[Congressional Record Volume 148, Number 130 (Monday, October 7, 2002)]
[House]
[Pages H7144-H7146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     BLACK LUNG CONSOLIDATION OF ADMINISTRATIVE RESPONSIBILITY ACT

  Mrs. BIGGERT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5542) to consolidate all black lung benefit responsibility 
under a single official, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 5542

       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)

[[Page H7145]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Illinois (Mrs. Biggert) and the gentlewoman from California (Ms. 
Woolsey) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Illinois (Mrs. Biggert).


                             General Leave

  Mrs. BIGGERT. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous information on H.R. 5542.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Illinois?
  There was no objection.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5542, a bill to 
consolidate all of the administrative responsibilities related to the 
black lung benefits program within the Department of Labor. By 
eliminating overlapping and duplicative responsibilities between 
agencies, the bill will improve efficiency and ensure a continued high 
level of customer service for all beneficiaries.
  Currently, the black lung benefits program is administered by the 
Division of Coal Mine Workers' Compensation in the United States 
Department of Labor. The bill provides monetary and medical benefits to 
former coal mine workers who are completely disabled by pneumoconiosis, 
a crippling respiratory condition.
  When the program was enacted in 1969, the Social Security 
Administration, SSA, was given the initial responsibility for 
processing and paying claims. In 1972, however, amendments to the Act 
transferred responsibility for all new claims to the Department of 
Labor. Then, under a 1997 memorandum of understanding between DOL and 
SSA, all claims, including those filed with SSA prior to July 1, 1973, 
became the responsibility of the Department of Labor. The bill we 
consider today will formalize what has been the current practice and 
procedure since 1997.
  I want to point out this program enjoys a high level of customer 
satisfaction. In fact, recent survey results and joint audits by the 
Offices of the Inspector General at SSA and DOL confirmed the quality 
of service provided to program beneficiaries.
  While eliminating the confusion that can result when administrative 
responsibilities are divided between two agencies, this legislation 
will ensure that the beneficiaries continue to receive the highest 
quality of service. The legislation also implements a long-standing 
recommendation by the Inspectors General of SSA and DOL that the 
administrative responsibility for the program should be consolidated 
with DOL.
  It is important to note, Mr. Speaker, that the legislation would 
retain all the regulations currently applicable to the beneficiaries' 
entitlement. In addition to the specific provisions regarding the 
transfer, the legislation provides that the Director of the Office of 
Management and Budget, in consultation with the heads of SSA and DOL, 
is authorized to make such determinations as may be necessary to 
accomplish the purposes of the bill.
  Mr. Speaker, I would like to commend my colleague and sponsor of this 
bill, the gentlewoman from Pennsylvania (Ms. Hart), for her work on 
this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WOOLSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5542, the sole purpose of 
which is to consolidate the responsibility for the administration of 
the black lung benefits program in the Department of Labor.
  Historically, the Social Security Administration has handled claims 
filed prior to 1973, while the DOL has handled claims filed since 1973. 
As the population served by the Social Security Administration has 
decreased because of age, the Department of Labor has, pursuant to 
memorandum of understanding, undertaken increased responsibility for 
the program. At this point it make sense to consolidate responsibility 
for the program in the Department of Labor.
  Mr. Speaker, while I support this bill, I am disappointed that we are 
failing to deal with other issues, issues that would be more meaningful 
and benefit American workers. We have failed to increase an inadequate 
minimum wage.

[[Page H7146]]

We have failed to protect workers from abuses by managed care 
companies. We are impoverishing families who have exhausted their 
unemployment benefits by failing to provide extended benefits. In 
short, Mr. Speaker, we are not taking the steps we need to in order to 
protect working Americans.
  While we should be doing much more, I have no objections to this very 
modest bill. I urge the adoption of H.R. 5542.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from Pennsylvania (Ms. Hart), the sponsor of this bill.
  Ms. HART. Mr. Speaker, I thank the gentlewoman for yielding me this 
time.
  Mr. Speaker, I am pleased to be the sponsor of H.R. 5542, the Black 
Lung Consolidation of Administrative Responsibilities Act, on behalf of 
the administration and on behalf of the Department of Labor. Initially 
outlined in the President's 2003 budget for the Department of Labor, 
this legislation will consolidate, as was said earlier, all of the 
responsibility for the administration of black lung benefits under one 
agency.
  The black lung benefits program was enacted as part of the Coal Mine 
Health and Safety Act of 1969, the first comprehensive Federal 
legislation to regulate health and safety in the coal industry. The law 
created a temporary system to compensate victims of dust exposure in 
the mines with public funds administered by the Social Security 
Administration.
  In 1972, the Coal Mine Health and Safety Act was amended to require 
the use of simplified interim eligibility for all claims filed with the 
Social Security Administration and to transfer new claims to the 
Department of Labor in 1973. The Office of Workers' Compensation 
Programs in the Department of Labor assumed responsibility for the 
processing and the paying of these new claims on July 1, 1973. Most of 
the claims filed prior to that date remained in the jurisdiction of the 
Social Security Administration until 1997.
  On September 26, 1997, officials from the Social Security 
Administration and the Department of Labor signed a memorandum of 
understanding transferring the responsibility for managing all active 
Social Security Administration black lung claims to the Department of 
Labor. This change was aimed at eliminating any confusion about which 
Federal agency should handle the claims and also enhancing customer 
service to all black lung beneficiaries.
  At present, the Department of Labor manages all Federal black lung 
claims, while formal appeals on Part B claims are referred to the 
Social Security Administration.
  Mr. Speaker, there are a number of people who are beneficiaries of 
this program, a number in Pennsylvania, West Virginia and States 
surrounding mine. In fact, I am a descendant of coal miners, as are 
many of my constituents in Western Pennsylvania. The goal for us is to 
make sure that this program continues to be administered in a very 
efficient way.
  The Black Lung Consolidation of Administrative Responsibilities Act 
would simply transfer all of the responsibilities for the 
administration of claims under Part B of the Act to the Department of 
Labor, while retaining all regulations currently applicable to the 
beneficiaries' entitlements.
  Besides improving administrative efficiency, this transfer of 
responsibilities will ensure the continuation of a high level of 
customer service to beneficiaries. Joint audits by the Office of the 
Inspector General of the Social Security Administration and the 
Department of Labor, as the gentlewoman from Illinois (Mrs. Biggert) 
stated, have confirmed the high quality of claims-related services 
provided by the Department of Labor. It only makes sense to consolidate 
these services under the Department of Labor.
  Last year, in fact, the University of Michigan released the results 
of a customer satisfaction survey of beneficiaries receiving the 
services under the DOL and found the highest level of customer 
satisfaction of any Federal benefits program surveyed.
  Finally, the legislation implements a long-standing recommendation by 
the Inspectors General of the Department of Labor and the Social 
Security Administration that the administrative responsibility for the 
Black Lung Benefits Act should be consolidated within the Department of 
Labor. This change would ensure the continuation of this high level of 
service to program beneficiaries, many of whom are elderly and unwell.

                              {time}  2100

  While eliminating confusion and duplication of administration 
functions, it will also make sure that these beneficiaries continue to 
receive a high level of service. The Black Lung Consolidation of 
Administrative Responsibility Act is simply common sense and good 
government. In times like these when we find our budget is tight and we 
need to be very careful about our spending, this measure will continue 
to help us achieve that. I urge my colleagues to support this 
legislation.
  Ms. WOOLSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to remind my colleagues that although this 
is a good thing we are doing for Pennsylvania and co-workers that there 
are steps we are not taking to protect American workers. First of all, 
we have an inadequate minimum wage. We also have failed to reform 
managed care, and we have exhausted unemployment benefits for many, 
many of our workers who are part of this horrific economy that we are 
faced with. We must deal with the big picture also.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  In closing, I would like again to commend my colleague and sponsor of 
this bill, the gentlewoman from Pennsylvania (Ms. Hart), for her work 
on the legislation and to thank the chairman of the Committee on 
Education and the Workforce. And I urge my colleagues to support this 
commonsense bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Brown of South Carolina). The question 
is on the motion offered by the gentlewoman from Illinois (Mrs. 
Biggert) that the House suspend the rules and pass the bill, H.R. 5542, 
as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mrs. BIGGERT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________