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U.S. Code as of:
01/19/04
Section 5871. Transitional provisions
(a) Lapse of agency or other body from which functions or programs
have been transferred and positions or offices therein
Except as otherwise provided in this chapter, whenever all of the
functions or programs of an agency, or other body, or any component
thereof, affected by this chapter, have been transferred from that
agency, or other body, or any component thereof by this chapter,
the agency, or other body, or component thereof shall lapse. If an
agency, or other body, or any component thereof, lapses pursuant to
the preceding sentence, each position and office therein which was
expressly authorized by law, or the incumbent of which was
authorized to receive compensation at the rate prescribed for an
office or position at level II, III, IV, or V of the Executive
Schedule (5 U.S.C. 5313-5316), shall lapse.
(b) Continuation of orders, determinations, rules, etc.
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, and
(2) 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terminated, superseded, set aside, or revoked by the President, the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, the Commission, or other authorized officials, a
court of competent jurisdiction, or by operation of law.
(c) Effect of chapter on proceedings pending before Atomic Energy
Commission or other department or agency
The provisions of this chapter shall not affect any proceeding
pending, at the time this section takes effect, before the Atomic
Energy Commission or any department or agency (or component
thereof) functions of 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 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in effect until modified, terminated, superseded, or revoked by a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.
(d) Effect of chapter on suits commenced prior to effective date
Except as provided in subsection (f) of this section -
(1) the provisions of this chapter shall not affect suits
commenced prior to the date this chapter takes effect, 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.
(e) Abatement of suits, actions, or other proceedings by or against
officer, department, or agency
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 section 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.
(f) Continuation of suits; substitution of parties
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 Commission, or any other official, then such suit shall be
continued as if this chapter had not been enacted, with the
Administrator or Commission, or other official, as the case may be,
substituted.
(g) Judicial review of orders and actions in performance of
transferred functions; statutory requirements relating to
notices, hearings, action upon record, or administrative review
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 by this chapter shall apply to the performance
of those functions by the Administrator or Commission, or any
officer or component.
(h) References in other laws to department, agency, officer, or
office whose functions have been transferred deemed reference to
Administration, Administrator, or Commission
With respect to any functions 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, the Administrator or Commission, or
other office or official in which this chapter vests such
functions.
(i) Limitation, curtailment, etc., of presidential functions or
authority
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 delegation of functions.
(j) References in chapter to provision of law deemed to include
references thereto as amended or supplemented
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.
(k) Functions conferred by chapter deemed in addition to and not
substitution for functions existing before effective date
Except as may be otherwise expressly provided in this chapter,
all functions expressly conferred by this chapter shall be in
addition to and not in substitution for functions existing
immediately before the effective date of this chapter and
transferred by this chapter.
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