Page:Public Law 114-254.pdf/6

the current or former employer of such beneficiaries; and

"'(bb) those beneficiaries whose health benefits, defined as those benefits payable directly following death or retirement or upon a finding of disability by an employer in the bituminous coal industry under a coal wage agreement (as defined in section 9701(b)(1) of the Internal Revenue Code of 1986), would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015,

were taken into account, and for any other period during such fiscal year, only the beneficiaries described in subclause (I) were taken into account.

"'(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).

"'(v) 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.'.

"(c) Preservation of Payments to States and Indian Tribes.—Subparagraph (B) of section 402(i)(3) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. https://www.law.cornell.edu/uscode/text/30/1232/#i_3) is amended—

"(1) by striking 'so that' and inserting 'under paragraph (1) so that';

"(2) by striking 'each transfer' in clause (i) and inserting 'each such transfer'; and

"(3) by striking 'this subsection' in clause (iii) and inserting 'paragraph (1)'.

"(d) Budgetary Effects.—

"(1) Statutory paygo scorecards.—The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-AsYou-Go Act of 2010.

"(2) Senate paygo scorecards.—The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

"(3) Classification of budgetary effects.—Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated—