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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6757 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6757
To amend the Black Lung Benefits Act to ease the benefits process for
survivors of miners whose deaths were due to pneumoconiosis.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2025
Mr. McGarvey (for himself, Ms. Budzinski, Mr. Deluzio, Ms. Dexter, Ms.
Lee of Pennsylvania, Ms. McClellan, and Ms. Omar) introduced the
following bill; which was referred to the Committee on Education and
Workforce
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief for Survivors of Miners Act
of 2025''.
SEC. 2. AMENDMENTS TO THE BENEFITS PROCESS FOR SURVIVORS OF MINERS
WHOSE DEATHS WERE DUE TO PNEUMOCONIOSIS.
(a) Rebuttable Presumptions for a Death Due to Pneumoconiosis.--
(1) Rebuttable presumption for a deceased miner employed
for not less than 10 years in a coal mine.--Section 411(c)(2)
of the Black Lung Benefits Act (30 U.S.C. 921(c)(2)) is amended
by striking the second sentence and inserting ``The presumption
under this paragraph may be rebutted only by establishing that
no part of the death of such miner was caused by
pneumoconiosis.''.
(2) Rebuttable presumption for a disability due to
pneumoconiosis.--Section 411(c) of the Black Lung Benefits Act
(30 U.S.C. 921(c)) is amended by adding at the end the
following:
``(6) If a deceased miner was totally disabled due to
pneumoconiosis during the life of such miner and does not meet
the requirements for an irrebuttable presumption under
paragraph (3), there shall be a rebuttable presumption that the
miner's death was due to pneumoconiosis. The presumption under
this paragraph may be rebutted only by establishing that no
part of the death of such miner was caused by
pneumoconiosis.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply with respect to claims that are--
(A) filed under part C of the Black Lung Benefits
Act (30 U.S.C. 931 et seq.) on or after the date that
is 5 years before the date of enactment of this Act;
and
(B) pending on or after the date of enactment of
this Act.
(b) Conforming Amendment Regarding the Term Respirable.--Section
411(c)(2) of the Black Lung Benefits Act (30 U.S.C. 921(c)(2)), as
amended by section 2(a)(1), is further amended by striking
``respirable'' and inserting ``respiratory''.
(c) Restoring Certain Pre-1981 Provisions Regarding Total
Disability Due to Pneumoconiosis.--
(1) In general.--The Black Lung Benefits Act is amended--
(A) in section 401(a) (30 U.S.C. 901(a))--
(i) by striking ``this disease;'' and
inserting ``this disease or who were totally
disabled by this disease at the time of their
deaths;''; and
(ii) by inserting ``or who were totally
disabled by this disease at the time of their
deaths'' after ``such disease''; and
(B) in section 411(a) (30 U.S.C. 921(a)), by
striking ``, except'' and all that follows through ``of
1981,''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to claims that are--
(A) filed under part C of the Black Lung Benefits
Act (30 U.S.C. 931 et seq.) on or after the date that
is 5 years before the date of enactment of this Act;
and
(B) pending on or after the date of enactment of
this Act.
(d) Attorneys' Fees and Medical Expenses Payment Program.--Part A
of the Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 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 Relief for Survivors of Miners 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 one year 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.--
``(A) Approval.--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--
``(i) the district director may approve
attorneys' fees for work done before such
director in an amount not to exceed $1,500; and
``(ii) the administrative law judge may
approve attorneys' fees for work done before
such judge in an amount not to exceed $3,000.
``(B) Payment.--The Secretary shall, through the
program under this section, pay any amounts approved
under subparagraph (A).
``(2) Medical expenses.--
``(A) Approval.--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, in an amount not to exceed $1,500, to the
claimant's attorney of reasonable and unreimbursed
medical expenses incurred in establishing the
claimant's case.
``(B) Payment.--The Secretary shall, through the
program under this section, pay any amounts approved
under subparagraph (A).
``(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 or medical 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 in claims for benefits under this title for which a
final order awarding compensation has been entered and the operator is
unable to pay.
``(e) No Recoupment of Attorneys' Fees.--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.''.
SEC. 3. REPORTS BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) carry out a review of interim benefit payments under
the Black Lung Benefits Act (30 U.S.C. 901 et seq.) for miners
and survivors who have submitted a claim for benefits under
such Act and are waiting for a final determination, including--
(A) an examination of the financial impact on
beneficiaries of such payments in the case the claims
of such beneficiaries are denied and the payments are
recouped;
(B) a study of the impact that the stress caused by
such recoupment, or the threat of such recoupment, has
on beneficiaries of such payments; and
(C) a study of the financial impact on the Federal
Government and taxpayers of the process for recouping
such interim benefit payments in the case of claims
that are denied;
(2) carry out a review of benefit payments for miners and
survivors under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.), including--
(A) an examination of whether such payments are
sufficient to meet the expenses of such miners and
survivors;
(B) an examination of the economic impact of a
possible increase in the amount of benefit payments for
such miners and survivors; and
(C) based on such examination, recommendations on
the amount of benefit payments that such miners and
survivors should receive;
(3) carry out a review that examines the impact of a
possible change to regulations of the Secretary of Labor to
permit a survivor of a miner to, after a final determination of
benefits under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.) is made with respect to such survivor, file a subsequent
claim for benefits under such Act; and
(4) submit to Congress reports on the results of the
reviews under paragraphs (1), (2), and (3).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Workforce.
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