[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5542 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 5542

_______________________________________________________________________

                                 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
                            (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.--
            (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.
    (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.

            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.