Page:United States Statutes at Large Volume 116 Part 3.djvu/334

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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 (c) REPEAL OF OBSOLETE PROVISIONS.—The following provisions of law are repealed: (1) Section 435 of the Black Lung Benefits Act (30 U.S.C. 945).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 USC 921 note. SEC. 3. TRANSITIONAL PROVISIONS. (a) APPLICABILITY.—T his 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; 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. —