--- kind: "section" citation: "20 U.S.C. § 3505" title: "20" title_heading: "Education" number: "3505" heading: "Savings provisions" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/20/3505" units: - "Chapter 48 — Department of Education" - "Subchapter V — Transitional, Savings, and Conforming Provisions" --- # §3505. Savings provisions - (a) **Orders, determinations, etc.** All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges— - (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal [department](/usc/20/3404.md?p=1) or agency or official thereof, or by a court of competent jurisdiction, in the performance of [functions](/usc/20/3404.md?p=4) which are transferred under this chapter to the [Secretary](/usc/20/3404.md?p=2) or the [Department](/usc/20/3404.md?p=1), and - (2) which are in effect on May 4, 1980, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the [Secretary](/usc/20/3404.md?p=2), or other authorized official, a court of competent jurisdiction, or by operation of law. - (b) **Proceedings and applications; transfer—** - (1) The provisions of this chapter shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on May 4, 1980, before any [department](/usc/20/3404.md?p=1), agency, commission, or component thereof, [functions](/usc/20/3404.md?p=4) of which are transferred by this chapter; but such proceedings and applications, to the extent that they relate to [functions](/usc/20/3404.md?p=4) so transferred, shall be continued. Orders shall be issued in such proceedings, appeals 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had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the [Secretary](/usc/20/3404.md?p=2), by a court of competent jurisdiction, or by operation of law.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 this chapter had not been enacted. - (2) The [Secretary](/usc/20/3404.md?p=2) is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under [paragraph (1)](#b-1) to the [Department](/usc/20/3404.md?p=1). - (c) **Actions—** Except as provided in [subsection (e)](#e)— - (1) the provisions of this chapter shall not affect suits commenced prior to May 4, 1980, 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) **Liabilities incurred—** No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any [department](/usc/20/3404.md?p=1) or agency, [functions](/usc/20/3404.md?p=4) 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](/usc/20/3404.md?p=1) or agency, [functions](/usc/20/3404.md?p=4) of which are transferred by this chapter, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this chapter. - (e) **Parties—** If, before May 4, 1980, any [department](/usc/20/3404.md?p=1) or agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this chapter any [function](/usc/20/3404.md?p=4) of such [department](/usc/20/3404.md?p=1), agency, or officer is transferred to the [Secretary](/usc/20/3404.md?p=2) or any other official of the [Department](/usc/20/3404.md?p=1), then such suit shall be continued with the [Secretary](/usc/20/3404.md?p=2) or other appropriate official of the [Department](/usc/20/3404.md?p=1) substituted or added as a party. - (f) **Review—** Orders and actions of the [Secretary](/usc/20/3404.md?p=2) in the exercise of [functions](/usc/20/3404.md?p=4) transferred under this chapter shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the agency or [office](/usc/20/3404.md?p=7), or part thereof, exercising such [functions](/usc/20/3404.md?p=4) immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any [function](/usc/20/3404.md?p=4) transferred by this chapter shall apply to the exercise of such [function](/usc/20/3404.md?p=4) by the [Secretary](/usc/20/3404.md?p=2). ## Source credit (Pub. L. 96–88, title V, § 505, Oct. 17, 1979, 93 Stat. 691.) ## Notes ### Editorial Notes ### Codification In subsecs. (a)(2), (b)(1), (c)(1), and (e), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.