Black Lung Benefits Improvement Act of 2014
Latest action · Nov 20, 2014 Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 20, 2014
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Black Lung Benefits Improvement Act of 2014 - Amends the Black Lung Benefits Act to revise requirements with regard to miners' claims for pneumoconiosis (black lung) benefits.
Requires a mine operator to deliver within 21 days a complete copy of the examining physician's report to any miner required to submit to a medical examination regarding his or her respiratory or pulmonary condition.
Directs the Secretary of Labor to establish an attorneys' fee payment program to pay attorneys' fees of up to $4,500 to the attorneys of prevailing parties on a qualifying black lung benefit claim.
Establishes an irrebuttable presumption that a miner is totally disabled due to black lung disease, that the miner's death was due to black lung, or that at the time of death the miner was totally disabled by black lung disease if a chest radiograph, biopsy, autopsy, or other medically accepted test or procedure has diagnosed such miner with complicated black lung or progressive massive fibrosis.
Allows a party to rebut this presumption only in cases where:
- the miner was employed for 15 years or more in one or more coal mines (including surface mines),
- there is a negative chest radiograph,
- other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, but
- no part of the miner's respiratory or pulmonary impairment was caused by black lung disease.
Revises requirements for the payment of benefits to miners (including their dependents) totally disabled by black lung disease.
Authorizes black lung clinics to use a portion of their federal funding to assist miners, surviving spouses, dependents, and other family members in the filing of black lung benefit claims.
Prohibits any claimant, physician, operator, duly authorized agent of such operator, or employee of an insurance carrier, subject to certain civil and criminal penalties, from:
- knowingly and willfully making a false statement or misrepresentation in obtaining or denying benefits, or
- threatening or knowingly misleading anyone participating in a proceeding regarding such benefits.
Requires the Secretary, upon request, to give a claimant the opportunity to substantiate a claim for benefits through a complete pulmonary evaluation of the miner that includes an initial qualified physician's report and, if certain conditions are met, any supplemental medical evidence developed after the report.
Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish in NIOSH a pilot program to establish B Reader Panels to assure accurate International Labor Organization classifications for chest radiographs in black lung disease cases where there is a factual dispute regarding a diagnosis of complicated black lung or progressive massive fibrosis.
Directs the Secretary, in coordination with NIOSH, to establish a program to educate district directors, claims examiners, administrative law judges and supporting attorney advisors, and Benefits Review Board members about medical evidence relevant to black lung benefit claims.
Revises black lung eligibility requirements to replace the terms "wife" and "widow" with "spouse" and "surviving spouse."
Allows a covered miner or survivor to file a claim for black lung benefits within one year after enactment of this Act if the claim was been denied before enactment of this Act. Requires adjudication of the claim on its merits and excludes consideration of any negative chest radiograph for simple black lung disease, complicated black lung disease, or progressive massive fibrosis.
Directs the Secretary to report to Congress a strategy to reduce the backlog of black lung cases pending before the Office of Administrative Law Judges of the Department of Labor.
Directs the Government Accountability Office to report to Congress on any barriers to health care faced by coal miners with black lung disease.
Amends the Federal Mine Safety and Health Act of 1977 to direct the Secretary to conduct a retrospective study evaluating data collected using continuous dust monitors to determine whether to lower the applicable standard for respirable dust concentration for miners, among other possible actions.
Establishes in the Department of Labor an Office of Workers' Compensation Programs (OWCP) (codifying the existing establishment of OWCP in the Department of Labor.)
Cosponsors 5
Members who signed on, in the order they did. Signatures ran from Nov 20, 2014 to Dec 1, 2014; 4 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | George Miller | Original | Nov 20, 2014 |
| D-CT | Joe Courtney | Original | Nov 20, 2014 |
| D-WV | Nick J. Rahall II | Original | Nov 20, 2014 |
| D-VA | Robert C. "Bobby" Scott | Original | Nov 20, 2014 |
| D-NJ | Rush Holt | Dec 1, 2014 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Nov 20, 2014 |
| House | Ways and Means Committee | Referred Nov 20, 2014 |
Actions 3
Everything that happened, newest first.
- Nov 20, 2014Introduced in House
- Nov 20, 2014Sponsor introductory remarks on measure. (CR E1660)
- Nov 20, 2014Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E1660–E1662 | George Miller D-CA, Matt Cartwright D-PA | Nov 20, 2014 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the page H8170.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2959 | Black Lung Benefits Improvement Act of 2014 | Related bill | Nov 20, 2014 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To ensure that claims for benefits under the Black Lung Benefits Act are processed in a fair and timely manner, to better protect miners from pneumoconiosis (commonly known as "black lung disease"), and for other purposes.
- Short Titles as Introduced
- Black Lung Benefits Improvement Act of 2014
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
- Administrative law and regulatory procedures
- Administrative remedies
- Cardiovascular and respiratory health
- Centers for Disease Control and Prevention (CDC)
- Coal
- Congressional oversight
- Department of Labor
- Disability assistance
- Evidence and witnesses
- Executive agency funding and structure
- Fraud offenses and financial crimes
- Government information and archives
- Government studies and investigations
- Health information and medical records
- Health personnel
- Labor and Employment
- Legal fees and court costs
- Medical ethics
- Medical tests and diagnostic methods
- Mining
- User charges and fees
- Worker safety and health
Text 1
Each version as it was printed, newest first.
- Nov 20, 2014Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.