I 

115TH CONGRESS 

1ST SESSION H. R. 1613 

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

transfer certain funds to the Multiemployer Health Benefit Plan, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2017 

Mr. MCKINLEY (for himself and Mr. WELCH) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Surface Mining Control and Reclamation Act 

of 1977 to transfer certain funds to the Multiemployer 

Health Benefit Plan, and for other purposes. 

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 ‘‘Helping Ensure Long5 Term Protection for Coal Miners Health Care Act of 

6 2017’’ or the ‘‘HELP for Coal Miners Health Care Act 

7 of 2017’’. 


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1 SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTI2 EMPLOYER HEALTH BENEFIT PLAN. 

3 (a) IN GENERAL.—Section 402(h)(2)(C) of the Sur4 face Mining Control and Reclamation Act of 1977 (30 

5 U.S.C. 1232(h)(2)(C)) is amended— 

6 (1) by striking clauses (ii), (iii), and (iv); and 

7 (2) by inserting after clause (i) the following: 

8 ‘‘(ii) CALCULATION OF EXCESS.—The 

9 excess determined under clause (i) shall be 

10 calculated by taking into account only— 

11 ‘‘(I) those beneficiaries actually 

12 enrolled in the Plan as of the date of 

13 the enactment of the HELP for Coal 

14 Miners Health Care Act of 2017 who 

15 are eligible to receive health benefits 

16 under the Plan on the first day of the 

17 calendar year for which the transfer is 

18 made, other than those beneficiaries 

19 enrolled in the Plan under the terms 

20 of a participation agreement with the 

21 current or former employer of such 

22 beneficiaries; and 

23 ‘‘(II) those beneficiaries whose 

24 health benefits, defined as those bene25 fits payable, following death or retire26 ment or upon a finding of disability, 


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1 directly by an employer in the bitu2 minous coal industry under a coal 

3 wage agreement (as defined in section 

4 9701(b)(1) of the Internal Revenue 

5 Code of 1986), would be denied or re6 duced as a result of a bankruptcy pro7 ceeding commenced in 2012 or 2015. 

8 For purposes of subclause (I), a bene9 ficiary enrolled in the Plan as of the date 

10 of the enactment of the HELP for Coal 

11 Miners Health Care Act of 2017 shall be 

12 deemed to have been eligible to receive 

13 health benefits under the Plan on January 

14 1, 2017. 

15 ‘‘(iii) ELIGIBILITY OF CERTAIN RETIR16 EES.—Individuals referred to in clause 

17 (ii)(II) shall be treated as eligible to re18 ceive health benefits under the Plan. 

19 ‘‘(iv) REQUIREMENTS FOR TRANS20 FER.—The amount of the transfer other21 wise determined under this subparagraph 

22 for a fiscal year shall be reduced by any 

23 amount transferred for the fiscal year to 

24 the Plan, to pay benefits required under 

25 the Plan, from a voluntary employees’ benVerDate Sep 11 2014 03:53 Mar 22, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1613.IH H1613

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1 eficiary association established as a result 

2 of a bankruptcy proceeding described in 

3 clause (ii).’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to fiscal years beginning after Sep6 tember 30, 2016. 

7 (c) GAO AUDIT.—Not later than 3 years after the 

8 date of the enactment of this Act, and every 3 years there9 after, the Comptroller General of the United States shall 

10 conduct a study of the Multiemployer Health Benefit Plan 

11 described in section 402(h)(2)(C)(i) of the Surface Mining 

12 Control and Reclamation Act of 1977 (30 U.S.C. 

13 1232(h)(2)(C)(i)) and shall submit to the appropriate 

14 committees of Congress a report analyzing whether Fed15 eral funds are being spent appropriately by such Plan. 

16 SEC. 3. CLARIFICATION OF FINANCING OBLIGATIONS. 

17 (a) IN GENERAL.—Subsection (a) of section 9704 of 

18 the Internal Revenue Code of 1986 is amended— 

19 (1) by striking paragraph (3), 

20 (2) by striking ‘‘three premiums’’ and inserting 

21 ‘‘two premiums’’, and 

22 (3) by striking ‘‘, plus’’ at the end of paragraph 

23 (2) and inserting a period. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 9704 of the Internal Revenue Code 

2 of 1986 is amended— 

3 (A) by striking subsection (d), and 

4 (B) by redesignating subsections (e) 

5 through (j) as subsections (d) through (i), re6 spectively. 

7 (2) Subsection (d) of section 9704 of such 

8 Code, as so redesignated, is amended— 

9 (A) by striking ‘‘3 separate accounts for 

10 each of the premiums described in subsections 

11 (b), (c), and (d)’’ in paragraph (1) and insert12 ing ‘‘2 separate accounts for each of the pre13 miums described in subsections (b) and (c)’’, 

14 and 

15 (B) by striking ‘‘or the unassigned bene16 ficiaries premium account’’ in paragraph 

17 (3)(B). 

18 (3) Subclause (I) of section 9703(b)(2)(C)(ii) of 

19 such Code is amended by striking 

20 ‘‘9704(e)(3)(B)(i)’’ and inserting 

21 ‘‘9704(d)(3)(B)(i)’’. 

22 (4) Paragraph (3) of section 9705(a) of such 

23 Code is amended— 


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1 (A) by striking ‘‘the unassigned beneficiary 

2 premium under section 9704(a)(3) and’’ in sub3 paragraph (B), and 

4 (B) by striking ‘‘9704(i)(1)(B)’’ and in5 serting ‘‘9704(h)(1)(B)’’. 

6 (5) Paragraph (2) of section 9711(c) of such 

7 Code is amended— 

8 (A) by striking ‘‘9704(j)(2)’’ in subpara9 graph (A)(i) and inserting ‘‘9704(i)(2)’’, 

10 (B) by striking ‘‘9704(j)(2)(B)’’ in sub11 paragraph (B) and inserting ‘‘9704(i)(2)(B)’’, 

12 and 

13 (C) by striking ‘‘9704(j)’’ and inserting 

14 ‘‘9704(i)’’. 

15 (6) Paragraph (4) of section 9712(d) of such 

16 Code is amended by striking ‘‘9704(j)’’ and inserting 

17 ‘‘9704(i)’’. 

18 (c) ELIMINATION OF ADDITIONAL BACKSTOP PRE19 MIUM.— 

20 (1) IN GENERAL.—Paragraph (1) of section 

21 9712(d) of the Internal Revenue Code of 1986 is 

22 amended by striking subparagraph (C). 

23 (2) CONFORMING AMENDMENT.—Paragraph (2) 

24 of section 9712(d) of such Code is amended— 

25 (A) by striking subparagraph (B), 


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1 (B) by striking ‘‘, and’’ at the end of sub2 paragraph (A) and inserting a period, and 

3 (C) by striking ‘‘shall provide for—’’ and 

4 all that follows through ‘‘annual adjustments’’ 

5 and inserting ‘‘shall provide for annual adjust6 ments’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to plan years beginning after Sep9 tember 30, 2016. 

10 SEC. 4. SENSE OF THE HOUSE OF REPRESENTATIVES. 

11 It is the sense of the House of Representatives that 

12 Congress should work with the administration to support 

13 economic growth in Appalachia and other coal commu14 nities by promoting growth-oriented economic development 

15 efforts. 

Æ 


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