datamatters24/research-document-archive huggingface dataset:
170 
SEC. 322. TRANSFERS TO FUNDS; PREMIUM RELIEF. 
(a) COMBINED FUND.— 
(1) FEDERAL TRANSFERS.—Section 9705(b) of 
the Internal Revenue Code of 1986 (relating to 
transfers from Abandoned Mine Reclamation Fund) 
is amended— 
(A) in paragraph (1), by striking ‘‘section 
402(h)’’ and inserting ‘‘subsections (h) and (i) 
of section 402’’; 
(B) by striking paragraph (2) and insert-
ing the following new paragraph: 
‘‘(2) USE OF FUNDS.—Any amount transferred 
under paragraph (1) for any fiscal year shall be used 
to pay benefits and administrative costs of bene-
ficiaries of the Combined Fund or for such other 
purposes as are specifically provided in the Acts de-
scribed in paragraph (1).’’; and 
(C) by striking ‘‘FROM ABANDONED MINE 
RECLAMATION FUND’’. 
(2) MODIFICATIONS OF PREMIUMS TO REFLECT 
FEDERAL TRANSFERS.— 
(A) ELIMINATION OF UNASSIGNED BENE-
FICIARIES PREMIUM.—Section 9704(d) of such 
Code (establishing unassigned beneficiaries pre-
mium) is amended to read as follows: 
‘‘(d) UNASSIGNED BENEFICIARIES PREMIUM.— 
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‘‘(1) PLAN YEARS ENDING ON OR BEFORE SEP-
TEMBER 30, 2006.—For plan years ending on or be-
fore September 30, 2006, the unassigned bene-
ficiaries premium for any assigned operator shall be 
equal to the applicable percentage of the product of 
the per beneficiary premium for the plan year multi-
plied by the number of eligible beneficiaries who are 
not assigned under section 9706 to any person for 
such plan year. 
‘‘(2) PLAN YEARS BEGINNING ON OR AFTER OC-
TOBER 1, 2006.— 
‘‘(A) IN GENERAL.—For plan years begin-
ning on or after October 1, 2006, subject to 
subparagraph (B), there shall be no unassigned 
beneficiaries premium, and benefit costs with 
respect to eligible beneficiaries who are not as-
signed under section 9706 to any person for 
any such plan year shall be paid from amounts 
transferred under section 9705(b). 
‘‘(B) INADEQUATE
TRANSFERS.—If, for 
any plan year beginning on or after October 1, 
2006, the amounts transferred under section 
9705(b) are less than the amounts required to 
be transferred to the Combined Fund under 
subsection (h)(2)(A) or (i) of section 402 of the 
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172 
Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232)), then the unassigned 
beneficiaries premium for any assigned operator 
shall be equal to the operator’s applicable per-
centage of the amount required to be so trans-
ferred which was not so transferred.’’. 
(B) PREMIUM ACCOUNTS.— 
(i) CREDITING
OF
ACCOUNTS.—Sec-
tion 9704(e)(1) of such Code (relating to 
premium accounts; adjustments) is amend-
ed by inserting ‘‘and amounts transferred 
under section 9705(b)’’ after ‘‘premiums 
received’’. 
(ii) SURPLUSES
ATTRIBUTABLE
TO 
PUBLIC FUNDING.—Section 9704(e)(3)(A) 
of such Code is amended by adding at the 
end the following new sentence: ‘‘Amounts 
credited to an account from amounts 
transferred under section 9705(b) shall not 
be taken into account in determining 
whether there is a surplus in the account 
for purposes of this paragraph.’’ 
(C) APPLICABLE
PERCENTAGE.—Section 
9704(f)(2) of such Code (relating to annual ad-
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173 
justments) is amended by adding at the end the 
following new subparagraph: 
‘‘(C) In the case of plan years beginning 
on or after October 1, 2007, the total number 
of assigned eligible beneficiaries shall be re-
duced by the eligible beneficiaries whose assign-
ments 
have 
been 
revoked 
under 
section 
9706(h).’’. 
(3) ASSIGNMENTS AND REASSIGNMENT.—Sec-
tion 9706 of the Internal Revenue Code of 1986 (re-
lating to assignment of eligible beneficiaries) is 
amended by adding at the end the following: 
‘‘(h) ASSIGNMENTS AS OF OCTOBER 1, 2007.— 
‘‘(1) IN GENERAL.—Subject to the premium ob-
ligation set forth in paragraph (3), the Commis-
sioner of Social Security shall— 
‘‘(A) revoke all assignments to persons 
other than 1988 agreement operators for pur-
poses of assessing premiums for plan years be-
ginning on and after October 1, 2007; and 
‘‘(B) make no further assignments to per-
sons other than 1988 agreement operators, ex-
cept that no individual who becomes an unas-
signed beneficiary by reason of subparagraph 
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174 
(A) may be assigned to a 1988 agreement oper-
ator. 
‘‘(2) REASSIGNMENT
UPON
PURCHASE.—This 
subsection shall not be construed to prohibit the re-
assignment under subsection (b)(2) of an eligible 
beneficiary. 
‘‘(3) LIABILITY
OF
PERSONS
DURING
THREE 
FISCAL YEARS BEGINNING ON AND AFTER OCTOBER 
1, 2007.—In the case of each of the fiscal years be-
ginning on October 1, 2007, 2008, and 2009, each 
person other than a 1988 agreement operator shall 
pay to the Combined Fund the following percentage 
of the amount of annual premiums that such person 
would otherwise be required to pay under section 
9704(a), determined on the basis of assignments in 
effect without regard to the revocation of assign-
ments under paragraph (1)(A): 
‘‘(A) For the fiscal year beginning on Oc-
tober 1, 2007, 55 percent. 
‘‘(B) For the fiscal year beginning on Oc-
tober 1, 2008, 40 percent. 
‘‘(C) For the fiscal year beginning on Oc-
tober 1, 2009, 15 percent.’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to plan years of the 
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175 
Combined Fund beginning after September 30, 
2006. 
(b) 1992 UMWA BENEFIT AND OTHER PLANS.— 
(1) TRANSFERS TO PLANS.—Section 9712(a) of 
the Internal Revenue Code of 1986 (relating to the 
establishment and coverage of the 1992 UMWA 
Benefit Plan) is amended by adding at the end the 
following: 
‘‘(3) TRANSFERS
UNDER
OTHER
FEDERAL 
STATUTES.— 
‘‘(A) IN
GENERAL.—The 1992 UMWA 
Benefit Plan shall include any amount trans-
ferred to the plan under subsections (h) and (i) 
of section 402 of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1232). 
‘‘(B) USE OF FUNDS.—Any amount trans-
ferred under subparagraph (A) for any fiscal 
year shall be used to provide the health benefits 
described in subsection (c) with respect to any 
beneficiary for whom no monthly per bene-
ficiary premium is paid pursuant to paragraph 
(1)(A) or (3) of subsection (d). 
‘‘(4) SPECIAL RULE FOR 1993 PLAN.— 
‘‘(A) IN GENERAL.—The plan described in 
section 402(h)(2)(C) of the Surface Mining 
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176 
Control and Reclamation Act of 1977 (30 
U.S.C. 
1232(h)(2)(C)) 
shall 
include 
any 
amount transferred to the plan under sub-
sections (h) and (i) of the Surface Mining Con-
trol and Reclamation Act of 1977 (30 U.S.C. 
1232). 
‘‘(B) USE OF FUNDS.—Any amount trans-
ferred under subparagraph (A) for any fiscal 
year shall be used to provide the health benefits 
described in section 402(h)(2)(C)(i) of the Sur-
face Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232(h)(2)(C)(i)) to individ-
uals described in section 402(h)(2)(C) of such 
Act (30 U.S.C. 1232(h)(2)(C)).’’. 
(2) PREMIUM ADJUSTMENTS.— 
(A) IN GENERAL.—Section 9712(d)(1) of 
such Code (relating to guarantee of benefits) is 
amended to read as follows: 
‘‘(1) IN GENERAL.—All 1988 last signatory op-
erators shall be responsible for financing the benefits 
described in subsection (c) by meeting the following 
requirements in accordance with the contribution re-
quirements established in the 1992 UMWA Benefit 
Plan: 
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177 
‘‘(A) The payment of a monthly per bene-
ficiary premium by each 1988 last signatory op-
erator for each eligible beneficiary of such oper-
ator who is described in subsection (b)(2) and 
who is receiving benefits under the 1992 
UMWA benefit plan. 
‘‘(B) The provision of a security (in the 
form of a bond, letter of credit, or cash escrow) 
in an amount equal to a portion of the pro-
jected future cost to the 1992 UMWA Benefit 
Plan of providing health benefits for eligible 
and potentially eligible beneficiaries attributable 
to the 1988 last signatory operator. 
‘‘(C) If the amounts transferred under 
subsection (a)(3) are less than the amounts re-
quired to be transferred to the 1992 UMWA 
Benefit Plan under subsections (h) and (i) of 
section 402 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232), the 
payment of an additional backstop premium by 
each 1988 last signatory operator which is 
equal to such operator’s share of the amounts 
required to be so transferred but which were 
not so transferred, determined on the basis of 
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178 
the number of eligible and potentially eligible 
beneficiaries attributable to the operator.’’. 
(B) CONFORMING AMENDMENTS.—Section 
9712(d) of such Code is amended— 
(i) in paragraph (2)(B), by striking 
‘‘prefunding’’ and inserting ‘‘backstop’’, 
and 
(ii) in paragraph (3), by striking 
‘‘paragraph (1)(B)’’ and inserting ‘‘para-
graph (1) (A)’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall apply to fiscal 
years beginning on or after October 1, 2010. 
SEC. 323. OTHER PROVISIONS. 
(a) BOARD OF TRUSTEES.—Section 9702(b) of the 
Internal Revenue Code of 1986 (relating to board of trust-
ees of the Combined Fund) is amended to read as follows: 
‘‘(b) BOARD OF TRUSTEES.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a), the board of trustees for the Combined Fund 
shall be appointed as follows: 
‘‘(A) 2 individuals who represent employers 
in the coal mining industry shall be designated 
by the BCOA; 
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179 
‘‘(B) 2 individuals designated by the 
United Mine Workers of America; and 
‘‘(C) 3 individuals selected by the individ-
uals appointed under subparagraphs (A) and 
(B). 
‘‘(2) SUCCESSOR
TRUSTEES.—Any successor 
trustee shall be appointed in the same manner as 
the trustee being succeeded. The plan establishing 
the Combined Fund shall provide for the removal of 
trustees. 
‘‘(3) SPECIAL RULE.—If the BCOA ceases to 
exist, any trustee or successor under paragraph 
(1)(A) shall be designated by the 3 employers who 
were members of the BCOA on the enactment date 
and who have been assigned the greatest number of 
eligible beneficiaries under section 9706.’’. 
(b) ENFORCEMENT OF OBLIGATIONS.— 
(1) FAILURE
TO
PAY
PREMIUMS.—Section 
9707(a) of the Internal Revenue Code of 1986 is 
amended to read as follows: 
‘‘(a) FAILURES TO PAY.— 
‘‘(1) 
PREMIUMS
FOR
ELIGIBLE
BENE-
FICIARIES.—There is hereby imposed a penalty on 
the failure of any assigned operator to pay any pre-
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180 
mium required to be paid under section 9704 with 
respect to any eligible beneficiary. 
‘‘(2) CONTRIBUTIONS
REQUIRED
UNDER
THE 
MINING LAWS.—There is hereby imposed a penalty 
on the failure of any person to make a contribution 
required under section 402(h)(5)(B)(ii) of the Sur-
face Mining Control and Reclamation Act of 1977 to 
a plan referred to in section 402(h)(2)(C) of such 
Act. For purposes of applying this section, each such 
required monthly contribution for the hours worked 
of any individual shall be treated as if it were a pre-
mium required to be paid under section 9704 with 
respect to an eligible beneficiary.’’. 
(2) CIVIL
ENFORCEMENT.—Section 9721 of 
such Code is amended to read as follows: 
‘‘SEC. 9721. CIVIL ENFORCEMENT. 
‘‘The provisions of section 4301 of the Employee Re-
tirement Income Security Act of 1974 shall apply, in the 
same manner as any claim arising out of an obligation 
to pay withdrawal liability under subtitle E of title IV of 
such Act, to any claim— 
‘‘(1) arising out of an obligation to pay any 
amount required to be paid by this chapter; or 
‘‘(2) arising out of an obligation to pay any 
amount required by section 402(h)(5)(B)(ii) of the 
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181 
Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232(h)(5)(B)(ii)).’’. 
TITLE IV—INCREASE IN 
MINIMUM WAGE 
SEC. 401. MINIMUM WAGE. 
Section 6(a)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: 
‘‘(1) except as otherwise provided in this sec-
tion, not less than— 
‘‘(A) $5.15 an hour beginning September 
1, 1997; 
‘‘(B) $5.85 an hour, beginning on January 
1, 2007; 
‘‘(C) $6.55 an hour, beginning June 1, 
2008; and 
‘‘(D) $7.25 an hour, beginning June 1, 
2009;’’. 
SEC. 402. TIPPED WAGE FAIRNESS. 
Section 3(m) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(m)) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by striking ‘‘ ‘Wage’ paid to any employee’’ 
and inserting ‘‘(1) ‘Wage’ paid to any employee’’; 
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182 
(3) in subparagraph (B) (as so redesignated), 
by inserting before the period the following: ‘‘: Pro-
vided, That the tips shall not be included as part of 
the wage paid to an employee to the extent that they 
are excluded therefrom under the terms of a bona 
fide collective bargaining agreement applicable to the 
particular employee’’; and 
(4) by adding at the end of the following: 
‘‘(2) Notwithstanding any other provision of this Act, 
any State or political subdivision of a State which on or 
after the date of enactment of the Estate Tax and Exten-
sion of Tax Relief Act of 2006 excludes all of a tipped 
employee’s tips from being considered as wages in deter-
mining if such tipped employee has been paid the applica-
ble minimum wage rate, may not establish or enforce the 
minimum wage rate provisions of such law, ordinance, reg-
ulation, or order in such State or political subdivision 
thereof with respect to tipped employees unless such law, 
ordinance, regulation, or order is revised or amended to 
permit such employee to be paid a wage by the employee’s 
employer in an amount not less than an amount equal 
to— 
‘‘(A) the cash wage paid such employee which 
is required under such law, ordinance, regulation, or 
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138 
HR 3221 PCS
velop advanced geophysical, geochemical, and geo-
logic tools to assist in locating hidden hydrothermal 
resources, and to increase the reliability of site char-
acterization before, during, and after initial drilling. 
The program shall develop new prospecting tech-
niques to assist in prioritization of targets for char-
acterization. The program shall include a field com-
ponent. 
(2) INDUSTRY COUPLED EXPLORATORY DRILL-
ING.—The Secretary shall support a program of 
cost-shared field demonstration programs, to be pur-
sued, simultaneously and independently, in collabo-
ration with industry partners, for the demonstration 
of technologies and techniques of siting and explor-
atory drilling for undiscovered resources in a variety 
of geologic settings. The program shall include in-
centives to encourage the use of advanced tech-
nologies and techniques. 
SEC. 4205. GENERAL GEOTHERMAL SYSTEMS RESEARCH 
AND DEVELOPMENT. 
(a) SUBSURFACE COMPONENTS AND SYSTEMS.—The 
Secretary shall support a program of research, develop-
ment, demonstration, and commercial application of com-
ponents and systems capable of withstanding extreme geo-
thermal environments and necessary to cost-effectively de-
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139 
HR 3221 PCS
velop, produce, and monitor geothermal reservoirs and 
produce geothermal energy. These components and sys-
tems shall include advanced casing systems (expandable 
tubular casing, low-clearance casing designs, and others), 
high-temperature cements, high-temperature submersible 
pumps, and high-temperature packers, as well as tech-
nologies for under-reaming, multilateral completions, 
high-temperature logging, and logging while drilling. 
(b) RESERVOIR
PERFORMANCE
MODELING.—The 
Secretary shall support a program of research, develop-
ment, demonstration, and commercial application of mod-
els of geothermal reservoir performance, with an emphasis 
on accurately modeling performance over time. Models 
shall be developed to assist both in the development of geo-
thermal reservoirs and to more accurately account for 
stress-related effects in stimulated hydrothermal and en-
hanced geothermal systems production environments. 
(c) 
ENVIRONMENTAL
IMPACTS.—The 
Secretary 
shall— 
(1) support a program of research, develop-
ment, demonstration, and commercial application of 
technologies and practices designed to mitigate or 
preclude potential adverse environmental impacts of 
geothermal energy development, production or use, 
and seek to ensure that geothermal energy develop-
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HR 3221 PCS
ment is consistent with the highest practicable 
standards of environmental stewardship; and 
(2) in conjunction with the Assistant Adminis-
trator for Research and Development at the Envi-
ronmental Protection Agency, support a research 
program to identify potential environmental impacts 
of geothermal energy development, production, and 
use, and ensure that the program described in para-
graph (1) addresses such impacts, including effects 
on groundwater and local hydrology. 
Any potential environmental impacts identified as part of 
the development, production, and use of geothermal en-
ergy shall be measured and examined against the potential 
emissions offsets of greenhouses gases gained by geo-
thermal energy development, production, and use. 
SEC. 4206. ENHANCED GEOTHERMAL SYSTEMS RESEARCH 
AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall support a 
program of research, development, demonstration, and 
commercial application for enhanced geothermal systems, 
including the programs described in subsection (b). 
(b) PROGRAMS.— 
(1) ENHANCED GEOTHERMAL SYSTEMS TECH-
NOLOGIES.—The Secretary shall support a program 
of research, development, demonstration, and com-
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141 
HR 3221 PCS
mercial application of the technologies and knowl-
edge necessary for enhanced geothermal systems to 
advance to a state of commercial readiness, includ-
ing advances in— 
(A) reservoir stimulation; 
(B) reservoir characterization, monitoring, 
and modeling; 
(C) stress mapping; 
(D) tracer development; 
(E) three-dimensional tomography; 
(F) understanding seismic effects of res-
ervoir engineering and stimulation; and 
(G) laser-based drilling technology. 
(2) ENHANCED
GEOTHERMAL
SYSTEMS
RES-
ERVOIR STIMULATION.— 
(A) PROGRAM.—In collaboration with in-
dustry partners, the Secretary shall support a 
program of research, development, and dem-
onstration of enhanced geothermal systems res-
ervoir stimulation technologies and techniques. 
A minimum of 5 sites shall be selected in loca-
tions that show particular promise for enhanced 
geothermal systems development. Each site 
shall— 
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HR 3221 PCS
(i) represent a different class of sub-
surface geologic environments; and 
(ii) take advantage of an existing site 
where subsurface characterization has been 
conducted or existing drill holes can be uti-
lized, if possible. 
(B) 
CONSIDERATION
OF
EXISTING 
SITES.—The following 2 sites, where Depart-
ment of Energy and industry cooperative en-
hanced geothermal systems projects are already 
underway, may be considered for inclusion 
among the sites selected under subparagraph 
(A): 
(i) Desert Peak, Nevada. 
(ii) Coso, California. 
SEC. 4207. GEOTHERMAL ENERGY PRODUCTION FROM OIL 
AND GAS FIELDS AND RECOVERY AND PRO-
DUCTION 
OF 
GEOPRESSURED 
GAS 
RE-
SOURCES. 
(a) IN GENERAL.—The Secretary shall establish a 
program of research, development, demonstration, and 
commercial application to support development of geo-
thermal energy production from oil and gas fields and pro-
duction and recovery of energy from geopressured re-
sources. In addition, the Secretary shall conduct such sup-
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HR 3221 PCS
porting activities including research, resource character-
ization, and technology development as necessary. 
(b) GEOTHERMAL ENERGY PRODUCTION FROM OIL 
AND GAS FIELDS.—The Secretary shall implement a 
grant program in support of geothermal energy production 
from oil and gas fields. The program shall include grants 
for a total of not less than three demonstration projects 
of the use of geothermal techniques such as organic 
rankine cycle systems at marginal, unproductive, and pro-
ductive oil and gas wells. The Secretary shall, to the extent 
practicable and in the public interest, make awards that— 
(1) include not less than five oil or gas well 
sites per project award; 
(2) use a range of oil or gas well hot water 
source temperatures from 150 degrees Fahrenheit to 
300 degrees Fahrenheit; 
(3) cover a range of sizes up to one megawatt; 
(4) are located at a range of sites; 
(5) can be replicated at a wide range of sites; 
(6) facilitate identification of optimum tech-
niques among competing alternatives; 
(7) include business commercialization plans 
that have the potential for production of equipment 
at high volumes and operation and support at a 
large number of sites; and 
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HR 3221 PCS
(8) satisfy other criteria that the Secretary de-
termines are necessary to carry out the program and 
collect necessary data and information. 
The Secretary shall give preference to assessments that 
address multiple elements contained in paragraphs (1) 
through (8). 
(c) GRANT AWARDS.—Each grant award for dem-
onstration of geothermal technology such as organic 
rankine cycle systems at oil and gas wells made by the 
Secretary under subsection (b) shall include— 
(1) necessary and appropriate site engineering 
study; 
(2) detailed economic assessment of site specific 
conditions; 
(3) appropriate feasibility studies to determine 
whether the demonstration can be replicated; 
(4) design or adaptation of existing technology 
for site specific circumstances or conditions; 
(5) installation of equipment, service, and sup-
port; 
(6) operation for a minimum of one year and 
monitoring for the duration of the demonstration; 
and 
(7) validation of technical and economic as-
sumptions and documentation of lessons learned. 
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