15 U.S.C. § 767 — Transitional and savings provisions
submitted 52 years ago by Pub. L. 93-275 to r/title-15-COMMERCE-AND-TRADE · 896 words · no verdicts yet
This section preserves existing orders, proceedings, suits, and rights when functions move under this chapter. It also provides substitution and judicial-review rules, preserves Presidential authority, and treats statutory references as including later amendments.
(a) Orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges issued, made, granted, or made effective by the President, a Federal department, agency, or official, or a court with jurisdiction, while performing functions transferred under this chapter remain effective according to their terms if they were in effect when this chapter takes effect. They remain so until the President, the Administrator*, another authorized official, a court with jurisdiction, or operation of law modifies, ends, replaces, sets aside, or revokes them.
(b) This chapter does not affect a proceeding pending when it takes effect before a department, agency, or component concerning transferred functions. The proceeding continues to the extent it concerns transferred functions. Orders must be issued, appeals must be taken except as section 766(i)(2) provides, and payments must be made under those orders as though this chapter had not been enacted. Orders from those proceedings remain effective until properly modified, ended, replaced, or revoked. This subsection does not prevent ending or changing a proceeding under the same conditions and to the same extent that it could have been ended if this chapter had not been enacted.
(c) Except as subsection (e) provides, this chapter does not affect suits begun before it takes effect. In those suits, proceedings, appeals, and judgments proceed with the same manner and effect as if this chapter had not been enacted.
(d) A suit or other proceeding begun by or against an officer in the officer’s official capacity does not end merely because this chapter is enacted. A cause of action by or against a department, agency, or such an officer also does not end for that reason. Causes of action and proceedings may be brought by or against the United States or the appropriate official. In a case pending when this chapter takes effect, the court may at any time, on its own or at a party’s request, enter an order giving effect to this section.
(e) If, before this chapter takes effect, a department, agency, or officer in an official capacity is a party to a suit, and this chapter transfers that party’s function to the Administrator or another official, the suit continues as though this chapter had not been enacted, with the Administrator or other official substituted as appropriate.
(f) Final orders and actions by an official or component performing transferred functions remain subject to judicial review to the same extent and in the same way as if the former officer, department, agency, or instrumentality had issued or taken them immediately before the effective date. Statutory notice, hearing, record-action, and administrative-review requirements for a transferred or delegated function apply when the Administrator or an Administration* officer or component performs it. If this subsection conflicts with section 766, section 766 controls.
(g) After the effective date, a reference in another law to a department, agency, officer, or office whose function was transferred is treated, for that function, as a reference to the Administration, the Administrator, or the office or officer that received the function.
(h) Nothing in this chapter limits, curtails, abolishes, or ends a Presidential function held immediately before the effective date. It also does not limit, curtail, abolish, or end the President’s authority to perform that function or to delegate, redelegate, or end a delegation of functions.
(i) A reference in this chapter to a provision of law includes, as appropriate, a reference to that provision as later amended or supplemented.
All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—
which have been issued, made, granted, or allowed to become effective by the President, by 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, and
which are in effect at the time this chapter takes effect,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Administrator*, other authorized officials, a court of competent jurisdiction, or by operation of law.
This chapter shall not affect any proceeding pending, at the time this chapter takes effect, before any department or agency (or component thereof) regarding functions which are transferred by this chapter; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals (except as provided in section 766(i)(2) of this title) 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 if this chapter had not been enacted.
Except as provided in subsection (e)—
the provisions of this chapter shall not affect suits commenced prior to the date this chapter takes effect, and
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.
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. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official as may be appropriate and, in any litigation pending when this chapter takes effect, the court may at any time, on its own motion or that of any party, enter any order which will give effect to the provisions of this section.
If, before the date on which this chapter takes effect, 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 Administrator, or any other official, then such suit shall be continued as if this chapter had not been enacted, with the Administrator, or other official as the case may be, substituted.
Final orders and actions of any official or component in the performance of functions transferred by this chapter shall be subject to judicial review to the same extent and in the same manner as if such orders or actions had been made or taken by the officer, department, agency, or instrumentality in the performance of such functions immediately preceding the effective date of this chapter. Any statutory requirements relating to notices, hearings, action upon the record, or administrative review that apply to any function transferred or delegated by this chapter shall apply to the performance of those functions by the Administrator, or any officer or component of the Administration*. In the event of any inconsistency between the provisions of this subsection and section 766 of this title, the provisions of section 766 of this title shall govern.
With respect to any function transferred by this chapter and performed after the effective date of this chapter, reference in any other law to any department or agency, or any officer or office, the functions of which are so transferred, shall be deemed to refer to the Administration, Administrator, or other office or officers in which this chapter vests such functions.
Nothing contained in this chapter shall be construed to limit, curtail, abolish, or terminate any function of the President which he had immediately before the effective date of this chapter; or to limit, curtail, abolish, or terminate his authority to perform such function; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegations of functions.
Any reference in this chapter to any provision of law shall be deemed to include, as appropriate, references thereto as now or hereafter amended or supplemented.
Source credit: (Pub. L. 93–275, § 8, May 7, 1974, 88 Stat. 103.)
- 1974Enacted · Pub. L. 93-275 · 88 Stat. 103
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-275 on 1974-05-07.
all 0 arguments · sorted by: best
no arguments yet — make the first case