and an opposing party submits contrary evidence, or in an administrative law judge compensation case where benefits were awarded, new contrary evidence is submitted, and the claimant consents). It directs the Secretary to authorize high-quality, low-dose or standard computerized tomography scans when diagnosing complicated pneumoconiosis if a certified B reader finds pneumoconiosis (ILO category 2/1 or greater) or coalescence of small opacities on a chest radiograph. The section further requires the Secretary to (1) maintain and annually update a public list of qualified physicians based on suitability criteria (e.g., licensure, no revocations or suspensions, consultation of National Practitioner Data Bank), (2) implement conflict-of-interest policies prohibiting use of physicians employed by, contracted to, or retained in the prior 24 months by claim opponents, (3) enter all reports into the administrative record and provide copies to parties, and (4) pay all related expenses from the Black Lung Disability Trust Fund. (As background, the Black Lung Benefits Act provides monthly benefits and medical treatment to coal miners totally disabled by pneumoconiosis; claims are often contested by coal operators or insurers, and this provision aims to ensure credible, claimant-selected medical evidence in DOL proceedings.)

This section revises the criminal penalty provision for false statements or misrepresentations in black lung benefits claims (30 U.S.C. 941) to expand the prohibited conduct to include knowingly and willfully making false statements for purposes of obtaining, increasing, reducing, denying, or terminating benefits, or threatening, coercing, intimidating, deceiving, or misleading participants in related proceedings; the provision applies to claimants, physicians, mine operators, their agents, and insurance carrier employees. It increases the criminal penalty upon conviction to a fine in accordance with 18 U.S.C. (previously not more than $1,000), imprisonment for not more than 5 years (previously not more than 1 year), or both (previously a misdemeanor); requires the U.S. Attorney to promptly investigate complaints; permanently disqualifies violating attorneys or expert witnesses from representing parties or appearing in proceedings under the Black Lung Benefits Act (BLBA), with the Secretary authorized to additionally disqualify attorneys for prejudicial conduct or suspension/disbarment; authorizes administrative law judges to impose discovery sanctions such as adverse inferences, limits on claims or evidence, or default decisions; and directs the Secretary to issue implementing regulations within 180 days (proposed) and 18 months (final) after enactment. (The BLBA provides workers' compensation benefits to coal miners disabled by pneumoconiosis.)

This section establishes procedures under the Black Lung Benefits Act for readjudicating certain previously denied claims by covered individuals (i.e., miners whose claim records include a covered chest radiograph) or covered survivors (i.e., survivors who continued pursuing a deceased covered individual's pending claim). A covered chest radiograph is one interpreted as negative for pneumoconiosis by a physician whose negative readings the Secretary of Labor has discredited in writing. New claims must be adjudicated on the merits without considering covered chest radiographs and only if the original claim was finally denied by a district director, administrative law judge, or the Benefits Review Board; the Secretary may deny a new claim if the opposing party shows by clear and convincing evidence that a covered chest radiograph did not contribute to the prior denial. If benefits are awarded, payments on a miner's claim begin the month the prior denied claim was filed, and on a survivor's claim, the month of the miner's death. (Thus, claimants affected by now-discredited negative x-ray evidence may obtain awards without that evidence's weight, potentially qualifying more coal miners disabled by pneumoconiosis and their survivors for monthly benefits, medical treatment, and survivor payments.)

This section establishes a program, not later than 180 days after enactment, to pay from the Black Lung Disability Trust Fund attorneys’ fees up to $4,500 total per qualifying claim and unreimbursed medical expenses up to $3,000 total per qualifying claim under the Black Lung Benefits Act, which compensates coal miners disabled by pneumoconiosis. (1) A qualifying claim is a contested claim without a final order within two years of filing; (2) for such claims with an award from a district director, up to $1,500 each may be approved for attorneys’ fees and medical expenses, and from an administrative law judge (ALJ), up to $3,000 for attorneys’ fees and $1,500 for medical expenses; (3) liable operators must reimburse the fund upon a final award of compensation, enforced as under the Longshore and Harbor Workers’ Compensation Act; and (4) the program does not limit operator liability for other fees or expenses, allows continued fund payments if operators cannot or will not pay after final award, and prohibits recoupment from claimants or attorneys.

This section revises the base monthly benefit rate for coal miners totally disabled by pneumoconiosis under the Black Lung Benefits Act—which also determines rates for eligible widows under subsection (a)(2) and children under subsection (a)(3)—to retain the current rate of 37½% of the GS-2, step 1 monthly federal pay rate through calendar year 2025, set it at $10,769 annually (payable in 12 equal monthly payments) for 2026, and index it annually thereafter by the CPI for Urban Wage Earners and Clerical Workers (with no decrease from the prior year). (Thus, benefits for approximately 20,000 disabled miners and survivors receive restored inflation protection after previously tracking federal GS-2 pay rates.)

This section authorizes the Commissioner of Social Security to disclose, upon written request to the Department of Labor (DOL), an individual's return information on net earnings from self-employment and wages to administer claims under the Black Lung Benefits Act (30 U.S.C. 901 et seq.), which provides workers' compensation benefits to coal miners disabled by black lung disease. Notwithstanding the Privacy Act (5 U.S.C. 552a), the section further requires the Commissioner to provide DOL, upon written request, with Social Security earnings information for living or deceased Black Lung Act claimants, in electronic form.

This section directs the Secretary of Labor, not later than 90 days after enactment, to submit to the Senate Committees on Health, Education, Labor, and Pensions and Appropriations and the House Committees on Education and Workforce and Appropriations a comprehensive strategy to reduce the backlog of cases pending, as of enactment, before the Department of Labor's Office of Administrative Law Judges (OALJ), which adjudicates claims under various labor laws (e.g., Black Lung Benefits Act). The strategy must address (1) current and targeted pendency for each category of OALJ cases; (2) required numbers of administrative law judges, attorney advisors, support staff, and other resources to achieve and maintain targets; (3) resources to improve efficiency, such as video conference equipment, training, reemployed annuitants, and administrative reforms; and (4) for Black Lung Benefits Act (30 U.S.C. 901 et seq.) claims—which provide benefits to coal miners disabled by pneumoconiosis—resources needed to reduce average pendency to less than 12 months from receipt to disposition.

This section directs the Secretary of Labor to publish, not later than 60 days after enactment, an interim final rule—and, not later than 12 months after enactment, a final rule—establishing requirements for coal mine operators to qualify as self-insurers for liabilities under the Black Lung Benefits Act (BLBA), which provides workers' compensation benefits to coal miners disabled by pneumoconiosis and their survivors. The rules must (1) set financial criteria (including creditworthiness, long-term viability, and other liabilities) for self-insurer eligibility; (2) require annual (or more frequent) determinations of minimum security for current and projected liabilities; and (3) establish procedures for Secretary review of operator appeals. This section also amends BLBA civil penalties for failing to secure benefit payments by (1) increasing the maximum daily penalty to $25,000 (from $1,000); (2) expanding covered corporate officers to include the chief executive officer and chief operating officer; (3) adding "other responsible party" (e.g., entities controlling the operator or under common control, as defined in new BLBA §402(j)); and (4) broadening penalty coverage to include benefits accruing during noncompliance or, upon operator bankruptcy, the shortfall between the Black Lung Disability Trust Fund's projected payments and recovered security (with interest).