
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5871]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
        SUBCHAPTER III--MISCELLANEOUS AND TRANSITIONAL PROVISIONS
 
Sec. 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terminated, superseded, set aside, or revoked by the President, the 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.

(Pub. L. 93-438, title III, Sec. 301, Oct. 11, 1974, 88 Stat. 1248.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended, which 
enacted this chapter, amended sections 5313 to 5316 of Title 5, 
Government Organization and Employees, repealed sections 2031 and 2032 
of this title, and enacted provisions set out as notes under section 
5801 of this title. For complete classification of this Act to the Code, 
see Short Title note set out under section 5801 of this title and 
Tables.
    References to ``at the time this chapter takes effect'' in subsec. 
(b)(2), ``the date this chapter takes effect'' in subsec. (d)(1), ``date 
on which this chapter takes effect'' in subsec. (f), and ``the effective 
date of this chapter'' in subsecs. (g), (h), (i), and (k), refer to the 
effective date of Pub. L. 93-438. See section 312 of Pub. L. 93-438, set 
out as an Effective Date; Interim Appointments note under section 5801 
of this title.

                          Transfer of Functions

    For transfer of certain functions from Nuclear Regulatory Commission 
to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 
Stat. 3585, set out as a note under section 5841 of this title.
    Energy Research and Development Administration terminated and 
functions vested by law in Administrator thereof transferred to 
Secretary of Energy (unless otherwise specifically provided) by sections 
7151(a) and 7293 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5872 of this title.
