26 U.S.C. § 9501 — Black Lung Disability Trust Fund

Page 4111 TITLE 26—INTERNAL REVENUE CODE § 9501 1 Section numbers editorially supplied. CHAPTER 98—TRUST FUND CODE Subchapter Sec.1 A. Establishment of Trust Funds ............... 9501 B. General provisions ................................. 9601 Subchapter A—Establishment of Trust Funds Sec. 9501. Black Lung Disability Trust Fund. 9502. Airport and Airway Trust Fund. 9503. Highway Trust Fund. 9504. Sport Fish Restoration and Boating Trust Fund. 9505. Harbor Maintenance Trust Fund. 9506. Inland Waterways Trust Fund. 9507. Hazardous Substance Superfund. 9508. Leaking Underground Storage Tank Trust Fund. 9509. Oil Spill Liability Trust Fund. 9510. Vaccine Injury Compensation Trust Fund. 9511. Patient-Centered Outcomes Research Trust Fund. Editorial Notes CODIFICATION The amendment by section 8033(b) of Pub. L. 99–509, which provided for adding item 9507 to the table of sec- tions for subchapter A, did not take effect pursuant to section 8033(c)(2)(C) of Pub. L. 99–509 and the enactment of the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99–499). AMENDMENTS 2010—Pub. L. 111–148, title VI, § 6301(e)(1)(B), Mar. 23, 2010, 124 Stat. 743, added item 9511. 2005—Pub. L. 109–59, title XI, § 11115(b)(2)(E), Aug. 10, 2005, 119 Stat. 1950, substituted ‘‘Sport Fish Restoration and Boating’’ for ‘‘Aquatic Resources’’ in item 9504. 1998—Pub. L. 105–178, title IX, § 9011(b)(3), June 9, 1998, 112 Stat. 508, struck out item 9511 ‘‘National Rec- reational Trails Trust Fund’’. 1991—Pub. L. 102–240, title VIII, § 8003(c), Dec. 18, 1991, 105 Stat. 2206, added item 9511. 1987—Pub. L. 100–203, title IX, § 9202(b), Dec. 22, 1987, 101 Stat. 1330–331, added item 9510. 1986—Pub. L. 99–662, title XIV, §§ 1403(c), 1405(c), Nov. 17, 1986, 100 Stat. 4270, 4271, added items 9505 and 9506. Pub. L. 99–509, title VIII, § 8033(c)(2)(C), Oct. 21, 1986, 100 Stat. 1962, added item 9509. Pub. L. 99–499, title V, §§ 517(d), 522(b), Oct. 17, 1986, 100 Stat. 1774, 1781, added items 9507 and 9508. 1984—Pub. L. 98–369, div. A, title X, § 1016(d), July 18, 1984, 98 Stat. 1020, added item 9504. 1983—Pub. L. 97–424, title V, § 531(d), Jan. 6, 1983, 96 Stat. 2192, added item 9503. 1982—Pub. L. 97–248, title II, § 281(c)(1), Sept. 3, 1982, 96 Stat. 566, struck out ‘‘Establishment of’’ before ‘‘Black Lung’’ in item 9501 and added item 9502. § 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’’, con- sisting of such amounts as may be appro- priated or credited to the Black Lung Dis- ability 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 Sec- retary 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 hereby appropriated to the Black Lung Disability Trust Fund amounts equiva- lent 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 there- on). (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 Dis- ability 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 re- payable advances, such sums as may from time to time be necessary to make the expend- itures described in subsection (d). (2) Repayment with interest Repayable advances made to the Black Lung Disability Trust Fund shall be repaid, and in- terest on such advances shall be paid, to the general fund of the Treasury when the Sec- retary of the Treasury determines that mon- eys 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 com- parable 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 appro- priation 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 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, except that, in the case of a claim filed on or after the date of the enactment of the Black Page 4112 TITLE 26—INTERNAL REVENUE CODE § 9501 1 See References in Text note below. 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 Dis- ability 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 in- terest on, repayable advances to the Black Lung Disability Trust Fund, (5) the payment of all expenses of adminis- tration 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 respon- sibilities 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 in- surers for amounts paid by such operators and insurers (other than amounts paid as pen- alties, 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 ap- proved in accordance with the provisions of section 435 1 of the Black Lung Benefits Act. For purposes of the preceding sentence, any ref- erence 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. (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.) Editorial Notes 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. Part C of the Act is classified gen- erally to part C (§ 931 et seq.) of subchapter IV of chap- ter 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 ap- proved 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 ap- proved Dec. 29, 1981. AMENDMENTS 1982—Pub. L. 97–248 struck out ‘‘Establishment of’’ before ‘‘Black Lung’’ in section catchline. Statutory Notes and Related Subsidiaries 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 Effec- tive Date; Savings Provisions note under section 9502 of this title. EFFECTIVE DATE Pub. L. 97–119, title I, § 103(d)(1), Dec. 29, 1981, 95 Stat. 1639, 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 Pub. L. 97–119, title I, § 103(d)(2), Dec. 29, 1981, 95 Stat. 1639, provided that: ‘‘The Black Lung Disability Trust Fund established by the amendments made by this sec- tion [enacting this section and sections 9500, 9601, 9602 of this title, amending section 501 of this title, and re- pealing section 934a of Title 30, Mineral Lands and Min- ing] shall be treated for all purposes of law as the con- tinuation of the Black Lung Disability Trust Fund es- tablished by section 3 of the Black Lung Benefits Rev- enue 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 Dis- ability Trust Fund established by the amendments made by this section.’’ RESTRUCTURING OF TRUST FUND DEBT Pub. L. 110–343, div. B, title I, § 113(b), Oct. 3, 2008, 122 Stat. 3825, as amended by Pub. L. 113–295, div. A, title II, § 210(b), Dec. 19, 2014, 128 Stat. 4031, provided that: ‘‘(1) DEFINITIONS.—For purposes of this subsection— ‘‘(A) MARKET VALUE OF THE OUTSTANDING REPAYABLE ADVANCES, PLUS ACCRUED INTEREST.—The term ‘mar- ket value of the outstanding repayable advances, plus accrued interest’ means the present value (deter- mined by the Secretary of the Treasury as of the refi- nancing date and using the Treasury rate as the dis- count rate) of the stream of principal and interest payments derived assuming that each repayable ad- vance that is outstanding on the refinancing date is due on the 30th anniversary of the end of the fiscal year in which the advance was made to the Trust Fund, and that all such principal and interest pay- ments are made on September 30 of the applicable fis- cal year. Page 4113 TITLE 26—INTERNAL REVENUE CODE § 9501 ‘‘(B) REFINANCING DATE.—The term ‘refinancing date’ means the date occurring 2 days after the enact- ment of this Act [Oct. 3, 2008]. ‘‘(C) REPAYABLE ADVANCE.—The term ‘repayable ad- vance’ means an amount that has been appropriated to the Trust Fund in order to make benefit payments and other expenditures that are authorized under sec- tion 9501 of the Internal Revenue Code of 1986 and are required to be repaid when the Secretary of the Treasury determines that monies are available in the Trust Fund for such purpose. ‘‘(D) TREASURY RATE.—The term ‘Treasury rate’ means a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. ‘‘(E) TREASURY 1-YEAR RATE.—The term ‘Treasury 1- year rate’ means a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States with remaining periods to matu- rity of approximately 1 year, to have been in effect as of the close of business 1 business day prior to the date on which the Trust Fund issues obligations to the Secretary of the Treasury under paragraph (2)(B). ‘‘(F) TRUST FUND.—The term ‘Trust Fund’ means the Black Lung Disability Trust Fund established under section 9501 of the Internal Revenue Code of 1986. ‘‘(2) REFINANCING OF OUTSTANDING PRINCIPAL OF RE- PAYABLE ADVANCES AND UNPAID INTEREST ON SUCH AD- VANCES.— ‘‘(A) TRANSFER TO GENERAL FUND.—On the refi- nancing date, the Trust Fund shall repay the market value of the outstanding repayable advances, plus ac- crued interest, by transferring into the general fund of the Treasury the following sums: ‘‘(i) The proceeds from obligations that the Trust Fund shall issue to the Secretary of the Treasury in such amounts as the Secretaries of Labor and the Treasury shall determine and bearing interest at the Treasury rate, and that shall be in such forms and denominations and be subject to such other terms and conditions, including maturity, as the Secretary of the Treasury shall prescribe. ‘‘(ii) All, or that portion, of the appropriation made to the Trust Fund pursuant to paragraph (3) that is needed to cover the difference defined in that paragraph. ‘‘(B) REPAYMENT OF OBLIGATIONS.—In the event that the Trust Fund is unable to repay the obligations that it has issued to the Secretary of the Treasury under subparagraph (A)(i) and this subparagraph, or is unable to make benefit payments and other au- thorized expenditures, the Trust Fund shall issue ob- ligations to the Secretary of the Treasury in such amounts as may be necessary to make such repay- ments, payments, and expenditures, with a maturity of 1 year, and bearing interest at the Treasury 1-year rate. These obligations shall be in such forms and de- nominations and be subject to such other terms and conditions as the Secretary of the Treasury shall pre- scribe. ‘‘(C) AUTHORITY TO ISSUE OBLIGATIONS.—The Trust Fund is authorized to issue obligations to the Sec- retary of the Treasury under subparagraphs (A)(i) and (B). The Secretary of the Treasury is authorized to purchase such obligations of the Trust Fund. For the purposes of making such purchases, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under such chapter are extended to include any purchase of such Trust Fund obligations under this subparagraph. ‘‘(3) ONE-TIME APPROPRIATION.—There is hereby appro- priated to the Trust Fund an amount sufficient to pay to the general fund of the Treasury the difference be- tween— ‘‘(A) the market value of the outstanding repayable advances, plus accrued interest; and ‘‘(B) the proceeds from the obligations issued by the Trust Fund to the Secretary of the Treasury under paragraph (2)(A)(i). ‘‘(4) PREPAYMENT OF TRUST FUND OBLIGATIONS.—The Trust Fund is authorized to repay any obligation issued to the Secretary of the Treasury under subparagraphs (A)(i) and (B) of paragraph (2) prior to its maturity date by paying a prepayment price that would, if the obliga- tion being prepaid (including all unpaid interest ac- crued thereon through the date of prepayment) were purchased by a third party and held to the maturity date of such obligation, produce a yield to the third- party purchaser for the period from the date of pur- chase to the maturity date of such obligation substan- tially equal to the Treasury yield on outstanding mar- ketable obligations of the United States having a com- parable maturity to this period.’’ FUNDS TO REMAIN AVAILABLE Pub. L. 111–8, div. F, title I, Mar. 11, 2009, 123 Stat. 757, provided in part that: ‘‘In fiscal year 2009 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund (‘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 appropriation acts: Pub. L. 118–47, div. D, title I, Mar. 23, 2024, 138 Stat. 638. Pub. L. 117–328, div. H, title I, Dec. 29, 2022, 136 Stat. 4843. Pub. L. 117–103, div. H, title I, Mar. 15, 2022, 136 Stat. 431. Pub. L. 116–260, div. H, title I, Dec. 27, 2020, 134 Stat. 1556. Pub. L. 116—94, div. A, title I, Dec. 20, 2019, 133 Stat. 2545. Pub. L. 115–245, div. B, title I, Sept. 28, 2018, 132 Stat. 3056. Pub. L. 115–141, div. H, title I, Mar. 23, 2018, 132 Stat. 704. Pub. L. 115–31, div. H, title I, May 5, 2017, 131 Stat. 510. Pub. L. 114–113, div. H, title I, Dec. 18, 2015, 129 Stat. 2591. Pub. L. 113–235, div. G, title I, Dec. 16, 2014, 128 Stat. 2458. Pub. L. 113–76, div. H, title I, Jan. 17, 2014, 128 Stat. 355. Pub. L. 112–74, div. F, title I, Dec. 23, 2011, 125 Stat. 1058. Pub. L. 111–117, div. D, title I, Dec. 16, 2009, 123 Stat. 3233. Pub. L. 110–161, div. G, title I, Dec. 26, 2007, 121 Stat. 2162. Pub. L. 109–149, title I, Dec. 30, 2005, 119 Stat. 2839. 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 ad- vance 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 SEC- RETARY OF LABOR Pub. L. 95–239, § 20(b), Mar. 1, 1978, 92 Stat. 106, pro- vided that: ‘‘In the event that the payment of benefits to miners and to eligible survivors of miners cannot be Page 4114 TITLE 26—INTERNAL REVENUE CODE § 9502 made from the Black Lung Disability Trust Fund es- tablished 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 el- igible survivors of miners, as in effect immediately be- fore the date of the enactment of this Act [Mar. 1, 1978], shall take effect, as rules and regulations of the Sec- retary 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 pay- ments to miners and to eligible survivors of miners in accordance with such provisions.’’ § 9502. Airport and Airway Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the ‘‘Airport and Airway Trust Fund’’, consisting of such amounts as may be appropriated, credited, or paid into the Airport and Airway Trust Fund as provided in this section, section 9503(c)(5), or section 9602(b). (b) Transfers to Airport and Airway Trust Fund There are hereby appropriated to the Airport and Airway Trust Fund amounts equivalent to— (1) the taxes received in the Treasury under— (A) section 4041(c) (relating to aviation fuels), (B) section 4043 (relating to surtax on fuel used in aircraft part of a fractional owner- ship program), (C) sections 4261 and 4271 (relating to transportation by air), and (D) section 4081 with respect to aviation gasoline and kerosene to the extent attrib- utable to the rate specified in section 4081(a)(2)(C), and (2) the amounts determined by the Secretary of the Treasury to be equivalent to the amounts of civil penalties collected under sec- tion 47107(m) of title 49, United States Code. There shall not be taken into account under paragraph (1) so much of the taxes imposed by section 4081 as are determined at the rate speci- fied in section 4081(a)(2)(B). (c) Appropriation of additional sums There are hereby authorized to be appro- priated to the Airport and Airway Trust Fund such additional sums as may be required to make the expenditures referred to in subsection (d) of this section. (d) Expenditures from Airport and Airway Trust Fund (1) Airport and airway program Amounts in the Airport and Airway Trust Fund shall be available, as provided by appro- priation Acts, for making expenditures before October 1, 2028, to meet those obligations of the United States— (A) incurred under title I of the Airport and Airway Development Act of 1970 or of the Airport and Airway Development Act Amendments of 1976 or of the Aviation Safe- ty and Noise Abatement Act of 1979 or under the Fiscal Year 1981 Airport Development Authorization Act or the provisions of the Airport and Airway Improvement Act of 1982 or the Airport and Airway Safety and Capac- ity Expansion Act of 1987 or the Federal Aviation Administration Research, Engi- neering, and Development Authorization Act of 1990 or the Aviation Safety and Capacity Expansion Act of 1990 or the Airport and Air- way Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992 or the Airport Improvement Program Tem- porary Extension Act of 1994 or the Federal Aviation Administration Authorization Act of 1994 or the Federal Aviation Reauthoriza- tion Act of 1996 or the provisions of the Om- nibus Consolidated and Emergency Supple- mental Appropriations Act, 1999 providing for payments from the Airport and Airway Trust Fund or the Interim Federal Aviation Administration Authorization Act or section 6002 of the 1999 Emergency Supplemental Ap- propriations Act, Public Law 106–59, or the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century or the Avia- tion and Transportation Security Act or the Vision 100—Century of Aviation Reauthor- ization Act or any joint resolution making continuing appropriations for the fiscal year 2008 or the Department of Transportation Appropriations Act, 2008 or the Airport and Airway Extension Act of 2008 or the Federal Aviation Administration Extension Act of 2008 or the Federal Aviation Administration Extension Act of 2008, Part II or the Federal Aviation Administration Extension Act of 2009 or any joint resolution making con- tinuing appropriations for the fiscal year 2010 or the Fiscal Year 2010 Federal Aviation Administration Extension Act or the Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II or the Federal Avia- tion Administration Extension Act of 2010 or the Airport and Airway Extension Act of 2010 or the Airport and Airway Extension Act of 2010, Part II or the Airline Safety and Federal Aviation Administration Extension Act of 2010 or the Airport and Airway Exten- sion Act of 2010, Part III or the Airport and Airway Extension Act of 2010, Part IV or the Airport and Airway Extension Act of 2011 or the Airport and Airway Extension Act of 2011, Part II or the Airport and Airway Ex- tension Act of 2011, Part III or the Airport and Airway Extension Act of 2011, Part IV or the Airport and Airway Extension Act of 2011, Part V or the Airport and Airway Ex- tension Act of 2012 or the FAA Moderniza- tion and Reform Act of 2012 or the Airport and Airway Extension Act of 2015 or the Air- port and Airway Extension Act of 2016 or the FAA Extension, Safety, and Security Act of 2016 or the Disaster Tax Relief and Airport and Airway Extension Act of 2017 or the Air- port and Airway Extension Act of 2018 or the Airport and Airway Extension Act of 2018, Part II or the FAA Reauthorization Act of 2018 or title II of division B of the Con- tinuing Appropriations Act, 2024 and Other Extensions Act or the Airport and Airway Extension Act of 2023, Part II or the Airport and Airway Extension Act of 2024 or the Air- port and Airway Extension Act of 2024, Part II or the FAA Reauthorization Act of 2024;