Sec. 131. Policies for securing the payment of benefits

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Not later than 60 days after the date of enactment of this Act, the Secretary shall publish an interim final rule setting forth the requirements for an operator of a coal mine to qualify as a self-insurer with respect any portion of the operator’s liabilities under the Black Lung Benefits Act, as described in section 423(a)(1) of such Act ( 30 U.S.C. 933(a)(1) ). Such rule shall— establish criteria, relating to the financial health of the operator (including creditworthiness, long-term enterprise viability, and other liabilities), on which the eligibility of the operator to seek and maintain qualification as a self-insurer shall be determined; establish procedures to determine on an annual basis (or more frequently, where deemed necessary by the Secretary) the minimum amount of security sufficient to insure current and projected liabilities; and establish procedures for review by the Secretary of operator appeals of determinations described in paragraphs

(1)and (2). The Secretary shall promulgate a final rule not later than 12 months after the date of enactment of this Act. Section 423(d)(1) of the Black Lung Benefits Act ( 30 U.S.C. 933(d)(1) ) is amended— by striking $1,000 and inserting $25,000 ; by inserting chief executive officer, chief operating officer, after the word president, each place it appears; by striking and treasurer each place it appears and inserting treasurer, and other responsible party ; by striking for any benefit and all that follows through this section. and inserting for— any benefit which may accrue under this title in respect to any disability which may occur to any employee of such corporation while it shall so fail to secure the payment of benefits as required by this section; or in the event of bankruptcy or other permanent abandonment of the obligation to secure the payment of benefits, the actuarial present value of the benefits to be paid by the fund under section 424(b)(1), projected as of the date of failure to secure such benefits, less any security recovered or surrendered, plus interest. . Section 402 of the Black Lung Benefits Act ( 30 U.S.C. 902 ) is amended by inserting at the end the following: The term other responsible party means— an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or other enterprise that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of an operator or employer; or any trade or business (whether or not incorporated) which is under common control with an operator or employer. .

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30 USC 933(a)(1)
30 USC 933(d)(1)
30 USC 902

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Sec. 131

Policies for securing the payment of benefits

Cite30 USC 933(a)(1)

Cite30 USC 933(d)(1)

Cite30 USC 902

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