[107th Congress Public Law 275]
[From the U.S. Government Printing Office]


[DOCID: f:publ275.107]

[[Page 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. <<NOTE: Nov. 2, 2002 -  [H.R. 5542]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Black Lung Consolidation of 
Administrative Responsibility Act. Government organization.>> assembled,

SECTION 1. <<NOTE: 30 USC 801 note.>> 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 <<NOTE: 30 USC 921-924.>> 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

[[Page 116 STAT. 1926]]

                          (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. <<NOTE: 30 USC 921 note.>> 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) <<NOTE: Applicability.>> 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.--

[[Page 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 
                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.

[[Page 116 STAT. 1928]]

    (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. <<NOTE: 30 USC 902 note.>> 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:
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CONGRESSIONAL RECORD, Vol. 148 (2002):
            Oct. 7, 9, considered and passed House.
            Oct. 16, considered and passed Senate.

                                  <all>