
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5872]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
        SUBCHAPTER III--MISCELLANEOUS AND TRANSITIONAL PROVISIONS
 
Sec. 5872. Transfer of personnel


(a) Provisions of law applicable

    Except as provided in the next sentence, the personnel employed in 
connection with, and the personnel positions, assets, liabilities, 
contracts, property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds employed, held, used, 
arising from, available to or to be made available in connection with 
the functions and programs transferred by this chapter, are, subject to 
section 1531 of title 31, correspondingly transferred for appropriate 
allocation. Personnel positions expressly created by law, personnel 
occupying those positions on the effective date of this chapter, and 
personnel authorized to receive compensation at the rate prescribed for 
offices and positions at levels II, III, IV, or V of the Executive 
Schedule (5 U.S.C. 5313-5316) on the effective date of this chapter 
shall be subject to the provisions of subsection (c) of this section and 
section 5871 of this title.

(b) Prohibition against separation or reduction in grade or compensation 
        for one year after transfer

    Except as provided in subsection (c) of this section, transfer of 
nontemporary personnel pursuant to this chapter shall not cause any such 
employee to be separated or reduced in grade or compensation for one 
year after such transfer.

(c) Compensation in new position at not less than rate provided for 
        previous position

    Any person who, on the effective date of this chapter, held a 
position compensated in accordance with the Executive Schedule 
prescribed in chapter 53 of title 5, and who, without a break in 
service, is appointed in the Administration to a position having duties 
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.

(Pub. L. 93-438, title III, Sec. 302, Oct. 11, 1974, 88 Stat. 1250.)

                       References in Text

    The effective date of this chapter, referred to in subsecs. (a) and 
(c), refers to the effective date of Pub. L. 93-438. See section 312 of 
Pub. L. 93-438, set out as an Effective Date; Interim Appointments note 
under section 5801 of this title.

                          Codification

    In subsec. (a), ``section 1531 of title 31'' substituted for 
``section 202 of the Budget and Accounting Procedures Act of 1950 (31 
U.S.C. 581c)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money 
and Finance.

                          Transfer of Functions

    Energy Research and Development Administration terminated and 
functions vested by law in Administrator thereof transferred to 
Secretary of Energy (unless otherwise specifically provided) by sections 
7151(a) and 7293 of this title.
