(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.
(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.
(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 .
(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.
(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—
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—
the operator liable for the payment of such benefits—
(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
(ii) has not made a payment within 30 days after that payment is due,
(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
(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
(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
the payment of all expenses of administration on or after
(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 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
(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 of the Black Lung Benefits Act) before
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