Page:United States Statutes at Large Volume 84 Part 1.djvu/832

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PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

ment, and the Post Office Department and the office of Postmaster General of the Post Office Department are abolished. (b) Postal revenues and fees collected on and after the effective date of this section shall be considered assets of the Postal Service. SAVING

PROVISIONS

SEC. 5. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective— (A) under any provision of law amended by this Act; or (B) in the exercise of duties, powers, or functions which are transferred under this Act; by (i) any department or agency, any functions of which are transferred by this Act, or (ii) any court of competent jurisdiction; and (2) which are in effect at the time the United States Postal Service commences operations, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Postal Service (in the exercise of any authority vested in it by this Act), by any court of competent jurisdiction, or by operation of law. (b) The provisions of this Act shall not affect any proceedings pending at the time this section takes effect before any department or agency (or component thereof), the functions of which are transferred by this Act; but such proceedings shall be continued before the Postal Service. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Postal Service (in the exercise of any authority vested in it by this Act), by a court of competent jurisdiction, or by operation of law. (c)(1) Except as provided in paragraph (2) of this subsection— (A) the provisions of this Act shall not affect suits commenced prior to the date this section takes effect; and (B) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. 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 Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the Postal Service or, such official of that Service 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 an order which will give effect to the provisions of this subsection. (2) If before the date on which any provision of this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act— (A) such department or agency is transferred to the Postal Service; or (B) any function of such department, agency, or officer is transferred to the Postal Service; such suit shall be continued by the Postal Service.

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