Relief for Survivors of Miners Act of 2021

II 117TH CONGRESS 1ST SESSION S. 757 To amend the Black Lung Benefits Act to ease the benefits process for survivors of miners whose deaths were due to pneumoconiosis. IN THE SENATE OF THE UNITED STATES MARCH 16, 2021 Mr. WARNER introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, 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 pneumoconiosis. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Relief for Survivors 4 of Miners Act of 2021’’. 5 SEC. 2. AMENDMENTS TO THE BENEFITS PROCESS FOR 6 SURVIVORS OF MINERS WHOSE DEATHS 7 WERE DUE TO PNEUMOCONIOSIS. 8 (a) REBUTTABLE PRESUMPTIONS FOR A DEATH DUE 9 TO PNEUMOCONIOSIS.— 10 VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 757 IS (1) REBUTTABLE PRESUMPTION FOR A DE- 1 CEASED MINER EMPLOYED FOR NOT LESS THAN 10 2 YEARS IN A COAL MINE.—Section 411(c)(2) of the 3 Black Lung Benefits Act (30 U.S.C. 921(c)(2)) is 4 amended by striking the second sentence. 5 (2) REBUTTABLE PRESUMPTION FOR A DIS- 6 ABILITY DUE TO PNEUMOCONIOSIS.—Section 411(c) 7 of the Black Lung Benefits Act (30 U.S.C. 921(c)) 8 is amended by adding at the end the following: 9 ‘‘(6) If a deceased miner was totally disabled 10 due to pneumoconiosis during the life of such miner, 11 there shall be a rebuttable presumption that the 12 death of such miner was a death due to pneumo- 13 coniosis. The presumption under this paragraph may 14 be rebutted only by establishing that no part of the 15 death of such miner was caused by pneumo- 16 coniosis.’’. 17 (3) EFFECTIVE DATE.—The amendments made 18 by paragraphs (1) and (2) shall apply with respect 19 to claims filed under part B or part C of the Black 20 Lung Benefits Act (30 U.S.C. 921 et seq., 931 et 21 seq.) after January 1, 2016, that are pending on or 22 after the date of enactment of this Act. 23 (b) ATTORNEYS’ FEES AND MEDICAL EXPENSES 24 PAYMENT PROGRAM.—Part A of the Black Lung Benefits 25 VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 757 IS Act (30 U.S.C. 901 et seq.) is amended by adding at the 1 end the following: 2 ‘‘SEC. 403. ATTORNEYS’ FEES AND MEDICAL EXPENSES PAY- 3 MENT PROGRAM. 4 ‘‘(a) PROGRAM ESTABLISHED.— 5 ‘‘(1) IN GENERAL.—Not later than 180 days 6 after the date of enactment of the Relief for Sur- 7 vivors of Miners Act of 2021, the Secretary shall es- 8 tablish a payment program to pay attorneys’ fees 9 and other reasonable and unreimbursed medical ex- 10 penses incurred in establishing the claimant’s case, 11 using amounts from the fund, to the attorneys of 12 claimants in qualifying claims. 13 ‘‘(2) QUALIFYING CLAIM.—A qualifying claim 14 for purposes of this section is a contested claim for 15 benefits under this title for which a final order has 16 not been entered within one year of the filing of the 17 claim. 18 ‘‘(3) USE OF PAYMENTS FROM THE FUND.— 19 Notwithstanding any other provision of law, 20 amounts in the fund shall be available for payments 21 authorized by the Secretary under this section. 22 ‘‘(b) PAYMENTS AUTHORIZED.— 23 ‘‘(1) ATTORNEYS’ FEES.— 24 VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 757 IS ‘‘(A) APPROVAL.—If a claimant for bene- 1 fits under this title obtains a proposed decision 2 and order from a district director with an 3 award of benefits for a qualifying claim, or an 4 award for a qualifying claim before an adminis- 5 trative law judge— 6 ‘‘(i) the district director may approve 7 attorneys’ fees for work done before such 8 director in an amount not to exceed 9 $1,500; and 10 ‘‘(ii) an administrative law judge may 11 approve attorneys’ fees for work done be- 12 fore such judge in an amount not to exceed 13 $3,000. 14 ‘‘(B) PAYMENT.—The Secretary shall, 15 through the program under this section, pay 16 any amounts approved under subparagraph (A). 17 ‘‘(2) MEDICAL EXPENSES.— 18 ‘‘(A) APPROVAL.—If a claimant for bene- 19 fits under this title obtains a proposed decision 20 and order from a district director with an 21 award of benefits for a qualifying claim, or an 22 award for a qualifying claim before an adminis- 23 trative law judge, such district director and ad- 24 ministrative law judge may each approve an 25 VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 757 IS award, in an amount not to exceed $1,500, to 1 the claimant’s attorney of reasonable and unre- 2 imbursed medical expenses incurred in estab- 3 lishing the claimant’s case. 4 ‘‘(B) PAYMENT.—The Secretary shall, 5 through the program under this section, pay 6 any amounts approved under subparagraph (A). 7 ‘‘(3) MAXIMUM.—The Secretary, through the 8 program established under this section, shall for any 9 single qualifying claim pay— 10 ‘‘(A) not more than a total of $4,500 in at- 11 torneys’ fees; and 12 ‘‘(B) not more than $3,000 in medical ex- 13 penses. 14 ‘‘(c) REIMBURSEMENT OF FUNDS.—In any case in 15 which a qualifying claim results in a final order awarding 16 compensation, the liable operator shall reimburse the fund 17 for any fees or expenses paid under this section, subject 18 to enforcement by the Secretary under section 424 and 19 in the same manner as compensation orders are enforced 20 under section 21(d) of the Longshore and Harbor Work- 21 ers’ Compensation Act (33 U.S.C. 921(d)). 22 ‘‘(d) ADDITIONAL PROGRAM RULES.—Nothing in 23 this section shall limit or otherwise affect an operator’s 24 liability for any attorneys’ fees or medical expenses award- 25 VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 757 IS ed by the district director or an administrative law judge 1 that were not paid by the program under this section. 2 Nothing in this section shall limit or otherwise affect the 3 Secretary’s authority to use amounts in the fund to pay 4 approved attorneys’ fees in claims for benefits under this 5 title for which a final order awarding compensation has 6 been entered and the operator is unable to pay. 7 ‘‘(e) NO RECOUPMENT OF ATTORNEYS’ FEES.—Any 8 payment for attorneys’ fees or medical expenses made by 9 the Secretary under this section shall not be recouped 10 from the claimant or the claimant’s attorney.’’. 11 SEC. 3. REPORTS BY THE GOVERNMENT ACCOUNTABILITY 12 OFFICE. 13 Not later than 1 year after the date of enactment 14 of this Act, the Comptroller General of the United States 15 shall— 16 (1) carry out a review of interim benefit pay- 17 ments under the Black Lung Benefits Act (30 18 U.S.C. 901 et seq.) for miners and survivors who 19 have submitted a claim for benefits under such Act 20 and are waiting for a final determination, includ- 21 ing— 22 (A) an examination of the financial impact 23 on beneficiaries of such payments in the case 24 VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 757 IS the claims of such beneficiaries are denied and 1 the payments are recouped; 2 (B) a study of the impact that the stress 3 caused by such recoupment, or the threat of 4 such recoupment, has on beneficiaries of such 5 payments; and 6 (C) a study of the financial impact on the 7 Federal Government and taxpayers of the proc- 8 ess for recouping such interim benefit payments 9 in the case of claims that are denied; 10 (2) carry out a review of benefit payments for 11 miners and survivors under the Black Lung Benefits 12 Act (30 U.S.C. 901 et seq.), including— 13 (A) an examination of whether such pay- 14 ments are sufficient to meet the expenses of 15 such miners and survivors; 16 (B) an examination of the economic impact 17 of a possible increase in the amount of benefit 18 payments for such miners and survivors; and 19 (C) based on such examination, rec- 20 ommendations on the amount of benefit pay- 21 ments that such miners and survivors should 22 receive from the Black Lung Disability Trust 23 Fund; 24 VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 757 IS (3) carry out a review that examines the impact 1 of a possible change to regulations of the Secretary 2 of Labor to permit a survivor of a miner to, after 3 a final determination of benefits under the Black 4 Lung Benefits Act (30 U.S.C. 901 et seq.) is made 5 with respect to such survivor, file a subsequent claim 6 for benefits under such Act; and 7 (4) submit to Congress reports on the results of 8 the reviews under paragraphs (1), (2), and (3). 9 Æ VerDate Sep 11 2014 18:14 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S757.IS S757 pamtmann on DSKBC07HB2PROD with BILLS