March 5, 2026 - Two House Democrats aren’t satisfied with the Department of Labor’s answers to their questions about whether the agency is enforcing the Black Lung Self-Insurance Rule for coal mine operators.

In a March 4 letter addressed to Labor Secretary Lori Chavez-DeRemer, Reps. Bobby Scott (D-VA), ranking member of the House Education and Workforce Committee, and Ilhan Omar (D-MN), ranking member of the House Workforce Protections Subcommittee, ask for a “fully responsive” reply to their Nov. 24 correspondence.

The letter, also addressed to Chavez-DeRemer, cited reports from multiple stakeholders that DOL has “informed operators it will not enforce the rule,” which requires self-insured mine operators to “post adequate security for their benefit liabilities.”

Operators are generally responsible for providing compensation to coal miners who have been disabled by black lung – a deadly condition caused by exposure to respirable coal mine dust – and their dependent survivors. However, the taxpayer-supported Black Lung Disability Trust Fund helps finance benefits when an operator is unable to pay.

“Beginning in 2014, three large self-insured operators filed for bankruptcy,” the rule states. “Because these operators had insufficient securities to cover the full amount of expected benefits, an estimated $865 million in liabilities will ultimately transfer to the Trust Fund.”

The Black Lung Self-Insurance Rule went into effect in January 2025 after OWCP revised regulations related to the Black Lung Benefits Act.

Scott and Omar contend that a Jan. 14 response from DOL Office of Workers’ Compensation Programs Director James Macy “did not address our questions about whether the stakeholder reports are accurate and, if so, what policies are currently being applied to self-insured operators. Instead, it merely pointed to an item in DOL’s semi-annual regulatory agenda announcing that OWCP intends to explore alternatives to the 2024 final rule.”

In the November letter, the lawmakers asked for responses to these requests:

• Has DOL informed operators that it will not enforce the Black Lung Self-Insurance Rule?
• Please provide all documents, correspondence, meeting notes, calendars of any meetings with persons outside of DOL, and lists of persons inside and outside of DOL who have participated in such meetings on the Black Lung Self-Insurance Rule since Jan. 20.
• With respect to whatever policy DOL is implementing regarding self-insurance in the black lung program, please provide the following:
  • A description of the policies for approving operators to self-insure, reauthorizing operators to self-insure and identifying the amount of security required for any self-insured operators.
  • An explanation of the legal justification for any policy described in (a), if it is not the Black Lung Self-Insurance Rule.
  • Any documents about such policy, including the text of such policy.

Macy wrote that DOL is “committed to ensuring coal miners permanently disabled” by black lung, as well as their survivors, “receive benefits to which they are entitled under the Black Lung Benefits Act.” He added that OWCP is “evaluating options,” citing the regulatory agenda, and directed further questions or concerns to the DOL Office of Congressional and Intergovernmental Affairs.

Scott and Omar request response to their initial questions by March 18.