20 U.S.C. § 3503 — Agency terminations

Page 1184 TITLE 20—EDUCATION § 3502 cupying those positions on the effective date of this chapter, and personnel authorized to re- ceive compensation in such positions at the rate prescribed for offices and positions at level IV or V of the Executive Schedule (5 U.S.C. 5315–5316) on May 4, 1980, shall be subject to the provisions of section 3503 of this title. (Pub. L. 96–88, title V, § 501, Oct. 17, 1979, 93 Stat. 689.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 1531 of title 31’’ substituted for ‘‘section 202 of the Budget and Accounting Proce- dures Act of 1950 [31 U.S.C. 581c]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. In subsec. (b), ‘‘May 4, 1980’’ substituted for ‘‘the ef- fective 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. § 3502. Effect on personnel (a) Non-separation or non-reduction in grade or compensation of full-time personnel and part-time personnel holding permanent posi- tions Except as otherwise provided in this chapter, the transfer pursuant to this subchapter of full- time personnel (except special Government em- ployees) and part-time personnel holding perma- nent positions shall not cause any such em- ployee to be separated or reduced in grade or compensation for one year after the date of transfer to the Department. (b) Positions compensated in accordance with Executive Schedule Any person who, on the day preceding May 4, 1980, held a position compensated in accordance with the Executive Schedule prescribed in chap- ter 53 of title 5 and who, without a break in serv- ice, is appointed in the Department to a position having duties comparable to the duties per- formed immediately preceding such appoint- ment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (Pub. L. 96–88, title V, § 502, Oct. 17, 1979, 93 Stat. 690.) Editorial Notes CODIFICATION In subsec. (b), ‘‘May 4, 1980’’ substituted for ‘‘the ef- fective 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. Statutory Notes and Related Subsidiaries ABOLISHED POSITIONS DEEMED TRANSFERRED Pub. L. 96–88, title V, § 508(l)(4), Oct. 17, 1979, 93 Stat. 694, provided that: ‘‘Positions abolished as a con- sequence of the amendments made by this subsection [amending sections 1102, 2390, and 3012 of this title] shall, for purposes of section 502(a) [subsec. (a) of this section], be deemed to be permanent positions trans- ferred pursuant to title V of this Act [this sub- chapter].’’ § 3503. Agency terminations (a) Specific terminations On May 4, 1980, the following entities shall ter- minate: (A) the Education Division of the Depart- ment of Health, Education, and Welfare, in- cluding the Office of Education; (B) the Office of the Assistant Secretary for Education of the Department of Health, Edu- cation, and Welfare; (C) the Bureau of Occupational and Adult Education of the Department of Health, Edu- cation, and Welfare. (b) Positions authorized to be compensated at rate prescribed for level IV or V of the Exec- utive Schedule Each position which was expressly authorized by law, or the incumbent of which was author- ized to receive compensation at the rate pre- scribed for level IV or V of the Executive Sched- ule (5 U.S.C. 5315–5316), in an office terminated pursuant to this chapter shall also terminate. (Pub. L. 96–88, title V, § 503, Oct. 17, 1979, 93 Stat. 690; Pub. L. 99–145, title XII, § 1204(a)(3), Nov. 8, 1985, 99 Stat. 720.) Editorial Notes CODIFICATION In subsec. (a), ‘‘May 4, 1980’’ substituted for ‘‘the ef- fective 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. AMENDMENTS 1985—Subsec. (a). Pub. L. 99–145 struck out par. (1) designation and par. (2) which provided for termination of Office of Dependents’ Education of Department of Defense whenever President exercises authority under section 3442(a) of this title. § 3504. Incidental transfers (a) Authorization of Director of Office of Man- agement and Budget; termination of affairs The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized and directed to make such determinations as may be necessary with regard to the functions, offices, or portions thereof transferred by this chapter, and to make such additional incidental dispositions of per- sonnel, assets, liabilities, grants, 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 such functions, offices, or portions thereof, as may be necessary to carry out the provisions of this chapter. The Director shall provide for the termination of the affairs of all entities termi- nated by this chapter and for such further meas- ures and dispositions as may be necessary to ef- fectuate the purposes of this chapter. (b) Transfer of positions within Senior Executive Service After consultation with the Director of the Of- fice of Personnel Management, the Director of the Office of Management and Budget is author- ized, at such time as the Director of the Office