Page:United States Statutes at Large Volume 91.djvu/639

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 605

TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL

SEC. 701. (a) Except as otherwise provided in this Act, the personnel 42 USC 7291. employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the functions transferred by this Act, subject to section 202 of the Budget and Accounting Procedure Act of 1950, are hereby transferred to the Sec- 31 USC 581c. retary for appropriate allocation. Unexpended funds transferred pursuant to this subsection shall onlj 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 transferred by this Act, personnel occupying those positions on the effective date of this Act, and personnel authorized to receive compensation in such positions at the 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 be subject to the provisions of section 703 of this Act. EFFECT ON PERSONNEL

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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 Government employees) and part-time personnel holding permanent 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 that full-time temporary personnel employed at the Energy Research Centers of the Energy Research and Development Administration upon the establishment of the Department who are determined by the Department to be performing continuing functions may at the 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 permanent personnel authorized for the Department by other law or administrative action shall be increased by the number of einployees who exercise the option to be so converted. (b) Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without 5 USC 5301 et a break in service, is appointed in the Department to a position having s«qduties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less 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 reemployment rights acquired under section 28 of the Federal Energy Administration Act of 1974 or any other provision of law or regulation may 15 USC 786, exercise such rights only within one hundred twenty days from the effective date of this Act or within two years of acquiring such rights, whichever is later. Remployment rights may only be exercised at the request of the employee.

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