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 addi-
tion to the Committee on Ways and Means, for a period to be subse-
quently 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. 
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 ‘‘Helping Ensure Long- 
Term Protection for Coal Miners Health Care Act of 
2017’’ or the ‘‘HELP for Coal Miners Health Care Act 
of 2017’’. 
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SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTI-
EMPLOYER HEALTH BENEFIT PLAN. 
(a) IN GENERAL.—Section 402(h)(2)(C) of the Sur-
face Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1232(h)(2)(C)) is amended— 
(1) by striking clauses (ii), (iii), and (iv); and 
(2) by inserting after clause (i) the following: 
‘‘(ii) CALCULATION OF EXCESS.—The 
excess determined under clause (i) shall be 
calculated by taking into account only— 
‘‘(I) those beneficiaries actually 
enrolled in the Plan as of the date of 
the enactment of the HELP for Coal 
Miners Health Care Act of 2017 who 
are eligible to receive health benefits 
under the Plan on the first day of the 
calendar year for which the transfer is 
made, other than those beneficiaries 
enrolled in the Plan under the terms 
of a participation agreement with the 
current or former employer of such 
beneficiaries; and 
‘‘(II) those beneficiaries whose 
health benefits, defined as those bene-
fits payable, following death or retire-
ment or upon a finding of disability, 
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directly by an employer in the bitu-
minous coal industry under a coal 
wage agreement (as defined in section 
9701(b)(1) of the Internal Revenue 
Code of 1986), would be denied or re-
duced as a result of a bankruptcy pro-
ceeding commenced in 2012 or 2015. 
For purposes of subclause (I), a bene-
ficiary enrolled in the Plan as of the date 
of the enactment of the HELP for Coal 
Miners Health Care Act of 2017 shall be 
deemed to have been eligible to receive 
health benefits under the Plan on January 
1, 2017. 
‘‘(iii) ELIGIBILITY OF CERTAIN RETIR-
EES.—Individuals referred to in clause 
(ii)(II) shall be treated as eligible to re-
ceive health benefits under the Plan. 
‘‘(iv) REQUIREMENTS
FOR
TRANS-
FER.—The amount of the transfer other-
wise determined under this subparagraph 
for a fiscal year shall be reduced by any 
amount transferred for the fiscal year to 
the Plan, to pay benefits required under 
the Plan, from a voluntary employees’ ben-
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eficiary association established as a result 
of a bankruptcy proceeding described in 
clause (ii).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fiscal years beginning after Sep-
tember 30, 2016. 
(c) GAO AUDIT.—Not later than 3 years after the 
date of the enactment of this Act, and every 3 years there-
after, the Comptroller General of the United States shall 
conduct a study of the Multiemployer Health Benefit Plan 
described in section 402(h)(2)(C)(i) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1232(h)(2)(C)(i)) and shall submit to the appropriate 
committees of Congress a report analyzing whether Fed-
eral funds are being spent appropriately by such Plan. 
SEC. 3. CLARIFICATION OF FINANCING OBLIGATIONS. 
(a) IN GENERAL.—Subsection (a) of section 9704 of 
the Internal Revenue Code of 1986 is amended— 
(1) by striking paragraph (3), 
(2) by striking ‘‘three premiums’’ and inserting 
‘‘two premiums’’, and 
(3) by striking ‘‘, plus’’ at the end of paragraph 
(2) and inserting a period. 
(b) CONFORMING AMENDMENTS.— 
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(1) Section 9704 of the Internal Revenue Code 
of 1986 is amended— 
(A) by striking subsection (d), and 
(B) 
by 
redesignating 
subsections 
(e) 
through (j) as subsections (d) through (i), re-
spectively. 
(2) Subsection (d) of section 9704 of such 
Code, as so redesignated, is amended— 
(A) by striking ‘‘3 separate accounts for 
each of the premiums described in subsections 
(b), (c), and (d)’’ in paragraph (1) and insert-
ing ‘‘2 separate accounts for each of the pre-
miums described in subsections (b) and (c)’’, 
and 
(B) by striking ‘‘or the unassigned bene-
ficiaries 
premium 
account’’ 
in 
paragraph 
(3)(B). 
(3) Subclause (I) of section 9703(b)(2)(C)(ii) of 
such 
Code 
is 
amended 
by 
striking 
‘‘9704(e)(3)(B)(i)’’ 
and 
inserting 
‘‘9704(d)(3)(B)(i)’’. 
(4) Paragraph (3) of section 9705(a) of such 
Code is amended— 
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(A) by striking ‘‘the unassigned beneficiary 
premium under section 9704(a)(3) and’’ in sub-
paragraph (B), and 
(B) by striking ‘‘9704(i)(1)(B)’’ and in-
serting ‘‘9704(h)(1)(B)’’. 
(5) Paragraph (2) of section 9711(c) of such 
Code is amended— 
(A) by striking ‘‘9704(j)(2)’’ in subpara-
graph (A)(i) and inserting ‘‘9704(i)(2)’’, 
(B) by striking ‘‘9704(j)(2)(B)’’ in sub-
paragraph (B) and inserting ‘‘9704(i)(2)(B)’’, 
and 
(C) by striking ‘‘9704(j)’’ and inserting 
‘‘9704(i)’’. 
(6) Paragraph (4) of section 9712(d) of such 
Code is amended by striking ‘‘9704(j)’’ and inserting 
‘‘9704(i)’’. 
(c) ELIMINATION OF ADDITIONAL BACKSTOP PRE-
MIUM.— 
(1) IN
GENERAL.—Paragraph (1) of section 
9712(d) of the Internal Revenue Code of 1986 is 
amended by striking subparagraph (C). 
(2) CONFORMING AMENDMENT.—Paragraph (2) 
of section 9712(d) of such Code is amended— 
(A) by striking subparagraph (B), 
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(B) by striking ‘‘, and’’ at the end of sub-
paragraph (A) and inserting a period, and 
(C) by striking ‘‘shall provide for—’’ and 
all that follows through ‘‘annual adjustments’’ 
and inserting ‘‘shall provide for annual adjust-
ments’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after Sep-
tember 30, 2016. 
SEC. 4. SENSE OF THE HOUSE OF REPRESENTATIVES. 
It is the sense of the House of Representatives that 
Congress should work with the administration to support 
economic growth in Appalachia and other coal commu-
nities by promoting growth-oriented economic development 
efforts. 
Æ 
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