Source
(Added Pub. L. 97–119, title I, § 103(a), Dec. 29, 1981, 95 Stat. 1636; amended Pub. L. 97–248, title II, § 281(c)(2), Sept. 3, 1982, 96 Stat. 566.)
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 the Act is classified generally to part C (§ 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, and 433 of the Act are classified to sections
902
(i),
932,
933,
934
(b),
937
(a),
941,
942, and
943, respectively, of Title
30. Section 435 of the Act was classified to section
945 of Title
30, prior to repeal by
Pub. L. 107–275, § 2(c)(1), Nov. 2, 2002,
116 Stat. 1926. 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.
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, § 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.”
Funds to Remain Available
Pub. L. 110–161, div. G, title I, Dec. 26, 2007,
121 Stat. 2162, provided in part that: “In fiscal year 2008 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund, to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954 [now 1986]; and interest on advances, as authorized by section 9501(c)(2) of that Act.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 108–447, div. F, title I, Dec. 8, 2004,
118 Stat. 3118.
Pub. L. 108–199, div. E, title I, Jan. 23, 2004,
118 Stat. 231.
Pub. L. 108–7, div. G, title I, Feb. 20, 2003,
117 Stat. 303.
Moratorium on Interest Accruals on Indebtedness of Black Lung Disability Trust Fund
Pub. L. 99–272, title XIII, § 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, § 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.”