§ 3505. — Savings provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3505]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
Sec. 3505. Savings provisions
(a) Orders, determinations, etc.
All orders, determinations, rules, regulations, permits, grants,
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 to
the Secretary or the Department, and
(2) which are in effect on May 4, 1980,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with the law
by the President, the Secretary, or other authorized official, a court
of competent jurisdiction, or by operation of law.
(b) Proceedings and applications; transfer
(1) The provisions 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 May 4,
1980, 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modified, terminated, superseded, or revoked by the Secretary, by a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.
(2) The Secretary is authorized to promulgate regulations providing
for the orderly transfer of proceedings continued under paragraph (1) to
the Department.
(c) Actions
Except as provided in subsection (e) of this section--
(1) the provisions of this chapter shall not affect suits
commenced prior to May 4, 1980, 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) Liabilities incurred
No suit, action, or other proceeding commenced by or against any
officer in the official capacity of such individual 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 the official capacity of such officer shall abate by reason
of the enactment of this chapter.
(e) Parties
If, before May 4, 1980, any department or 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 such suit shall be continued with the Secretary or other
appropriate official of the Department substituted or added as a party.
(f) Review
Orders and actions of the Secretary in the exercise of functions
transferred under 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 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 this chapter shall
apply to the exercise of such function by the Secretary.
(Pub. L. 96-88, title V, Sec. 505, Oct. 17, 1979, 93 Stat. 691.)
Codification
In subsecs. (a)(2), (b)(1), (c)(1), and (e), ``May 4, 1980''
substituted for ``the effective date of this chapter'' pursuant to
section 601 of Pub. L. 96-88, set out as an Effective Date note under
section 3401 of this title.
