barnhart commissioner social security peabody coal et argued october decided january coal industry retiree health benefit act coal act act commissioner social security shall october assign coal industry retiree eligible benefits act extant operating company signatory operator related entity shall responsible funding beneficiary benefits assignment signatory operator binds operator pay annual premium mine workers america combined benefit fund combined fund administers benefits premium three components health benefit premium death benefit premium premium retirees assigned particular operator whose benefits paid combined fund assigned important object coal act providing stable funding health benefits orphan retirees although signatory operators required pay unassigned beneficiaries premium funding mine workers america pension plan umwa pension plan abandoned mine land reclamation fund aml fund runs signatory operator unassigned beneficiaries premium based number assigned beneficiaries signatory assigned retirees required cover greatest share benefits payable unassigned beneficiaries two separate actions different district courts respondent companies challenged initial assignments made october deadline claiming date set time limit commissioner assignment power beneficiary assigned date must left unassigned life challenged assignments void corresponding benefits must financed transfers umwa pension plan aml fund necessary unassigned beneficiaries premiums paid signatory operators timely assignments made companies obtained summary judgments sixth circuit affirmed held initial assignments made october valid despite untimeliness pp companies contention commissioner failure jurisdictional affected beneficiaries may never assigned former employers may go scot free unsupportable counterintuitive pp rejected argument comparable companies position couching duty terms mandatory shall together specific deadline leaves commissioner authority make initial assignment october brock pierce county found secretary labor deadline issue final determination complaint federal grant fund misuse meant spur action limit scope authority untimely action valid since brock ever construed provision government shall act within specified time without jurisdictional limit precluding action later statute specify consequence noncompliance statutory timing provisions federal courts ordinarily impose coercive sanction james daniel good real property hence oddity claim date late official action shift financial burdens otherwise responsible private purses public fisc let alone siphon money funds set aside different public purpose like aml fund land reclamation point even brock case subject coal act passed six years brock congress presumably aware readily infer congressional intent limit agency power finish mandatory job merely specification act certain time nothing limiting shall found coal act express language supports companies structure purpose legislative history go structural clues support commissioner act instances combining shall specific date possibly read prohibit action outside statutory period see instances conclusion based plausibility grounds congress meant set counterintuitive limit authority act said surely couched intent language brock already held lack clear jurisdictional significance pp result appealing plausibility affected either textual features companies argue indicate inability assign beneficiaries october pp provision unassigned beneficiary status characterized specification consequence failure assign beneficiary operator related person speaks terms commissioner failure assign beneficiaries simply beneficiaries assigned obvious reason unassigned status former employer disappearance say failure timely assignment also leave beneficiary unassigned simply means unassigned status significance peculiar failure timely assignment addition extent unassigned status consequence mere untimeliness obvious reason specifying consequence supposed desire finality default rule telling social security administration funding source use absence unrealistic think congress understood unassigned status enduring consequence uncompleted work nothing indicates foresaw beneficiaries matchable operators still business might assigned deadline one instance congress clearly weighed finality october accuracy initial assignments accuracy see companies attempts limit apparent preference accuracy fail pp ii provision operator contribution benefit unassigned shall calculated based assignments october mean assigned operator percentage potential liability benefit unassigned fixed according assignments made date need mean companies contend assignments actually stand date mean assignments shall date assuming commissioner complies congress command since plain reading nothing left argument except stress applicable percentage modified accordance exceptions initial error assignee operator demise enunciation two exceptions imply exclusion third reason think congress considered exclusion good reason conclude congress foresee failure make timely assignments pp coal act designed allocate greatest number beneficiaries prior responsible operator way reach objective read statutory date spur prompt action bar tardy completion business ensuring benefits funded much possible principally responsible pp fed appx first judgment second judgment reversed souter delivered opinion rehnquist stevens kennedy ginsburg breyer joined scalia filed dissenting opinion thomas joined thomas filed dissenting opinion jo anne barnhart commissioner social security petitioner peabody coal company et al jo anne barnhart commissioner social security petitioner bellaire corporation et al michael holland et petitioners bellaire corporation et al writs certiorari appeals sixth circuit january justice souter delivered opinion coal industry retiree health benefit act coal act act includes present providing generally commissioner social security shall october assign coal industry retiree eligible benefits extant operating company related entity shall responsible funding assigned beneficiary benefits question whether initial assignment made date valid despite untimeliness hold spoken portions coal act two recent cases barnhart sigmon coal eastern enterprises apfel first sketches act history enough recall current form act requires commissioner assign possible every coal industry retiree signatory operator defined signatory coal wage agreement specified assignment turn retiree employment history particular operator unless appropriate signatory longer business case proper assignee related person operator defined terms corporate associations relationships issue act recognizes retirees unassigned assignment signatory operator binds operator pay annual premium mine workers america combined benefit fund established act administer benefits premium three components starting health benefit premium computed multiplying number assigned retirees year per beneficiary premium set commissioner based combined fund health benefit expenses prior year adjusted changes consumer price index second element death benefit premium projected benefits retirees survivors premium operator share amount actuarially determined combined fund required pay plan year death benefits coverage possible third constituent premium retirees assigned particular operator whose health death benefits nonetheless paid combined fund assigned beneficiaries passage coal act many operators withdrew coal wage agreements shifting costs paying retirees benefits remaining signatories sigmon coal supra important object coal act providing stable funding health benefits orphan retirees house committee ways means development implementation coal industry retiree health benefit act comm print hereinafter coal act implementation see energy policy act pub stat intent stabilize plan funding provide continuation privately financed program signatory operators may compelled contribute benefit unassigned beneficiaries however funding two sources must run mine workers america pension plan umwa pension plan required make three substantial payments combined fund purpose february october october act also calls yearly payments combined fund abandoned mine land reclamation fund aml fund established reclamation restoration land water resources degraded coal mining annual transfers aml fund limited greater million annual interest earned fund subject aggregate limit equal amount interest earned aml fund september october far transfers umwa pension plan aml fund covered benefits unassigned beneficiaries fall short however third source comes play third element operator combined fund premium becomes actual assignee operators operators assigned retirees pay unassigned beneficiaries premium applicable percentage portion amount needed pay annual benefits unassigned operator applicable percentage defined percentage determined dividing number eligible beneficiaries assigned section operator total number eligible beneficiaries assigned section operators determined basis assignments october signatory assigned retirees thus cover greatest share benefits payable unassigned well spouses certain dependants ii although provides commissioner shall complete assignments october commissioner estimates beneficiaries first assigned signatory operators statutory date parties disagree reason commissioner failed meet deadline dispute need resolved october commissioner assigned beneficiaries respondents peabody coal company eastern associated coal total beneficiaries respondents bellaire corporation nacco industries north american coal corporation companies challenged assignments two separate actions different district courts claiming statutory date sets time limit commissioner power assign beneficiary assigned october beneficiary eligible dependants must left unassigned life respondent companies right challenged assignments void corresponding benefits must financed transfers umwa pension plan aml fund necessary unassigned beneficiary premiums paid signatory operators timely assignments made commissioner denied congress intended commissioner tardiness assignments impose permanent charge public aml fund otherwise earmarked reclamation raise threat permanently heavier financial burdens companies happened get assignments october commissioner argued congress primarily intended coal operators pay retirees trustees combined fund intervened one cases took commissioner view initial assignments made september companies obtained summary judgments case authority dixie fuel commissioner social security went commissioner issue appeals sixth circuit affirmed two opinions likewise following dixie fuel peabody coal massanari fed appx bellaire massanari fed appx conflicting fourth circuit holding holland pardee coal granted certiorari resolve reverse iii misses point simply argue october date mandatory imperative deadline course however unrealistic mandate may commissioner discretion choose leave assignments prescribed date assignments issue represent default statutory duty though may well wholly blameless one failure act schedule merely raises real question consequence tardiness respondent companies call failure jurisdictional affected beneficiaries like truly orphan beneficiaries may never assigned instead must permanent wards umwa pension plan aml fund potentially coal operators without prior relationship beneficiaries companies words say tardily assigned beneficiaries perhaps formerly employees go scot free think claim unsupportable counterintuitive first companies position couching duty terms mandatory shall together specific deadline leaves commissioner authority make initial assignment october rejected comparable argument brock pierce county dealing power secretary labor audit grant recipient provision shall issue final determination within days receiving complaint alleging misuse federal grant funds like appeals ninth circuit brock thought mandate deadline together implied congress intended prevent secretary acting statutory period contrary expressed reluctance conclude every failure agency observe procedural requirement voids subsequent agency action especially important public rights stake reversed litigation secretary responsibility brock substantial ability complete within days subject factors beyond secretary control secretary delay respondent theory prejudice rights taxpaying public accordingly read provision meant spur secretary action limit scope authority untimely action still valid since brock ever construed provision government shall act within specified time without jurisdictional limit precluding action later thus provision detention hearing shall held immediately upon detainee first appearance judicial bar detention tardy hearing quoting mandate secretary health human services shall within certain time mean official lacked power act beyond regions hospital shalala summed way statute specify consequence noncompliance statutory timing provisions federal courts ordinary course impose coercive sanction james daniel good real property hence oddity date claim late official action shift financial burdens otherwise responsible private purses public fisc let alone siphon money funds set aside expressly different public purpose like aml fund land reclamation point however even brock case subject coal act adopted six years brock came congress presumably aware readily infer congressional intent limit agency power get mandatory job done merely specification act certain time see wells brock example consequently mean statute directing official action needs mandatory shall grant power sensibly read expire job supposed done nothing limiting however found coal act express language supports companies structure purpose legislative history go structural clues support commissioner coal act instances combining word shall specific date possibly read prohibit action outside statutory period congress example provided umwa pension plan shall transfer combined fund installments million february october october failure make transfer one precise dates whatever reason left umwa pension plan authority make payment october even business day consider act mandatory provisions trustees combined fund shall designated later days enactment date designated trustees shall later days enactment date give commissioner certain information benefits one seriously argue entire scheme nullified appointments left day trustees whose appointments properly left day powerless divulge information ssa period instances draw conclusion grounds plausibility congress meant set counterintuitive limit authority act said surely couched intent language brock already held lack clear jurisdictional significance may said think result appealing plausibility affected either two textual features companies take indicating inability assign beneficiaries statutory date provision unassigned beneficiary status provision operator contribution benefit unassigned shall calculated basis assignments october companies characterize provision unassigned beneficiaries specification consequence failure assign beneficiary operator related person cf brock specifying consequence failure say shows failure must governed consequence provided corrected tardy assignment corresponding one made earlier specified consequence words reflects legislative preference finality accurate initial assignments creates right part companies rely permanently state affairs october think line reasoning unsound every step begin whatever might inferable fact specific provision addressed failure make timely assignment part act referring unassigned beneficiaries provision act speaks beneficiaries terms commissioner failure assign time simply beneficiaries assigned obvious reason beneficiaries unassigned fact disappearance beneficiary former employer leaving signatory operator assignment say failure timely assignment also leave beneficiary unassigned act simply means unassigned status significance peculiar failure timely assignment second extent unassigned status consequence mere untimeliness far obvious reason specifying consequence supposed desire face provision beneficiary left tardiness functions simply default rule provide coverage new regime required place october source funding every beneficiary provisions unassigned employees tell ssa source absence read provision apparently made want something better absolute command forgo something better time fact unrealistic think congress understood unassigned status enduring consequence uncompleted work nothing indicates congress even foresaw beneficiaries matchable operators still business might assigned october companies point commissioner led congress believe late possible assignments made time see supra little legislative history point tends show congress assumed assignments made say operator still business made time october heels conference committee report act vote senate adopting act senator wallop gave detailed explanation coal act provisions unassigned beneficiaries assumed unassigned true orphans practical matter beneficiaries assigned specific last signatory operator related person assigned operator payment purposes instances none persons remain business even defined include related businesses thus provisions made unassigned beneficiary premiums cong rec senator report says transfer combined fund umwa pension plan aml fund made unassigned beneficiaries employed assigned operators time retirement operator remains business formulations described retiree becomes unassigned beneficiary coal act purpose assure beneficiary assigned remains responsibility particular operator number unassigned beneficiaries kept absolute minimum seems crossed congress mind category unassigned include beneficiaries let alone lot beneficiaries connected operator albeit late providing consequence default apparently congress plainly however weigh finality october accuracy initial assignments one circumstance accuracy section speaks beneficiaries assigned plan year suggesting assignment status may change year year one way may change correcting erroneous assignment act operator getting notice assignment days request information regarding basis assignment days receipt information ask reconsideration commissioner finds error combined fund trustees fix reducing premiums refunding overpayments see also ii nothing said finality october time limit whatever imposed commissioner authority reassign companies concede must statute permits reassignment october companies however try limit apparent preference accuracy arguing one feature provision reconsideration implicitly supports specific isolated exception otherwise unequivocal bar assignments statutory date suggests say bar otherwise absolute think conclusion follows first argument circular assumes availability reconsideration process time limit exception bar assignment activity imposed october time limit question whether october mandate fact bar section say nothing provision suggests enacted exception october date language operating notwithstanding date specified contrary reassignment made subsection ii authority reassign contained reasonably read lifting jurisdictional time bar simply specifying procedure aggrieved operator follow requesting commissioner exercise assignment power contained along combined operation two subsections thus implication commissioner powerless make initial assignment operator specified date suggestion goes way second reason read provision correction erroneous assignments implying commissioner employ authority make tardy initial assignment situation like read enumeration one case exclude another unless fair suppose congress considered unnamed possibility meant say dominion industries held repeatedly canon expressio unius est exclusio alterius apply every statutory listing grouping force items expressed members associated group series justifying inference items mentioned excluded deliberate choice inadvertence vonn explained point recently last term unanimous opinion chevron echazabal statutory language suggesting exclusiveness missing essential extrastatutory ingredient demonstration series terms omission bespeaks negative implication canon depends identifying series two terms things understood go hand hand abridged circumstances supporting sensible inference term left must meant excluded crawford construction statutes expressio unius properly applies natural association ideas mind reader expressed set way strong contrast omitted contrast enforces affirmative quoting state ex rel curtis de corps ohio vonn supra echazabal respondents fail show reason congress considered reassignments appeal go hand hand tardy initial assignments since congress apparently never thought initial assignments late see supra better inference face nothing case unprovided remaining textual argument companies side rests definition operator applicable percentage overall obligation assignee operators related persons fund benefits unassigned defined percentage operator assigned beneficiaries among assigned beneficiaries determined basis assignments october parenthesis omitted companies argue specification october means assigned operator percentage potential liability benefit unassigned fixed according assignments made date subject specific exceptions set requiring change percentage erroneously assigned retirees reassigned assignee operators go business companies contend position rests plain meaning date means assignments actually stand date yet words used statute read another way since congress required possible assignments complete october see equally fair read assignments date mean assignments shall date assuming commissioner complies command companies reading hospitable early finality assignments alternative favors completeness accuracy finality prevails seen plain reading however nothing left argument except stress applicable percentage modified accordance two exceptions recognizing changes initial error demise assignee operator answer point course already given enunciation two exceptions imply exclusion third unless reason think third least considered whereas good reason conclude congress adopted language question foresee failure make timely assignments see supra phrase read govern situation congress clearly require absolute finality assignments urged companies iv much certain coal act rests congress stated finding necessary identify persons responsible plan liabilities express desire provide continuation privately financed program delivery health care benefits energy policy act pub stat words senator wallop report delivered shortly enactment statute designed allocate greatest number beneficiaries plans prior responsible operator reason definitions intended drafters given broad interpretation accomplish goal cong rec accept companies argument specified date action jurisdictional read act allocate greatest least number beneficiaries responsible operator way reach congressional objective however read statutory date spur prompt action bar tardy completion business ensuring benefits funded much possible identified congress principally responsible judgments appeals cases accordingly reversed jo anne barnhart commissioner social security petitioner peabody coal company et al jo anne barnhart commissioner social security petitioner bellaire corporation et al michael holland et petitioners bellaire corporation et al writs certiorari appeals sixth circuit january justice scalia justice justice thomas join dissenting holding today confers upon commissioner social security unexpiring power assign retired coal miners signatory operators view disposition irreconcilable text structure coal industry retiree health benefit act coal act act finds support precedents respectfully dissent respondents contend commissioner properly assigned responsibility coal miners section provides pertinent part commissioner social security shall october assign coal industry retiree eligible beneficiary signatory operator related person respect remains business following order first signatory operator signatory coal wage agreement subsequent coal wage agreement recent signatory operator employ coal industry retiree coal industry least years second retiree assigned paragraph signatory operator signatory coal wage agreement subsequent coal wage agreement recent signatory operator employ coal industry retiree coal industry third retiree assigned paragraph signatory operator employed coal industry retiree coal industry longer period time signatory operator prior effective date coal wage agreement commissioner failed complete task assigning eligible beneficiary signatory operator october result many eligible beneficiaries unassigned benefits financed time mine workers america pension plan umwa pension plan abandoned mine land reclamation fund see commissioner blames failure meet statutory deadline magnitude task lack appropriated funds brief petitioners trustees umwa combined benefit fund thought however cases letting commissioner complete little unfinished business barely missed deadline concern assignments respondents vast majority made years statutory deadline passed app respondents contend assignments unlawful unless congress conferred upon commissioner power claims unexpiring authority assign eligible beneficiaries signatory operators respondents must prevail section coal act provide expansive power provisions act confirm ii well established agency power regulate private entities must grounded statutory grant authority congress see fda brown williamson tobacco bowen georgetown univ hospital louisiana pub serv fcc principle special importance respect extraordinary power commissioner asserts compel coal companies pay miners families health benefits never contracted pay held commissioner use power even exercised october violates constitution extent imposes severe retroactive liability certain coal companies see eastern enterprises apfel agency exercises power tests constitutional limits obligation assure rooted text statute holds commissioner retains power act october congress specify consequence statutory deadline ante makes sense power conferred limited time automatic consequence expiration time expiration power landowner authorizes someone cut christmas trees december doubt happens december passes authority cut terminates situation changed authorization combined mandate landowner enters contract says party shall cut christmas trees property december even time essence contract essence reasons shall discuss part iii infra one think contractor continuing authority days weeks perpetually harvest points ante three provisions coal act combine word shall statutory deadline view extendible section umwa pension plan shall transfer combined fund february says trustees combined fund shall later days enactment date furnish certain information regarding benefits commissioner provides certain individuals described shall designate trustees combined fund later days enactment date agree actions mandated first two deadlines taken deadlines expired though perhaps forever claims deadline reason however apply provisions power mandated stem mere implication mandate private entities involved power prescribed quite apart statutory command certain date umwa pension plan power transfer trustees combined fund power provide specified information whether statute commands question whether late exercise unquestionably authorized act produce consequences statute says follow timely exercise act though pursue analogy contract provided landowner harvest deliver trees december even december passes surely harvest deliver trees issue whether december date central contract late delivery contractual consequence requiring side counterperformance commissioner social security contrast private entity creature congress authority assign beneficiaries operators except insofar authority implicit mandate mandate hence implicit authority expired october last three provisions confer power otherwise available private entities involved power appoint initial trustees board combined fund however think clear indeed think quite debatable whether power survives deadline thought utterly essential trustees place seems reasonable interpret provision appointment successor trustees include power fill vacancies arising initial failure appoint interpret initial appointment power extend beyond specified termination date provision surely establish proposition mandates include continuing authority iii none cases relies even remotely point brock pierce county agency action question authorized explicit statutory grant authority separate apart provision contained mandate title supp repealed gave secretary labor authority order sanctions corrective actions appropriate another provision statute former required secretary investigating complaint recipient misusing funds make final determination regarding truth allegation later days receiving complaint held secretary failure meet deadline prevent ordering repayment misspent funds respondent said shown anything caused secretary lose power act emphasis added contrast commissioner never power act apart mandate expired october james daniel good real property federal statutes authorized government bring forfeiture action within limitation period held power revoked government failure comply separate internal timing requirements set forth provisions failed specify consequence noncompliance refused impose coercive sanction terminating government authority bring forfeiture action james daniel good supra authorization separate defaulted obligation affected authorization separate defaulted obligation statute issue gave courts power order pretrial detention hearing pursuant provisions subsection section one provisions hearing shall held immediately upon person first appearance judicial officer failed hold hearing immediately upon respondent first appearance yet held authority order pretrial detention unaffected explained conceivable combination procedural irregularities render detention hearing flawed constitute hearing pursuant provisions subsection purposes emphasis added mere failure comply requirement alone effect case holds authorization separate defaulted obligation affected authorization separate defaulted obligation contrast cases present ones demonstrates extended discussion whether congress specified consequences commissioner failure comply october deadline ante quite beside point specification termination authority may needed separate authorization canceled utterly superfluous authorization contained mandate expired iv commissioner lacks authority assign eligible beneficiaries statutory deadline confirmed provisions coal act otherwise rendered incoherent calculation death benefit premiums unassigned beneficiaries premiums owed coal operators based assigned operator applicable percentage defined percentage determined dividing number eligible beneficiaries assigned section operator total number eligible beneficiaries assigned section operators determined basis assignments october emphasis added statute specifies two circumstances adjustments may made assigned operator applicable percentage changes assignments october result appeals process set see assigned operator goes business see provision allows adjustments account initial assignments perfectly consistent view power assign extend beyond october incompatible holding contrary response structural dilemma nothing short astonishing concludes applicable percentage based assignments october may adjusted account subsequent initial assignments notwithstanding statutory command applicable percentage determined basis assignments october notwithstanding statute provision two two exceptions command include initial assignments enunciation two exceptions says imply exclusion third unless reason think third least considered ante ince congress apparently never thought initial assignments late better inference face nothing case unprovided referred limitation upon accepted principle construction inclusio unius exclusio alterius see myers fdic leatherman tarrant county narcotics intelligence coordination unit also absurd limitation since means unimaginable unlisted item likely excluded new maxim mean example exceptions hearsay rule beyond set forth federal rules evidence must recognized unlikely congress perhaps rules committee considered unnamed exceptions cases support proposition see williamson salerno reason make case unprovided exception clear import exclusive listing make exception clear textual disposition way therefore treatment issue ample precedent many wrongly decided cases replace legislature said courts thinks legislature said judges estimation said considered unanticipated consequences say courts disapprove event relevant question whether excludes grounds adjustments applicable percentage rather whether anything statute affirmatively authorizes answer question answer surprise given acknowledgment congress foresee failure make timely assignments ante initial assignments also reconciled coal act provisions regarding appointments board trustees section establishes combined fund board seven members one designated three employers assigned greatest number eligible beneficiaries section act provides initial trustee fill position pending completion assignment process permits initial trustee serve november evident therefore three employers assigned greatest number eligible beneficiaries section must known november simply inconceivable three appointing employers unknown post left unfilled commissioner completes assignment process whenever might designated trustee constantly change identity three employers assigned greatest number eligible beneficiaries section constantly changes bottom reading coal act confident filling provisions cover cases provided rests upon perception statute overriding goal accuracy assignments foundation sand coal act demonstrably scheme requires even attempts require perfect match beneficiary coal operator responsible beneficiary health care provides best rough justice seemingly unfair inequitable provisions abound example operator goes business provides beneficiaries previously assigned operator must go unassigned pool purposes calculating applicable percentage makes provision reassigned another operator even another operator might qualify hardly compatible scheme keen accuracy assignments envisions perpetual assignment authority commissioner account existence retreats nuanced position coal act prefers accuracy finality first assignment ante strange preference perfection virgin assignments mystery one might understand insisting upon perfect possible october prohibiting future changes way initial assignment otherwise assure initial system near perfect possible abstain future adjustments upset expectations render sales companies difficult conceivable reason insistence upon perfection initial assignments whether made deadline afterward however act insist upon accuracy initial assignments even made deadline assigned beneficiary one signatory operator held responsible health benefits even miner worked signatory operators perfect fairness share responsibility reality coal act reflects compromise goals perfection assignments finality provides accuracy initial assignments along repose signatory operators given full notice obligations october plan business accordingly without surprise new retroactive liabilities imposed commissioner naive rely guesses congress wanted legislation complicated culmination long legislative battle put barnhart sigmon coal highly interested parties attempt ed pull provisions different directions best way faithful resulting compromise follow statute text done impute congress one statutory objective favored majority expense equally plausible statutory objectives think clear text provisions coal act commissioner lacks authority assign eligible beneficiaries signatory operators october respectfully dissent judgment contrary jo anne barnhart commissioner social security petitioner peabody coal company et al jo anne barnhart commissioner social security petitioner bellaire corporation et al michael holland et petitioners bellaire corporation et al writs certiorari appeals sixth circuit january justice thomas dissenting fully agree justice scalia analysis cases accordingly join opinion write separately however reiterate seemingly obvious rule unless congress explicitly otherwise construe statutory term accordance ordinary natural meaning fdic meyer thus absent congressional directive contrary shall must construed mandatory command see american heritage dictionary ed defining shall something take place exist future something order promise requirement obligation shall leave shall answer misdeeds penalty shall exceed two years prison congress desires give shall nonmandatory meaning must say explicitly specifying consequences noncompliance explicitly defining term shall mean something mandatory directive indeed congress perfectly free signify hortatory nature wishes choosing among wide array words fact carry meaning preferably possible readily come mind given foregoing disagree brock pierce county progeny extent taken perhaps erroneously see ante scalia dissenting suggest shall mandatory failure specify consequence noncompliance preserves power act face noncompliance even grant authority act coterminous mandatory command fail see reason eviscerating clear meaning shall impermissible goal saving congress choices name achieving better policy article iii vest judges authority rectify congressional decisions view imprudent also note current interpretive approach penalty failing comply duty congress specify consequences noncompliance result irrational congress indicates lesser penalty noncompliance less loss power act administer lesser penalty shall stands let government officials shirk duty impunity rather depriving term shall ordinary meaning apply term mandatory directive secretary conclusion obvious secretary power make initial assignments october footnotes together barnhart commissioner social security bellaire et al see rule holland et al bellaire et also certiorari footnotes coal act definition related persons subject opinion last term barnhart sigmon coal simplicity refer related persons separately balance opinion according congressional report total premium single beneficiary fiscal year figure includes health death benefit premiums since unassigned beneficiaries premium yet charged coal act implementation premium approximately general accounting office report retired coal miners health benefit funds financial challenges continue apr commissioner proffered reason delay social security administration ssa permitted expend appropriated funds commence work assignments july congress enacted supplemental appropriations act pub stat commissioner also task researching employment records approximately coal industry workers order determine appropriate signatory operators monumental completed october without additional resources respondent companies counter acting commissioner assured congress less month statutory date ssa meet statutory responsibility complete assignments time hearing provisions relating health benefits retired coal miners house ways means committee hereinafter coal act hearing ser comm print statement acting commissioner thompson representative informed congress ssa completed process making initial assignment decisions october required law hearing coal industry retiree health benefit act subcommittee oversight house committee ways means ser statement principal deputy commissioner thompson general accounting office estimated invalidation assignments made september require combined fund refund million premium payments letter gloria jarmon hon william roth senate committee finance http visited available clerk case file grant certiorari appeals third circuit came side fourth circuit see shenango apfel one disagree justice scalia hen power conferred limited time automatic consequence expiration time expiration power post dissenting opinion assumption commissioner power assign retirees conferred limited time assumes away question decided justice scalia dissent elaboration circularity forever returning must postulate constitutes mandate expired statutory date post justice scalia closest approach nonconclusory justification position assertion entirely formal interpretive rule date figuring statutory subsection creation mandatory obligation ipso facto negates power tardy performance post justice scalia cites authority formalism contradicted single statutory subsection provided judicial officer shall hold hearing hearing shall held immediately upon person first appearance judicial officer quoting conversely brock pierce county james daniel good real property regions hospital shalala ascribed significance formal placement time limitation one ask statute providing obligor shall perform duty october thought differ fundamentally one providing obligor shall perform duty ii obligor duty shall performed october accepted fact time limits jurisdictional even though expressed separate statutory section jurisdictional grants see providing courts appeals shall jurisdiction appeals final decisions district courts providing notice appeal civil cases must filed within thirty days entry judgment browder director dept corrections stating limitation mandatory citation omitted others even incorporated jurisdictional provision see supra formalistic rules account difference explained contextual historical indications congress meant accomplish intent revealed several obvious ways rules define operator liability terms employment history see appellate rights test appropriateness initial assignment see infra expressed understanding companies got benefit worker labor pay worker benefits see infra else anyone naturally expect opposed sensible indications initial assignment deadline meant jurisdictional justice scalia new formal rule thwart statute object relieve respondent companies responsibility less lucky operators might required shoulder undoubtedly much political compromise development coal act politics justify turning process initial assignment game chance respondent companies attempt distinguish brock noted case aggrieved party sue administrative procedure act compel agency action unlawfully withheld unreasonably delayed quoting companies assert remedy applied commissioner duty whether case companies argue aggrieved failure assign retirees statutory date contrary temporarily avoided payment premium amounts indisputably liable assignments timely made therefore appear need provide operators remedy much less drastic remedy respondent see case commissioner failure meet october deadline justice scalia concedes theory extend far limit umwa pension plan duty transfer funds combined fund particular dates justice scalia attempts avoid outcome assuming without basis umwa pension plan power transfer funds combined fund absence authorization post dissenting opinion justice scalia confidence misplaced prior coal act enactment vice chairman secretary labor coal commission testified congress legislative authorization needed transfer occur one things concerned commission first understanding present state law employee retirement income security act act within power participants signatories transfer pension surplus benefit fund one reasons recommendation transfer authorized hearing subcommittee medicare care senate committee finance statement coal commission vice chairman perritt appears provides umwa pension plan power act time limit according justice scalia render action date ultra vires result even dissent embrace justice scalia thinks debatable power appoint initial trustees survives deadline post order avoid embarrassment concluding tardiness remove authority appoint initial trustees render act dead letter suggests initial trustee appointed even though provision applies appointment successor trustee made manner trustee succeeded whereas initial trustee succeed anyone extreme implausibility justice scalia suggested reading points unreasonableness placing jurisdictional gloss time limitation impossible believe congress meant herculean effort resolve coal industry benefit crisis come absolutely nothing trustees designated late basic lesson learned justice scalia contortions avoid untoward results flowing formalistic theory time limits mandatory official action always jurisdictional occur authorizing provision lesson something wrong theory many consequences course intended induce obligated person take untimely action rather bar action altogether section example denies certain tax deductions operators fail make contributions specified periods provides penalty operators fail pay premiums time first consequence eliminated operator takes action necessarily untimely second penalty ceases run premiums paid albeit time postenactment statements though entitled less weight effect hearing house committee ways means september one member asked whether ssa established procedures assure beneficiaries improperly designated unassigned acting commissioner social security responded employee training emphasized intent coal act assign miners mine operators possible coal act hearing statements johnson acting commissioner thompson record hearing also contains statement committee chairman act required operators pay retirees assume proportionate share liability true orphans retirees whose companies longer existence pay benefits point witness suggest unassigned beneficiary system intended miners assigned assigned october miners remain unassigned perpetuity order protect status quo date respondent companies cite postenactment statement representative johnson congress obligation make sure companies time figure liability prepare deal representative comment purport interpret coal act adopted however made discussing whether resolution passed give coal operators time prepare coal act obligations ibid one statement senator wallop preenactment report companies cite indicates understanding assignments fixed october see cong rec percentage unassigned beneficiary premiums allocable assigned operator october remain fixed future years discussed however indication congress foresaw commissioner unable complete assignments statutory date general statement made assumption assignments ever made made october show legislative preference finality accuracy assumption proven incorrect course case unprovided exception expressio unius canon post scalia dissenting merely canon tell us case provided negative implication unless item unmentioned normally associated items listed companies emphasize requires beneficiaries whose operator goes business must treated unassigned reassigned even assuming provision goes definition applicable percentage directly implicate assignments effect companies suggest said congress wished identify first responsible operator given retiree follow second assignment less responsible operator initial assigned operator left business interest indicate object finality accuracy first assignment contrary opts finality accurate initial assignment made absence exact explanation arrangement suppose explanation good political horse trading provisions terms govern initial assignment made tell us nothing period initial assignment may made fact permissibility postappeal reassignment october makes plain congress insisting upon perfect possible october prohibiting future changes way initial assignment otherwise post scalia dissenting justice scalia agrees contrary reassignment provision indicates system accuracy initial assignments whether made deadline afterward precisely act envisions ibid throughout opinion accuracy refers elusive system perfect fairness assignments commissioner following scheme set may said provision initial trustee serve november contrary justice scalia view post dissenting opinion respondent companies view transfers aml fund prove insufficient cover benefits unassigned beneficiaries operator received assignments prior october contribute penny unassigned beneficiary pool solely due commissioner fortuitous failure make assignments statutory deadline time operators received full assignments prior october forced cover fair share unassigned beneficiaries premiums although justice scalia sees act rife seemingly unfair inequitable provisions post dissenting opinion even view reason assume congress meant contested provisions construed unfair inequitable manner possible event justice scalia citation help position provides clear statutory solution problem congress anticipated end assigned operator business congress propounded response issue us clear doubtless split courts appeals cases us review given absence express provision statute goals best served treating operators way congress intended treated allowing commissioner identify operators responsible congressional research service report dated shortly enactment likewise act envisioned herever possible responsibility individual beneficiaries assigned previous employer still business coal industry use abandoned mine reclamation fund monies umwa orphan retiree health benefits reprinted cong footnotes interpretation assum away question decided accuses ante assumption rather consequence proposition scope agency power determined text statutory grant authority power assign eligible beneficiar ies prefaced phrase october statutory date intertwined grant authority part definition commissioner power statute provided commissioner shall october assign eligible beneficiary signatory operator surely beyond dispute assignments ineffective different conclusion obtain temporal scope commissioner authority likewise defined according clear unambiguous date charges formalism ante language matter form form congress chose presumptively represents political compromise congress arrived private entities unlike administrative agencies need authorization congress order act power take action within scope charter unless law forbids suggests employee retirement income security act erisa may actually forbid umwa pension plan transferring pension surplus benefit fund ante true convert statutory provision mold instead means umwa pension plan subject contradictory statutory mandates relevant question becomes whether extent implicitly repealed provisions erisa applied umwa pension plan resolving question small task given disinclination find implied repeals see morton mancari speculate instead content go along assumption nothing rest coal act prevents umwa pension plan transferring money combined fund statutory deadline emphasize nothing concession lends support interpretation enduring consequence today opinion may well gutting ancient canon construction speaks volumes dearth precedent position principal case relies upon ante chevron echazabal express language statute interpreted case demonstrated single enumerated example qualification standard illustrative rather exhaustive term qualification standards may include requirement individual shall pose direct threat health safety individuals workplace emphasis added little wonder find text omission bespeaks negative implication course opinion said nothing requirement central analysis today fair suppose congress considered unnamed possibility ante points review process support view coal act envisions accuracy inital assignments whether made deadline afterward ante emphasis deleted fact shows opposite reflecting statute competing objectives accuracy assignments finality sections provide time limits coal operators request reconsideration commissioner errors discovered time limits passed forever closed correction unless course chooses interest accuracy assignments ignore time limits ignored time limit