Page:United States Statutes at Large Volume 98 Part 2.djvu/550

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 S T A T. 1710 5 USC 5402. 5 USC 4301 et seg 49 USC app. 1551.

P U B L I C L A W 9 8 - 4 4 3 — O C T. 4, 1984

based on the factors in section 5402(b)(2) of such title as appraised in performance appraisals administered by the Civil Aeronautics Board in accordance with chapter 43 of title 5, United States Code, in addition to those administered by the agency to which the employee is transferred. (b) W i t h the consent of the Civil Aeronautics Board, the h e a d of each agency to which functions a r e transferred by section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act is authori2ed to use the services of such officers, employees, and other personnel of the Board for such period of t i m e as may reasonably be needed to facilitate the orderly transfer of such functions. SAVINGS PROVISIONS

49 USC app. 1556.

SEC. 12. (a) All orders, determination s, rules, regulations, permits, contracts, certificates, licenses, and privileges—

(1) which have been issued, made, granted, or allowed to become effective by the President, any agency or official thereof, or by a court of competent jurisdiction, in the performance of any function which is transferred by section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act from the Civil Aeronautics Board to another agency, and (2) which are in effect on December 31, 1984, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the head of the agency to which such function is transferred, or other authorized officials, a court of competent jurisdiction, or by operation of law. (b) The transfers of functions made by section 1601(b) of the Federal Aviation Act of 1958 and section 4 of this Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending at the time such transfers take effect before the Civil Aeronautics Board; 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 pa5mients shall be made pursuant to such orders, as if such sections 16010?) and 4 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 or modified if such sections 1601(b) and 4 had not been enacted. (c) Except as provided in subsection (e)— (1) the transfer of any function under section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act shall not affect any suit relating to such function which is commenced prior to the date the transfer 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 section lOOlOb) of the Federal Aviation Act of 1958 and section 4 of this Act had not been enacted. (d) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Civil Aeronautics Board shall abate by reason of the transfer of any function