Savings provisions
Title IV — Transition provisions
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(a) Completed administrative actions (1) In general Completed administrative actions of the Department of Education shall not be affected by the enactment of this Act or the transfer of the functions of the Department of Education under this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) Completed administrative action defined In this subsection, the term completed administrative action includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, policies, licenses, registrations, and privileges. (b) Pending proceedings (1) In general Pending proceedings of the Department of Education that apply to a function that is transferred to another Federal Department under this Act, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of those functions under this Act, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not occurred. (2) Orders Orders issued in proceedings described in paragraph (1), and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this Act had not been enacted or the functions of an agency had not been transferred, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (c) Pending civil actions Pending civil actions relating to a function that is transferred to another Federal Department under this Act shall continue notwithstanding the enactment of this Act or the transfer of the functions of an agency under this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred. (d) References References relating to the Department of Education that are relevant to functions that are transferred to another Federal Department under this Act in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede such transfer or the date of the enactment of this Act shall be deemed to refer, as appropriate, to the recipient Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Department of Education relating to a function that is transferred to another Federal Department under this Act immediately before the effective date of this Act shall continue to apply following such transfer if they refer to the Department of Education. (e) Employment provisions (1) Regulations The recipient Department may, in regulations prescribed jointly with the Director of the Office of Personnel Management, adopt the rules, procedures, terms, and conditions, established by statute, rule, or regulation before the date of the enactment of this Act, relating to employment in the Department of Education relevant to functions transferred under this Act. (2) Effect of transfer on conditions of employment Except as otherwise provided in this Act, or under authority granted by this Act, the transfer pursuant to this Act of personnel shall not alter the terms and conditions of employment, including compensation, of any employee so transferred. (f) Statutory reporting requirements Any statutory reporting requirement that applied to the Department of Education relevant to functions that are transferred under this Act immediately before the date of the enactment of this Act shall continue to apply following that transfer if the statutory requirement refers to the Department of Education.