Legislation2 days ago
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To authorize implementation grants to community-based nonprofits to operate one-stop reentry centers.
HR8548Rep. Kamlager-Dove, Sydney [D-CA-37] (D-CA)
introduced
HR6756119th CongressWALLET
Black Lung Benefits Improvement Act of 2025
Sponsored By: Representative Rep. McGarvey, Morgan [D-KY-3]
Introduced
Summary
This bill would strengthen benefits and speed decisions for coal miners with black lung by expanding medical help and tightening evidence rules. It would also raise benefit levels and force mine operators to backstop costs and reimburse program payments.
Show full summary
- Miners and families: Would let the Department of Labor provide medical exams, treatment, and claims help for miners, spouses, and dependents. Sets a 2026 annual total-disability benefit rate of $10,769 and ties future increases to CPI.
- Medical evidence and fraud controls: Creates an irrebuttable presumption for complicated pneumoconiosis when tests show large opacities over 1 centimeter or equivalent biopsy findings. Requires full pulmonary evaluations at filing, a public list of qualified physicians with conflict rules, and new penalties for false statements including fines and up to 5 years in prison.
- Operators and adjudication: Creates a federally funded Attorneys' Fees and Medical Expenses Payment Program paid from the Black Lung Benefits Fund that operators must reimburse when a final award is entered. Raises civil penalties to $25,000, sets self-insurance standards, and directs a plan to cut average claim pendency to under 12 months.
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 6 benefits, 1 costs, 1 mixed.
Automatic benefits for large lung lesions
If enacted, certain large lung findings would automatically show the miner is totally disabled by pneumoconiosis. A chest x-ray or CT showing a large opacity over 1 centimeter, or a biopsy/autopsy lesion at least 1 centimeter, would create an irrebuttable presumption of total disability or death from the disease. This presumption applies unless more probative evidence proves the large opacity is not pneumoconiosis.
Government payment for lawyer and medical bills
If enacted, the government would create a program, within 180 days, to pay attorneys' fees and unreimbursed medical expenses for certain delayed contested Black Lung claims. District directors could approve up to $1,500 in fees and $1,500 in medical costs; administrative law judges could approve up to $3,000 in fees. The program could pay up to $4,500 total in attorneys' fees and up to $3,000 total in medical expenses per qualifying claim. If a claim later results in a final award, the liable operator must reimburse the Fund with interest. The program's payments could not be taken back from the claimant or their attorney.
Higher Black Lung benefit rate
If enacted, the annual benefit rate for totally disabled miners would be $10,769 for calendar year 2026, paid in 12 monthly amounts. For years before 2026, the rate would be 37.5 percent of the monthly GS-2, step 1 pay rate. For each year after 2026, the rate would rise by the CPI-W ratio from the prior year to the second prior year, but would never fall below the prior year's rate.
Higher operator security and penalties
If enacted, the Secretary must issue short-term and final rules (within 60 days and 12 months) setting who may self-insure and the financial tests and annual security needed to cover current and projected liabilities. The bill would define "other responsible party" to include any person or business that controls the operator or a business under common control. It would raise the civil penalty for failing to secure payment to $25,000 per occurrence and expand liability to CEOs, COOs, treasurers, and other responsible parties, including actuarial shortfalls in bankruptcy plus interest.
New claim path when x-ray discredited
If enacted, a miner or survivor whose prior denial relied on a later-discredited chest x-ray could file a new claim that must be decided without that x-ray. The Secretary could deny the new claim only if the opposing party proves by clear and convincing evidence that the discredited x-ray did not cause the earlier denial. If a miner's new claim wins, benefits would start at the month of filing of the denied claim; for survivors, benefits would start at the miner's month of death.
Paid lung exams and doctor list
If enacted, you could ask the Department of Labor to pay for a full pulmonary exam from a qualified physician you pick from a public list. The Secretary would keep and update the list, exclude physicians with revoked licenses, and bar evaluators with recent ties to opposing private parties. The Fund would pay exam and CT costs first, and a liable operator would repay the Fund with interest if the claimant wins. The Secretary would also be allowed to help miners, spouses, dependents, and family members with exams, treatment, and claims work.
Stronger anti-fraud and sanctions
If enacted, knowingly making false statements or using threats to affect Black Lung claims would be a federal offense, with fines and up to 5 years in prison. U.S. Attorneys would be required to promptly investigate suspected offenses. Attorneys and expert witnesses who engage in misconduct could be permanently disqualified, and judges could impose discovery and evidentiary sanctions. The Secretary would issue proposed rules within 180 days and final rules within 18 months on disqualification and sanctions procedures.
New claims office, data sharing, and backlog plan
If enacted, the Department of Labor would create an Office of Workers' Compensation Programs led by a President-appointed, Senate-confirmed Director that takes over current staff and duties. The Social Security Administration would be allowed to share wages and self-employment earnings with the Department on written request to help process claims. The Secretary would have 90 days to submit a plan to cut Black Lung case wait times and aim to get average claim pendency under 12 months.
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Sponsors & CoSponsors
Sponsor
Rep. McGarvey, Morgan [D-KY-3]
KY • D
Cosponsors
Rep. Scott, Robert C. "Bobby" [D-VA-3]
VA • D
Sponsored 12/16/2025
Rep. Lee, Summer L. [D-PA-12]
PA • D
Sponsored 12/16/2025
Rep. Carson, Andre [D-IN-7]
IN • D
Sponsored 12/18/2025
Rep. Tlaib, Rashida [D-MI-12]
MI • D
Sponsored 1/7/2026
Rep. Dexter, Maxine [D-OR-3]
OR • D
Sponsored 1/20/2026
Roll Call Votes
No roll call votes available for this bill.
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