[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1613 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH 
              BENEFIT PLAN.

    (a) In General.--Section 402(h)(2)(C) of the Surface 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 
                                benefits payable, following death or 
                                retirement or upon a finding of 
                                disability, directly by an employer in 
                                the bituminous 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 reduced as a result of a bankruptcy 
                                proceeding commenced in 2012 or 2015.
                        For purposes of subclause (I), a beneficiary 
                        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 retirees.--
                        Individuals referred to in clause (ii)(II) 
                        shall be treated as eligible to receive health 
                        benefits under the Plan.
                            ``(iv) Requirements for transfer.--The 
                        amount of the transfer otherwise 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' beneficiary 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 September 30, 2016.
    (c) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, and every 3 years thereafter, 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 Federal 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.--
            (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), respectively.
            (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 inserting ``2 separate 
                accounts for each of the premiums described in 
                subsections (b) and (c)'', and
                    (B) by striking ``or the unassigned beneficiaries 
                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--
                    (A) by striking ``the unassigned beneficiary 
                premium under section 9704(a)(3) and'' in subparagraph 
                (B), and
                    (B) by striking ``9704(i)(1)(B)'' and inserting 
                ``9704(h)(1)(B)''.
            (5) Paragraph (2) of section 9711(c) of such Code is 
        amended--
                    (A) by striking ``9704(j)(2)'' in subparagraph 
                (A)(i) and inserting ``9704(i)(2)'',
                    (B) by striking ``9704(j)(2)(B)'' in subparagraph 
                (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 Premium.--
            (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),
                    (B) by striking ``, and'' at the end of 
                subparagraph (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 adjustments''.
    (d) Effective Date.--The amendments made by this section shall 
apply to plan years beginning after September 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 communities by promoting growth-oriented 
economic development efforts.
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