42 U.S.C. § 7295 — Savings provisions
submitted 49 years ago by Pub. L. 95-91 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 579 words · no verdicts yet
This section keeps certain existing orders, proceedings, applications, and lawsuits in effect during a reorganization. It provides rules for continuing those matters and substituting the proper successor officials.
(a) Orders, determinations, rules, etc., in effect before effective date of this chapter 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 of it, 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which are in effect on October 1, 1977 , must continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked under law by the President, the Secretary*, the Federal Energy Regulatory Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law.
(b) Proceedings or applications for licenses, permits, etc., pending at effective date of this chapter; regulations
(1) The provisions of this chapter must 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 of it, functions of which are transferred by this chapter; but such proceedings and applications, to the extent that they relate to functions so transferred, must be continued. Orders must be issued in such proceedings, appeals must be taken therefrom, and payments must be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings must continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.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 must 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 issue regulations providing for the orderly transfer of such proceedings to the Department or the Commission.
(c) Suits begun before effective date of this chapter Except as provided in subsection
(e)—
(1) the provisions of this chapter must not affect suits begun before October 1, 1977 , and
(2) in all such suits, proceedings must be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted.
(d) Suits, actions, etc., begun by or against any officer or agency or cause of action by or against any department or agency No suit, action, or other proceeding begun 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, must 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 of it in his official capacity must abate by reason of the enactment of this chapter.
(e) Suits with officers, departments, or agencies as parties If, before October 1, 1977 , any department or agency, or officer of it 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 must be continued with the Secretary or other official, as the case may be, substituted.
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, 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
which are in effect on October 1, 1977,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary*, the Federal Energy Regulatory Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law.
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.
The Secretary and the Commission are authorized to promulgate regulations providing for the orderly transfer of such proceedings to the Department or the Commission.
Except as provided in subsection (e)—
the provisions of this chapter shall not affect suits commenced prior to October 1, 1977, 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.
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.
Source credit: (Pub. L. 95–91, title VIII, § 705, Aug. 4, 1977, 91 Stat. 606.)
- 1977Enacted · Pub. L. 95-91 · 91 Stat. 606
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-91 on 1977-08-04.
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