[107th Congress Public Law 275]
[From the U.S. Government Printing Office]
[DOCID: f:publ275.107]
[[Page 116 STAT. 1925]]
Public Law 107-275
107th Congress
An Act
To consolidate all black lung benefit responsibility under a single
official, and for other purposes. <<NOTE: Nov. 2, 2002 - [H.R. 5542]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Black Lung Consolidation of
Administrative Responsibility Act. Government organization.>> assembled,
SECTION 1. <<NOTE: 30 USC 801 note.>> SHORT TITLE.
This Act may be cited as the ``Black Lung Consolidation of
Administrative Responsibility Act''.
SEC. 2. TRANSFER OF PART B BLACK LUNG BENEFIT RESPONSIBILITIES FROM
COMMISSIONER OF SOCIAL SECURITY TO SECRETARY OF LABOR.
(a) In General.--Part <<NOTE: 30 USC 921-924.>> B of the Black Lung
Benefits Act (30 U.S.C. 921 et seq.) other than section 415(b) (30
U.S.C. 925(b)) is amended by striking ``Commissioner of Social
Security'' each place such term appears and inserting ``Secretary''.
(b) Conforming Amendments.--
(1) Section 402 of such Act (30 U.S.C. 902) is amended--
(A) in subsection (c), by striking ``where used in
part C'' and inserting ``, except where expressly
otherwise provided,'';
(B) in subsection (f)(1), by inserting after
``Secretary of Health, Education, and Welfare'' the
following: ``, which were in effect on the date of
enactment of the Black Lung Consolidation of
Administrative Responsibilities Act,'';
(C) in subsection (f)(2)--
(i) by striking ``which is subject to review
by the Secretary of Health, Education, and
Welfare,'' and inserting ``arising under part B'';
and
(ii) by striking the comma after ``Secretary
of Labor''; and
(D) in subsection (i), by amending paragraph (1) to
read as follows:
``(1) for benefits under part B that was denied by the
official responsible for administration of such part; or''.
(2) Section 413(b) of such Act (30 U.S.C. 923(b)) is amended
by striking ``In carrying out the provisions of this part'' and
all that follows through ``Social Security Act, but no'' and
inserting ``No''.
(3) Section 415 of such Act (30 U.S.C. 925) is amended--
(A) in subsection (a)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3) through
(5) as paragraphs (2) through (4), respectively;
and
[[Page 116 STAT. 1926]]
(iii) in paragraph (4) (as so redesignated),
by striking ``paragraph 4'' and inserting
``paragraph (2)''; and
(B) in subsection (b), by striking ``, after
consultation with the Commissioner of Social
Security,''.
(4) Section 426 of such Act (30 U.S.C. 936) is amended--
(A) in subsection (a), by striking ``, the
Commissioner of Social Security,''; and
(B) in subsection (b), by amending the first
sentence to read as follows: ``At the end of fiscal year
2003 and each succeeding fiscal year, the Secretary of
Labor shall submit to the Congress an annual report on
the subject matter of parts B and C of this title.''.
(5) Public Law 94-504 (30 U.S.C. 932a) is amended by
striking ``under part C'' and inserting ``under part B or part
C''.
(c) Repeal of Obsolete Provisions.--The following provisions of law
are repealed:
(1) Section 435 of the Black Lung Benefits Act (30 U.S.C.
945).
(2) Sections 11 and 19 of the Black Lung Benefits Reform Act
of 1977 (30 U.S.C. 924a, 904).
SEC. 3. <<NOTE: 30 USC 921 note.>> TRANSITIONAL PROVISIONS.
(a) Applicability.--This section shall apply to the transfer of all
functions relating to the administration of part B of subchapter IV (30
U.S.C. 901 et seq.) from the Commissioner of Social Security
(hereinafter in this section referred to as the ``Commissioner'') to the
Secretary of Labor, as provided by this Act.
(b) Transfer of Assets, Liabilities, etc.--
(1) The Commissioner shall transfer to the Secretary of
Labor all property and records that the Director of the Office
of Management and Budget determines relate to the functions
transferred to the Secretary of Labor by this Act or amendments
made by this Act.
(2) <<NOTE: Applicability.>> Section 1531 of title 31,
United States Code, shall apply in carrying out this Act and
amendments made by this Act, except that, for purposes of
carrying out this Act and amendments made by this Act, the
functions of the President under section 1531(b) shall be
performed by the Director of the Office of Management and Budget
unless otherwise directed by the President.
(c) Continuation of Orders, Determinations, etc.--
(1) This Act shall not affect the validity of any order,
determination, rule, regulation, operating procedure (to the
extent applicable to the Secretary of Labor), or contract that--
(A) relates to a function transferred by this Act;
and
(B) is in effect on the date this Act takes effect.
(2) Any order, determination, rule, regulation, operating
procedure, or contract described in paragraph (1) shall--
(A) apply on and after the effective date of this
Act to the Secretary of Labor; and
(B) continue in effect, according to its terms,
until it is modified, superseded, terminated, or
otherwise deprived of legal effect by the Secretary of
Labor, a court of competent jurisdiction, or operation
of law.
(d) Continuation of Administrative Proceedings.--
[[Page 116 STAT. 1927]]
(1) Any proceeding before the Commissioner involving the
functions transferred by this Act that is pending on the date
this Act takes effect shall continue before the Secretary of
Labor, except as provided in paragraph (2).
(2) Any proceeding pending before an Administrative Law
Judge or the Appeals Council pursuant to part B and the
applicable regulations of the Secretary of Health and Human
Services shall continue before the Commissioner consistent with
the following provisions:
(A) Any proceeding described in this paragraph shall
continue as if this Act had not been enacted, and shall
include all rights to hearing, administrative review,
and judicial review available under part B and the
applicable regulations of the Secretary of Health and
Human Services.
(B) Any decision, order, or other determination
issued in any proceeding described in this subsection
shall apply to the Secretary of Labor and continue in
effect, according to its terms, until it is modified,
superseded, terminated, or otherwise deprived of legal
effect by the Secretary of Labor, a court of competent
jurisdiction, or operation of law.
(C) Nothing in this paragraph shall be deemed to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been
discontinued or modified if this Act had not been
enacted.
(3) Any proceeding before the Secretary of Labor involving
the functions transferred by this Act shall be subject to the
statutory requirements for notice, hearing, action upon the
record, administrative review, and judicial review that apply to
similar proceedings before the Commissioner conducted prior to
the enactment of this Act.
(e) Continuation of Actions and Causes of Action.--
(1) Except as provided in paragraphs (2) and (3), this Act
shall not abrogate, terminate, or otherwise affect any action or
cause of action, that--
(A) relates to a function transferred by this Act;
and
(B) is pending or otherwise in existence on the date
this Act takes effect.
(2) Any action pending before the Commissioner or any court
on the date this Act takes effect that involves a function
transferred by this Act shall continue before the Commissioner
or court consistent with the following provisions:
(A) Any proceeding described in this paragraph shall
continue as if this Act had not been enacted.
(B) Any decision, order, or other determination
issued in any proceeding subject to this paragraph shall
apply to the Secretary of Labor and continue in effect,
according to its terms, until it is modified,
superseded, terminated, or otherwise deprived of legal
effect by the Secretary of Labor, a court of competent
jurisdiction, or operation of law.
(3) Any cause of action by or against the Commissioner that
exists on the date this Act takes effect and involves any
function transferred by this Act may be asserted by or against
the Secretary of Labor or the United States.
[[Page 116 STAT. 1928]]
(f) Continuation of Actions Against Officers.--No suit, action, or
other proceeding commenced by or against any officer in his official
capacity as an officer of the Social Security Administration, and
relating to a function transferred by this Act, shall abate by reason of
the enactment of this Act. No cause of action by or against the Social
Security Administration, or by or against any officer thereof in his
official capacity, relating to a function transferred by this Act, shall
abate by reason of enactment of this Act.
(g) Preservation of Penalties, etc.--The transfer of functions under
this Act shall not release or extinguish any penalty, forfeiture,
liability, prosecution, investigation, or right to initiate a future
investigation or prosecution involving any function transferred by this
Act.
SEC. 4. <<NOTE: 30 USC 902 note.>> EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect 90
days after the date of enactment of this Act.
Approved November 2, 2002.
LEGISLATIVE HISTORY--H.R. 5542:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 148 (2002):
Oct. 7, 9, considered and passed House.
Oct. 16, considered and passed Senate.
<all>