9501(a)(1) IN GENERAL. --There
is established in the Treasury of the United States a trust
fund to be known as the "Black Lung Disability Trust Fund",
consisting of such amounts as may be appropriated or credited
to the Black Lung Disability Trust Fund.
9501(a)(2) TRUSTEES. --The
trustees of the Black Lung Disability Trust Fund shall be the
Secretary of the Treasury, the Secretary of Labor, and the Secretary
of Health and Human Services.
9501(b) TRANSFER OF CERTAIN TAXES; OTHER
RECEIPTS. --
9501(b)(1) TRANSFER TO BLACK LUNG DISABILITY
TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN TAXES.
--There are hereby appropriated to the Black Lung Disability
Trust Fund amounts equivalent to the taxes received in the Treasury
under section 4121 or subchapter B of chapter 42.
9501(b)(2) CERTAIN REPAID AMOUNTS, ETC.
--The following amounts shall be credited to the Black Lung
Disability Trust Fund:
9501(b)(2)(A) Amounts repaid
or recovered under subsection (b) of section 424 of the Black
Lung Benefits Act (including interest thereon).
9501(b)(2)(B) Amounts paid
as fines or penalties, or interest thereon, under section 423,
431, or 432 of the Black Lung Benefits Act.
9501(b)(2)(C) Amounts paid
into the Black Lung Disability Trust Fund by a trust described
in section 501(c)(21).
9501(c) REPAYABLE ADVANCES. --
9501(c)(1) AUTHORIZATION. --There
are authorized to be appropriated to the Black Lung Disability
Trust Fund, as repayable advances, such sums as may from time
to time be necessary to make the expenditures described in subsection
(d).
9501(c)(2) REPAYMENT WITH INTEREST.
--Repayable advances made to the Black Lung Disability Trust
Fund shall be repaid, and interest on such advances shall be
paid, to the general fund of the Treasury when the Secretary
of the Treasury determines that moneys are available in the
Black Lung Disability Trust Fund for such purposes.
9501(c)(3) RATE OF INTEREST.
--Interest on advances made pursuant to this subsection shall
be at a rate determined by the Secretary of the Treasury (as
of the close of the calendar month preceding the month in which
the advance is made) to be equal to the current average market
yield on outstanding marketable obligations of the United States
with remaining periods to maturity comparable to the anticipated
period during which the advance will be outstanding.
9501(d) EXPENDITURES FROM TRUST FUND.
--Amounts in the Black Lung Disability Trust Fund shall be available,
as provided by appropriation Acts, for --
9501(d)(1) the payment of benefits
under section 422 of the Black Lung Benefits Act in any case
in which the Secretary of Labor determines that --
9501(d)(1)(A) the operator
liable for the payment of such benefits --
9501(d)(1)(A)(i) has not commenced
payment of such benefits within 30 days after the date of an
initial determination of eligibility by the Secretary of Labor,
or
9501(d)(1)(A)(ii) has not made
a payment within 30 days after that payment is due,
except that, in the case of a claim filed on
or after the date of the enactment of the Black Lung Benefits
Revenue Act of 1981, amounts will be available under this subparagraph
only for benefits accruing after the date of such initial determination,
or
9501(d)(1)(B) there is no operator
who is liable for the payment of such benefits,
9501(d)(2) the payment of obligations
incurred by the Secretary of Labor with respect to all claims
of miners or their survivors in which the miner's last coal
mine employment was before January 1, 1970,
9501(d)(3) the repayment into
the Treasury of the United States of an amount equal to the
sum of the amounts expended by the Secretary of Labor for claims
under part C of the Black Lung Benefits Act which were paid
before April 1, 1978, except that the Black Lung Disability
Trust Fund shall not be obligated to pay or reimburse any such
amounts which are attributable to periods of eligibility before
January 1, 1974,
9501(d)(4) the repayment of,
and the payment of interest on, repayable advances to the Black
Lung Disability Trust Fund,
9501(d)(5) the payment of all
expenses of administration on or after March 1, 1978 --
9501(d)(5)(A) incurred by the
Department of Labor or the Department of Health and Human Services
under part C of the Black Lung Benefits Act (other than under
section 427(a) or 433), or
9501(d)(5)(B) incurred by the
Department of the Treasury in administering subchapter B of
chapter 32 and in carrying out its responsibilities with respect
to the Black Lung Disability Trust Fund,
9501(d)(6) the reimbursement
of operators for amounts paid by such operators (other than
as penalties or interest) before April 1, 1978, in satisfaction
(in whole or in part) of claims of miners whose last employment
in coal mines was terminated before January 1, 1970, and
9501(d)(7) the reimbursement
of operators and insurers for amounts paid by such operators
and insurers (other than amounts paid as penalties, interest,
or attorney fees) at any time in satisfaction (in whole or in
part) of any claim denied (within the meaning of section 402(i)
of the Black Lung Benefits Act) before March 1, 1978, and which
is or has been approved in accordance with the provisions of
section 435 of the Black Lung Benefits Act.
For purposes of the preceding sentence, any
reference to section 402(i), 422, or 435 of the Black Lung Benefits
Act shall be treated as a reference to such section as in effect
immediately after the enactment of this section.
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