
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC9707]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                Subtitle J--Coal Industry Health Benefits
 
                CHAPTER 99--COAL INDUSTRY HEALTH BENEFITS
 
                   Subchapter B--Combined Benefit Fund
 
                          PART III--ENFORCEMENT
 
Sec. 9707. Failure to pay premium


(a) General rule

    There is hereby imposed a penalty on the failure of any assigned 
operator to pay any premium required to be paid under section 9704 with 
respect to any eligible beneficiary.

(b) Amount of penalty

    The amount of the penalty imposed by subsection (a) on any failure 
with respect to any eligible beneficiary shall be $100 per day in the 
noncompliance period with respect to any such failure.

(c) Noncompliance period

    For purposes of this section, the term ``noncompliance period'' 
means, with respect to any failure to pay any premium or installment 
thereof, the period--
        (1) beginning on the due date for such premium or installment, 
    and
        (2) ending on the date of payment of such premium or 
    installment.

(d) Limitations on amount of penalty

                           (1) In general

        No penalty shall be imposed by subsection (a) on any failure 
    during any period for which it is established to the satisfaction of 
    the Secretary of the Treasury that none of the persons responsible 
    for such failure knew, or exercising reasonable diligence would have 
    known, that such failure existed.

                           (2) Corrections

        No penalty shall be imposed by subsection (a) on any failure 
    if--
            (A) such failure was due to reasonable cause and not to 
        willful neglect, and
            (B) such failure is corrected during the 30-day period 
        beginning on the 1st date that any of the persons responsible 
        for such failure knew, or exercising reasonable diligence would 
        have known, that such failure existed.

                             (3) Waiver

        In the case of a failure that is due to reasonable cause and not 
    to willful neglect, the Secretary of the Treasury may waive all or 
    part of the penalty imposed by subsection (a) for failures to the 
    extent that the Secretary determines, in his sole discretion, that 
    the payment of such penalty would be excessive relative to the 
    failure involved.

(e) Liability for penalty

    The person failing to meet the requirements of section 9704 shall be 
liable for the penalty imposed by subsection (a).

(f) Treatment

    For purposes of this title, the penalty imposed by this section 
shall be treated in the same manner as the tax imposed by section 4980B.

(Added Pub. L. 102-486, title XIX, Sec. 19143(a), Oct. 24, 1992, 106 
Stat. 3050; amended Pub. L. 104-188, title I, Sec. 1704(t)(65), Aug. 20, 
1996, 110 Stat. 1890.)


                               Amendments

    1996--Subsec. (d)(1). Pub. L. 104-188 struck out comma after 
``diligence''.
