Internal Revenue Code:Sec. 9501. Black Lung Disability Trust Fund

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle I - Trust Fund Code
       CHAPTER 98 - TRUST FUND CODE
        Subchapter A - Establishment of Trust Funds
      

Statute

    Sec. 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 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.
 

Sources

    (Added Pub. L. 97-119, title I, Sec. 103(a), Dec. 29, 1981, 95
    Stat. 1636; amended Pub. L. 97-248, title II, Sec. 281(c)(2), Sept.
    3, 1982, 96 Stat. 566.)
 

References in Text

                             REFERENCES IN TEXT
      The Black Lung Benefits Act, referred to in subsecs. (b)(2)(A),
    (B) and (d), is title IV of Pub. L. 91-173, Dec. 30, 1969, 83 Stat.
    792, as amended.  Part C of such Act is classified generally to
    part C (Sec. 931 et seq.) of subchapter IV of chapter 22 of Title
    30, Mineral Lands and Mining. Sections 402(i), 422, 423, 424(b),
    427(a), 431, 432, 433, and 435 of such Act are classified to
    sections 902(i), 932, 933, 934(b), 937(a), 941, 942, 943, and 945,
    respectively, of Title 30. For complete classification of this Act
    to the Code, see section 901(b) of Title 30 and Tables.
      The date of enactment of the Black Lung Benefits Revenue Act of
    1981, referred to in subsec. (d)(1)(A), is the date of enactment of
    Pub. L. 97-119, which was approved Dec. 29, 1981.
      The enactment of this section, referred to in subsec. (d),
    probably means the date of enactment of Pub. L. 97-119, which
    enacted this section and which was approved Dec. 29, 1981.
 

Miscellaneous

                                 AMENDMENTS
      1982 - Pub. L. 97-248 struck out ''Establishment of'' before
    ''Black Lung'' in section catchline.
                      EFFECTIVE DATE OF 1982 AMENDMENT
      Amendment by Pub. L. 97-248 effective Sept. 1, 1982, see section
    281(d) of Pub. L. 97-248, set out as an Effective Date; Savings
    Provisions note under section 9502 of this title.
                               EFFECTIVE DATE
      Section 103(d)(1) of Pub. L. 97-119, as amended by Pub. L.
    99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''The
    amendments made by this section (enacting this section and sections
    9500, 9601, and 9602 of this title, amending section 501 of this
    title, and repealing section 934a of Title 30, Mineral Lands and
    Mining) shall take effect on January 1, 1982. Section 9501(c)(3) of
    the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (as added
    by subsection (a)) shall only apply to advances made after December
    31, 1981.''
                             SAVINGS PROVISION
      Section 103(d)(2) of Pub. L. 97-119 provided that: ''The Black
    Lung Disability Trust Fund established by the amendments made by
    this section (enacting this section and sections 9500, 9601, 9602
    of this title, amending section 501 of this title, and repealing
    section 934a of Title 30, Mineral Lands and Mining) shall be
    treated for all purposes of law as the continuation of the Black
    Lung Disability Trust Fund established by section 3 of the Black
    Lung Benefits Revenue Act of 1977 (former section 934a of Title
    30). Any reference in any law to the Black Lung Disability Trust
    Fund established by such section 3 shall be deemed to include a
    reference to the Black Lung Disability Trust Fund established by
    the amendments made by this section.''
       MORATORIUM ON INTEREST ACCRUALS ON INDEBTEDNESS OF BLACK LUNG
                           DISABILITY TRUST FUND
      Pub. L. 99-272, title XIII, Sec. 13203(b), Apr. 7, 1986, 100
    Stat. 312, provided that: ''No interest shall accrue for the period
    beginning on October 1, 1985, and ending on September 30, 1990,
    with respect to any repayable advance to the Black Lung Disability
    Trust Fund.''
     PROVISIONS RELATING TO PAYMENT OF BENEFITS TO MINERS AND ELIGIBLE
       SURVIVORS OF MINERS TO TAKE EFFECT AS RULES AND REGULATIONS OF
                             SECRETARY OF LABOR
      Pub. L. 95-239, Sec. 20(b), Mar. 1, 1978, 92 Stat. 106, provided
    that: ''In the event that the payment of benefits to miners and to
    eligible survivors of miners cannot be made from the Black Lung
    Disability Trust Fund established by section 3(a) of the Black Lung
    Benefits Revenue Act of 1977 (former section 934a(a) of Title 30,
    Mineral Lands and Mining), the provisions of the Act relating to
    the payment of benefits to miners and to eligible survivors of
    miners, as in effect immediately before the date of the enactment
    of this Act (Mar. 1, 1978), shall take effect, as rules and
    regulations of the Secretary of Labor until such provisions are
    revoked, amended, or revised by law.  The Secretary of Labor may
    promulgate additional rules and regulations to carry out such
    provisions and shall make benefit payments to miners and to
    eligible survivors of miners in accordance with such provisions.''
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 501 of this title; title
    30 sections 902, 925, 932.