PRIA, Government Policy, Made Personal

Summary

All orders, permits, grants, contracts, licenses, certificates, rules, and other official actions that were issued by the President, a federal agency or official, or a court and that were in effect on May 4, 1980 must keep working the way they do now until a proper official, a court, or the law changes them. Any hearings, rulemaking notices, or applications for licenses, permits, certificates, or financial help that were pending on May 4, 1980 continue and will be handled as if the agency change had not happened. Lawsuits started before May 4, 1980 also keep going and do not stop because of the change. If a department or officer in a pending suit had functions moved to the Secretary or the Department, the Secretary or the right Department official is added or substituted as a party. The Secretary’s decisions about these transferred functions can be reviewed by courts the same way they could be before the transfer, and the same notice, hearing, and record requirements still apply.

Title 20, §3505

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(a)Orders, determinations, etc.

All orders, determinations, rules, regulations, permits, grants, 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 Secretary or the Department, and

(2)which are in effect on May 4, 1980,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law.

(b)Proceedings and applications; transfer

(1)The provisions of this chapter shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on May 4, 1980, 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 the Secretary, 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 is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under paragraph (1) to the Department.

(c)Actions

Except as provided in subsection (e)—

(1)the provisions of this chapter shall not affect suits commenced prior to May 4, 1980, 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)Liabilities incurred

No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual 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 the official capacity of such officer shall abate by reason of the enactment of this chapter.

(e)Parties

If, before May 4, 1980, any department or agency, or officer thereof in the official capacity of such officer, 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 of the Department, then such suit shall be continued with the Secretary or other appropriate official of the Department substituted or added as a party.

(f)Review

Orders and actions of the Secretary in the exercise of functions transferred under this chapter shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this chapter shall apply to the exercise of such function by the Secretary.

Editorial Notes

Codification In subsecs. (a)(2), (b)(1), (c)(1), and (e), “May 4, 1980” substituted for “the

Effective Date

of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an

Effective Date

note under section 3401 of this title.

§3505 Savings Provisions

Summary

Title 20, §3505

Notes & Related Subsidiaries

Editorial Notes

Effective Date

Effective Date

Citations & Metadata