Black Lung Benefits Revenue Act of 1981

(Measure passed Senate, amended, roll call #494 (63-30))

Title I: Amendments to the Internal Revenue Code of 1954 - Subtitle A: Black Lung Benefits Revenue Act of 1981 - Amends the Internal Revenue Code to increase the excise tax on coal sold by a producer from: (1) 50 cents per ton to $1 per ton for coal from underground mines; and (2) 25 cents per ton to 50 cents per ton for coal from surface mines. Increases the maximum amount of such tax from 2 percent to 4 percent of the price at which a ton of coal is sold by the producer. Terminates such increase on the earlier of January 1, 1996, or the first January 1 after 1981 when there is: (1) no balance of repayable advances made to the Black Lung Disability Trust Fund; and (2) no unpaid interest on such advances.

Creates a new subtitle I, "Trust Fund Code" as part of the Internal Revenue Code. Reestablishes in the U.S. Treasury, effective January 1, 1982, the Black Lung Disability Trust Fund. Provides that such trust fund shall be treated for all purposes of law as the continuation of the Black Lung Disability Trust Fund established by the Black Lung Benefits Revenue Act of 1977.

Appropriates to the Trust Fund amounts equivalent to the revenues received from the excise tax on coal producers and the taxes on black lung benefit trusts relating to self-dealing, taxable expenditures, and excess contributions. Authorizes to be appropriated, as repayable advances, such sums as may be necessary to make the required expenditures from the Trust Fund. Requires such advances to be repaid with interest.

Makes amounts in the Trust Fund available, as provided by appropriation acts, for: (1) the payment of benefits where the Secretary of Labor determines that: (A) the operator liable for such payments has not made payments within a specified time, or (B) there is no operator who is liable for such payments; (2) the payment of obligations with respect to miners whose last employment was before January 1, 1970; (3) the repayment into the Treasury of an amount equal to the sum of certain claims paid before April 1, 1978; (4) the repayment of repayable advances; (5) the payment of certain administrative expenses incurred on or after March 1, 1978; (6) the reimbursement of operators for claims paid before April 1, 1978 to miners whose employment terminated before January 1, 1970; and (7) the reimbursement of operators and insurers for claims denied before March 1, 1978, but subsequently approved in accordance with the provisions of the Black Lung Benefits Act.

Requires the transfer of amounts appropriated to the Trust Fund at least monthly.

Requires the Secretary of the Treasury to hold the Trust Fund and report to the Congress annually on its financial condition and operation and its expected status during the next five fiscal years. Sets forth requirements for investment by the Trust Fund in interest-bearing obligations of the United States.

Amends the Black Lung Benefits Act to set the rate of interest on operator liabilities.

Repeals the provision which established the Black Lung Disability Trust Fund under the Black Lung Benefits Revenue Act of 1977.

Subtitle B: Miscellaneous Revenue Amendments - Amends the Tax Reform Act of 1976 to defer until 1984 the effective date of special rules limiting net operating loss carryovers.

Requires information returns to be filed with the Internal Revenue Service with respect to the leasing of depreciable business property between corporations. Sets forth the information required with such returns.

Provides that the limitations placed on income tax deductions for expenses in connection with the business or rental use of a home shall not apply to rentals to a family member or a person who has an interest in the dwelling unit pursuant to a shared equity financing agreement if such person pays a fair rental and uses such residence as the principal place of residence. Defines "shared equity financing agreement."

Provides that the limits placed on deductions for the business use of a home and the rental of vacation homes shall not apply to any deduction otherwise allowable by reason of the taxpayer's being away from home in the pursuit of a trade or business. Provides that of of a dwelling unit shall be considered as having a business use if it is used exclusively on a regular basis as the principal place of business for any trade or business of the taxpayer. Provides that any day spent by the taxpayer in the repair or maintenance of a dwelling unit shall not be considered as a day of personal use merely because other individuals were on the premises and were not engaged in such repair and maintenance work.

Title II: Benefits Amendments - Black Lung Benefits Amendments of 1981 - Amends the Black Lung Benefits Act regarding eligibility and benefits on claims filed after the effective date of this Act to: (1) eliminate restrictions on the Department of Labor's use of second opinion X-rays; (2) eliminate specified presumptions of black lung presence; (3) eliminate the presumptions of eligibility for survivors of specified miners who died on or before March 1, 1978; (4) make only third-party affidavits sufficient to establish survivors' claims where there are no other supporting medical records; (5) limit survivors' benefits to cases where the miner died from black lung; (6) make previously determined eligible survivors' claims liable for revalidation; (7) apply excess earnings under the Social Security Act to offset specified black lung disability payments; and (8) set black lung benefit levels at 37 1/2 percent of the monthly pay for Federal employees in grade GS-2, step 1.

Directs the Secretary of Labor to to: (1) undertake studies of black lung disease and benefits available under such Act and under other assistance programs; and (2) report findings and recommendations to the Congress within 18 months after January 1, 1982.

Eliminates the obligation of the Black Lung Disability Trust Fund to pay retroactive benefits in cases of operator nonpayment on claims filed after enactment of this Act. Provides that interest charges shall be made at the same rate as for other overdue debts owed to the Government, including retroactive payments based on final adjudications of operator liability. Makes such fund liable (rather than the operators) for specified claims previously denied but subsequently reopened and approved.