130 



(b) Pending proceedings; orders, appeals, payments. 



This chapter shall not affect any proceeding pend- 

 ing, at the time this chapter takes effect, before any 

 department or agency (or component thereof) re- 

 garding functions which are transferred by this 

 chapter; but such proceedings, to the extent that 

 they relate to functions so transferred, shall be con- 

 tinued. Orders shall be issued in such proceedings, 

 appeals (except as provided in section 766(i) (2) of 

 this title) 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 modified, terminated, superseded, or revoked by a 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 discon- 

 tinuance 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. 



(c) Commencement of suits before effective date. 



Except as provided in subsection (e) 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. 



(d) Litigation; abatement prohibition; Federal parties. 

 No suit, action, or other proceeding commenced 



by or against any officer in his official capacity as an 

 ofRcer 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 chapter 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. 



(e) 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 any other official, then such suit shall be con- 

 tinued as if this chapter had not been enacted, with 

 the Administrator, or other official as the case may 

 be, substituted. 



(f) Judicial review; other requirements respecting no- 

 tices, hearings, action upon record, and administra- 

 tive review; conflicting pro.visions. 



Pinal orders and actions of any ofScial or com- 

 ponent 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 pre- 

 ceding the effective date of this chapter. Any statu- 

 tory requirements relating to notices, hearings, ac- 

 tion upon the record, or administrative review that 

 apply to any function transferred or delegated by 

 this chapter shall apply to the performance of those 

 functions by the Administrator, or any officer or 

 component of the Administration. In the event of 

 any inconsistency between the provisions of this sub- 

 section and section 766 of this title, the provisions 

 of section 766 of this title shall govern. 



(g) References in other laws deemed references to 

 transferee offices or officers. 



With respect to any function transferred by this 

 chapter and performed after the effective date of 

 this chapter, reference in any other law to any de- 

 partment or agency, or any ofRcer or office, the func- 

 tions of which are so transferred, shall be deemed 

 to refer to the Administration, Administrator, or 

 other office or officers in which this chapter vests 

 such functions. 



(h) Presidential functions, authorities, and delega- 

 tions unaffected. 



Nothing contained in this chapter shall be con- 

 strued 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 per- 

 form such function; or to limit, curtail, abolish, or 

 terminate his authority to delegate, redelegate, or 

 terminate any delegations of functions. 



(i) References to other provisions deemed references 

 to such provisions as amended or supplemented. 



Any reference in this chapter to any provision of 

 law shall be deemed to Include, as appropriate, ref- 

 erences thereto as now or hereafter amended or 

 supplemented. (Pub. L. 93-275, § 8, May 7, 1974, 88 

 Stat. 103.) 



References in Text 



For effective date of this chapter, referred to In the text, 

 see section 30 of Pub. L. 93-276, set out as a note under 

 section 761 of this title. 



Effective and Termination Dates 



Section effective sixty days after May 7, 1974, or sooner 



unc;er Presidential notice published in Federal Register, 



and terminating June 30, 1976. see section 30 of Pub. L. 



93-275, set out as a note under section 761 of this title. 



§ 768. Incidental transfers. 



The Director of the Office of Management and 

 Budget is authorized and directed to make such addi- 

 tional incidental dispositions of personnel, person- 

 nel positions, assets, liabilities, contracts, property, 

 records, and unexpended balances of appropriations, 

 authorizations, allocations, and other funds held, 

 usc-d, arising from, available to, or to be made avail- 

 able in connection with functions which are trans- 

 ferred by or which revert under this chapter, as the 

 Director desms necessary and appropriate to accom- 

 plish the intent and purpose of this chapter. (Pub. 



