§7295 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Any official orders, permits, licenses, rules, contracts, certificates, or similar actions tied to functions that were moved to the Department or the Commission after August 4, 1977 must stay in force if they were still active on October 1, 1977. Any applications or proceedings that were pending on October 1, 1977 before agencies whose work was moved must continue and be handled the same way as before. Orders from those proceedings stay effective until a proper official, a court, or the law changes them. The Secretary and the Commission can make rules to move those proceedings in an orderly way. Lawsuits started before October 1, 1977 are not stopped by these changes. They proceed, including appeals and judgments, as if the transfer had not happened. If a case involved an agency or officer whose duties were moved, the Secretary or the new official is put into the case in place of the old agency or officer.

Title 42, §7295

The Public Health and Welfare — Source: USLM XML via OLRC

(a)All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—

(1)which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this chapter to the Department or the Commission after August 4, 1977, and

(2)which are in effect on October 1, 1977,

(b)(1)The provisions of this chapter shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending on October 1, 1977, before any department, agency, commission, or component thereof, functions of which are transferred by this chapter; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection 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 chapter had not been enacted.

(2)The Secretary and the Commission are authorized to promulgate regulations providing for the orderly transfer of such proceedings to the Department or the Commission.

(c)Except as provided in subsection (e)—

(1)the provisions of this chapter shall not affect suits commenced prior to October 1, 1977, and

(2)in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted.

(d)No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this chapter, shall abate by reason of the enactment of this chapter. No cause of action by or against any department or agency, functions of which are transferred by this chapter, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this chapter.

(e)If, before October 1, 1977, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this chapter any function of such department, agency, or officer is transferred to the Secretary or any other official, then such suit shall be continued with the Secretary or other official, as the case may be, substituted.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 7101 of this title and Tables.

§7295 Savings provisions