“To amend the Black Lung Benefits Act to ease the benefits process for survivors of miners whose deaths were due to pneumoconiosis.”
No CRS summary available for this bill.
This section amends the Black Lung Benefits Act to strengthen survivor benefits for coal miners' deaths due to pneumoconiosis, as follows: (1) In §411(c)(2), reinstates the rebuttable presumption that a deceased miner employed 10 or more years in coal mines who died from a respiratory disease (changed from "respirable") died due to pneumoconiosis—previously inapplicable to part C claims filed on or after the 1981 amendments—and limits rebuttal to proof that no part of the death was caused by pneumoconiosis. (2) Adds §411(c)(6) establishing a rebuttable presumption, similarly limited, that a deceased miner's death was due to pneumoconiosis if the miner was totally disabled by it during life but did not qualify for the irrebuttable presumption under §411(c)(3). (3) In §§401(a) and 411(a), restores eligibility for death benefits to survivors of miners totally disabled by pneumoconiosis at death, including for part C claims filed on or after the 1981 amendments (previously excluded). (4) Establishes a new §403 program, funded by the Black Lung Disability Trust Fund, to pay approved attorneys' fees (up to $1,500 by district directors and $3,000 by administrative law judges, totaling $4,500 per qualifying claim) and unreimbursed medical expenses (up to $1,500 each by district directors and judges, totaling $3,000) for contested claims without a final order within one year of filing; liable operators must reimburse the fund upon a final award. The amendments in (1)-(3) apply to part C claims filed on or after five years before enactment that are pending on or after enactment; the program in (4) must be established within 180 days of enactment. (Thus, these changes ease causation proof for survivors and provide upfront claim support, with retroactive effect for recent part C claims against coal operators.)
This section directs the Comptroller General of the United States to conduct three reviews related to the Black Lung Benefits Act—which provides monthly benefits to coal miners totally disabled by pneumoconiosis (black lung disease) and eligible survivors—and to submit reports on the results to Congress not later than one year after enactment of this Act. The reviews cover (1) interim benefit payments to claimants awaiting final determinations, including the financial impact of recoupment if claims are denied, the stress caused by such recoupment or its threat on beneficiaries, and the financial impact on the federal government and taxpayers; (2) the sufficiency of benefit payments to cover miners' and survivors' expenses, the economic impact of increasing such payments, and recommendations on appropriate payment amounts; and (3) the impact of a possible regulatory change allowing a miner’s survivor to file a subsequent claim after a final benefits determination.