
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: 30USC943]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
           Part C--Claims for Benefits After December 31, 1973
 
Sec. 943. Black lung insurance program


(a) Authorization to establish and carry out

    The Secretary is authorized to establish and carry out a black lung 
insurance program which will enable operators of coal mines to purchase 
insurance covering their obligations under section 932 of this title.

(b) Non-availability of other insurance coverage

    The Secretary may exercise his or her authority under this section 
only if, and to the extent that, insurance coverage is not otherwise 
available, at reasonable cost, to operators of coal mines.

(c) Agreements with coal mine operators; reinsurance agreements

    (1) The Secretary may enter into agreements with operators of coal 
mines who may be liable for the payment of benefits under section 932 of 
this title, under which the Black Lung Compensation Insurance Fund 
established under subsection (a) of this section (hereinafter in this 
section referred to as the ``insurance fund'') shall assume all or part 
of the liability of such operator in return for the payment of premiums 
to the insurance fund, and on such terms and conditions as will fully 
protect the financial solvency of the insurance fund. During any period 
in which such agreement is in effect the operator shall be deemed in 
compliance with the requirements of section 933 of this title with 
respect to the risks covered by such agreement.
    (2) The Secretary may also enter into reinsurance agreements with 
one or more insurers or pools of insurers under which, in return for the 
payment of premiums to the insurance fund, and on such terms and 
conditions as will fully protect the financial solvency of the insurance 
fund, the insurance fund shall provide reinsurance coverage for benefits 
required to be paid under section 932 of this title.

(d) Terms and conditions of insurability

    The Secretary may by regulation provide for general terms and 
conditions of insurability as applicable to operators of coal mines or 
insurers eligible for insurance or reinsurance under this section, 
including--
        (1) the types, classes, and locations of operators or facilities 
    which shall be eligible for such insurance or reinsurance;
        (2) the classification, limitation, and rejection of any 
    operator or facility which may be advisable;
        (3) appropriate premiums for different classifications of 
    operators or facilities;
        (4) appropriate loss deductibles;
        (5) experience rating; and
        (6) any other terms and conditions relating to insurance or 
    reinsurance coverage or exclusion which may be appropriate to carry 
    out the purposes of this section.

(e) Premium schedule studies and investigations

    The Secretary may undertake and carry out such studies and 
investigations, and receive or exchange such information, as may be 
necessary to formulate a premium schedule which will enable the 
insurance and reinsurance authorized by this section to be provided on a 
basis which is (1) in accordance with accepted actuarial principles; and 
(2) fair and equitable.

(f) Regulations relating to premium rates

    (1) On the basis of estimates made by the Secretary in formulating a 
premium schedule under subsection (e) of this section, and such other 
information as may be available, the Secretary shall from time to time 
prescribe by regulation the chargeable premium rates for types and 
classes of insurers, operators of coal mines, and facilities for which 
insurance or reinsurance coverage shall be available under this section 
and the terms and conditions under which, and the area within which, 
such insurance or reinsurance shall be available and such rates shall 
apply.
    (2) Such premium rates shall be (A) based on a consideration of the 
risks involved, taking into account differences, if any, in risks based 
on location, type of operations, facilities, type of coal, experience, 
and any other matter which may be considered under accepted actuarial 
principles; and (B) adequate, on the basis of accepted actuarial 
principles, to provide reserves for anticipated losses.
    (3) All premiums received by the Secretary shall be paid into the 
insurance fund.

(g) Black Lung Compensation Insurance Fund

    (1) The Secretary may establish in the Department of Labor a Black 
Lung Compensation Insurance Fund which shall be available, without 
fiscal year limitation--
        (A) to pay claims of miners for benefits covered by insurance or 
    reinsurance issued under this section;
        (B) to pay the administrative expenses of carrying out the black 
    lung compensation insurance program under this section; and
        (C) to repay to the Secretary of the Treasury such sums as may 
    be borrowed in accordance with the authority provided in subsection 
    (i) of this section.

    (2) The insurance fund shall be credited with--
        (A) premiums, fees, or other charges which may be collected in 
    connection with insurance or reinsurance coverage provided under 
    this section;
        (B) such amounts as may be advanced to the insurance fund from 
    appropriations in order to maintain the insurance fund in an 
    operative condition adequate to meet its liabilities; and
        (C) income which may be earned on investments of the insurance 
    fund pursuant to paragraph (3).

    (3) If, after all outstanding current obligations of the insurance 
fund have been liquidated and any outstanding amounts which may have 
been advanced to the insurance fund from appropriations authorized under 
subsection (i) of this section have been credited to the appropriation 
from which advanced, the Secretary determines that the moneys of the 
insurance fund are in excess of current needs, he or she may request the 
investment of such amounts as he or she deems advisable by the Secretary 
of the Treasury in public debt securities with maturities suitable for 
the needs of the insurance fund and bearing interest at prevailing 
market rates.

(h) Omitted

(i) Authorization of appropriations

    There are authorized to be appropriated to the insurance fund, as 
repayable advances, such sums as may be necessary to meet obligations 
incurred under subsection (g) of this section. All such sums shall 
remain available without fiscal year limitation. Advances made pursuant 
to this subsection shall be repaid, with interest, to the general fund 
of the Treasury when the Secretary determines that moneys are available 
in the insurance fund for such repayments. Interest on such advances 
shall be computed in the same manner as provided in subsection (b)(2) of 
section 934a \1\ of this title.
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    \1\ See References in Text note below.
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(Pub. L. 91-173, title IV, Sec. 433, as added Pub. L. 95-239, Sec. 13, 
Mar. 1, 1978, 92 Stat. 101.)

                       References in Text

    Section 934a of this title, referred to in subsec. (i), was repealed 
by Pub. L. 97-119, title I, Sec. 103(b), Dec. 29, 1981, 95 Stat. 1638. 
See section 9501(c) of Title 26, Internal Revenue Code.

                          Codification

    Subsec. (h) of this section, which required the Secretary to report 
to Congress not later than April 1 of each year on the financial 
condition and operation of the insurance fund, terminated, effective May 
15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set 
out as a note under section 1113 of Title 31, Money and Finance. See, 
also, page 124 of House Document No. 103-7.


                             Effective Date

    Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-239, 
set out as an Effective Date of 1978 Amendment note under section 901 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in title 26 section 9501.
