Section 1 Short title
This Act may be cited as the “John White Ensuring Timely Black Lung Benefits Act”.
John White Ensuring Timely Black Lung Benefits Act
A BILL
To amend title IV of the Federal Mine Safety and Health Act of 1977 to provide for the timely payment of black lung benefits pending liability determinations, and for other purposes.
Sec. 2 Payment of black lung benefits pending liability determinations
In general— Section 422(h) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 932(h)) is amended—
by striking “The Secretary of Labor” and inserting “(1) The Secretary of Labor”; and
by adding at the end the following:
“(2)
“(A) In any case in which a determination of liability described in paragraph (1) has not been made with respect to a benefit determination for a miner by the date that is 60 days after the date of such a benefit determination, the Secretary shall pay the benefits to which the miner is entitled under section 422 out of the fund (as defined in section 402(h)).
“(B) In no case shall payment of benefits under this paragraph be construed to relieve any operator subsequently determined responsible for the payment of such benefits of repayment liability described in section 424(b).
“(C) For purposes of this paragraph, the term benefit determination for a miner means a determination by the Secretary that the miner is totally disabled due to pneumoconiosis or that the death of the miner was due to pneumoconiosis.”
Authorization for expenditures from trust fund— Section 9501(d)(1) of the Internal Revenue Code of 1986 is amended—
in subparagraph (A), by striking “or” at the end;
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following:
“(B) a determination of liability described in paragraph (1) of section 422(h) of such Act has not been made with respect to a benefit determination for a miner (as defined in paragraph (2)(C) of such section) by the date that is 60 days after the date of such a benefit determination, or”