PUBLIC LAW 107–275—NOV. 2, 2002 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. 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 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

30 USC 921–924.

30 USC 801 note.

Black Lung

Consolidation of

Administrative

Responsibility

Act.

Government

organization.

Nov. 2, 2002

[H.R. 5542]

116 STAT. 1926 PUBLIC LAW 107–275—NOV. 2, 2002

(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. 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) 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.—

Applicability.

30 USC 921 note.

PUBLIC LAW 107–275—NOV. 2, 2002 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.

116 STAT. 1928 PUBLIC LAW 107–275—NOV. 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.

Æ

(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. 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.

30 USC 902 note.