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)—
(i) by striking paragraph (2):
(ii) by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4),
respectively; and
(iii) in paragraph (4) (as so redesig-
nated), by striking ‘‘paragraph 4’’ and in-
serting ‘‘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 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.
(f) CONTINUATION
OF ACTIONS AGAINST OFFI-
CERS.—No suit, action, or other proceeding commenced
by or against any officer in his official capacity as an offi-
cer 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 trans-
fer of functions under this Act shall not release or extin-
guish any penalty, forfeiture, liability, prosecution, inves-
tigation, or right to initiate a future investigation or pros-
ecution 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.
Passed the House of Representatives October 9,
2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 5542
AN ACT
To consolidate all black lung benefit responsibility
under a single official, and for other purposes.