I 
115TH CONGRESS 
1ST SESSION H. R. 3913 
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 
OCTOBER 3, 2017 
Mr. MCKINLEY (for himself, Mr. WELCH, Mr. BRADY of Pennsylvania, Mr. 
POCAN, Mr. THOMPSON of Mississippi, Ms. KAPTUR, Mr. RYAN of Ohio, 
Mr. YARMUTH, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. SCOTT of 
Virginia, Mr. NORCROSS, Mr. MOONEY of West Virginia, Mr. JENKINS 
of West Virginia, Mr. JOHNSON of Ohio, and Mrs. BUSTOS) introduced 
the following bill; which was referred to the Committee on Natural Re-
sources, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Miners Pen-
sion Act of 2017’’. 
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) 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-
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centage (as defined in section 432(i)(2) of the 
Internal Revenue Code of 1986) of the 1974 
UMWA Pension Plan is at least 100 percent, 
taking fully into account all outstanding liabil-
ities for loans made pursuant to subparagraph 
(D). 
‘‘(C) 
PROHIBITION
ON
BENEFIT
IN-
CREASES, ETC.—During a fiscal year in which 
the 1974 UMWA Pension Plan is receiving 
transfers under subparagraph (A), no amend-
ment of such plan which increases the liabilities 
of the plan by reason of any increase in bene-
fits, any change in the accrual of benefits, or 
any change in the rate at which benefits become 
nonforfeitable under the plan may be adopted 
unless the amendment is required as a condi-
tion of qualification under part I of subchapter 
D of chapter 1 of the Internal Revenue Code of 
1986. 
‘‘(D) TREATMENT
OF
TRANSFERS
FOR 
PURPOSES OF WITHDRAWAL LIABILITY UNDER 
ERISA.—If the 1974 UMWA Pension Plan is in 
critical, seriously endangered, or endangered 
status (within the meaning of section 432 of 
the Internal Revenue Code of 1986 and section 
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305 of the Employee Retirement Income Secu-
rity Act of 1974) for a plan year beginning in 
a fiscal year, the amount of any transfer made 
under subparagraph (A) for such fiscal year 
(and any earnings attributable thereto) shall be 
disregarded in determining the unfunded vested 
benefits of the 1974 UMWA Pension Plan and 
the allocation of such unfunded vested benefits 
to an employer for purposes of determining the 
employer’s withdrawal liability under section 
4201 of the Employee Retirement Income Secu-
rity Act of 1974. 
‘‘(E) ADDITIONAL LOAN AUTHORITY.— 
‘‘(i) IN GENERAL.—In addition to the 
amounts transferred under any provision 
other than this subparagraph, and without 
regard to the limitations described in para-
graph (3), each year beginning with fiscal 
year 2018 the Secretary of the Treasury 
shall transfer to the 1974 UMWA Pension 
Plan as a loan the amount certified by the 
Trustees of the 1974 UMWA Pension Plan 
to be necessary to prevent the insolvency of 
such plan. 
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‘‘(ii) ANNUAL CAP.—The amount of 
each annual loan under clause (i) shall not 
exceed $600,000,000. 
‘‘(iii) LOAN TERMS.— 
‘‘(I) IN
GENERAL.—Each such 
annual loan shall bear interest at the 
rate of 1 percent per annum, and each 
shall be treated as a separate loan. 
‘‘(II) REPAYMENT.—For the first 
10 years of each such loan, only the 
interest on such loan shall be repay-
able, and payments on the principal 
shall be distributed over the 30-year 
period beginning with the 11th year of 
the loan. 
‘‘(III) ADDITIONAL PAYMENTS.— 
Notwithstanding subclauses (I) and 
(II), to the extent that the Trustees of 
the 1974 UMWA Pension Plan certify 
that such plan has surplus assets 
which are not needed to pay benefits 
under the plan or to ensure the future 
solvency of the plan, such surplus as-
sets shall be applied towards the re-
payment of the oldest outstanding 
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loan made pursuant to this subpara-
graph. 
‘‘(IV) MAINTENANCE
OF
CER-
TAIN MEASURES UNDER REHABILITA-
TION
PLAN.—Each loan under this 
subparagraph shall specify as a condi-
tion of the loan that, if the 1974 
UMWA Pension Plan emerges from 
critical status (within the meaning of 
section 432 of the Internal Revenue 
Code of 1986 and section 305 of the 
Employee Retirement Income Security 
Act of 1974), the Plan will continue 
to meet the requirements of section 
432(b)(3) of such Code and 305(b)(3) 
of such Act, the measures adopted 
pursuant to section 432(e)(3)(A)(ii) of 
such 
Code 
and 
section 
305(e)(3)(A)(ii) of such Act will re-
main in place, and section 412(b)(3) 
of such Code and section 302(b)(3) of 
such Act shall continue to apply to 
the Plan. 
‘‘(iv) ANNUAL CERTIFICATION.—Each 
year beginning with fiscal year 2018, the 
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Trustees of the 1974 UMWA Pension Plan 
shall certify the amount required to be 
loaned pursuant to clause (i) and the 
amount of any surplus assets described in 
clause (iii)(III). Such certification shall 
also include a certification that— 
‘‘(I) such loan amount, in com-
bination with future amounts available 
to the Plan, is projected to be suffi-
cient to maintain indefinitely the sol-
vency of the plan (without regard to 
any outstanding loan balance); and 
‘‘(II) the Plan is projected to be 
able to repay the amount of such loan, 
with interest, as required under clause 
(iii). 
The preceding sentence shall not apply 
with respect to any year in which the 
amount determined by the Trustees under 
clause (i) is $0 and no loans under this 
subparagraph remain outstanding. 
‘‘(v) 
PLAN
INSOLVENCY
OR
DE-
FAULT.—If the 1974 UMWA Pension Plan 
becomes insolvent in any year despite re-
ceiving loan amounts under this subpara-
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graph, or if the Plan is unable to make 
any payment on a loan under this subpara-
graph when due, employers contributing to 
the Plan and employer associations with 
members contributing to the Plan shall not 
be subject to any new or increased liability, 
including any increased fee, expense, con-
tribution, assessment, or surcharge. 
‘‘(vi) INSOLVENCY.—For purposes of 
this subparagraph, the term ‘insolvency’ 
has the meaning given such term by sec-
tion 418E(b)(1) of the Internal Revenue 
Code of 1986. 
‘‘(vii) INITIAL LOAN.—The first loan 
under this subparagraph shall be made not 
later than 60 days after the date of enact-
ment of the American Miners Pension Act 
of 2017. 
‘‘(F) ENHANCED ANNUAL REPORTING.— 
‘‘(i) IN GENERAL.—Not later than the 
90th day of each plan year beginning after 
the date of enactment of the American 
Miners Pension Act of 2017, the trustees 
of the 1974 UMWA Pension Plan shall file 
with the Secretary of the Treasury or the 
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Secretary’s delegate and the Pension Ben-
efit Guaranty Corporation a report (includ-
ing appropriate documentation and actu-
arial certifications from the plan actuary, 
as required by the Secretary of the Treas-
ury or the Secretary’s delegate) that con-
tains— 
‘‘(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(i)(2) of such 
Code) as of the first day of such plan 
year, and the underlying actuarial 
value of assets and liabilities taken 
into account in determining such per-
centage; 
‘‘(III) the market value of the as-
sets of the plan as of the last day of 
the plan year preceding such plan 
year; 
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‘‘(IV) the total value of all con-
tributions made during the plan year 
preceding such plan year; 
‘‘(V) the total value of all bene-
fits paid during the plan year pre-
ceding such plan year; 
‘‘(VI) cash flow projections for 
such plan year and either the 6 or 10 
succeeding plan years, at the election 
of the trustees, and the assumptions 
relied upon in making such projec-
tions; 
‘‘(VII) funding standard account 
projections for such plan year and the 
9 succeeding plan years, and the as-
sumptions relied upon in making such 
projections; 
‘‘(VIII) the total value of all in-
vestment gains or losses during the 
plan year preceding such plan year; 
‘‘(IX) any significant reduction 
in the number of active participants 
during the plan year preceding such 
plan year, and the reason for such re-
duction; 
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‘‘(X) a list of employers that 
withdrew from the plan in the plan 
year preceding such plan year, and 
the resulting reduction in contribu-
tions; 
‘‘(XI) a list of employers that 
paid withdrawal liability to the plan 
during the plan year preceding such 
plan year and, for each employer, a 
total assessment of the withdrawal li-
ability paid, the annual payment 
amount, and the number of years re-
maining in the payment schedule with 
respect to such withdrawal liability; 
‘‘(XII) any material changes to 
benefits, accrual rates, or contribution 
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; 
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‘‘(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; 
‘‘(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 
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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-
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-
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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. 
‘‘(G) 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 
to individuals who retired in 1976 and there-
after.’’. 
(b) COORDINATION WITH TAXATION OF UNRELATED 
BUSINESS
INCOME.—Subparagraph 
(A) 
of 
section 
514(c)(6) of the Internal Revenue Code of 1986 is amend-
ed— 
(1) by striking ‘‘or’’ at the end of clause (i); 
(2) by striking the period at the end of clause 
(ii)(II) and inserting ‘‘, or’’; and 
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(3) by adding at the end the following new 
clause: 
‘‘(iii) indebtedness with respect to the 
1974 UMWA Pension Plan (as defined in 
section 402(i)(4)(G) of the Surface Mining 
Control and Reclamation Act of 1977) 
under a loan made by the Secretary pursu-
ant to section 402(i)(4)(E) of the Surface 
Mining Control and Reclamation Act of 
1977.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fiscal years beginning after Sep-
tember 30, 2016. 
Æ 
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