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McClatchy Washington Bureau
McClatchy Washington Bureau
National
Emma Dumain and Will Wright

Could fix on coal miners' pensions boost McConnell, even without black lung help?

WASHINGTON _ Congress is on track to pass legislation this year that will stabilize the pensions and health benefits of retired coal miners and their widows.

It's a huge win for longtime advocates of the cause, on and off Capitol Hill, who have spent years fighting for a legislative response to a mounting pension crisis in beleaguered mining communities.

It's also a significant political victory for Senate Majority Leader Mitch McConnell, R-Ky., who had put his influence behind the effort.

Lawmakers announced Monday the Bipartisan American Miners Act of 2019 would be included in a closely negotiated, must-pass government spending package finalized over the past few days by members of both parties, in both chambers, of Congress.

The provision will extend health retirement benefits to miners impacted by coal company bankruptcies that occurred in 2018 and 2019. It will shore up pensions by increasing the cap on transfers from the U.S. Department of Treasury to the federal Abandoned Mine Lands Fund from $490 million annually to $750 million.

It also will take a step toward addressing a warning from the United Mine Workers of America that, without legislative action, the pension fund will be insolvent by 2022.

The spending bill, which includes the pension fix, is expected to be cleared by Congress and signed into law by Friday.

McConnell's endorsement of this effort was a confidence-booster for advocates working on the issue: while McConnell has taken credit for helping address miners' health care woes in the past, this marked the first time he'd actually put his name on a bipartisan piece of legislation to address the specific crisis with the pension program.

He took credit for Monday's accomplishment, too.

"I was proud to mobilize the federal government into action to safeguard coal miners' pension and health care benefits from a looming threat," McConnell said in a statement Monday. "At my request (the) legislation has been included in the government spending bill."

Cecil E. Roberts, the president of the United Mine Workers of America, was happy to let him have it.

"While words cannot truly express what retired miners and their families are feeling this day, I can say this: Majority Leader Mitch McConnell's support was crucial to securing this legislation ... We will never forget it."

McConnell said he signed onto the bill _ co-sponsored by Republican Shelley Moore Capito and Democrat Joe Manchin, senators from another large coal-producing state of West Virginia _ because he saw a new sense of urgency with the announcement that Murray Energy, one of the nation's largest coal producers, would declare bankruptcy.

"The startling number of orphaned miners in the drastically underfunded pension plan presents an urgent crisis for entire communities of miners, retirees and their families," McConnell said in a statement at the time. "I personally raised with President Trump the importance of protecting these coal miners' pensions and health retirement benefits."

But there could also be political advantages to McConnell getting the miners' pension fix included in a year-end spending package: He is up for reelection in 2020.

There's even a chance now McConnell could win a coveted endorsement from the UMWA, which has opted not to back McConnell in his previous two elections.

"Any time any legislator does something to help a group of people, like retired miners in this case, that's gonna help them in their popularity," Phil Smith, communications and governmental affairs director for the UMWA, said last week. "If Sen. McConnell is successful in getting this legislation through, I think that's gonna make them very pleased. Why wouldn't it?"

However, the exclusion of a provision for black lung victims could complicate McConnell's victory lap.

"I'm asking for this for Mr. McConnell: I'm asking him to please remember that East Kentucky is a mining area, and we do have a lot of miners and election is coming up. I want him to understand that," said Patty Amburgey, who is secretary of the local black lung association in Letcher County and whose husband died from black lung disease.

Black lung is an incurable and deadly disease caused by inhaling dust that is churned up during coal mining. Several studies, including one published last year by the American Public Health Association, have shown that the prevalence of black lung among coal miners in Central Appalachia is on the rise.

And, like the miners' pension fund, the Black Lung Disability Trust Fund is in its own state of disarray. The tax that coal companies pay to support the fund was cut in half earlier this year, sparking concern that the fund could eventually become insolvent. According to a report from the U.S. Government Accountability Office, the decrease in the black lung tax could cause the fund's expenses to exceed revenue by as early as 2020.

Several black lung associations in Eastern Kentucky visited Washington earlier this year to campaign for the reinstatement of the black lung tax. Though McConnell met with the group of former miners and their widows, he has not committed to reinstating the tax to its former level.

McConnell might be able to withstand scrutiny for this, though. While the UMWA has advocated for reinstating the black lung tax, Smith _ the UMWA spokesman _ said congressional Republicans would never have signed on to fix miners' pensions if the bill would have also reinstated the black lung tax, and that passing legislation to address the problems facing pension recipients was the most pressing priority.

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