§ 934. 'Fund' defined; liability of operators to United
States for repayments to fund; procedures applicable; rate of
interest
(a) For purposes of this section, the term 'fund' has the
meaning set forth in section 902(h) of
this title.
(b)(1) If -
(A) an amount is paid out of the fund to an individual
entitled to benefits under section 932 of
this title, 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, then 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 section 933 of
this title. 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) Except as otherwise provided under this subsection,
the priority of the lien shall be determined in the same manner
as under section 6323 of title 26. 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) 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 section 3713(a) of title 31.
(C) For purposes of applying section 6323(a) of title 26 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) 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 section 6323 of title 26.
(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) for any period after calendar year 1982, shall be the
rate established by section 6621 of title 26 which is in effect
for such period.