I 
115TH CONGRESS 
1ST SESSION H. R. 2713 
To amend the Surface Mining Control and Reclamation Act of 1977 to 
transfer certain funds to the 1974 United Mine Workers of America 
Pension Plan, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2017 
Mr. MCKINLEY (for himself, Mr. JENKINS of West Virginia, Mr. POCAN, Mr. 
RODNEY DAVIS of Illinois, Mr. YARMUTH, Mr. O’HALLERAN, Mr. 
WELCH, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. NORCROSS, Mr. 
JOHNSON of Ohio, and Mr. MOONEY of West Virginia) introduced the fol-
lowing 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 consider-
ation 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 1974 United 
Mine Workers of America Pension Plan, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Miners Pension Protec-
tion Act’’. 
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SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN. 
(a) IN GENERAL.—Subsection (i) of section 402 of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1232), as amended by the Further Continuing 
and Security Assistance Appropriations Act, 2017, is 
amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ADDITIONAL AMOUNTS.— 
‘‘(A) CALCULATION.—If the dollar limita-
tion specified in paragraph (3)(A) exceeds the 
aggregate amount required to be transferred 
under paragraphs (1) and (2) for a fiscal year, 
the Secretary of the Treasury shall transfer an 
additional amount equal to the difference be-
tween such dollar limitation and such aggregate 
amount to the trustees of the 1974 UMWA 
Pension Plan to pay benefits required under 
that plan. 
‘‘(B) CESSATION
OF
TRANSFERS.—The 
transfers described in subparagraph (A) shall 
cease as of the first fiscal year beginning after 
the first plan year for which the funded per-
centage (as defined in section 432(j)(2) of the 
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Internal Revenue Code of 1986) of the 1974 
UMWA Pension Plan is at least 100 percent. 
‘‘(C) ENHANCED ANNUAL REPORTING.— 
‘‘(i) IN GENERAL.—Not later than the 
90th day of each plan year beginning after 
the date of enactment of the Miners Pen-
sion Protection Act, the trustees of the 
1974 UMWA Pension Plan shall file with 
the Secretary of the Treasury or the Sec-
retary’s delegate and the Pension Benefit 
Guaranty Corporation a report (including 
appropriate documentation and actuarial 
certifications from the plan actuary, as re-
quired by the Secretary of the Treasury or 
the Secretary’s delegate) that contains— 
‘‘(I) whether the plan is in en-
dangered or critical status under sec-
tion 305 of the Employee Retirement 
Income Security Act of 1974 and sec-
tion 432 of the Internal Revenue Code 
of 1986 as of the first day of such 
plan year; 
‘‘(II) the funded percentage (as 
defined in section 432(j)(2) of such 
Code) as of the first day of such plan 
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rates during the plan year preceding 
such plan year; 
‘‘(XIII) any scheduled benefit in-
crease or decrease in the plan year 
preceding such plan year having a 
material effect on liabilities of the 
plan; 
‘‘(XIV) details regarding any 
funding improvement plan or rehabili-
tation plan and updates to such plan; 
‘‘(XV) the number of partici-
pants and beneficiaries during the 
plan year preceding such plan year 
who are active participants, the num-
ber of participants and beneficiaries in 
pay status, and the number of termi-
nated vested participants and bene-
ficiaries; 
‘‘(XVI) the information contained 
on the most recent annual funding no-
tice submitted by the plan under sec-
tion 101(f) of the Employee Retire-
ment Income Security Act of 1974; 
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‘‘(XVII) the information con-
tained on the most recent Department 
of Labor Form 5500 of the plan; and 
‘‘(XVIII) copies of the plan docu-
ment and amendments, other retire-
ment benefit or ancillary benefit plans 
relating to the plan and contribution 
obligations under such plans, a break-
down of administrative expenses of 
the plan, participant census data and 
distribution of benefits, the most re-
cent actuarial valuation report as of 
the plan year, copies of collective bar-
gaining agreements, and financial re-
ports, and such other information as 
the Secretary of the Treasury or the 
Secretary’s delegate, in consultation 
with the Secretary of Labor and the 
Director of the Pension Benefit Guar-
anty Corporation, may require. 
‘‘(ii) ELECTRONIC SUBMISSION.—The 
report required under clause (i) shall be 
submitted electronically. 
‘‘(iii) INFORMATION
SHARING.—The 
Secretary of the Treasury or the Sec-
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retary’s delegate shall share the informa-
tion in the report under clause (i) with the 
Secretary of Labor. 
‘‘(iv) PENALTY.—Any failure to file 
the report required under clause (i) on or 
before the date described in such clause 
shall be treated as a failure to file a report 
required to be filed under section 6058(a) 
of the Internal Revenue Code of 1986, ex-
cept that section 6652(e) of such Code 
shall be applied with respect to any such 
failure by substituting ‘$100’ for ‘$25’. 
The preceding sentence shall not apply if 
the Secretary of the Treasury or the Sec-
retary’s delegate determines that reason-
able diligence has been exercised by the 
trustees of such plan in attempting to 
timely file such report. 
‘‘(D) 1974 UMWA
PENSION
PLAN
DE-
FINED.—For purposes of this paragraph, the 
term ‘1974 UMWA Pension Plan’ has the 
meaning given the term in section 9701(a)(3) 
of the Internal Revenue Code of 1986, but 
without regard to the limitation on participation 
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to individuals who retired in 1976 and there-
after.’’. 
(b) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
this section shall apply to fiscal years beginning 
after September 30, 2016. 
(2) 
REPORTING
REQUIREMENTS.—Section 
402(i)(4)(F) of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1232(i)(4)(F)), as 
added by this section, shall apply to plan years be-
ginning after the date of the enactment of this Act. 
SEC. 3. CUSTOMS USER FEES. 
(a) IN GENERAL.—Section 13031(j)(3)(A) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c(j)(3)(A)), as amended by section 105(a) 
of the Health Benefits for Miners Act of 2017, is amended 
by striking ‘‘January 14, 2026’’ and inserting ‘‘May 13, 
2026’’. 
(b) RATE FOR MERCHANDISE PROCESSING FEES.— 
Section 503 of the United States–Korea Free Trade 
Agreement Implementation Act (Public Law 112–41; 19 
U.S.C. 3805 note), as amended by section 105(b) of the 
Health Benefits for Miners Act of 2017, is amended by 
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striking ‘‘January 14, 2026’’ and inserting ‘‘May 13, 
2026’’. 
Æ 
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