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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 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 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 chedule (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

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 employees 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. 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 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. Reemployment rights may only be exercised at the request of the employee.

42 USC 7293.

AGENCY TERMINATIONS Sec. 703. Except as otherwise provided in this Act, whenever all of the functions vested by law in any agency, commission, or other body, or any component thereof, have been terminated or transferred from that agency, commission, or other body, or component by this Act, the agency, commission, or other body, or component, shall terminate. If an agency, commission, or other body, or any component thereof, minates pursuant to the preceding sentence, each position and office therein which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313–5316), shall terminate.

42 USC 7294.

42 USC 7295.

INCIDENTAL TRANSFERS Sec. 704. The Director of the Office of Management and Budget, in consultation with the Secretary and the Commission, is authorized and directed to make such determinations as may be necessary with regard to the transfer of functions which relate to or are utilized by an agency, commission or other body, or component thereof affected by this Act, to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to or to be made available in connection with the functions transferred by this Act, as he may deem necessary to accomplish the purposes of this Act.

SAVINGS PROVISIONS Sec. 705. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges

(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act to the Department or the Commission after the date of enactment of this Act, and

(2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, the Federal Energy Regulatory Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law.

(b)(i) The provisions of this Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending at the time this Act takes effect before any department, agency, commission, or component thereof, functions of which are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions 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 Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, 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 Act had not been enacted.

(2) The Secretary and the Commission are authorized to promul- Regulations. gale regulations providing for the orderly transfer of such proceedings to the Department or the Commission. (c) Except as provided in subsection (e)

(1) the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect, and,

(2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this

Act had not been enacted. (d) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act.

(e) If, before the date on which this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Secretary or any other official, then such suit shall be continued with the Secretary or other official, as the case may be, substituted.

SEPARABILITY

Sec. 706. If any provision of this Act or the application thereof 42 USC 7296. to any person or circumstance is held invalid, neither the remainder of this Act nor the application of such provision to other persons or circumstances shall be affected thereby.

REFERENCE

Sec. 707. With respect to any functions transferred by this Act 42 USC 7297. and exercised after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be d'emed to refer to the Secretary, the Federal Energy Regulatory Commission, or other official or component of the Department in which this Act vests such functions.

PRESIDENTIAL AUTHORITY

Sec. 708. Except as provided in title IV, nothing contained in this 42 USC 7298. Act shall be construed to limit, curtail, abolish, or terminate any function of, or authority available to, the President which he had immediately before the effective date of this Act; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegation of functions.

AMENDMENTS

Sec. 709. (a) The Federal Energy Administration Act of 1974 is 15 USC 761 note. amended:

Repeals. (1) by repealing sections 4, 9, 28, and 30;

15 USC 763, (2) in section 72

768, 786, 761 (A) by striking out subsections (a) and (b) and redesig

15 USC 766. nating subsection (c) as subsection (a);

note.

15 USC 766.

(B) by striking cut subsections (d), (e), (f), (g), and (h):

(C) by striking out “(i)(1)” and by striking out subparagraphs (A), (B), (C), (E), and (F) of subsection (1) (1) and redesignating subparagraph (D) of such subsection as subsection (b);

(D) by striking out, in the matter redesignated as subsection (b), “the rules, regulations, or orders described in paragraph (A)” and inserting in lieu thereof “any rule or regulation, or any order having the applicability and effect of a rule as defined in section 551 (4) of title 5, United States Code, pursuant to this Act";

(E) by striking out, in such subsection, "paragraph (2) of this subsection” and inserting in lieu thereof "subsec. tion (c)";

(F) by redesignating paragraph (2)(A) of subsection (1) as subsection (c) and by striking out subparagraph (B) of subsection (i) (2); and

(G) by striking out paragraph (3) of subsection (i) and

by striking out subsections (j) and (k); 15 USC 790a.

(3) in section 52(a)

(A) by striking out "and" at the end of paragraph (2);

(B) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; and"; and

(C) by adding after such paragraph (3) the following

new paragraph: 15 USC 717w.

“(4) the States to the extent required by the Natural Gas Act 16 USC 791a. and the Federal Power Act."; and 15 USC 790d.

(4) in section 55(b)

(A) by striking out "seven" and inserting in lieu thereof "six"

(B) by inserting "and" after “Federal Trade Commission:"; and

(C) by striking out “one shall be designated by the Chair

man of the Federal Power Commission; and”. Repeal.

(b) The Energy Reorganization Act of 1974 is amended by repeal42 USC 5818.

ing section 108. Repeal.

(c)(1) The Atomic Energy Act of 1954 is amended by repealing 42 USC 2036.

section 26. 42 USC 2201 (2) Section 161(d) of the Atomic Energy Act of 1954 shall not

apply to functions transferred by this Act.

(d) In section 509 (c)(6) and (e) of title š of the Housing and 12 USC 17012-8. Urban Development Act of 1970, add "the Secretary of Housing and

Urban Development." to those individuals and agencies with whom the Secretary of the Department of Energy must consult.

(e) The Énergy Conservation Standards for New Buildings Act

of 1976 is amended as follows: 42 USC 6833.

(1) in section 304(c), by inserting “the Secretary of Housing and Urban Development," after “the Administrator,"; and

(2) in section 310, by inserting "Secretary of Housing and

Urban Development." after “the Administrator,". Loans, criteria. (f) The Rural Electrification Act of 1936 is amended by adding a

new section 16 to title I thereof to read as follows:

“Sec. 16. In order to insure coordination of electric generation and transmission financing under this Act with the national energy policy, the Administrator in making or guaranteeing loans for the construction, operation, or enlargement of generating plants or electric transmission lines or systems, shall consider such general criteria consistent

note.

42 USC 6839.

7 USC 916.

with the provisions of this Act as may be published by the Secretary of Energy.".

(g) Section 19(d) (1) of title 3, United States Code, is amended by inserting immediately before the period at the end thereof the following:“, Secretary of Energy”.

ADMINISTRATIVE AMENDMENTS

Sec. 710. (a) Section 101 of title 5, United States Code is amended by adding at the end thereof the following:

“The Department of Energy.". (b) Subsection (a) of section 5108 of title 5, United States Code, is amended by striking out “an aggregate of 2,754” and inserting in lieu thereof “an aggregate of 3,243".

(c) Section 5312 of title 5, United States Code, is amended by adding at the end thereof the following:

"(14) Secretary of Energy.”. (d) Paragraph (22) of section 5313 of title 5, United States Code, is amended to read as follows:

“(22) Deputy Secretary of Energy.". (e) Section 5314 of title 5, United States Code, is amended by striking out, in paragraph (21), “Federal Power Commission” and by inserting in lieu thereof "Federal Energy Regulatory Commission”, and by amending paragraph (60) to read as follows:

“(60) Under Secretary, Department of Energy”.
(f) Section 5315 of title 5, United States Code, is amended by strik-
ing out, in paragraph (60), “Federal Power Commission” and insert-
ing in lieu thereof "Federal Energy Regulatory Commission", by
striking out paragraph 102, and by adding at the end of the section
the following:

“(114) Assistant Secretaries of Energy (8).
"115) General Counsel of the Department of Energy.

"(116) Administrator, Economic Regulatory Administration, Department of Energy.

"(117) Administrator, Energy Information Administration, Department of Energy.

"(118) Inspector General, Department of Energy.
“119) Director, Office of Energy Research, Department of
Energy.".
(g) Paragraphs (135) and (136) of section 5316 of title 5, United
States Code, are amended to read as follows:

“(135) Deputy Inspector General, Department of Energy.
"(136) Additional Officers, Department of Energy (14).".

TRANSITION

Sec. 711. With the consent of the appropriate department or agency 42 USC 7299. head concerned, the Secretary is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Secretary ior such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this Act.

CIVIL SERVICE COMMISSION REPORT

Sec. 712. The Civil Service Commission shall, as soon as practicable Transmittal to but not later than one year after the effective date of this Act, prepare Congress,

42 USC 7300.

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