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.