public law 95-91— aug. 4, 1977 91 stat. 605 



title vii— transitional, savings, and 

 confor:ming provisions 



XRANSFEK AND .ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL 



Sec. 701. (a) Except as otlierwise provided in tliis Act, the personnel 42 USC 7291. 

 employed in connection with, and the assets, liabilities, contracts, 

 property, records, and unexpended balance of appropriations author- 

 izations, allocations, and other funds employed, held, used, arising 

 from, available to or to be made available in connection with the func- 

 tions transferred by this Act, subject to section 202 of the Budget and 

 Accounting Procedure Act of 1950, are hereby transferred to the Sec- 31 L'SC 581c. 

 retary for appropriate allocation. Unexpended funds transferred pur- 

 suant to this subsection shall only be used for the purposes for which 

 the funds were originally authorized and appropriated. 



(b) Positions expressly specified by statute or reorganization plan 

 to carry out function transferi-ed by tliis Act, personnel occupying 

 those positions on tlie effective date of this Act, and personnel author- 

 ized to receive compensation in such positions at tlie rate prescribed 

 for offices and positions at level I, II, III, IV, or V of the executive 

 ■schedule (5 U.S.C. 5312-5316) on the effective date of this Act, shall 

 lie subject to the provisions of section 703 of this Act. 



EFFECT ON PERSONNEL 



Sec. 702. (a) Except as otherwise provided in this Act, the transfer 42 USC 7292. 

 pursuant to this title of full-time personnel (except special Govern- 

 ment employees) and part-time personnel holtling i^'nuanent positions 

 pursuant to this title shall not cause any such employee to be separated 

 or reduced in grade or compensation for one year after the date of 

 enactment of this Act, except tliat full-time temporary personnel 

 employed at the Energy Research Centers of the Energy Research and 

 Development Administration upon the estabiishment of the Depart- 

 ment who are determined by the Department to be performing continu- 

 ing functions may at tlie employee's option be converted to permanent 

 full-time status within one hundred and twenty days following their 

 transfer to the Department. The employment levels of full-time per- 

 manent personnel authorized for the Department by other law or 

 administrative action shall be increased by the number of employees 

 wlio exercise the option to be so converted. 



(b) Any person who, on the effective date of this Act, held a posi- 

 tion compensated in accordance with the Executive Schedule pre- 

 scribed in chapter 53 of title 5, L^nited States Code, and who, without 5 USC 5301. 

 a break in .-service, is appointed in the Department to a position having 



duties comparable to those performed immediately preceding his 

 appointment shall continue to be compensated in his new position at not 

 Jess than the rate provided for his previous position, for the duration of 

 his service in the new position. 



(c) Employees transferred to the Department holding reemploy- 

 ment rights acquired under section 28 of the Federal Energy Admin- 

 istration Act of 1074 or any other provision of law or regulation may 15 USC 786. 

 exercise such rights only within one himdicd twenty days from the 



effective date of this Act or within two years of ac(iuiring such rights, 

 wliichever is jatei-. Recmploynunt rights may only be exercised at the 

 ii'Huest of the employee. 



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