26 U.S.C. § 9501 : US Code - Section 9501: Black Lung Disability Trust Fund

Search 26 U.S.C. § 9501 : US Code - Section 9501: Black Lung Disability Trust Fund

    (a) Creation of Trust Fund
      (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.
      (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.
    (b) Transfer of certain taxes; other receipts
      (1) Transfer to Black Lung Disability Trust Fund of amounts
        equivalent to certain taxes
        There are herby 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.
      (2) Certain repaid amounts, etc.
        The following amounts shall be credited to the Black Lung
      Disability Trust Fund:
          (A) Amounts repaid or recovered under subsection (b) of
        section 424 of the Black Lung Benefits Act (including interest
        thereon).
          (B) Amounts paid as fines or penalties, or interest thereon,
        under section 423, 431, or 432 of the Black Lung Benefits Act.
          (C) Amounts paid into the Black Lung Disability Trust Fund by
        a trust described in section 501(c)(21).
    (c) Repayable advances
      (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).
      (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.
      (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.
    (d) Expenditures from Trust Fund
      Amounts in the Black Lung Disability Trust Fund shall be
    available, as provided by appropriation Acts, for - 
        (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 - 
          (A) the operator liable for the payment of such benefits - 
            (i) has no commenced payment of such benefits within 30
          days after the date of an initial determination of
          eligibility by the Secretary of Labor, or
            (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
          (B) there is no operator who is liable for the payment of
        such benefits,

        (2) the payment of obligations incurred by the Secretary of
      Labor with respect to all claims of miners of their survivors in
      which the miner's last coal mine employment was before January 1,
      1970,
        (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,
        (4) the repayment of, and the payment of interest on, repayable
      advances to the Black Lung Disability Trust Fund,
        (5) the payment of all expenses of administration on or after
      March 1, 1978 - 
          (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
          (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,

        (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
        (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 (!1) of the Black
      Lung Benefits Act.


    For purposes of the preceding sentence, any reference to section
    402(i), 422, or 435 (!1) 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.