Black Lung Consolidation of Administrative Responsibility Act
PL 107-275 (H.R.5542), enacted 11/02/2002

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 ConsoHdation of 
Administrative Responsibihty Act". 
SEC. 2. TRANSFER OF PART B BLACK LUNG BENEFIT RESPONSIBIL-
ITIES 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 pro-
vided,"; 
(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 carr)dng 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 peu-agraphs (3) through (5) 
as paragraphs (2) through (4), respectively; and 
Nov. 2, 2002 
[H.R. 5542] 
Black Lung 
Consolidation of 
Administrative 
Responsibility 
Act. 
Government 
organization. 
30 u s e 801 note. 
30 u s e 921-924. 
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). 
30 u s e 921 note. 
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. 
Applicability. 
(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; £ind 
(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.— 
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 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. 
116 STAT. 1928 
PUBLIC LAW 107-275—NOV. 2, 2002 
(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. 
30 use 902 note. 
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. 
LEGISLATIVE HISTORY—H.R. 5542: 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Oct. 7, 9, considered and passed House. 
Oct. 16, considered and passed Senate.