H. R. 5542—2
(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of law are repealed: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.—
H. R. 5542—3
(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 pro-
hibit the discontinuance or modification of any such pro-
ceeding 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 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.
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(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 Adminis-
tration, 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 func-
tions 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 trans-
ferred 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.