Page:United States Statutes at Large Volume 87.djvu/851

 87 STAT. ]

PUBLIC LAW 93-198-DEC. 24, 1973

819

agency, or to the agency of which such officer is the head, for use in the administration of the functions of the Council or such agency or officer, the personnel (except the Commissioner of the District of Columbia, the Assistant to the Commissioner-, the Chairman of the District of Columbia Council, the Vice Chairman of the L^istrict of Columbia Council, the other members thereof, all of whose offices are abolished by this Act), property, records, and unexpended balances of appropriations and other funds which relate primarily to the functions so transferred. (b) If any question arises in connection wth the carrying out of subsection (a), such questions shall be decided— (1) in the case of functions transferred from a Federal officer or agency, by the Director of the Office of Management and Budget; and (2) in the case of other functions (A) by the Council, or in such manner as the Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if such functions are transferr-ed to him or to any other- officer or agency. (c) Any of the personnel authorized to be transferred to the Council, the Mayor, or any agency by this section which the Council or the head of such agency shall find to be in excess of the personnel necessary for the administration of its or his function shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service. (d) Xo officer or employee shall, by reason of his transfer to the District government under this Act or his separation from service under- this Act, be deprived of any civil service rights, benefits, and l)r-ivileges held by him prior to such transfer or any right of appeal or review he may have by reason of his separation from service. r<:xiSTING STATUTES, Rr^OULATIOXS, AND OTHP^H ACTIONS

SEC. 714. (a) Any statute, r-egulation, or other action in respect of (and any r-egulation or other action issued, made, taken, or- granted by) any officer or agency from which any function is transferred by this Act shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer, references irr such statute, regulation, or other action to an officer or agency from which a transfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made. (h) As used in subsection (a), the term "other action" includes, without limitation, any nrle, or-cler, contract, compact, policy, determination, directive, grant, authorization, permit, requirement, or designation. (c) Unless otherwise specifically provided in this Act, nothing contained in this Act shall be construed as affecting the applicability to the District government of personnel legislation r-elating to the District government until such time as the Council may otherwise elect to provide etpial or equivalent coverage. T E X D IX G ACTIONS ANr:) PliOCEEDINGS

SEC. 715. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer- or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act; but the cour-t, unless it determines that the survival of such suit, action, or other- proceedings is not necessary for purposes of settlement of the

"other action."

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