Sec. 107. False statements or misrepresentations, attorney disqualification, and discovery sanctions
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Section 431 of the Black Lung Benefits Act ( 30 U.S.C. 941 ) is amended to read as follows: No person, including any claimant, physician, operator, duly authorized agent of such operator, or employee of an insurance carrier, shall— knowingly and willfully make a false statement or misrepresentation for the purpose of obtaining, increasing, reducing, denying, or terminating benefits under this title; or threaten, coerce, intimidate, deceive, or knowingly mislead a party, representative, witness, potential witness, judge, or anyone participating in a proceeding regarding any matter related to a proceeding under this title. Any person who engages in the conduct described in subsection
(a)shall, upon conviction, be subject to a fine in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both. The United States Attorney for the district in which the conduct described in subsection
(a)is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint of a violation of such subsection. An attorney or expert witness who engages in the conduct described in subsection
(a)shall, in addition to the fine or imprisonment provided under subsection (b), be permanently disqualified from representing any party, or appearing in any proceeding, under this title. In addition to the disqualification described in paragraph (1), the Secretary may disqualify an attorney from representing any party in a proceeding under this title for either a limited term or permanently, if the attorney— engages in any action or behavior that is prejudicial to the fair and orderly conduct of such proceeding; or is suspended or disbarred by any court of the United States, any State, or any territory, commonwealth, or possession of the United States with jurisdiction over the proceeding. An administrative law judge may sanction a party who fails to comply with an order to compel discovery or disclosure, or to supplement earlier responses, in a proceeding under this title. These sanctions may include, as appropriate— drawing an adverse inference against the noncomplying party on the facts relevant to the discovery or disclosure order; limiting the noncomplying party’s claims, defenses, or right to introduce evidence; and rendering a default decision against the noncomplying party. The Secretary shall promulgate regulations that— provide procedures for the disqualifications and sanctions under this section and are appropriate for all parties; and distinguish between parties that are represented by an attorney and parties that are not represented by an attorney. .
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Sec. 107
False statements or misrepresentations, attorney disqualification, and discovery sanctions
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