[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5542 Enrolled Bill (ENR)]

        H.R.5542

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.