section 932 of this title an amount is paid out of the fund to an individual entitled to benefits under , and
(B)
the Secretary determines, under the provisions of sections 932 and 933 of this title, that an operator was required to secure the payment of all or a portion of such benefits,
section 933 of this titlethen the operator is liable to the United States for repayment to the fund of the amount of such benefits the payment of which is properly attributed to him plus interest thereon. No operator or representative of operators may bring any proceeding, or intervene in any proceeding, held for the purpose of determining claims for benefits to be paid by the fund, except that nothing in this section shall affect the rights, duties, or liabilities of any operator in proceedings under section 932 or . In a case where no operator responsibility is assigned pursuant to sections 932 and 933 of this title, a determination by the Secretary that the fund is liable for the payment of benefits shall be final.
(2)
If any operator liable to the fund under paragraph (1) refuses to pay, after demand, the amount of such liability (including interest), then there shall be a lien in favor of the United States for such amount upon all property and rights to property, whether real or personal, belonging to such operator. The lien arises on the date on which such liability is finally determined, and continues until it is satisfied or becomes unenforceable by reason of lapse of time.
(3)(A)
section 6323 of title 26 Except as otherwise provided under this subsection, the priority of the lien shall be determined in the same manner as under . That section shall be applied for such purposes—
(i)
by substituting “lien imposed by section 424(b)(2) of the Federal Mine Safety and Health Act of 1977” for “lien imposed by section 6321”; “operator liability lien” for “tax lien”; “operator” for “taxpayer”; “lien arising under section 424(b)(2) of the Federal Mine Safety and Health Act of 1977” for “assessment of the tax”; “payment of the liability is made to the Black Lung Disability Trust Fund” for “satisfaction of a levy pursuant to section 6332(b)”; and “satisfaction of operator liability” for “collection of any tax under this title” each place such terms appear; and
(ii)
by treating all references to the “Secretary” as references to the Secretary of Labor.
(B)
section 3713(a) of title 31 In the case of a bankruptcy or insolvency proceeding, the lien imposed under paragraph (2) shall be treated in the same manner as a lien for taxes due and owing to the United States for purposes of the Bankruptcy Act or .
(C)
section 6323(a) of title 26 For purposes of applying to determine the priority between the lien imposed under paragraph (2) and the Federal tax lien, each lien shall be treated as a judgment lien arising as of the time notice of such lien is filed.
(D)
section 6323 of title 26 For purposes of this subsection, notice of the lien imposed under paragraph (2) shall be filed in the same manner as under subsections (f) and (g) of .
(4)(A)
In any case where there has been a refusal or neglect to pay the liability imposed under paragraph (2), the Secretary may bring a civil action in a district court of the United States to enforce the lien of the United States under this section with respect to such liability or to subject any property, of whatever nature, of the operator, or in which he has any right, title, or interest, to the payment of such liability.
(B)
The liability imposed by paragraph (1) may be collected at a proceeding in court if the proceeding is commenced within 6 years after the date on which the liability was finally determined, or before the expiration of any period for collection agreed upon in writing by the operator and the United States before the expiration of such 6-year period. The running of the period of limitation provided under this subparagraph shall be suspended for any period during which the assets of the operator are in the custody or control of any court of the United States, or of any State, or the District of Columbia, and for 6 months thereafter, and for any period during which the operator is outside the United States if such period of absence is for a continuous period of at least 6 months.
(5)
The rate of interest under this subsection—
(A)
for any period during calendar year 1982, shall be 15 percent, and
(B)
section 6621 of title 26 for any period after calendar year 1982, shall be the rate established by which is in effect for such period.
act July 1, 1898, ch. 54130 Stat. 544Pub. L. 95–59892 Stat. 2682The Bankruptcy Act, referred to in subsec. (b)(3)(B), is , , which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective , by , §§ 401(a), 402(a), , , section 101 of which enacted revised Title 11.
Pub. L. 99–5141986—Subsec. (b)(3)(A), (C), (D), (5)(B). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Pub. L. 97–119, § 104(b)(6)1981—Subsec. (a). , substituted provision defining “fund” as used in this section for provision specifying payments, repayments, and reimbursements which funds from the Black Lung Disability Trust Fund would be available to pay.
Pub. L. 96–2221980—Subsec. (b)(3)(A)(i). substituted “Federal Mine Safety and Health Act of 1977” for “Federal Coal Mine Health and Safety Act of 1969”.
Pub. L. 95–2271978— added subsec. (a), redesignated existing provisions constituting entire section as subsec. (b) and expanded applicability and set out procedures for enforcement of rights of United States against operators liable to the Fund.
Pub. L. 92–3031972— substituted “widow, child, parent, brother, or sister” for “widow” wherever appearing.
“The amendment made by paragraph (1) [amending this section] shall take effect on , and shall apply to amounts outstanding on such date or arising thereafter.”