
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6615]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
           CHAPTER 74--FOREIGN AFFAIRS AGENCIES CONSOLIDATION
 
                        SUBCHAPTER VI--TRANSITION
 
                    Part B--Reorganization Authority
 
Sec. 6615. Savings provisions


(a) Continuing legal force and effect

    All orders, determinations, rules, regulations, permits, agreements, 
grants, contracts, certificates, licenses, registrations, privileges, 
and other administrative actions--
        (1) that have been issued, made, granted, or allowed to become 
    effective by the President, any Federal agency or official thereof, 
    or by a court of competent jurisdiction, in the performance of 
    functions that are transferred under any subchapter of this chapter; 
    and
        (2) that are in effect as of the effective date of such 
    subchapter, or were final before the effective date of such 
    subchapter and are to become effective on or after the effective 
    date of such subchapter,

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terminated, superseded, set aside, or revoked in accordance with law by 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, or other authorized official, a court of 
competent jurisdiction, or by operation of law.

(b) Pending proceedings

                           (1) In general

        The provisions of any subchapter 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 the effective date of any subchapter of this 
    chapter before any Federal agency, commission, or component thereof, 
    functions of which are transferred by any subchapter of this 
    chapter. Such proceedings and applications, to the extent that they 
    relate to functions so transferred, shall be continued.

                    (2) Orders, appeals, payments

        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. 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    superseded, or revoked by the Secretary, by a court of competent 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.

                     (3) Statutory construction

        Nothing in this chapter 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.

                           (4) Regulations

        The Secretary is authorized to promulgate regulations providing 
    for the orderly transfer of proceedings continued under this 
    subsection to the Department.

(c) No effect on judicial or administrative proceedings

    Except as provided in subsection (e) of this section and section 
6543(d) of this title--
        (1) the provisions of this chapter shall not affect suits 
    commenced prior to the effective dates of the respective subchapters 
    of this chapter; 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) Nonabatement of proceedings

    No suit, action, or other proceeding commenced by or against any 
officer in the official capacity of such individual as an officer of any 
Federal agency, or any commission or component thereof, functions of 
which are transferred by any subchapter of this chapter, shall abate by 
reason of the enactment of this chapter. No cause of action by or 
against any Federal agency, or any commission or component thereof, 
functions of which are transferred by any subchapter of 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) Continuation of proceeding with substitution of parties

    If, before the effective date of any subchapter of this chapter, any 
Federal 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 effective on such date such 
suit shall be continued with the Secretary or other appropriate official 
of the Department substituted or added as a party.

(f) Reviewability of orders and actions under transferred functions

    Orders and actions of the Secretary in the exercise of functions 
transferred under any subchapter of 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 Federal 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 any subchapter of this chapter shall apply to the exercise of such 
function by the Secretary.

(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1615, Oct. 21, 
1998, 112 Stat. 2681-800.)

                       References in Text

    This chapter, referred to in text, was in the original ``this 
subdivision'', meaning subdiv. A of div. G of Pub. L. 105-277, Oct. 21, 
1998, 112 Stat. 2681-765, known as the Foreign Affairs Agencies 
Consolidation Act of 1998. For complete classification of this 
subdivision to the Code, see Short Title note set out under section 6501 
of this title and Tables.
    The effective dates of the respective subchapters of this chapter, 
referred to in subsecs. (a)(2), (b)(1), (c)(1), and (e), was in the 
original, references to the effective dates of the respective titles of 
this subdivision, meaning the effective dates of titles XI to XVI of 
subdiv. A of div. G of Pub. L. 105-277, Oct. 21, 1998, 112 Stat. 765. 
Titles XI and XVI of subdiv. A of div. G of Pub. L. 105-277 are 
effective Oct. 21, 1998. For the effective dates of titles XII, XIII, 
XIV, and XV of subdiv. A of div. G of Pub. L. 105-277, see sections 
1201, 1301, 1401, and 1501, respectively, of div. G of Pub. L. 105-277, 
set out as notes under sections 6511, 6531, 6561, and 6581, 
respectively, of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6612 of this title.
