Title 30 — Mineral Lands and Mining

Chapter 25 — Surface Mining Control and Reclamation

§ 1232. Reclamation fee

Statutory text

Payment; rate

All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 22.4 cents per ton of coal produced by surface coal mining and 9.6 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 6.4 cents per ton, whichever is less.

Due date

Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September 30, 2034.

Submission of statement

Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,1 or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under section 1256 of this title and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly reports under this subsection shall be maintained by the Secretary in a computerized database.

Penalty

Any person, corporate officer, agent or director, on behalf of a coal mine operator, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both.

The Secretary shall conduct such audits of coal production and the payment of fees under this subchapter as may be necessary to ensure full compliance with the provisions of this subchapter. For purposes of performing such audits the Secretary (or any duly designated officer, employee, or representative of the Secretary) shall, at all reasonable times, upon request, have access to, and may copy, all books, papers, and other documents of any person subject to the provisions of this subchapter. The Secretary may at any time conduct audits of any surface coal mining and reclamation operation, including without limitation, tipples and preparation plants, as may be necessary in the judgment of the Secretary to ensure full and complete payment of the fees under this subchapter.

Civil action to recover fee

Any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from coal mine operators, in any court of competent jurisdiction in any action at law to compel payment of debts.

Cooperation from other agencies

All Federal and State agencies shall fully cooperate with the Secretary of the Interior in the enforcement of this section. Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of section 4121 of title 26.

Allocation of funds

Except as provided in subsection (h), moneys deposited into the fund shall be allocated by the Secretary to accomplish the purposes of this subchapter as follows:

50 percent of the reclamation fees collected annually in any State (other than fees collected with respect to Indian lands) shall be allocated annually by the Secretary to the State, subject to such State having each of the following:

An approved abandoned mine reclamation program pursuant to section 1235 of this title.

Lands and waters which are eligible pursuant to section 1234 of this title (in the case of a State not certified under section 1240a(a) of this title) or pursuant to section 1240a(b) of this title (in the case of a State certified under section 1240a(a) of this title).

50 percent of the reclamation fees collected annually with respect to Indian lands shall be allocated annually by the Secretary to the Indian tribe having jurisdiction over such lands, subject to such tribe having each of the following:

an 2 approved abandoned mine reclamation program pursuant to section 1235 of this title.

Lands and waters which are eligible pursuant to section 1234 of this title (in the case of an Indian tribe not certified under section 1240a(a) of this title) or pursuant to section 1240a(b) of this title (in the case of a tribe certified under section 1240a(a) of this title).

The funds allocated by the Secretary under this paragraph to States and Indian tribes shall only be used for annual reclamation project construction and program administration grants.

To the extent not expended within 3 years after the date of any grant award under this paragraph (except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years), such grant shall be available for expenditure by the Secretary under paragraph (5).

In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall ensure strict compliance by the States and Indian tribes with the priorities described in section 1233(a) of this title until a certification is made under section 1240a(a) of this title.

Amounts available in the fund which are not allocated to States and Indian tribes under paragraph (1) or allocated under paragraph (5) are authorized to be expended by the Secretary for any of the following:

For the purpose of section 1257(c) of this title, either directly or through grants to the States, subject to the limitation contained in section 1231(c)(9) of this title.

For the purpose of section 1240 of this title (relating to emergencies).

For the purpose of meeting the objectives of the fund set forth in section 1233(a) of this title for eligible lands and waters pursuant to section 1234 of this title in States and on Indian lands where the State or Indian tribe does not have an approved abandoned mine reclamation program pursuant to section 1235 of this title.

For the administration of this subchapter by the Secretary.

For the purpose of paragraph (8).

Amounts available in the fund which are not allocated under paragraphs (1), (2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be expended by the Secretary under this paragraph for the reclamation or drainage abatement of lands and waters within unreclaimed sites which are mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and left in an inadequate reclamation status.

Funds made available under this paragraph may be used for reclamation or drainage abatement at a site referred to in subparagraph (A) if the Secretary makes either of the following findings:

A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before the date on which the Secretary approved a State program pursuant to section 1253 of this title for a State in which the site is located, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site.

A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and that the surety of such mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.

In determining which sites to reclaim pursuant to this paragraph, the Secretary shall follow the priorities stated in paragraphs (1) and (2) of section 1233(a) of this title. The Secretary shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a local community.

Amounts collected from the assessment of civil penalties under section 1268 of this title are authorized to be appropriated to carry out this paragraph.

Any State may expend grants made available under paragraphs (1) and (5) for reclamation and abatement of any site referred to in subparagraph (A) if the State, with the concurrence of the Secretary, makes either of the findings referred to in clause (i) or (ii) of subparagraph (B) and if the State determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for eligible lands and waters pursuant to section 1234 of this title under the priorities stated in paragraphs (1) and (2) of section 1233(a) of this title.

For the purposes of the certification referred to in section 1240a(a) of this title, sites referred to in subparagraph (A) of this paragraph shall be considered as having the same priorities as those stated in section 1233(a) of this title for eligible lands and waters pursuant to section 1234 of this title. All sites referred to in subparagraph (A) of this paragraph within any State shall be reclaimed prior to such State making the certification referred to in section 1240a(a) of this title.

The Secretary shall allocate 60 percent of the amount in the fund after making the allocation referred to in paragraph (1) for making additional annual grants to States and Indian tribes which are not certified under section 1240a(a) of this title to supplement grants received by such States and Indian tribes pursuant to paragraph (1)(C) until the priorities stated in paragraphs (1) and (2) of section 1233(a) of this title have been achieved by such State or Indian tribe. The allocation of such funds for the purpose of making such expenditures shall be through a formula based on the amount of coal historically produced in the State or from the Indian lands concerned prior to August 3, 1977. Funds made available under paragraph (3) or (4) of this subsection for any State or Indian tribe shall not be deducted against any allocation of funds to the State or Indian tribe under paragraph (1) or under this paragraph.

Any amount that is reallocated and available under section 1240a(h)(3) of this title shall be in addition to amounts that are allocated under subparagraph (A).

Any State with an approved abandoned mine reclamation program pursuant to section 1235 of this title may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D), up to 30 percent of the total of the grants made annually to the State under paragraphs (1) and (5) if those amounts are deposited into an acid mine drainage abatement and treatment fund established under State law, from which amounts (together with all interest earned on the amounts) are expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices.

In this paragraph, the term “qualified hydrologic unit” means a hydrologic unit—

in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and

that contains land and water that are—

eligible pursuant to section 1234 of this title and include any of the priorities described in section 1233(a) of this title; and

the subject of expenditures by the State from the forfeiture of bonds required under section 1259 of this title or from other States sources to abate and treat acid mine drainage.

In complying with the priorities described in section 1233(a) of this title, any State or Indian tribe may use amounts available in grants made annually to the State or tribe under paragraphs (1) and (5) for the reclamation of eligible land and water described in section 1233(a)(3) of this title before the completion of reclamation projects under paragraphs (1) and (2) of section 1233(a) of this title only if the expenditure of funds for the reclamation is done in conjunction with the expenditure before, on, or after December 20, 2006, of funds for reclamation projects under paragraphs (1) and (2) of section 1233(a) of this title.

In making funds available under this subchapter, the Secretary shall ensure that the grant awards total not less than $3,000,000 annually to each State and each Indian tribe having an approved abandoned mine reclamation program pursuant to section 1235 of this title and eligible land and water pursuant to section 1234 of this title, so long as an allocation of funds to the State or tribe is necessary to achieve the priorities stated in paragraphs (1) and (2) of section 1233(a) of this title.

Notwithstanding any other provision of law, this paragraph applies to the States of Tennessee and Missouri.

Transfers of interest earned by Fund

In general

Transfers to Combined Benefit Fund

As soon as practicable after the beginning of fiscal year 2007 and each fiscal year thereafter, and before making any allocation with respect to the fiscal year under subsection (g), the Secretary shall use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of such fund to offset the amount of any deficit in net assets in the Combined Benefit Fund as of October 1, 2006, and to make the transfer described in paragraph (2)(A).

Transfers to 1992 and 1993 plans

As soon as practicable after the beginning of fiscal year 2008 and each fiscal year thereafter, and before making any allocation with respect to the fiscal year under subsection (g), the Secretary shall use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year (reduced by the amount used under subparagraph (A)) to make the transfers described in paragraphs (2)(B) and (2)(C).

Transfers described

The transfers referred to in paragraph (1) are the following:

United Mine Workers of America Combined Benefit Fund

A transfer to the United Mine Workers of America Combined Benefit Fund equal to the amount that the trustees of the Combined Benefit Fund estimate will be expended from the fund for the fiscal year in which the transfer is made, reduced by—

the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during the fiscal year in—

required premiums; and

payments paid by Federal agencies in connection with benefits provided by the Combined Benefit Fund; and

the amount the trustees of the Combined Benefit Fund estimate will be expended during the fiscal year to provide health benefits to beneficiaries who are unassigned beneficiaries solely as a result of the application of section 9706(h)(1) of title 26, but only to the extent that such amount does not exceed the amounts described in subsection (i)(1)(A) that the Secretary estimates will be available to pay such estimated expenditures.

United Mine Workers of America 1992 Benefit Plan

A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between—

the amount that the trustees of the 1992 UMWA Benefit Plan estimate will be expended from the 1992 UMWA Benefit Plan during the next calendar year to provide the benefits required by the 1992 UMWA Benefit Plan on December 20, 2006; minus

the amount that the trustees of the 1992 UMWA Benefit Plan estimate the 1992 UMWA Benefit Plan will receive during the next calendar year in—

required monthly per beneficiary premiums, including the amount of any security provided to the 1992 UMWA Benefit Plan that is available for use in the provision of benefits; and

payments paid by Federal agencies in connection with benefits provided by the 1992 UMWA Benefit Plan.

Multiemployer Health Benefit Plan

Transfer to the Plan

A transfer to the Multiemployer Health Benefit Plan established after July 20, 1992, by the parties that are the settlors of the 1992 UMWA Benefit Plan referred to in subparagraph (B) (referred to in this subparagraph and subparagraph (D) as “the Plan”), in an amount equal to the excess (if any) of—

the amount that the trustees of the Plan estimate will be expended from the Plan during the next calendar year, to provide benefits no greater than those provided by the Plan as of December 31, 2006; over

the amount that the trustees estimated the Plan will receive during the next calendar year in payments paid by Federal agencies in connection with benefits provided by the Plan.

Calculation of excess

The excess determined under clause (i) shall be calculated by taking into account only—

those beneficiaries actually enrolled in the Plan as of December 27, 2020, 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;

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 title 26) or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, 2019, or any year thereafter,1 (or, in the case of any such health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced); and

the cost of administering the resolution of disputes process administered (as of December 27, 2020) by the Trustees of the Plan.

For purposes of subclause (I), a beneficiary enrolled in the Plan as of December 27, 2020, shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2020.

Eligibility of certain retirees

Individuals referred to in clause (ii)(II) shall be treated as eligible to receive health benefits under the Plan.

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).

VEBA transfer

The administrator of such voluntary employees’ beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association.

Related coal wage agreement

For purposes of clause (ii), the term “related coal wage agreement” means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that—

is a signatory operator; or

is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a signatory operator or a related person to a signatory operator (as those terms are defined in section 9701(c) of title 26).

Individuals considered enrolled

For purposes of subparagraph (C), any individual who was eligible to receive benefits from the Plan as of December 20, 2006, even though benefits were being provided to the individual pursuant to a settlement agreement approved by order of a bankruptcy court entered on or before September 30, 2004, will be considered to be actually enrolled in the Plan and shall receive benefits from the Plan beginning on December 31, 2006.

Adjustment

If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year.

Additional amounts

Previously credited interest

Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section—

shall be held in reserve by the Secretary until such time as necessary to make the payments under subparagraphs (A) and (B) of subsection (i)(1), as described in clause (ii); and

in the event that the amounts described in subsection (i)(1) are insufficient to make the maximum payments described in subparagraphs (A) and (B) of subsection (i)(1), shall be used by the Secretary to supplement the payments so that the maximum amount permitted under those paragraphs is paid.

Previously allocated amounts

All amounts allocated under subsection (g)(2) before December 20, 2006, for the program described in section 1236 of this title, but not appropriated before December 20, 2006, shall be available to the Secretary to make the transfers described in paragraph (2).

Adequacy of previously credited interest

The Secretary shall—

consult with the trustees of the plans described in paragraph (2) at reasonable intervals; and

notify Congress if a determination is made that the amounts held in reserve under subparagraph (A) are insufficient to meet future requirements under subparagraph (A)(ii).

Additional reserve amounts

In addition to amounts held in reserve under subparagraph (A), there is authorized to be appropriated such sums as may be necessary for transfer to the fund to carry out the purposes of subparagraph (A)(ii).

Inapplicability of cap

The limitation described in subsection (i)(3)(A) shall not apply to payments made from the reserve fund under this paragraph.

Limitations

Availability of funds for next fiscal year

The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a calendar year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after the transfer, for the next fiscal year for making the transfer under paragraph (2)(A).

Rate of contributions of obligors

In general

Rate

A transfer under paragraph (2)(C) shall not be made for a calendar year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before December 20, 2006.

Application

The contributions described in subclause (I) shall be applied first to the provision of benefits to those plan beneficiaries who are not described in paragraph (2)(C)(ii).

Initial contributions

In general

From December 20, 2006, through December 31, 2010, the persons that, on December 20, 2006, are obligated to contribute to the plan referred to in paragraph (2)(C) shall be obligated, collectively, to make contributions equal to the amount described in paragraph (2)(C), less the amount actually transferred due to the operation of subparagraph (C).

First calendar year

Calendar year 2006 is the first calendar year for which contributions are required under this clause.

Amount of contribution for 2006

Except as provided in subclause (IV), the amount described in paragraph (2)(C) for calendar year 2006 shall be calculated as if paragraph (2)(C) had been in effect during 2005.

Limitation

The contributions required under this clause for calendar year 2006 shall not exceed the amount necessary for solvency of the plan described in paragraph (2)(C), measured as of December 31, 2006, and taking into account all assets held by the plan as of that date.

Division

The collective annual contribution obligation required under clause (ii) shall be divided among the persons subject to the obligation, and applied uniformly, based on the hours worked for which contributions referred to in clause (i) would be owed.

Phase-in of transfers

For each of calendar years 2008 through 2010, the transfers required under subparagraphs (B) and (C) of paragraph (2) shall equal the following amounts:

For calendar year 2008, the Secretary shall make transfers equal to 25 percent of the amounts that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).

For calendar year 2009, the Secretary shall make transfers equal to 50 percent of the amounts that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).

For calendar year 2010, the Secretary shall make transfers equal to 75 percent of the amounts that would otherwise be required under subparagraphs (B) and (C) of paragraph (2).

Funding

In general

Subject to paragraph (3), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the plans described in subsection (h)(2) such sums as are necessary to pay the following amounts:

To the Combined Fund (as defined in section 9701(a)(5) of title 26 and referred to in this paragraph as the “Combined Fund”), the amount that the trustees of the Combined Fund estimate will be expended from premium accounts maintained by the Combined Fund for the fiscal year to provide benefits for beneficiaries who are unassigned beneficiaries solely as a result of the application of section 9706(h)(1) of title 26, subject to the following limitations:

For fiscal year 2008, the amount paid under this subparagraph shall equal—

the amount described in subparagraph (A); minus

the amounts required under section 9706(h)(3)(A) of title 26.

For fiscal year 2009, the amount paid under this subparagraph shall equal—

the amount described in subparagraph (A); minus

the amounts required under section 9706(h)(3)(B) of title 26.

For fiscal year 2010, the amount paid under this subparagraph shall equal—

the amount described in subparagraph (A); minus

the amounts required under section 9706(h)(3)(C) of title 26.

On certification by the trustees of any plan described in subsection (h)(2) that the amount available for transfer by the Secretary pursuant to this section (determined after application of any limitation under subsection (h)(5)) is less than the amount required to be transferred, to the plan the amount necessary to meet the requirement of subsection (h)(2).

To the Combined Fund, $9,000,000 on October 1, 2007, $9,000,000 on October 1, 2008, $9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010 (which amounts shall not be exceeded) to provide a refund of any premium (as described in section 9704(a) of title 26) paid on or before September 7, 2000, to the Combined Fund, plus interest on the premium calculated at the rate of 7.5 percent per year, on a proportional basis and to be paid not later than 60 days after the date on which each payment is received by the Combined Fund, to those signatory operators (to the extent that the Combined Fund has not previously returned the premium amounts to the operators), or any related persons to the operators (as defined in section 9701(c) of title 26), or their heirs, successors, or assigns who have been denied the refunds as the result of final judgments or settlements if—

prior to December 20, 2006, the signatory operator (or any related person to the operator)—

had all of its beneficiary assignments made under section 9706 of title 26 voided by the Commissioner of the Social Security Administration; and

was subject to a final judgment or final settlement of litigation adverse to a claim by the operator that the assignment of beneficiaries under section 9706 of title 26 was unconstitutional as applied to the operator; and

on or before September 7, 2000, the signatory operator (or any related person to the operator) had paid to the Combined Fund any premium amount that had not been refunded.

Payments to States and Indian tribes

Subject to paragraph (3), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior for distribution to States and Indian tribes such sums as are necessary to pay amounts described in paragraphs (1)(A) and (2)(A) of section 1240a(h) of this title.

Limitations

Cap

The total amount transferred under this subsection for any fiscal year shall not exceed $750,000,000.

Insufficient amounts

In a case in which the amount required to be transferred without regard to this paragraph exceeds the maximum annual limitation in subparagraph (A), the Secretary shall adjust the transfers of funds under paragraph (1) so that—

each such transfer for the fiscal year is a percentage of the amount described;

the amount is determined without regard to subsection (h)(5)(A); and

the percentage transferred is the same for all transfers made under paragraph (1) for the fiscal year.

Increase in limitation to account for calculation of health benefit plan excess

The dollar limitation under subparagraph (A) shall be increased by the amount of the cost to provide benefits which are taken into account under subsection (h)(2)(C)(ii) solely by reason of the amendments made by section 2(a) of the American Miner Benefits Improvement Act of 2020.

Additional amounts

Calculation

If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan.

Cessation of transfers

The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(j)(2) of title 26) of the 1974 UMWA Pension Plan is at least 100 percent.

Prohibition on benefit increases, etc.

During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of title 26 [26 U.S.C. 401 et seq.].

Critical status to be maintained

Until such time as the 1974 UMWA Pension Plan ceases to be eligible for the transfers described in subparagraph (A)—

the Plan shall be treated as if it were in critical status for purposes of sections 412(b)(3), 432(e)(3), and 4971(g)(1)(A) of title 26 and sections 1082(b)(3) and 1085(e)(3) of title 29;

the Plan shall maintain and comply with its rehabilitation plan under section 432(e) of such Code and section 1085(e) of title 29, including any updates thereto; and

the provisions of subsections (c) and (d) of section 432 of such Code and subsections (c) and (d) of section 1085 of title 29 shall not apply.

Treatment of transfers for purposes of withdrawal liability under ERISA

The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer’s withdrawal liability under section 1381 of title 29.

Requirement to maintain contribution rate

A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before December 20, 2019.

Enhanced annual reporting

In general

Not later than the 90th day of each plan year beginning after December 20, 2019, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary’s delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary’s delegate) that contains—

whether the plan is in endangered or critical status under section 1085 of title 29 and section 432 of title 26 as of the first day of such plan year;

the funded percentage (as defined in section 432(j)(2) of title 26) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage;

the market value of the assets of the plan as of the last day of the plan year preceding such plan year;

the total value of all contributions made during the plan year preceding such plan year;

the total value of all benefits paid during the plan year preceding such plan year;

cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections;

funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections;

the total value of all investment gains or losses during the plan year preceding such plan year;

any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction;

a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions;

a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability;

any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year;

any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan;

details regarding any funding improvement plan or rehabilitation plan and updates to such plan;

the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries;

the information contained on the most recent annual funding notice submitted by the plan under section 1021(f) of title 29;

the information contained on the most recent Department of Labor Form 5500 of the plan; and

copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary’s delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require.

Electronic submission

The report required under clause (i) shall be submitted electronically.

Information sharing

The Secretary of the Treasury or the Secretary’s delegate shall share the information in the report under clause (i) with the Secretary of Labor.

Penalty

Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of title 26, except that section 6652(e) of title 26 shall be applied with respect to any such failure by substituting “$100” for “$25”. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary’s delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report.

1974 UMWA Pension Plan defined

For purposes of this paragraph, the term “1974 UMWA Pension Plan” has the meaning given the term in section 9701(a)(3) of title 26, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.

Availability of funds

Funds shall be transferred under paragraphs (1) and (2) beginning in fiscal year 2008 and each fiscal year thereafter, and shall remain available until expended.

Footnotes

1 So in original. Probably should be “tipple,”.
2 So in original. Probably should be capitalized.
1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1977
Surface Mining Control and Reclamation Act of 1977
Pub. L. 95–87 title IV § 402 · 91 Stat. 445
Enacted · 30 U.S.C. § 1232
Pub. L. 95–87, title IV, § 402, Aug. 3, 1977, 91 Stat. 457
Source evidence
Code source credit
Pub. L. 95–87, title IV, § 402, Aug. 3, 1977, 91 Stat. 457
Enacted provision · exact public law section
Sec. 402. reclamation fee (a) All operators of coal mining operations subject to Payment. 30 USC 1232. the provisions of this Act shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 35 cents per ton of coal produced by surface coal mining and 15 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 10 cents per ton, whichever is less. (b) Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after the date of enactment of this Act, and ending fifteen years after the date of enactment of this Act unless extended by an Act of Congress. (c) Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. (d) Any person, corporate officer, agent or director, on behalf of a coal mine operator, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both. (e) Any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from coal mine operators, in any court of competent jurisdiction in any action at law to compel payment of debts. (f) All Federal and State agencies shall fully cooperate with the Secretary of the Interior in the enforcement of this section. (g) (1) The geographic allocation of expenditures from the fund shall reflect both the area from which the revenue was derived as well as the national program needs for the funds. (2) Fifty per centum of the funds collected annually in any State or Indian reservation shall be allocated to that State or Indian reservation by the Secretary pursuant to any approved abandoned mine reclamation program to accomplish the purposes of this title. Where the Governor of a State or the head of a governing body of a tribe certifies that (i) objectives of the fund set forth in sections 403 and 409 have been achieved, (ii) there is a need for construction of specific public facilities in communities impacted by coal development, (iii) impact funds which may be available under provisions of the Federal Mineral 30 USC 181 note. 31 USC 1601 et seq. Leasing Act of 1920, as amended, or the Act of October 20, 1976, Public Law 94–565 (90 Stat. 2662), are inadequate for such construction, and (iv) the Secretary concurs in such certification, then the Secretary may continue to allocate all or part of the 50 per centum share to that State or tribe for such construction: Provided, however, That if funds under this subparagraph (2) have not been expended within three years after their allocation, they shall be available for expenditure in any eligible area as determined by the Secretary. (3) The balance of funds collected on an annual basis may be expended in any State at the discretion of the Secretary in order to meet the purposes of this title. Such funds may be expended directly by the Secretary or by making additional grants to approved State reclamation programs pursuant to section 405 when the Secretary finds that such programs are the best means of accomplishing the specific reclamation projects. The Secretary shall consult and coordinate with the respective States those projects funded directly or in conjunction with other Federal agencies.
1987
Pub. L. 100–34 title I § 101 · 101 Stat. 300
1. Added · 30 U.S.C. § 1232(g)(3); 30 U.S.C. § 1232(g)(4)
  Pub. L. 100–34 added par. (3)
2. Redesignated · 30 U.S.C. § 1232(g)(3); 30 U.S.C. § 1232(g)(4)
  Pub. L. 100–34 redesignated former par. (3) as (4)
Source evidence
Code amendment note
Subsec. (g)(3), (4). Pub. L. 100–34 added par. (3) and redesignated former par. (3) as (4).
Enacted provision · exact public law section
SEC. 101. AMENDMENT OF SURFACE MINING CONTROL AND RECLAMATION ACT. Section 402(g) of the Surface Mining Control and Reclamation Act 30 USC 1232. of 1977 is amended by redesignating paragraph (3) as paragraph (4) and by adding the following new paragraph after paragraph (2): “(3) Special State Set-Aside for Future Expenditure.— Notwithstanding the proviso contained in paragraph (2), any State may receive and retain, without regard to the three-year limitation referred to in such proviso, up to ten per centum of the appropriated funds granted annually by the Secretary to that State under paragraph (2) if such moneys are deposited in a special trust fund established under State law and such moneys (together with all interest earned on such moneys) may be expended by the State solely to accomplish the purposes of this title after August 3, 1992. All moneys so deposited in special State trust accounts, as well as all interest earned, shall be considered State moneys. This paragraph shall cease to apply to any State for fiscal years after any fiscal year 30 USC 1253. in which approval of the State regulatory program under section 503 is terminated or withdrawn by the Secretary until the first subsequent fiscal year after the fiscal year in which the Secretary reapproves the State program.”.
1990
Abandoned Mine Reclamation Act of 1990
Pub. L. 101–508 § 6003(a) · 104 Stat. 1388
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 101–508, § 6003(a), substituted “ending September 30, 1995” for “ending fifteen years after August 3, 1977, unless extended by an Act of Congress”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–508, § 6003(a), substituted “ending September 30, 1995” for “ending fifteen years after August 3, 1977, unless extended by an Act of Congress”.
Enacted provision · exact public law section
(a) Due Date.— Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “fifteen years after the date of enactment of this Act unless ex-tended by an Act of Congress” and inserting “September 30, 1995”.
1990
Abandoned Mine Reclamation Act of 1990
Pub. L. 101–508 § 6003(b) · 104 Stat. 1388
Inserted · 30 U.S.C. § 1232(c)
Pub. L. 101–508, § 6003(b), inserted at end “Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple, or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under section 1256 of this title and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly reports under this subsection shall be maintained by the Secretary in a computerized database.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–508, § 6003(b), inserted at end “Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple, or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under section 1256 of this title and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly reports under this subsection shall be maintained by the Secretary in a computerized database.”
Enacted provision · exact public law section
(b) Statement.— Section 402(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(c)) is amended by adding the following at the end thereof: “Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,6464 So in original Probably should be “tipple”. or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under section 506 and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly reports under this subsection shall be maintained by the Secretary in a computerized database.”.
1990
Abandoned Mine Reclamation Act of 1990
Pub. L. 101–508 § 6003(c) · 104 Stat. 1388
1. Amended · 30 U.S.C. § 1232(d)
  Pub. L. 101–508, § 6003(c), designated existing provisions as par. (1)
2. Added · 30 U.S.C. § 1232(d)
  Pub. L. 101–508, § 6003(c), added par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–508, § 6003(c), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(c) Audits.— Section 402(d) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(d)) is amended by inserting “(I)” after “(d)” and by adding the following at the end thereof: “(2) The Secretary shall conduct such audits of coal production and the payment of fees under this title as may be necessary to ensure full compliance with the provisions of this title. For purposes of performing such audits the Secretary (or any duly designated officer, employee, or representative of the Secretary) shall, at ail reasonable times, upon request, have access to, and may copy, all books, papers, and other documents of any person subject to the provisions of this title. The Secretary may at any time conduct audits of any surface coal mining and reclamation operation, including without limitation, tipples and preparation plants, as may be necessary in the judgment of the Secretary to ensure full and complete payment of the fees under this title.”.
1990
Abandoned Mine Reclamation Act of 1990
Pub. L. 101–508 § 6003(d) · 104 Stat. 1388
Inserted · 30 U.S.C. § 1232(f)
Pub. L. 101–508, § 6003(d), inserted at end “Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) of this section the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of section 4121 of title 26.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–508, § 6003(d), inserted at end “Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) of this section the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of section 4121 of title 26.”
Enacted provision · exact public law section
(d) Notice.— Section 402(f) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(f)) is amended by adding the following at the end thereof: “Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of section 4121 of the Internal Revenue Code of 1986.”.
1990
Abandoned Mine Reclamation Act of 1990
Pub. L. 101–508 § 6004 · 104 Stat. 1388
1. Amended · 30 U.S.C. § 1232(g)
  Pub. L. 101–508, § 6004, amended subsec. (g) generally
2. Substituted · 30 U.S.C. § 1232(g)
  Pub. L. 101–508, § 6004, substituting present provisions for provisions relating to geographic allocation of expenditures from the fund, providing for allocation of 50 percent of funds collected annually in any State or Indian reservation to that State or Indian reservation pursuant to approved reclamation program, providing for special State set-aside for future expenditure, and authorizing expenditure of balance of funds collected at discretion of Secretary in order to meet the purposes of this subchapter
Source evidence
Code amendment note
Subsec. (g). Pub. L. 101–508, § 6004, amended subsec. (g) generally, substituting present provisions for provisions relating to geographic allocation of expenditures from the fund, providing for allocation of 50 percent of funds collected annually in any State or Indian reservation to that State or Indian reservation pursuant to approved reclamation program, providing for special State set-aside for future expenditure, and authorizing expenditure of balance of funds collected at discretion of Secretary in order to meet the purposes of this subchapter.
Enacted provision · exact public law section
SEC. 6004. ALLOCATION OF FUNDS. Section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended to read as follows: “(g) Allocation of Funds.— (1) Moneys deposited into the fund shall be allocated by the Secretary to accomplish the purposes of this title as follows: “(A) 50 percent of the reclamation fees collected annually in any State (other than fees collected with respect to Indian lands) shall be allocated annually by the Secretary to the State, subject to such State having each of the following: “(i) An approved abandoned mine reclamation program pursuant to section 405. “(ii) Lands and waters which are eligible pursuant to section 404 (in the case of a State not certified under section 411(a)) or pursuant to section 411(b) (in the case of a State certified under section 411(a)). “(B) 50 percent of the reclamation fees collected annually with respect to Indian lands shall be allocated annually by the Secretary to the Indian tribe having jurisdiction over such lands, subject to such tribe having each of the following: “(i) an approved abandoned mine reclamation program pursuant to section 405. “(ii) Lands and waters which are eligible pursuant to section 404 (in the case of an Indian tribe not certified under section 411(a)) or pursuant to section 411(b) (in the case of a tribe certified under section 411(a)). “(C) The funds allocated by the Secretary under this paragraph to States and Indian tribes shall only be used for annual reclamation project construction and program administration grants. “(D) To the extent not expended within 3 years after the date of any grant award under this paragraph, such grant shall be available for expenditure by the Secretary in any area under paragraph (2), (3), (4), or (5). “(2) 20 percent of the amounts available in the fund in any fiscal year which are not allocated under paragraph (1) in that fiscal year (including that interest accruing as provided in section 401(e) and including funds available for reallocation pursuant to paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the annual transfer to the Secretary of Agriculture under section 401(c)(2). “(3) Amounts available in the fund which are not allocated to States and Indian tribes under paragraph (1) or allocated under paragraphs (2) and (5) are authorized to be expended by the Secretary for any of the following: “(A) For the purpose of section 507(c), either directly or through grants to the States, subject to the limitation contained in section 401(c)(H). “(B) For the purpose of section 410 (relating to emergencies). “(C) For the purpose of meeting the objectives of the fund set forth in section 403(a) for eligible lands and waters pursuant to section 404 in States and on Indian lands where the State or Indian tribe does not have an approved abandoned mine reclamation program pursuant to section 405. “(D) For the administration of this title by the Secretary. “(4)(A) Amounts available in the fund which are not allocated under paragraphs (1), (2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be expended by the Secretary under this paragraph for the reclamation or drainage abatement of lands and waters within unreclaimed sites which are mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and left in an inadequate reclamation status. “(B) Funds made available under this paragraph may be used for reclamation or drainage abatement at a site referred to in subparagraph (A) if the Secretary makes either of the following findings: “(i) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before the date on which the Secretary approved a State program pursuant to section 503 for a State in which the site is located, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site. “(ii) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before the date of enactment of this paragraph, and that the surety of such mining operator became insolvent during such period, and as of the date of enactment of this paragraph, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site. “(C) In determining which sites to reclaim pursuant to this paragraph, the Secretary shall follow the priorities stated in paragraphs (1) and (2) of section 403(a). The Secretary shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a local community. “(D) Amounts collected from the assessment of civil penalties under section 518 are authorized to be appropriated to carry out this paragraph. “(E) Any State may expend grants made available under paragraphs (1) and (5) for reclamation and abatement of any site referred to in subparagraph (A) if the State, with the concurrence of the Secretary, makes either of the findings referred to in clause (i) or (ii) of subparagraph (B) and if the State determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for eligible lands and waters pursuant to section 404 under the priorities stated in paragraphs (1) and (2) of section 403(a). “(F) For the purposes of the certification referred to in, section 411(a), sites referred to in subparagraph (A) of this paragraph shall be considered as having the same priorities as those stated in section 403(a) for eligible lands and waters pursuant to section 404. All sites referred to in subparagraph (A) of this paragraph within any State shall be reclaimed prior to such State making the certification referred to in section 411(a). “(5) The Secretary shall allocate 40 percent of the amount in the fund after making the allocation referred to in paragraph (1) for making additional annual grants to States and Indian tribes which are not certified under section 411(a) to supplement grants received by such States and Indian tribes pursuant to paragraph (1)(C) until the priorities stated in paragraphs (1) and (2) of section 403(a) have been achieved by such State or Indian tribe. The allocation of such funds for the purpose of making such expenditures shall be through a formula based on the amount of coal historically produced in the State or from the Indian lands concerned prior to August 3, 1977. Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4) of this subsection for any State or Indian tribe shall not be deducted against any allocation of funds to the State or Indian tribe under paragraph (1) or under this paragraph. “(6) Any State may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D), up to 10 percent of the total of the grants made annually to such State under paragraphs (1) and (5) if such amounts are deposited into either— “(A) a special trust fund established under State law pursuant to which such amounts (together with all interest earned on such amounts) are expended by the State solely to achieve the priorities stated in section 403(a) after September 30, 1995, or “(B) an acid mine drainage abatement and treatment fund established under State law as provided in paragraph (7). “(7) (A) Any State may establish under State law an acid mine drainage abatement and treatment fund from which amounts (together with all interest earned on such amounts) are expended by the State to implement, in consultation with the Soil Conservation Service, acid mine drainage abatement and treatment plans approved by the Secretary. Such plans shall provide for the comprehensive abatement of the causes and treatment of the effects of acid mine drainage within qualified hydrologic units affected by coal mining practices. “(B) The plan shall include, but shall not be limited to, each of the following: “(i) An identification of the qualified hydrologic unit. “(ii) The extent to which acid mine drainage is affecting the water quality and biological resources within the hydrologic unit. “(iii) An identification of the sources of acid mine drainage within the hydrologic unit. “(iv) An identification of individual projects and the measures proposed to be undertaken to abate and treat the causes or effects of acid mine drainage within the hydrologic unit. “(v) The cost of undertaking the proposed abatement and treatment measures. “(vi) An identification of existing and proposed sources of funding for such measures. “(vii) An analysis of the cost-effectiveness and environmental benefits of abatement and treatment measures. “(C) The Secretary may approve any plan under this paragraph only after determining that such plan meets the requirements of this paragraph. In conducting an analysis of the items referred to in clauses (iv), (v), and (vii) the Director of the Office of Surface Mining shall obtain the comments of the Director of the Bureau of Mines. In approving plans under this paragraph, the Secretary shall give a priority to those plans which will be implemented in coordination with measures undertaken by the Secretary of Agriculture under section 406. “(D) For purposes of this paragraph, the term ‘qualified hydrologic unit’ means a hydrologic unit— “(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner which adversely impacts biological resources; and “(ii) which contains lands and waters which are— “(I) eligible pursuant to section 404 and include any of the priorities stated in paragraph (1), (2), or (3) of section 403(a); and “(II) proposed to be the subject of the expenditures by the State (from amounts available from the forfeiture of bonds required under section 509 or from other State sources) to mitigate acid mine drainage. “(8) Of the funds available for expenditure under this subsection in any fiscal year, the Secretary shall allocate annually not less than $2,000,000 for expenditure in each State, and for each Indian tribe, having an approved abandoned mine reclamation program pursuant to section 405 and eligible lands and waters pursuant to section 404 so long as an allocation of funds to such State or such tribe is necessary to achieve the priorities stated in paragraphs (1) and (2) of section 403(a).”.
1992
Energy Policy Act of 1992
Pub. L. 102–486 § 2515 · 106 Stat. 2776
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 102–486, § 2515, which directed that subsec. (b) be amended by substituting “2004, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” for “1995”, was executed by inserting “, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” after “2004”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 102–486, § 19143(b)(1). See below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–486, § 2515, which directed that subsec. (b) be amended by substituting “2004, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” for “1995”, was executed by inserting “, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” after “2004”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 102–486, § 19143(b)(1). See below.
Enacted provision · exact public law section
SEC. 2515. AMENDMENT TO SURFACE MINING ACT. Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “1995” and inserting in lieu thereof “2004, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h)”.
1992
Coal Industry Retiree Health Benefit Act of 1992
Pub. L. 102–486 § 19143(b)(1) · 106 Stat. 2776
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 102–486, § 19143(b)(1), substituted “2004” for “1995” before period at end
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–486, § 19143(b)(1), substituted “2004” for “1995” before period at end.
Enacted provision · exact public law section
(1) Extension of fee program.— Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “September 30, 1995” and inserting “September 30, 2004”.
1992
Coal Industry Retiree Health Benefit Act of 1992
Pub. L. 102–486 § 19143(b)(3)(B) · 106 Stat. 2776
Substituted · 30 U.S.C. § 1232(g)(1)
Pub. L. 102–486, § 19143(b)(3)(B), substituted “Except as provided in subsection (h) of this section, moneys” for “Moneys”
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 102–486, § 19143(b)(3)(B), substituted “Except as provided in subsection (h) of this section, moneys” for “Moneys”.
Enacted provision · exact public law section
(B) Section 402(g)1) of such Act (30 U.S.C. 1232(g)) is amended by striking “Moneys” and inserting “Except as provided in subsection (h), moneys”.
1992
Coal Industry Retiree Health Benefit Act of 1992
Pub. L. 102–486 § 19143(b)(2) · 106 Stat. 2776
Added · 30 U.S.C. § 1232(h)
Pub. L. 102–486, § 19143(b)(2), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 102–486, § 19143(b)(2), added subsec. (h).
Enacted provision · exact public law section
(2) Transfer to fund.— Section 402 of such Act (30 U.S.C. 1232) is amended by adding at the end the following new subsection: “(h) Transfer of Funds to Combined Fund.— (1) In the case of any fiscal year beginning on or after October 1, 1995, with respect to which fees are required to be paid under this section, the Secretary shall, as of the beginning of such fiscal year and before any allocation under subsection (g), make the transfer provided in paragraph (2). “(2) The Secretary shall transfer from the fund to the United Mine Workers of America Combined Benefit Fund established under section 9702 of the Internal Revenue Code of 1986 for any fiscal year an amount equal to the sum of— “(A) the amount of the interest which the Secretary estimates will be earned and paid to the Fund during the fiscal year, plus “(B) the amount by which the amount described in subparagraph (A) is less than $70,000,000. “(3) (A) The aggregate amount which may be transferred under paragraph (2) for any fiscal year shall not exceed the amount of expenditures which the trustees of the Combined Fund estimate will be debited against the unassigned beneficiaries premium account under section 9704(e) of the Internal Revenue Code of 1986 for the fiscal year of the Combined Fund in which the transfer is made. “(B) The aggregate amount which may be transferred under paragraph (2)(B) for all fiscal years shall not exceed an amount equivalent to all interest earned and paid to the fund after September 30, 1992, and before October 1, 1995. “(4) If, for any fiscal year, the amount transferred is more or less than the amount required to be transferred, the Secretary shall appropriately adjust the amount transferred for the next fiscal year.”
2004
Department of the Interior and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 div. E title I § 135(a) · 118 Stat. 2809
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 108–447 substituted “June 30, 2005” for “September 30, 2004”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 108–447 substituted “June 30, 2005” for “September 30, 2004”.
Enacted provision · exact public law section
(a) Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “September 30, 2004” and inserting “June 30, 2005”.
2005
Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
Pub. L. 109–13 div. A title VI § 6035 · 119 Stat. 231
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 109–13 substituted “September 30, 2005” for “June 30, 2005”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–13 substituted “September 30, 2005” for “June 30, 2005”.
Enacted provision · exact public law section
Sec. 6035. surface mining control and reclamation act Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “June 30, 2005,” and inserting “September 30, 2005,”.
2005
Pub. L. 109–54 title I § 129 · 119 Stat. 499
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 109–54 substituted “June 30, 2006” for “September 30, 2005”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–54 substituted “June 30, 2006” for “September 30, 2005”.
Enacted provision · exact public law section
Sec. 129. Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “September 30, 2005,” and inserting “June 30, 2006,”.
2006
Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
Pub. L. 109–234 title VII § 7007 · 120 Stat. 418
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 109–234 substituted “September 30, 2007” for “June 30, 2006”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–234 substituted “September 30, 2007” for “June 30, 2006”.
Enacted provision · exact public law section
Sec. 7007. Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “June 30, 2006” and inserting “September 30, 2007”.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(a)(2) · 120 Stat. 2922
1. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 109–432, § 202(a)(2), substituted “28” for “31.5”
2. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 109–432, § 202(a)(2), substituted “12” for “13.5”
3. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 109–432, § 202(a)(2), substituted “8 cents” for “9 cents”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–432, § 202(a)(2), substituted “28” for “31.5”, “12” for “13.5”, and “8 cents” for “9 cents”.
Enacted provision · exact public law section
(2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(a)(1) · 120 Stat. 2922
1. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 109–432, § 202(a)(1), substituted “31.5” for “35”
2. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 109–432, § 202(a)(1), substituted “13.5” for “15”
3. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 109–432, § 202(a)(1), substituted “9 cents” for “10 cents”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–432, § 202(a)(1), substituted “31.5” for “35”, “13.5” for “15”, and “9 cents” for “10 cents”.
Enacted provision · exact public law section
(1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”,
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(b) · 120 Stat. 2922
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 109–432, § 202(b), substituted “September 30, 2021” for “September 30, 2007, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–432, § 202(b), substituted “September 30, 2021” for “September 30, 2007, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section”.
Enacted provision · exact public law section
(b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(c)(1) · 120 Stat. 2922
1. Inserted · 30 U.S.C. § 1232(g)(1)(D)
  Pub. L. 109–432, § 202(c)(1), inserted “(except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years)” after “this paragraph”
2. Substituted · 30 U.S.C. § 1232(g)(1)(D)
  Pub. L. 109–432, § 202(c)(1), substituted “under paragraph (5)” for “in any area under paragraph (2), (3), (4), or (5)”
Source evidence
Code amendment note
Subsec. (g)(1)(D). Pub. L. 109–432, § 202(c)(1), inserted “(except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years)” after “this paragraph” and substituted “under paragraph (5)” for “in any area under paragraph (2), (3), (4), or (5)”.
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(c)(2) · 120 Stat. 2922
1. Added · 30 U.S.C. § 1232(g)(2)
  Pub. L. 109–432, § 202(c)(2), added par. (2)
2. Struck · 30 U.S.C. § 1232(g)(2)
  Pub. L. 109–432, § 202(c)(2), struck out former par. (2) which read as follows: “20 percent of the amounts available in the fund in any fiscal year which are not allocated under paragraph (1) in that fiscal year (including that interest accruing as provided in section 1231(e) of this title and including funds available for reallocation pursuant to paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the annual transfer to the Secretary of Agriculture under section 1231(c)(2) of this title.”
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 109–432, § 202(c)(2), added par. (2) and struck out former par. (2) which read as follows: “20 percent of the amounts available in the fund in any fiscal year which are not allocated under paragraph (1) in that fiscal year (including that interest accruing as provided in section 1231(e) of this title and including funds available for reallocation pursuant to paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the annual transfer to the Secretary of Agriculture under section 1231(c)(2) of this title.”
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(c)(3)(A) · 120 Stat. 2922
Substituted · 30 U.S.C. § 1232(g)(3)
Pub. L. 109–432, § 202(c)(3)(A), substituted “paragraph (5)” for “paragraphs (2) and (5)” in introductory provisions
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 109–432, § 202(c)(3)(A), substituted “paragraph (5)” for “paragraphs (2) and (5)” in introductory provisions.
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(c)(3)(B) · 120 Stat. 2922
Substituted · 30 U.S.C. § 1232(g)(3)(A)
Pub. L. 109–432, § 202(c)(3)(B), substituted “1231(c)(9)” for “1231(c)(11)”
Source evidence
Code amendment note
Subsec. (g)(3)(A). Pub. L. 109–432, § 202(c)(3)(B), substituted “1231(c)(9)” for “1231(c)(11)”.
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(c)(3)(C) · 120 Stat. 2922
Added · 30 U.S.C. § 1232(g)(3)(E)
Pub. L. 109–432, § 202(c)(3)(C), added subpar. (E)
Source evidence
Code amendment note
Subsec. (g)(3)(E). Pub. L. 109–432, § 202(c)(3)(C), added subpar. (E).
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(c)(4) · 120 Stat. 2922
1. Amended · 30 U.S.C. § 1232(g)(5)
  Pub. L. 109–432, § 202(c)(4), designated existing provisions as subpar. (A), in first sentence
2. Substituted · 30 U.S.C. § 1232(g)(5)
  Pub. L. 109–432, § 202(c)(4), substituted “60” for “40”, in last sentence
3. Substituted · 30 U.S.C. § 1232(g)(5)
  Pub. L. 109–432, § 202(c)(4), substituted “Funds made available under paragraph (3) or (4)” for “Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4)”
4. Added · 30 U.S.C. § 1232(g)(5)
  Pub. L. 109–432, § 202(c)(4), added subpar. (B)
Source evidence
Code amendment note
Subsec. (g)(5). Pub. L. 109–432, § 202(c)(4), designated existing provisions as subpar. (A), in first sentence, substituted “60” for “40”, in last sentence, substituted “Funds made available under paragraph (3) or (4)” for “Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4)”, and added subpar. (B).
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(c)(5) · 120 Stat. 2922
1. Added · 30 U.S.C. § 1232(g)(6)(8)
  Pub. L. 109–432, § 202(c)(5), added pars. (6) to (8)
2. Struck · 30 U.S.C. § 1232(g)(6)(8)
  Pub. L. 109–432, § 202(c)(5), struck out former pars. (6) to (8) which related to authority of any State to receive and retain up to 10 percent of the total of grants, State authority to establish an acid mine drainage abatement and treatment fund and to implement plans for acid mine drainage abatement and treatment, and allocation of not less than $2,000,000 annually for expenditure in each State and for each Indian tribe, having an approved reclamation program and eligible lands and waters
Source evidence
Code amendment note
Subsec. (g)(6) to (8). Pub. L. 109–432, § 202(c)(5), added pars. (6) to (8) and struck out former pars. (6) to (8) which related to authority of any State to receive and retain up to 10 percent of the total of grants, State authority to establish an acid mine drainage abatement and treatment fund and to implement plans for acid mine drainage abatement and treatment, and allocation of not less than $2,000,000 annually for expenditure in each State and for each Indian tribe, having an approved reclamation program and eligible lands and waters.
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 § 202(d) · 120 Stat. 2922
1. Added · 30 U.S.C. § 1232(h); 30 U.S.C. § 1232(i)
  Pub. L. 109–432, § 202(d), added subsecs. (h) and (i)
2. Struck · 30 U.S.C. § 1232(h); 30 U.S.C. § 1232(i)
  Pub. L. 109–432, § 202(d), struck out former subsec. (h) which related to transfer of funds to the United Mine Workers of America Combined Benefit Fund
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 109–432, § 202(d), added subsecs. (h) and (i) and struck out former subsec. (h) which related to transfer of funds to the United Mine Workers of America Combined Benefit Fund.
Enacted provision · exact public law section
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.— Section 54 is amended— (1) by striking “$800,000,000” in subsection (f)(1) and inserting “$1,200,000,000”, (2) by striking “$500,000,000” in subsection (f)(2) and inserting “$750,000,000”, and (3) by striking “December 31, 2007” in subsection (m) and inserting “December 31, 2008”. (b) Effective Dates.— (1) In general.— The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to bonds issued after December 31, 2006. (2) Allocations.— The amendment made by subsection (a)(2) shall apply to allocations or reallocations after December 31, 2006.
2008
Tax Extenders and Alternative Minimum Tax Relief Act of 2008
Pub. L. 110–343 div. C title VI § 602 · 122 Stat. 3765
Substituted · 30 U.S.C. § 1232(i)(1)(C)
Pub. L. 110–343 substituted “$9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010” for “and $9,000,000 on October 1, 2009” in introductory provisions
Source evidence
Code amendment note
Subsec. (i)(1)(C). Pub. L. 110–343 substituted “$9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010” for “and $9,000,000 on October 1, 2009” in introductory provisions.
Enacted provision · exact public law section
SEC. 602. TRANSFER TO ABANDONED MINE RECLAMATION FUND. Subparagraph (C) of section 402(i)(1) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(1)) is amended by striking “and $9,000,000 on October 1, 2009” and inserting “$9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010”.
2017
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017
Pub. L. 114–223 div. C § 202(b)(3) · 130 Stat. 857
1. Added · 30 U.S.C. § 1232(h)(2)(C)(ii)
  Pub. L. 114–223, div. C, § 202(b)(3), as added by Pub. L. 115–30, par. (2)
2. Inserted · 30 U.S.C. § 1232(h)(2)(C)(ii)
  Pub. L. 114–223, div. C, § 202(b)(3), as inserted at end of concluding provisions “For purposes of subclause (II)(aa), a beneficiary enrolled in the Plan as of April 28, 2017, shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2017.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–223, div. C, § 202(b)(3), as added by Pub. L. 115–30, par. (2), inserted at end of concluding provisions “For purposes of subclause (II)(aa), a beneficiary enrolled in the Plan as of April 28, 2017, shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2017.”
Enacted provision · exact public law section
Sec. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2017, in this or any other Act, under the “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities” accounts may be transferred among the accounts: Notification. Provided, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the “Medical Facilities” account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.
2017
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017
Pub. L. 114–223 div. C § 202(b)(1) · 130 Stat. 857
1. Added · 30 U.S.C. § 1232(h)(2)(C)(ii)(II)
  Pub. L. 114–223, div. C, § 202(b)(1), as added by Pub. L. 115–30, par. (2)
2. Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)(II)
  Pub. L. 114–223, div. C, § 202(b)(1), as substituted “May 5, 2017” for “April 30, 2017” in introductory provisions
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii)(II). Pub. L. 114–223, div. C, § 202(b)(1), as added by Pub. L. 115–30, par. (2), substituted “May 5, 2017” for “April 30, 2017” in introductory provisions.
Enacted provision · exact public law section
Sec. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2017, in this or any other Act, under the “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities” accounts may be transferred among the accounts: Notification. Provided, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the “Medical Facilities” account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.
2017
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017
Pub. L. 114–223 div. C § 202(b)(2) · 130 Stat. 857
1. Added · 30 U.S.C. § 1232(h)(2)(C)(ii)(II)(aa)
  Pub. L. 114–223, div. C, § 202(b)(2), as added by Pub. L. 115–30, par. (2)
2. Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)(II)(aa)
  Pub. L. 114–223, div. C, § 202(b)(2), as substituted “April 28, 2017” for “December 10, 2016”
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii)(II)(aa). Pub. L. 114–223, div. C, § 202(b)(2), as added by Pub. L. 115–30, par. (2), substituted “April 28, 2017” for “December 10, 2016”.
Enacted provision · exact public law section
Sec. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2017, in this or any other Act, under the “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities” accounts may be transferred among the accounts: Notification. Provided, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the “Medical Facilities” account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.
2016
Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act
Pub. L. 114–223 div. C § 167(b) · 130 Stat. 857
1. Added · 30 U.S.C. § 1232(h)(2)(C)
  Pub. L. 114–223, div. C, § 167(b), as added by Pub. L. 114–254, div. A, § 101(3)
2. Amended · 30 U.S.C. § 1232(h)(2)(C)
  Pub. L. 114–223, div. C, § 167(b), as designated existing provisions as cl. (i)
3. Inserted · 30 U.S.C. § 1232(h)(2)(C)
  Pub. L. 114–223, div. C, § 167(b), as inserted heading
4. Redesignated · 30 U.S.C. § 1232(h)(2)(C)
  Pub. L. 114–223, div. C, § 167(b), as redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), realigned margins
5. Added · 30 U.S.C. § 1232(h)(2)(C)
  Pub. L. 114–223, div. C, § 167(b), as added cls. (ii) to (v)
6. Struck · 30 U.S.C. § 1232(h)(2)(C)
  Pub. L. 114–223, div. C, § 167(b), as struck out concluding provisions which read as follows: “Such excess shall be calculated by taking into account only those beneficiaries actually enrolled in the Plan as of December 31, 2006, who are eligible to receive benefits under the Plan on the first day of the calendar year for which the transfer is made.”
Source evidence
Code amendment note
Subsec. (h)(2)(C). Pub. L. 114–223, div. C, § 167(b), as added by Pub. L. 114–254, div. A, § 101(3), designated existing provisions as cl. (i), inserted heading, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), realigned margins, added cls. (ii) to (v), and struck out concluding provisions which read as follows: “Such excess shall be calculated by taking into account only those beneficiaries actually enrolled in the Plan as of December 31, 2006, who are eligible to receive benefits under the Plan on the first day of the calendar year for which the transfer is made.”
2016
Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act
Pub. L. 114–223 div. C § 167(c) · 130 Stat. 857
1. Added · 30 U.S.C. § 1232(i)(3)(B)
  Pub. L. 114–223, div. C, § 167(c), as added by Pub. L. 114–254, div. A, § 101(3)
2. Substituted · 30 U.S.C. § 1232(i)(3)(B)
  Pub. L. 114–223, div. C, § 167(c), as substituted “under paragraph (1) so that” for “so that” in cl. (iii)
3. Substituted · 30 U.S.C. § 1232(i)(3)(B)
  Pub. L. 114–223, div. C, § 167(c), as substituted “each such transfer” for “each transfer” in cl. (iii)
4. Substituted · 30 U.S.C. § 1232(i)(3)(B)
  Pub. L. 114–223, div. C, § 167(c), as substituted “paragraph (1)” for “this subsection” in cl. (iii)
Source evidence
Code amendment note
Subsec. (i)(3)(B). Pub. L. 114–223, div. C, § 167(c), as added by Pub. L. 114–254, div. A, § 101(3), substituted “under paragraph (1) so that” for “so that” in introductory provisions, “each such transfer” for “each transfer” in cl. (i), and “paragraph (1)” for “this subsection” in cl. (iii).
2017
Department of Commerce Appropriations Act, 2017
Pub. L. 115–31 div. M title I § 104(a) · 131 Stat. 135
1. Added · 30 U.S.C. § 1232(h)(2)(C)(ii)
  Pub. L. 115–31 added cl. (ii)
2. Struck · 30 U.S.C. § 1232(h)(2)(C)(ii)
  Pub. L. 115–31 struck out former cl. (ii) which related to calculation of excess
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii). Pub. L. 115–31 added cl. (ii) and struck out former cl. (ii) which related to calculation of excess.
Enacted provision · exact public law section
Sec. 104. The 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2017: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.
2017
Department of Commerce Appropriations Act, 2017
Pub. L. 115–31 div. M title I § 104(a) · 131 Stat. 135
1. Added · 30 U.S.C. § 1232(h)(2)(C)(iii); 30 U.S.C. § 1232(h)(2)(C)(iv)
  Pub. L. 115–31 added cls. (iii) and (iv)
2. Struck · 30 U.S.C. § 1232(h)(2)(C)(iii); 30 U.S.C. § 1232(h)(2)(C)(iv)
  Pub. L. 115–31 struck out former cls. (iii) and (iv) which read as follows:
Source evidence
Code amendment note
Subsec. (h)(2)(C)(iii), (iv). Pub. L. 115–31 added cls. (iii) and (iv) and struck out former cls. (iii) and (iv) which read as follows:
“(iii) Eligibility of certain retirees.—Individuals referred to in clause (ii)(II)(bb) shall be treated as eligible to receive health benefits under the Plan for the plan year that includes January 1, 2017. “(iv) Requirements for transfer.—The amount of the transfer otherwise determined under this subparagraph for fiscal year 2017 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)(II).”
Enacted provision · exact public law section
Sec. 104. The 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2017: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.
2019
Department of Labor Appropriations Act, 2020
Pub. L. 116–94 § 103(4) · 133 Stat. 2534
Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)
Pub. L. 116–94, § 103(4), substituted “January 1, 2019” for “January 1, 2017” in concluding provisions
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii). Pub. L. 116–94, § 103(4), substituted “January 1, 2019” for “January 1, 2017” in concluding provisions.
Enacted provision · exact public law section
Sec. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.
2019
Department of Labor Appropriations Act, 2020
Pub. L. 116–94 § 103(1) · 133 Stat. 2534
Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)
Pub. L. 116–94, § 103(1), substituted “December 20, 2019” for “May 5, 2017” in subcl. (I) and in concluding provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–94, § 103(1), substituted “December 20, 2019” for “May 5, 2017” in subcl. (I) and in concluding provisions.
Enacted provision · exact public law section
Sec. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.
2019
Department of Labor Appropriations Act, 2020
Pub. L. 116–94 § 103(2) · 133 Stat. 2534
Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)(II)
Pub. L. 116–94, § 103(2), substituted “or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, or 2019” for “, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015”
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii)(II). Pub. L. 116–94, § 103(2), substituted “or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, or 2019” for “, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015”.
Enacted provision · exact public law section
Sec. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.
2019
Department of Labor Appropriations Act, 2020
Pub. L. 116–94 § 103(3) · 133 Stat. 2534
Added · 30 U.S.C. § 1232(h)(2)(C)(ii)(III)
Pub. L. 116–94, § 103(3), added subcl. (III)
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii)(III). Pub. L. 116–94, § 103(3), added subcl. (III).
Enacted provision · exact public law section
Sec. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.
2019
Department of Labor Appropriations Act, 2020
Pub. L. 116–94 § 103(5) · 133 Stat. 2534
Added · 30 U.S.C. § 1232(h)(2)(C)(vi)
Pub. L. 116–94, § 103(5), added cl. (vi)
Source evidence
Code amendment note
Subsec. (h)(2)(C)(vi). Pub. L. 116–94, § 103(5), added cl. (vi).
Enacted provision · exact public law section
Sec. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.
2019
Department of Labor Appropriations Act, 2020
Pub. L. 116–94 § 102(a)(1) · 133 Stat. 2534
Substituted · 30 U.S.C. § 1232(i)(3)(A)
Pub. L. 116–94, § 102(a)(1), substituted “$750,000,000” for “$490,000,000”
Source evidence
Code amendment note
Subsec. (i)(3)(A). Pub. L. 116–94, § 102(a)(1), substituted “$750,000,000” for “$490,000,000”.
Enacted provision · exact public law section
Sec. 102. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.
2019
Department of Labor Appropriations Act, 2020
Pub. L. 116–94 § 102(a)(2) · 133 Stat. 2534
1. Added · 30 U.S.C. § 1232(i)(4); 30 U.S.C. § 1232(i)(5)
  Pub. L. 116–94, § 102(a)(2), (3), added par. (4)
2. Redesignated · 30 U.S.C. § 1232(i)(4); 30 U.S.C. § 1232(i)(5)
  Pub. L. 116–94, § 102(a)(2), (3), redesignated former par. (4) as (5)
Source evidence
Code amendment note
Subsec. (i)(4), (5). Pub. L. 116–94, § 102(a)(2), (3), added par. (4) and redesignated former par. (4) as (5).
Enacted provision · exact public law section
Sec. 102. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.
2020
Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 2(a)(4) · 134 Stat. 1182
Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)
Pub. L. 116–260, § 2(a)(4), substituted “January 1, 2020” for “January 1, 2019” in concluding provisions
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii). Pub. L. 116–260, § 2(a)(4), substituted “January 1, 2020” for “January 1, 2019” in concluding provisions.
Enacted provision · exact public law section
SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. Sec. 7. Adjustments to compensation. Sec. 8. Definition. Sec. 9. Office of Management and Budget Reporting Requirement. DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Agricultural Programs Title II— Farm Production and Conservation Programs Title III— Rural Development Programs Title IV— Domestic Food Programs Title V— Foreign Assistance and Related Programs Title VI— Related Agency and Food and Drug Administration Title VII— General Provisions DIVISION B— COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Commerce Title II— Department of Justice Title III— Science Title IV— Related Agencies Title V— General Provisions DIVISION C— DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021 Title I— Military Personnel Title II— Operation and Maintenance Title III— Procurement Title IV— Research, Development, Test and Evaluation Title V— Revolving and Management Funds Title VI— Other Department of Defense Programs Title VII— Related Agencies Title VIII— General Provisions Title IX— Overseas Contingency Operations DIVISION D— ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Corps of Engineers—Civil Title II— Department of the Interior Title III— Department of Energy Title IV— Independent Agencies Title V— General Provisions DIVISION E— FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021 Title I— Department of the Treasury Title II— Executive Office of the President and Funds Appropriated to the President Title III— The Judiciary Title IV— District of Columbia Title V— Independent Agencies Title VI— General Provisions—This Act Title VII— General Provisions—Government-wide Title VIII— General Provisions—District of Columbia Title IX— General Provision—Emergency Funding DIVISION F— DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021 Title I— Departmental Management, Operations, Intelligence, and Oversight Title II— Security, Enforcement, and Investigations Title III— Protection, Preparedness, Response, and Recovery Title IV— Research, Development, Training, and Services Title V— General Provisions DIVISION G— DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of the Interior Title II— Environmental Protection Agency Title III— Related Agencies Title IV— General Provisions DIVISION H— DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Labor Title II— Department of Health and Human Services Title III— Department of Education Title IV— Related Agencies Title V— General Provisions DIVISION I— LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021 Title I— Legislative Branch Title II— General Provisions DIVISION J— MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Defense Title II— Department of Veterans Affairs Title III— Related Agencies Title IV— Overseas Contingency Operations Title V— General Provisions DIVISION K— DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2021 Title I— Department of State and Related Agency Title II— United States Agency for International Development Title III— Bilateral Economic Assistance Title IV— International Security Assistance Title V— Multilateral Assistance Title VI— Export and Investment Assistance Title VII— General Provisions Title VIII— Nita M. Lowey Middle East Partnership for Peace Act of 2020 Title IX— Emergency Funding and Other Matters DIVISION L— TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Transportation Title II— Department of Housing and Urban Development Title III— Related Agencies Title IV— General Provisions—This Act DIVISION M— CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 DIVISION N— ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF DIVISION O— EXTENSIONS AND TECHNICAL CORRECTIONS Title I— Immigration Extensions Title II— Commission on Black Men and Boys Corrections Title III— U.S. Customs and Border Protection Authority to Accept Donations Extension Title IV— Livestock Mandatory Reporting Extension Title V— Soil Health and Income Protection Pilot Program Extension Title VI— United States-Mexico-Canada Agreement Implementation Act Technical Corrections Title VII— Deputy Architect of the Capitol Amendments Title VIII— Pandemic Response Accountability Committee Amendments Title IX— Adjustment of Status for Liberian Nationals Extension Title X— Clean Up the Code Act of 2019 Title XI— Amendments to Provisions Relating to Child Care Centers Title XII— Alaska Natives Extension Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment Title XIV— Budgetary Effects DIVISION P— NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020 DIVISION Q— FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY DIVISION R— PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT OF 2020 DIVISION S— INNOVATION FOR THE ENVIRONMENT DIVISION T— SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM ACT AND NATIONAL MUSEUM OF THE AMERICAN LATINO DIVISION U— HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS DIVISION V— AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY DIVISION W— INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021 DIVISION X— SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC DIVISION Y— AMERICAN MINER BENEFITS IMPROVEMENT DIVISION Z— ENERGY ACT OF 2020 DIVISION AA— WATER RESOURCES DEVELOPMENT ACT OF 2020 DIVISION BB— PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS DIVISION CC— HEALTH EXTENDERS DIVISION DD— MONTANA WATER RIGHTS PROTECTION ACT DIVISION EE— TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020 DIVISION FF— OTHER MATTER Title I— Continuing Education at Affected Foreign Institutions and Modification of Certain Protections for Taxpayer Return Information Title II— Public Lands Title III— Foreign Relations and Department of State Provisions Title IV— Senate Sergeant at Arms Cloud Services Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Island, New York Title VI— Preventing Online Sales of E-Cigarettes to Children Title VII— FAFSA Simplification Title VIII— Access to Death Information Furnished to or Maintained by the Social Security Administration Title IX— Telecommunications and Consumer Protection Title X— Bankruptcy Relief Title XI— Western Water and Indian Affairs Title XII— Horseracing Integrity and Safety Title XIII— Community Development Block Grants Title XIV— COVID–19 Consumer Protection Act Title XV— American COMPETE Act Title XVI— Recording of Obligations Title XVII— Sudan Claims Resolution Title XVIII— Theodore Roosevelt Presidential Library Conveyance Act of 2020 Title XIX— United States-Mexico Economic Partnership Act Title XX— Consumer Product Safety Commission Port Surveillance Title XXI— COVID–19 Regulatory Relief and Work From Home Safety Act
Effective date note
Pub. L. 116–260, div. Y, § 2(c), Dec. 27, 2020, 134 Stat. 2418, provided that:
2020
Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 2(a)(1) · 134 Stat. 1182
Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)
Pub. L. 116–260, § 2(a)(1), substituted “December 27, 2020” for “December 20, 2019” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–260, § 2(a)(1), substituted “December 27, 2020” for “December 20, 2019” wherever appearing.
Enacted provision · exact public law section
SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. Sec. 7. Adjustments to compensation. Sec. 8. Definition. Sec. 9. Office of Management and Budget Reporting Requirement. DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Agricultural Programs Title II— Farm Production and Conservation Programs Title III— Rural Development Programs Title IV— Domestic Food Programs Title V— Foreign Assistance and Related Programs Title VI— Related Agency and Food and Drug Administration Title VII— General Provisions DIVISION B— COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Commerce Title II— Department of Justice Title III— Science Title IV— Related Agencies Title V— General Provisions DIVISION C— DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021 Title I— Military Personnel Title II— Operation and Maintenance Title III— Procurement Title IV— Research, Development, Test and Evaluation Title V— Revolving and Management Funds Title VI— Other Department of Defense Programs Title VII— Related Agencies Title VIII— General Provisions Title IX— Overseas Contingency Operations DIVISION D— ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Corps of Engineers—Civil Title II— Department of the Interior Title III— Department of Energy Title IV— Independent Agencies Title V— General Provisions DIVISION E— FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021 Title I— Department of the Treasury Title II— Executive Office of the President and Funds Appropriated to the President Title III— The Judiciary Title IV— District of Columbia Title V— Independent Agencies Title VI— General Provisions—This Act Title VII— General Provisions—Government-wide Title VIII— General Provisions—District of Columbia Title IX— General Provision—Emergency Funding DIVISION F— DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021 Title I— Departmental Management, Operations, Intelligence, and Oversight Title II— Security, Enforcement, and Investigations Title III— Protection, Preparedness, Response, and Recovery Title IV— Research, Development, Training, and Services Title V— General Provisions DIVISION G— DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of the Interior Title II— Environmental Protection Agency Title III— Related Agencies Title IV— General Provisions DIVISION H— DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Labor Title II— Department of Health and Human Services Title III— Department of Education Title IV— Related Agencies Title V— General Provisions DIVISION I— LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021 Title I— Legislative Branch Title II— General Provisions DIVISION J— MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Defense Title II— Department of Veterans Affairs Title III— Related Agencies Title IV— Overseas Contingency Operations Title V— General Provisions DIVISION K— DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2021 Title I— Department of State and Related Agency Title II— United States Agency for International Development Title III— Bilateral Economic Assistance Title IV— International Security Assistance Title V— Multilateral Assistance Title VI— Export and Investment Assistance Title VII— General Provisions Title VIII— Nita M. Lowey Middle East Partnership for Peace Act of 2020 Title IX— Emergency Funding and Other Matters DIVISION L— TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Transportation Title II— Department of Housing and Urban Development Title III— Related Agencies Title IV— General Provisions—This Act DIVISION M— CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 DIVISION N— ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF DIVISION O— EXTENSIONS AND TECHNICAL CORRECTIONS Title I— Immigration Extensions Title II— Commission on Black Men and Boys Corrections Title III— U.S. Customs and Border Protection Authority to Accept Donations Extension Title IV— Livestock Mandatory Reporting Extension Title V— Soil Health and Income Protection Pilot Program Extension Title VI— United States-Mexico-Canada Agreement Implementation Act Technical Corrections Title VII— Deputy Architect of the Capitol Amendments Title VIII— Pandemic Response Accountability Committee Amendments Title IX— Adjustment of Status for Liberian Nationals Extension Title X— Clean Up the Code Act of 2019 Title XI— Amendments to Provisions Relating to Child Care Centers Title XII— Alaska Natives Extension Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment Title XIV— Budgetary Effects DIVISION P— NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020 DIVISION Q— FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY DIVISION R— PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT OF 2020 DIVISION S— INNOVATION FOR THE ENVIRONMENT DIVISION T— SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM ACT AND NATIONAL MUSEUM OF THE AMERICAN LATINO DIVISION U— HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS DIVISION V— AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY DIVISION W— INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021 DIVISION X— SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC DIVISION Y— AMERICAN MINER BENEFITS IMPROVEMENT DIVISION Z— ENERGY ACT OF 2020 DIVISION AA— WATER RESOURCES DEVELOPMENT ACT OF 2020 DIVISION BB— PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS DIVISION CC— HEALTH EXTENDERS DIVISION DD— MONTANA WATER RIGHTS PROTECTION ACT DIVISION EE— TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020 DIVISION FF— OTHER MATTER Title I— Continuing Education at Affected Foreign Institutions and Modification of Certain Protections for Taxpayer Return Information Title II— Public Lands Title III— Foreign Relations and Department of State Provisions Title IV— Senate Sergeant at Arms Cloud Services Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Island, New York Title VI— Preventing Online Sales of E-Cigarettes to Children Title VII— FAFSA Simplification Title VIII— Access to Death Information Furnished to or Maintained by the Social Security Administration Title IX— Telecommunications and Consumer Protection Title X— Bankruptcy Relief Title XI— Western Water and Indian Affairs Title XII— Horseracing Integrity and Safety Title XIII— Community Development Block Grants Title XIV— COVID–19 Consumer Protection Act Title XV— American COMPETE Act Title XVI— Recording of Obligations Title XVII— Sudan Claims Resolution Title XVIII— Theodore Roosevelt Presidential Library Conveyance Act of 2020 Title XIX— United States-Mexico Economic Partnership Act Title XX— Consumer Product Safety Commission Port Surveillance Title XXI— COVID–19 Regulatory Relief and Work From Home Safety Act
Effective date note
Pub. L. 116–260, div. Y, § 2(c), Dec. 27, 2020, 134 Stat. 2418, provided that:
2020
Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 2(a)(3) · 134 Stat. 1182
Inserted · 30 U.S.C. § 1232(h)(2)(C)(ii)(II)
Pub. L. 116–260, § 2(a)(3), inserted “(or, in the case of any such health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced)” before “; and”
Source evidence
Code amendment note
Subsec. (h)(2)(C)(ii)(II). Pub. L. 116–260, § 2(a)(3), inserted “(or, in the case of any such health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced)” before “; and”.
Enacted provision · exact public law section
SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. Sec. 7. Adjustments to compensation. Sec. 8. Definition. Sec. 9. Office of Management and Budget Reporting Requirement. DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Agricultural Programs Title II— Farm Production and Conservation Programs Title III— Rural Development Programs Title IV— Domestic Food Programs Title V— Foreign Assistance and Related Programs Title VI— Related Agency and Food and Drug Administration Title VII— General Provisions DIVISION B— COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Commerce Title II— Department of Justice Title III— Science Title IV— Related Agencies Title V— General Provisions DIVISION C— DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021 Title I— Military Personnel Title II— Operation and Maintenance Title III— Procurement Title IV— Research, Development, Test and Evaluation Title V— Revolving and Management Funds Title VI— Other Department of Defense Programs Title VII— Related Agencies Title VIII— General Provisions Title IX— Overseas Contingency Operations DIVISION D— ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Corps of Engineers—Civil Title II— Department of the Interior Title III— Department of Energy Title IV— Independent Agencies Title V— General Provisions DIVISION E— FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021 Title I— Department of the Treasury Title II— Executive Office of the President and Funds Appropriated to the President Title III— The Judiciary Title IV— District of Columbia Title V— Independent Agencies Title VI— General Provisions—This Act Title VII— General Provisions—Government-wide Title VIII— General Provisions—District of Columbia Title IX— General Provision—Emergency Funding DIVISION F— DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021 Title I— Departmental Management, Operations, Intelligence, and Oversight Title II— Security, Enforcement, and Investigations Title III— Protection, Preparedness, Response, and Recovery Title IV— Research, Development, Training, and Services Title V— General Provisions DIVISION G— DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of the Interior Title II— Environmental Protection Agency Title III— Related Agencies Title IV— General Provisions DIVISION H— DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Labor Title II— Department of Health and Human Services Title III— Department of Education Title IV— Related Agencies Title V— General Provisions DIVISION I— LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021 Title I— Legislative Branch Title II— General Provisions DIVISION J— MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Defense Title II— Department of Veterans Affairs Title III— Related Agencies Title IV— Overseas Contingency Operations Title V— General Provisions DIVISION K— DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2021 Title I— Department of State and Related Agency Title II— United States Agency for International Development Title III— Bilateral Economic Assistance Title IV— International Security Assistance Title V— Multilateral Assistance Title VI— Export and Investment Assistance Title VII— General Provisions Title VIII— Nita M. Lowey Middle East Partnership for Peace Act of 2020 Title IX— Emergency Funding and Other Matters DIVISION L— TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Transportation Title II— Department of Housing and Urban Development Title III— Related Agencies Title IV— General Provisions—This Act DIVISION M— CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 DIVISION N— ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF DIVISION O— EXTENSIONS AND TECHNICAL CORRECTIONS Title I— Immigration Extensions Title II— Commission on Black Men and Boys Corrections Title III— U.S. Customs and Border Protection Authority to Accept Donations Extension Title IV— Livestock Mandatory Reporting Extension Title V— Soil Health and Income Protection Pilot Program Extension Title VI— United States-Mexico-Canada Agreement Implementation Act Technical Corrections Title VII— Deputy Architect of the Capitol Amendments Title VIII— Pandemic Response Accountability Committee Amendments Title IX— Adjustment of Status for Liberian Nationals Extension Title X— Clean Up the Code Act of 2019 Title XI— Amendments to Provisions Relating to Child Care Centers Title XII— Alaska Natives Extension Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment Title XIV— Budgetary Effects DIVISION P— NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020 DIVISION Q— FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY DIVISION R— PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT OF 2020 DIVISION S— INNOVATION FOR THE ENVIRONMENT DIVISION T— SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM ACT AND NATIONAL MUSEUM OF THE AMERICAN LATINO DIVISION U— HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS DIVISION V— AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY DIVISION W— INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021 DIVISION X— SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC DIVISION Y— AMERICAN MINER BENEFITS IMPROVEMENT DIVISION Z— ENERGY ACT OF 2020 DIVISION AA— WATER RESOURCES DEVELOPMENT ACT OF 2020 DIVISION BB— PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS DIVISION CC— HEALTH EXTENDERS DIVISION DD— MONTANA WATER RIGHTS PROTECTION ACT DIVISION EE— TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020 DIVISION FF— OTHER MATTER Title I— Continuing Education at Affected Foreign Institutions and Modification of Certain Protections for Taxpayer Return Information Title II— Public Lands Title III— Foreign Relations and Department of State Provisions Title IV— Senate Sergeant at Arms Cloud Services Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Island, New York Title VI— Preventing Online Sales of E-Cigarettes to Children Title VII— FAFSA Simplification Title VIII— Access to Death Information Furnished to or Maintained by the Social Security Administration Title IX— Telecommunications and Consumer Protection Title X— Bankruptcy Relief Title XI— Western Water and Indian Affairs Title XII— Horseracing Integrity and Safety Title XIII— Community Development Block Grants Title XIV— COVID–19 Consumer Protection Act Title XV— American COMPETE Act Title XVI— Recording of Obligations Title XVII— Sudan Claims Resolution Title XVIII— Theodore Roosevelt Presidential Library Conveyance Act of 2020 Title XIX— United States-Mexico Economic Partnership Act Title XX— Consumer Product Safety Commission Port Surveillance Title XXI— COVID–19 Regulatory Relief and Work From Home Safety Act
Effective date note
Pub. L. 116–260, div. Y, § 2(c), Dec. 27, 2020, 134 Stat. 2418, provided that:
2020
Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 2(a)(2) · 134 Stat. 1182
Substituted · 30 U.S.C. § 1232(h)(2)(C)(ii)(II)
Pub. L. 116–260, § 2(a)(2), substituted “2019, or any year thereafter,” for “or 2019”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–260, § 2(a)(2), substituted “2019, or any year thereafter,” for “or 2019”.
Enacted provision · exact public law section
SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. Sec. 7. Adjustments to compensation. Sec. 8. Definition. Sec. 9. Office of Management and Budget Reporting Requirement. DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Agricultural Programs Title II— Farm Production and Conservation Programs Title III— Rural Development Programs Title IV— Domestic Food Programs Title V— Foreign Assistance and Related Programs Title VI— Related Agency and Food and Drug Administration Title VII— General Provisions DIVISION B— COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Commerce Title II— Department of Justice Title III— Science Title IV— Related Agencies Title V— General Provisions DIVISION C— DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021 Title I— Military Personnel Title II— Operation and Maintenance Title III— Procurement Title IV— Research, Development, Test and Evaluation Title V— Revolving and Management Funds Title VI— Other Department of Defense Programs Title VII— Related Agencies Title VIII— General Provisions Title IX— Overseas Contingency Operations DIVISION D— ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Corps of Engineers—Civil Title II— Department of the Interior Title III— Department of Energy Title IV— Independent Agencies Title V— General Provisions DIVISION E— FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021 Title I— Department of the Treasury Title II— Executive Office of the President and Funds Appropriated to the President Title III— The Judiciary Title IV— District of Columbia Title V— Independent Agencies Title VI— General Provisions—This Act Title VII— General Provisions—Government-wide Title VIII— General Provisions—District of Columbia Title IX— General Provision—Emergency Funding DIVISION F— DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021 Title I— Departmental Management, Operations, Intelligence, and Oversight Title II— Security, Enforcement, and Investigations Title III— Protection, Preparedness, Response, and Recovery Title IV— Research, Development, Training, and Services Title V— General Provisions DIVISION G— DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of the Interior Title II— Environmental Protection Agency Title III— Related Agencies Title IV— General Provisions DIVISION H— DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Labor Title II— Department of Health and Human Services Title III— Department of Education Title IV— Related Agencies Title V— General Provisions DIVISION I— LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021 Title I— Legislative Branch Title II— General Provisions DIVISION J— MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Defense Title II— Department of Veterans Affairs Title III— Related Agencies Title IV— Overseas Contingency Operations Title V— General Provisions DIVISION K— DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2021 Title I— Department of State and Related Agency Title II— United States Agency for International Development Title III— Bilateral Economic Assistance Title IV— International Security Assistance Title V— Multilateral Assistance Title VI— Export and Investment Assistance Title VII— General Provisions Title VIII— Nita M. Lowey Middle East Partnership for Peace Act of 2020 Title IX— Emergency Funding and Other Matters DIVISION L— TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Transportation Title II— Department of Housing and Urban Development Title III— Related Agencies Title IV— General Provisions—This Act DIVISION M— CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 DIVISION N— ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF DIVISION O— EXTENSIONS AND TECHNICAL CORRECTIONS Title I— Immigration Extensions Title II— Commission on Black Men and Boys Corrections Title III— U.S. Customs and Border Protection Authority to Accept Donations Extension Title IV— Livestock Mandatory Reporting Extension Title V— Soil Health and Income Protection Pilot Program Extension Title VI— United States-Mexico-Canada Agreement Implementation Act Technical Corrections Title VII— Deputy Architect of the Capitol Amendments Title VIII— Pandemic Response Accountability Committee Amendments Title IX— Adjustment of Status for Liberian Nationals Extension Title X— Clean Up the Code Act of 2019 Title XI— Amendments to Provisions Relating to Child Care Centers Title XII— Alaska Natives Extension Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment Title XIV— Budgetary Effects DIVISION P— NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020 DIVISION Q— FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY DIVISION R— PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT OF 2020 DIVISION S— INNOVATION FOR THE ENVIRONMENT DIVISION T— SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM ACT AND NATIONAL MUSEUM OF THE AMERICAN LATINO DIVISION U— HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS DIVISION V— AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY DIVISION W— INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021 DIVISION X— SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC DIVISION Y— AMERICAN MINER BENEFITS IMPROVEMENT DIVISION Z— ENERGY ACT OF 2020 DIVISION AA— WATER RESOURCES DEVELOPMENT ACT OF 2020 DIVISION BB— PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS DIVISION CC— HEALTH EXTENDERS DIVISION DD— MONTANA WATER RIGHTS PROTECTION ACT DIVISION EE— TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020 DIVISION FF— OTHER MATTER Title I— Continuing Education at Affected Foreign Institutions and Modification of Certain Protections for Taxpayer Return Information Title II— Public Lands Title III— Foreign Relations and Department of State Provisions Title IV— Senate Sergeant at Arms Cloud Services Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Island, New York Title VI— Preventing Online Sales of E-Cigarettes to Children Title VII— FAFSA Simplification Title VIII— Access to Death Information Furnished to or Maintained by the Social Security Administration Title IX— Telecommunications and Consumer Protection Title X— Bankruptcy Relief Title XI— Western Water and Indian Affairs Title XII— Horseracing Integrity and Safety Title XIII— Community Development Block Grants Title XIV— COVID–19 Consumer Protection Act Title XV— American COMPETE Act Title XVI— Recording of Obligations Title XVII— Sudan Claims Resolution Title XVIII— Theodore Roosevelt Presidential Library Conveyance Act of 2020 Title XIX— United States-Mexico Economic Partnership Act Title XX— Consumer Product Safety Commission Port Surveillance Title XXI— COVID–19 Regulatory Relief and Work From Home Safety Act
Effective date note
Pub. L. 116–260, div. Y, § 2(c), Dec. 27, 2020, 134 Stat. 2418, provided that:
2020
Consolidated Appropriations Act, 2021
Pub. L. 116–260 § 2(b) · 134 Stat. 1182
Added · 30 U.S.C. § 1232(i)(3)(C)
Pub. L. 116–260, § 2(b), added subpar. (C)
Source evidence
Code amendment note
Subsec. (i)(3)(C). Pub. L. 116–260, § 2(b), added subpar. (C).
Enacted provision · exact public law section
SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. Sec. 7. Adjustments to compensation. Sec. 8. Definition. Sec. 9. Office of Management and Budget Reporting Requirement. DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Agricultural Programs Title II— Farm Production and Conservation Programs Title III— Rural Development Programs Title IV— Domestic Food Programs Title V— Foreign Assistance and Related Programs Title VI— Related Agency and Food and Drug Administration Title VII— General Provisions DIVISION B— COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Commerce Title II— Department of Justice Title III— Science Title IV— Related Agencies Title V— General Provisions DIVISION C— DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021 Title I— Military Personnel Title II— Operation and Maintenance Title III— Procurement Title IV— Research, Development, Test and Evaluation Title V— Revolving and Management Funds Title VI— Other Department of Defense Programs Title VII— Related Agencies Title VIII— General Provisions Title IX— Overseas Contingency Operations DIVISION D— ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Corps of Engineers—Civil Title II— Department of the Interior Title III— Department of Energy Title IV— Independent Agencies Title V— General Provisions DIVISION E— FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021 Title I— Department of the Treasury Title II— Executive Office of the President and Funds Appropriated to the President Title III— The Judiciary Title IV— District of Columbia Title V— Independent Agencies Title VI— General Provisions—This Act Title VII— General Provisions—Government-wide Title VIII— General Provisions—District of Columbia Title IX— General Provision—Emergency Funding DIVISION F— DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021 Title I— Departmental Management, Operations, Intelligence, and Oversight Title II— Security, Enforcement, and Investigations Title III— Protection, Preparedness, Response, and Recovery Title IV— Research, Development, Training, and Services Title V— General Provisions DIVISION G— DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of the Interior Title II— Environmental Protection Agency Title III— Related Agencies Title IV— General Provisions DIVISION H— DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Labor Title II— Department of Health and Human Services Title III— Department of Education Title IV— Related Agencies Title V— General Provisions DIVISION I— LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021 Title I— Legislative Branch Title II— General Provisions DIVISION J— MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Defense Title II— Department of Veterans Affairs Title III— Related Agencies Title IV— Overseas Contingency Operations Title V— General Provisions DIVISION K— DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2021 Title I— Department of State and Related Agency Title II— United States Agency for International Development Title III— Bilateral Economic Assistance Title IV— International Security Assistance Title V— Multilateral Assistance Title VI— Export and Investment Assistance Title VII— General Provisions Title VIII— Nita M. Lowey Middle East Partnership for Peace Act of 2020 Title IX— Emergency Funding and Other Matters DIVISION L— TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 Title I— Department of Transportation Title II— Department of Housing and Urban Development Title III— Related Agencies Title IV— General Provisions—This Act DIVISION M— CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 DIVISION N— ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF DIVISION O— EXTENSIONS AND TECHNICAL CORRECTIONS Title I— Immigration Extensions Title II— Commission on Black Men and Boys Corrections Title III— U.S. Customs and Border Protection Authority to Accept Donations Extension Title IV— Livestock Mandatory Reporting Extension Title V— Soil Health and Income Protection Pilot Program Extension Title VI— United States-Mexico-Canada Agreement Implementation Act Technical Corrections Title VII— Deputy Architect of the Capitol Amendments Title VIII— Pandemic Response Accountability Committee Amendments Title IX— Adjustment of Status for Liberian Nationals Extension Title X— Clean Up the Code Act of 2019 Title XI— Amendments to Provisions Relating to Child Care Centers Title XII— Alaska Natives Extension Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment Title XIV— Budgetary Effects DIVISION P— NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020 DIVISION Q— FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY DIVISION R— PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT OF 2020 DIVISION S— INNOVATION FOR THE ENVIRONMENT DIVISION T— SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM ACT AND NATIONAL MUSEUM OF THE AMERICAN LATINO DIVISION U— HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS DIVISION V— AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY DIVISION W— INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021 DIVISION X— SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC DIVISION Y— AMERICAN MINER BENEFITS IMPROVEMENT DIVISION Z— ENERGY ACT OF 2020 DIVISION AA— WATER RESOURCES DEVELOPMENT ACT OF 2020 DIVISION BB— PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS DIVISION CC— HEALTH EXTENDERS DIVISION DD— MONTANA WATER RIGHTS PROTECTION ACT DIVISION EE— TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020 DIVISION FF— OTHER MATTER Title I— Continuing Education at Affected Foreign Institutions and Modification of Certain Protections for Taxpayer Return Information Title II— Public Lands Title III— Foreign Relations and Department of State Provisions Title IV— Senate Sergeant at Arms Cloud Services Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Island, New York Title VI— Preventing Online Sales of E-Cigarettes to Children Title VII— FAFSA Simplification Title VIII— Access to Death Information Furnished to or Maintained by the Social Security Administration Title IX— Telecommunications and Consumer Protection Title X— Bankruptcy Relief Title XI— Western Water and Indian Affairs Title XII— Horseracing Integrity and Safety Title XIII— Community Development Block Grants Title XIV— COVID–19 Consumer Protection Act Title XV— American COMPETE Act Title XVI— Recording of Obligations Title XVII— Sudan Claims Resolution Title XVIII— Theodore Roosevelt Presidential Library Conveyance Act of 2020 Title XIX— United States-Mexico Economic Partnership Act Title XX— Consumer Product Safety Commission Port Surveillance Title XXI— COVID–19 Regulatory Relief and Work From Home Safety Act
Effective date note
Pub. L. 116–260, div. Y, § 2(c), Dec. 27, 2020, 134 Stat. 2418, provided that:
2021
Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40702(a) · 135 Stat. 429
1. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 117–58, § 40702(a), substituted “22.4 cents” for “28 cents”
2. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 117–58, § 40702(a), substituted “9.6 cents” for “12 cents”
3. Substituted · 30 U.S.C. § 1232(a)
  Pub. L. 117–58, § 40702(a), substituted “6.4 cents” for “8 cents”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–58, § 40702(a), substituted “22.4 cents” for “28 cents”, “9.6 cents” for “12 cents”, and “6.4 cents” for “8 cents”.
Enacted provision · exact public law section
(a) Amount.— Section 402(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended— (1) by striking “28 cents” and inserting “22.4 cents”; (2) by striking “12 cents” and inserting “9.6 cents”; and (3) by striking “8 cents” and inserting “6.4 cents”.
2021
Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40702(b) · 135 Stat. 429
Substituted · 30 U.S.C. § 1232(b)
Pub. L. 117–58, § 40702(b), substituted “September 30, 2034” for “September 30, 2021”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–58, § 40702(b), substituted “September 30, 2034” for “September 30, 2021”.
Enacted provision · exact public law section
(b) Duration.— Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking “September 30, 2021” and inserting “September 30, 2034”.

68 of 78 references resolved to an enrolled provision · 10 partial

Editorial Notes

References in Text

The amendments made by section 2(a) of the American Miner Benefits Improvement Act of 2020, referred to in subsec. (i)(3)(C), are the amendments made to subsec. (h)(2)(C)(ii) of this section made by section 2(a) of div. Y of Pub. L. 116–260. See 2020 Amendment notes below.

Codification

November 5, 1990, referred to in subsec. (g)(4)(B)(ii), was in the original “the date of enactment of this paragraph”, which was translated as meaning the date of enactment of Pub. L. 101–508, which amended this section generally, to reflect the probable intent of Congress.

Amendments1987–2021 · 12 rounds

2021

Subsec. (a). Pub. L. 117–58, § 40702(a), substituted “22.4 cents” for “28 cents”, “9.6 cents” for “12 cents”, and “6.4 cents” for “8 cents”.

Subsec. (b). Pub. L. 117–58, § 40702(b), substituted “September 30, 2034” for “September 30, 2021”.

2020

Subsec. (h)(2)(C)(ii). Pub. L. 116–260, § 2(a)(4), substituted “January 1, 2020” for “January 1, 2019” in concluding provisions.

Pub. L. 116–260, § 2(a)(1), substituted “December 27, 2020” for “December 20, 2019” wherever appearing.

Subsec. (h)(2)(C)(ii)(II). Pub. L. 116–260, § 2(a)(3), inserted “(or, in the case of any such health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced)” before “; and”.

Pub. L. 116–260, § 2(a)(2), substituted “2019, or any year thereafter,” for “or 2019”.

Subsec. (i)(3)(C). Pub. L. 116–260, § 2(b), added subpar. (C).

2019

Subsec. (h)(2)(C)(ii). Pub. L. 116–94, § 103(4), substituted “January 1, 2019” for “January 1, 2017” in concluding provisions.

Pub. L. 116–94, § 103(1), substituted “December 20, 2019” for “May 5, 2017” in subcl. (I) and in concluding provisions.

Subsec. (h)(2)(C)(ii)(II). Pub. L. 116–94, § 103(2), substituted “or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, or 2019” for “, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015”.

Subsec. (h)(2)(C)(ii)(III). Pub. L. 116–94, § 103(3), added subcl. (III).

Subsec. (h)(2)(C)(vi). Pub. L. 116–94, § 103(5), added cl. (vi).

Subsec. (i)(3)(A). Pub. L. 116–94, § 102(a)(1), substituted “$750,000,000” for “$490,000,000”.

Subsec. (i)(4), (5). Pub. L. 116–94, § 102(a)(2), (3), added par. (4) and redesignated former par. (4) as (5).

2017

Subsec. (h)(2)(C)(ii). Pub. L. 115–31 added cl. (ii) and struck out former cl. (ii) which related to calculation of excess.

Pub. L. 114–223, div. C, § 202(b)(3), as added by Pub. L. 115–30, par. (2), inserted at end of concluding provisions “For purposes of subclause (II)(aa), a beneficiary enrolled in the Plan as of April 28, 2017, shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2017.”

Subsec. (h)(2)(C)(ii)(II). Pub. L. 114–223, div. C, § 202(b)(1), as added by Pub. L. 115–30, par. (2), substituted “May 5, 2017” for “April 30, 2017” in introductory provisions.

Subsec. (h)(2)(C)(ii)(II)(aa). Pub. L. 114–223, div. C, § 202(b)(2), as added by Pub. L. 115–30, par. (2), substituted “April 28, 2017” for “December 10, 2016”.

Subsec. (h)(2)(C)(iii), (iv). Pub. L. 115–31 added cls. (iii) and (iv) and struck out former cls. (iii) and (iv) which read as follows:

“(iii) Eligibility of certain retirees.—Individuals referred to in clause (ii)(II)(bb) shall be treated as eligible to receive health benefits under the Plan for the plan year that includes January 1, 2017.

“(iv) Requirements for transfer.—The amount of the transfer otherwise determined under this subparagraph for fiscal year 2017 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)(II).”

2016

Subsec. (h)(2)(C). Pub. L. 114–223, div. C, § 167(b), as added by Pub. L. 114–254, div. A, § 101(3), designated existing provisions as cl. (i), inserted heading, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), realigned margins, added cls. (ii) to (v), and struck out concluding provisions which read as follows: “Such excess shall be calculated by taking into account only those beneficiaries actually enrolled in the Plan as of December 31, 2006, who are eligible to receive benefits under the Plan on the first day of the calendar year for which the transfer is made.”

Subsec. (i)(3)(B). Pub. L. 114–223, div. C, § 167(c), as added by Pub. L. 114–254, div. A, § 101(3), substituted “under paragraph (1) so that” for “so that” in introductory provisions, “each such transfer” for “each transfer” in cl. (i), and “paragraph (1)” for “this subsection” in cl. (iii).

2008

Subsec. (i)(1)(C). Pub. L. 110–343 substituted “$9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010” for “and $9,000,000 on October 1, 2009” in introductory provisions.

2006

Subsec. (a). Pub. L. 109–432, § 202(a)(2), substituted “28” for “31.5”, “12” for “13.5”, and “8 cents” for “9 cents”.

Pub. L. 109–432, § 202(a)(1), substituted “31.5” for “35”, “13.5” for “15”, and “9 cents” for “10 cents”.

Subsec. (b). Pub. L. 109–432, § 202(b), substituted “September 30, 2021” for “September 30, 2007, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section”.

Pub. L. 109–234 substituted “September 30, 2007” for “June 30, 2006”.

Subsec. (g)(1)(D). Pub. L. 109–432, § 202(c)(1), inserted “(except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years)” after “this paragraph” and substituted “under paragraph (5)” for “in any area under paragraph (2), (3), (4), or (5)”.

Subsec. (g)(2). Pub. L. 109–432, § 202(c)(2), added par. (2) and struck out former par. (2) which read as follows: “20 percent of the amounts available in the fund in any fiscal year which are not allocated under paragraph (1) in that fiscal year (including that interest accruing as provided in section 1231(e) of this title and including funds available for reallocation pursuant to paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the annual transfer to the Secretary of Agriculture under section 1231(c)(2) of this title.”

Subsec. (g)(3). Pub. L. 109–432, § 202(c)(3)(A), substituted “paragraph (5)” for “paragraphs (2) and (5)” in introductory provisions.

Subsec. (g)(3)(A). Pub. L. 109–432, § 202(c)(3)(B), substituted “1231(c)(9)” for “1231(c)(11)”.

Subsec. (g)(3)(E). Pub. L. 109–432, § 202(c)(3)(C), added subpar. (E).

Subsec. (g)(5). Pub. L. 109–432, § 202(c)(4), designated existing provisions as subpar. (A), in first sentence, substituted “60” for “40”, in last sentence, substituted “Funds made available under paragraph (3) or (4)” for “Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4)”, and added subpar. (B).

Subsec. (g)(6) to (8). Pub. L. 109–432, § 202(c)(5), added pars. (6) to (8) and struck out former pars. (6) to (8) which related to authority of any State to receive and retain up to 10 percent of the total of grants, State authority to establish an acid mine drainage abatement and treatment fund and to implement plans for acid mine drainage abatement and treatment, and allocation of not less than $2,000,000 annually for expenditure in each State and for each Indian tribe, having an approved reclamation program and eligible lands and waters.

Subsecs. (h), (i). Pub. L. 109–432, § 202(d), added subsecs. (h) and (i) and struck out former subsec. (h) which related to transfer of funds to the United Mine Workers of America Combined Benefit Fund.

2005

Subsec. (b). Pub. L. 109–54 substituted “June 30, 2006” for “September 30, 2005”.

Pub. L. 109–13 substituted “September 30, 2005” for “June 30, 2005”.

2004

Subsec. (b). Pub. L. 108–447 substituted “June 30, 2005” for “September 30, 2004”.

1992

Subsec. (b). Pub. L. 102–486, § 2515, which directed that subsec. (b) be amended by substituting “2004, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” for “1995”, was executed by inserting “, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” after “2004”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 102–486, § 19143(b)(1). See below.

Pub. L. 102–486, § 19143(b)(1), substituted “2004” for “1995” before period at end.

Subsec. (g)(1). Pub. L. 102–486, § 19143(b)(3)(B), substituted “Except as provided in subsection (h) of this section, moneys” for “Moneys”.

Subsec. (h). Pub. L. 102–486, § 19143(b)(2), added subsec. (h).

1990

Subsec. (b). Pub. L. 101–508, § 6003(a), substituted “ending September 30, 1995” for “ending fifteen years after August 3, 1977, unless extended by an Act of Congress”.

Subsec. (c). Pub. L. 101–508, § 6003(b), inserted at end “Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple, or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under section 1256 of this title and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly reports under this subsection shall be maintained by the Secretary in a computerized database.”

Subsec. (d). Pub. L. 101–508, § 6003(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (f). Pub. L. 101–508, § 6003(d), inserted at end “Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) of this section the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of section 4121 of title 26.”

Subsec. (g). Pub. L. 101–508, § 6004, amended subsec. (g) generally, substituting present provisions for provisions relating to geographic allocation of expenditures from the fund, providing for allocation of 50 percent of funds collected annually in any State or Indian reservation to that State or Indian reservation pursuant to approved reclamation program, providing for special State set-aside for future expenditure, and authorizing expenditure of balance of funds collected at discretion of Secretary in order to meet the purposes of this subchapter.

1987

Subsec. (g)(3), (4). Pub. L. 100–34 added par. (3) and redesignated former par. (3) as (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260, div. Y, § 2(c), Dec. 27, 2020, 134 Stat. 2418, provided that:

“(1)
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 27, 2020].
#
“(2)
Subsection (a)(3).—
The amendment made by subsection (a)(3) [amending this section] shall apply to denials and reductions after December 31, 2019.”
#

Effective Date of 2019 Amendment

Pub. L. 116–94, div. M, § 102(b), Dec. 20, 2019, 133 Stat. 3094, provided that:

“(1)
In general.—
The amendments made by this section [amending this section] shall apply to fiscal years beginning after September 30, 2016.
#
“(2)
Reporting requirements.—
Section 402(i)(4)(G) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(4)(G)), as added by this section, shall apply to plan years beginning after the date of the enactment of this Act [Dec. 20, 2019].”
#

Effective Date of 2017 Amendment

Pub. L. 115–31, div. M, title I, § 104(b), May 5, 2017, 131 Stat. 804, provided that: “The amendments made by this section [amending this section] shall apply to fiscal years beginning after September 30, 2016.”

Effective Date of 2006 Amendment

Pub. L. 109–432, div. C, title II, § 202(a)(1), Dec. 20, 2006, 120 Stat. 3008, provided that the amendment made by section 202(a)(1) [amending this section] is effective Oct. 1, 2007.

Pub. L. 109–432, div. C, title II, § 202(a)(2), Dec. 20, 2006, 120 Stat. 3008, provided that the amendment made by section 202(a)(2) [amending this section] is effective Oct. 1, 2012.

Pub. L. 109–432, div. C, title II, § 202(b), Dec. 20, 2006, 120 Stat. 3008, provided that the amendment made by section 202(b) [amending this section] is effective Sept. 30, 2007.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title.

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

Credits

1977–2021 · 16 acts

1977Pub. L. 95–87, title IV, § 402, Aug. 3, 1977, 91 Stat. 457
1987Pub. L. 100–34, title I, § 101, May 7, 1987, 101 Stat. 300
1990Pub. L. 101–508, title VI, §§ 6003, 6004, Nov. 5, 1990, 104 Stat. 1388–290, 1388–291
1992Pub. L. 102–486, title XIX, § 19143(b)(1), (2), (3)(B), title XXV, § 2515, Oct. 24, 1992, 106 Stat. 3056, 3113
2004Pub. L. 108–447, div. E, title I, § 135(a), Dec. 8, 2004, 118 Stat. 3068
2005Pub. L. 109–13, div. A, title VI, § 6035, May 11, 2005, 119 Stat. 289
2005Pub. L. 109–54, title I, § 129, Aug. 2, 2005, 119 Stat. 525
2006Pub. L. 109–234, title VII, § 7007, June 15, 2006, 120 Stat. 483
2006Pub. L. 109–432, div. C, title II, § 202, Dec. 20, 2006, 120 Stat. 3008
2008Pub. L. 110–343, div. C, title VI, § 602, Oct. 3, 2008, 122 Stat. 3911
2016Pub. L. 114–223, div. C, § 167(b), (c), as added Pub. L. 114–254, div. A, § 101(3), Dec. 10, 2016, 130 Stat. 1009, 1010
2017Pub. L. 114–223, div. C, § 202(b), as added Pub. L. 115–30, par. (2), Apr. 28, 2017, 131 Stat. 134
2017Pub. L. 115–31, div. M, title I, § 104(a), May 5, 2017, 131 Stat. 803
2019Pub. L. 116–94, div. M, §§ 102(a), 103, Dec. 20, 2019, 133 Stat. 3091, 3094
2020Pub. L. 116–260, div. Y, § 2(a), (b), Dec. 27, 2020, 134 Stat. 2417, 2418
2021Pub. L. 117–58, div. D, title VII, § 40702, Nov. 15, 2021, 135 Stat. 1092.

Show as published

(Pub. L. 95–87, title IV, § 402, Aug. 3, 1977, 91 Stat. 457; Pub. L. 100–34, title I, § 101, May 7, 1987, 101 Stat. 300; Pub. L. 101–508, title VI, §§ 6003, 6004, Nov. 5, 1990, 104 Stat. 1388–290, 1388–291; Pub. L. 102–486, title XIX, § 19143(b)(1), (2), (3)(B), title XXV, § 2515, Oct. 24, 1992, 106 Stat. 3056, 3113; Pub. L. 108–447, div. E, title I, § 135(a), Dec. 8, 2004, 118 Stat. 3068; Pub. L. 109–13, div. A, title VI, § 6035, May 11, 2005, 119 Stat. 289; Pub. L. 109–54, title I, § 129, Aug. 2, 2005, 119 Stat. 525; Pub. L. 109–234, title VII, § 7007, June 15, 2006, 120 Stat. 483; Pub. L. 109–432, div. C, title II, § 202, Dec. 20, 2006, 120 Stat. 3008; Pub. L. 110–343, div. C, title VI, § 602, Oct. 3, 2008, 122 Stat. 3911; Pub. L. 114–223, div. C, § 167(b), (c), as added Pub. L. 114–254, div. A, § 101(3), Dec. 10, 2016, 130 Stat. 1009, 1010; Pub. L. 114–223, div. C, § 202(b), as added Pub. L. 115–30, par. (2), Apr. 28, 2017, 131 Stat. 134; Pub. L. 115–31, div. M, title I, § 104(a), May 5, 2017, 131 Stat. 803; Pub. L. 116–94, div. M, §§ 102(a), 103, Dec. 20, 2019, 133 Stat. 3091, 3094; Pub. L. 116–260, div. Y, § 2(a), (b), Dec. 27, 2020, 134 Stat. 2417, 2418; Pub. L. 117–58, div. D, title VII, § 40702, Nov. 15, 2021, 135 Stat. 1092.)