(a) When the determination of the amount of any civil money penalty
provided for in this part becomes final, in accordance with the
administrative assessment thereof, or pursuant to the decision and
order of an Administrative Law Judge, or following the decision of the
Secretary, the amount of the penalty as thus determined is immediately
due and payable to the U.S. Department of Labor on behalf of the Black
Lung Disability Trust Fund. The person against whom such penalty has
been assessed or imposed shall promptly remit the amount thereof, as
finally determined, to the Secretary by certified check or by money
order, made payable to the order of U.S. Department of Labor, Black
Lung Program. Such remittance shall be delivered or mailed to the
Director.
(b) If such remittance is not received within 30 days after it
becomes due and payable, it may be recovered in a civil action brought
by the Secretary in any court of competent jurisdiction, in which
litigation the Secretary shall be represented by the Solicitor of
Labor.
