I 

113TH CONGRESS 

1ST SESSION H. R. 2627 

To amend the Surface Mining Control and Reclamation Act of 1977 to 

protect the health care benefits of our Nation’s miners. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2013 

Mr. WHITFIELD (for himself, Mr. MCKINLEY, and Mrs. CAPITO) introduced 

the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Surface Mining Control and Reclamation Act 

of 1977 to protect the health care benefits of our Nation’s miners. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Caring for Coal Miners 

5 Act’’. 

6 SEC. 2. INCLUSION OF RETIREES AFTER 2006. 

7 (a) IN GENERAL.—Section 402(h)(2)(C) of the Sur8 face Mining Control and Reclamation Act of 1977 (30 

9 U.S.C. 1232(h)(2)(C)) is amended— 

10 (1) by inserting ‘‘(i)’’ before ‘‘A transfer’’; 


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1 (2) by redesignating clauses (i) and (ii) (as in 

2 effect immediately before the enactment of this Act) 

3 as subclauses (I) and (II) of clause (i) as designated 

4 by the amendment made by paragraph (1) of this 

5 section, and moving such subclauses 2 ems to the 

6 right; and 

7 (3) by striking the matter following such sub8 clause (II) and inserting the following: 

9 ‘‘(ii) Such excess shall be calculated by 

10 taking into account only— 

11 ‘‘(I) those beneficiaries actually en12 rolled in the Plan as of the date of enact13 ment of the Caring for Coal Miners Act, 

14 who are eligible to receive health benefits 

15 under the Plan on the first day of the cal16 endar year for which the transfer is made; 

17 and 

18 ‘‘(II) those beneficiaries who would be 

19 denied health benefits payable directly by 

20 an employer in the bituminous coal indus21 try under a coal wage agreement, as that 

22 term is defined in section 9701(b)(1) of 

23 the Internal Revenue Code of 1986 (26 

24 U.S.C. 9701(b)(1)), as a result of a bank25 ruptcy proceeding commenced in 2012. 


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1 ‘‘(iii) An individual referred to in clause 

2 (ii)(II) shall be considered eligible to receive 

3 health benefits under the Plan.’’. 

4 (b) LIMITATION ON DUPLICATION OF BENEFITS.— 

5 (1) LIMITATION.—The amount made available 

6 as a result of the enactment of this Act shall be re7 duced by the amount of any benefits actually paid 

8 by a Voluntary Employees’ Beneficiary Association 

9 to or on behalf of a covered beneficiary, so that no 

10 covered beneficiary receives a greater benefit than 

11 would have been payable before the establishment of 

12 such association. 

13 (2) DEFINITIONS.—In this subsection: 

14 (A) COVERED BENEFICIARY.—The term 

15 ‘‘covered beneficiary’’ means a person eligible 

16 for health benefits under both the plan referred 

17 to in section 402(h)(C) of the Surface Mining 

18 Control and Reclamation Act of 1977 (30 

19 U.S.C. 1232(h)(2)(C)) and a Voluntary Em20 ployees’ Beneficiary Association. 

21 (B) VOLUNTARY EMPLOYEES’ BENE22 FICIARY ASSOCIATION.—The term ‘‘Voluntary 

23 Employees’ Beneficiary Association’’ means 

24 such an association established pursuant to the 

25 Order entered May 29, 2013, by the Court in 


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1 the case In re: Patriot Coal Corporation (Case 

2 No. 12–51502, Bankruptcy Court for the East3 ern District of Missouri). 

Æ 


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