I 
107TH CONGRESS 
2D SESSION 
H. R. 5542
To consolidate all black lung benefit responsibility under a single official, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 3, 2002
Ms. HART (for herself, Mr. NORWOOD, Mr. WAMP, and Mr. SHIMKUS) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To consolidate all black lung benefit responsibility under 
a single official, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Black Lung Consolida-
tion of Administrative Responsibility Act’’. 
SEC. 2. TRANSFER OF PART B BLACK LUNG BENEFIT RE-
SPONSIBILITIES FROM COMMISSIONER OF 
SOCIAL SECURITY TO SECRETARY OF LABOR. 
(a) IN GENERAL.—Part B of the Black Lung Bene-
fits 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 in-
serting ‘‘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 Consolida-
tion of Administrative Responsibilities Act,’’; 
(C) in subsection (f)(2)—
(i) by striking ‘‘which is subject to re-
view by the Secretary of Health, Edu-
cation, and Welfare,’’ and inserting ‘‘aris-
ing under part B’’; and 
(ii) by striking the comma after ‘‘Sec-
retary of Labor’’; and 
(D) in subsection (i), by amending para-
graph (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), by striking para-
graph (2) and redesignating paragraphs (3) 
through (5) as paragraphs (2) through (4), re-
spectively; 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 mat-
ter 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 fol-
lowing 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 Ben-
efits 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 sec-
tion 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 Sec-
retary of Labor all property and records that the Di-
rector of the Office of Management and Budget de-
termines 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 pur-
poses 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 Di-
rector of the Office of Management and Budget un-
less 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 pro-
cedure (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 para-
graph (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, termi-
nated, or otherwise deprived of legal effect by 
the Secretary of Labor, a court of competent 
jurisdiction, or operation of law. 
(d) CONTINUATION
OF
ADMINISTRATIVE
PRO-
CEEDINGS.—
(1) Any proceeding before the Commissioner in-
volving the functions transferred by this Act that is 
pending on the date this Act takes effect shall con-
tinue before the Secretary of Labor, except as pro-
vided in paragraph (2). 
(2) Any proceeding pending before an Adminis-
trative Law Judge or the Appeals Council pursuant 
to part B and the applicable regulations of the Sec-
retary of Health and Human Services shall continue 
before the Commissioner consistent with the fol-
lowing provisions: 
(A) Any proceeding described in this para-
graph shall continue as if this Act had not been 
enacted, and shall include all rights to hearing, 
administrative review, and judicial review avail-
able under part B and the applicable regula-
tions of the Secretary of Health and Human 
Services. 
(B) Any decision, order, or other deter-
mination 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, termi-
nated, 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 modi-
fication of any such proceeding under the same 
terms and conditions and to the same extent 
that such proceeding could have been discon-
tinued or modified if this Act had not been en-
acted. 
(3) Any proceeding before the Secretary of 
Labor involving the functions transferred by this Act 
shall be subject to the statutory requirements for no-
tice, hearing, action upon the record, administrative 
review, and judicial review that apply to similar pro-
ceedings before the Commissioner conducted prior to 
the enactment of this Act. 
(e) CONTINUATION OF ACTIONS AND CAUSES OF AC-
TION.—
(1) Except as provided in paragraphs (2) and 
(3), this Act shall not abrogate, terminate, or other-
wise 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 Commis-
sioner 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 con-
sistent with the following provisions: 
(A) Any proceeding described in this para-
graph shall continue as if this Act had not been 
enacted. 
(B) Any decision, order, or other deter-
mination 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, termi-
nated, 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 Com-
missioner that exists on the date this Act takes ef-
fect and involves any function transferred by this 
Act may be asserted by or against the Secretary of 
Labor or the United States.